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Bond to be assigned if plaintiff do not prosecute suit, &c.
Return and sale of goods.
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48. In case the plaintiff in replevin shall not cause said civil bill to be served as herein-before mentioned, or shall not duly appear at the sessions, and there prosecute his civil bill, or, having appeared, his civil bill shall be dismissed because the annual rent in respect of which the distress was made exceeded fifty pounds, or by reason of his disputing that the person by or on whose behalf the distress was made was landlord as aforesaid and in every case where he shall not obtain a decree therein, the assistant barrister shall, at the request of any party named as a defendant in such civil bill, make an order that the bond so directed to be given to the sheriff as aforesaid shall be assigned to the defendant, or, if more than one, to such of the defendants as he shall think fit; and such bond shall be assigned by the sheriff or his representative to such person or persons as the assistant barrister shall direct; and such assignment shall be by an indorsement, signed by the sheriff or his representative, on the bond, to the effect following, that is to say,
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‘I, A.B., sheriff of , do hereby assign the within ‘bond to , his executors or administrators, this ‘ day of .’ Which indorsement shall not require any stamp; and such bond shall be and stand as a security for the full amount of the value of the goods distrained, and the costs of the proceedings in relation to the distress and of the proceedings on such civil bill and on such bond; and the assignee of such bond shall be at liberty to sue in his own name, upon such bond, all or any one or more of the obligors thereof in the court of the assistant barrister within whose jurisdiction any one of such obligors shall reside, without regard to the amount of the penalty of such bond; and it shall be lawful for the assistant barrister to order that the goods distrained shall be returned to the party who distrained the same; and in every such case, where the goods distrained shall be actually returned to the party who distrained the same, and the costs of the proceedings paid, no further proceeding shall be had on the bond which shall have been given as aforesaid; and all such goods, if returned or recovered under any such decree as aforesaid, may be sold for the recovery of the rent due and expences, not sooner than after the expiration of the second day after the day of the return thereof.
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