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Mode of proceeding by civil bill in replevin cases.
Execution of order to replevy on security being given by bond with sureties.
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43. Where any party whose goods or chattels shall have been distrained for rent shall dispute the validity of the distress, and the annual amount of the rent in respect of which such distress shall or ought to have been made shail not exceed fifty pounds, it shall be lawful for such party to lodge with the clerk of the peace for the county, wherein such distress shall have been made a civil bill, . . . stating the particulars of the property distrained, and the place where, and the person or persons by whom or on whose behalf such distress was made, and requiring such person or persons to appear and answer such bill at the next general or quarter sessions of the peace for the division or district in which such distress was made, in case there shall be ten clear days between the day of lodging such civil bill and the first day of holding such sessions, and if not, then at the sessions for such division or district next after the expiration of ten days from the day of lodging such civil bill; and thereupon the said clerk of the peace shall issue an order . . . requiring the sheriff of the county to replevy the goods and chattels so distrained; and the sheriff to whom any such order shall be directed, or his replevinger, shall, and he is hereby required, upon good security being given to him by the bond of the person obtaining such order, and two or more responsible persons, not exceeding four in number, as sureties, in double the amount of the value of the property distrained, to execute such order, and make a correct and proper return in writing of the manner in which the same shall have been executed, or to signify the cause why the same has not been executed, to the court of the assistant barrister for the county or riding, within seven days next after such order shall have been delivered to him: Provided that the value of the property distrained shall be ascertained by the said sheriff or replevinger in like manner as the value of goods distrained is now ascertained by law by the said sheriff on taking security in replevins returnable to any of the superior courts at Dublin; . . .
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