The Yazoo City Whig and political register. (Yazoo City, Miss.) 1842-1844, 1844-05-03
71aal1s ot Haa fsatssfuuf,
rAssED AZ THE REGULAR SESSION OF Is44.

II
PASSED THE REGULAR SESSION OF Is44.
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AN ACT to amend an act entitled stAn act
! TO regulate the liens Of judgments and de-
crees," approved the sixteenth day Of Fee
bruary, one thousand eight hundred and
forty one, and for other purposes.
! SECTION 1st. Be II enacted by The legisla- i
lure Of The Stale Of Mississippi, That the
CLERKS Of the Circuit Courts OF the several
counties in this State shall each procure and
keep in their several offices, az part of the
records thereof, one or mere well bound
books, appropriately divided under the seve-
raj letters Of the alphabet, in which beck or
books the said several Clerks shall, upon the
application Of any plaintiff or plaintiffs, his,
her or their attorney or attorneys, agent or
agents from time to time, as such applca-
tlOnss may be made, enter alphabetically, the
name or names or each and every defendant
to any judgment or judgments, or decree or
DEGREES, of any Superior, Circuit, District Or
Inferior Court of law or equity holden with
in this State; provided the same is Court
of record; and also thu names of the parties
to any forfeited forthcoming bond; and they
shall also enter the amount of the judgment
or decree, the date of its rendition, or if a
forthcoming bond, the date of its forfeiture.
the county in which such judgment is rem
ldered or bond forfeited, and the day when
he same are SO entered and enrolled as here
in provided for: which beck or books shall be
styled the JUDGMENT Roll of said court.
SEC. Cd. Be II further enacted, That iudg-
menls or decree rendered, and forthcoming
bonds forfeited in any county in this State,
may be enrolled upon an abstract thereof un-
der the provisions of the first section hereof
in the same manner and subject to the same
rules and restrictions as if they had been rem
idaraI fort - ~ in hich thu
application for enrolment is made.
SEC. Sd. Be IL further enacted, That the
several Clerks shall be allowed TO demand
and receive a compensation for the enrol
! ment of any judgment, decree Of forfeited
: forthcoming bond, the following fees TO wit:
: enc dellar when there is but one defendant,
} fifty cents fer each defendant when there
. ARE TWO, and twenty-five cents for each de-
fsndant, when there are three or more.
SEC 4, Be ii. further enGted, That said Clerks
] shall not be required to make said entry and
9 enrolment until the fees thereof as above
provided are paid.
q SEC. 5th. Be it further enacted, That the
said several Clerks shall immediately upon
application as aforesaid, and payment of the
7 fees aforesaid, enter and enrol under the
provisions hereof, and judgment, decree OF
}. forfeited forthcoming bond, as may be requir-
o ed to be enrolled under the provisions Of this
j dOkS 64itl SAal ~ GAbCA anu CulOl tuS Sdtlle
j. according to the priority in which the said
. applications for entry and enrolment shall be
made; and, upon failure SO to do, shall for
!. felt and pay to the party making the applica
!, ton, the sum of FIVE hundred dollars, to bC
= recovered in an action of debt, and besides
e shall be liable in an action upon the case 70
Z all damages occassioaed by such failure Q
n neglect; and shall furthermore be guilty Of
n misdemeanor in office, and upon c0nvictiol
le thereof, shall be subject to imprisonment fe
n. net less than ten, or more than thirty days.
>. SEC. 9th. Be II further enacted, That an
: Judgment or judgments, decree or DEGREES
= that have heretofore been rendered, or ths
= hereafter may be rendered, and any forth
80 coming bond or bonds, heretofore forfeited
ne or that may hereafter be forfeited, shall ceas
Sc to operate as a lien or liens upon aay proper
IN ty of the defendaRt0 or defendants thereto, Q
any obligor in said bond or Bonds, until th
d. same shall be entered on said "JUDGEMEN
as ROLL" and the lien thereof shall be froI
Al such enrolment iRstsad of from the rend
:. ton Of the judgment or decree or foTfeituI
= lefthe bond, as 10 now the case.
Oh SEC. 7th. Be II further enacted, That Oh
IS purchaser or purchasers Of any property sol
ID. at execution sale by the Sheriff OF C0rone
he shall take the same discharged Of all liens
judgments. and DEGREES or forfeited fertl
looming bonds, whether the same be s0ld vi
GU der an execution issued upon the elder
CT Junior judgment, decree, or forfeited fort
cir coming bond.
.all SEC. 9th. Be Il further enacted, That 4
CHI liens Of judgments, DEGREES, and forthcomil
ant bonds shall emily operate in favor Of &
Be- Judgment creditor against the judgme
sir. debtor or debtors, and purchasers frem So
ma Judgment dsbtsr or debtors, and then on
from the day of their enrolment as betWe
them.
elf, SIC. 9th. BE II further enacted, That af
up sale Of any property BY the Sheriff Of Co
and lner, on execution, before the money i pi
g. lover BY him, he shall examine the ''Juf
to- ment Roll, to ascertain If there be any
mn der Judgment OF judgments, decree o.
r.- crees, forthcoming bend or bends, iorisli
ded therein, enrolled against the defendant or I
and lfendante in said execution, having prler
are, of lien, and If there be, he shalt apply
He proceeds Of such sale 10 such elder jui
for ment, decree or forfeited forthcoming DO
fer so having priority Of lien, and return 81
sase application upon the execution on VIII
If such sale shall have been made: but she
ives There be any disputes as 10 which judgme
her, decree or forfeited forthcoming bond, has
rots priority OF lien, then the Sheriff shall n
sace a statemont of the fact Of such dispute,
ease return the same, with the execution and
money raised thereon into the court 10 VII