Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever any goods or chattels shall have been wrongfully distrained, or otherwise wrongfully taken, or shall be wrongfully detained, an action of replevin may be brought for the recovery thereof, by the owner or person entitled to the possession thereof.

Sec. 2. No action of replevin shall be (lie) at the suit of the defendant, in any execution or attachment to recover goods or chattels seized by virtue thereof, unless such goods and chattels are exempted, by law, from such execution or attachment; nor shall an action of replevin lie for such goods and chattels at the suit of any other person, unless he shall, at the time, have a right to reduce into his his[his], her, or their possession, the goods taken.

Sec. 3. The person or persons bringing such action, or some one in his, her or their behalf, shall, before any writ shall issue, make oath or affirmation before the clerk of the circuit court, or any justice of the peace of the proper county, that the plaintiff in such action is the owner of the property described in the writ about to be replevied, or that he is then lawfully entitled to the possession thereof; and that the same has not been taken for any tax, assessment, or fine, levied by virtue of any law of this State; nor seized under any execution or attachment against the goods and chattels of such plaintiff, liable to execution or attachment. This act to take effect and be in force from and after its passage.

Approved, February 12, 1839.