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proceedings may be had in the county court, it shall be the duty of the superior court to remand the same to the county court, in which such erroneous judgment was rendered, who shall proceed therein in the same manner as in other cases of the like kind, brought originally to said county court.
SECT. 71. The courts having cognizance of writs of Interest on error, upon the affirmance of any judgment or decree, judgments not or upon a nonsuit or withdraw, by the plaintiff in error, reversed. may, according to their discretion, adjudge and decree to the defendant in error, besides his cost, the interest of the money delayed by such writ of error, and grant execution accordingly. SECT. 72. Writs of error shall be allowed and signed,
Sigoing. by the judges of the court, to which they are returnable ; and the judge signing the writ shall take good and suffi. cient bond, with surety, that the plaintiff in error shall Bond for proprosecute his suit to effect, and answer all damages, if he secution. fail to make his plea good. And writs of error shall be Service. served by the officer's leaving a true and attested copy thereof with the defendant in error, or at his usual place of abode; or if he be not a resident of this state, then with the attorney who appeared in the original cause. And whenever a writ of error is to be served on the pe- Writ of error, titioners for a highway, it shall be legal service for the writ against petito be read in the hearing of any of the three first sign- tioners for ing petitioners, or an attested copy thereof left at the nighway, on usual place of abode of either of the said three first sign- how, to be ing petitioners, twelve days inclusive before the day of served. the court's sitting, SECT. 73. All executions, issued by the clerks of the Executions,
bow directed, superior court, or of the county courts, or by justices of and when to the peace, may
be directed to any officers proper to serve be returned. in any
of the counties in the state; and the officers to whom the same are directed and delivered, shall duly and faithfully serve and return the same, according to the directions therein given ; which being returned, shall be kept on file in the office out of which they issued. And all writs of execution shall be made returnable within sixty days, or to the next court, (in case sixty days are remaining between the next court and the date of the execution,) at the election of him who prays out the same: and all executions granted by justices of the peace, shall be made returnable in sixty days : and all sheriffs and constables shall have power to execute any writ of execution to them directed within their own precincts.
SECT. 74. Executions shall be granted against the Executivas, goods, chattels, lands and body of the debtor: and when how served, any execution is taken out and delivered to the sheriff
or constable, to whom it is directed to serve, he shall
Property ex. empt from execution.
SECT. 75. In case personal estate of the debtor, suffi- When to be
levied on the cient to satisfy the debt and charges, cannot be found,
body. and the creditor shall not agree to accept or take the debtor's lands, the officer shall levy the execution on the body of the debtor, and him commit to the common gaol in the county in which the execution is levied, where he shall remain till he pay the debt, and the lawful fees and charges. And every officer, who shall commit any Copy of exeperson to prison, by virtue of distress or execution, shail cution to be
left with gaoldeliver a copy of the writ or execution, signed by such officer, to the keeper of the gaol, which shall be a sufficient warrant to him to hold such person in safe custody, till he be delivered in due course of law. SECT. 76. When personal estate, sufficient to pay the When to be
levied on land, sum mentioned in the execution, and the lawful fees and
and how to charges, cannot be found, by the officer, or shall not be proceed. tendered by the debtor, or his attorney, to be taken on such execution, then such officer, by the direction of the creditor, or his attorney, may levy the same
on the lands, tenements or real estate of the debtor, holden in his own right, and the same shall be appraised, by three indifferent freebolders of the town where the lands lie, or if that town be a party, then of the next adjoining town, one of whom shall be appointed by the creditor, and another by the debtor, and if they do not agree in appointing a third, or if either party neglect to appoint, the officer may apply to any justice of the peace in the town, (who by law may judge between them in civil causes,) who shall appoint one or more appraisers, as the case may require: which appraisers, being sworn according to law, shall make an estimate of such land or real estate, according to its true value, in writing under their hands, or either two of them, and the same deliver to such officer: who shall thereupon set out to the creditor, by metes and bounds, so much of the lands as may be sufficient, at the appraisal, to pay the debt on the execution, and the lawsul charges, if sufficient, if not, so much as there may be, to be indorsed in part payment of the execution, according to its value, at the appraisal.(9)
(9) In consequence of the extreme scarci- cution, for the specific property originally ty or specie in a newly settled country, contracted to be paid, and the debtor it became necessary to provide soine had liberty to redeem it within sixty days. other mode for the satisfaction of execu In the revision of 1702, the law directs tions. Accordingly, a law was made in the sale of the goods aa at outcry for mopey, 1641, enacting, that a judgment-creditor, and gives the debtor a right to redeem when execution was levied upon the within twenty days, by paying the debt. In goods of a debtor, should take them at 1711, a statute was made, containing, in appraisal. In 1685, the sheriff was au substance, the provisions of the present thorised to sell the goods taken on exe law.
