judgment, and to each execution issued thereupon; except that, where the justice or the county clerk issues the execution, he must make the indorsement prescribed in section 1934 of this act. Substituted for R. S., 22 122 and 123. Ingalls v. Sprague, 10 Wend. 672. § 3021. Docketing the same; action thereupon. The justice who gives a transcript of a judgment, taken as prescribed in the last section, must distinctly desig nate, in the transcript, each defendant who was not summoned. Thereupon the clerk, who dockets the judgment, must make in the docket, under or opposite the name of each defendant not summoned, an entry, as prescribed in section 1936 of this act; and the provisions of that section apply to the judgment so dock. eted. An action, upon 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. An action may be maintained against the defendants not summoned, as prescribed in section 1937 of this act, in any court having jurisdiction thereof; and the plaint iff is entitled to costs, upon recovering final judgment therein, where the sum remaining unpaid is twenty-five dollars or more. New. Settles conflict between Johnson v. Smith, 14 Abb. 421, and Ticknor v. Kennedy, 4 Abb. N. S. 417. $ 3022. 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 title, must furnish to any person applying there for, 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, upon payment of the fees there for, immediately file it, and docket 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 thereun der, 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. Code of Proc., 63, and R. S., part of 284. 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 judg. ment rendered by him, as prescribed in either of the foregoing sections of this title. New TITLE VII. Executions. SEC. 3024. When justice may issue execution. 3026. Execution upon judgment for money. 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. 3039. Action against constable for not returning execution. -- 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 of fice, may issue an execution thereupon, unless it has been docketed in the county clerk's office. Code of Proc., 264, subd. 12 and 13. People ex rel. v. Clerk of Marine Court, 3 Abb. 309; 13 How. 260. § 3025. General requisites of execution.- An execution, issued by a justice, must be directed generally to any constable of the same county. It must intelligi. bly describe the judgment, stating the names of the par ties 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. R. S., part of 131. Price v. Shipps, 16 Barb. 585; Bander v. Burley, 15 id. 604; Field v. Parker, 4 Hun, 342; Toof v. Bently, 5 Wend. 276; Morse v. Goold, 11 N. Y. 281; Bates v. James, 3 Duer, 45. - § 3026. Execution upon judgment for money.Ar 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 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 until he pays the judgment, or is discharged ac cording to law. If the judgment was rendered in an action to recover a penalty or forfeiture given by a stat ute of the State, the justice must indorse upon the exe cution a reference to the statute, as prescribed in section 1897 of this act, with respect to a copy of the summons. Id., 131, amended; L. 1831. ch. 300. Fisher v. Laffer, 1 E. D. Smith, 611. § 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 there. upon to that effect, signed by the justice, and dated upon the day when it is made. If part of the execu tion 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. Id., 22 145 and 147. Morse v. Goold, 11 N. Y. 281; Price v. Hubbard, 10 Johns. 405; People v. Hopson, 1 Den. 574; Visger v. Ward, I Wend. 551; Wickham v. Miller, 12 Johns. 320. § 3028. Property exemptfrom execution. The same personal property is exempt from levy and sale, by vir tue 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. Id., 169, amended. § 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 immedi. ately 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. Id., 148, amended. Wylie v. Hyde, 13 Johns. 249; Havens v. Gordon, 5 Hun, 178; Brown v. Cook, 9 Johns. 361; Harvey v. Dane, 12 Wend.561; Platt v. Sherry, 7 id. 236; Townsend v. Phillips, 10 Johns. 98. § 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 rula is prescribed in this act. New. § 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 col lected. R. S., part of 149. Dexter v. Broat, 16 Barb. 337; Ross v. Hicks, 11 id. 481. § 3032. Execution against the person; imprison ment 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; ex. cept 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 liber ties of the jail. Id., part of 23 151 and 143. Barhydt v. Valk, 12 Wend. 145; Van Slyck v. Taylor, 9 Johns. 146; Connors v. Joyce, 3 Lans. 315; Hollister v. Johnson, 4 Wend. 639. S3033. [Amended, 1883.] If a person committed to jail by virtue of an execution issued by a justice of the peace, orout 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. Id., 152, amended. Albany, City. Court, L. 1884, ch. 122; L. 1883, ch. 26 § 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 jailer, an affi. davit, stating the facts which entitle him thereto, ac cording to the provisions of that section. Upon receiv ing such an affidavit the sheriff or jailer must fortn with 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. Id.. 22 153 and 154. Coman v. Merrill, 19 Johns. 277; Judd v. Fulton 10 Barb. 117. 3035. Penalty for not discharging.-A sheriff of jailer, who refuses to discharge the prisoner, upon re |