justice, he may appear and submit to an examination, and the justice shall proceed to examine him, and all proper witnesses, orally, (see next section) and render such judgment as the nature of the case may require. (Sec. 56 of R. S.)

SECT. 74. All disclosures made by trustees of debtors before any justice of the peace, shall be in writing subscribed and sworn to; which disclosure shall be recorded at length in the records of said justice, together with the decision of the justice upon the liability of said trustee. (Sec. 2 of No. 44 of 1847.)

SECT. 75. Any person, summoned as a trustee before a justice, may appear before the justice, who issued the writ, and demand an immediate trial, and, upon showing good cause for an immediate trial, the justice shall issue a written notice, requiring the plaintiff to appear before him at a specified time and place, and attend to the taking of such supposed trustee's disclosure. (Sec. 63 of R. S.)

SECT. 76. Such notice shall be served in the same manner as is provided for the service of a writ of summons, not more than two days, nor less than twenty-four hours, before the time of trial, specified in such notice. (Sec. 64 of R. S.)

SECT. 77. At the time and place, specified in such notice, the justice shall proceed to hear and determine the case, so far as the trustee is concerned, in the same manner as if it had been the time set for trial in the writ. (Sec. 65 of R. S.)

SECT. 78. The person summoned as a trustee before a justice, shall be entitled to six cents per mile for his travel, and seventy-five cents per day, for every day's necessary attendance. (Sec. 59 of R. S.)

SECT. 79. No [such] (trustee) process shall be commenced before a justice of the peace, where the matter in demand shall exceed the sum of one hundred dollars. (Sec. 2 of R. S., as amended by No. 44 of 1847.)

APPEALS FROM JUSTICES.

SECT. 80. If either party shall appeal from the judgment of the justice, in such case, the same proceedings shall be had in the county court, as though the same had been originally commenced in such court. (Sec. 57 of R. S.)

SECT. 81. Whenever any person shall be adjudged trustee in any suit brought before a justice, such person may appeal from the judgment of the justice, to the county court, under the same regulations as are by law prescribed in ordinary cases of appeal, and the same proceedings shall be had in the county court as if said suit had been originally brought before said county court. (Sec. 4 of No. 9 of 1842.)

SECT. 82. When an appeal is taken by the trustee, and no appeal is taken by the principal debtor, the county court shall affirm the judgment of the justice against the principal debtor, and add the interest to the amount of the damages without additional costs, and issue execution thereon according to law. (Sec. 5 of No. 9 of 1842.)

SECT. 83. If such appellant shall be adjudged trustee upon such

appeal, the plaintiff in the suit shall recover of him all costs accruing subsequent to such appeal: provided, that if such appellant shall be adjudged trustee for a less sum than that found by such justice, the court shall apportion costs between the plaintiff and trustee, as may be reasonable. (Sec. 6 of No. 9 of 1842.)

SECT. 84. If said appellant shall not enter his said appeal in the county court, the said court, upon the complaint of the plaintiff, may affirm the judgment of the justice, with costs against said trustee. (Sec. 7 of No. 9 of 1842.)

SECT. 85. The judgment against the principal debtor, rendered by the county court in a case appealed by the trustee, shall hold any lien by attachment or bail as though the case was appealed by said principal debtor. (Sec. 8 of No. 9 of 1842.)

SECT. 86. Whenever any person shall be summoned to appear as trustee, before any justice of the peace, he may appear before such justice by attorney; and the justice shall, on application, allow an appeal, by such trustee, to the county court, under the same regulations as are prescribed by law, in ordinary cases of appeal; and the same proceedings shall be had in the county court, as if said suit had been originally brought before said county court. (Sec. 1 of No. 46 of 1847.)

SECT. 87. If it shall be made to appear to the county court, that said appeal was taken for the purpose of enhancing cost, such county court may disallow any cost to the trustee, so appealing. (Sec. 2 of No. 46 of 1847.)

SECTION

CHAPTER 33.

REPLEVIN.

BEING IDENTICAL WITH

Chap. 30 of the Revised Statutes, pp. 198–203.

1. Beasts distrained, owner may maintain re-
plevin.

2. Writ, how issued, and proceedings.
3. Not to be served until bond executed.
4. Bond to be given in double the value.
Value, how ascertained.

