rendered by any court in this state, the court before which any such action is cognizable shall (unless satisfactory cause be shown to the contrary,) render judgment in favor of the plaintiff in such action, for the amount of the original judgment, and all charges thereon, with legal interest and costs. (Sec. 2 of No. 30 of 1842.)

IMPRISONMENT OF DEBTORS.

SECT. 66. No female shall be arrested or imprisoned by virtue of any mesne process, which shall issue in an action founded on contract, nor by virtue of any execution which shall issue on a judgment recovered in any such action. (Sec. 62 of R. S.)

SECT. 67. No person, who is a resident citizen of this state, shall be arrested or imprisoned by virtue of any mesne process, which shall issue in an action founded on a contract, express or implied, made or entered into after the first day of January, in the year one thousand eight hundred and thirty-nine, nor by virtue of an execution, issued on a judgment recovered in an action founded on any such contract; provided, that if the plaintiff, his agent or attorney, praying out a writ on any contract made after the first day of January, A. D. 1839, shall file with the authority issuing such writ, an affidavit stating that he has good reason to believe, and does believe, that the defendant is about to abscond or remove from the state, and has secreted about his person or elsewhere, money, or other property, to an amount exceeding twenty dollars, or sufficient to satisfy the demand upon which he is to be arrested, such writ may issue as an attachment against, and be served upon the body of the defendant. (Sec. 63 of R. S. as amended by No. 43 of 1846.)

SECT. 68. The term "writ" in the proviso to section sixty-three of chapter twenty-eight of the Revised Statutes, (§ 67 of this chap.) shall be construed to include writ of execution as well as original writ. (No. 9 of 1843.)

SECT. 69. If the plaintiff, praying out a writ in any action against an attorney, shall file with the authority, issuing such writ, an affidavit, stating that the defendant is the receiver of money collected by him, for the plaintiff, in the capacity of an attorney, which the defendant has neglected or refused to pay over on demand, and that his said action is instituted to recover the same, such writ may issue as an attachment against, and be served upon the body of the defendant. (Sec. 2 of No. 30 of 1845.)

SECT. 70. Whenever any writ shall issue as an attachment against the body, as provided in section sixty-three of said chapter twenty-eight, (§ 67 of this chap.) and the act construing the term "writ," passed November first, one thousand eight hundred and forty-three, (§ 68 of this chap.) the debtor or defendant in said writ may, at the time of the service thereof on his body, notify the officer serving the same, and cause notice immediately to be given to the other party, that he will forthwith on such notice being given appear, and thereupon he may appear, before the authority signing such writ, and submit himself to examination on oath, and witnesses and other proofs may be introduced by the parties in said writ, on the question whether said debtor or defendant is about to

abscond from the state, and has secreted about his person or elsewhere money or other property; and if the authority signing said writ shall not be of opinion that the said debtor or defendant is about to abscond from the state, and has secreted about his person or elsewhere money or other property, such authority shall so certify on said writ, and said writ shall thereafter have the same force and effect as if it had originally issued as an attachment against the property and not against the body of said debtor or defendant. (Sec. 1 of No. 28 of 1845.)

SECT. 71. The proceeding provided for in the preceding section shall be minuted on said writ, with the costs of said proceeding, which costs shall be taxed at the same rates as by law may be taxed in cases brought before, and tried by, a justice of the peace; and if said writ shall be mesne process, the said costs shall be added to and made part of the costs to be paid by the party against whom final judgment shall be rendered in the suit, if the said opinion of such authority on the question aforesaid shall be against the same party; but if, on the question aforesaid, said opinion shall be against the party by whom judgment shall be recovered in the said writ, the sum of damages and costs recovered by such judgment shall be applied by the court rendering such judgment in payment of the costs of the said proceeding provided in the preceding section, and the party in whose favor the balance shall stand, after such application, may have execution for such balance as upon final judgment, for such sum against the other party. (Sec. 2 of No. 28 of 1845.)

SECT. 72. If the proceeding provided in said section one (§ 70 of this chap.) shall be had upon a writ of execution, and the said opinion of the authority signing the same shall be in favor of the creditor in said execution, the said costs of said proceeding, being so minuted thereon as aforesaid, shall be collectable by virtue of said execution in the same manner as the sum for which said execution was issued; but if said opinion shall be against such creditor, the said costs, being so minuted as aforesaid, shall be deemed to be deducted from the sum in damages and costs for which said execution was issued, and the said execution shall be of force only for the collection of the balance after the deduction of said costs as aforesaid; provided, that if said costs against the creditor of such proceeding on said execution, exceed the amount for which such execution issued, the said execution shall be endorsed by said authority as satisfied, and said authority may issue execution for any balance against such creditor in the same manner as upon final judgment. (Sec. 3 of No. 28 of 1845.)

