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arrest was granted and executed in a case specified in subdivision three of that section, and in either case if the defendant is a male person, the justice must insert in each transcript given by him as prescribed in the last section, the words, "defendant liable to execution against his person;" and a like note must also be made in the docket of the judgment made by the county clerk.

[Code, § 3018,

without change.]

§ 345. Docketing judgment in another county. The clerk with whom a transcript given by a justice is filed as prescribed in either of the foregoing sections of this article, must furnish to any person applying therefor, and paying the fees allowed by law, one or more transcripts of the docket of the judgment, attested by his signature. A county clerk to whom such a transcript is presented must, on payment of the fees therefor, immediately file it, and docket the judgment in the appropriate docketbook 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 on 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.

[Code, § 3022,

without change.]

§ 346. 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 article.

[Code, § 3023,

without change.]

§ 347. Judgment for or against a married woman.-Judgment for or against a married woman may be rendered and enforced as if she were single.

[Code, § 1206, omitting reference to courts, as unnecessary in this chapter.]

§ 348. Judgment to bear interest.-A judgment for a sum of money bears interest from the time it is entered.

[Code, § 1211, so far as its provisions seem applicable to justices' courts.]

ARTICLE XIII.

EXECUTIONS.

Section 355. When justice may issue execution.

356. Execution on judgment docketed with county clerk.

357. Execution on transcript from justices' court.

358. General requisites of execution.

359. Execution on judgment for money.

360. Execution in replevin.

361. Time of receipt to be indorsed on execution.

362. Renewal of execution.

363. Priority of execution.

364. Certain special exemptions not affected by this ar

ticle.

365. What personal property is exempt when owned by a householder.

366. Additional personal property exempt in certain

cases.

367. When defendant not entitled to exemption.

368. Woman entitled to same exemption as householder. 369. Military pay, rewards, exempt from execution and other legal proceedings.

370. Right of action for taking exempt property.

371. Levy and notice of sale.

372. Sale on execution, when and how conducted.

373. Penalty for taking down or defacing notice of sale.

Section 374. Validity of sale, when not affected by constable's

default.

375. Purchase on such sales by certain officers prohib

ited.

376. Personal property bound by execution.

377. Title bona fide purchasers before levy, not af

fected.

378. Execution may be levied on current money.

379. Levy on certain evidences of debt.

380. Interest of bailor in goods pledged may be sold.

381. Sale of personal property, how made.

382. Return of execution.

383. Execution against the person; imprisonment of

judgment debtor.

384. When execution against a person cannot issue. 385. Execution against a woman.

386. When judgment debtor to be discharged.

387. Affidavit; discharge.

388. Penalty for not discharging.

389. Affidavit a defense to action for escape.

390. Discharge not to affect judgment.

391. Execution on judgment in action for a chattel.

392. Action against constable for not returning execu

tion.

393. Constable not to act under execution after return

day..

394. Action against constable for money collected.

395. Duty of constable whose term of office has expired.

Section 355. 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 thereon, unless it has been docketed in the county clerk's office.

[Code, § 3024,

without change.]

§ 356. Execution on judgment docketed with county clerk.— Where a judgment rendered by a justice of the peace has been docketed with a county clerk, on 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 thereon by the county clerk must be in the same form and executed in the same manner as an execution issued on a judgment of the county court; except as otherwise prescribed in the next section; and except, also, that where the judgment is for a sum less than twenty-five dollars, exclusive of costs, the direction to satisfy the judgment out of the real property of the judgment debtor must be omitted. In that case the provisions of the code of civil procedure, relating to the satisfaction of an execution out of the judgment debtor's real property, are not applicable thereto.

[Code, § 3043,

without change.]

§ 357. Execution on transcript from justice's court.-Where an execution is issued out of a court other than that in which the judgment was rendered, on filing a transcript of the judgment rendered in the latter court, it must also specify the clerk with whom the transcript is filed, and the time of filing; and it must be made returnable to that clerk. If the judgment was rendered in a justice's court, it must specify the justice's name; and it must omit the specification respecting the filing of the judgment-roll. [Code, § 1367,

without change.]

$358. 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.

[Code, § 3025,

without change.]

§ 359. Execution on 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 on 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 subdivisions one or two of section 82; or if an order of arrest was granted and executed in a case specified in subdivision three of that section, the execution must also command the constable, if sufficient personal property cannot be found to satisfy the judgment, to arrest the judgment debtor and convey him to the jail of the county, there to remain until 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 60, with respect to a copy of the summons.

[Code, § 3026,

without change.]

§ 360. Execution in replevin.-An execution for the delivery of a chattel must particularly describe the property, and designate the party to whom the judgment awards the possession thereof; and it must substantially require the constable to deliver the possession of the property within his county to the party entitled thereto. If a sum of money is awarded by the same judgment, it may be collected by virtue of the same execution; or a separate execution may be issued for the collection thereof, omitting the direction to deliver possession of the property. If one execution is issued for both purposes, it must contain with respect to the

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