the same in his docket. In all other cases he shall render judgment and enter the same in his docket, within three days after the cause shall have been submitted to him for his decision. SECTION 11. If any sum be found in favor of a party, either by a verdict of jury, or upon hearing of the cause before a justice, exceeding the sum for which a justice is authorized to give judgment, such party may remit and release the excess, and take judgment for the residue. tion. SECTION 12. The execution upon a judgment Stay of execu rendered by a justice of the peace, may be stayed in the manner hereinafter provided, and for the following periods of time, to be calculated from the date of the judgment: 1st. If the judgment be for a sum not exceeding ten dollars exclusive of costs, three months. 2d. If it be for any sum above ten dollars and not exceeding thirty dollars, six months. 3d. If it be for any sum above thirty dollars exclusive of costs, nine months; but if all the parties to the judgment agree upon any other time the stay shall be for the time so agreed upon. SECTION 13. To entitle any person to such stay of security. execution, some responsible person, to be approved by the justice, and not being a party to the judgment, must within five days after the rendering of the judg ment, 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. SECTION 14. Such recognizance must be signed by Form of recog the party entering into the same, and may be in the nizance. following form: "I acknowledge myself indollars to be obtained debted to in the sum of void upon this condition: whereas judgment before township, in 18-, against a justice of the peace of shall be paid at the expiration of the time it was rendered, this recognizance shall be void. A. B." SECTION 15. If at the expiration of such stay the Execution, how judgment be not paid, the execution shall issue against levied. Remedy of the bail. When execu tion to be revoked. How justice's judgment made a lien upon real estate. both principal and bail, if the principal do not satisfy the execution, and the officer cannot find sufficient property belonging to him upon which to levy, he shall levy upon the property of the bail, and in his return shall state what amount of the money collected by him on the execution was collected by him from the bail, and the time when the same was received. SECTION 16. After the return of such execution, the bail shall be entitled, upon motion, to a judgment before the justice, for the amount collected from him. in satisfaction of such execution, with interest thereon at twelve per cent. per annum; and such return of the officer upon motion shall be evidence of the facts therein stated. No motion shall be made after three months from the return of the execution. SECTION 17. If a judgment be stayed in the manner above prescribed, after an execution has been issued thereon, the justice shall revoke such execution, in the same manner and with like effect as he is hereinafter directed to revoke an execution after an appeal has been allowed. SECTION 18. Every justice, on the demand of any person in whose favor he shall have rendered judgment for more than ten dollars exclusive of costs, shall give to such person a certified transcript of such judgment; and the clerk of the district court of the same county in which the judgment was rendered, shall upon the production of any such transcript file the same in his office, and forthwith enter such judgment in the docket of the district court judgments and decrees, and shall note therein the time of filing of such transcript. SECTION 19. Every such judgment, from the time of such filing of the transcript thereof, shall have the same lien on the real estate of the defendant in the county, as a judgment of the district court of the same county, shall be equally under the control of the district court, and shall be carried into execution in the same manner, and with the like effect as the judgment of such district court; but no execution shall be issued thereon out of the district court, until an execution shall have been issued by a justice, and returned that the defendant has no goods or chattels whereon to levy the same. ARTICLE 8. OF EXECUTIONS AND PROCEEDINGS THEREON. SECTION 1. Upon every judgment rendered by a Execution. justice, execution shall be issued by such justice in the manner hereinafter prescribed, at any time upon demand. SECTION 2. The execution shall be directed (ex- Its requisites. cept where it is otherwise specially provided) to the constable of the township where the justice resides, shall be dated on the day it was issued, and be made returnable within thirty days from the date; it shall be against the goods and chattels of the person against whom the same was issued. SECTION 3. The execution against the goods and chattels of the person against whom the same was issud, shall command the officer to levy the debt, damages and costs of the gods and chattels of such persop, and make due return thereof. SECTION 4. Before any execution shall be delivered, How indorsed. the justice shall state in his docket, and also on the back of the execution, an account of the debt, damages and costs, and of the fees due to each person separately; and the officer receiving such execution, shall indorse thereon the time of the receipt of the same. rected to the another town SECTION 5. In all cases where it shall be made when execu known to the justice that the defendant resides out of tion to be dithe township, if there be more