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Session Laws, 1835
Volume 214, Page 214   View pdf image (33K)
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THOMAS W. VEAZEY, E8QtI»», GOVERNOR

1835.

dants or parties to the said supersedeas, his, her, or

CHAP. 201

their agent or attorney, to the chief justice of the dis-

Copies of &c. re-

trict court, wherein the original judgment shall have

turned to defendant

been rendered, within ten days after the takiii% and

 

confessing of the same, and it shall be the duty of the

 

said chief justice, immediately upon receiving 'any

 

such supersedeas, to make a fair entry of the same, in

Entries directed

the docket of the judgments of the said district court,

 

in the same manner and form as he is hereinbefore re-

 

quired to make entry of the original judgments, and

 

from such original supersedeas or the docket entry

 

thereof, an execution may at any time be issued by any

Execution may issue thereon

district justice, directed to the sheriff or some consta-

 

ble residing within the district wherein the original

 

judgment was rendered, and returnable before the said

Returnable

district court wherein the said original judgment shall

 

have been rendered.

 

SEC. 12. And be it enacted, That no plaintiff in any

Limitation; 4 years, a bar

supersedeas taken by any justice of the peace in this

 

State, shall be entitled to have execution on said su-

 

persedeas, so far forth as the security or securities are

 

concerned, after the expiration of four years from the

 

date of said supersedeas, and the said defendant or de-

 

fendants, being security or securities as aforesaid, shall

 

be and they are hereby declared to be entitled to plead

 

limitations to the plaintiffs claim, should the said plain-

Scire facie s barred

tiff cause a scire facias to issue on said supersedeas af-

 

ter the expiration of the period aforesaid.

 

SEC. 13. And be it enacted, That whenever a writ

Writ ef replevin

of replevin shall be demanded from any one of the said

 

district justices, according to the jurisdiction herein :

Proceeding in.

given to the said district court, it shall be the duty of

 

such justice before he issues the same, to require and :

Bond required

take from the party demanding such writ of replevin,

 

a bond to the party holding the property, with one or

 

more securities whom the said justice shall in his con-

 

science believe to be worth double the value of the spe-

 

cific articles of property intended to be replevied, with

Condition

condition that the party so replevying, his executor

 

or administrator, shall well and truly return the same

 

property to the party out of whose hands, the property

 

shall be so replevied, his executors, administrators or

 


 
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Session Laws, 1835
Volume 214, Page 214   View pdf image (33K)
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