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on Bail Bonds.

any proceedings in consequence thereof, and the damages shall be stated as having been assessed by the Court. (4432.) SEC. 10. If a bond taken on the arrest of a defendant, Damages in suits in any action in which an assessment might be made by the Clerk, shall have been prosecuted by the plaintiff in such action, and judgment rendered thereon, the Court shall in like manner direct the Clerk to examine, ascertain and report what sum the plaintiff ought to recover for the damages upon his original cause of action.

assess.

(4433.) SEC. 11. The same proceedings in all respects shall Proceedings to be had in ascertaining such damages, as are herein provided, in case interlocutory judgment had been rendered in such original action.

to be assessed in

(4434.) SEC. 12. When a bond taken on the arrest of a When damages defendant, in other causes than those provided for in the two original action. last sections, shall have been assigned to the plaintiff, and judgment shall be rendered thereon in his favor, damages may be assessed by a jury in the original action, in the same manner as if the defendant had appeared therein, and interlocutory judgment had been obtained against him.

original suit to

(4435.) SEC. 13. In all cases in which a judgment shall be Declaration in rendered for the plaintiff, on a bond taken upon the arrest of be filed before a defendant, no damages shall be assessed until a declaration in the original action shall have been filed.

assessment.

endorsed and

cution.

(4436.) SEC. 14. The damages so assessed, either by the Amount to be Clerk, or by a jury, with the interest, the costs in the original collected on exesuit, and in the suit on such bond, shall be endorsed upon the execution issued upon such judgment, as the amount to be collected, with Sheriff's fees, and no more shall be collected on such execution.

may be assessed

(4437.) SEC. 15. In all other suits wherein by the preceding when damages provisions the Clerk is not authorized to assess the damages, by a Jury. if interlocutory judgment be rendered for the plaintiff by default, or upon demurrer, or upon confession, damages may be assessed by a jury.

assessment.

(4438.) SEC. 16. Upon damages being assessed by a jury, Judgment upon judgment shall be entered for the plaintiff for the damages which shall be so ascertained, as in case of verdicts upon trial

had.

CHAPTER CXXXI.

OF JUDGMENTS AND EXECUTIONS.

SECTION

OF JUDGMENTS.

4439. After verdict, Plaintiff not to be non. suited.

4440. Setting aside Judgments on motion.

4441. Judgment by confession.

OF EXECUTIONS.

4442. When Executions may issue.

4443. When not without order of Court; Notice

of application for.

4444. Kinds of Executions.

4445. Exception of Executors, etc.

4446. Executions where bail has been given, etc. 4447. Executions where Defendant is imprisoned,

etc.

4448. Like Executions to Sheriffs of different Counties; Different Executions.

4449. When body taken in Execution. 4450. Execution after escape.

4451. Collection of interest on Judgments. 4452. Time of receiving to be endorsed on Execution.

4453. Executions on Judgments against Sheriffs. 4454. Authority, etc., of person receiving Execution.

4455. Goods bound from delivery of Execution. 4456. Priority of Executions.

4457. Priority of Attachments, etc.

4458. Priority of Executions, etc., issued by Justices.

4459. Levy on current coin. 4460. Levy on bank bills, etc.

4461. Interest of Bailor in goods pledged may be sold on Execution.

4462. Notice of sale of goods and chattels. 4463. What chattels may be taken on Execution. 4464. Unharvested crops.

4465. Property exempt from sale on Executions. 4466. Inventory and appraisal.

4467. Defendant may select from inventory amount exempted.

SECTION

4468. Fees of Appraisers.

4469. Selection in cases where a certain number of animals, etc., are exempt.

4470. Sales how to be conducted.

4471. Form of Execution for sale of Real Estate. 4472. If Defendant die while charged in Execu. tion, Judgment to be certified, etc. 4473. Adjourment of sale on Execution. 4474. On the death of officer having Execution, service may be completed by another. 4475. When service commenced before return day, may be completed afterwards. 4476. Interest of stockholder in corporation may be taken in Execution.

4477. Copy of Execution to be left with Cashier,

etc.

4478. Officer of company bound to give certi

ficate.

4479. Copy of Execution to be left, etc.

4480. When purchaser entitled to dividends. 4481. How Executions levied upon corporate property.

4482. When Court may order new Execution, after Execution returned satisfied.

4483. No female to be imprisoned in civil action.

4484. Liability of officers for neglect to pay over moneys collected.

4485. Prisoners on Execution, how kept 4486. Persons surrendered by Bail. 4487. Executions may be set-off.

4488. How Executions set-off. 4489. Cases where set-off not allowed. 4490. When officers may require indemnity." 4491. Proceedings if bidder refuse to pay. 4492. Property sold to be specified in return; Liability of officer for fraud.

4493. Construction of the word "team." 4494. Certain property not exempt from Execntion for purchase price.

Chapter One Hundred and Six of Revised Statutes of 1846.

OF JUDGMENTS.

plaintiff not

to

(4439.) SECTION 1. When a verdict shall have been rendered After verdict, in any action, the plaintiff shall not thereafter be non-suited, be non-suited. but judgment shall be rendered upon the matter found by such verdict.

judgments on

(4440.) SEC. 2. No judgment in any Court of Record shall be setting aside set aside for irregularity on motion, unless such motion be made motion. within one year after the time such judgment was rendered.

fession.

