358 JUSTICES OF THE PEACE. [ART. 51.

he shall name in such allegation, and shall verify said allega-
tion by oath, the justice shall take no further cognizance of the
case.

84. Where any judgment rendered by a justice of the peace,
or any supersedeas on such judgment, shall have continued for
more than three years without being satisfied, the same may be
revived by a scire facias, returnable on a certain day not exceed-
ing forty days from the issuing thereof; and scire facias may be
issued by a justice when either of the parties die or marry after
a judgment has been rendered by a justice.

35. Such scire facias may be issued by any justice of the peace
of the county or city where the judgment was rendered, either
on the original judgment or upon an authenticated copy thereof,
and shall be returnable before the justice issuing the same, or
before any other justice who may be named therein.

36. Before issuing a replevin, the justice shall require and take
from the party demanding such writ, a bond to the party holding
the property, with one or more securities, whom the said justice
shall, in his conscience, believe to be worth double the value of
the specific articles of property intended to be replevied; with
condition that if the above bound ———— do and shall well and
truly prosecute the said writ of replevin with effect, and also
shall and will return the goods and chattels aforesaid, if the same
be adjudged, and in all things abide by and perform the judg-
ment of the said justice, or of such other justice of the peace in
and for the said county as shall decide in the premises, then the
said obligation to be void, else to be and remain in full force and
virtue in law.

37. The plaintiff suing out a replevin, or any other person on
his behalf, may give the bond required by the preceding section ;
but the securities, in all cases, ought to be ample.

38. If the summons in replevin shall be returned served, and
the defendant shall fail to appear, the justice shall fix a day of
trial, not less than six nor more than fourteen days from the re-
turn day, and shall proceed to try such replevin ex parte on the
day so fixed if the defendant does not appear; or if the summons
is returned non est, the justice shall renew the same, returnable
not less than ten days from the issuing thereof, and if such re-
newed summons be returned non est, the justice shall proceed as