the judgment in the appropriate docket-book kept in his office, in like manner as the judgment was docketed by the first county clerk. The judgment, when docketed as prescribed in this section, has the like effect, with respect to the enforcement thereof, or any proceedings thereunder, or by virtue thereof, in the county where it was so docketed, as if it was rendered by a justice of the peace of that county, and docketed upon filing his transcript; except that where an application for leave to issue an execution is necessary, it must be made to the county court of the county where the judgment was rendered. From Co. Proc. remainder of § 63 and last clause of § 284. See § 1397, Consol. Act. § 3023. Justice may give transcript, after expiration of his term. A justice of the peace, whose term of office has expired, may make a transcript of a judgment rendered by him, as prescribed in either of the foregoing sections of this title. TITLE VII. Executions. SEC. 3024. When justice may issue execution. 3025. General requisites of execution. 3026. Execution upon judgment for money. 3027. Renewal of execution. 3028. Property exempt from execution. 3029. Indorsement of levy; notice of sale. 3030. Mode of levy and sale. 3031. Return of execution. 3032. Execution against the person; imprisonment of judgment debtor. 3033. When judgment debtor to be discharged. 3034. Affidavit; discharge. 3035. Penalty for not discharging. 3036. Affidavit a defence to action for escape. 3037. Discharge not to affect judgment. 3038. Execution upon judgment in action for a chattel. § 3024. When justice may issue execution. At any time within five years after entry of a judgment, the justice of the peace, who rendered it, being in office, may issue an execution thereupon, unless it has been docketed in the county clerk's office. From Co. Proc. § 64, sub. 12, first clause, and part of sub. 13. See §§ 1399, 1403, Consol. Act. § 3025. General requisites of execution. An execution, issued by a justice, must be directed generally to any constable of the same county. It must intelligibly describe the judgment, stating the names of the parties in whose favor, and against whom, the time when, and the name of the justice by whom, the judgment was rendered; and it must be made returnable to the justice, within sixty days after its date. From 2 R. S. 249, Part 3, ch. 2, tit. 4, § 131, first clause (2 Edm. 266), and Co. Proc. § 64, sub. 12, last clause. § 3026. Execution upon judgment for money. An execution, issued upon a judgment for a sum of money, must specify, in the body thereof, the sum recovered, and the sum actually due upon the judgment at the date of the execution; and, except in a case where special provision is otherwise made by law, it must, substantially, require the constable to satisfy the judgment, together with his fees, out of the personal property of the judgment debtor within the county, not exempt from levy and sale by virtue of an execution; and to bring the money before the justice, by the return day of the execution, to be rendered, by the justice, to the party who recovered the judgment. If the judgment was recovered against a male person, in either of the actions specified in subdivision first or second of section 2895 of this act; or if an order of arrest was granted, and was executed, in a case specified in subdivision third of that section, the OS execution must also command the constable, if sufficient personal property cannot be found to satisfy the judgment, to arrest the judgment debtor, and to convey him to the jail of the county, there to remain unti he pays the judgment, or is discharged according to law. If the judgment was rendered in an action to recover a penalty or forfeiture given by a statute of the State, the justice must indorse upon the execution a reference to the statute, as prescribed in section 1897 of this act, with respect to a copy of the summons. From 2 R. S. 249, § 101. § 3027. Renewal of execution. After the return, wholly or partly unsatisfied, of an execution, issued by a justice of the peace, he may, from time to time, within five years after the judgment was rendered, issue a new execution or renew the former execution. An execution is renewed by a written indorsement thereupon to that effect, signed by the justice, and dated upon the day when it is made. If part of the execution has been satisfied, the indorsement must state the sum remaining due. Each indorsement renews the execution for sixty days from the date thereof. A justice whose term of office has expired may thus issue or renew an execution. From Id., §§ 145 and 147; and, 2 R. S. 271, Part 3, ch. 2, tit. 4, § 258 (2 Edm. 259), ch. 341 of 1840; ch. 276 of 1846; ch. 512 of 1851 (4 Edm. 548), and Co. Proc. § 64, sub. 12. See 1403, Consol. Act. § 3028. Property exempt from execution. The same personal property is exempt from levy and sale, by virtue of an execution issued by a justice of the peace, which is exempt from levy and sale, by virtue of an execution issued out of the supreme court, and in the like cases, and under the same circumstances, as prescribed in sections 1389, 1390, 1391, 1392, 1393, and 1394 of this act, and the other special provisions of law, relating to such an exemption. From Id.. 169, as amended by subsequent acts. § 3029. Indorsement of levy; notice of sale. A constable, who takes personal property into his custody, by virtue of an execution, must indorse upon the execution the time of levying upon it. He must immediately post conspicuously, in at least three public places of the city or town, in which the property was taken, written or printed notices, signed by him, describing the property, and specifying the place, within the same city or town, where, and the time not less than six days after the posting, when, it will be exposed for sale. From Id., § 148. § 3030. Mode of levy and sale. The provisions of sections 1384, 1385, 1386, 1387, 1405, 1409, 1410, 1411, 1412, and 1428 of this act, substituting the constable for the sheriff, apply to and govern the levy upon and sale of personal property, by virtue of an execution issued by a justice of the peace; except where a different rule is prescribed in this act. § 3031. Return of execution. The constable must return the