SECT. 73. If any person shall be arrested upon mesne process, who shall be privileged from such arrest, and shall, at the time of such arrest, make known to the person arresting him his said privilege, and shall claim the same, he may, in addition to the other modes of relief provided by law, plead such facts in abatement of such process. (Sec. 1 of No. 4 of 1849.)

SECT. 74. If any person shall be arrested upon execution, issued in any civil cause, who shall be privileged from such arrest, and shall make known to the person so arresting him his said privilege, and shall claim the same, the giving of a jail bond upon such exe

cution shall not be deemed any waiver of such privilege; but such facts shall constitute a sufficient defence to any action for the breach of the condition of said bond. (Sec. 2 of No. 4 of 1849.)

SECT. 75. The person making any such arrest shall state, in his return of service of such process or execution, that the person so arrested made known to him such privilege from arrest, and claimed the same. (Sec. 3 of No. 4 of 1849.)

SECT. 76. When final judgment shall be rendered by any court on a contract, express or implied, the debtor may appear before such court, during the term at which the judgment is rendered, or, if rendered by a justice, within two hours after the rendition thereof, and submit himself to be examined on oath, touching his situation, circumstances and property. (Sec. 64 of R. S.)

SECT. 77. If the court, after the examination of the debtor, and hearing such evidence as may be produced by the creditor, shall adjudge that the debtor would be entitled to the benefit of the poor debtor's oath, if he was confined in jail on execution, such court shall administer to the debtor an oath substantially in the form prescribed for poor debtors in jail, with such variations as the nature of the case requires, and, in such case, no execution against the body of the debtor shall issue on such judgment. (Sec. 65 of R. S.) SECT. 78. When the debtor shall appear before a justice, and submit himself to be examined, as aforesaid, such justice may continue the suit for further hearing, not exceeding twelve days. (Sec. 66 of R. S.)

SECT. 79. If, after such examination and hearing, it shall be adjudged by the court, that the debtor is not entitled to the benefit of the oath aforesaid, the creditor's costs, on such examination, shall be added to the cost in the original judgment. (Sec. 67 of R. S.)

FINAL PROCESS.

SECT. 80. The supreme and county courts, respectively, may issue execution in due form of law on every final judgment rendered by such court, which shall be made returnable within sixty days from the date thereof, or at the next term of such court, (if not less than sixty days) at the election of the party. (Sec. 40 of R. S.)

SECT. 81. No execution shall issue on any judgment rendered by either of the courts aforesaid, until twenty-four hours after the rising of the court, unless by special permission of such court. (Sec. 41 of R. S.)

SECT. 82. The name of an attorney of record for the plaintiff, and for the defendant, if any, shall be endorsed on the back of every such execution, by the officer signing the same. (Sec. 42 of R. S.)

SECT. 83. Personal property attached on mesne process, shall be held to respond the judgment rendered on such process thirty days from the time such judgment shall be rendered, and unless the plaintiff shall, within thirty days from the time of rendering final judgment, take such property in execution, the same shall be discharged from such process, and real estate, attached on such process, shall be held five calendar months after the rendition of final judgment and no longer, unless such personal property or real estate

shall be incumbered by a prior attachment, in which case such personal property shall be held thirty days, and such real estate, five calendar months after such incumbrance is removed. (Sec. 19 of R. S.)

SECT. 84. The day, on which the plaintiff shall first by law, without leave of the court, be entitled to an execution on any judgment rendered in his favor, shall be deemed the time of rendering such judgment in all cases, so far as relates to holding property attached on mesne process, and the charging of any person, as bail, for delivering up the body of the principal. (Sec. 20 of R. S.)

CHAPTER 32.

PROCEEDINGS AGAINST TRUSTEES.

COMPILED FROM

Chap. 29 of the Revised Statutes, pp. 188-197.

30. Goods tendered on contract, to be held on EFFECT OF A JUDGMENT AGAINST OR THE

32. If for other purposes than the payment of 58.

34. I rustee may sell goods, if authorized by 59. Trustee allowed costs.

36. Goods, in hands of trustee, accidentally 61. Trustee's fees for travel and attendance be

48. Disclosure not to be used as evidence in 76. Notice, in such case, when and how served.