5. Bond to be returned with the writ and cer-
tificate of value.

6. Value, not exceeding seven dollars, writ to be returned to justice.

SECTION

12. Bond, when to be delivered to plaintiff, and when to be sued..

13. Officer liable for insufficiency of bond.

OF OTHER REPLEVIN OF GOODS.

14. Goods, worth over twenty dollars, unlaw-
fully taken, &c. owner, &c. may replevy.
15. Writ, how issued, served and returned.
16. Bond, to whom and for what taken.
17. If defendant recover, the effect of judgment.

7. If beasts were lawfully distrained, defendant 18. If goods were attached, or taken in executo have judgment, &c.

tion, the effects of replevin on such process.

8. If unlawfully, plaintiff to have judgment, &c. 19. Service of execution not delayed by replev

BY DEFENDANT OF GOODS ATTACHED.

9. Goods attached, defendant may replevy. Writ, by whom and how issued.

10. Condition of the bond.

11. Bond to be returned with the writ.

in, only, &c.

20.

Goods to be sold on execution, as if they had not been replevied.

21. Sums recovered by attaching officer, &c. in replevin or on bond, how applied.

22. Sums received by the creditor, how applied.

SECTION 1. Any person, whose beasts are distrained or impounded, in order to recover any penalty or forfeiture, supposed to have been incurred by their going at large, or to obtain satisfaction for any damages alleged to have been done by them, may maintain a writ of replevin therefor; to be sued out and prosecuted before any court, having jurisdiction thereof, substantially in the form prescribed by law.

SECT. 2. The writ shall be sued out, served and returned, and the cause shall be heard and determined in like manner as is provided in the case of other civil actions before justices, in all particulars in which a different course is not directed by law.

SECT. 3. The writ shall not be served, unless the plaintiff, or some one in his behalf, shall execute and deliver to the officer a bond to the defendant, with sufficient surety, to be approved by the officer in a penalty double the value of the property to be replevied, with condition to prosecute the replevin to final judgment, and pay such damages and costs as the defendant shall recover against him, and also to return such property, in case such shall be the final judgment.

SECT. 4. The writ shall require that such bond shall be given in double the value of the property to be replevied, but shall not express the sum or amount for which it shall be given, and the value of the property shall be ascertained by three disinterested and discreet persons, to be appointed and sworn by the officer, unless the parties shall agree as to the value, and the penalty of the bond shall be equal to double the value so ascertained.

SECT. 5. The officer shall return, with the writ, the bond that he shall take, to be left with the clerk of the court or the justice, for the use of the defendant, and he shall also include in his return a certificate of the value of the property.

SECT. 6. If it shall appear, from the return of the officer, that the value of the property, ascertained as aforesaid, does not exceed seven dollars, the writ shall be returned to the justice who signed the same, but if the value of the property exceeds seven dollars, the writ shall be returned to, entered and determined in, the county court for the same county, in like manner as other original actions.

SECT. 7. If it shall appear upon the nonsuit of the plaintiff, or upon a trial, that the beasts were lawfully taken or distrained, the defendant shall have judgment for such sum as shall be found to be due from the plaintiff, for the penalty or forfeiture, or for the damages for which the beasts were impounded, together with all the legal fees, costs, charges and expenses, incurred by reason of the distress, and also the costs of the action of replevin.

SECT. 8. If it shall appear upon the default of the defendant, or

upon trial, that the beasts were taken or distrained, without any sufficient or justifiable cause, the plaintiff shall have judgment for his damages, caused by the unjust taking and detaining of his beasts, and his costs.

BY DEFENDANT OF GOODS ATTACHED.

SECT. 9. When the goods or chattels of any defendant shall be attached on mesne process, returnable to any county court, he may replevy the same; and any person authorized by law to issue original writs, returnable to the county court, may issue a writ of replevin, in the form prescribed by law, and the officer, to whom such writ is delivered, shall, before he serve the same, require the plaintiff, in such writ, to execute a bond to the plaintiff in the original process, with sufficient surety in such sum, to the value of which attachment was directed to be made, which sum shall be inserted in the writ of replevin.

