$ 64. (SEC. 62.) Same-entries to be made. If any justice shall set off one judgment against another, he shall make an entry thereof in his docket, and execution shall issue only for the balance due after such set-off. If a justice allows a transcript of a judgment rendered by another justice to be set off, he shall file such transcript among the papers relating to the judgment in which it is allowed in set-off; if he refuses such transcript as a set-off, he shall so certify on the transcript, and return the same to the party who offered it.

$ 65. (SEC. 63.) Judgment by confession. Any justice may enter a judgment by confession of the defendant in any case when the debt or damage does not exceed one hundred dollars.

§ 66. (SEC. 64.) Same-requisites to be complied with. No confession shall be taken, or judgment rendered thereon, unless the following requisites are complied with: First. The defendant shall personally appear before the justice.

Second. The confession shall be in writing, signed by the defendant, and verified by his oath, and filed with the justice.

Third. If it is for money due, or to become due, the confession shall state concisely the facts out of which it arose, and show that the sum confessed therefor is honestly due, or to become due. If it is for the purpose of securing a contingent liability, it shall state concisely the facts constituting the liability, and show that the sum confessed therefor does not exceed the same.

$67. (SEC. 65.) Same-papers to be filed-costs-judgment roll. The statement and affidavit shall be filed with the justice, who shall indorse upon it the time of filing, and enter upon his judgment book a judgment for the amount confessed, with one dollar costs. The statement and affidavit, with the judgment indorsed, thereupon become the judgment roll.

§ 68. (SEC. 66.) Time when judgment shall be entered. In cases where the plaintiff is nonsuited, or withdraws his action, or where judgment is confessed, and in all cases where a verdict is rendered, the justice shall forthwith render judgment, and enter the same in his docket. In all other cases, he shall render judgment, and enter the same in his docket, within three days after the action is submitted to him for decision.

§ 69. (SEC. 67.) Judgment for costs, on dismissal. Whenever an action is dismissed for any cause, judgment shall be rendered for costs, and execution may issue to enforce such judgment, in the same manner and with the same effect as in other cases.

§ 70. (SEC. 68.) Summons not personally served-bond for restitution. In all cases where the service of the summons is made by leaving a copy thereof at the last usual place of abode of the defendant, and where the service of the summons is made by publication, before judgment is rendered, the plaintiff shall file or cause to be filed with the justice a bond with sufficient sureties, to be approved by said justice, in double the amount of the judgment claimed, conditioned that if the defendant, within six months from the rendition of the judgment, appears and is admitted to defend the action, the plaintiff will abide the order of the court therein, and will refund all amounts collected upon said judgment, and make restitution of all property received in virtue thereof, if ordered by said court, and pay all costs and damages that may be adjudged against him. (As amended 1869, c. 74. § 1.)

§ 71. (SEC. 69.) Same defendant let in to defend after judgment. At any time within six months from the rendition of the judgment, as provided in the preceding section, the defendant therein shall be permitted to appear and defend said action, upon complying with the following conditions:

First. He shall serve a notice upon the plaintiff, his agent or attorney, specifying that on a day therein named, which shall not be less than three nor more than ten days from the day of service thereof, that the defendant will apply to the justice of the peace before whom the judgment was rendered, or his successor in office, to have the said judgment reopened.

Second. He shall file a bond with said justice, with sureties to be approved by him, in a sum double the amount of the judgment, conditioned that he will abide the order of the court in the case, and pay all costs and damages that may be adjudged against him therein.

Third. He shall file a verified answer in said case. If said answer contains a good defence to the complaint in said action, or any material part thereof, said justice shall order said judgment reopened, and like proceedings shall thereafter be had therein as by law provided for actions in justices' courts. (As amended 1869, c. 74, § 1.)

$ 72. (SEC. 70.) Transcript of judgment-filing and docketing in district court. Every justice, on demand of any person in whose favor he has rendered judgment for more than ten dollars exclusive of costs, shall give to such person a certified transcript of such judgment; and the clerk of the district court of the county in which the judgment was rendered, shall, upon the production of any such transcript, file the same in his office, and forthwith enter such judgment in the docket of the district-court judgments, and shall note therein the time of filing such transcript; and every justice having custody, by virtue of his office, of the docket of any former justice, shall give a transcript of any judgment therein appearing, with like effect as if such judgment had been rendered before him.

$73. (SEC. 71.) Same-effect of filing transcript-lien-execution. Every such judgment, from the time of filing the transcript thereof, shall become a lien on the real estate of the defendant in the county, to the same extent as a judgment of the district court of the same county, shall be equally under the control of the district court, and be carried into execution in the same manner and with like effect as the judgment of such district court; and upon filing with the clerk of the district court of any other county, a transcript of the original docket of a justice's judgment in the district court of the county where it was rendered, the same shall be therein docketed, and thereupon become a lien upon the real property in such county, in the same manner as provided upon the filing of transcripts of judgments in the district court; but no execution shall be issued thereon out of any district court, until an execution has been issued by the justice, and returned that the defendant has no goods or chattels whereon to levy the same, which shall appear by a certificate from the justice, filed with the clerk of the district court.

