thereof the said defendant, shall not be bound, to answer to any such warrant at the return day, but the same shall stand, continued, until the next succeeding term of such justices' court. SEC. 22. And be it further enacted, That all acts and Repealing parts of acts, contravening the provisions of this act, be, clause." and the same are hereby repealed. Approved, December 15, 1830. AN ACT, to amend an act, entitled 'an act to reduce into one, the several acts concerning executions, and for the relief of insolvent debtors;' passed June 22, 1822. SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly convened, That so much of the twenty-fifth section of the above recited act, as requires the person or persons, not party to any execution under which property may be taken or surrendered as specified in said section, who may claim title to, or an interest in any such property, to give bond in a penalty of double the amount of such execution and costs, in order to a postponement of the sale of said property, and the trial of the claimant's right thereto be so amended as to require said bond to be given in a penalty equal to double the amount of the fair value of the property so claimed by such person or persons, and in respect to which a trial of the right of the claimant or claimants, may be desired and sought, under the provisions of said section, which value shall be estimated by the sound discretion of the officer holding said execution or executions, and said officer shall endorse on said execution or executions, the estimated value, as aforesaid, of said property. Amerdatory clause. ings judgments SEC. 2. And be it further enacted, That farther proceedings under the judgments or executions under which any Proceed such claim of property may be made, as provided by said under twenty-fifth section, shall only be stayed till the final deci- stayed. sion of any such claim or claims, for an amount equal to the estimated value of said property, as endorsed by said Duty of clerk. made Privileges officer, on the execution or executions, as required in the preceding section, and on all renewals of such execution or executions, prior to the final determination of the issue or issues for the trial of said claim or claims, the amount of the estimated value of the property, for which such execution or executions are so stayed, shall be endorsed by the clerk, for the government of the officers to whom such renewed executions may be directed. SEC. 3. And be it further enacted, That after an issue or Issues issues may be made up for the trial of the right of any and tried. property so claimed as aforesaid, according to the provisions of the twenty-fifth section of the act to which this is an amendment, such issue or issues shall be tried and governed by the same rules which regulate and govern the trial of an issue in an action of detinue, and either party to of the par- such issue shall have all the rights of continuances, new trials, appeals, or writs of error, upon the same terms that such rights are extended to the parties to an action of detinue; and the final judgment given on any such issue, shall have the like effect on the rights of the parties to said issue, as such judgment would receive, if the same had been given in an action of detinue. ties. SEC. 4. And be it further enacted, That the twentyRepealing sixth section of the act to which this is an amendment, be, clause, and the same is hereby repealed. up at first SEC. 5. And be it further enacted, That the default of If issue the plaintiff, or plaintiffs in the execution or executions not made under which any such claim of property were made on term, clai- issue, be not made up for the trial of right of said property, discharged at the first term of court to which such execution or exefrom bond, mant to be cutions were returnable, said court shall discharge the claimant or claimants from the bond given as aforesaid, for the trial of such right; and said property shall never thereafter be subject to such execution or executions: but, if from the default of the claimant or claimants, such issue be not made up as aforesaid, at the first term of said court, Or court then, and in that case, said court shall order a jury to be may impannel jury and empannelled at the instance of the plaintiff or plaintiffs, in any such execution or executions, who shall be immediateinquiry. ly sworn to execute a writ of inquiry as to the value of execute writ of the property claimed and specified in the bond of the claimant or claimants in said case, and also to inquire whether or not such claim was made for fraudulent purpose or purposes of delay. assess value SEC. 6. And be it further enacted, That in every case of the trial of an issue, under the provisions of this act, Jury to and the act to which this is an amendment, the jury trying of property. such issue, in the event of their finding such issue in favour of the plaintiff or plaintiffs, in the execution, shall assess the true value of the property so found subject to said execution, and shall also certify whether the claim of the claimant or claimants of said property, was made for fraudulent purposes, or for purposes of delay. Court to pronounce and award SEC. 7. And be it further enacted, That whenever a verdict shall be rendered in any such case, either on an issue joined, or an inquiry by default, in favour of the judgment plaintiff or plaintiffs, in such execution it shall be the duty execution. of the court in which such verdict may be rendered, to pronounce such judgment as would be pronounced in an action of detinue, for the specific property, if to be had, and if not, for its value, as assessed by the jury, and execution shall issue accordingly, and in all