e
justice.
Sec.6. If a judgment is not paid within the time prescribed by law, the
justice issues an _execution_, which is a precept directing a constable
to collect the amount of the judgment; and authorizing him to take and
sell the goods and chattels of the debtor, and to make his returns to
the justice within the time required. _Goods_ and _chattels_ are
personal or movable property, or property other than freehold, or real
estate. If the money can not be collected, the execution is returned as
not satisfied. If a constable does not faithfully obey the directions
contained in the execution, he and his sureties become liable to pay the
judgment.
Sec.7. Laws have been passed in all the states for the benefit of poor men,
who are allowed to retain, for the use and comfort of themselves and
their families, certain articles of personal property, which may not be
sold on execution; such as necessary household furniture, apparel, beds,
tools and implements of trade, &c. The practice which formerly
prevailed, of imprisoning debtors who were unable to satisfy executions,
has been abolished, except for fines and penalties.
Sec.8. The foregoing description of the proceedings of a justice's court is
that of a prosecution in ordinary cases. But there are other modes of
prosecution in certain cases, one of which is by attachment. An
_attachment_ is a writ directing the property of a debtor to be taken,
and kept till a trial can be had, and judgment obtained. This mode of
proceeding is adopted when the plaintiff has reason to believe that a
debtor conceals himself to avoid being prosecuted by summons, or is
about to remove his property or himself from the county, or intends in
some other way to defraud his creditors.
Sec.9. In case of an absent or concealed debtor, the constable, (as is
supposed to be the common practice,) leaves a copy of the attachment,
with an inventory or list of the articles of property attached, at the
defendant's last place of abode, or, if he had none in the county, the
copy and inventory are to be left with the person in whose possession
the property is found. If the defendant does not appear on the day of
trial, the plaintiff may proceed to prove his demand and take judgment.
An execution is then issued against the property attached.
Sec.10. If either party is dissatisfied with a judgment rendered in a
justice's court, he may _appeal_ to a higher court for trial, or for a
review of the judgmen
|