§ 74. (SEC. 72.) Same-execution, on what leviable. Every judgment, when a transcript thereof is filed in the clerk's office of any district court, shall become a lien upon the real estate of the defendant as in other cases; but in cases where the service of the summons was by publication, any execution issued out of the district or justice court shall be enforced only against the real estate upon which such judgment is a lien, or in case any property, money, effects or credits of the defendant have been seized or attached by virtue of any writ of attachment or garnishee process issued in the action, then upon the property, money, effects or credits, seized, attached or held by virtue of such process.

*S 75. Presumption in favor of judgment. In all cases where a judgment has been rendered by a justice of the peace, and the same has not been appealed from, or reversed, or annulled, and has remained undisturbed for a period of not less than two years, such justice of the peace shall be presumed to have had jurisdiction of the subject-matter of the action and the parties thereto at the time of rendering such judgment, where it appears by the docket, or transcript thereof on file in the office of the clerk of the district court of the proper county, that, at the time of rendering such judgment, he did acquire such jurisdiction; and a duly certified transcript thereof shall be received as evidence of such judgment in all the courts of this state: provided, that where such transcript is to be used outside of the county in which such judgment was rendered, there shall be attached thereto a certificate of the clerk of the district

court of the proper county, to the effect that at the date of the rendering of such judgment, such justice of the peace was such officer, duly elected and qualified as such. (1871, c. 70, § 1.)

TITLE 8.

EXECUTION AND PROCEEDINGS THEREON.

$76. (SEC. 73.) Execution, when to be issued. Upon every judgment rendered by a justice, execution shall be issued by such justice, in the manner hereinafter prescribed, at any time, on demand, after the expiration of the period allowed by law for taking an appeal from said judgment.

§ 77. (SEC. 74.) Form of execution. The execution shall command the officer to levy the debt or damages, together with the interest thereon and the costs, upon the goods and chattels of the person against whom the execution is granted, except such articles as are exempt by law from execution, and to pay the money, within thirty days from date, to the justice who issued the execution.

$ 78. (SEC. 75.) Entries in docket-indorsement on execution. Before any execution is delivered, the justice shall state in his docket, and also on the back of the execution, the amount of the debt or damages, and costs, separately; and the officer receiving such execution shall indorse thereon the time of the reception of the same.

$ 79. (SEC. 76.) Execution may be renewed-execution after filing of transcript. If any execution is not satisfied, it may, at the request of the plaintiff, be renewed from time to time, by the justice issuing the same, by an indorsement to that effect, dated and signed by him; if any part of such execution has been satisfied, the indorsement of renewal shall express the sum due on the execution; every such indorsement shall renew the execution in full force in all respects, for thirty days, and no longer. An entry of such renewal shall be made in the docket of the justice.

If an execution shall not have been issued prior to the delivery of a transcript of the judgment to the judgment creditor, and filing of the same with the clerk of the district court, as provided in section seventy of this chapter, the justice may issue an execution upon such judgment after such delivering or filing of such transcript; and on the return thereof unsatisfied, in whole or in part, shall, on demand of such creditor, deliver to him a certified transcript of the entries in his docket relating to the issuing and return of such execution, and the amount collected thereon, and the costs accrued since the entry of judgment. The judgment creditor may file such transcript with the clerk of the district court where the judgment is docketed, who shall thereupon make a note of the facts, in the docket of such judgment in his office; and thereafter execution may issue, as provided in section seventy-one of this chapter, for the amount of the original judgment unsatisfied at the time of issuing the same, and interest and costs accrued. (As amended 1871, c.

71, § 10. (SEC. 77.) Notice of sale of property levied on. The officer, after taking goods

and chattels into his custody by virtue of an execution, shall, without delay, give public notice, by at least three advertisements, posted in three public places in the election district where the property is to be sold, of the time and place when and where the same will be exposed for sale. Such notice shall describe the goods and chattels taken, and be posted at least ten days before the day of sale.

§ 81. (SEC. 78.) Sale, how made-return of execution. At the time so appointed, the officer shall expose the goods and chattels to sale at public vendue to the

highest bidder. The officer shall in all cases return the execution, and have the money before the justice at the time of making such return.

§ 82. (SEC. 79.) Officer not to be purchaser. No officer shall, directly or indirectly purchase any goods and chattels at any sale made by him upon execution.

$83. (SEC. 80.) Officer to receive money tendered, and give receipt. The officer who holds an execution shall receive all money tendered to him in payment thereof, and indorse the same on the execution, and give the person paying the same a receipt therefor, in which shall be specified on what account the same was paid.

STAY OF EXECUTION.

