against a defendant not summoned it is evidence only of the extent of the plaintiff's demand, after the liability of that defendant has been established by other evidence. [Code, § 1933, with the omission of the sentence " where it is taken against a defendant, upon whom the summons was served by publication, or without the state, pursuant to an order for that purpose, it has the effect, as against that defendant, specified in § 445 of this act." And also by the omission of the words, "such a defendant, who is allowed to defend after judgment, or as against."] § 432. Docketing the same; action thereon.-The justice who gives a transcript of a judgment, taken as prescribed in the last section, must distinctly designate in the transcript each defend. ant who was not summoned. Thereupon the clerk who dockets the judgment must write on the docket opposite or under the name of each defendant on whom the summons was not served, the words "not summoned," and a like entry must be made by each county clerk with whom the judgment is afterwards docketed. The judgment does not by virtue of its being docketed bind any real property or chattel real owned by such a defendant. An action on a judgment so docketed can be maintained in a justice's court against the defendants summoned, only in a like case and with like effect as if they were the only defendants in the original action. [Code, §§ 1936, 3021, combined.] § 433. Execution; indorsement thereon.-An execution on such a judgment must be issued in form against all the defendants; but the justice or county clerk must indorse thereon a direction to the sheriff, containing the name of each defendant who was not summoned, and restricting the enforcement of the execution as prescribed in the next section. [Code, § 1934, without change, except the omission of the words "attorney for the judgment creditor," and the insertion of the words, "justice or county clerk."] § 434. How collected.-An execution against the person, issued on such a judgment, shall not be enforced against the person of a defendant whose name is so indorsed thereon. An execution against property, issued on such a judgment, shall not be levied on the sole property of such a defendant; but it may be collected out of personal property owned by him jointly with the other defendants who were summoned, or with any of them; and out of the real and personal property of the latter, or of any of them. [Code, § 1935, without change.] § 435. Action against defendants not personally summoned.-After the recovery of a judgment against joint debtors an action may be maintained by the judgment creditor against one or more of the defendants who were not summoned in the original action, to recover the sum remaining unpaid on the original judgment. [Code, § 1937, rewritten, by providing for an action to recover the amount of the original judgment instead of an action to charge property of the defendants not served.] § 436. Complaint in such action.-The complaint in such an action must be verified; must contain an allegation that the judg ment has not been paid; and must state the sum remaining unpaid thereon at the time of the verification. [Code, § 1938, without change.] § 437. Answer.-The defendant's answer is restricted to defenses or counterclaims which he might have made in the original action, if the summons therein had been served on him when it was first served on a defendant jointly indebted with him; objections to the judgment; and defenses or counterclaims which have arisen since it was rendered. [Code, § 1939, without change.] § 438. Provisional remedies.-For the purpose of obtaining an order of arrest, or a warrant of attachment, the action is regarded as being founded on the contract on which the original judgment was recovered. [Code, § 1940, without change, except the omission of the words," an injunction order," as being inapplicable to justices' courts.] § 439. Judgment.-Where the judgment is in favor of the plaintiff it must determine the sum remaining unpaid on the original judgment; and it may be docketed and an execution issued thereon as if it was a judgment for the sum so remaining unpaid, and the costs, if any. Costs must be awarded as if the action was brought on the original contract, and the sum so remaining unpaid had been recovered therein. [Code, § 1941, without change.] § 440. Joint debtors may compound separately; mode and effect. -A joint debtor may make a separate composition with his creditor, as prescribed in this section. Such a composition discharges the debtor making it, and him only. The creditor must execute to the compounding debtor a release of the indebtedness, or other instrument exonerating him therefrom. A member of a partnership cannot thus compound for a partnership debt until the partnership has been dissolved by consent or otherwise. In that case the instrument must release or exonerate him from all liability incurred by reason of his connection with the partnership. An instrument specified in this section does not impair the credi tor's right of action against any other joint debtor, or his right to take any proceeding against the latter; unless an intent to release or exonerate him appears affirmatively on the face thereof. [Code, § 1942, without change.] § 441. Satisfying judgment.-An instrument specified in the last section is deemed a satisfaction-piece, for the purpose of discharging the docket of a judgment recovered on an indebtedness released or discharged thereby, as far as the judgment affects the compounding debtor. Where the docket of a judgment is discharged thereupon, a special entry must be made on the docket to the effect that the judgment is satisfied as to the compounding debtor only. [Code, § 1943, without change, except the omission of the words "as prescribed in section 1260 of this act."] § 442. Rights of the debtors not released.-Where a joint debtor has thus compounded, a joint debtor who has not compounded may make any defense or counterclaim, or have any other relief, as against the creditor, to which he would have been entitled if the composition had not been made. He may require the compounding debtor to contribute his ratable proportion of the joint debt, or of the partnership debts, as the case may be, as if the latter had not been discharged. [Code, § 1944, without change.] § 443. Action against persons engaged in transportation.-In an action brought against one or more persons engaged as a jointstock association, partnership, or otherwise, in the periodical transportation of passengers or property, an objection to any of the proceedings cannot be taken by a person properly made a defendant, on the ground that the plaintiff has joined with him as a defendant a person not jointly engaged with him in that business, or on the ground that the plaintiff has failed so to join with him a person so jointly engaged, unless the persons so engaged have, at least thirty days before the commencement of the action, filed in the clerk's office of each county, in which they transport passengers or property, a statement showing the names of all of them. A statement so filed is conclusive for the purposes specified in this section, as against the persons filing it, until thirty days after filing in like manner a new statement showing a change of interest. [Code, § 1945, without change.] § 444. When partner not sued remains liable.-Where for any cause one or more partners have not been joined as defendants in an action on a partnership liability, and final judgment has been taken against the persons made defendants therein, the plaintiff, if the judgment remains unsatisfied, may maintain a separate action on the same demand, against each omitted partner, setting forth in the complaint the facts specified in this section, as well as the facts constituting his cause of action on the demand. [Code, § 1946, without change. ARTICLE XVI. ANIMALS STRAYING ON HIGHWAYS. Section 450. Action against person suffering animals to stray. 451. Penalties to be recovered. 452. Certain officers to seize animals straying. 453. When private person may seize such animals. 454. Officer or person seizing to present petition. 455. Precept thereon. 456. Precept; how served. 457. Proof of service of precept. 458. Answer; trial. 459. Decision in favor of petitioner; warrant to sell; execution thereof. 460. Application of proceeds of sale. 461. Disposition of surplus. 462. When no claim made within a year. 463. Order upon claim for surplus; appeal therefrom. 464. Proceedings on decision in favor of person answer. ing. 465. Demand of possession before trial; proceedings thereon. 466. When animal wilfully set at large by third person. 467. Action by owner in such a case. |