160; McClaughry v. Cratzenberg, 39 III. 117; Mt. Carbon, etc., v. Andrews, 53 Ill 176; Hagan v. Lucas, 10 Peters (U. S.), 400; Buck v. Colbath, 3 Wall. (U. S.)341; Brush v. Seguin, 24 ill. 254; Hay v. Hayes, 56 III. 342. 3. Venue. 3. The action may be brought in any county in which the goods and chattels or any part of them are, or in which the defendant, or, if several defendants, either of them resides or may be found. 4. Affidavit. § 4. The person bringing such action shall, before the writ issues, file with the clerk of the court in which the action is brought, or with the justice of the peace before whom the suit is commenced, an affidavit, showing that the plaintiff in such action is the owner of the property described in the writ and about to be replevied, or that he is then lawfully entitled to the possession thereof, and that the property is wrongfully detained by the defendant, and that the same has not been taken for any tax, assessment or fine levied by virtue of any law of this State, nor seized under any execution or attachment against the goods and chattels of such plaintiff liable to execution or attachment, nor held by virtue of any writ of replevin against such plaintiff. [R. S. 1845, p. 434, § 3: People v. Core, 85 Ill. 248; Kehoe v. Rounds, 69 I. 351; Vocht v. Reed, 70 Ill. 491: Kirkpatrick v. Cooper, 77 Ill. 566; Burton v. Curyea, 45 Ill. 322; Anderson v. Hapler, 34 Ill. 436; McClaughry v. Cratzenberg, 39 Ill. 117. 5. Affidavit on information and belief. § 5. When the affidavit is made by any person on behalf of the plaintiff, the same may be upon the information and belief of the affiant. [R. S. 1845, p. 434, § 10. 6. Writ-direction-returnable. [*852] 6. When the writ is issued out of a court of record, it shall be directed to the sheriff or other proper officer of the proper county, to serve; when issued by a justice of the peace, it shall be directed to any constable of such county. Such writs shall be made returnable as writs of summons. 7. Form of writ. 7. The writ of replevin shall require the sheriff, constable or other officer to whom it is directed to take the property, describing it as in the affidavit, from the possession of the defendant, and deliver the same to the plaintiff, and to summon the defendant to answer the plaintiff in the action, or in case the property or any part thereof is not found and delivered to the sheriff, constable or other officer, to answer the plaintiff for the value of the same. 8. Writs to several counties. 8. Counterparts of the writ of replevin may issue, upon the suggestion of the plaintiff, to several counties, to be executed upon the goods or served upon the defendants to be found therein: Provided, that if none of the property sought to be replevied is found in the county where the suit is brought, and neither of the defendants resides or can be found therein, the plaintiff shall not be entitled to judgment except as to such defendants as appear and defend the suit. 9. Alias, pluries. § 9. When it appears by the return of the officer that any defendant is not found "alias" and "pluries," writs directing the officer to summon such defendant may issue on the application of the plaintiff until such defendant is served. 10. Replevin bond. $10. Before the execution of any writ of replevin, the plaintiff or some one else on his behalf, shall give to the double sheriff, constable or other officer, bond with sufficient security in the value of the property about to be replevied. Conditioned that he will prosecute such suit to effect, and without delay, and make return of the property, if return of the property shall be awarded, and save and keep harmless such sheriff, constable or other officer, as the case may be, in replevying such property, and further conditioned for the payment of all costs, and damages occasioned by wrongfully suing out said writ of replevin, and if the sureties on such bond at any time before trial, shall become insolvent, a rule nisi shall be entered, requiring good and suffi cient replevin bond, to be filed, and if the same shall not be within the time fixed by the court, the suit shall be dismissed. so filed Storms, [As amended by act approved May 28, 1879. In force July 1, 1879. L. 1879, P. 239. R. S. 1845. P. 434, 84 People v. Robinson, 89 Ill. 159: Matthews 72 Ill. 316: Fahnestock v. Gilham, 77 Ill. 637; Wolfe v. McClure, 79 III. 564: Arter v. People, 54 Ill. 228; Pirkins v. Rudolph, 36 Ill. 306; Petrie v. Fisher, Speer v. Skinner, 35 Ill. 282; People v. Core, 85 Ill. 251; Langdoc v. Parkinson, 2 Brad. 136. 