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Precedence of several executions.

Several executions or attachments.

Execution or attachment from court

ments, levied upon by such execution, shall be bound from the time of such levy.

SEC. 7. If there be several executions issued out of a court of record, against the same defendant, that which shall have been first delivered to the officer to be executed shall have preference notwithstanding a levy may be first made under another execution, but if a levy and sale of any goods or chattels shall have been made under such other execution, before an actual levy under the execution first delivered, such goods or chattels shall not be levied upon or sold by virtue of such first execution.

SEC. 8. If there be one or more executions, and one or more attachments against the property of the same person, or if there be several attachments, the same rule prescribed in the last section shall prevail in determining the preference of such execution or attachment.

SEC. 9. But any execution or attachment issued out of any court, not being a court of record, if actually levied, shall not of record. have preference over any other execution or attachment issued out of any court, whether of record of [or] not, which shall not have been previously levied.

May be issued to sheriffs of different counties.

Execution against body and property.

Sale, how made.

Command of execution.

Against

partnership associations.

SEC. 10. Executions, whether against the property of any person, or against the body of any person, for the collection of judgments and decrees of courts of record in this State, may be issued at the same time to sheriffs of different counties and enforced therein by them, but no execution against the body of any person shall issue, while there is an execution against his property not returned, nor shall an execution against the property of any person be issued while there is an execution against his body unreturned, unless by order of the court rendering such judgment or decree.

SEC. 11. In case of levies made on more than one of such executions provided for in the foregoing section, sale shall only be made on one execution at a time and under the direc tion of the plaintiff's attorney. And no more sales of the property shall be made than is necessary to satisfy such judgment or decree.

SEC. 12. Executions to authorize the sale of real estate shall command the officer to whom they are directed that of the goods and chattels of the person against whom such execution shall issue, in the county of such officer, he shall cause to be made the debt, damages or other sum of money, and costs, for which the judgment was rendered; and if sufficient goods and chattels cannot be found, that then he cause the amount of such judgment to be made of the real estate of the person against whom such judgment was rendered within such county.

SEC. 13. Executions against partnership associations, and the individual members of such associations, shall be subject to the provisions of section two of act one hundred ninety-one of the Public Acts of eighteen hundred seventy

seven, the same being compiler's section six thousand eighty of the Compiled Laws of eighteen hundred ninety-seven.

SEC. 14. If upon an appeal, a recovery for a debt or dam- Execution ages be had by one party, and costs be awarded to the other for balance. party, execution shall issue only in favor of the party to whom there shall be a balance due for the amount of such

balance.

SEC. 15. Executions between the same parties may be set set off of off one against another, if required by either party, in the executions. manner, and subject to the provisions mentioned in the following sections.

execution

officer.

SEC. 16. When one of the executions is delivered to an Second officer to be served, the person who is the debtor therein may delivered deliver his execution to the same officer, whether the second to same execution is directed to the same or any other officer, and the officer shall apply it, as far as it will extend, to the satisfaction of the first execution, and make an endorsement of such application on each of said executions, and the balance Collection due on the larger execution may be collected and paid in the of balance. same manner as if there had been no set-off.

SEC. 17. Such set-off shall not be allowed in the following When set-off

cases:

1. When the creditor in one of the executions is not the debtor in the other, in the same capacity and trust;

2. When the sum due on the first execution shall have been lawfully and in good faith, assigned to another person, before the creditor in the second execution became entitled to the sum due thereon;

3. When there are several creditors in one execution, and the sum due on the other is due from a part of them only; 4. When there are several debtors in one execution, and the sum due on the other is due to a part of them only;

5. Nor shall it be allowed as to so much of the first execution as may be due to the attorney in that suit, for his taxable fees and disbursements.

not allowed.

creditor.

SEC. 18. Whenever there shall be any reasonable doubt as Indemnity by to the ownership by a judgment debtor of any goods or chat judgment tels, or as to their liability to be taken upon an execution, the officer holding such execution may require of the judgment creditor sufficient security to indemnify him for taking such goods and chattels thereon; and if such security be refused, such officer shall not be liable for omitting to take such goods or chattels.

of names of

served.

SEC. 19. Where judgment is rendered in form against two Indorsement or more joint defendants, if process was not served upon defendants all of such defendants, the execution issued thereon shall have not personally endorsed thereon the names of such defendants as were not served with process, and such execution shall not be served upon the person, nor shall it be levied upon the sole property of any such defendant, but it may be levied upon any personal property owned by him as a partner with the other defendants who were served, or with any of them.

Interest.

Proviso,

different rate.

Death of

officer before completion of service.

Completion of service after return day.

When defendant in custody.

Surrender after

judgment.

Discharge of defendant.

When execution against body to issue.

SEC. 20. When execution shall be issued upon any judgment or decree, interest on the amount thereof from the time of entry of the same until such amount shall be paid, shall be collected at the rate of five per cent per annum: Provided, That on a judgment or decree rendered on any written instrument having a different rate, if such rate was legal at the date of the execution of such instrument, the interest shall be computed at the rate specified in such instrument.

SEC. 21. When an officer shall have begun to serve an execution and shall die, or be incapable of completing the service and return thereof, the same may be completed by any other officer who might by law have executed the same if originally delivered to him; and if the first officer shall not have made a certificate of his doings, the second officer shall certify whatever he shall find to have been done by the first, and shall add thereto a certificate of his own doings in completing the service.

SEC. 22. When an officer shall have begun to serve an execution issued out of any court of record, on or before the return day of such execution, he may complete the service and return thereof after such return day.

SEC. 23. When any defendant at the time judgment shall be rendered against him, in any court of record, shall be in the custody of the sheriff or other officer, either upon process in the suit in which such judgment shall have been rendered, or upon being surrendered in discharge of his bail in such suit, the plaintiff in such judgment shall charge such defendant in execution thereon, within twenty days after such judgment shall have been obtained.

