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CHAP.
XIX.
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come before any one of the Judges of the judicial districts within which such person or persons re-
spectively reside, or before any two of the justices of the peace of the county in which such person
or persons shall respectively reside, and, together with not less than two other persons, such as, the
laid judge or justices shall approve of confess judgment for the debt or damages, and costs of suit, ad-
judged or decreed, which confession shall be in manner and form following: "You A. B, C, D, and E.
F, do jointly and severally confess judgment to G. H, for the sum of ——., and costs, which were re-
covered by the said G. H. against the said A. B. on the —— day of ——, in the year of our Lord
one thousand ——, in the —— court, or, (is the case may be, ) before —— ——, Esquire, one of the
justices of the peace in and for —— county; the said sum of money, and costs, to be levied of your
bodies, goods or chattels, lands or tenements, for the use of the said G. H, in case the said A. B.
shall not pay and satisfy to the said G. H. the said sum of money, and costs, so as aforesaid recovered,
with additional costs thereon; " which confession shall be signed by the judge or justices before
whom the same shall be made, and he or they, as the case may be, shall immediately on taking the
same grant a certificate thereof, under his or their hand and seal, to the party confessing the judge-
ment, and such certificate shall be sufficient authority to the sheriff, coroner or constable, as the
ease may be, to forbear serving the execution on the body, goods or chattels, lands or tenements, of
the person so obtaining such certificate; and that if any person now in execution, or who hereafter
shall be taken in execution, or whose goods or chattels, lands or tenements, are now or hereafter shall
be taken in execution, during the continuance of the said act of congress, and of the several supple-
ments thereto, or within six months after the repeal thereof, shall obtain a certificate in manner
aforesaid, such certificate, so obtained, and delivered to the sheriff, or coroner or constable, (as the
case may be, ) shall be a sufficient authority to the sheriff, coroner or constable, fas the case may
be, ) to release such person or persons from confinement upon that execution, or restore and deliver
the goods or chattels, lands or tenements, so taken in execution, to the person or persons against
whom such execution may have issued, such person or persons giving to the sheriff, coroner or con-
stable, as the case may be, sufficient security for the poundage or other fees due upon any such exe-
cution, and provided the goods or chattels, lands or tenements, so taken in execution, were not sold
before the said certificate was delivered to the sheriff, coroner or constable, (as the case may be; )
and the judge or justices before whom the judgment shall be confessed as aforesaid, shall, within thir-
ty days thereafter, under the penalty of ten dollars for every neglect, and a further sum of three
dollars for every day that he shall continue such neglect, after the expiration of the said thirty days,
return the same to the clerk or register, (as the case may be, ) of the respective courts where the
said judgment or decree was obtained, there to be recorded, for which recording such clerk or regis-
ter shall receive as a fee eight cents, and in case the said confession was on the judgment of a jus-
tice of the peace, then such confession of judgment shall be returned to the clerk of the county
where the said justice may reside, to be by him recorded, and for the recording of which he shall be
entitled to receive eight cents; which said penalty may be recovered 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
judge or justices shall reside.
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When plaintiff
may sue out ex-
ecution, &c.
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II. AND BE IT ENACTED, That from and after the expiration of six months after the repeal of
the said act of congress, and of the several supplements thereto, and not before, and at any time
within one year thereafter, it shall and may be lawful for the plaintiff or plaintiffs to sue out execu-
tion on judgments so as aforesaid confessed, or judgment so as aforesaid superseded, without suing out
a scire facias, or being subject to further delay, against the principal, his securities, or either of
them, any law to the contrary notwithstanding.
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In ease of a de-
cree, no sale to
be made, &c.
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III. AND BE IT ENACTED, That in any case in which a decree for foreclosure and sale of mort-
gaged property has been, or shall be obtained, in any court of equity, or courts of law exercising
equitable jurisdiction, within this state, no sale shall take place thereon during the continuance of
the said act of congress, and of the several supplements thereto, or within six months after the re-
peal, thereof; provided, that the mortgagor or mortgagors, or those claiming under him, her or
them, if of full age, or such of them as are of full age, shall annually, if required, pay or give bond
to the mortgagee or mortgagees, his, her or their executors, administrators and assigns, with a se-
curity ar securities, to be approved of by the chancellor, one of the judges of the judicial district,
or two justices of the peace of the county wherein the mortgaged premises may be, for one-year's
interest en the amount of the claim secured by such mortgage, which said interest shall nevertheless
continue a lien upon said mortgaged property; and in case the said mortgaged property shall consist
of personal goods and chattels, that a bond shall likewise be given, with security to be approved of
as aforesaid, in the penal sum of twice the amount of the mortgaged debt, conditioned that such
property shall not he wasted or concealed, but that the same shall be forthcoming upon any further
order of said court.
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