Edwardsville spectator. [volume] (Edwardsville, Ill.) 1819-1826, 1823-03-29
LAW OF ILLINOIS.
MATILDA.
AN ACT concerning Judgments and Execu-
tons.


tons.
BE ii enacted by the People ofthe State Of Ia
iasis, represented in the General .fssemb(y, That
all and singular the lands, tenement, and real
and personal estate of every person against
whom any Judgment shall have been obtained,
Or shall hereafter be obtained in any court OF
record, for any debt, damages, costs, or other
sum ofmoney, shall be subject to be sold, upon
execution to be issued upon such Judg-
ment, and the said Judgment shall be lien
upon such lands, tenement and real estate from
the date of the rendition thereof and the said
personal estate shall be bound from the time
of delivering the first execution to the sheriff,
under sheriff, coroner. and other officer to be
executed and the sheriff, under sheriff, coro-
nee, and other officers their deputies or agents,
shall, upon the receipt of every such writ, en-
Iorse upon the back thereof, the day of the
menth and wear when he or they received the
same and ifthe sheriff, under sheriff, coroner,
or other officers, shall fail TO make such en-
dorsement, he or they shall forfeit and pay the
sum of one hundred dollars, for every such
such neglect of his or their duty, by an action
of debt, indictment or prescntment the one
half to go to the informer, and the other halt
to the county; and he shall moreover be liable
to the party injured, for all damages which he
may sustain lnereDy.
Sec .. BE it further enacted, That in all exc
cutions hereafter 10 be issued on any judgment
obtained upon contracts, it shall be lawful to
collect the interest from the date of the judg-
ment until paid.
Sec 3. Beit further enacted, That whenever
writ of, teri tacias, issuing out ofthe supreme
court, or any circuit court within this state,
shall be levied on the real or personal estate
OF any person or persons, or on both the real
and personal estate, it shall and may be lawful
for any such person or persons to release the
same, bytendering to the sheriff or other officer,
abond to the plaintiff, with sufficient security, to
pay the amount ofsuch execution, including all
costs, with legal interest on the amount of the
Judgment, from the rendition thereof, within
live months, if the cause of action arose on CT
since the first day of May, one thousand eight
hundred and twenty-one if before that time,
or if the contract was made for paper of the
State Bank of Illinois, or its branches, then to
be replevied agreeably to the 9th section OF
the act entitled sc An act establishing the State
Bank Of Illinois," and on such bond being Civ
81, the said sheriff or other officer, shall re-
store to such person or persons, such personal
or real estate: but where no bond shall be ten
dered by any such person or persons, or by
any person for him or them, the sheriff or
other officer shall proceed to sell such person
al or real estate, or both, so levied upon as
aforesaid, in the manner hereinafter prescrib.
ed.
Sec. 4. BE ii further enacted, That every bond
so taken in pursuance of this act, shall have
the force and effect of a judgment, and such
sheriff or other officer taking the same, shall
return the same to the Office from which exc.
cution issued, within twenty days thereafter
And if the amount of the said bond shall not
be paid agreebly to the condition thereof, il
shall and ma, e lawful for the person OF
persons in whose favor the execution issued
his, her or their executors or administrators
at any time thereafter, to sue out of the clerks
Office of the said court, his, her, or their exc.
eution against the real or personal estate of the
said defendants or obligors in such bond, then
executors and administrators and the clerk
issuing such execution shall endorse on the
back thereof that no security of any kind j.
to be taken or replevin allowed.
Sec. S. BE ii. further enacted, That where any
writ or execution shall hereafter issue Out
of any court of record within this state, against
the property of any person or persons, the
sheriff or other officer shall take in execution
all orsuch part orparts ofthe real orpersona es
tate, or both fsuch person or persons, as he OF
she shall designate to the sheriff or other off
Ger, and as will in the opinion of the sheriff
or other officer, be sufficient to satisfy the
amount of the said execution and costs ant
in case the said real and personal estate SO de
signated, will not, in the opinion of the she
riff other officer, BE- sufficient to satisfy the
said execution and costs, then the sheriff OF
other officer shall, in such case. levy on anf
seize SO much OF such person or persons rea