ART. 29.] COURTS. 195
not bound by sach judgment; and they shall remain liable to
be sued as if their original responsibility had been joint and
several; Provided, that but one satisfaction of the debt or demand
shall be made.
19. Upon all judgments rendered at the second term after
the defendant has been summoned, the defendant shall be
entitled to a stay of execution until the first Thursday of the
ensuing term, with the privilege of superseding the same in
the manner allowed by law, at any time within two months
after the expiration of said stay, and with the power of prose-
cuting an appeal, or suing forth a writ of error, as authorized
by law.
20. If an administrator conceives that he has not assets suffi-
cient to discharge the claim, or any part thereof, for which a suit
shall be brought against him, he may plead the fact, and a trial
by jury shall be thereupon had.
21. If, on any trial so had against an administrator, the debt
or demand of the plaintiff shall be contested, and there be any
other issue joined than upon the subject of assets, the jury, if
they find for the plaintiff upon the issue so joined, and the
amount of assets found by them be less than the debt or de-
mand of the plaintiff, shall declare the amount of the debt or
demand, and also the sum to be paid by the defendant to the
plaintiff, regard being had to the amount of the assets in hand,
and the debts due from the deceased; and the court shall there-
upon enter judgment against the defendant for the penalty of
the bond or damages laid in the plaintiff's declaration and
costs of suit, if the court shall so direct, to be released upon
payment of the sum ascertained to be paid by the verdict of the
jury and interest thereon, from the time of rendering the said
judgment.
22. The sum so ascertained shall be levied of the goods and
chattels of the deceased, or of the proper goods and chattels of
the defendant, and the residue of the debt or damages so ascer-
tained shall be levied of the goods and chattels of the deceased,
which may thereafter come to the hands of the defendant, to be
administered with interest as aforesaid, or of the proper goods
a,nd chattels of the defendant.
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