and determinable by any one justice of the peace out of court, who may give judgment thereupon, and award process of execution for the amount of judgment, interest, and costs, (or if against the plaintiff, for costs only) against the goods and chattels, lands and tenements, or body of the party cast: which process shall be executed and returned by the sheriff, constable, or other lawful officer, to whom the same may be directed, in the same manner as other writs of fieri facias, or capias ad satisfaciendum, are to be executed and returned; but such judgment shall be subject, nevertheless, to the appeal of either party, to the next court of pleas and quarter sessions of the county in which such judgment may be given; the party praying such appeal, first giving sufficient security for prosecuting the same with effect: whereupon an issue shall be made up and tried the first court, by a jury of good and lawful men, in the same manner that other jury causes are tried, unless sufficient cause be shown on affidavit for a continuance. Provided always, that where a judgment shall be given by a justice of the peace as aforesaid, execution thereon shall be stayed in the following manner to wit. For all sums not exceeding two pounds, twenty days; for all sums above two pounds and not exceeding five pounds, sixty days; for all sums above five pounds and not exceeding ten pounds, one hundred and twenty days; and for all sums above ten pounds and not exceeding thirty pounds, six months. Provided, however, that in all cases where the evidence of the debt on which a judgment may be founded shall be that of a former judgment of twelve months' standing, no stay of execution whatever shall be allowed. And for the true and faithful payment thereof, with interest and costs, the party praying such stay of execution shall, if required, give sufficient security; and the acknowledgment of such security, entered by the justice and signed by the party, shall be sufficient to bind him. And if the judgment shall not be discharged at the time to which the execution has been stayed, then it shall be lawful for the justice who has possession of the judgment, to issue execution as aforesaid against the principal and securities.

In all warrants issued by a justice of the peace against any person or persons whatsoever, executors and aministrators excepted, the sheriff, constable, or other officer shall be commanded to take the body of the person therein mentioned as defendant, if to be found in his county, to answer the complaint of the plaintiff in such warrant, before some justice of his county and such officer, when required by the plaintiff, shall take bond, with sufficient security, of the party arrested,

in double the sum for which such person shall be held in arfest (which sum, and how due, shall be expressed in the warrant) conditioned for his or her appearance at a certain time and place therein to be specified, before some justice of the county where the warrant issued which bond shall be assigned by such officer to the plaintiff, and returned with the warrant, and shall be filed by the justice that shall try the warrant, with the other papers in the suit. And in case the sheriff, constable, or other officer shall fail or neglect to take such bond, with security as aforesaid, he shall be held and deemed special bail, and the plaintiff may proceed to judgment against the bail according to the rules hereinafter prescribed.

When any sheriff, constable, or other officer shall serve a warrant on any person or persons who shall refuse to give bond and security for his or her appearance as aforesaid, such officer is hereby required to commit such person or persons to the gaol of his county, in order that he may have such person or persons forthcoming at the day appointed for trial, and it shall be the duty of such officer to produce his prisoner at such trial; and all warrants, whether by summons, arrest or attachment, shall be heard and determined on the day appointed by the officer serving the warrant as aforesaid; which day shall be on or before the return day set forth in the warrant, unless the Justice shall for good reasons put off the trial to some other day, at his discretion. And in case the plaintiff shall fail to attend or prosecute his suit, on the day appointed as aforesaid, the defendant appearing shall be discharged; or for good reasons the trial may be postponed. Provided, and it is hereby declared to be the duty of the officer serving a warrant, to notify the plaintiff of the time and place appointed to try and determine the cause. Provided also, that when the sheriff, constable or other officer shall have committed any defendant to jail as aforesaid, it shall be the duty of such officer to give immediate notice thereof to some justice in the county, and such justice shall appoint a day for the trial; and notice of the time of such trial shall be given and served on the plaintiff by the officer who served the warrant.

It shall be lawful for any justice of the peace, out of court, when any trial is before him, and he gives judgment for any sum against any person who wishes either to appeal or stay the execution and is unprovided with securities upon the day of trial, to grant such person ten days to give approved securities for an appeal or stay of execution, as the case may be, and shall make an entry thereof upon the warrant. Provided

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always, that nothing herein shall prevent the plaintiff from taking out execution at any time before the same shall be stayed or an appeal granted. But in such case, if the security shall be given as aforesaid, the execution shall be returned to the justice who issued it and shall not be acted on by any officer. And the officer or other person who has any such execution shall, on due notice given to him in writing from the justice who granted the execution, deliver up the same, or be liable to the action of the party grieved.

Where appeals shall be granted from the judgment of a justice, the acknowledgement of the security, and subscribed with his or her proper hand-writing, attested by the justice, shall be sufficient to bind the security to abide by and perform the judgment of the court. And the justice is authorised and required, on application of either of the parties, to issue subpœnas, directed to the sheriff, or other lawful officer, in any county in this state, for witnesses to appear and give testimony at the court to which such appeal is returnable. See Appeals.

