P. L. 794.

27 March 1865 § 1. to pay more money, or receive less, than is justly due: which affidavit shall be attached to the transcript by the alderman, to be filed in the court to which the appeal is taken.(p)

1 May 1561 § 1. P. L. 535.

To be filed to a monthly return

day.

2 March 1868 § 1. P. L. 257.

certain counties.

102. All appeals from aldermen as aforesaid, shall be filed in the court of common pleas of the city and county of Philadelphia, on or before the monthly returnday in said court, next ensuing the date of the entry of the judgment before the alderman, (4) instead of to the first day of the next term as heretofore.(r)

103. The justices of the peace, in and for the counties of Centre, Blair, Lehigh, Clinton, Schuylkill, Allegheny, Indiana, Northampton, Luzerne, Lebanon, Berks, Costs on appeal, in Perry, Mifflin and York,(s) shall be entitled to demand and receive from the appellant, and from the plaintiff desiring a transcript for entering in the common pleas, or other transcripts, in any case tried before him, before giving a transcript of appeal, or other transcript, all costs that may have accrued in the said action: Provided, That the payment of the costs, in the first instance, by the appellant or plaintiff, shall not debar him. of his right to receive the same from the appellee or defendant, in the same manner and to the same extent as is now provided in an act approved the 9th day of April, Anno Domini 1833, entitled "An act to abolish imprisonment for debt, and other purposes: And provided further, That any party to suits shall have the right to appeal and demand transcripts, without the payment of costs aforesaid, by their making and filing with the said justice of (an) affidavit of their inability to pay such costs.

24 June 1885 § 1. P. L. 159.

May demand costs before delivering transcript for appeal.

104. In all cases of appeal from the judgment of an alderman or a justice of the peace the said alderman or justice shall be entitled to demand and receive from the appellant the costs in the case, before the making and delivery of the transcripts for said appeal; and, if the appellant shall finally recover judgment in the case appealed, he shall be entitled to receive and collect from the adverse party the costs so as aforesaid paid on appeal.(t)

105. Aldermen and justices of the peace shall have the same right to demand and receive the costs as aforesaid, before issuing a transcript of a judgment recovered before them, for entry in the court of common pleas, or other purpose; and the party paying the same shall be entitled to recover them from the party legally liable to pay the same.

106. Any party to a suit before an alderman or justice of the peace shall have the right to appeal, and demand and receive transcripts, without payment of costs as hereinbefore provided, on their making and filing, with the alderman or jus tice of the peace, an affidavit that they are unable, through poverty, to pay said costs. 107. In all cases of summary conviction in this commonwealth, before a magistrate or court not of record, either party may, within five days after such convic tion, appeal to the court of quarter sessions of the county in which such magistrate shall reside, or court not of record shall be held, upon allowance of the said court of quarter sessions, or any judge thereof, upon cause shown;(u) and either party may also appeal from the judgment of a magistrate or a court not of record, in a suit for a penalty, to the court of common pleas of the county in which said judg ment shall be rendered, upon allowance of said court or any judge thereof, upon cause shown:(v) Provided, That all appeals from summary conviction and judg ments for penalties, shall be upon such terms as to payment of costs, and entering bail, as the court or judge allowing the appeal shall direct.

XI. Proceedings subsequent to the judgment.

(1.) Of the stay of execution.

108. In all cases of judgments before aldermen, city recorders and justices of the peace in this commonwealth, where the defendant is a freeholder,(w) or enters bail absolute(x) with one or more sufficient sureties, in double the amount of debt or

(p) This extends to appeals under the landlord and tenant act of 1863. Carter v. Hess, 3 W. N. C. 325. It is the duty of the justice to inform the appellant that an affidavit is requisite to perfect his appeal. Swallow v. Red Ash Coal Co., 2 Kulp 369.

(q) See Lingerfield v. George, 10 Phila. 80. Devore v. Weber, 1 W. N. C. 64. Large v. McCormick, Ibid. 134. Hartranft v. Clarke, 4 Ibid. 543.

(r) See act 9 April 1862, as to the filing of appeals in Delaware county, P. L. 347; and act 18 May 1871, as to Allegheny county, P. L. 939.

