Writ of replevin for goods taken, &c.

9

took and impounded the said and the same unjustly detained to this day, to the damage of the said P. D. as he saith, the sum of dollars, as shall then and there appear, with other due damages: Provided, he the said P. D. shall give bond, with sufficient surety or sureties to the said S. P. in the sum of , being double the value of the said beasts, to prosecute his said replevin to final judgment, and to pay such damages and costs as the said S. P. shall recover against him, and also to return the said , in case such shall be the final judgment. And of this writ with your doings hereon, and the bond you shall take, you are to make return to our said Justice on or before the said day of o'clock. Witness, J. S. our said Justice, at B. Anno Domini

at

in the said County, this

day of

J. S.

per

[Form of a Writ of Replevin for goods or chattels taken,
distrained or attached, which are claimed by a third
son, when of the value of more than twenty dollars.]
State of Maine.

L. S. S ss. To the Sheriff of our County of S-
or his deputy,
Greeting.
[Or if the Sheriff or his deputy are defendants, then it may
be directed to a Coroner.]

We command you that you replevy the goods and chattels following, viz. [here enumerate and particularly describe them] belonging to P. D. of B. [addition] now taken, detained or attached, (as the case may be,) by S. P. of B. [addition] at in B. aforesaid, and them deliver unto the said P. D. Provided, the same are not taken and detained upon mesne process, warrant of distress, or upon execution, as the property of the said P. D. and summon the said S. P. that he appear before our Justices of our Circuit Court of Common Pleas, next to be holden at B. within and for our County of S on the day of to answer unto the said P. D. in a plea of replevin, for that the said S. P. on the

day of at said B. unlawfully, and without any justifiable cause, took the goods and chattels of the said P. D. as aforesaid, and them unlawfully detained to this day, to the damage of the said P. D. as he says, the sum of dollars: Provided, he the said P. D. shall give bond to the said S. P. with sufficient surety or sureties in the sum of dollars, being twice the value of the said goods and chattels, to prosecute the said replevin to final judgment, and to pay such damages and costs as the said S. P. shall recover against him; and also to return and restore the same goods and chattels, in like good order and condition as when taken, in case such shall be the final judgment; and have you there this writ, with your doings herein, together with the bond you shall take. Witness, S, N. Esq. at B. this day of Anno Domini

E. P. Clerk,

[Form of Writ of Restitution on Judgment rendered before a Justice of the Peace.]

State of Maine.

L. S. S― SS. To the Sheriff of our County of S or his deputy,

Writ of restitution from a Jus-.

Greeting. Whereas P. D. of B. in our County of S [addition] late- tice of Peace. ly replevied the beasts following: [Here insert such description of them as they had in the writ of replevin] which S. P. of B. in our County of S-[addition] had unlawfully taken and unjustly detained, as the said P. D. suggested, and caused the said S. P. to be summoned before J. S. one of our Justices of the Peace, for our said County of S to answer unto the said P. D. for such supposed unlawful taking and detaining, at a day now passed: and whereas upon the

day of at B. aforesaid, upon a hearing of the cause of taking and detaining the said beasts, before our said Justice, it appeared that the same taking and detaining was lawful and justifiable; Whereupon it was then and there considered, that the same beasts be returned, and restored to the said S. P. irrepleviable, and that the said S. P. recover against the said P. D. the sum of damages, for his taking the same by the said process of replevin, and the further sum of for his costs, arisen in the defence of the said suit, as by the record of our said Justice, before him remaining to us appears; whereof execution remains to be done: We command you therefore, that you forthwith return and restore the same beasts unto the said S. P. And also that of the money of the said P. D. or of his goods or chattels within your precinct, at the value thereof in money you cause to be levied, paid and satisfied unto the said creditor the aforesaid sums, being in the whole, with cents more for this writ, together with your own fees; and for want of such money, goods or chattels of the said debtor to be by him shown. unto you or found within your precinct, to the acceptance of the said creditor for satisfying the aforesaid sums; We command you to take the body of the said debtor, and him commit unto our gaol in B. and we command the keeper thereof accordingly, to receive the said debtor into our said gaol, and him safely to keep, until he pay the full sums above mentioned, with your fees, or that he be discharged by the said creditor, or otherwise by order of law. Hereof fail not, and make return of this writ, with your doings therein, unto our said Justice, within sixty days next coming. Witness, our said Justice at B. the day of in the year of our

Lord

[Form of Writ of Withernam.]

L. S. S――ss.

or his deputy,

State of Maine.

J. S.

To the Sheriff of our County of S

Greeting.

Whereas P. D. of B. in our County of S--[addition] lately

Withernam.

Writ for re plevying a person law bully committed

day of

replevied the beasts following, viz. [here insert such descrip-
tion of them as they had in the writ of replevin] and which
were at the time of the replevy, of the value of which S.
P. of B. aforesaid had unlawfully taken and detained, as the
said P. D. suggested, and caused the said S. P. to be sum-
moned before J. S. one of our Justices of the Peace, for our
said County of S- to answer unto the said P. D. for such sup-
posed unlawful taking and detaining, at a day now passed;
and whereas upon the day of at B. aforesaid, upon a
hearing of the cause of taking and detaining the said beasts,
by our said Justice, it was determined, that the same taking
and detaining, was lawful and justifiable: Whereupon it was
then and there considered, that the beasts be returned and
restored to the said S. P. irrepleviable, and for his damages
and costs; and afterwards on the
our writ of
return and restitution issued, in due form of law, directed to
the Sheriff of our said County of Sor his deputy to return
the same accordingly: which writ of return and restitution
was delivered to C. D. to execute accordingly; who on the
day of
returned thereon, [here insert the return
made by the officer, of his inability to return the beast.]
And we being desirous that the said P. D. should not, by his
false suggestions and pretentions any longer detain the beasts
so by him replevied as aforesaid, command you forthwith to
take the beasts of the said P. D. of like kind and value, if any
he hath, to be found in your precinct, in withernam, and in
default thereof any other of his goods and chattels to the full
value, in withernam, and them deliver unto the said S. P. to
be by him kept, used and improved, until the said P. D. shall
restore him the beasts he took from him, by our writ of re-
plevin, as aforesaid; and also that of the money of the said
P. D. or of his goods or chattels to be found within your pre-
cinct, at the value thereof in money, you cause to be paid
and satisfied unto the said S. P. for this writ together
with your own fees for executing the same. Hereof fail not,
and make return of this writ, with your doings herein, unto
our said Justice, within sixty days next coming. Witness,
our said Justice at B. the
in the year of our

