Sec. 17. And be it further enacted, That the Form of re- forms of recognizance of bail, shall be as fol cognizance of bail. In case of appeals, for stay of execution, to be entered on justice's docket and signed by the bail. Constable's duty in levying execution, advertising, etc. lows, to-wit: In case of appeals. In the suit of A B against C D, I, E F do acknowledge myself bail for for the sum of appellant, dollars, to be levied on my goods and chattels, lands and tenements, in case of failure in the said appellant. And the form of a recognizance of bail for stay of execution, as follows: In the suit of A B against C D, I, E F do acknowledge myself bail for C D, in the sum of dollars, to be levied on my goods and chattels, lands and tenements, in case the said C D fails to make payment of the sum for which judgment is entered in said suit. And the recognizances taken as aforesaid shall, by the justice, be entered on his docket and signed by the bail. Sec. 18. And be it further enacted, That the constable to whom execution is delivered, shall, within ten days from the date thereof, serve the same by levying on the goods and chattels of the debtor, and for want of such effects, by taking the body; and all goods and chattels sold by execution, shall be advertised by the constable at three of the most public places in the township, at least fifteen days before the day of sale, and the constable shall make return of said execution within thirty days from the date thereof, endorsing his service and proceedings thereon. duty on execution to the con stable. Sec. 19. And be it further enacted, That the Justice's justice of the peace, on delivering the execution delivering to the constable, shall state, on his docket, an account of the principal, interest and fees due, from which the constable shall not be discharged but by producing to the justice, on or before the return day of the execution, a receipt of the plaintiff or his or her agent for the same, or such other return as may be sufficient in law; and in case of a false return, or in case he does not, on the return day, produce a receipt from the plaintiff, his or her agent, for the same, or make such other return as may be sufficient in law, the justice aforesaid shall, on application of the plaintiff aforesaid, issue à scire facias, directed to any person he may think proper, commanding said constable forthwith to appear before him, to show cause why execution should not issue against him; and if the constable either neglects to appear within five days, or does not show proper cause why execution should not issue against him, then the justice 17-Vol. 2 failing in his Constable duty, how to be proceeded against. 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 upon application of the plaintiff aforesaid, the said justice shall issue an execution against the constable for the amount of such judgment, and such execution may be directed to such person as the justice may think fit, who shall execute the same as constables are by this act bound to do. Sec. 20. And be it further enacted, That the form of a scire facias, against bail, where the money is not paid before the time limited for stay of execution is out, shall be as follows, towit: Form of a scire facias (Seal.) Whereas A B, recovered by judgment against ball. against C D, the sum of costs, on the dollars debt, day of and the mon the said E F, forthwith, to appear before day of application may set off lords dis training for rent. Sec. 21. And be it further enacted, That if Tenants on any landlord shall distrain the goods of his to a justice, tenant, and the tenant shall have a just account against landto set off against the same, it shall be the duty of any justice, to whom application for that purpose shall be made, to issue process against the landlord, to compel him to appear and show cause, if any he has, why the demand of the tenant should not be allowed, and upon the appearance of the landlord or his agent, or on refusal or neglect to appear, the said justice, if he shall be satisfied of the justice of the tenant's account, the same shall be deducted from his arrears of rent, and the distress shall proceed for no more than the balance which shall remain due. Sec. 22. And be it further enacted, That nothing in this act shall be construed or understood to extend to actions of ejectment, brought to obtain possession of lands and tenements, actions of replevin in case of actual distress, ac Certain extended to actions not by this act. Actions commenced in court of common pleas, cognizable before a justice, not to carry costs, vit be made, tions of detinue, actions of slander, actions on real contracts for the sale or conveyance of lands or tenements, or where the title of land is called in question. Sec. 23. And be it further enacted, That if any person or persons, shall commence or prosecute any suit or suits, for any debt or demand, by this act made cognizable before a justice of the peace, in any other manner than is authorized and directed by this act, and shall obtain a verdict or judgment therein, for debt or damages, which without costs of suit shall not unless amda amount to thirty-five dollars or more, not having caused an oath or affirmation to be made, before the suing out of the capias or summons, and filed in the office of the clerk of the court from whence such process issued; that he, she, or they, so making oath, did truly believe the debt due, or damages sustained, amounted to thirtyfive dollars or more, he, she or they, so prosecuting, shall not recover any costs in such suit, any law to the contrary notwithstanding. etc. Repealing clause. Sec. 24. And be it further enacted, That the act entitled," An act for the trial of small causes,' "and all other acts and parts of acts, contrary to the provisions of this act, are here |