(s) This section is extended to the counties of Cumberland and Cambria, by act 5 February 1869, P. L. 111; and to Chester and Northumberland counties, by act 10 May 1871, P. L. 676. And see act 22 March 1869, P. L. 478, as to Westmoreland county; and act 4 April 1870, P. L. 928, as to Juniata county; which is extended to Beaver, Franklin and Adams Counties, by act 14 March 1871, P. L. 347; and to Monroe county, by act 10 May 1871, P. L. 692; act 7 February 1873, P. L. 126, as to the counties of Armstrong, Clarion, Delaware and Lawrence; act 24 March

1873, P. L. 360, as to Bucks county; and act 25 March 1873, P. L. 406, as to the counties of Montgomery, Wyoming and Susquehanna.

(t) This applies to cases before a Philadelphia magistrate. Kelly v. Royal, 6 C. C. 495. See Tier nan v. Manigle, 2 C. C. 96. Brinzer v. Shartzer, i C. C. 528. For the act 9 April 1872, P. L. 48, prescribing the conditions for an appeal from a judgment for wages, see tit. "Wages."

(u) The justice has no authority to grant an appeal. McGuire v. Shenandoah, 109 ̊ P. S. 613. (v) Where the penalty has been paid, the only remedy is by certiorari. Commonwealth v. Scott, Pitts. L. J. 446.

24 June 1885.

P. L. 158.

damages, interest and costs recovered, conditioned for the payment thereof, in the event that the defendant fails to pay the same at the expiration of the stay of execution, and the judgment rendered shall be above(y) five dollars and thirtythree cents, and not exceeding twenty dollars, there shall be a stay of three months; and where the judgment shall be above twenty dollars, and not exceeding sixty dollars, there shall be a stay of six months; and where the judgment shall be above sixty dollars and not exceeding three hundred dollars, there shall be a stay of execution for nine months: Provided, That this act shall not apply to judgments Wages exempted obtained for wages of manual labor.(z)

from stay.

109. The bail in all cases where bail is now required for the stay of execution, 20 March 1845 § 1. shall be bail absolute, with one or more sufficient sureties, in double the amount P. L. 188. of the debt or damages, interest and costs recovered, conditioned for the payment Bail for stay of thereof in the event that the defendant fail to pay the same at the expiration of execution. the stay of execution.(a)

10 Sm. 466.

110. In all cases where the amount of any judgment rendered before a justice 23 April 1829 § 1. of the peace shall be paid by any person who has entered or shall enter [special] bail for stay of execution, or otherwise, such judgment shall remain for the use of Judgment to be for such person, and may be prosecuted in the name of the plaintiff, for the recovery the use of bail payof the amount. ing the same.

(2.) Of the transcript to bind real estate.

on record.

bind real estate.

111. The prothonotaries of the respective counties shall enter on their dockets 20 March 1810 § 10. transcripts of judgments(b) obtained before justices of the peace of their proper 5 Sin. 166. counties, (c) without the agency of an attorney, [for the fee(d) of fifty cents,] Prothonotaries to which transcripts the justices shall deliver to any person who may apply for the enter transcripts same, and which judgments, from the time of such entries on the prothonotary's Justices to deliver docket, shall bind the real estate of the defendants; (e) but no fieri facias shall transcripts on be issued by any prothonotary until a certificate(g) shall be first produced to him demand. from the justice before whom the original judgment was entered, stating therein, Such judgments to that an execution had issued to the proper constable, as directed by this act, and a return thereon that no goods could be found sufficient to satisfy said demand. And any justice issuing an execution on a judgment removed as aforesaid, shall, on the plaintiff producing a receipt for the delivery of such transcript to the prothonotary of the county, to be entered of record, tax [fifty cents] upon such execution for the prothonotary's fees as aforesaid. And no judgment, whether obtained before a justice, or in any court of record within this commonwealth, shall deprive any person of his or her right as a freeholder, longer or for any greater time than such judgment shall remain unsatisfied, (h) any law, usage or custom to the contrary notwithstanding.(i)

112. In all cases where a judgment has been obtained before a justice of the

(y) See Hill v. Crean, 2 Clark 328.

166.

(2) This act supplies the act 20 March 1810, § 9, P. L.

(a) The justice cannot strike off bail for stay of execution, without notice to justify or enter new bail. Kreidler v. Vandemark, 2 Luz. L. Reg. 218.

