$ 601. Execution, contents of. The execution, when issued by a Justice, shall be directed to the Sheriff or to a Constable of the county, and subscribed by the Justice by whom the judgment was rendered, or by his successor in office, and shall bear date the day of its delivery to the officer to be executed. It shall intelligibly refer to the judgment by stating the names of the parties, and the name of the Justice before whom, and of the county, and the township or city where, and the time when it was rendered; the amount of judgment, if it be for money; and if less than the whole is due, the true amount due thereon. It shall contain, in like cases, similar directions to the Sheriff or Constable as are required by the provisions of Title VII, of this Act, in an execution to the Sheriff. 1. Under sections six hundred and one and six hundred and two of the Practice Act, a Constable may serve an execution out of his township. Lafontaine v. Greene, 17 Cal. 294. § 602. Duty of officer receiving execution. Supplementary proceedings. (1851.] The Sheriff or Constable to whom the execution is directed, shall proceed to execute the same in the same manner as the Sheriff is required by the provisions of Title VII, of this Act, to proceed upon executions directed to him; and the Constable, when the execution is directed to him, shall be vested for that purpose with all the powers of the Sheriff; and after issuing an execution, and either before or after its return, (if the same be returned unsatisfied either in whole or in part) the judgment creditor shall be entitled to an order from the Justice, requiring the judgment debtor to attend at a time to be designated in the order, and answer concerning his property before such Justice, and the attendance of such debtor may be enforced by the Justice. On his attendance, such debtor may be examined under oath concerning his property; and any person alleged to have in his hands property, moneys, effects or credits of the judgment debtor, may also be required to attend and be examined, and the Justice may order any property in the hands of the judgment debtor, or any other person, not exempt from execution, belonging to such debtor, to be applied towards the satisfaction of the judgment, and the Justice may enforce such order by imprisonment until complied with; but no judgment debtor or other person shall be required to attend before the Justice out of the county in which he resides. CHAPTER V.-General provisions. SEC. 603. The provisions of this Act referred to in this title only shall apply to Justices' Courts. 604. Justice's docket, contents of. 605. Entries therein shall be under the title of the action. The docket shall be primary evidence of the facts it contains. 606. An index to the docket shall be kept. 607. Dockets shall be delivered by the Justice to his sue cessor, or to the County Clerk. 608. A Justice may issue execution, or other process, up the docket of his predecessor. 609. Successor of a Justice, who shall be deemed. 610. If two Justices might be deemed successor, the County Judge shall designate one. 611. Blanks shall be filled in all papers issued by a Jus tice, except subpoenas. 612. In case of disability of a Justice, another Justice may attend on his behalf. 613. The Justice may depute a person to serve a summons or execution; Justice liable for acts of such deputy. 614. Authority and obligations of deputy. 615. A Constable, after the expiration of his term, may execute final process previously commenced. 616. Contempts, a Justice may furnish for. 617. Proceedings and punishment for contempts. 618. The conviction shall be entered in the docket. 619. Justices may issue subpoenas and final process to any part of the county. by the usages of the bar or diggings. a 623. Application for new trial. to a County Court. pare a statement. Settlement of statement. 626. If the appeal be on questions of fact, or law and fact, no statement need be made. 627. Upon the appeal, the Justice shall transmit the case to the County Court. over to the Justice. $ 603. The provisions of this Act referred to in this title only shall be applicable to Justices' Courts. (1853, 1854.] Those provisions of this act which are referred to in this title, and no other, shall in addition to the provisions embraced in this title, be applicable to Justices' Courts and proceedings therein. $ 604. Justice's docket, contents of. [1855.] Every Justice shall keep a book denominated a “ docket," in which he shall enter: 1st. The title of every action or proceeding; 2d. The object of the action or proceeding, and if a sum of money be claimed, the amount of the demand ; 3d. The date of the summons, and the time of its return; and if an order to arrest the defendant be made, or a writ of attachment be issued, a statement of these facts; 4th. The time when the parties or either of them appear, or their nonappearance, if default be made; a minute of the pleadings and motions; if in writing, referring to them; if not in writing, a con cise statement of the material parts of the pleadings, and of all motions made during the trial by either party, and his decisions thereon; 5th. Every adjournment, stating on whose application, whether on oath, evidence, or consent, and to what time; 6th. The demand for a trial by jury, when the same is made, ani by whom made; the order for the jury, and the time appointed for the trial and return of the jury; 7th. The names of the jury who appear and are sworn; the names of all witnesses sworn, and at whose request; 8th. The verdict of the jury, and when received ; if the jury disagree and are discharged, the fact of such disagreement and discharge; 9th. The judgment of the Court, specifying the costs included and the time when rendered; 10th. The issuing of the execution, when issued and to whom; the renewals thereof, if any, and when made; and a statement of any money paid to the Justice, and when and by whom; 11th. The receipt of a notice of appeal, if any be given, and of the appeal bond, if any be filed. 1. The failure of a Justice of the Peace to state in his docket that the summe was returned “served,” will not vitiate the judgment on appeal. The fact of service may be shown by the return of the officer on the summons. Denmark v. Liening, 10 Cal. 93. 2. The record of the proceedings in a Justice's Court, in which judgment was rendered, must affirmatively show that the suit was brought in the proper township, or the proceedings are coram non judice and void; and the failure of defendant, after summons served, to appear and object that suit was brought in the wrong township, is no waiver of the objection. Lowe v. Alexander, 15 Cal. 296. 3. The recital in the docket of a Justice, who had rendered judgment, that the summons was “returned duly served,” is of no weight to prove proper service of the summons. The return of the officer is as much a part of the record as the docket itself; and if the return fail to show sufficient service, the recital being based on the return alone, amounts to nothing more than the opinion of the Justice, and cannot be relied on to give validity to the judgment. Id. $ 605. Entries therein shall be under the title of the action. The docket shall be primary evidence of the facts it contains. The several particulars of the last section specified shall be entered under the title of the action to which they relate, and at the time when they occur. Such entries in a Justice's docket, or a transcript thereof, certified by the Justice or his successor in office, shall be primary evidence to prove the facts so stated therein. 509 $ 606. An index to the docket shall be kept. A Justice shall keep an alphabetical index to his docket, in which shall be entered the names of the parties to each judgment, with a to the nace of entry. The names of the plaintiffs shall Amendments to Secr. 607 und 608.—Passed April 8th, 1863. [To take effect immediately.] $ 607. It shall be the duty of every Justice of the Peace, upon e expiration of his term of office, to deposit with his successor his ficial dockets and all papers filed in his office, as well his own as ose of his predecessors, or any other which may be in his custody he kept as public records. If the office of a Justice become want by his death or removal from the township or city, or other ise, before his successor is elected and qualified, the docket and - spers in possession of such Justice shall be deposited in the office some other Justice in the township, to be by him delivered to se successor of said Justice; and while in his possession, he may : gue execution on a judgment there entered and unsatisfied, in the me manner and with the same effect as the Justice by whom the of the Justice whose once utvamu |
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