be again a distress to be irrepleviables Westm. 2. c. 2. 271. et seq. On claim of replevin be which the matter was moved; and if the plaintiff cometh unto them, and desireth replevin of the same beasts, goods and chattels, he or she shall have a judicial writ, that the sheriff, taking security for the suit, and also for the return of the same beasts, goods and chattels, or for the price or value of them, if return shall be awarded, shall deliver unto the plaintiff the beasts, goods and chattels before returned; and the distrainer shall be attached to But if returs come and be at a certain day, at the court in which the plea was warded, the moved, in the presence of the parties; and if the plaintiff make default again, or for another cause, return of the distress be award- 13. Ed. 1. ed, being now twice replevied, the distress shall remain irreple- Gilb.Repl. 66, viable. But if a distress be taken of anew, and for a new cause, the process aforesaid shall be observed in the same new distress. VI. And whereas frequent abuses have been committed in the property, if execution of writs of replevin, by sheriffs making deliverance, sheriff makes notwithstanding due notice and claim of property have been in-fore it is tried, terposed by the defendant or possessor; For the more effectual 100/. besides prevention whereof, Be it further enacted by the authority afore- being answersaid, That if at any time hereafter, on a writ or plaint of replev- trespass. in, the defendant in replevin, or possessor, shall claim property in the thing whereof deliverance is sought, and the sheriff, either by 98 96. ct 04. himself, his under sheriff, or bailiff, having due notice, shall nev- V. S. v. 2. ertheless proceed to make deliverance, and dispossess such de- 561, fendant thereof, before the claim of property shall be enquired into, or tried according to law; such sheriff, for every such offence, shall, besides being answerable to the defendant for the trespass, forfeit the sum of one hundred pounds, to be recovered by any person who shall sue for the same, in any court of record, by action of debt, bill, plaint or information; the one moiety thereof to the use of the person who shall sue for the same, and the other moiety thereof to the use of the people of this state. he forfeits able for the Gilb. Repl. Beasts distrained, not out of the c. 12. ed in different VII. And be it further enacted by the authority aforesaid, That no distress of beasts shall be driven out of the town, manor, diɛ- to be driven trict or precinct, where such distress is or shall be taken, except county. that it be to a poundovert, within the same county, not above 2. Ph.&M. three miles distant from the place where the said distress shall be taken; and that no beasts, or goods or chattels, distrained or ta- Nor impoundken by way of distress, for any cause whatsoever at one time, shall places, be impounded in several places, whereby the owner or owners of such distress, shall be constrained to sue several replevins for the delivery of the said distress, so taken at one time, upon pain that every person offending therein, shall for every such offence, forfeit under penalto the party grieved, ten pounds, and treble damages; to be re-ty of 11. and covered in any court of record, by action of debt, bill, plaint or in- ges. formation. VIII. And be it further enacted by the authority aforesaid, That In replevin af every sheriff shall, in every replevin of a distress for rent, take in rent, the his own name, from the plaintiff and two sureties, a bond in dou- sheriff to take ble the value of the beasts, or goods or chattels distrained (such plaintiff, with value to be ascertained by the oath of one or more witnesses not double the interested, and which oath such sheriff is hereby authorised to value of the administer) and conditioned for prosecuting the suit with effect, secute a d and without delay, and for returning the beasts, or goods and award d treble dama. distress for a bond of sureties in goods, to pro make return, 11 Geo.2.c.19. chattels, in case a return shall be awarded, before any deliver17 Car. 2.c.7. ance be made of the distress; and the sheriff shall, at the request and costs of the defendant, avowant, or person making cognizance, assign such bond to the defendant, avowant, or person Such bond to making cognizance, by endorsing the same, and attesting it under be assigned to his hand, in the presence of two witnesses; and if the bond be forfeited the defendant, avowant, or person making cognizance, may bring an action thereupon, in his or her own name; and the court may, by rule, give such relief to the parties upon such bond, as shall be agreeable to justice; and such rule shall have the na the defendant, who may bring an ac. tion thereon in his own name. 11 Geo.2.c.19. ture and effect of a defeazance to such bond. §. 23. An avowry by the lord upon the Jand holden IX. And be it further enacted by the authority aforesaid, That wheresoever any lands, tenements or hereditaments, are or shall may be made be held by any person or persons, by rents, customs or services, if the person of whom any such lands, tenements or hereditaof him with- ments, are or shall be held, shall distrain upon the same lands or tenements, for any such rents, customs or services, and replevin thereof be sued, the person of whom the same lands, tenements or 7. H. 8. c. 4. hereditaments, are or shall be so holden, may avow, or his or her 21. H. 8.c. 19. bailiff, or servant, make cognizance or justify for taking the said` 11.Geo.2.c. 19. distress, upon the same lands, tenements or hereditaments, so out naming his tenant; 4.2. §. 22. And in like manner on writs of se cond deliver ance. Plaintiffs and replevin, or in writs of second deliverance, to have like pleas and aid prayers as at 13 Ed. 1. c. 2. nd like Founder in aid holden as in lands or tenements within his or her fee, alleging in the said avowry, cognizance and justification, the same lands and tenements, to be holden of him or her, without naming any person certain to be tenant of the same, and without making any avowry, cognizance or justification upon any certain person. And that the distrainer, or his or her bailiff or servant, may make avowry, cognizance or justification, in like manner and form, upon every writ of second deliverance. X. And be it further enacted by the authority aforesaid, That the defendants in plaintiffs and defendants in all writs or plaints of replevin, or writs of second deliverance, and in every of them, shall and may have like pleas, and like aid-prayers in all such avowries, cognizances and justifications (pleas of disclaimer only excepted) as they might have had before the making of this act, and as though common law; the said avowry, cognizance or justification, had been made after the due order of the common law; and that all such persons, as by the common law, may lawfully join to the plaintiffs or defendants in the said writs or plaints of replevin, or second deliverance, as well without process as by process, shall or may, from henceforth, join unto the said plaintiffs or defendants, as well without process as by process, and have like pleas, and like advantages in all things (pleas of disclaimer only excepted) as they might have done by the order of the common law, before the making of this act. XI. And be it further enacted by the authority aforesaid, That plaintiff in whensoever any plaintiff in replevin shall be non-suit, before issue joined in any suit of replevin, by plaint or writ lawfully returned, removed or depending in any court of record, the defendant, if the distress was made for rent, making a suggestion in make avowry, nature of an avowry or cognizance for such rent, to ascertain for rent, and the court of the cause of distress, the court, upon his or her pray have a writ of er, instead of awarding a return of the distress, shall award a replevin is nomsnit beCore issue joined, the deTendant may if distress was enquiry. 7. Car. 2 c.7. writ to the sheriff of the county where the distress was taken, to |