(b) Such transcript is, as regards real estate, virtually a judgment of the court. Brannan v. Kelly, 8 S. & R. 479. And may be recited in a scire facias. Walker v. Lyon, 3 P. & W. 98. King v. King, 1 Ibid. 20. Green v. Leymer, 3 W. 381. Hitchcock v. Long, 2 W. & S. 170. Hamilton v. Dawson, 2 Clark 357. The court has no authority to strike off such transcript (Dailey v. Gifford, 12 S. & R. 72; Engard v. O'Brien, 9 Phila. 59), or to open the judgment and let the defendant into a defence. Lacock v. White, 19 P. S. 495. Boyd v. Miller, 52 Ibid. 431. Moran v. Stewart, 1 W. N. Č. 159. See King v. King, 1 P. & W. 20. Walker v. Lyon, 3 Ibid. 98. But it nevertheless remains before the justice for further proceedings. Drum v. Snider, 1 Binn. 381. Dailey v. Gifford, 12 S. & R. 72. Lacock v. White, 19 P. S. 498. It is not evidence to show a former recovery. O'Donnel v. Seybert, 13 S. & R. 54. (e) A judgment for damages, in summary proceedings to obtain possession by a purchaser at a sheriff's sale, cannot be certified to the common pleas, under this act, in order to create a lien on real estate. Gault v. McKinney, Com. Pleas, Phila., 4 February 1854. MS. But an action of debt may be maintained upon it. Gault v. McKinney, 2 Phila. 71. Bodkin v. McDonald, 2 W. N. C. 586. But see Moyer v. Kirby, 14 S. & R. 162, contrà.

(d) By act 2 April 1868, the fee for this service is fixed at 50 cents; in addition to which he is required, by act 6 April 1830, to demand for every transcript filed, a state tax of 25 cents; which, by act 6 May 1844, is to be paid by the plaintiff, without recourse to the defendant.

When execution may issue thereon.

24 June 1885. P. L. 160.

(e) It creates no lien, if an appeal be entered within the twenty days. Hastings v. Lolough, 7 W. 540. And when a judgment has been entered on a justice's transcript, no other judgment can be entered by transcript from the same record. Bannan v. Rathbone, 3 Gr. 259.

66

A

(g) A certificate is unnecessary, if the transcript show that an execution has been issued and returned no goods." Drexel v. Man, 6 W. & S. 343. A scire facias may issue, without certificate. Green v. Leymer, 3 W. 381. And on a judgment on the scire facias, execution may issue from the common pleas. Ibid. So, an attachment-execution may issue on such judgment. Swanger v. Snyder, 50 P. S. 218. Reichenbauch v. Arnold, 2 Clark 527. Hood v. Brown, 4 Leg. Gaz. 83. See Moore v. Risden, 3 Clark 408. fieri facias against personal property cannot be issued upon a justice's transcript filed in the common pleas. Bradley v. Ward, 6 W. N. C. 366. Conrad v. Brandt, 8 Ibid. 439. Lyter v. Dunkel, 2 Pears. 283. Rockwell v. Sweet, 2 Clark 527. Ginder v. Reynolds, 2 Del. Co. R. 247. The opinion of ROGERS, J., in Hitchcock v. Long, 2 W. & S. 171, is directly to the contrary, and although not the very point in judgment, it is more than a mere dictum. It was followed in Hamilton v. Dawson, 2 Clark 357; Techner v. Karpeles, 7 W. N. C. 258; and Weir v. Lawrence, 9 Ibid. 207.

(h) Where the transcript of the judgment of a justice was filed in the common pleas more than nineteen years after the judgment was rendered, and the justice was not called, nor the docket produced, and there was nothing to show whether an execution had ever been issued by the justice, the jury were held to be at liberty to infer payment, from the lapse of time, and these circumstances. Diamond v. Tobias, 12 P. S. 312.

(i) The common pleas has no power to open a judgment, entered in the transcript of a justice, filed to create a lien. Dailey v. Gifford, 12 S. & R. 72. Lacock

24 June 1885. P. L. 160.

peace, city recorder, magistrate or alderman of this commonwealth, and no appeal or certiorari has been taken to said judgment, and a transcript of said judgment has been filed in the office of the prothonotary of the county where said judgment is of justice's judg- obtained, such judgments shall thereafter be and have all the force and effect of a

Filing transcript

ment.

When execution may issue.