To be record
sect. 77. It shall be the duty of the officer to cause ed.
such execution, with his proper indorsement thereon, of
the debtor, in the creditor, his heirs and assigns. When county
sect. 78. When the sheriff of any county shall receive court may direct execution
executions from the treasurer of the state, against the into indifferent habitants of any town or towns, for the arrears of public persons. taxes, and shall levy the same on the estate of such in
habitants, or any part of them, and take their receipts for
in the same manner as for his deputies.
s0 committed shall not be holden in prison, by virtue of committed to such commitment, for a longer time than five days after prison. the rising of the court in which final judgment shall be
rendered ; and in case no execution shall be taken out,
longer, by virtue of such commitment. Levy of exe
sect. 80. The levy of executions on the rights or cution on shares, which any person owns in the stock of any bank, stock of incor. insurance company, turnpike company, or other corporaporated. com- tion, together with the interest, rent and profits due and
growing due thereon, shall be, by leaving a true and attest-
copy thereof with the cashier, secretary or clerk, with
shall, at vendue, sell the same, together with such inter- Shares to be ests, rents and profits, or so many thereof, as shall be suffi- sold at auccient to satisfy such execution, or so much thereof as tion. such rights or shares may produce; and such officer shall Officer to thereupon give to the purchaser, an instrument in writ- transfer ing, conveying to him such rights or shares ; and shall shares, and
leave copy of also leave with such cashier, secretary or clerk, a true execution, &c. and attested copy of the execution, and of his return with cashier, thereon; and the purchaser shall thereupon be entitled &c. to all dividends and stock, and to the same privileges, as a member of such company or corporation, as such debtor was entitled to. And whenever any proper officer shall, with a writ of attachment or execution, apply to such cashier, secretary or clerk, for the purpose of so Cashier, &c. attaching or levying upon such rights or shares, the on application cashier, secretary or clerk shall furnish him with a cer- furnish a certiticate, under his hand, in his official capacity, ascertaining tificate of dethe number of rights or shares the defendant holds in the
shares, &c. stock of such bank, company or corporation, with the incumbrances thereon, if any there be, and the amount of the dividends thereon due.
TITLE 3. Arbitration.
An Act authorising submissions to Arbitration to
be made rules of court.
E it enacted by the Senate and House of Rep
resentatives, in General Assembly convened, That all persons desiring to end any dispute or controversy, by arbitration, may agree, that their submission to arbitrators shall be made a rule of the superior court, or of any of the county courts, or city courts, and may insert their agreement in the submission, or in the condition of the bond or promise ; and on producing an affidavit of such agreement, and filing it in court, the same shall be
Submission entered of record ; and a rule of court shall thereupon made a rule be made, that the parties shall submit to, and be finally of court. concluded by, such arbitration : or such persons, desiring to end a controversy as aforesaid, may personally appear before the superior court, or any county court, or city court, and acknowledge, that they have mutually agreed to refer all their matters of difference, or any particular dispute, to the arbitrament of certain persons by them agreed on, and named; and on their desiring such submission to be made a rule of court, the same may be entered of record, and a rule of court shall thereupon be made, that the parties shall submit to, and finally be con