ment of the supreme court. Upon a transcript of such docket, certified by the clerk of the county, and filed in any other county, the judgment may be there docketed with the same effect, from the time of filing and docketing in that county. The judgment so docketed, and the enforcement thereof, are subject to the control of the county court of the county where it was first docketed, as a judgment of that court. But a judgment for less than twenty-five dollars, so docketed, is not a lien upon, and cannot be enforced against real property.

§ 1123. Execution for the enforcement of a judgment in a justice's court, except when it has been docketed in the county clerk's office, may be issued by the justice before whom the judgment was rendered, or by his successor in office, on the application of the party entitled thereto, at any time within five years from the entry of judgment.

The existing law changed so as to allow execution to be issued immediately after judgment according to the practice in the higher courts. When a debt is justly due, and has been so adjudged by a court, it seems a perversion of right still to extend the time for its collection. The delay is less necessary since the exemption of property has been extended.

§ 1124. The execution must be directed to a constable of the county, and subscribed by the justice by whom the judgment was rendered, or by his successor in of fice, and must bear date the day of its delivery to the offi

cer to be executed. It must intelligibly refer to the judg ment, by stating the names of the parties, and the name of the justice before whom, and of the county and town where, and the time when, it was rendered; the amount of the judgment; and, if less than the whole is due, the true amount due thereon. It must re require the constable substantially as follows:

1. If it be a case where the defendant cannot be arrested, it must direct the officer to collect the amount of the judgment out of the personal property of the debtor, and to pay the same to the party entitled thereto :

2. If it be a case where the defendant may be arrested, in addition to the foregoing, it must direct the officer, if sufficient property of the defendant, liable to the execution, cannot be found to satisfy the judgment, that he arrest the debtor, and commit him to the jail of the county, until he pay the judgment, or be discharged according to law:

3. It must further, in all cases, direct the officer to make return of the execution, and a certificate thereon, showing the manner in which he has executed the same, in sixty days from the time of his receipt thereof.

§ 1125. Upon an execution on a judgment against joint debtors, upon one or more of whom the summons was not served, the execution must contain a direction to collect the amount out of the joint property of all the

defendants, or the separate property of the persons upon whom the summons was served, to be specified by name. If such judgment be also such that the defendants are subject to arrest thereon, the justice must further specify the names of those defendants, served with the summons, who may be arrested for want of property.

§ 1126. A constable may at his peril, omit to arrest a debtor; or after arrest, suffer him to go at large before the return day; subject only to his liability for an escape, or for omitting to arrest, if he fail to have either the money or the person of the debtor in custody at the expiration of the sixty days.

§ 1127. When an execution directs the arrest of the debtor for want of sufficient personal chattels, if there be not sufficient subject to levy, known to the officer, or if upon demand by the officer of the debtor, he fail to produce sufficient property, the officer may without further delay arrest the defendant. When arrested, the defendant must be conveyed to the common jail of the county, and there be kept in custody until the execution with costs be paid, or he be discharged by due course of law.

§ 1128. The debtor committed as provided in the last section, may be held in prison ten days; and if he be a person without a family, for which he provides, one day in addition, for every dollar over ten due on the

execution or, if he have a family for which he provides, one day in addition, for every two dollars over twenty due on the execution.

§ 1129. The affidavit of an imprisoned debtor, that he has a family for which he provides, specifying by name one or more persons, members of such family, and the place of their residence, is sufficient evidence thereof, to authorise his discharge by the jailor.

The last four sections contain some new provisions, calculated to soften the harshness of judicial arrests, when allowed, and yet to secure all the benefits to be expected from them.

§ 1130. An execution may at the request of the plaintiff be renewed before the expiration of sixty days from the time of its issue, by the word "renewed" written thereon, with the date thereof, and subscribed by the justice. Such renewal has the effect of an original issue; and may be repeated as often as may be necessary. If an execution be returned unsatisfied, another may be afterwards issued.

§ 1131. A debtor cannot be arrested, nor his property sold on execution, after sixty days from its issue or renewal; but property levied on within the sixty days, may be sold after a renewal.

§ 1132. A constable is liable to the party in whose favor an execution is issued to him, for the amount thereof, in the following cases:

1. When he suffers sixty days to elapse, without making a true return thereof to the justice, and paying to him or to the party entitled, the money collected thereon by him:

2. When he wilfully or carelessly omits to levy upon property; or if the debtor be liable to arrest, to arrest and imprison him, within sixty days; or having arrested the debtor, fails to commit him to the county jail, within the sixty days.

§ 1133 Upon a justice's judgment docketed in a county clerk's office, execution can only be issued by the clerk, with whom the transcript is filed, or by the plaintiff in person: and it may be sent to one or more counties where the judgment is docketed. It must conform substantially to the execution issued by a justice, except that it must state the time when the judgment was docketed in the county from which it is issued, and must be directed to the sheriff; and may direct, that for want of sufficient personal property, the debt be made out of the real property of the debtor.

Until the adoption of the code in 1848, the county clerk alone could issue executions in these cases. The practice since then of issuing them by the party does not seem well adapted to this class of judgments, when the parties generally act in person, and are not conversant with the forms of pro

cess.