SEC. 24. When any defendant shall be in custody upon a surrender in discharge of his bail, made after a judgment obtained against him, and such bail shall be thereupon exonerated, the plaintiff in such judgment shall charge such defendant in execution thereon, within twenty days after such surrender, or if an execution against the property of such defendant shall have been issued, within twenty days after the return day of such execution.

SEC. 25. If any plaintiff shall neglect so to charge any defendant in execution, as required by the two last preceding sections, such defendant may be discharged from custody by a supersedeas, to be allowed by any judge of the court in which such judgment shall have been obtained, unless good cause to the contrary be shown; and after being so discharged, such defendant shall not be liable to be arrested upon any execution which shall be issued upon such judgment.

SEC. 26. In those cases in which bail shall have been taken on the arrest of a defendant, and the bail bond shall have been assigned to the plaintiff; and in those cases in which special bail shall have been filed, no execution shall issue against the body of the defendant in such action, until an execution against the goods and chattels, lands and tenements of such

defendant, shall have issued to the sheriff or other proper officer of the county in which such defendant was arrested, and shall have been returned unsatisfied, in whole or in part. SEC. 27. But if the defendant be imprisoned on execution in Defendant imprisoned. another cause, or upon process in the same action, or upon the surrender of such defendant in exoneration of his bail in such action, or if an execution shall have been returned unsatisfied in the cases mentioned in the last section, an execution may, in either case, issue against the body of such defendant.

taken, no

SEC. 28. When the body of a party shall have been taken When body on an execution issued for that purpose, no other execution other execucan be issued against him or his property, except in cases specially provided for by law.

tion to issue.

SEC. 29. But if any person who shall have been taken on Escape. an execution shall escape, he may be retaken by a new execution against his body, or an execution against his property may be issued, in the same maner as if no execution had been previously issued against the body or the property of such person.

defendant.

SEC. 30. Whenever any person shall be arrested by virtue Custody of of any execution issued upon any judgment, he shall be safely kept in secure custody, in the manner prescribed by law, at his own expense, until he shall satisfy the execution, or be discharged according to law.

surrendered.

SEC. 31. Every person surrendered in exoneration of his Person bail shall be kept in like manner, until he shall satisfy the judgment rendered against him, or be discharged according to law.

SEC. 32. If any person taken in execution against his body Death of shall die while so charged, the judgment upon which such person taken. execution issued shall not be deemed to be extinguished, but may be certified to the judge of probate, and shall be paid in the course of administration in like manner as if no execution had issued on such judgment.

of proceed

SEC. 33. When an execution shall have been issued, an Effect of stay order to stay proceedings thereon, granted by a circuit court ings. commissioner, shall not prevent a levy on property by virtue

of such execution, but shall only suspend a sale thereon until the decision of the proper court upon the matter.

SEC. 34. Nor shall any such commissioner grant any order Bond for stay. to stay proceedings on any execution against the body of a defendant, unless such defendant shall have executed to the plaintiff, and delivered to such commissioner a bond for the use of such plaintiff in a penalty double the amount required to be collected by such execution, with two sufficient sureties, who shall swear that they are each worth the amount of such penalty, over and above all debts, and property exempt from execution, conditioned that such defendant shall be found within the county to which such execution was directed, so as to be arrested upon any execution that may be issued

Bond, where filed.

What stated

in order

to stay.

Abstract

books, etc., liable to execution.

Gold or silver coin.

Bills or other
evidences
of debt.

Sale subject to lien.

Purchaser

to perform conditions of pledge.

Executions against corporations.

Chattels, real or personal.

What property exempt.

against his body upon the same judgment, within six months from the date of such bond.

SEC. 35. Such bond shall be filed by the commissioner in the office of the clerk of the court from which such execution shall have issued, within twenty days after the same shall have been taken; and shall be delivered by such clerk to the person in whose favor the execution was issued, whenever the condition thereof shall be broken.

SEC. 36. In every order to stay proceedings on an execution against the body, the fact of a bond having been given according to law shall be stated; and if not so stated, such order shall be void.

SEC. 37. All abstract books, maps, plats, charts and other records owned or kept by any person, co-partnership or corporation for the purpose of furnishing abstracts or information concerning the title to lands in this State shall be liable to seizure and sale on execution in like manner as other personal property.

SEC. 38. Current gold or silver coin may be taken in execution, and paid to the creditor as money collected, and shall not be exposed to sale thereon.

SEC. 39. Any bills or other evidences of debt, issued and circulated as money, may be taken in execution and paid to the creditor at their par value as money collected, if he will accept them, otherwise they shall be sold as other chattels.

SEC. 40. When goods or chattels shall be pledged by way of mortgage or otherwise, for the payment of money, or the performance of any contract or agreement, such goods or chattels may be levied upon and sold on execution against the person making such pledge, subject to the lien of the mortgage or pledge existing thereon; and the purchaser at such sale shall be entitled to pay to the person holding such mortgage or pledge the amount actually due thereon, or otherwise perform the terms and conditions of the pledge, at any time before the actual foreclosure of such mortgage or pledge, and on such payments or performance, or a full tender thereof, shall thereupon acquire all the right, interest and property which the defendant in execution would have had in such goods or chattels if such mortgage or pledge had not been made.

SEC. 41. Executions against corporations, when levied upon any corporate property, shall be levied in the same manner as other executions are levied, except in cases otherwise provided by law.

SEC. 42. All chattels, real or personal, and all other goods liable to execution by the common law, may be taken and sold thereon, except as is otherwise provided by law.

Exemptions.

SEC. 43. The following property shall be exempt from levy and sale under any execution, or upon any other final process of a court:

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