return of the officer, upon motion, shall be evidence of the facts therein stated. No motion shall be made after three months from the return of the execution.
Judgment stayed after execution the same as on appeal.
Sec. 82. If a judgment be stayed in the manner above prescribed, after an execution bas been issued thereon, the justice shall revoke such execution, in the same manner and with the like effect, as he is hereinafter directed to revoke an execution after an appeal has been allowed; and if the defendant has been committed, shall order him to be discharged from custody.
When transcript of judgment to be filed with clerk of district court.
Sec. 83. Every justice, on demand of any person in whose favor he shall have 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 said 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 decrees, and shall note therein the time of filing such transcript.
Transcript so filed, lien on real estate.
Sec. 84. No person, being a resident of this territory, shall in any case be imprisoned for debt by virtue of any provision of this act.
EXECUTIONS, AND PROCEEDINGS THEREON.
Execution to be issued on demand.
Sec. 85. Upon every judgment rendered by a justice, execution shall be issued by such justice, in the manner hereinafter prescribed, at any time on demand.
Execution what to contain.
Sec. 86. 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 shall be granted, (his arms and accoutrements excepted, and also such other 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, to render to the party who recovered the same.
Duty of justice before issuing execution.
Sec. 87. Before any execution shall be delivered, the justice shall state in his docket, and also on the back of his 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.
