Chap. 52.—An ACT to amend and re-enact the 8th section of chapter 150
of the Code of 1860, in relation to Justices’ Executions.

Passed January 11, 1867.

1. Be it enacted by the general assembly, That the eighth
section of chapter one hundred and fifty of the.Code of
eighteen hundred and sixty, be amended and re-enacted so as
to read as follows:

Ҥ8. The justice rendering any judgment may issue a a writ
of fieri facias therein immediately, if there be not a new trial
granted, nor an appeal allowed, nor a stay of execution.
And where there is such stay of execution, if the judgment
be not paid within the forty or sixty days, as the case may
be, a writ of fieri facias shall thereupon be issued by a justice
against the party and his surety, jointly, on which no security
shall be taken. When the judgment is for personal property,
the plaintiff may, at his option, have a writ of possession for
the recovery of the specific property, and a writ of fieri
facias for the damages and costs; and if the writ of posses-
sion prove ineffectual, a writ of fieri facias for the alternhtive
value; said writ of possession to be directed to, executed
and returned by the same officer who would execute the writ
of fieri facias.”

2. This act shall be in ferce from its passage.

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