This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1856 Excerpt: ...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. hoTkeftT seo-123-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 ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1856 Excerpt: ...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. hoTkeftT seo-123-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. Claim of prop-Seo. 124. If the property taken be claimed by any other erty by third person than the defendant or his agent, and such person proceedings sha11 make affidavifc of his fitle thereto, and right to the thereon. possession thereof, stating the grounds 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 indemnify the sheriff against such claim by ', n undertaking, executed by two sufficient sureties, acor&panied 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 may retain the property a reasonable time to demand such indemnity. Seo. 125. The sheriff shall file the notice and affidavit Notice and with the proceedings thereon, with the clerk of the court "SjJew to in which the action is pending, within twenty days after taking the property mentioned therein. Seo. 126. The writ of injunction may be in the form of Injunction an order as prescribed in this act. The order may be ma...
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