than one in the county constable of where the judgment was rendered, or that he has not ship. sufficient goods and chattels therein to satisfy such judgment, the justice shall issue the execution directed to the constable of any township in the same county wherein the defendant or his goods and chattels are to be found. SECTION 6. If any execution be not satisfied, it Renewal of exemay at the request of the plaintiff be renewed from cution. time to time, by the justice issuing the same, by an indorsement thereon to that effect, signed by him, and dated when the same shall be made. If any part of such execution has been satisfied, the indorsement of renewal shall express the sum due on the execution. Every such indorsement shall renew the execution in full force in all respects for thirty days and no longer, Notice of sale. Goods, how sold. Officer forbid den to purchase. When gar. summoned. and an entry of such renewal shall be made in the docket of the justice. SECTION 7. The constable after taking goods and chattels into his custody, by virtue of an execution, shall, without delay, give public notice, by at least three advertisements, put up at three public places in the township, of the time and place when and where they will be exposed to sale. Such notice shall describe the goods and chattels taken, and shall be put up at least ten days before the day of sale. SECTION 8. At the time so appointed, if the goods and chattels be present for the inspection of the bidders the officer shall expose them to sale at public vendue to the highest bidder. He shall return the execution, and have the money before the justice at the time of making such return, ready to be paid over to the persons respectively entitled thereto. SECTION 9. No constable or other officer, shall directly or indirectly purchase any goods or chattels at any sale made by him upon execution, but every such sale shall be absolutely void. SECTION 10. If the goods or chattels so levied on, nishees may be are not sufficient to satisfy such execution, the constable shall, upon the demand of the plaintiff, summon in writing as garnishees, such debtors of the defendant in execution as may be named to him by the plaintiff or his agent, to appear before the justice on the return day of the execution, to answer such interrogatories as may be exhibited against them, touching their indebtedness to such defendant; and the like proceedings shall be had therein, before the justice, to final judgment and execution, as in suits instituted by attachment in a justice's court. Proceedings claimed. SECTION 11. If a constable levy an execution on when property any goods or chattels, and any person other than the defendant in execution claims such property, the constable shall give notice forthwith to some justice of the peace of the same township, in which notice he shall set forth the names of the plaintiff aud defendant, in execution and the name of the person claiming, and also a schedule of the property claimed. Jury summoned. SECTION 12. It shall be the duty of such justice, immediately upon the receipt of such notice, to issue a jury summons, directed to the constable of the township, commanding him to summon six disinterested persons having the qualifications of electors, to appear before him at a time therein mentioned, which shall not be more than three days after the date of the said summons, to try and determine the right of property between the defendant in the execution, and the person so claiming. SECTION 13. The justice shall also give notice to the plaintiff in the execution, his agent or attorney, if any, and the said notice shall be directed to the constable, and served and returned in the same manner as a summons. SECTION 14. The justice shall administer the fol- oath. lowing oath to the jurors: "You and each of you do solemnly swear (or affirm) that you will well and truly try, and determine, the right of property, betweenclaimant, and defendant in execution, to the goods and chattels in controversy, and a true verdict give according to evidence given before you." And the jury so sworn shall be the judges of the law and the fact. SECTION 15. If the jury find the goods and chattels, Effect of the or any part of them, to be the property of the defend- verdict. ant in execution, the verdict shall, as against the claimant, justify the officer in selling such goods and chattels as the jury have so found. If the verdict is for the claimant, the plaintiff in the execution shall pay the costs in the trial, if it is against the claimant, the costs shall be paid by such claimant; and the jurors, constable, and witnesses, shall be entitled to like fees as for other services in a justice's court. the constable SECTION 16. The constable of the township, shall Money paid to receive all money that may be tendered to him in pay sufficient, ment of any judgment obtained before any justice of peace of such township, and shall give the person paying the same a receipt therefor, in which shall be specified on what account the same was paid. And the payment shall be valid against the judgment, and upon the production of the receipt to the justice shall be credited thereto. The person entitled to the money paid, shall have the like remedies against the constable, and his securities, for the recovery thereof, as if such money was collected by the constable in execution. SECTION 17. No payment of money upon a judg- but not if paid ment, made to the justice, either before or after execu to justice. |