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Nor on
certain
Judgments,
fee.
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SEC. 3. And be it enacted. That from and after the tenth
day of May, aforesaid, no execution for the body or goods of
any person or persons in this state shall issue on any judgment
rendered by a single magistrate, provided such person or persons
shall go before any justice of the peace of the county wherein
such judgment shall be obtained, within two months after the
rendition of such judgment, and, together with security, such
as the justice shall approve of, confess judgment for the debt,
and costs of suit adjudged, with stay of execution as aforesaid ;
which confession shall be in manner and form as aforesaid, and
shall be signed by the justice taking the same, and certificate
thereof shall be procured under his hand, which shall be a
sufficient supersedeas as aforesaid.
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Certificate,
in certain
cases, to be
a superse-
deas, &c.
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SEC. 4. And be it enacted. That if the party be taken in
execution before any certificate, provided the confession of
judgment therein certified shall have been made within two
months after the rendition of the original judgment as aforesaid,
be produced as aforesaid, such certificate, being afterwards
obtained, shall be a sufficient supersedeas to the sheriff to re-
lease such person out of prison upon that execution, the party
paying or giving security to such sheriff for his fees due for that
imprisonment ; and the judge, justice or justices, before whom
such judgment shall be confessed as aforesaid, shall return the
same to the clerk or register, as the case may be, of the respec-
tive court where the first judgment was obtained, or, in case the
said confession was on the judgment of a single magistrate, to
the clerk of the county wherein such judgment was rendered,
by the next court in course which shall be held after the taking
the said confession, to be entered on record, under the penalty
of three pounds current money for every neglect, to be recover-
ed by any person who shall sue for the same, by action of debt
or bill of indictment, in the county court of the county where
the said judge, justice or justices reside; for which entry such
clerk or register shall receive, as a fee, five pounds of tobacco;
and after the expiration of the time limited in such confession,
it shall be lawful to take out execution thereon without any
scire facias, or any other delay, against either the principal or
the security, or all or either of them, for such judgment so con-
fessed as aforesaid, any law, usage or custom, to the contrary
in anywise notwithstanding.
Judgments against collectors for money received, cannot be superseded,
fey 1794, ch. 53; nor against sheriff or collectors refusing to pay over
money, by 1797, ch. 42; nor sheriff against their deputies, by idem.
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