, 1854-05-27


Sec. go After the return Of such exc
cu'ion, the bail shall be entitled on appli-
cation TO the justice, TO have the judgment,
or so much thereof as may have been col
lected from him in satisfaction Of the exc
cuton, transferred 10 his use and he may
collect the same from the defendant by ex-
ecution. together with interest at the rate
OF twelve per cent. per annum.
Sec o. II q judgment be stayed in the
manner above provided, after an execution
has been issued thereon, the justice shall
revoke such execution in the same manner,
and with Ike effect as he is hereinafter d-
rected 10 revoke an execution after an
appeal has been allowed and if the de-
fendant have been committed, shall order
him to be discharged from custody.
SETTING OFF JUDGMENTS.
Sec. 90. If there be mutual Justices
judgments between the same parties, upon
which the time for appealing has elapsed
on Judgment on the application of either
party, and reasonable notice given to the
adverse party, one may be SET of against
the other, by the justice before whom the
judgment, against which the set-of is pro-
posed, may be.
Sec. 93 If the Judgment proposed as
a set-off was rendered before another jus
tice, the party proposing such stt,of shall
produce before the justice transcript OF
such judgment upon which there is a GER
tifcate Of the justice before whom such
may be, that it is unsatiSfed. in whole or
in part and that there is no appeal /; and
that such transcript was obtained for the
purpose Of being set-off against the judg-
ment to which it is offered as a set-of.-
The justice granting such transcript, shall
make on entry thereof on his docket, and
all further proceedings on such judgmen'
shall be stayed, unless such transcript be
returned with the proper Justices certificate
thereon, that it has not been allowed in
set-of
Sec. %. If any justice shall set-off one
Judgment against another, be shall make
an entry thereofin his docket, and execution
shall issue only for the balance which may
be due after such set-of. If a justice shall
allow transcript of Judgment rendered
by another justice, 10 be set of, he shall file
such transcript among the papers relating
to the Judgment in which it is allowed in
set-off. II he shall refuse such transcript
as set-off, he shall so certify on the trans
cript, and return the same to the party
who offered it.
OF LxEcUTloNs AND PROCEEDINGS THEREON.
Sec. IS. Execution for the enforcement
Of a judgment in Justices court, may be
issued on the application Of the party enti-
tied thereto, in the manner hereinafter pre-
scribed but after the lapse Of five years
from the date Of the judgment, no execu-
tion shall issue except by leave Of the JUS
tiee before whom such judgment may be-,
upon reasonable notice to the defendant
Sec. SO. When any judgment shall have
been rendered by any justice Of the peace,
and the same shall not be sat SIZED, during
his continuance in Office, and the docket OF
such Justice shall have been transferred to
another justice, or TO the successor of the
justice rendering such Judgment, the JUS
tice to whom the docket shall be delivered,
shall issue execution upon such uusatislied
judgment in the same manner, and with
Ike effect, as il he himself had rendered
the judgment
Sec. 81. If the defendant have not goods
and chattels in the county in which judg-
nent was rendered, sufficient to satisfy the
execution, the justice before whom suth
Judgment may be, shall, at the request of
the party entitled, make out certificate
transcript Of the same, which may be deliv-
cred to justice in any other county, who
shall make an entry thereof in bis docke',
and issue execution thereon for the amount
Of the Judgment, or such part as shall be
unsatisfed, with costs as in other cases.
Sec. %. The execution shall be directed
Except when it is Otherwise specially pro-
videdJ to the sheriff or any constable Of the
county where the justice resides shull be
dated on the day it is issued and made re-
turnable within thirty days from the date
and It shall be against the goods and chat
tells Of the person against whom the same
Il issued.
Sec. 90. Before any execution shall be
delivered, the justice shall state in his
docket, and also on the back Of the execu
ton the amount Of the debt, or damages
and cos's, and of the fees dne to each per-
son separately, and the officer receiving
such execution shall endorse thereon the
time of the reception of the same.
! Sec. 100. If an execution he not salts
fed, it may, at the request of'the plaintiff,
be renewed from time to time by the JUS
tice who issued the same, or the Justice to
whom his docket is transferred, by an ELL
dorsement thereon to that effect, signed by
him, and dated when the same shall be
made II any part Of such execution has
been satisfied, the endorsement Of renewal
shall express the sum due on the execution.
Every such endorsement shall renew the
execution in full force in all respects for
thirty days, and no longer and an entry
Of such renewal shall be made in the dock
ek of the iustice