SECT. 10. Such bond shall be conditioned, that the plaintiff, in the writ of replevin, shall return such goods or chattels, so that they may be taken on an execution which may issue on a judgment, to be recovered on such mesne process, or otherwise discharge such judgment within sixty days from the rendition of the same.

SECT. 11. The officer, upon receiving such bond, shall cause replevin to be made, and shall return such writ, with the bond, to the clerk of the court, to which the original writ of attachment was made returnable, and such clerk shall receive and keep the same on file.

SECT. 12. If the plaintiff in the original process shall recover judgment thereon, execution shall issue within thirty days, and if the defendant in such process shall not, within sixty days from the rendition of such judgment, return such goods or chattels, so that they may be taken in execution, or otherwise discharge such execution, the clerk, on request, shall deliver to the plaintiff such bond, who shall recover, in an action to be commenced thereon, within one year from the rendition of such judgment and not after, the amount of such judgment, with reasonable damages for delay, and his just

costs.

SECT. 13. If the plaintiff shall not be able to recover satisfaction of the judgment, which may be rendered on the bond as aforesaid, in consequence of the insufficiency of the signers of such bond, the officer taking such bond shall be liable, in an action of the case, for just damages and costs.

OF OTHER REPLEVIN OF GOODS.

SECT. 14. When any goods, of the value of more than twenty dollars, shall be unlawfully taken, or unlawfully detained, from the owner or the person entitled to the possession thereof, or when any goods or chattels, of that value, which are attached on mesne process, or taken in execution, are claimed by any person other than the defendant in the suit, or debtor in the execution, on which they are so taken or attached, such owner or other person may cause them

to be replevied, by a writ to be sued out, and prosecuted as herein

after provided.

SECT. 15. The writ shall be made returnable to the county court, for the county in which the goods are detained, and shall be substantially in the form prescribed by law, and shall be sued out, served and returned like other writs in civil actions, in all particulars, in which a different course is not prescribed by law, and the general issue shall be joined on the plea of not guilty.

SECT. 16. The officer shall, before serving the writ, take from the plaintiff, or some one in his behalf, a bond to the defendant, with sufficient sureties, in double the value of the goods to be replevied, with a condition like that of the bond before prescribed in the third section of this chapter, and the officer shall proceed to ascertain the value of the goods or chattels, in the same manner as is prescribed in the fourth section of this chapter, and shall return such bond to the clerk of the court, to which the writ is returnable, for the use of the defendant.

SECT. 17. If it shall appear, upon the nonsuit of the plaintiff or upon trial, that the defendant is entitled to a return of the goods, he shall have judgment therefor accordingly, with damages for the taking thereof by the replevin, and costs of suit.

SECT. 18. If the goods, when replevied, were taken in execution, or if they were attached, and judgment be afterwards rendered for the attaching creditor, and if, in either case, the service of the execution be delayed by means of the replevin, the damages to be assessed for the defendant, in case of a judgment for a return, shall be not less than at the rate of twelve per cent. by the year, on the value of the goods, for so long as the service of the execution shall have been so delayed.

SECT. 19. In case such goods or chattels were taken in execution, the service of such execution shall not be thereby delayed, so far as it respects any balance due thereon, after deducting the value of such goods or chattels, so ascertained as aforesaid, but the officer holding the same may proceed to execute such execution, and the creditor may have an alias execution, for such balance, in the same manner as if payment had been made thereon, to the value of such goods or chattels; and if judgment shall be rendered in favor of the plaintiff, in replevin, the creditor may have an alias execution in like manner, as if such goods or chattels had not been taken in

execution.

SECT. 20. If judgment shall be rendered in favor of the defendant, in the action of replevin, and the goods or chattels are returned, the same may be sold, and the proceeds applied, by the officer who took them in execution, in the same manner and with like effect, as if they had not been replevied.

SECT. 21. All sums recovered in an action of replevin, by any officer for or on account of any goods attached or taken in execution by him, or recovered in an action on the bond given upon the replevin of such goods, shall be applied and disposed of, as far as they will go, in the manner following:

First. To pay the lawful fees and charges of the officer, and reasonable expenses of the action of replevin and the action on the