CHAPTER DCXXI.
SECTIONS 52, 53, 54, 55, and 56, of Chapter 120 of the Revised Code, as amended.
SECTION 52. Upon affidavit made by a landlord or any credible person for him, and filed in the office of the prothonotary, or any justice of the peace, of the county wherein the demised premises are situated, stating the rent which his tenant is to pay, or 'render, and when it will be due, and that ho does on good grounds believe that the tenant intends to remove his effects from the' bounty, or otherwise dispose of the same, and will so remove or dispose of the same before the rent becomes due, so as to defeat a distress for said rent, a writ of attachment shall be issued out of said superior court, returnable to the next term thereof, directed to the sheriff of the county, or out of the office of any justice of the peace of the county, directed to any constable thereof, returnable forthwith, against the goods and chattels, rights and credits of such tenant and for summoning the garnishees.
Sec. 53. If the tenant shall give to the landlord bond with sufficient surety, to be approved by the officer serving the writ, before the return thereof, or by the court at the term of the return, or by the justice of the Peace, the same shall be returned to his office, to pay the rent when due, with the cost of the attachment, the goods and garnishes shall discharged.
Sec. 54. If bond, as required by the foregoing section, be not given, the court or justice of the peace shall make an order for the sale of the goods and chattels attached, or so much thereof as shall be necessary to pay said rent with the costs, and shall render : judgment against every garnishee, summoned upon the attachment, on his answer confessing goods, money, rights, or credits in his hands, or upon the verdict or a, jury against him, it required to plead, as in other proceedings by attachment.
SEC. 55 If the tenant deny the demand of rent, the court, or the justice of the peace, whether he have given bond as aforesaid or not, shall direct an issue to be tried by a jury at the bar of the court, or by a reference to three judicious and impartial citizens before the justice of the peace, one of whom shall be chosen by the justice aforesaid, and the other two, one each, by the plaintiff and defendant, for ascertaining whether there be a just demand of rent and the amount thereof. The verdict upon such issue, unless set aside by the court, or justice of the peace, shall be conclusive.
SEC.56. In, respect to costs and teaching the premises generally, the court or justice of the peace, may exercise equitable powers; and if it shall consider that there was not sufficient ground for the attachment, the landlord shall pay the costs.