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EXECUTIONS, FROM COURTS OF RECORD–Continued.

May issue for costs, or officers' fees, when not paid,
Shall issue for fines, forfeitures, and amercements,

199
May issue on supersedeas bonds, when supersedeas is set aside, 165
May issue on forthcoming or delivery bonds, when forfeited,
May issue on injunction bonds, when injunction is dissolved,
May issue on refunding bond given by defendant, on dissolution

of injunction, when injunction is made perpetual, .
May issue on replevin bonds, and bonds for trial of the right

of property in attachment, when forfeited,
Executions, how issued, dated, and tested, . 157, 278, 279
Issued in vacation, to bear teste on return-day of last execution, 163
To be returnable to first day of next term, . . . 157
To be returned by the sheriff three days before the term to

which they are returnable, . . . , 279
May run into any county, . .

160
Forms of the several writs of execution, and their returns, 157-8-9
To be issued on joint judgments, as against a several defendant, 159
Clerks shall endorse on executions a bill of the costs, 163, 191
If the first be not returned and executed, a second may issue, 159
In what cases new or alternative writs of execution, are allowed

for partial satisfaction, &c., .. . . 159, 161
On writ of elegit, defendant shall have the election of lands to
be extended, . .

. . 162
If tenant by elegit be evicted before full satisfaction, he may

have sci. fa. to revive his judgment, and sue out execution

for the residue, • • •
Where lands have been omitted out of the extent, judgment not

to be void,
Fi.fa. may issue where person dies in prison, charged in exe-

cution, . .
But not to reach lands, &c. sold bona fide after judgment for the

payment of creditors, .
Persons discharged from execution by privilege, shall return

when privilege ceases, . . .
Fi. fa. not to be levied on slaves, for sums under one hundred

dollars, if other property be produced, .
Names of slaves shall be certified on the execution, and record-

ed in court, .

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159-160

Venditioni exponas may issue to sell goods taken by fi. fa, and

not sold, . . .
Form of a venditioni exponas,
Sheriff shall provide sustenance for slaves and live stock taken

in execution, . . .
Defendant arrested on ca. sa. may discharge his body by ten-

dering personal property to the amount of the execution,
Proceedings in such cases,
Sheriffs shall levy all executions placed in their hands, make

sale of property, and pay the proceeds to the party entitled

to receive it, .
Shall levy on the property of the principal first, .
Shall receipt for money paid them, and endorse the items of

satisfaction on the execution, .
Surplus of sales shall in all cases be paid to the defendant. .
When an injunction is obtained, after levy, the money shall be

returned to the defendant,
Lands of nonresidents, how subject to execution, . .
All lands liable to satisfy executions from courts of record, .

.

163

EXECUTIONS, FROM COURTS OF RECORD-Continued.

Lands of estate where personal property is insufficient to pay

debts, how subjected to execution by judgment creditors, • 156
Property levied on, shall be released on tender of other pro-

perty, . .
How to proceed in cases of supposed fraudulent conveyance, 167
In what cases the judges are authorized to supersede execu-
tions, . . .

.

..
.

165, 246
Executions from court of record shall bind property of goods
from date of delivery to the officer,

165
Sheriff, &c. shall endorse on all executions when received, and
satisfy them in the same order,

. 166
Execution docket, how kept by the clerk, and what to specify, 83-4
Clerk shall enter returns of executions in docket, within three

days after made, or be liable to a motion, . . ib.
Shall keep execution docket on clerk's table, the whole term- ..

penalty sor failure, . . . . . 84
Priority of executions, .

. 165-6
Priority may be forfeited by refusing to indemnify the officer, 166
Property on leased premises, and crop raised thereon, how lia-

ble to execution, . . . . . .
What property is exempt from execution,
Right of property executed, how tried,

. 167 to 171
Proceedings for trial of the right of property, not to prevent a
levy on other property,

. 170
Property levied on may be released, on defendant's executing a
forthcoming bond, . .

. . 171, 172
Proceedings in case of forfeiture of bond, .

. ib. ib.
Certain persons not allowed the privilege of giving forthcoming

bonds, . . .
PROCEEDINGS AGAINST OFFICERS HOLDING EXECUTIONS.
Against the sheriff, &c.