9 May 1889. P. L. 176.

judgment originally obtained in the court of common pleas of said county:(k) Provided, That before any execution shall be issued in the court of common pleas on such transcript, the city recorder, magistrate, justice of the peace or alderman before whom such judgment shall have been obtained, shall first certify that an execution has been issued on said judgment, and the constable to whom the same was directed has made return that no goods could be found sufficient to satisfy said demand. (1)

113. Where a judgment has been obtained before a justice of the peace of this commonwealth, to the amount of one hundred dollars and upwards, it shall and may be lawful for the plaintiff in such judgment, upon filing a transcript thereof in the court of common pleas of the county in which the judgment was obtained, to previous return of have execution thereof in said court, without first having an execution issued by

Execution in a

justice's tran

script without a

nulla bona by a

constable.

20 March 1810 § 11.

5 Sm. 167.

Justice to receive and pay over judg

ment.

Ibid. § 12. When execution to issue.

How directed.

the justice and a return of nulla bona by a constable: Provided, however, That nothing herein contained shall be construed to affect the right of the defendant in such judgment to supersede the same, by the entry of bail, an appeal or certiorari, as provided by existing laws.(m)

(3.) Of the execution.

114. Every justice of the peace rendering judgment as aforesaid shall receive the amount of the judgment, if offered by the defendant or his agent, before execution, and pay the same over to the plaintiff, or his agent, when required; for which service he shall, if exceeding five dollars and thirty-three cents, be allowed [twenty-five cents] by the defendant, in addition to his usual fees.(n) And if the said justice shall neglect or refuse to pay over, on demand, the money so received, to the plaintiff or his agent, such neglect or refusal shall be a misdemeanor in office.

115. And if the amount of the judgment is not paid to the justice as aforesaid, he shall grant execution, if required by the plaintiff or his agent, thereupon, if for a sum not exceeding five dollars and thirty-three cents, forthwith, and for any further sum, after the time limited for the stay of the same. Which execution shall be directed to the constable of the ward, district or township where the defendant resides, or the next constable most convenient to the defendant, (0) commanding him to levy the debt or demand and costs, on the defendant's goods and chattels :(p) Duty of constable and by virtue thereof shall, within the space of twenty days next following, expose the same to sale, by public vendue,(7) having given due notice of the same, by at least three advertisements, (r) put up at the most public places in his township, ward or district, returning the overplus, if any, to the defendant, [and for want of sufficient distress, to take the body of such defendant into custody, and him or her convey to the common jail of the county; and the sheriff or keeper of such jail is hereby directed to receive the person or persons so taken in execution, and him,

on execution.

v. White, 19 P. S. 495. Boyd v. Miller, 52 Ibid. 431. Campbell v. Penn District, 10 L. I. 46. Burton v. Sulger, 7 Phila. 407. Moran v. Stewart, 1 W. N. C. 159. Peters v. Coby, 24 Pitts. L. J. 99. Nor can such judgment be stricken off. Engard v. O'Brien, 9 Phila. 559. Deerbeck v. Hildebrand, 10 L. Bar 152. Rice v. Kitzelman, 1 Chest. Co. R. 173. Though ten years have elapsed since its rendition. Wisler v. Carrigan, 12 W. N. C. 238. But the plaintiff may be put to his scire facias. Kaufelt v. Fisher, 1 Pears. 79. And an execution issued thereon may be stayed until further order. Kreamer v. Purvis, 38 L. I. 262. But the proper practice is. to take an appeal or certiorari. Gehman v. Christ, 41 L. I. 338. And after a reversal, it may be stricken off. Pinkerton v. Lafferty, 2 W. N. C. 274. So, also, if void upon its face, as, if obtained without service of process. Huddy v. Putt, 13 Phila. 550. See also, Glenn v. Bracey, 7 Leg. Gaz. 174.

(k) Under this act the court will strike off a judgment for an error appearing on the face of the transcript. Collins v. Brewer, 1 C. C. 261. Gearhart v. Flegal, 3 C. C. 399. Campbell v. Evler, 1 C. C. 394. The act applies to judgments obtained before its passage. Swartz v. Fell, 1 C. C. 571. See Wilson v. Callanan, 1 C. C. 446. Singer v. Manufacturing Co., 2 C. C. 578. The court of common pleas has no jurisdiction to open a judgment entered on a transcript and let the defendant into a defence. Brendle v. Gorley, 14 C. C. 113.

(1) Hoffman v. Himmershitz, 4 C. C. 207.

(m) Execution may issue on a transcript, although

the same be not filed until ten years after the judg ment was entered, and no return of nulla bona has been made to the justice. Miller v. Stone, 14 C. C. 352.

