Section 5. If the court finds that the beasts were lawfully taken or distrained, the defendant shall have judgment for the amount found to be due from the plaintiff for the penalty or forfeiture or for the damages for which the beasts were impounded, with the legal fees, costs, charges and expenses incurred by reason of the distress, and with the costs of the action of replevin; or, instead thereof, the court may render a judgment for a return of the beasts, to be held by the defendant irrepleviable by the plaintiff, and for the damages for the taking of the beasts by the replevin and for the defendant's costs. If so returned, the beasts shall be held and disposed of as if they had not been replevied.
Structure Massachusetts General Laws
Part III - Courts, Judicial Officers and Proceedings in Civil Cases
Title IV - Certain Writs and Proceedings in Special Cases
Section 1 - Distrained or Impounded Beasts
Section 3 - Amount of Bond; Appraisal of Property
Section 5 - Judgment for Defendant
Section 6 - Judgment for Plaintiff
Section 7 - Goods Unlawfully Taken, Detained or Attached
Section 8 - Bond; Amount; Appraisal of Goods
Section 9 - Judgment for Defendant
Section 10 - Damages; Assessment; Rate
Section 11 - Money Recovered by Officer After Replevin of Goods Attached, etc.; Disposition
Section 12 - Application of Amounts Received by Creditor
Section 13 - Judgment for Plaintiff
Section 14 - Sureties on Bond; Approval
Section 15 - Approval of Sureties; Proceedings
Section 17 - Defects in Bond; Dismissal of Action
Section 18 - Actions Against Sureties; Serving and Entering Writ; Limitations
Section 19 - Damages; Assessment
Section 20 - Judgment for Return of Goods Attached