*S 84. Stay, how obtained-for what time-recognizance. Execution upon a judgment rendered by any justice of the peace in this state may be stayed as hereinafter provided: Upon a judgment for any sum not exceeding ten dollars, exclusive of costs, one month; upon a judgment not exceeding twenty-five dollars, exclusive of costs, two months; upon a judgment exceeding twenty-five dollars, and not exceeding fifty dollars, three months; upon a judgment exceeding fifty dollars, and not exceeding seventy-five dollars, exclusive of costs, four months; upon a judgment exceeding seventy-five dollars, exclusive of costs, six months; provided, that in order to obtain such stay, the party applying therefor shall, within ten days after judgment is rendered, file a recognizance, with one or more responsible persons, to be approved by the justice, as bail for him, conditioned that the judgment debtor will pay the amount of such judgment, interest and costs, within the time for which the stay is granted, and authorizing the justice to issue execution for such amount upon default of such payment: provided, that the interest to be allowed shall be at the rate of twelve per cent. per annum on the amount of the judgment, including the costs. (1871, c. 68, § 1.)

*§ 85. Same-execution at expiration of stay. If the judgment, interest and costs be not paid at the expiration of the time for which the same may have been stayed, the judgment creditor may have execution issued against the judgment debtor and the bail, for the amount thereof and accruing costs and interest (Id. § 2.)

*S 86. Same-form of recognizance-amount. The recognizance provided for in section one of this act may be in the following form: We, A. B. and C. D., do hereby acknowledge ourselves to owe and be indebted to E. F. in the sum of- -dollars, to be levied and collected of our several goods and chattels if default be made in the condition following: Whereas, the above-named E. F. did, on the

day of, A. D. 18-, recover a judgment for the sum of- -dollars against the above-named A. B., in the justice's court of G. H., Esq., a justice of the peace in and for the county of- and state of Minnesota, and said A. B. desires a stay of execution thereon for the term of-month from the date thereof: Now, if said A. B. shall pay to said justice of the peace, or his successor in office, for the use of said E. F., the said sum of dollars, and interest thereon at twelve per cent. a year, said term of month, then this obligation shall be void; but if default be made in such payment, execution may issue against said A. B. and C. D., for such amount as may be due on said judgment, and interest as aforesaid, and costs accruing.

Dated this day of

A. D. 18-.

Taken and acknowledged before me the date aforesaid.

A. B.

C. D.

G. H., Justice of the Peace.

The recognizance shall be in double the amount of the judgment, including costs, and the bail shall justify in all cases, and shall possess the qualifications *An act providing for a stay of execution on judgments rendered in courts of justices of the peace. Approved March 6, 1871. (Laws 1871, c. 68.)

required by section one hundred and twenty-two of chapter sixty-six of the General Statutes. (1871, c. 68, § 3.)

*§ 87. Certificate of amount collected from bail. Every officer to whom an execution shall issue against bail as provided in the next preceding sections, shall certify in his return thereon whether the same, and what amount, if any, was collected from the bail, and the true date [of] such collection. (Id. § 4.)

TITLE 9.

REPLEVIN.

§ 88. (SEC. 81.) Writ of replevin may issue, when. When the object of the action is to recover the possession of personal property, the plaintiff or some other person shall, before any writ is issued, make an affidavit, and file the same with the justice.

$ 89. (SEC. 82.) Affidavit shall state what. Such affidavit shall state that the property (describing it) is wrongfully detained by the defendant, that the plaintiff is entitled to the immediate possession thereof, that it was not taken from him by any process legally and properly issued against him, or if so taken, that it was exempt from seizure on such process; it shall also state the value of the property according to the best knowledge and belief of the affiant.

16 M. 51; 23 M. 520.

§ 90. (SEC. 83.) Bond to be filed-penalty-condition—action on bond. The plaintiff shall also execute a bond to the defendant, with sureties, to be approved by the justice, in a penalty at least double the value of the property sought, conditioned that he will appear at the return day of the writ and prosecute his action to judgment, and return the property to the defendant, if a return thereof is ordered by the court, and also pay all costs and damages that may be adjudged against him; the bond shall be filed with the justice for the use of any person injured by the proceeding, and an action may be maintained on such bond to recover the amount of any judgment rendered on dismissal of the action for want of jurisdiction or other cause, or for failure to abide by any such judgment, or to return the property when ordered by the court upon such dismissal.

§ 91. (SEC. 84.) Form of writ. The justice shall thereupon issue a writ, directed to the sheriff or any constable of the county, commanding him to take the property therein described and deliver the same to the plaintiff, and summon the defendant to appear and answer the same on the return day mentioned in the writ.

§ 92. (SEC. 85.) Duty of officer. In obedience to such writ, the officer shall forthwith. take possession of the property mentioned in the writ, if the same is in the possession of the defendant or his agent, for which purpose he may break open any dwelling-house or other inclosure, having first demanded entrance, and exhibited his authority if required.

$93. (SEC. 86.) Claimant to be made codefendant. If a third person claims the property, he shall be made a codefendant.

§ 94. (SEC. 87.) Measure of damages, on recovery by plaintiff. If the property sought is not obtained, the plaintiff, if he establishes his right thereto, shall recover the value of that right; whether obtained or not, he shall recover the damages he has sustained in consequence of the illegal detention, or taking and 'withholding thereof.

§ 95, (SEO. 88.) Measure of damages on recovery by defendant. If the plaintiff fails to establish his right to the property, the defendant shall recover such damages as under the circumstances he shows himself entitled to; and, in addition