Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1841-04-13

Dy giving ten days nOtlce 10 the person OF
persons interested in any such judgment,
his, her or their agents or attorney, OF such
intention, apply to the clerk Of the district
court in the county where the original jrdg-
ment was rendered, and such clerk shall
appoint one dsnterested freeh0lder OF his
county, and each of the parties shall APP
point one; but if either or both neglect 50
to do, the clerk shall appoint two or three,
as the case may require, who shall take an
oath before said CLERK. faithfully and impair
TALLY to perform the duties assiged them,
and 10 make true valuation and correct and
due return: and such commissioners, SO
sworn and qualified shall make true val
uation Of all the real estate on which any
such lien has been effected, Ca correct
schedule Of which real estate with its To-
calty, must be in writing given to such
commissioners the commissioners, alter
they shall have valued such rea! estate,
shall then procure the aggregate amount
on all Judgments that have become liens
on such real estate in their county, and
shall set aside sufficient real estate, Gesig-
mating it by tracts, at one hall Of It's APP
praised value, as will be sufficient to pay
and discharge the aggregate amount OF all
such Judgment; and the said commission
ers shall in writing under their hands, make
a full return OF their acts to the clerk who
appointed them; and such clerk shall enter
the same in book by him % lie kept for
that purpose, and preserve the original
among the files Of his office. After such rca,
estate shall be SO set apart no license shall
ind bnr p1r ri orr No ~ n
the remaining real estate of the judgment
debtor.
SEC. 2. For the benefit Of purchasers
and others, the clerks Of the district courts
of this Territory shall keep book, in
which, during every term OF such courts,
or within thirty days thereafter, he shall
docket all judgments rendered. at such
term for any sum of money, in alphabet
lea. order, by the surname Of the party
against whom such judgment may have
been rendered, and shall enter therein the
parties 10 such judgment, both plaintiffs
and defendants, the date of the rendition Of
such judgments, and the amount of debt,
damages and cost thereby recovered; and
such docketiug shall be matter OF record,
and open to the inspection of all persons at
reasonable times; and if such clerk shall
neglect the duty aforesaid, the party inju
red shall have right to recover Of such
clerk and surctcs double damages, by ac-
ton on the official bond of such clerk,
Sec. 3. All moneys collected on execu-
ton on any judgment, or al! moneys paid
on any judgment rendered in any court of
record, without execution, shall be paid
over TO the attorney of the party, who is
the beneficiary owner of said Judgment, or
to said party, Of which his, her, or their
attorney shall have notice. It shall then be
the duty Of such attorney 10 enter up in
the name Of his principal, full satisfaction
on the judgment docket where such jUdg
ment is entered, opposite the entry of such
Judgment in place by the clerk to be re
served for that purpose; the entry Of such
satisfaction shall be for the full amount Of
such Judgment, interest, and costs, and
shall be SO entered within sixty days from
the time such attorney shall have notice
that such judgment is satisfied, under the
penalty of a contempt of court
SEC. 4. No judgment shall be a lien on
or bind real estate, after the lapse Of ten
years from and after the date of the rendi-
ton thereof, unless the same be renewed
and revived by scire facias against the
Judgment debtor, his heirs and assigns, or
devisecs, or tcrre tenants; but any time or
restraint upon the Judgment creditor, by
the order or decree Of a court Of record. or
by agreement between plaintiff and defend
ant, entered Of record, prohibiting execution
from issuing upon such judgment, shall
not be computed as part Of the time afore-
said.
SRC. 3. When a writ of error shall be
prosecuted from any judgment of the dis
trict court TO the supreme court, it shall not
affect the lien; but tho lien shall continue
and bind the real estate of the person or
persons against whom such judgment is
rendered, the same as if said error had me-
yer been prosecuted, unless such judgment
shall be reversed by the supreme court;
and the plaintiff in error on the trial anew
shall be the successful and pre- vailing party.
SEC. 6. All lions on real estate, obtained
under the first section Of this act, shall op-
crate TO bind and DO a charge upon the
real estate and chattels real Of any person
or persons against whom such judgment
may be rendered, acquired after the rendi-
ton Of such judgment.
SEC. 7. Real estate sold under execu-
ton, or any distinct part or parcel, may
be redeemed within two years from the date
OF the sale Of the same, and the possession
of the real estate AMI chattels real of the
Judgment debtor until the expiration of the
time for redceming the same.
SEC. s. The terms and manner Of re-
deemlng real estate shall be by the pay
ment to the purchaser, his personal Rep