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Judgment rendered against snreties.
Execution enforced against Cureties.
SEC. 80. In all cases of appeal from a justice's court, if the judgment of the justice be affirmed, or if on tria! anew in the district court, the judgment be against the appellant, such judgment shall be rendered against him and his sureties in the undertaking.
Restitution of amount elected
SEC. 81. If upon an execution being issued upon such judgment, the principal shall not pay such execution, and the officer cannot find sufficient property of said principal to satisfy the same, such execution shall be enforced against the sureties, and the officer shall specify on his return, by whom the money was paid, and the time thereof.
SEC. 82. After the return of an execution satisfied in whole or in part out of the security, such security shall be entitled to a judgment on motion against the principal for the amount so paid by him, together with interest at twelve per cent. per annum from the time of payment; such motion must be made within one year after the return day of the execution, and the return of the officer shall be evidence upon the hearing of such motion of the facts therein stated.
SEC. 83. If a judgment rendered before a justice be collected, and afterwards be reversed by the court above, the court shall award restitution of the amount collected, with interest from the time of collection, and execution may issue therefor.
Execution to inre within five Jard
SEC. 84. Execution for the enforcement of a judgment before a justice of the peace (except where it has been taken to the district court on appeal, or during the time it may be stayed, as provided by this act), may issue by the justice before whom the judgment was rendered, or by his successor in office, on the application of the party entitled thereto, at any time within five years of entry of the judgment, or the date of the last execution issued thereon.
SEC. 85. The execution must be directed to any constable of the county, and subscribed by the justice by whom
the judgment was rendered, or by his successor in office, and must bear date the day of its delivery to the officer to be what to contain. executed. It must intelligibly refer to the judgment, by stating the names of the parties, and the name of the justice before whom, and of the, county where, and the time when it was rendered, the amount of the judgment, and, if less than the whole is due, the true amount thereon. It must require the constable substantially as follows:
First, It must direct the officer to collect the amount of the judgment out of the personal property of the debtor, and pay the same to the party entitled thereto.
Second, If it be a case where any of the judgment debtors are certified on the docket as surety, it shall command that the money be made of the personal property of the principal debtor, and for want thereof, of the personal property of the surety. In such cases the personal property of the principal subject to execution within the jurisdiction. shall be exhausted, before any property of the bail shall be taken in execution.
Third, It must in all cases direct the officer to make return of the execution and the certificate thereon, showing the manner in which he has executed the same, in thirty days from the time of his receipt thereof.
SEC. 85. Before any execution shall be delivered, the justice shall state in his docket, and also on the back of his execution, the amount of the debt or damages and costs separately, and the officer receiving such execution shall indorse thereon the time of the reception of the same.
SEC. 87. If any execation be not satisfied, it may, at the request of the plaintiff, be renewed from time to time, by Execution not the justice issuing the same, by an indorsement thereon to that effect, signed by him, and dated when the same shall be made; if any part of such execution has been satisfied, the indorsement of renewal shall express the sum due on the execution; every such indorsement shall continue the exeution in full force, in all respects for thirty days, and no
Officer to give receipt.
Judgment against bail.
Execution Against jojut debtors,
Sureties may be sued.
longer. An entry of such renewal shall be made in the docket of the justice.
SEC. 88. If there be no property found, or if the goods and chattels levied on are not sufficient to satisfy such execu tion, the officer shall, upon tho demand of the plaintiff, summon in writing as garnishees, such persons as may be named to him by the plaintiff or his agent, to appear before the justice on the return day of the execution, to answer such interrogatories as may be put to them, touching their liabilities as garnishees; and like proceedings shall be had thereon before the justice to final judgment and execution, as suits instituted by attachment in justice's court.
SEC. 89. The officer who shall hold an execution, shall receive all money tendered to him in payment thereof, and shall indorse the same on the execution, and give the person paying the same a receipt therefor, in which shall be specified on what account the same was paid, if demanded.
SEC. 90. When any judgment shall be obtained against any person who shall have entered himself bail on the docket of any justice of the peace agreeably to the provisions of this act, the original judgment shall remain good and valid in law, for the use of such bail, who at any time thereafter may sue out execution on such judgment against the goods and chattels of the defendant for the use of such bail, which shall be so indorsed by the justice; and such bail shall also be entitled to a transcript of such judgment, for his own. use; which shall have the same force and effect as transcripts in other cases.
SEC. 91. Upon an execution on a judgment against joint debtors, upon one or more of whom the summons was not served, the execution shall contain a direction to collect the amount of the joint property of all the defendants, or the seperate property of the persons upon whom the summons was served, to be specified by name.
SEC. 92. In all cases of surety or bail, the plaintiff may sue such surety upon his undertaking, if the amount thereof shall not be collected upon execution as here! provided.
Stay of Execution.
Stay of execu
SEC. 93. Any person against whom judgment may be rendered under the provisions of this act, except as herein- tion. after otherwise provided, may have stay of execution for the several periods hereinafter mentioned, by entering into an undertaking with the adverse party within ten days after the Undertaking. rendition of such judgment, with good and sufficient surety, being a resident, property or freeholder of the county, as the justice shall approve, conditioned for the payment of the amount of such judgment, interest, and costs, that may accrue; which undertaking shall be entered on the docket of the justice, and be signed by the surety.
SEC. 94. The stay of execution hereby authorized, When to be shall be granted as follows, namely:
First, On any judgment exceeding twenty-five and under fifty dollars, the stay shall be for sixty days.
Second, On any judgment for fifty dollars and up to and including one hundred dollars, the stay shall be for ninety days.
SEC. 95. No stay of execution on judgments rendered No stay of exein the following cases shall be allowed.
ention in certain
First, On judgments rendered against justices of the peace for refusing to pay over money by them collected or received in their official capacity.
Second, On any judgment rendered against a constable for failing to make return, making a false return, or refusing to pay over money collected in his official capacity.
Third, On judgments against bail for the stay of execution.
Fourth, Where judgment is rendered in favor of bail who have been compelled by judgment to pay over money on account of their principal.
Fifth, On judgments obtained by constables on undertakings executed to them for the delivery of property.
SEC. 96. If the execution issued before the undertaking for stay or that required in case of appeal be given, called.
When execu tion to be re
and such undertaking be given afterward and within the time allowed, the justice shall recall the execution.
Proceedings in SEC. 97. When any person who has become bail for
stay of execution shall remove before the expiration of such
SEC. 98. If the judgment debtor shall, within ten days after levying such execution, enter into a further undertaking for the stay of execution, during so much of the first stay as remains then unexpired and shall pay costs of the execution issued against him as aforesaid, it shall be the duty of the justice to take such further undertaking, and recall the execution, and the person who has become surety shall first be proceeded against until it shall appear by the return of the constable that he or she has no goods whereon to levy, before proceedings shall be instituted on the undertaking first given.
Change of Place of Trial.
SEC. 99. If on the return of
process or the change place of of parties in any cause or proceeding, civil or criminal, either party, his agent or attorney, shall make affidavit that the