execution to the justice and pay to him the amount of the judgment, with interest, or so much thereof as he has collected; returning the surplus, if any, to the person from whose property it was collected. From Id., § 149. § 3032. Execution against the person; imprisonment of judgment debtor. For want of sufficient personal property, whereon to levy, the constable must, if the execution requires it, arrest the judgment debtor, and convey him to the jail of the county. The keeper of the jail must thereupon keep the judgment debtor in custody, in all respects as if the execution was issued out of the supreme court, until the judgment and the fees of the constable are paid; or until the judgment debtor is thence discharged, in due course of law; except that if the execution has an indorsement, showing that the judgment was rendered in an action for a penalty or forfeiture, given by a statute of the State, the sheriff shall not admit the judgment debtor to the liberties of the jail. From Id., § 151 and part of § 143. § 3033. When judgment debtor to be discharged. If a person committed to jail by virtue of an execution issued by a justice of the peace, or out of the municipal court of Buffalo, or by virtue of an execution issued by a county clerk on a transcript of a judgment recovered before a justice of the peace, or in the said municipal court of Buffalo, has a family within the State, for which he provides, he must be discharged, after remaining in custody either with or without being admitted to the jail liberties thirty days; otherwise, he must be discharged after so remaining sixty days. From Id., § 152. Am'd by ch. 394 of 1883. § 3034. Affidavit; discharge. In order to procure a discharge, as prescribed in the last section, the prisoner must make, and deliver to the sheriff or jailor, an affidavit, stating the facts which entitle him thereto, according to the provisions of that section. Upon receiving such an affidavit, the sheriff or jailor must forthwith discharge the prisoner from his custody. He must thereupon deliver the affidavit to the clerk of the county, who must file it in his office, without fee. From Id., §§ 153 and 154. § 3035. Penalty for not discharging. A sheriff or jailor, who refuses to discharge a prisoner, upon receiving such an affidavit, forfeits twenty-five dollars for each day, during which he detains the prisoner; to be recovered by the latter, in addition to any damages, which he sustains by reason of the false imprisonment. From Id., § 155 § 3036. Affidavit a defence to action for escape. The receipt of such an affidavit is a defence, to an action brought against the sheriff or jailor, by reason of the prisoner's discharge. From Id., 156. § 3037. Discharge not to affect judgment. Notwithstanding the discharge of a judgment debtor, as prescribed in the last four sections, the judgment remains valid as against his property; and a new execution may be issued accordingly, as if he had not been imprisoned. From Id., § 157. §3038. Execution upon judgment in action for a chattel. In an action for a chattel, the possession of which has not been delivered to the prevailing party, an execution for the delivery of the possession thereof to him, as well as for any damages recovered by him, may be issued by the justice; unless the judgment has been docketed in the county clerk's office, as prescribed in title sixth of this chapter. It must be to the same effect, and executed in the same manner, as a like execution issued upon a judgment rendered in the supreme court; except that it must be directed generally to any constable of the county; and that the direction to satisfy a sum of money, out of the property of the judgment debtor, must be in the form prescribed in this title for a like direction, where an execution is issued by a justice of the peace, upon a judgment for a sum of money. From ch. 131 of 1860, § 10 (5 Edm. 136), as amended by ch. 616 of 1865. § 3039. Action against constable for not returning execution. If a constable fails to return an execution within five days after the return day thereof, the party, in whose favor it was issued, may recover, in an action against the constable, the amount of the execution, if it was issued upon a judgment for a sum of money; or if it was for the delivery of the possession of a chattel, the value of the chattel, as specified in the judgment, together with the damages and costs awarded thereby; and, in either case, with interest from the time when the judgment was rendered. From a R. S., § 159. § 3040. Constable not to act under execution after return day. A constable shall not levy upon or sell property, or arrest a defendant, or take possession of a chattel, by virtue of an execution, after the time limited therein for its return, unless the execution has been renewed; nor shall he do any act under a renewed execution, after the expiration of the time for which it has been renewed. From Id., 161. § 3041. Action against constable for money collected. Where money, collected by a constable upon an execution, is not paid over by him according to law, any person entitled thereto may maintain an action in his own name, upon the instrument of security given by the constable and his sureties; and may recover therein the sum so collected, with interest from the time when it was collected. From Id., § 163. § 3042. Duty of constable whose term of office has expired. A constable, to whom an execution is delivered, whose term of office expires on or before the return day thereof, must proceed thereupon in the same manner, as if his term of office had not expired; and he and his sureties are liable for any neglect of duty, with respect to the execution; or for money collected thereunder, or for damages sustained by reason of any act done by the constable, touching the execution, in the same manner, and to the same extent, as if his term of office had not expired. From Id., §§ 285 and 286. § 3043. Execution upon judgment docketed with county clerk. Where a judgment, rendered by a justice of the peace, has been docketed with a county clerk, upon the filing either of a transcript from the justice's docket, or of a transcript from the clerk's docket of another county, the execution, to be issued thereupon by the county |