The Athens post. [volume] (Athens, Tenn.) 1848-1917, 1861-02-01
AN ACT.



judgements and DEGREES which shall be
rendered in any of the Courts of Record
In this State, or which shall be rendered
by Justices of the Peace of this State for
money, shall be stayed by such Courts
and Justices for the period of twelve
months from the rendition of such de-
cree or Judgment: PROVIDED, That the
defendant or defendants in said judg-
mcnts or DEGREES shall appear before said
Courts of Record during the term of
such Court, or within two days after the
rendition of the judgment before Justices
of the Peace, and give good and ample
security for the stay OF execution, to be
approved of by said Courts or Justices,
which stay shall operate as q judgment
against the security in saidCourts or be-
fore said Justices.
SEC. 3. BE Il further enacted, That upon
affidavit of the plaintiff in the Judgment,
his agent or attorney, made before the
court or Justice of the peace, or before
the clerk of said court if in vacation,
showing that the security for the stay of
executions is not good and sufficient the
defendant, upon five days notice being
given, shall justify the security already
given or give other security to be approx
ed of by the justice of the peace, or by
by the clerk of said court, and upon his
failure to justify or give other security
execution shall issue Immediately If
the additional security shall be taken by
ajustice of the peace, it shall be sufficient
to bind the security if he write his name
as additional security or stayor upon the
Justices docket, or shall authorize the
same to be done by the justice, either
verbally or in writing. II said addition
al security shall be taken by the court,
the same shall be entered as matter OF
record on the minutes of said court If
said additional security shall be taken
by the clerk in vacation, it shall be sufli-
cient in order to bind the security that
he acknowledge himself additional secu-
rty or stayor, on the execution docket
in said clerks office.
SEC. 3. BE atrtder enacted, That in all
cases where judgments or DEGREES have
been rendered by any of the Courts or
Justices of the Peace in this State upon
which executions have not been issued,
or upon which executions have been is
sued and not levied, the defendant or
defendants in said judgment or execu-
ton may appear before the Justice of the
Peace or Court if in session, or before the
Clerk of said Court in vacation, and up
said Justice, Court or Clerk as the case
may be, in the manner provided in the
second section of this act for giving add
tional security, said execution shall be
stayed for the period of six months from
the time said security shall be given,
when execution may issue against the
parties to the original Judgment and the
security for the stay of execution. And
that in all cases where any execution or
order of sale may be levied ON personal
property, that the debtor in the process
shall have the option to avail himself of
the preceding provisions of this act, or it
shall be lawful for him to give bond in
double the value OF the property, and
good security to the officer for the forth.
coming of said property for sale, at the
Court House of the county, or such other
place as the parties may agree upon, in
which the levy is made, on the first Mon
day of December, 1861. And If in the
interval the surety or surities become in
sufficient, the levying officer may notify
the defendant, and he shall give suffi-
cient additional security for the delivery
of said property at said time and place.
In order to constitute the levy on real
estate valid AS to proceedings before
Justice OF the Peace, the execution shall
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the county where the land lies.
Sec. 4. BE ufmther enacted, That in case
additional security shall be given as pro-
vided in the second section of this Act,
the first security given shall not thereby
be released from liability, but execution
shall issue against the original parties to
the Judgment and against the first MS
well as the additional securities.
SEC. 5. BE further enacted, That in all
cases where Judgments have been render
ed by Justices of the Peace and have
been stayed for eight months under the
existing laws, and which stay has not ex-
pired at the time this Act shall take ef-
feet, the defendants may extend the stay
of said execution four months longer up
on giving ample security therefor to the
satisfaction of the Justice of the Peace,
which may be new stay, or by consent
of the original stayor, if deemed suffi-
Gent by the Justice.
SEC. 6. BE il, further enacted, That this act
shall not be construed so as to authorize
the stay of executions upon judgments
before Justices of the peace that were
not subject to stay before the passage of
this act. Nor shall execution on judy
ments rendered in court against officers
nor judgments in favor of security, ac-
commodation endorser, stayor, or co-se-
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