Year: 1866

TAIN CASES.


SECTION /. BE It enacted by The Legisla


ture Of tile State Of Mississippi, That cr


all judgments hereafter rendered in the


civil courts of this State on causes o


action made or incurred prior to the FIRST


day Of June, Ammo Domin one thousand


eight hundred and si1ty-fve, execution


shall issue for one>fourth Of the julg


mcnt and The costs, returnable to the


second term Of the Circuit Court after the


term at which said judgment was rem,


dered {; that upon the return Of the exec


eution satisfied, another execution NAV


issue for one fourth of the judgment, re


turnable TO the second term OF said Cir


cult Court after the issuance of such


execution upon the return of the second


execution satisfied, a third execution


shall issue for one-fourth of the judg


ment, returnable to the second term Of
the Circuit Court next after the issuance
of the last named execution upon the
return Of the third execution satisfied, q
fourth execution for one fourth OF the
judgment shall issue returnable 10 the
second term Of the Circuit Court next
after the issuance Of the last named exc.
cuiion.


II the first execution herein provided
for shall be returned unsalistied in whole
or in part, the second execution shall
issue for one-fourth Of the judgment,
together with what may be due and un-
paid on the first execution, a1d return
made as above directed, and so each sub
sequent execution as herein before pro,
vidod for shall issue for one-iourth of the
judgment, together with whatever may
be unpaid on the previous execution, It
tufnable at the time herein before pro.
vded


Provided, however. that the defendant
or defendants may consent in open court
that execution shall issue for the whole
amount of the judgment returnable to the
second term of the court next after the
issuance thereof; provided further, that
the like consent may 10 vacation be filed
under the hand and seal of the judgment
debtor or debtors, with the clerk Of the
court. in either of which cases execution
shall issue in conformity TO such consent
which shall be filed among the papers,
and constitute part Of the record.


SEC 9. Bel FURTHER enacted, That the
provisions Of the first section Of this &C
shall be applied to and embrace DEGREES
fer money rendered hereafter in the
courts of chancery Of this State, on causes
of suit. (olher than the foreclosure o!
mortgages, vendors lien. mechanics lien,
and deeds OF trust, made or incurred
prior to the first day Of June, 1865. and
the court in rendering such judgments
and DEGREES shall state therein that exc
cuion shall be awarded as provided iu
this act.


SEC. 8. That the lien on the property
Of the judgment debtor or debtors, by
virtue of the judgments and decrres pro
vided for 10 the FIRST and second sections
Of this act, shall cease, and determine on
the return day of the execution for the
fourth instalment Of such judgment or
decree, and no execution shall issue on
such judgment after The expiration Of one
year from the return day of the execu
lion for the fourth instalment thereof


Provided, that if the enforcemen ol
such judgment or decree is restrained by
Injunction or supersedias, or inability By
virtue of any statute, TO proceed against
IN administrator or executor then the
plaintiff shall be allowed six months.
afier tho removal Of such hindering
,ause, to sue out execution,


SEC. 4. BE it further enacted, That
he plaintiff or plaintiffs may sue cut exc.
sutton for the whole amount Of his judg>
neut or decree, as hereinbt fore pro
gided, returnable as now prescribed by
aw. In case the judgment creditor. his
agent or attorney shall make affidavit
before the clerk of the court TO any one
" more OF the seven causes Of attach
nent prescribed in article 9, chapter 50,
# the last revised code, and give bond
With one or more good securities. payable
o the defendant or defendants, TO pay all
osts and damages that the defendant or
efendsnts may sustain for wrongfully
ueiug out such execution; whereupon
he Sheriff shall proceed to levy such T
xecution. The defendant may replevy {
ny personal or real property so levied {
o. by bond and surety 10 the penalty of
be full value of the properly aud pro> !
ide in other respects, fOt the replevy OF !
roperty taken 10 attachment under the S
bove quoted act, and make affidavit !
efOre the clerk Of the court. traversing |
be truth Of the plainiif's affidavit, and at :