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Session Laws, 1862
Volume 532, Page 287   View pdf image (33K)
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A. W. BRADFORD, ESQUIRE, GOVERNOR.

years have elapsed after the date of the judgment,
or expiration, or removal of the stay thereon, the
said attachments shall be subject to the same de-
fences by the defendant as in cases of scire facias
and in cases of the death or marriage of any plain-
tiff, the executor, administrator, or other person,
who shall be entitled to such judgment, shall on
application to the clerk of the court, or justice of
the peace, having control of the docket whereon
such judgment may have been entered, be made
parties to the same and have attachments or other
execution, as if no such death or marriage had
taken place ; and in all such judgments, the plain-
tiff may have more than one attachment, or
other execution to be laid in the hands of different
persons, or levied on other property or effects than
that taken under the first, though the first be still

287

outstanding; provided, that but one satisfaction
of the debt or demand shall be made, and that it
shall be in the discretion of the court in all such
cases, whether any costs, or if any, what amount
of costs shall be allowed on the subsequent attach-
ment or other execution.

Proviso

In lieu of the seventeenth section, the following:

17. If a stay of execution be entered on the
docket at the time of the rendition of the judg-
ment, or if a judgment be stayed by injunction,
supersedeas, appeal, or writ of error, an execution
may issue at any time within three years after the
expiration or removal of such stay, but in no case
whatever shall the period during which any stay
law heretofore passed, or hereafter to be passed,
may have been, or may be in force, be computed
as part of said three years.

Substitute.

Sec. 2. And be it enacted, That this act shall
take effect from and after the date of its passage.

In force.



 
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Session Laws, 1862
Volume 532, Page 287   View pdf image (33K)
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