ART. 29. ] COURTS. 27
3. This act shall take effect from the time of its passage and
remain in force for twelve months.
The Act of 1863, ch. 249, amends and extends the last Act, as follows:
4. As to all judgments, or decrees, or orders for the payment
of money rendered, or to be rendered by any court or justice of
the peace of this State, and upon all powers to sell, contained
in any mortgage, and on all decrees for sale of mortgaged prop-
erty, there shall be a further stay of execution after the pe-
riod limited in said act, until the first day of November next;
and on condition the debtor then pay all the interest then ac-
crued and costs, and an instalment of one-fifth of the whole
debt, there shall be a stay of execution for four months there-
after; when upon payment of the interest then due, and a second
instalment of one-fifth of the original debt, there shall be a
stay for four months thereafter; and upon the payment of the in-
terest then due and a third instalment of one-half of the balance
of the original debt at the expiration of that time, there shall be
a further stay for four months thereafter; at the expiration of
which time the entire balance of said debt with interest and all
cost accrued after the first payment shall be paid; provided how-
ever, that if the debtor should fail to pay the first or any subse-
quent instalment at the time or in the manner, and to the amount
above set forth, he shall forfeit all benefit of this act, and exe-
cution may issue as to the whole or any balance of the debt with
interest and costs then due.
5. During the continuance of this act judgments rendered by
justices of the peace within any of the counties of this State,
shall be liens on the real estate of the defendants in said judg-
ments, upon their being recorded as hereinafter provided for;
upon their being filed with the clerk of the Circuit Courts of the
several counties of the State, in which the defendants shall re-
side, and recorded in a record kept for that purpose, (for which
the clerk shall receive twenty-five cents in each case, ) but the
lien of said payments shall not be considered as prior to judg-
ments rendered in the Circuit Courts of this State at the term of
said courts next succeeding the filing of the judgments rendered
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