cases the assessment made by the jury of the value of the property, shall determine the amount of credit to be given on the execution or executions originally levied on said property; and, in all cases where the value of the property so levied on, may be assessed at an amount greater than sufficient to satisfy said original execution or executions, the true amount due under said original execution or executions shall be endorsed by the clerk on any execution that may be sued out on the judgment against said claimant or claimants, and the amount so endorsed, shall be received in full satisfaction. thereof; and in all cases where the jury find that such claim was made for fraudulent purposes, or purposes of delay, the plaintiff or plaintiffs in said original execution, shall recover ten per centum damages on the assessed value of said property, for which execution shall issue in addition to the amount for which he is authorized to have execution by this act. Duty of clerk. Damages. ! Duty of clerk made Privileges officer, on the execution or executions, as required in the preceding section, and on all renewals of such execution or executions, prior to the final determination of the issue or issues for the trial of said claim or claims, the amount of the estimated value of the property, for which such execution or executions are so stayed, shall be endorsed by the clerk, for the government of the officers to whom such renewed executions may be directed. SEC. 3. And be it further enacted, That after an issue or Issues issues may be made up for the trial of the right of any and tried. property so claimed as aforesaid, according to the provisions of the twenty-fifth section of the act to which this is an amendment, such issue or issues shall be tried and governed by the same rules which regulate and govern the trial of an issue in an action of detinue, and either party to of the par- such issue shall have all the rights of continuances, new trials, appeals, or writs of error, upon the same terms that such rights are extended to the parties to an action of detinue; and the final judgment given on any such issue, shall have the like effect on the rights of the parties to said issue, as such judgment would receive, if the same had been given. in an action of detinue. ties. SEC. 4. And be it further enacted, That the twentyRepealing sixth section of the act to which this is an amendment, be, clause, and the same is hereby repealed. not made SEC. 5. And be it further enacted, That the default of If issue the plaintiff, or plaintiffs in the execution or executions up at first under which any such claim of property were made on term, clai- issue, be not made up for the trial of right of said property, discharged at the first term of court to which such execution or exe mant to be from bond, cutions were returnable, said court shall discharge the claimant or claimants from the bond given as aforesaid, for the trial of such right; and said property shall never thereafter be subject to such execution or executions: but, if from the default of the claimant or claimants, such issue be not made up as aforesaid, at the first term of said court, Or court then, and in that case, said court shall order a jury to be may impannel jury and empannelled at the instance of the plaintiff or plaintiffs, in execute any such execution or executions, who shall be immediateinquiry. ly sworn to execute a writ of inquiry as to the value of writ of the property claimed and specified in the bond of the claimant or claimants in said case, and also to inquire whether or not such claim was made for fraudulent purpose or purposes of delay. to assess value SEC. 6. And be it further enacted, That in every case of the trial of an issue, under the provisions of this act, Jury and the act to which this is an amendment, the jury trying of property. such issue, in the event of their finding such issue in favour of the plaintiff or plaintiffs, in the execution, shall assess the true value of the property so found subject to said execution, and shall also certify whether the claim of the claimant or claimants of said property, was made for fraudulent purposes, or for purposes of delay. Court to pronounce and award SEC. 7. And be it further enacted, That whenever a verdict shall be rendered in any such case, either on an issue joined, or an inquiry by default, in favour of the judgment plaintiff or plaintiffs, in such execution it shall be the duty execution. of the court in which such verdict may be rendered, to pronounce such judgment as would be pronounced in an action of detinue, for the specific property, if to be had, and if not, for its value, as assessed by the jury, and execution shall issue accordingly, and in all cases the assessment made by the jury of the value of the property, shall determine the amount of credit to be given on the execution or executions originally levied on said property; and, in all cases where the value of the property so levied on, may be assessed at an amount greater than sufficient to satisfy said original execution or executions, the true amount due under said original execution or executions shall be en- Duty of dorsed by the clerk on any execution that may be sued out on the judgment against said claimant or claimants, and the amount so endorsed, shall be received in full satisfaction. thereof; and in all cases where the jury find that such claim was made for fraudulent purposes, or purposes of delay, the plaintiff or plaintiffs in said original execution, shall recover ten per centum damages on the assessed value of said property, for which execution shall issue in addition to the amount for which he is authorized to have execution by this act. clerk. Damages. |