Iowa territorial gazette and advertiser. [volume] (Burlington, Iowa Territory [Iowa]) 1840-1846, 1843-02-25

p'0PCStyS CSuuIttODeO lot tue Ootlvefy OF
the same q, such time and place NJ ma Y
be named in such bond to such officer, ia
b. sold according to law; which bond
shall bc by such officer returned into the
office from whence the execution by vir.
tue Of which such property may have
been taken issued, and such bond shull
no valid in law, and an action NAV be
had thereon whenever the conditions
thereof may be violated, and on recovery
bein- had thereon, the amount due on
such execution shall be- assessed in favor
"l the plaintiff: Provided, That the So.
rity shalt IN no case bs. liable for grea
ter amount Than the value Of the properly
SO bonded, aud Oh the judgment Obtained
on such bond. therc shall be no stnv of
execution, and M delivery Lond shall be
tuken by. the officer executing the same.
and Fr0r'ded. also. the officer shall be Ii
able 10 the pIuintiff for the value OF The
property SO delivered. unless such officer
shall make il appear I" tho satisfaction vi
the court that sad bail was good q, ;le
tine Of taking tn. same.
SEC. e. that any person against
whom any Judgment may bs ob,nined in
any "t the district c0urls ui this ,rerritny
may hive stay Of exc, u,inn thereon ~
follows: On I'LL sums III "ne hundred dol.
'ars and upwards. stav Of SIX months !;
on all sums less than one hund red dollars
aud over fifty dollars, . stay OF four
months; aud al! sums Of fifty dollars and
under The same stay ,ha. wound have ben
allowe. had such judgment been obtained
t'el"re Justice vi ti,. Peace. by prucur
my ono or m'ors sufficient securities to
cutter on the ord oi To-. court render.
ing such judg ,ncnt, uknowledp ing himself.
or themselves bail Tor the payncn, Of
suci, judgnent together with the int. rest
aud costs vi suit, which recugn,zance
may bc entered III open court or. be,o,e
the clerk VI such cuurt, aud the same
shalt I've taken Us Judgment confessed
against ths person Or persons acknow.
Lodging the same, and execution shall
Issue Us we'll against the principal ~ sc.
curity or securil.cs Proridrd. Tia, any
perso" VIII" stays any Judgments shall No,
be entitled to .h,: benefit III the apprais-
trent law as provided Tor in this act.
SEc. %. That when execution OF any
KIND M.y issue upon any Judgment upon
w"'c'' ~ stay vi execution may hav.
Teen taken under The provisions Of the
Twelfth. section OF this act. the officer
issuing tie sull,e shalt endorse. thereon
that tue sa..s IL replcviab!e, aud also the
date Vi tie fe"J!ll'n Ut such Judgment;
a'It the person ar persons against whom
such executes. may have t.rn issued may
reptosy ti's' SANE: tor the space vi time
specified ia :he <ald thiftee,,ll. section o!'
titus aci irO.n ani alter the date vi the
rendition III such Judgment, as the same
may b. endorsed Oh such execution as
aforesaid, by rendering to the officer uav.
ing such execution in his hands . bond
with que or more go.d securities, nu IL
payable TO tbs plaintiff, in q penalty Al,
least double the amour, demanded BY
such execution, aud conditioned tor the
tut. pa. nasul VI the au,oun, demanded by
such execution. together with interest aud
costs VI SUIT 10 lne end oi' such stay
which bond shalt be returned by the
officer returning the execution as part
VI hts dol"gs lhereon to the officer who
issued SUCH execui,un, and such Luud shall:
w taken NJ judsmen. co:.ius- ed ag..i.ls,
the person " pers,us who executed the
same, AMI against their estates. and exc
culi.'' l,ay issue l!,e.on accordingly.
SEC. g. That upon Judgments obtain
cd against any Jasi.ce gu the peace, clerk,
sheriff, :urUner, county treasurer, cuan,y
agent, ..usles .; the county. acauemv or
seminary fund. collector VI tho revenue
Or attorney al law. u their securities, Tor
tnuil,es ny them collected or received IN
trust tof others by virtue ol their office,
against any individual or individuals.
cua, ,,aDy or co, t'o, alton, Tor ,nony dep,.
s.tsd with him or them. 40 stay or ~
plevy Ut execution shall b. allowed !;
und Oh sAecu:,o',s ,ssuing OH such j.ug.
meats, the court rendering the same shall
order an endorsement III ba made; tina,
such judgement u not rep'evnbIe, aid
suci' cos.,s shall also order that no stay
III execution shall he allowed, nor the.
benefit al the provisions Vi this uct which.
re4u,rs:s proper ~ sslt tor two thirds VI
It's appraised s.,ue; aud executions is.
SUNG VI, suc,, Judgements shalt bc rrturnn.
be Ia sixty Guy from the date thereof
SEC ~. hat reptevy bol,ds, aud
bonds Tor the delivery ., property taken
un execution, slla l, when returned III the
officer who issued such execution, bc en-
tered on the judgn,enl dvckc, ot such 9th
cer.
SEC. 25 That no real estate Of any
,estatur ur .nleslals shall bo subject Ia
execution upon any J'dgmen, asa,ns, tn.
executor or administrators ot such tesla,vs
Or in.estale, u.t.l the devlsees ot sucl,
ieslator uud the lerrs tenants al su. II zeal
estate Oe frsl made parties 10 such iu,'g
n.snt ia the toIlowing n,a.,ner, to WI:
Where any judi nent Shall he ob,ni.,ed
against any cxecu.Or Or administrator.
lo 6s tevled III the goods aud chu,tels III
the deceased. aud execution issued there.
ON shall telllaln uA.ultstieu III whu.e or il,
past Tor want u personal estate. and
there u real estate ~ tins Territory, il
shal bs lawful toe the pluinliff IN such
judgnent TO lille ia the proper court where
SUCH Judgment il Oblailei. u petition
aSuin>t the executors or nd.,.i.,is, rnlnrs
and heirs und dc. is.ss, il any, ~ Tho Do
ceased setting i1.,i, tine facts VI the iudg
Iaents and IN. want ol persu.la, property,
and lilut there ~ rear estate IN tue carri.
tory Ot Iowa. describing the same. u,id