Page:1862-63 Territory of Dakota Session Laws.pdf/190

2. If it be for any sum above ten dollars, and not exceeding thirty dollars, two months.

3. If it be for any sum above thirty dollars, and not exceeding fifty dollars, three months.

4. If it be for any sum above fifty dollars, and not exceeding seventy-five dollars, four months.

5. If it be for a sum above seventy-five dollars, exclusive of cost, six months; but if all the parties to the judgment agree upon any other time, the stay shall be fur the time so agreed upon.

Sec. 78. To entitle any person to such stay of execution, some responsible person, to be approved by the justice, and not being a party to the judgment, must, within five days after rendering the judgment, enter into a recognizance before the justice, to the adverse party, in a sum sufficient to secure the payment of the judgment and costs, conditioned to be void upon such payment at the expiration of the stay.

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Porm of ree-

Sec. 79. Such recognizance must be signed by the person entering the same, and may be in the following form:

"I, the sum of coginizance. lizaner, the following forin: acknowledge myself indebted to in obtained a judgment befure, day of , to be void upon this condition : whercas, a justice of 18 , on the Now, if such judgment shall be paid at the months from the time it was rendered, the peace of against expiration of this recognizance shall be void."

Kxeution my rincipal and isue agalnst

Sec. 80. If at the expiration of such stay, the judgment be not paid, the execution shall issue against the principal and bail; if the principal do not satisfy the execution, and the officer cannot find sufficient property, not exempt by law, belonging to him upon which to levy, he shall levy upon the property, not exempt by law, of the bail, and in his return shall state what amount of the money collected by him ou the execution, was collected by him from the bail, and the time when the same was received.

Sec. 81. After the return of such execution, the bail shall be entitled, on motion, to a judgment before a justice for the amount collected from him in satisfaction of such execution, with interest thereon at twelve per cent. per annum; and such

pi:l entittel to principal on judement