¶1Suit upon a note given by a constable on the purchase of a judgment. Defense set up, illegality of consideration.
¶2in the code of 1852, at p. 449, commences an act entitied “ An act providing for the election and qualification of justices of the peace, and definios: their jurisdiction, pow-J & J 1 ers, and duties m civil cases.”
¶3The 113th section of that act provides that no constable shall purchase a judgment on the docket of any justice in the township of the constable.
¶4At p. 480 of the same volume of the code, commences an act entitled “ An act prescribing the number, and defining the powers and duties of constables.” '
¶5It is manifest that the provision touching constables, above mentioned, is misplaced. It should have been in the act in relation to constables. It is not embraced by, nor properly connected with, the subject of the justices’ act.
¶6The purchase of a judgment by a constable, in a case where no execution comes to him for its collection, is not, per se, void at common law.
¶7The judgment is affirmed with 5 per cent, damages and costs.