Bloomington herald. [volume] (Bloomington, I. T. [Iowa]) 1840-1849, 1843-03-10

justice shall tlerenpon proceed 10 docket the
cause. making the claimant the plaintiff. and
the execution plaintiff the defendant. aud fix
day for trial. within FIVE days thereafter, Of
wh'ch The parties interested. their agents or
attorneys, shall have three days notice. unless
the same be waived, and speedier trial agreed
to by the said parties, and further proceedings
on such execution shall be suspended until
such claim may be abated or final decision
thereon had.
SIC. ID. A change Of venue may be grant
20. con,lnnances had, new trials awarded.
Judgments and executions and other proceed
i"gs hah IN such cause as in other civil causes
mad before Justices Of the Peace so far as the
rule IN such last mentioned causes are applica-
Ole. except as herein otherwise provided.
SEC. ID. Such Justice shall hear and try
such cause, unless either party should request
a Jury, in which case Jury shall be summon
ed as in other cases before Justices Of the
Peace, to try such cause and give verdict,
on which Judgment shall ba rendered as in
other cases, so far as applicable.
SEC. Is. II the judgment is in favor of the
claimant the property in dispute shall be de-
livered to him, and the execution plaintiff shall
pay the costs. If it is against the claiman,
the costs shall be paid by such claimant. and
the judgment shall justify the officer in selling
the property.
Sec. Is. An appeal may be taken from the
Judgement Of the Justice in any such cause
wthir ten days from the rendition thereof, and
not after, under the same rules and provisions
thai obtain in other cases before Justices of
the Peace.
SEC. II. No claim in,erposed by one or
more partners for their individual interest in
any personal property so levied on, shall pre-
vent the sale under execution of the undivided
interest therein belonging 10 an execution de-
fcndent or defendants.
SEC. Is. Personal property taken By virtue
OF writ of attachment may be claimed, and
such further proceedings thereon had as is
herein provided in cases Of personal property
taken in execution: Provided, That nothing
herein shall be construed tc prevent the claim
ant Of property taken as aforesaid, from seek
ing his remedy in an action Of replevin, deti-
nue., 'respass 81 trover; and. provided further,
That no officer shall be liable TO any prosecu-
ton for taking any goods in execution in the
possessioe Of the defendant, unless notified or
informed Of the ownership thereof. previous
TO the sale Of scci goods under execution.
SEC. 10. That the clerks Of the district
court may upon request issue executions d.
rec,ed to the proper officer Of any county with
in this Territory, whose duty it shall be to obey
and execute sh~ ee,~c, ard u,ehc duo
thereof TO the officer issuing the same, accor-
ding TO the provisions of this act, and when
ever an execution shall be issued in any coun-
~ in this Territory, or from the Supreme
Court, directed TO the Sheriff or Coroner Of
any other county, it shall he lawful for such
Sheriff or Coroner, having received such exc
cu,ion, and discharged all the duties required
therein by law, TO enclose such execution and
forward the same by mail to the clerk Of the
court who issued the same; and on proof be-
ing made by such Sheriff or Coroner that such
execution was mailed reasonable and sufh-
cient time to reach the Office from whence it
was issued, within the time prescribed by law,
such officer shall no, be liable TO any amerce-
ment or penalty for the failure Of the safe ar
rival of such execution, anything in this act to
the contrary Notwithstanding: Provided, That
no Sheriff or Coroner shall send by mail any
money made on such execution, unless he be
specially instructed so to do by the plaintiff or
his agent.
SEC. 90. That when any personal estate
may be taken on execution by virtue Of the
provisions of this act, the officer taking the
same may release such property. by the de-
defendant or defendants entering into bond
with sufficurity in double the amount Of the
value of such property, conditioned for the de.
livery Of such property at such time and place
as may named in such bond TO such officer, to
be sold according to law; which bond shall
be by such officer returned into the Office from
whence the execution by virtue Of which such
properly may have been taken issued, and
such bond shall be valid in law, and an action
NAV be had thereon whenever the conditions
I. k,v hos, violafod and IN
ery being had thereon, the amount due an such
execution shall be assessed in favor Of the
plaintiff: Provided, That the surety shall in
no case be liable for greater amount than the
value Of the property so bonded, and on the
indictment obtained on such bond there shall be
no STAY of execution, and no delivery bond
shall be taken by the officer executing the
same, aud provided. also, the officer shall De
liable 10 the plaintiff for the value OF the pro.
| per,v so delivered, unless such officer shall
make il appear to the satisfaction OF the court
| that said bill was good at the time OF taxing
| the same.
| SEC. 81. That any persons against whom
anv Indictment NAV be obtained IN any OF the
dis,r,c, courts Of this Territory may have stay
| &c execn,on thereon as follows: On all sums
! of one hundred dollars and upwards, stay OF
s,y months on all sums less than one hundred
dollars and over Fifty dollars, a stay Of four
months; and all sums Of fifty dollars and I'M
der the same stay that would have been allow
ed had snch Judgment been obtained before a
Justice Of the Peace, by procuring one or more
sufficient securities to en,er on the record Of the
cou:t rendering such judgment. acknowledging
| himself or themselves bail for The payment Of
such Judgment together with the interest and
costs of suit, which recognizance may De en-
tered in open court OF before tho clerk o. soch
court, and the same shall be taken as judgment
confessed against the person Or persons 4. a e,
LnnwIeduinu The same, aud execution shai'