52Manner of proceeding where tenant of land distrained upon is absent from the State

52 Manner of proceeding where tenant of land distrained upon is absent from the State

In case any distress shall be levied upon any land or tenements the tenant whereof shall, at the time of such distress being levied, be absent from this State, then it shall be lawful for the sheriff or his deputy or any such registrar as aforesaid to grant a replevin and make deliverance of the goods and chattels distrained to the agent or attorney of such tenant so being absent as aforesaid and to take such bond as aforesaid from such agent or attorney in the name of such agent or attorney and to assign such bond to the avowant or person making cognizance as aforesaid in the manner hereinbefore provided for the taking and assigning replevin bonds, and in case such bond shall be forfeited the avowant or person making cognizance may bring an action and recover thereupon in his own name in the same manner in all respects as is hereinbefore provided for the prosecution of actions upon replevin bonds, and it shall be lawful for such agent or attorney to commence and prosecute an action of replevin for the taking of any such distress as aforesaid, in which action the plaintiff shall be allowed to plead the same pleas, and upon the trial thereof to give in evidence and have the benefit of all the same matters and things which the tenant himself might have pleaded and given in evidence or had the benefit of if he had been the plaintiff in the same action instead of such attorney or agent, and, for the purposes of this action only, it shall be sufficient in any pleading to describe the goods and chattels distrained as and to be the goods and chattels of the plaintiff as agent or attorney of such tenant, and in all other respects the said action shall be prosecuted and dealt with in such and the same manner as if the action had been commenced and prosecuted by the tenant himself.