The miners' express. (Dubuque, Iowa) 1849-1854, 1853-02-09
AN ACT.


.4liosoing and regulating the stays Of Executions
on judgments ofths District and Justices
Courts.
Sec. J. Belt enacted by the General Assem-
bly, OF the State of Iowa, That on all judgments
rendered by Justices of the Peace, any and
all caues OF actions, except when Otherwise
specially provided for. on the judgment debtor
entering good and sufficient security, The
proper Justices docket, for the amount Of such
Judgment, interests and costs, there shnll be
stay of execution, if the principal sum shall not
exceed FIVE dollars, twenty days; il over five,
and not exceeding fifteen dollars, thirty; if over
fifteen, and not exceeding TWENTY-FIVE dollars,
forty days; If oyer twenty-five, aud not excee
ding forty dnllars, sixty days; and upon all
sums over forty dollars, not exceeding ninety
days.
Sec. 2. On judgments upon claims originally
commenced in the District Court, except where
otherwise expressly provided for, on the judg-
ment deb or entering good and sufficient securi-
ty on the proper court record, for the amount of
such judgment, interest and costs, there shall
be stay Of execution, on Ike sums as those
mentioned in the preceding section, the Like
cores spending times therein provided; Prooi
ded, that where there has been a stay of execu
ton taken, the party taking such say, if he have
been personally served with process, she'll not
afterwards be allowed an appeal to the District
or Supreme courts, upon such Judgment; Prov
ded, that The provisions of this law shall extend
to DEGREES rendered upon the foreclosure of
mortgages.
| Sec. 3. Where stay Of execution has been
| taken and the judgment at the expiration of
said stay shall not be fully paid, it shall be the
| duty of the proper justice clerk to render a
| Judgment against the principal and bail; Provl-
ded, that such judgment shall not release any
| Judgment lien, by virtue Of the original iudg.
ment, for the amount then due, and upon the or
| der Of the creditor to issue execution against
the property of the ball. as also, against the pro
perty of the principal debtor, for the amount
due, together with interest and costs; but in all
eases the property, if any, ofthe principal deb
| tor shall first be taken on execution, and the
officer holding said execution, shall return there
on what amount was made of the principal debt
or, and how much from the security.
i Sec. a. After judgment against the bail for
the stay of execution, the original judgment
shall remain in full force, for the of such
| bail, who may at any time after paying the
| amount of the Judgment against him, with in.
terest and costs, cause execution to be issued on
such original judgment, for his own use, which
shall be endorsed by the justice or clerk; and
if the security be entered in Justices docket,
the bail shall be entitled to a transcript of the
original judgment, to be filed in the proper
clerks office and which shall have the same
force and effect as transcripts in other cases.
| Sec. s. Where any bail for the stay OF exc
cuton, shall go before the justice or clerk by
whom such stay has been taken, or the justice
or clerk having control of the docket or record
in which the stay is en'ered, and make and file
an affidavit that he is apprehensive of being
compelled to pay such judgment ifexecutlon
shall be futher stayed, such justice or clerk, on
being requested by the bail shall forthwith
issue against the property of the original debtor
which shall be proceeded with in Other cases;
| but if within ten days after levyiEg such exc
cution, and the term OF stay shall not have then
expired the principal debtor shall give other
and sufficient security for the further say Of
execution, and pay, or cause to be paid, or Sc
cured, the costs of such execution, the same
shall be recalled and stayed, and The subsequent
| proceedings shall BE- the as if no execution
had been issued, except that IN issuing against
! the bail, the execution shall be against the pre-
perty Of the person last entering as bail, and no
execution shall issue against the first or any in
| termedaic security.
Sec. g. The good and sufficient security be
! fore mentioned is such as may be accepted by
| the proper justice or clerk; but in all cases
where security has been taken, as above provi-
ded, and shall prove insufficient, the court or
ofhcer approving the same shall be liable Tor the
same, on his official bond, unless he has made
| the security testify, under oath, in writing,
which must be signed aud filed with the bond.
Sec. T. No stay or execution is intended to
be here allowed on judgments against bail above
provided. Judgment, on which there is stay
of execution entered, becomes lien, on the
property of the sureties from the time ofenter
ing said STAY, to the same extent, as though they
were original defendants in said judgment.
Passed both Hauses on Jan. 18th, 1853.