1822 - Edocs
1822 - Edocs
1822 - Edocs
You also want an ePaper? Increase the reach of your titles
YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.
Surrendering propert}-,<br />
release from<br />
ca. sa.<br />
No execution until<br />
ten days.<br />
Or on oath of par-<br />
tv.<br />
Replevin bond.<br />
Execution<br />
No security taken<br />
Sheriff liable on<br />
motion, with 10<br />
percent damages.<br />
Sheriff may give<br />
the bound*.<br />
iiound><br />
For relief of insolvents.<br />
20.<br />
ponas and proceed to sell at public auction, the goods and<br />
chattels so taken] after ten days previous notice at the<br />
most public places in his County.<br />
S Be it further enacted, That, when any ca. sa. has been<br />
levied upon the person of a debtor, he may release his body<br />
by surrendering property sufficient to satisfy the execution<br />
aforesaid, and costs.<br />
9. ; Be<br />
it further enacted, That, no execution shall issue<br />
from any clerk's office, until ten days after the adjournment<br />
of the Court, from .vhich it emanates, unless the party,<br />
or his agent or attorney make oath that they believe the<br />
defendant will depart from the Territory, and it shall be<br />
lawful for the defendant to execute a recognizance or replevin<br />
bond, with approved security before the clerk for<br />
the faithful performance of their obligation and true payment<br />
of the sum, interest and costs sixty days thereafter,<br />
which said bond shall be filed by the clerk and have the<br />
force of a judgment, and should the party and his security<br />
fail to pay the money at the end of sixty days it shall be<br />
the duty of the clerk to issue an execution against the defendant<br />
and his security, and deliver the same to the sheriff<br />
of his county or other officer, and if the party against<br />
whom such writs of execution may issue, choose at the expiration<br />
of ten days, he may execute a recognizance or replevin<br />
bond, with approved security before the sheriff,<br />
which shall have the same force and effect as aforesaid,<br />
and shall be returned to the clerk's office, and another issued<br />
thereon at the expiration of sixty days as aforesaid,<br />
upon all executions issuing upon replevin bonds the clerk<br />
shall endorse " no security to be taken."<br />
10. Be it further enacted, That if any sheriff or other<br />
officer shall fail or refuse to pay over any money collected<br />
by him, to the plaintiff or his attorney, he shall be liable<br />
to pay the same and a penalty often per cent damages to<br />
be recovered by motion, by giving ten days notice to said<br />
sheriff or other officer before the next court from which<br />
it issued.<br />
1 1. Be it.further enacted, That if any person or persons<br />
taken, or charged in execution shall enter into bond with<br />
good and sufficient security, under reasonable penalty,<br />
upon condition he or they shall not depart or go out of the<br />
rules or bounds of the prison to which he or they shall be<br />
committed, it shall be lawful for the sheriff to permit him<br />
or them to go out of the prison prescribed by law.<br />
12. Be it further enacted, That the prison rules or<br />
bounds shall extend to the limits of any city or town within<br />
this Territory in which the prisoner may be confined.<br />
13. Be it further enacted, (For the relief of insolvent<br />
debtors, taken upon original mesne or final process, and<br />
to prevent long imprisonment of uniortunate people,-