The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1866-10-25
A BILL



/ 10 ~ epfasS - al fSsegulats final HrOccss on
Jsdgnent' iHrvtafA cases.
snc110N h BE 1t enacted by the Legis-
/ latnre Of the State Of Mississippi, That ON
All Judgments hereafter rendered 10 tho
civil courts 81 tins State on causes II acton
made o. incurred prior 10 the first day Of
Z June, Ammo .DOmini,. one thousand eight
/ hundred aud sixty-dve, execution shall issno
I for one-fourth ofthe Judgment aud the costa.
returnable % the second term u tho Circnit
Court after the term at which said Judgment
was rendered that upon the return Of the
execution satisfied another execution may
issue for 0ns-fourth ofthe Judgment, returna-
BILE 10 the second term II said Circuit Court
after tho issuance of such execution npon
\ the return of flle sscolld execution satisfied,
a third execution shall sssne fof one-fonrth
OF the Judgment, retnFnable 20 the second
term ~ the Circuit Court next after the
Issuance Of the last named execution upon
return Of the third execution satisfied,
fourth execution for one-fOurth of the indg-
ment shall issue returnabIe to the second
term of the Circuit Court next after the
issuance Of the last named execution.
IL the first execution herein provided for
shall be returned unsatistied in whole or In
part, the second execution shalIis issue for one
fourth Of the Judgment, together with what
may be due and unpaid ON the first execu-
tion, aud retnrnmade as above directed. md
so each subsequent execution as herein be-
fore provided for shall issue for One-fourth
Of the Judgment, together with whatever
may be unpaid ON the previous execution,
rcturnablc at the time horein before prOyi
ded; 4 N
Provided, however, that the defendant
or defendants may consent in open court
that execution shall issue for the whole
"A 0f Ia md ratnrna1.la "a
provided by law, or that execution may
issue for the whole amount Of the Judgment
returnable 20 the second term Of the court
next after the issuance thereOfi provided
further, that the Ike consent may III vaca-
ton be fled under the hand and seal ofthe
judgment debtor or debtors, with the clerk
of the court either (which cases execution
shall ISSUE in conformity to such consent.
which shall be filed among the papers, and
constitute part Of the record
SEC, 2. BE 1t further enacted, That the
provisions Of the first section Of this act shall
he applied to and embrace DEGREES for money
rendered hereafter in the courts of chanory
of this State, on causes Of suit, (Other than
the foreclosure of mortgages, vendors lien,
mechanics lien, and deeds of trust made
or incurred prior to the first day Of June,
1869, and the court in rendering such judy
nents and DEGREES shall state therein that
execution shall he awarded as provided in
this act s...f.
SEC. 3. That the lien on the property of
the Judgment debtor or debtors by virtue of
the judgments and DEGREES provided for in
the first and second sections of this act, shall
cease and determine on the return day .o1
the execution for the fourth mstalment of
such Judgment or decree, and no execution
shall issue on such Judgment after the ex-
piration Of one year from the return day of
the execution for tile fourth illstalment
thereof
Provided, that If the enforcement Of snch
Judgment or decree, is restrained by injuhc-
ton or supeIsedias, or inability by virtue of
any statute, to proceed against an admins
TRAITOR, or executor then the plaintiff shall
be allowed six months, after the removal of
such hindering cause, to sue out execution.
SEC. 4. Be it further enacted, That the
plaintiff or plaintiffs may sue ont execution
for the whole amount of his judgment or
decree, as hereinbefore provided. returnable
as now prescribed by law. In case the
Judgment creditor, his agent or attorney,
shall make affidavit before the clerk of thu
court TO any one or more of the seven causes
of attachment prescribed in Article 2, Chap
ter 50, Of the last Revised Code, and give,
bond with one or more good securities, pay
able to the defendant or defendants, to pay
all costs and damages that the defendant or
defendants may sustain for wrongfully sue
ing out such execution; whereupon the
sheriff shall proceed to levy such execution
The defendant may repleyy any personal or
real property 50 levied on, by bond and sure
ty in the penalty of the full value Of the
property aud provided. in other respects for
the replevy of property taken in attachment
under the above quoted act, and may make
affidavit before the clerk of the court. tray
ersing the truth Of the plaintiffs affidavit,
and at the return term of snch execution
ON FIVE days notice to the sureties in such re-
pleNn bond, and, ON plea filed, the court
may order a jury to he eInpanneled, and
such proceedings shall be had as provided in
Article IA, Chapter So, of the Revised Code.
If execution has already been issued for any
one of the instalments of such Judgments or
DEGREES, when the plaintiff, his agent or at
torney, sues ont rs provided in this section,
execution for the whole amOunt.Of the judg-
ment or decree. the eAecution for such in
stalnlent shall DO suspended until the execu-
ton for the full anlonnt of the Judgment or
decree, and proceeds thereon are finally dis
posed Of
SEC. g. Be it further enacted, That this
act shall take effect and be in force from and
after its passage