ART. 75.] PRACTICE—REPLEVIN. 1147

P. G L., (1860,) art. 75, sec. 60. 1825, ch. 65, sec. 2.

109. If the defendant in replevin shall be returned "sum-
moned," and shall not appear in person or by attorney on or
before the fourth day of the term next succeeding that to which
such return shall be made, the court shall, on motion, enter
judgment for the plaintiff for the property replevied, and for
nominal damages and costs; and the same proceedings shall be
had upon the return of two "non ests" as upon a return of
"summoned."

1888, ch. 417.

110. In all actions of replevin where the defendant shall have
been duly summoned and return shall have been made by the
sheriff that either all or some portion of the chattels described in
the writ have been eloigned, the plaintiff, having duly established
his right of possession to all or any portion of the chattels
described in the writ and the illegal detention of the same from
him by the defendant, shall be entitled on verdict to a judgment
for the return of such portion of said chattels as may have been
eloigned, or for their value as found by the verdict, as well as for
any of said chattels actually taken under the writ, together with
damages for the detention of all chattels mentioned in the writ
which the jury shall have found were unlawfully detained from
him by the defendant.

1888, ch. 269.

111. Whenever in replevin or detinue there shall be a judg-
ment in the alternative for the return of chattels, or the payment
of their value, the judgment for the return or delivery of the
goods may be enforced by a writ in the nature of a writ of
capias in withernam, and by attachment of the party or parties
adjudged to return or deliver the same, or either, unless the court,
on good cause shown, shall otherwise order, or unless the party or
parties entitled to such return or deli very shall agree of record
to accept the value of the chattels as ascertained by the judgment
in lieu of such return or delivery; but nothing herein contained
shall prevent the party entitled to such judgment from having
his execution besides for the damages, if any, given for the
detention, and his costs; and every judgment in detinue and
replevin, ond every verdict therein shall ascertain separately the