2816 INDEX TO THE

Page.

STAY OF EXECUTION.

No execution shall issue on any judgment obtained ia the court of ap-

peals or general court, or any decree in the chancery court, provided

the debtor shall come before one judge of the general court, one

justice of the county court, or two justices of the peace where he

resides, within two months after the rendition of such judgment,

and, with two other persons to be approved by such judge, &.c.

confess judgment for the debt and costs in the manner and form

herein prescribed — 1791, ch. 67, sec. 1,* .....

274

Such confession shall he signed by the judge, &c. and a certificate

thereof procured under his hand, which shall be a sufficient super-

sedeas to the sheriff to forbear serving the execution — 1791, ch.

67, sec. 1, ...........

274

Execution may be stayed on judgment rendered by a single magistrate,

on such confession of judgment, &c. before a justice of the peace

of the county, with security, such as he shall approve, to be signed

and certified as in other cases — 1791, ch. 67, sec. 3,* .

275

Execution may be issued at any time within the two months before the

judgment is superseded, the day of issuing the execution to be en-

dorsed, and the time of superseding certified — Nov. 1792, ch. 74, .

289

If the party be taken in execution, such certificate afterwards obtained

shall be a sufficient supersedeas to the sheriff to release the prisoner

upon that execution, he paying or securing his fees for that impri-

sonment — 1791, ch. 67, sec. 4, .......

276

The judge, &,c. shall return the judgments so confessed to the clerk

where the first judgment was obtained, or (if on a judgment by a

single magistrate,) to the clerk of the county, by the next court in

course after, to be entered on record, under the penalty of £3 —

1791, ch. 67, sec. 4,* .........

276

After the expiration of the lime limited in such confession, execution

may be taken out without any scire facias, or other delay, against

the principal or security, or all or either of them, for such judg-

ment so confessed — 1791, ch. 67, sec. 4, .....

276

Directions as to the return of supersedeascs and issuing executions

thereon— 1801, ch. 62, ...... .

435

As to fines on constables, and judgments against them for neglect —

1806, ch. 21, ..........

538

As to superseding judgments exceeding £10 — 1809, ch. 76,

566

As to executions on judgments assigned — 1811, ch. 174, .

606

See Small Debts.

Executors and administrators authorized to supersede and stay execu-

tion against the goods or their testator or intestate — 1820, ch. 80,

sec. 3, ...........

728

One justice to take supersedes, where two justices were before re-

quired— 1820, ch. 80, sec. 4, .......

728

* See notes to this chapter, where the law, as it now exists under its various

modifications, is to be found.