43 111. 442; 11. Return. II. Such officer shall return the bond so taken by him, together with the writ, to the clerk or justice of the peace who issued such writ. [R. S. 1845, p. 434, § 5. 12. Failure to take or return bond, etc. § 12. If the sheriff, constable or other officer fails to take and return the bond, as required by this act, or returns an insufficient bond, he shall be liable to the party injured for all damages he may sustain by reason of such neglect, which may be recovered in an action on the case, in any court of competent jurisdiction, or by an action upon his official bond. [R. S. 1845, P. 434, § 8; People v Core, 85 Ill. 248. 13. Limitation. 13. No sheriff, constable or other officer shall be liable, under the preceding section, unless the bond was insufficient when taken, nor unless suit is commenced against him or upon his bond, within three years after the cause of action shall have accrued. [L 1869, p. 372, § 2; People y. Core, 85 Ill. 253. to the 14. Execution of writ. $14. Upon such bond being given. the sheriff, constable or other proper officer shall forthwith execute such writ by seizing and delivering the property therein mentioned plaintiff or his agent, and by reading such writ to the defendant if he can be found. [R. S. 1845, P. 434, S4 a writ of the 15. Service. 15. It shall be the duty of the officer havin of replevin, to serve the same by reading to the defendant, whether the property is found or delivered to him or not, unless, when none property is found, the officer is otherwise directed by the plaintiff or his agent. it shall return 16. Notice by publication and mail. § 16. When appear by affidavit of the plaintiff, his attorney or agent, or by the of the officer, that any defendant in such suit is not a resident of this State, or has departed from this State, or on due inquiry can not be found, or is concealed within this State, so that process cannot be served on him, notice may be given as provided by law in cases of attachment, and with like effect. [See 'Attachments," ch. 11, § 22. L. 1849, p. 102, § I. 17. Declarations. § 17. Declarations in replevin may be filed in like manner as other declarations. [See "Practice," ch. 110, § 18. 18. Counts in trover. § 18. When the property or any part thereof has not been found or delivered as aforesaid, and the defendant is summoned or enters his appearance, the plaintiff [*853] may declare in trover for such property or so much thereof as is not found and delivered to the sheriff, constable or other officer, and as to the property not found and delivered, the plaintiff, if he shall recover, shall be entitled to judgment for the value thereof or his interest therein, and such damages as he shall have sustained by reason of the wrongful taking and detention, as in other cases of trover. [See Practice," ch. 110, § 23; L. 1851, p. 107, § 2; Merchants' Saving, Loan and Trust Co. v. Goodrich, 75 Ill. 354: Eisendrath v Knauer, 64 Ill. 396; Karr v. Barstow, 24 Ill. 581; Dart v. Horn, 20 III. 213; Mattingly v. Crowley, 42 II. 300; McGavock v. Chamberlain, 20 Ill. 219. 19. Avowry. § 19. It shall be sufficient for the defendant, in all cases of replevin for distress taken for rent, to avow or make cognizance generally, without particularly setting forth the tenure or title to the lands whereon such distress was taken. [R. S. 1845, p. 434. $ 9. 20. Pleadings before justice. 20. When the suit is before a justice of the peace, no written pleadings shall be required. 21. Amendments. § 21. Amendments shall be permitted in actions of replevin, as in other suits at law. [See "Practice," ch. 110, 24; "Amendments and Jeofails," ch. 7; "Justices and Constables,' ch. 79, § 38. 22. Judgment against plaintiff. § 22. If the plaintiff in an action of replevin fails to prosecute his suit with effect, or suffers a nonsuit or discontinuance, or if the right of property is adjudged against him, judgment shall be given for a return of the property and damages for the use thereof from the time it was taken until a return thereof shall be made, unless the plaintiff shall, in the meantime, have become entitled to the possession of the property, when judgment may be given against him for costs and such damage as the defendant shall have sustained; or if the property was held for the payment of any money, the judgment may be in the alternative that the plaintiff pay the amount for which the same was rightfully held, with proper damages, within a given time, or make return of the property. [R. S. 1845, P. 434, 86; McArthur v. Howett, 72 Ill. 358; Lill v. Stookey, 72 III. 495; Seabury v. Ross, 69 1. 