For failing to levy execution, make sale of property, and

pay over the proceeds, . . . 163, 164
For failing to return execution, .

. 173, 279
For not paying over money collected, ..

173, 174
For not accounting for fines levied, . . 199, 200
For not levying money on execution, when practicable, 175,
For making a false return, . .

. 174-5
Court may attach officers failing to return execution, or to pay

over money recovered,
EXECUTIONS, FROM JUSTICES OF THE PEACE.

Shall not issue until five days after judgment, unless plaintiff

makes oath that he is in danger of losing his debt by delay, 295
Judgment not exceeding twenty dollars, may be stayed thirty

days; over twenty dollars, sixty days, the defendant giving
bond,

.. . · 294-5
Shall be executed and returned by a constable,

300
Levied on lands, to be returned to the circuit court-proceed-

ings thereon, .
Issued to another county, how certified,
In such cases to be returnable not less than thirty nor more than

ninety days from issuance,
Constable shall not take defendant's body for want of goods,
Justice shall not issue ca. 8a. unless expressly required by the
plaintiff, .

: . ib,

164

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D ADMINISTRA'Tops .

EXECUTIONS, FROM JUSTICES OF THE PEACE—Continued.

Constable shall release defendant's body, on tender of sufficient

property, .
Execution shall be a lien on property from the time of levy, 166
Constable shall endorse on executions when received ; and if

against the same individual, the order in which received,. ib.
Shall satisfy executions in order of priority ; and if property is

insufficient, divide the proceeds among executions received at

the same time,
Shall receipt for money paid, and endorse items of satisfaction

on execution, .
Right of property executed by constable, how tried and the pro-

ceedings thereon, . .
How tried when the execution has come from another county,
Constable may take forthcoming or delivery bond,
Delivery bond to be payable to the plaintiff, .
Proceedings on forfeiture of delivery bond,
Proceedings on forfeiture of delivery bond, when the execution

has come from another county, . . . . 170
PROCEEDINGS AGAINST CONSTABLES HOLDING EXECUTIONS.

For failing to return execution,
For failing to pay money collected, . . . 175, 300
For making a false return, . ..

For failing to make money on an execution, when practicable,
EXECUTION, SPECIFIC.

May be decreed by the circuit courts in chancery, and writ of :

possession awarded,
EXECUTORS AND ADMINISTRATORS.

Probate of wills and granting letters testamentary shall apper-
tain to the county court, . .

Of the county where the testator had a known residence, 449
If no residence, then of any county where lands are devised,
If there be neither known residence nor devise of lands, then

in the county where he died, or where the greater part of the

estate lies, ..
Or the county where any part of the goods and chattels, or

debtors may be, . . . . . .
Granting letters of administration shall belong to the county

court of the county where the intestate had a mansion or
known residence, or if he had none, to the court of the coun-
ty in which he died, or in which the greater part of the es-

tate lies,
Or of the county in which any part of the estate and debtors

may be, .
Letters testamentary and of administration, how issued and

tested, . .
May be granted in open court or in vacation, . .
Executor's and administrator's oath, .
Oath may be administered by the clerk in vacation, . ..
Their bond, .
Shall be payable to the chief justice of the county court, and

his successors in office, . . . 11
Bond, how proceeded upon,
On application for probate, or letters, a citation shall issue to the oth

widow or next of kin, . . . . . ,
Administrators may be appointed in cases of intestacy, and

where the executors appointed by will renounce the executor.
ship, or neglect for forty days to exhibit the will for probate, o

248, 251

EXECUTORS AND ADMINISTRATORS-Continued.
Administration shall be granted,

1. To the widow of the deceased, .
2. To the next of kin, or some of them,
3. To the principal creditor or creditors,
4. In default of them, to such other person or persons as

will accept it, .
5. In default of all others, or in case of vacancy, then to

the sheriff or coroner, officially, ..
An administrator with limited authority may be appointed,
Persons aggrieved by an order of the county court respecting

letters testamentary or of administration, may appeal to the
circuit court-proceedings in such cases,

, . . 250
Court may appoint administrator ad colligendum,

178
Suits commenced by administrator ad colligendum, shall pro-
ceed for the use of the administrator in chief, .

178-9
Executors and administrators shall have jurisdiction over the de-

cedent's estate, in any county in this state,
Not liable to be sued until six months after probate of the will,

or grant of letters of administration, . . . .
Nor any suit to be commenced or sustained against them, after

reporting the estate insolvent, (except for last sickness and
funeral expenses,) unless they consent to be sued,

. ib.
Suits commenced by or against executors or administrators, to
inure to their successors,

. . . 183
What contracts by executors and administrators are required to
be in writing, .