All bail taken according to the directions of this act shall be liable to the recovery of the plaintiff; but the plaintiff, after final judgment, shall not take out execution against the bail, until an execution against the body of the defendant be first returned by the sheriff, constable, or other officer, that the defendant is not found in his county, and not until a notice in writing issued against the bail by the justice who has possession, of the papers in the original suit, hath been made known to the bail. And after the return of such execution against the principal, and notice against the bail, execution may issue against the principal and bail, or any of them, or any of their estates, unless the bail shall make it appear that the principal is dead, or that the judgment has been satisfied, or unless the bail shall surrender the principal at or before the return of such notice to the officer who served the notice. In which latter case the justice shall commit the prin cipal to the jail of his county until he shall satisfy the judgment and costs; and for serving such notice the officer shall be allowed four shillings.

Such bail shall, at any time before final judgment had against him, have full power and authority to arrest the body of his principal, and secure him until he shall have an opportunity of surrendering him in discharge of himself to the officer who made the arrest or served the notice; and such officer is required to receive such surrender and hold

the body of the defendant in custody as if bail had never been given.

All warrants shall be made returnable on or before thirty days from the date thereof (Sundays excepted) and not after. And it shall be the duty of the sheriff, constable, or other officer to whom any warrant may be directed, to execute and return such warrant for trial on or before such day, if the person or persons therein named shall be found in his county.

Executions issued by a justice of the peace against the estate of any person or persons, shall be directed to the sheriff, constable, or other lawful officer, commanding him that of the goods and chattels of the party cast, he make such sum or sums of money therein mentioned, or for want of such goods and chattels to satisfy said execution, then he levy on the lands and tenements of such person or persons, and make return thereof to the justice who issued the same, setting forth on the execution the money he has made of the goods and chattels, and what lands and tenements he has levied on, where situate, on what water course, and whose lands it is adjoining: And the justice to whom the return is made shall return such execution, with all other papers on which the judgment was given, to the next court to be held for his county; which land shall, by order of said court, be sold by the sheriff of the said county, or so much thereof as may be sufficient to satisfy such judgment, in the same manner as real property is sold by writs of fieri facias or venditioni exponas issuing from such court; and the clerk of the court where such papers are returned shall, in a well bound book, kept for that purpose, record the whole of the papers and proceedings had before the justice; for which he shall be allowed the same fee as for entering a judgment in any other

suit.

When any execution shall issue to a sheriff, constable, or: other officer, in virtue of a judgment obtained before any justice of the peace, and the person or persons against whom such judgment may be obtained, shall remove him or themselves into any other county within this state, and the sheriff or other officer cannot find any property whereon to levy said execution, then and in such case the said sheriff or other of ficer shall return such execution to the next court to be held for the said county, and the plaintiff on application shall be entitled to an execution for the whole or any part of said execution which remains unpaid by the return of such officer; and the clerk, by order of said court, shall make a record of the same, and issue execution to the county where

the defendant or defendants reside, in the same manner, and under the same rules as in cases of judgments obtained in said courts.

Any justice of the peace is hereby authorised and required, on application of either plaintiff, or defendant named in any original process issued by a single justice, to direct the sheriff, constable, or other lawful officer, by an order in writing on the process, to summon witnesses to appear and give testimony in such suit at the time and place appointed for trial; and such witnesses failing to appear and give evidence, shall forfeit and pay sum of two pounds current money to the party at who instance he was summoned, and further be liable to the acti of the party aggrieved, for damage sustained for his non attendance; which fine shall be recovered before any justice of the peace, unless such witness on affidavit or otherwise, shall show sufficient cause to the contrary; subject, nevertheless, to an appeal to the county court as in other cases.

The deposition of any person who is an inhabitant of another county, or state, other than that in which any suit may be depending on a warrant before a justice of the peace, shall be admitted on trial of such warrant, to be read in evidence. Provided always, that either plaintiff or defendant shall, in cases respecting depositions, be governed by the same rules, regulations, and restrictions, as are used in taking depositions in other cases in the courts of law within this state, so far as respects time and notice and provided also, that such depositions may be taken by one justice of the peace, when the adverse party may attend and cross-examine.

It shall and may be lawful for any person having a judg ment or execution against any person from a justice of the peace, and the said defendant has no property in the county wherein the same may be levied, to return the execution to the clerk of the court of the county in which judgment was obtained out of court; and it shall be duty of the clerk

to certify under seal, the justice or just who gave judg

ment was an acting justice or justices of said county; on which certificate any justice or justices in any other county in this state shall and may award execution for the sums therein expressed, against such defendant or defendants; any law to the contrary notwithstanding.

Where judgment shall be had and execution not issued within twelve months thereafter, it shall be lawful to sue for and recover the same by warrant, before a justice of the peace, and that the former judgment shall be evidence of the