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they justify, or other bail be given or justified, be liable to the sheriff, by action, for damages which he may sustain by reason of such omission.

$ 204. A defendant arrested, may at any time before judgment apply on motion to vacate the order of arrest, or to reduce the amount of bail.

$ 205. If the motion be made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits or other proofs, in addition to those on which the order of arrest was

made.

$ 206. The plaintiff, in an action to recover the possession of personal property, may, at the time of issuing the summons, or at any time before answer, claim the immediate delivery of such property as provided in

this chapter.

§ 207. Where a delivery is claimed, an affidavit must be made by the plaintiff, or by some one in his behalf, showing:

1. That the plaintiff is the owner of the property claimed, (particularly describing it) or is lawfully entitled to the possession thereof, by virtue of a special property therein, the facts in respect to which shall be set

forth ;

2. That the property is wrongfully detained by the defendant;

3. The alleged cause of the detention thereof, according to his best knowledge, information and belief;

4. That the same has not been taken for a tax, assessment or fine, pursuant to a statute ; or seized under

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an execution or attachment against the property of the plaintiff; or if so seized, that it is, by statute, exempt from such seizure; and,

5. The actual value of the property.

$ 208. The plaintiff may, thereupon, by an indorsement in writing upon the affidavit, require the sheriff of the county where the property claimed may be, to take the same from the defendant, and deliver it to the plaintiff.

§ 209. Upon the receipt of the affidavit and notice, with a written undertaking, executed by one or more sufficient sureties, approved by the sheriff, to the effect that they are bound, in double the value of the property as stated in the affidavit, for the prosecution of the ac tion, for the return of the property to the defendant, if return thereof be adjudged, and for the payment to him of such sum as may, for any cause, be recovered against the plaintiff, the sheriff shall forthwith take the property described in the affidavit, if it be in the possession of the defendant or his agent, and retain it in his custody. He shall, also, without delay, serve on the defendant a copy of the affidavit, notice and undertaking, by de livering the same to him personally, if he can be found or to his agent, from whose possession the property is taken; or if neither can be found by leaving them at the usual place of abode of either, with some person of suitable age and discretion.

$ 210. The defendant may within three days after the service of a copy of the affidavit and undertaking, give notice to the sheriff that he excepts to the sufni ciency of the sureties. If he fail to do so, he shall be deemed to have waived all objection to them. When the defendant excepts, the sureties shall justify on norice in like manner, as upon bail on arrest. And the sheriff shall be responsible for the sufficiency of the sureties until the objection to them is either waived as above provided, or until they shall justify, or new sureties shall be substituted and justify. If the defendant Except to the sureties, he cannot reclaim the property as provided in the next section.

$ 211. At any time before the delivery of the property to the plaintiff, the defendant may if he do not except to the sureties of the plaintiff, require the return thereof, upon giving to the sheriff a written undertaking, executed by two or more sufficient sureties, to the effect that they are bound, in double the value of the property, as stated in the affidavit of the plaintiff, for the delivery thereof to the plaintiff, if such delivery be adjudged, and for the payment to him of such sum as may, for any cause, be recovered against the defendant. . If a return of the property be not so required within three days after the taking and service of notice to the defendant, it shall be delivered to the plaintiff, except as provided in section 216.

$ 212. The defendant's sureties, upon a notice to the plaintiff of not less than two nor more than six days, shall justify before a judge or justice of the peace, in the same manner as upon bail on arrest; upon such justification, the sheriff shall deliver the property to the defendant. The sheriff shall be responsible for the defendant's sureties, until they justify, or until justification is completed or expressly waived, and may retain the property until that time, but if they or others in their

place, fail to justify, at the time and place appointed, he shall deliver the property to the plaintiff.

§ 213. The qualifications of sureties and their justi

: fication, shall be as are prescribed by sections

194 195, in respect to bail upon an order of arrest.

and

$ 214. If the property or any part thereof be concealed in a building or enclosure, the sheriff shall publicly demand its delivery. If it be not delivered, he shall cause the building or enclosure to be broken open, and take the property into his possession; and if necessary he may call to his aid the power of his county.

$ 215. When the sheriff shall have taken property, as in this chapter provided, he shall keep it in a secure place, and deliver it to the party entitled thereto, upon receiving his lawful fees for taking, and his necessary expenses for keeping the same.

$ 216. If the property taken be claimed by any other person than the defendant or his agent, and such person shall make affidavit of his title thereto and right to the possession thereof, stating the ground of such right and title and serve the same upon the sheriff; the sheriff shall not be bound to keep the property, or deliver it to the plaintiff unless the plaintiff on demand of him or his agent, shall in demnify the sheriff against such claim by an under taking, executed by two sufficient sureties accompani ied by their affidavits, that they are each worth double the value of the property as specified in the affidavit, of the plaintiff and freeholders and householders of the county. And no claim to such property by any other person than the defendant or his agent, shall be valid against the sheriff unless made as aforesaid, and notwithstanding such claim, when so made, he the property a reasonable time to demand such indemnity.

may retain

$ 217. The sheriff shall file the notice and affidavit with his proceedings thereon, with the clerk of the court in which the action is pending within twenty days after taking the property mentioned therein.

$ 218. The writ of injunction as a provisional remedy is abolished; and an injunction, by order, is substituted therefor. The order may be made by the court in which the action is brought, or by a judge thereof, or by a county judge, in the cases provided in the next section; and when made by a judge may be enforced as the order of the court.

$ 219. Where it shall appear by the complaint, that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof, consists in restraining the commission or continuance of some act the commission or continuance of which, during the litigation would produce injury to the plaintiff, or when, during the litigation, it shall appear that the defendant is doing, or threatens, or is about to do, or procuring or suffering some act to be done in violation of the plaintiff's rights, respecting the subject of the action, and tending to render the judgment ineffectual, a temporary injunction may be granted to restrain such act. And where during the pendency of an action, it shall appear by affidavit, that the defendant threatens, or is about to re.

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