(n) By the fee-bill of 23 May 1893, P. L. 117, the magistrates of Philadelphia and all justices are entitled to the following fees for this service, viz.: "receiving the amount of a judgment and paying the same over, if not exceeding ten dollars, 25 cents; if exceeding ten and not exceeding forty dollars, 50 cents; if exceeding forty and not exceeding sixty dollars, 75 cents; if exceeding sixty and not exceeding one hundred dollars, 1 dollar; and a like amount on each one hundred up to three hundred."

(0) See tit. "Constables." The justice cannot compel the constable of another ward, who is clearly not the one most convenient to the defendant, to execute his process. Commonwealth v. Lentz, 105 P. S. 643.

(p) By act 12 May 1871, P. L. 779, no constable in Schuylkill county may levy upon or sell the leasehold estate, machinery, fixtures, improvements, or any greater estate in lands and fixtures, appurtenant to or connected with any colliery or lease in that county.

(2) A sale to the plaintiff, no person but the constable being present, is illegal and void. Ricketts v. Unangst, 15 P. S. 90.

(r) If he sell any portion of the goods, without levy or advertisement, he is liable. Ward v. Taylor, 1 P. S. 238.

5 Sm. 167.

her or them safely keep, until the sum recovered and interest thereon accrued from 20 March 1810 § 12. the date of the judgment, together with costs, be fully paid, and in default of such keeping to be liable to answer the damage to the party injured, as is by law provided in case of escapes ;] (s) or, in case no goods and chattels can be found, and the Execution against defendant be possessed of lands or tenements, the plaintiff may waive imprisoning real estate. the defendant, and proceed by a transcript to the prothonotary aforesaid: Provided, Against executors, That executions against executors or administrators shall only be for the assets of the deceased.

&c.

5 May 1854 § 1. P. L. 581.

Revival.

P. L. 345.

116. No execution shall be issued on a judgment rendered before a justice of the peace or alderman, after five years from the rendition of such judgment, unless the same shall have been revived by scire facias or amicable confession.(†) 117. No execution issued on any judgment rendered by any alderman or 12 July 1842 § 23. justice of the peace, upon any demand arising upon contract, express or implied,(u) shall contain a clause authorizing an arrest or imprisonment of the person Clause of arrest to against whom the same shall issue, unless it shall be proved by the affidavit of be omitted, except the person in whose favor such execution shall issue, or that of some other person, to the satisfaction of the alderman or justice of the peace, either that such judg ment was for the recovery of money collected by any public officer, or for official misconduct.

118. On the issuing of any execution under the provisions of the act to which this is a supplement, or of any of the supplements thereto, it shall and may be lawful for the justice or alderman issuing the same, to indorse thereon for collection, the fees for the return of said execution, as well as for issuing the same.

(4.) Liability of the constable.

in certain cases.

28 April 1829 § 2,

10 Sm. 466.

Fees for return of execution may be indorsed.

for false or insuffi

119. On the delivery of an execution to any constable, an account shall be 20 March 1810 § 12. stated in the docket of the justice, and also on the back of the execution, of the 5 Sm. 167. debt, interest and costs; from which the said constable shall not be discharged, of the return of but by producing to the justice on or before the return-day (v) of the execution, the execution. the receipt of the plaintiff or such other return as may be sufficient (w) in law. And in case of a false return, or in case he does not produce the plaintiff's receipt, Proceedings on the return-day, or make such other return as may be deemed sufficient by the against constable justice, he shall issue a summons directed for service to a constable or to some cient return. other fit person who shall consent to serve the same, and having so consented, by accepting of such process, shall be bound to execute the same, under a penalty of twenty dollars, to be recovered as other fines are recoverable by this act; but should not a constable or other fit person conveniently be found to serve the process as aforesaid, the justice shall direct it to a supervisor of the highways of the township, ward or district where such constable resides, whose duty it shall be to serve the same under the penalty aforesaid; commanding the constable to appear before him on such day as shall be mentioned in the said summons, not exceeding eight days from the date thereof, and then and there show cause why an execution should not issue against him for the amount of the first above-mentioned execution; and if the said constable either neglects to appear on the day mentioned in such summons, or does not show sufficient cause (x) why the execution should not issue against him, then the justice shall enter judgment against such constable for the amount of the first above-mentioned execution, together with costs; on which judgment there shall be no stay of execution; and upon application of the plaintiff or his agent, the said justice shall issue an execution against the constable for the amount of such judgment; which execution may be directed to any constable of the county, or other fit person accepting thereof, or to a supervisor, as aforesaid, whose duty it shall be to execute the same: Provided always, That nothing in this act contained shall in any manner impair or alter the proceeding as heretofore established with regard to insolvent debtors, and their discharge on a full surrender of their property.