206
Liable to creditors for their respective shares after the appor.
tionment of insolvent estates, . . . .

152-3
Decrees on final settlement of their accounts to have the effect

of judgments, and each distributee or devisee may sue out

execution for his part, .
Guilty of a devastavit, if they do not apply for leave to sell lands

within three months after reporting the estate insolvent,
Shall pay interest on money of testator, &c. applied to their own

use, . . .
Shall return a sworn inventory of the estate within three months

after the appointment, and an account of sales in three months

after they are made,
Executor shall administer estate not included in the will, as in

case of intestacy, .
Wills, inventories, and accounts, shall remain in the clerk's of-
fice,

.
.

.
All documents relating to settlements with the court, to be re-

corded and preserved, .
Court shall appoint appraisers of the estate, who shall return ap-

praisement on oath, . . . . .
Appraisement subscribed and sworn to by executor or adminis-

trator, to be prima facie evidence of the value of the estate,
County court to audit accounts and report the same for allow-
ance to the next term, .

182
Judge to give forty days' notice of intended presentation, .. 252

And may render judgment for printer's fees, . .
How to obtain order of sale of lands when the personal estate

and dues are insufficient to pay the debts, or for the purpose

of making a more equitable division among the heirs, 180, 181
Proceedings thereon, .

, 181-2

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178

EXECUTORS AND ADMINISTRATORS—Continued.

Executors and administrators shall give security before receiv-

ing bonds or money after sale by commissioners, . 181
Lands, how sold, and upon what notice and terms, .

181-2
Executor may sell lands directed by will to be sold, if no one be

appointed for that purpose, or dies before completing it, 450
How compellable to complete titles for which the executor or

administrator gave bond in his lifetime, .
Not required to plead specially, but may give any mattter in evi-

dence, and in the general issue, . .
Not to be held to bail, when sued as such,
For what causes they may be required to give further securi-

, 177, 178
In such case, court may order first securities to be discharged

entirely, or from the time of taking the new security, . 178
Executors and administrators may resign, . . . 179
For what causes they may be removed by the court, 177, 178
Removed, accountable to successor for assets, . . .
May have actions of account against each other in eertain cases,
Not to take estate at its appraised value, . . .
How to obtain order of sale of personal estate, and mode of sell-

ing it,
Court may authorize crop to be disposed of at private sale,
Executors and administrators shall notify creditors to present

their claims, by advertisement in some public newspaper,
Sales by, not to commence before twelve meridian, nor continue

longer than five P. M., but may be adjourned from day to

day, .
May be attached for failing to appear and settle their accounts

when cited, .
Securities not chargeable beyond assets by mispleading of exe-
cutor or administrator, .

184
Debtor appointed executor, no extinguishment of the debt,
How made parties to suits of their testator or intestate, . 259
When made parties, entitled to a continuance until next term,. ib.

What suits shall survive against them—See “ Abatement."
EXILE.

No citizen shall be exiled, . . . . . xxxi.
EXTORTION.

Penalty for taking unlawful fees, or fees when no services have
been rendered, .

191, 193
Assessor and collector, receiving more than due, to forfeit
three-fold. .

413-414
FACTS-See" Charges to Juries," “ Trials

idence."
FAILURE OF COURT—See “ Courts.”
FAIRS.

Sales at fairs excepted from the laws against hawkers and ped-
lers,

409 (note.)
FALSE SAMPLE OF COTTON-See “ Frauds."
FAMILIES OF CRIMINALS_See “ Poor.”
FEE-SIMPLE.

All grants, conveyances, and devises, to be deemed of estates in
fee-simple, unless an inferior estate is expressly limited,

. 94
FEES–See "Costs."
Of arbitrators and referees,

32, 34
Of clerks in cases of arbitration, and by whom paid, .

33
Of clerk of the supreme court, .

. .

187

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