EVIDENCE-Continued. Transcripts of justices' judgments, to be sufficient evidence to In suits against Indians, the consideration of the contract shall 294 225 Clerk's receipt for costs, to be evidence in a suit against the at- 276 Writing on which suit is founded, to be received as evidence of 283 Plaintiff need not prove assignment unless defendant accom- 283-4 Private acts of assembly may be given in evidence, from the Certificates issued by registers of land offices, commissioners, 284 283 ib. ib. 258 Party may be witness in contracts under the acts against fraudu- 111 Oaths of the parties may be taken before justices of the peace, 294 Parties may be witnesses in usurious contracts, 437 Persons exhibiting claims against insolvent estates, may be ex- 153 On reference of accounts to master in chancery, parties may 289 How to prove condition of fence, on suit against the owner of 193 205 360 361 ib. How to take down evidence in forcible entry and detainer, Overseer's certificate sufficient evidence against defaulting hands, Legatee, if subscribing witness to a will, and it cannot be other- EXCEPTIONS-See" Errors and Amendments.' EXCEPTIONS, BILL OF-See "Errors and Appeals." EXCEPTIONS, IN CHANCERY-See "Chancery." EXCHANGE, BILL OF-See "Notes, Bills, Bonds," &c. EXECUTIONS, FROM COURTS OF RECORD-See "Habere Facias Possessionem." On recovering judgment, plaintiff may have fi. fa., ca. sa., or May issue on decrees of the orphans' court, on final settlement May be issued by the supreme court, for its own costs, EXECUTIONS, FROM COURTS OF RECORD-Continued. May issue for costs, or officers' fees, when not paid, May issue on supersedeas bonds, when supersedeas is set aside, Issued in vacation, to bear teste on return-day of last execution, To be returned by the sheriff three days before the term to 191 199 165 171 291 ib. 41 Forms of the several writs of execution, and their returns, 157-8-9 159 163, 191 If the first be not returned and executed, a second may issue, 159 159, 161 On writ of elegit, defendant shall have the election of lands to If tenant by elegit be evicted before full satisfaction, he may 162 159-160 Where lands have been omitted out of the extent, judgment not 160 Fi. fa. may issue where person dies in prison, charged in exe- ib. Persons discharged from execution by privilege, shall return But not to reach lands, &c. sold bona fide after judgment for the Names of slaves shall be certified on the execution, and record- Fi. fa. not to be levied on slaves, for sums under one hundred ib. 161 Venditioni exponas may issue to sell goods taken by fi. fa. and Form of a venditioni exponas, Sheriff shall provide sustenance for slaves and live stock taken Defendant arrested on ca. sa. may discharge his body by ten- Sheriffs shall levy all executions placed in their hands, make Shall levy on the property of the principal first, Shall receipt for money paid them, and endorse the items of Surplus of sales shall in all cases be paid to the defendant. Lands of nonresidents, how subject to execution, All lands liable to satisfy executions from courts of record, . EXECUTIONS, FROM COURTS OF RECORD- -Continued. Lands of estate where personal property is insufficient to pay How to proceed in cases of supposed fraudulent conveyance, 156 163 167 165, 246 Executions from court of record shall bind property of goods Sheriff, &c. shall endorse on all executions when received, and Execution docket, how kept by the clerk, and what to specify, 165 166 83-4 ib. Shall keep execution docket on clerk's table, the whole term- 84 Priority of executions, 165-6 166 ib. ib. 167 to 171 Priority may be forfeited by refusing to indemnify the officer, What property is exempt from execution, Right of property executed, how tried, Proceedings for trial of the right of property, not to prevent at Property levied on may be released, on defendant's executing a Proceedings in case of forfeiture of bond, Certain persons not allowed the privilege of giving forthcoming For failing to levy execution, make sale of property, and For not levying money on execution, when practicable, 163, 164 173, 279 173, 174 199, 200 175 174-5 Court may attach officers failing to return execution, or to pay EXECUTIONS, FROM JUSTICES OF THe peace. Shall not issue until five days after judgment, unless plaintiff Shall be executed and returned by a constable, 175 295 294-5 300 Issued to another county, how certified, In such cases to be returnable not less than thirty nor more than Constable shall not take defendant's body for want of goods, EXECUTIONS, FROM JUSTICES OF THE PEACE—Continued. Constable shall release defendant's body, on tender of sufficient Execution shall be a lien on property from the time of levy, Shall receipt for money paid, and endorse items of satisfaction Right of property executed by constable, how tried and the pro- How tried when the execution has come from another county, Delivery bond to be payable to the plaintiff, Proceedings on forfeiture of delivery bond, 165 166 ib. ib. 164 168 170 172 54 172 170 175 175, 300 176 Proceedings on forfeiture of delivery bond, when the execution PROCEEDINGS AGAINST CONSTABLES HOLDING EXECUTIONS. For failing to return execution, For failing to make money on an execution, when practicable, May be decreed by the circuit courts in chancery, and writ of EXECUTORS AND ADMINISTRATORS. Probate of wills and granting letters testamentary shall apper- ib. 287 248, 251 Of the county where the testator had a known residence, Or the county where any part of the goods and chattels, or Granting letters of administration shall belong to the county Oath may be administered by the clerk in vacation, 252 Their bond, 177 Shall be payable to the chief justice of the county court, and 177, 249 Bond, how proceeded upon, 177 On application for probate, or letters, a citation shall issue to the 251 Administrators may be appointed in cases of intestacy, and EXECUTORS AND ADMINISTRATORS—Continued. 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 5. In default of all others, or in case of vacancy, then to An administrator with limited authority may be appointed, Court may appoint administrator ad colligendum, Not liable to be sued until six months after probate of the will, 177 ib. ib. ib. 179 ib. 250 178 What contracts by executors and administrators are required to Liable to creditors for their respective shares after the appor- Decrees on final settlement of their accounts to have the effect Guilty of a devastavit, if they do not apply for leave to sell lands use, Shall return a sworn inventory of the estate within three months Executor shall administer estate not included in the will, as in 449 Wills, inventories, and accounts, shall remain in the clerk's of- fice, 250 All documents relating to settlements with the court, to be re- 252 Court shall appoint appraisers of the estate, who shall return ap- 179 Appraisement subscribed and sworn to by executor or adminis- Judge to give forty days' notice of intended presentation, How to obtain order of sale of lands when the personal estate ib. 182 252 ib. 180, 181 181-2 |