(4441.) SEC. 3. Judgments may be entered in any Circuit Judgment by conCourt in vacation as well as in term, upon a plea of confession, 9 Wend., 452. signed by an Attorney of such Court, although there be no suit then pending between the parties, if the following provisions be complied with, and not otherwise:

1. The authority for confessing such judgment shall be in some proper instrument, distinct from that containing the bond, contract or other evidence of the demand for which such judgment was confessed;

2. Such authority shall be produced to the officer signing such judgment, and shall be be filed with the Clerk of the Court in which the judgment shall be entered, at the time of the filing and docketing of such judgment.

OF EXECUTIONS.

may issue.

(4442.) SEC. 4. Whenever judgment shall have been or may When Executions hereafter be rendered in any Court of Record, execution to collect the same may be issued to the Sheriff, or other proper officer of any county of this State; and successive or alias executions may be issued one after another, upon the return 4 McLean, 133. of any execution unsatisfied in whole or in part, for the amount remaining unpaid upon any such judgment. (a)

out order of

(4443.) SEC. 5. But no such execution or alias execution when not withshall be issued, unless within two years from the time of the Court. rendition of such judgment, or from the return day of the last preceding execution, or two years from the time when the party was entitled to sue out the same, unless the Court, in term time, or some Judge or Justice thereof, or Circuit Court

(a) As Amended by Act 95 of 1849. Laws of 1849, p. 96.

cation for.

Commissioner, in vacation, upon special application for that purpose, and due notice to the opposite party, shall make an Notice of appli- order granting leave to issue the same. Said notice shall be given by personal service upon the said party, if to be found in the county; or if he be absent from the county, or if he be a non-resident of the county, the officer authorized to grant the order applied for, shall also direct the manner in which the notice of such application shall be given. (b)

Kinds of Execu tions.

Exception of Executors, etc.

Executions where bail has

(4444.) SEC. 6. Such execution may be either:

1. Against the goods and chattels, lands and tenements of the party against whom such judgment was recovered; or: 2. Against the body of such party, in the cases authorized by law.

(4445.) SEC. 7. But such execution shall not issue against the body, nor against the goods and chattels, lands and tenements of any executor, Administrator, heir, devisee or legatee, unless in those cases specially provided by law.

(4446.) SEC. 8. In those cases in which bail shall have been. been given, etc. taken on the arrest of a defendant, and the bail bond shall have been assigned to the plaintiff; and in those cases in which special bail shall have been filed, no execution shall issue against the body of the defendant in such action, until an execution against the goods and chattels, lands and tenements of such defendant, shall have issued to the Sheriff or other proper officer of the county in which such defendant was arrested, and shall have been returned unsatisfied, in whole or in part.

Executions where defendant is im prisoned, etc.

Like Executions

to Sheriffs of

ties.

tions.

(4447.) SEC. 9. But if the defendant be imprisoned on execution in another cause, or upon process in the same action, or upon the surrender of such defendant in exoneration of his bail in such action, or if an execution shall have been returned unsatisfied in the cases mentioned in the last section, an execution may, in either case, issue against the body of such defendant.

(4448.) SEC. 10. Executions, whether against the body, or different Coun- against the property of any party, may be issued at the same Different Execu time, to Sheriffs of different counties, but no execution against the body of any party shall issue, while there is an execution against his property not returned, nor shall an execution against the property of any party be issued, while there is an

Wend., 435.

(b) As Amended by Act 95 of 1849, p. 96, and Act 323 of 1850, p. 404.

execution against his body unreturned, unless by order of the Court. (c)

in Execution.

(4449.) SEC. 11. When the body of a party shall have been when body taken taken on an execution issued for that purpose, no other execution can be issued against him or his property, except in cases specially provided for by law.

escape.

(4450.) SEC. 12. But if any person who shall have been taken Execution after on an execution shall escape, he may be retaken by a new execution against his body, or an execution against his property may be issued, in the same manner as if no execution had been previously issued against the body or the property of such person.

terest on jud

(4451.) SEC. 13. When execution shall be issued upon any Collection of injudgment, interest on the amount of the judgment, from the ments. time of entry of the same until such amount shall be paid, shall be collected thereon.

ing to be endorsed

(4452.) SEC. 14. Upon the receipt of any execution, it shall Time of receiv be the duty of the Sheriff or other officer to endorse thereon on Execution. the year, month, day, and hour of the day, when he received

the same.

judgments

(4453.) SEC. 15. In all cases where a judgment shall be Executions on obtained against the Sheriff of any county, either alone or with against Sheriff others, instead of directing the execution thereon to the Coroner of the county, it may be directed and delivered to any person (except a party in interest in the suit), who shall be designated by the Court in term by an order to be entered in the minutes, or by any Judge thereof, or Circuit Court Commissioner in vacation, by an order to be endorsed on such execution.

of person receiv

(4454.) SEC. 16. The person so designated and receiving Authority, etc., such execution, shall, in respect to such execution, be deemed ing Execution. a Coroner of the County, and shall be liable in all respects to all the provisions of law respecting Sheriffs, so far as the same may be applicable.

delivery of Exe

(4455.) SEC. 17. Whenever an execution shall be issued Goods bound from against the property of any person, his goods and chattels, cution. lands and tenements levied upon by such execution, shall be bound from the time of such levy.

tions.

(4456.) SEC. 18. If there be several executions issued out of Priority of Execu a Court of Record, against the same defendant, that which

(c) Section Thirteen of Act 105 of 1847, p. 172, enacts that "Chapter One Hundred and Six, Section Ten, be so Amended that but one execution shall issue at the same time."

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