533: Lamping Bros. v. Payne, 83 Ill. 463;Van Namee v. Bradley, 69 Ill. 299; Atkins v. Byrnes, 71 Ill. 326; Krause v. Curtis, 73. 111. 450; Kern v. Potter, 71 Ill. 19; Simmons v. Jenkins, 76 Ill. 482; Colwell v. Brower, 75 Ill. 518 Outhouse v. Allen, 72 Ill. 529: Lammers v. Meyer, 59 Ill. 214 Tuttle v. Robinson, 78 Ill. 332; Broadwell v. Paradice, 81 Ill. 474; Merch. S. L. & T. Co. v. Goodrich, 75 Ill. 554; Anderson v. Talcott, 1 Gilm. 371; Chandler v. Lincoln, 52 III. 74; Constantine v. Foster, 57 Ill. 36; Cook v. Miller, 11 Ill. 610; Carrier v Ford, 26 II. 488 Underwood v. White, 45 Ill. 438; King v. Ramsey, 13 Ill. 619; Edwards v. McCurdy, 13 Ill. 496; Jackson v. Hobson, 4 Scam. 411; Wheeler v. McCorristen, 24 Ill. 40: Dayton v. Fry, 29 Ill. 525; O'Connor v. U. S. T. Co., 31 Ill. 230; Hill v. Fig ley, 25 ill. 162; Hanford v. Obrecht, 38 Ill. 493, and 49 Ill. 146; Vose v. Hart, 12 ÏÏ. 378; Bourk v. Riggs, 38 Ill. 320; Johnson v Howe, 2 Gilm. 342; Amos v. Sinnott, 4 Scam. 445; Simpson v. Wren, 50 Ill. 222; Ingalls v. Bulkley, 13 Ill. 315; S. C., 15 Ill. 224; Newman v. Bennett, 23 Ill. 427; Clark v. Lewis, 35, I. 417; Holcomb v. 34; Young 15 Ill. 347 23. Judgment for plaintiff. 23. If judgment is given for the plaintiff in replevin, he shall recover damages for the detention of the property while the same was wrongfully detained by the defendant. [R. S. 1845, P. 434, § 6; Odell v. Hole, 25 Ill. 204; Butler v. Mehrling, 15 Ill. 488; Brennan v. Shinkle, 89 111. 605. 24. Assessment of damages. § 24. In either case provided for in the two preceding sections, if the case is tried by a jury, the damages may be assessed by such jury, but if the plaintiff makes default or the judgment is given for defendant without a trial, the damages may be assessed by the court or by a jury impaneled for that purpose. [R. S. 1845, P. 434, 86; Campbell v. Head, 13 Ill. 122; Butler v. Mehrling, 15 III. 488; Hopkins. Ladd, 35 III. 178. 25. Suit on bond. § 25. If at any time the conditions of the bond required by section ten of this act shall be broken, the sheriff, constable, or other officer or plaintiff in the name of the sheriff, to his own use, as the case may be, may sue and maintain an action on such bond for the recovery of all such damages and costs, as may have been sustained in consequence of the breach of such condition. [As amended by act approved May 28, 1879. In force July 1, 1879. L. 1879, p. 239. R. S. 1845, P. 434, 87; Stevison v. Earnest, 80 Ill. 513; Goelz v. Joerg. 64. Ill. 1145 Fahnestock v. Gilham, 77 Ill. 637; David v Bradley, 79 Ill. 316; Hunter - Sherman, 2 Scam. 539 Peck v. Wilson, 22 Ill. 205; Hopkins v. Ladd, 35 Ill. 179 McCoy, 19 Ill. 606; Smith v. Pries, 21 Ill. 656; Shepard v. Butterfield, 41 Petrie v. Fisher, 43 Ill. 442.; Rankin v. Kinsey, 7 Bradw, 15. = Chinn v. 111. 76; 26. Defense in suit on bond. § 26. When the merits of the case have not been determined in the trial of the action in which the bond was given, the defendant in the action upon the replevin bond may plead that fact and his title to the property in dispute, in said replevin. [L. 1847, p. 62, § 1; Stevison v. Earnest, 80 Ill. 513; King v. Ramsey action of 13 Ill. 619: Buckmaster v. Beams, 4 Gilm. 443; Warner v. Matthews, 18 Ill. 83; Chinn McCoy, 19 Ill. 606; Odell v. Hole, 25 Ill. 204; Stose v. People, 25 Ill. 600. 66 $27, repeal, omitted. See Statutes," ch. 131, § 5. under a AN ACT to enable justices of the peace to order a return of property taken writ of replevin, where it appears that the value of the property exceeds the jurisdiction of the justice. [Approved May 28, 1881. In force July 1, 1881. L. 1881, p.1. *27. When value of property exceeds jurisdiction-return. SEC. I Be it enacted by the People of the State of Illinois, represented in the General Assembly, That where any property has been taken under a writ of replevin issued by a justice of the peace, and it shall appear on the trial that the property so taken exceeds in value the jurisdiction of the justice of the peace he shall have power to order a retur property so taken, to the defendant. of the |