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35 Me. 137

Jones v. Elliott

Supreme Judicial Court of Maine

Decided July 1, 1853

Supreme Judicial Court of Maine · decided 1853-07-01

On Report from Nisi Prius, Hathaway, J., presiding. Debt on a poor debtor’s relief-bond. The bond was taken to procure the debtor’s arrest upon a pluries execution, issued by a justice of the peace.

Cited by 1 later decisions — most recently April 1896

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1853-07-01

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Hathaway, J.

¶1—■ A justice of the peace, in issuing an execution on a judgment rendered by him, acts ministerially, not judicially, and his power to renew executions is continued for the term of two years after his judicial power under his commission expires. R. S. c. 116, $ 28.

¶2In the case at bar the execution was a pluries, issued by the justice within two years after he had been appointed jailer.

¶3It is therefore immaterial whether the offices of justice of the peace and jailer are incompatible or not. The justice had authority to renew the execution, either by virtue of his commission or the statute.

¶4As agreed by the parties a default must be entered.

Shepley, C. J., and Wells and Howard, J. J., concurred.
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