Lord

day of

J. S.

SEC. 10. Be it further enacted, That the form of the writ for the replevying of a person, and of original and alias writs of Withernam shall be as follows, to wit:

[Replevying a person.]

[Form of the original Writ where any person stands com-
mitted by lawful authority.]
State of Maine.

S

L. S. Sss. To the Sheriff of our County of S

Greeting.

We command you, that justly and without delay, you cause to be replevied C. D. who, (as it is said,) is taken and

next, then and

detained in our gaol in N. within our said County of S, by
the commitment of A. B. that he the said C. D. may be at our
Supreme Judicial Court, next to be holden at
within our
County aforesaid, upon the day of
there in our said Court to answer to all such things as shall
be then and there objected against him, more especially for
the offence for which he stands committed, unless, while the
writ of habeas corpus is suspended by the Legislature, he
stands committed by the Supreme Executive Power of the
State, as dangerous to the public safety, or by the same or
some subordinate authority of the government, for treason,
the death of man, counterfeiting the common currency,
burning, burglary, robbery or some other offence whereof if
he is convicted, he may suffer death or banishment; or un-
less he is holden under execution upon judgment for debt,
forfeiture or in withernam, or by distress for taxes, or under
sentence after conviction, for fine, or costs, or in punishment.
Witness, W. C. Esq. at the day of

our Lord

house

in the year of

L. M. Clerk.

And where the plaintiff is held without order of law, the writ shall be in form following, viz.

L. S.

S

State of Maine.

SS. To the Sheriff of our County of S

Greeting.

We command you that justly and without delay you cause to be replevied C. D. who, (as it is said,) is taken and detained in a place called N. within our said County of S by the duress of G. H. that he the said C. D. may appear at our Circuit Court of Common Pleas, next to be holden at within and for our said County of Supon the day

of

next, then and there in our said Court to demand right and justice against the said G. H. for the duress and imprisonment aforesaid, and to prosecute his replevin as the law directs: Provided, that if he, the said C. D. is held by the said G. H. as his ward, infant, or one to whose service he is entitled, or as a principal to whom the said G. H. is bail, and he shall make you secure by good and lawful mainpernors for his appearing at our Court aforesaid to prosecute his replevin against the said G. H. and to have his body at the same Court, ready to be re-delivered if ordered thereunto, and to pay all such damages and costs, as shall be then and there awarded against him; then and not otherwise you are to deliver him; and if the said C. D. is by you delivered at any day before the sitting of our said Court, you are to summon the said G. H. by serving him with an attested copy of this writ, that he may appear at our said Court, to answer unto the said C. D. upon his replevin. Witness, T. N. Esq. at B. the day of in the year of our Lord X. Y. Clerk.

Writ for replevying a person committed without order of Law.

Withernam,

Subpœna' for witnesses.

[Original Writ of Withernam.]
State of Maine.

L. $. S————ss. To the Sheriff of our County of S-,
Greeting.

Whereas we have heretofore, by our writ for replevying
a person, commanded you that justly and without delay
[here the original writ for replevying a person shall be recit-
ed] and you having returned thereupon [here the Sheriff's re-
turn shall be recited] We therefore command you that
without delay you take the body of the said G. H. if he may
be found in your precinct, and him safely keep, so that he
may be at our Circuit Court of Common Pleas, next to be
holden at within and for our said County of S, on the
day of
next, then and there in our said Court to trav-
erse the return aforesaid upon our original writ for replevy-
ing a person, and that if he shall be found guilty of the elon-
gation of the said C. D. he may be held by our alias writ of
withernam, until he shall produce the body of the said C.
D. that he may be delivered as the law directs. Witness,
T. N. Esq. at B. the day of
, in the year of our
Lord
X. Y. Clerk.
And the alias Writ of Withernam shall be in form follow-
ing, viz.

State of Maine.

L. S. SSS. To the Sheriff of our County of S,
Greeting.

Whereas we commanded you, by our original writ for the replevying of a person that [here the original writ for replevying a person shall be recited] upon which writ a return was made, that [here the return shall be recited] whereupon our writ of withernam was duly issued commanding you that [here the writ of withernam shall be recited] and at our said Court the said G. H. [here all the consequent proceedings shall be recited] whereupon it was considered and adjudged by our said Court, that the body of the said G. H. should be taken and held, until he shall produce the body of the said C. D. and until he shall pay the sum of taxed in costs against him. We therefore command you, that you take the body of the said G. H. into your custody, and him there to hold irrepleviably in one of our gaols in our said County of S until he shall produce the body of the said C. D. or is discharged by order of law. Witness, Esq. at B. the

day of

Clerk.

in the year of our Lord SEC. 11. Be it further enacted, That in all civil causes, pending in any Court, the subpoena to witnesses shall be in the form following, to wit:

[Subpoena for Witnesses.] To A. B. of C. [addition]

Greeting.

You are hereby required in the name of the State of Maine, to make your appearance before the Justices of the