who issued such execution, that the person is possessed of lands and tenements, the justice shall on application of the person, or his, her or their agent that recovered such judgment, forward a transcript of such judgment to the clerk of the court of common pleas, and the clerk shall file the said transcript in his office, and shall issue a scire facias against such person to appear at the next term of the court of common pleas and show cause why execution should not issue; and in case such person neglects to at tend, or does not shew cause to the satisfaction of the court, why execution should not issue, the court shall direct execution against the lands and tenements of such person, in the same manner as though judgment was obtained in such court.

Sec. 24. Be it further enacted, That in all Transcript from a jus cases where a transcript of the judgment of any tice's docket justice of the peace within this state, is duly how proceed certified and signed by the justice rendering ed on by ano such judgment, and delivered to another justice

ther

of the peace for the purpose of enforcing the execution of the same, the justice to whom the same is delivered shall make an entry thereof on his docket, and shall issue scire facias against the apparent defendant in such transcript, requiring such person to appear and shew cause, (if any there be) why execution shall not issue against him for the amount of the judgment and costs, as stated in said transcript, or such justice may issue a warrant in the nature of a capias ad respondendum against such defendant; and, in either case, if the defendant is found and cannot prove to the satisfaction of the justice, that he has paid the whole amount of the debt and costs, as stated in the transcript, the justice shall hold him to bail, or issue execu

tion for the same, or such part thereof as shall appear to remain unsatisfied, in the same manner and under the same regulations as the justice before whom the proceedings were originally had, might or could have done, had the defendant remained within his township: Provided, Stay of execution shall only be had from the date of the original judgment. And in all cases where any person or persons, who may have entered security for the stay of execution upon any justice's docket, shall remove from the township where such justice resides, and upon proceeding as hereinbefore provided against the original defendant, the constable shall return that no goods or chattels can be found to satisfy the judgment, the justice before whom such security was entered, upon application of the plaintiff or his agent, shall give a transcript of the judgment, recognizance of bail for stay of execution and other proceedings, upon which transcript any justice of the peace of the township where one or more of such securities may reside, may proceed against such security or securities by scire facias, or capias ad respondendum, as in other cases of transcripts.

Provise

Non-resides,

Sec. 25. Be it further enacted, That in all cases where the plaintiff shall not reside within to give secu the township in which he intends to bring suit, rity for costs the justice before whom he intends to have the same entered may, previous to his issuing process or entering the same, cause such plaintiff to enter sufficient bail, resident within his proper township, conditioned for the payment of all costs which may accrue upon such suit, which bail shall be by such justice entered on his docket and signed by the bail, which bail shall be acountable for all such costs.

Sec. 26. Be it further enacted, That in case

ure or neglt.

Proceedings the constable fails to make return as provided by against a con this act, or makes a false return, the said justice stable for fail shall, on application of the person or persons in whose favor execution is issued, his, her or their agent, issue a scire facias against said constable, directed to any person he may think proper, and who will serve the same, commanding said constable to appear before him, to shew cause why execution should not issue against him; and if the constable either neglects to appear within five days, or does not shew proper cause why execution should not issue against him, then the justice shall enter judgment against such constable for the amount of said execution, together with costs, for which judgment there shall be no stay of execution, and the justice shall forthwith issue execution for the amount of such judgment; and such execution may be directed to any person the justice may think proper, and who will serve the same, who shall collect the money of said execution in the same manner as constables by this act are bound to do, together with such costs as constables receive for similar services.

tain cases

Sec. 27. BE it further enacted, That in all Vacancy in cases where there is no constable in any township the office of in this state, or in the absence of the constable constable of the township, it shall be the duty of any jusmay be sup tice of the peace, in case it be necessary that the plied by a justice in cer process should be served, either in criminal or civil cases, to appoint a person willing to serve as a constable until the return of him whose duty it is to serve process when present, and the person so appointed as constable shall have the same authority as any other constable, without giving the security necessary in other cases, and he shall be liable for neglect of duty or illegal proseedings, and shall receive the same fees and

1

compensation as constables are entitled to by law for similar services, and shall act until the vacancy be again supplied.

Sec. 28. Be it further enacted, That when Proceedings any constable, by virtue of execution to him when a con directed, shall levy on property claimed by any stable has person or persons other than the person against levied on whom execution issued. such claimant or property claimed by claimants, upon giving three days notice to the another per. plaintiff or his agent, or by leaving a written notice at his or her usual place of abode, of the time and place of proof, may prove the property, on oath or affirmation, by one or more credible witnesses, on or before the day appointed for the sale of such property; and on such proof being made before any judge of the court of common pleas, or justice of the peace of the county, the judge or justice, as the case may be, shall cause the constable to restore the property so levied on to the person or persons claiming the same; but in case the claimant or claimants shall fail to make such sufficient proof as aforesaid, the constable shall not be liable to such claimant or claimants for such property so taken and sold: Provided always, That in all cases where the claimant or claimants shall fail to prove the property to belong to him or them to the satisfaction of the judge or justice, such claimant or claimants shall pay the costs accruing under this section, which costs shall be taxed as other costs for like services, and the justice or judge shall render judgment against such claimant for costs, and issue execution therefor as in other cases.

Proviso

stable in pay

Sec. 29. BE it further enacted, That it shall be the duty of all constables to pay over to the Duty of con justice, from whom the execution or executions ing over me issued, all monies by them collected, or produce ney

to the justice a receipt from the plaintiff or his agent, for the amount of such execution or executions, within six days after collecting the same; and every justice of the peace shall give his receipt for any money by him received in his official capacity, to the person from whom he shall have received the same, if required.

Sec. 30. Be it further enacted, That it is Duty of jus hereby made the duty of justices of the peace tices in re ceiving and to receive from the constables all monies by paying over them collected, and pay the same over to the

money

Justices for

person or persons entitled thereto; also all monies by them collected, without execution, or received for the use of any person or persons in their official capacity; and if any justice shall neglect how fail to pay over any money by him so collected proceeded or received, when thereto demanded, at the against office of said justice, he being present, by the person or persons entitled to the same, or by his, her or their agent, it shall be lawful for such person or persons aforesaid to complain to some justice of the peace of that township in which the delinquent justice acts, if any there be, and if no justice resides in the township capable of acting, then to some justice of an adjoining township, whose duty it shall be immediately to issue his summons to the constable of his township, commanding him to summon such delinquent justice forthwith to appear before him, and shew cause, if any there be, why judgment should not be rendered against him for the amount of money by him so collected, and not paid over; and if said delinquent jus tice shall not shew good cause, the justice issuing the summons shall render judgment against him for the amount of money so collected, and not paid over, together with ten per