Edwardsville spectator. [volume] (Edwardsville, Ill.) 1819-1826, 1819-06-12

where Judgment shall be given against
the plaintiff or defendant under this act,
the justice who give such judgment shall
grant execution thereupon, returnable
to such justice within twenty days,
thereafter, commanding the constable to
make the debt or damages and costs, of
the goods, and chattels of the party, and
for want of sufficient goods and chattes
wherein to levy and make the same, to
take the body of such party, and him or
her convey to the common Jail of the
county; and the sheriff or keeper Of
such jail is hereby required to receive
the person or persons SO taken in execu-
ton, and him, her or them safely keep
until the sum recovered, and the costs of
suit, shall be fully paid, and in deiadit of
such safe keeping, the said sheriff shall
be answerable to the party aggrievcd,
who shall have the same remedy against
him as is provided by law in cases ofes-
capes.-But in case the constable cam
not find goods and chattels belonging to
the party, against whom such execution
hath issued, sufficient to satisfy the judy
ment, it shall and may be lawful for the
party in whose favor such judgment hath
been rendered, to apply to the justice
for transcript thereof, whose duty it
shall be to grant the same, which being
filed in the office of the clerk of the cir
cult court in the county in which the re-
coyery hath been had; execution may is
sue thereon according to the rules and
practice Of the said court; and the
amount of the said judgment, together
with the costs of such removal, may be
levied on the lands and tcnements OF the
party against whom the same hath been
rendered: ProUjded Arrays, That no
execution shall issue from the circuit
court in manner aforesaid, after the par
| ty hath been taken in execution, and
committed to Jail, until he or she shall
be discharged from imprisonment under
such execution: ind hroUided also,
That when a judgment shall be obtained
| against executors or administrators, exc
cution shall issue thereon in the same
manner as is issued against them in the
courts of record within this state: Pro
uided also, That when Judgment shall
be rendered as aforesaid, against free
holder, no execution shall issue thereon
until the expiration of thirty days, if the
Judgment be for the sum Of six dollars
and under, or until the expiration of six
ty days for any sum over six dollars and
under eighteen dollars, nor until the ex-
piration Of ninety days, if the Judgment
be for the sum Of or above eighteen and
not exceeding SO dollars, nor until the
expiration Of 100 and twenty days if the
Judgment be for the sum of thirty dol
lars, and not exceeding sixty dollars, nor
until the expiration OF 100 and fifty days
where the Judgment is for the sum of
sixty dollars and upwards from the time
of rendering such judgment, unless the
party in whose favor such judgment hath
been rendered, shall make it appear on
oath or affirmation, to the satisfaction of
the Justice, that he or she, is in danger
of losing his or her debt, or damages, if
such delay of execution be allowed, in
which case the said Justice shall issue
! execution forthwith, as Is herein above
provided, unless the party against whom
| execution is moved for shall immedi-
ately give good and sufficient security to
the adverse party, for the payment OF the
| debt or damages and costs, within the
space of thirty, sixty, ninety days, or up
wards as the case may be: Provided
also, That if judgment shall be given as
aforesaid, against person who is not a
freeholder, such person shall have the
execution against him or her respited for
the like term of thirty, sixty or ninety
days, as the case may be, by entering
into rccognizance to the adverse party
with one sufficient security, in the nature
of special bail, conditioned to deliver
the body of the said party, to the sheriff
of the county, at or before the expiration
of the time SO to be allowed, or 10 satisfy
the amount of Judgment.
Sec. IL. lie u,Jurther enacted, That
if any defendant who is net freebooter
shall appear at the return OF the warrant,
or shall appear by consent without pro-
cess, and procure good and sufficient
freebooter, resident in the county, to
Join with him or her, in confession of
Judgment to the adverse party, with
costs, then such defendant shall be en-
titled to all the benefits and privileges
which any freeholder is entitled 10 by
virtue ofthis act.
Sec. l2. Be it further enacted, That
it shall be the duty OF the justice to make
up and tax bill of costs, in every action
instituted before him, according to the
provisions Of the Law, aceltaining the fees