7 Sm. 80s.

120. Where any constable shall refuse or neglect to pay over to the defendant or 28 March 1520 § 2. defendants, his or their agent or legal representatives, the overplus money which he or his deputy may have made or received upon any execution or executions,

(s) Since the act to abolish imprisonment for debt, no execution can issue against the body, in cases of contract; see infra 117.

(t) The power of issuing a scire facias is appurtenant to that of issuing executions, and included in it. Berryhill v. Wells, 5 Binn. 58. An execution issued more than five years from the rendition of the judgment, without a scire facias, is irregular. Bannan v. Rathbone, 3 Gr. 259. This act is not repealed by the act 24 June 1885, P. L. 160, relating to the filing of transcripts. Smith v. Wehrly, 157 P. S. 407. Inquirer Printing Co. v. Wehrly, Ibid. 415. So, the

act of 9 May 1889, which dispenses with executions before a justice on judgments of one hundred dollars, does not dispense with the scire facias after five years.

(u) If a suit be instituted for a demand sounding in tort, but the record show a claim on contract, an execution against the body is erroneous. Weissbrod v. Gelder, 3 Leg. Gaz. 260.

(v) The mere omission to return the execution within 20 days, will not render the constable liable, if he has sufficient cause for the delay. Keller v. Clarke, 6 W. & S. 534.

(w) Of the sufficiency of the return, the justice must judge in the first instance, but his decision is subject to review; and the return must be in writing. Shover v. Funk, 5 W. & S. 457. Hall v. Galbraith, 8 W. 220. Daniel v. Buss, 4 Wh. 56. And see Amey v. Kennedy, 1 Ash. 160. Gregor v. Slingluff, 1 M. 210.

(x) See tit. "Constables."

28 March 1820 § 2. then and in such case, the party or parties aggrieved may apply to the alderman or justice of the peace who issued the process, who shall thereupon proceed against such constable in the manner prescribed by the 12th section of the act to which this is a supplement, in cases where the constable makes a false return or neglects to return the execution. And if, upon such proceedings, the justice shall receive the overplus money, or if it shall be voluntarily paid to him at any time by the Justice to receive constable, he shall, in either case, pay over the same to the defendant or defendants, or his or their agent or legal representatives, without any fee for making such payment.

(5.) Docket-entries and transcripts.

121. All which proceedings so had before the justice, shall be entered at large by him, in a docket or book to be kept by him for that purpose, (y) in which he shall state the kind of evidence upon which the plaintiff's demand may be founded, whether upon bond, note, penal or single bill, writing obligatory, book-debt, damages on assumption, or whatever it may be; (2) and the whole proceeding, in case of appeal, shall be certified to the prothonotary of the proper county.

122. It shall be the duty of the justice, on demand made, either by plaintiff or defendant, to make out a copy of his proceedings at large, and deliver the said copy duly certified by him,(a) to the party requiring the same; and if on such demand, he shall refuse so to do, it shall be deemed a misdemeanor in office. (b)

(6.) Transcripts to other counties.

123. If the party defendant shall not reside in the county where a judgment is had against him before a justice of the peace, the person in possession of the Transcript may be docket, (c) in which such judgment may be entered, on application to him made certified to justice by the plaintiff or his agent, shall make out, certify and deliver to such applicant of another county. a transcript thereof, and also deliver all evidence in his possession connected there

with for the fee of twenty-five cents, (d) for the recovery of the amount thereof, with costs, before any justice of the peace in any county where the defendant may reside or can be found, as in cases originally brought before him; (e) and the stay of execution shall be counted from the original entry.

(7.) Satisfaction of judgments.

124. Any person or persons who shall not, within thirty days after written notice to him, her or them given, (g) of the payment of any judgment, together with costs, in his, her or their favor, before any justice of the peace, either by themselves or their agents, enter satisfaction on the docket or execution of the justice, they shall be subject to a penalty of one-fourth of the amount of the debt, paid for the use of the party aggrieved; except where one of the defendants,