Replevin

(1) The remedy of replevin under the common law of England shall be available to the owner of goods which have been wrongfully taken under a distress for rent. (2) Where the tenant or owner of the goods distrained desires to replevy them, he shall serve the bailiff with a notice to that effect before sale and at the same time deposit the amount of rent due and twenty-five dollars as security for costs, which shall include the cost of appraisement of the goods if the replevisor desires an appraisement, and shall sign an act of deposit or, in lieu of deposit, enter into a recognisance with at least one sufficient surety to the satisfaction of the magistrate conditioned for the due and effective prosecution of the action, including the payment of the costs, and on concluding the deposit and act of deposit, or recognisance, the bailiff shall restore those of the goods distrained in respect of which a replevin has been made. (3) If the replevisor succeeds in his action, the sum deposited for the amount of rent shall be paid over to him, and the defendant shall pay to the replevisor any costs to which he has been put or which have been awarded to him by judgment of the court. (4) If the defendant succeeds in the action, the court shall find the value of the goods so distrained and judgment shall be given for the amount of that value if it does not exceed the amount of rent for which the distress was made. (5) Where the amount of the value so found exceeds the amount of the rent, judgment shall be given for the amount of the rent, and the replevisor shall, in either case, pay all costs to which the defendant has been put, or such costs as are awarded by the judgment of the court, and the judgment with the costs shall be satisfied out of the sums so deposited, or in case of a recognisance, by estreating it. 27 (6) If any other cause of action shall be joined with an action for replevin, the court may order a separate trial of any other claim which cannot be conveniently tried with the action for replevin.