Chapter 256

Section 1. A person who is competent to contract by bond may subject his person and property to be taken on execution by entering into a recognizance before the superior court in any county, substantially as follows: Be it remembered that on this day of , of personally appeared b…

Section 2. The recognizance shall be attested by the clerk of the court, shall be recorded at length in a book kept for the purpose and the original shall then be delivered to the conusee. It shall not be taken unless the justice who takes it knows or has satisfactory evidence th…

Section 3. If the debt is not paid at the time named in the recognizance, the court may issue an execution in favor of the conusee for the amount due, which shall be directed, served and returned in like manner and have like effect as an execution issued upon a judgment of said c…

Section 4. Before such execution issues, the original recognizance shall be filed with the clerk, who shall compute the amount, deducting any payments endorsed, and shall issue an execution therefor in common form except that it shall recite the recognizance and state the amount …

Section 5. If the conusee dies before the debt is paid, his executor or administrator may, upon exhibiting to the clerk his letters testamentary or of administration, take out the execution and the form thereof shall be altered accordingly.

Section 6. If the conusor dies before the debt is fully paid, no execution therefor shall issue as of course, but his estate shall be liable for the debt in like manner as if judgment therefor had been rendered against him in his lifetime; and the conusee or his executor or admin…

Section 7. If one or more of several conusees or conusors dies before the debt is fully satisfied, the rights and obligations of the survivors and the proceedings for the recovery of the debt shall be substantially the same as in the case of the death of one or more joint judgmen…

Section 8. No original execution shall issue as of course upon such recognizance after the expiration of three years from the time therein named for payment of the debt or from the time of the last payment endorsed thereon, but the conusee or his executor or administrator after t…

Section 9. A person who is injured by the wrongful issue or levy of an execution under this chapter may have a remedy as if the execution had been issued upon a judgment; and, except as otherwise expressly provided, the parties to such recognizance and their representatives shall…