78

LANDLORD AND TENANT. [ART. 53.

should not be discharged from the levy, and said war-
rant shall be returnable in not less than five days ; find
if an earlier day shall have been fixed for the sale of
the property so levied upon, the justice shall make an
order on the warrant requiring a postponement of the
same until after the return day ; and upon hearing the
parties, or such of them as may attend after being
summoned, he shall order the property to be delivered
to the claimants, or the person from whom it was
taken, or shall dismiss the summons, as may seem
most proper, and may give such judgment for costs
as shall seem just, subject, however, to the right of

Security on
appeal

appeal, as now provided by law; and upon appeal
from the judgment of a justice awarding the property
to the claimant, the justice shall require security of
the claimant for the safe keeping and return of the
property, to await the determination of the appeal.

Ibid
Judgment on
appeal

70. Upon appeal from an order or judgment under
the preceding section, the court hearing such appeal
shall give such judgment respecting the property, the
expense of keeping it, and any injury done it as may
appear to be most equitable to all parties.

Approved March 12, 1870.