
    Joshua Woolston vs. John Gale and Israel Bodine.
    ON CERTIORARI.
    Upon a scii'e facias the only judgment which the justice can render against the defendant is that a new execution issue.
    A judgment had been rendered by a justice of the peace •in favor of Gale and Bodine, against Woolston on the 24th of June, 1823, for $35.64 debt, and $1.97 costs, and an execution issued thereon. A year having elapsed after the issuing of the execution and the same remaining unsatisfied, Gale and Bodine sued out a scire facias against Woolston to shew cause why a new execution should not issue. Upon the return of the scire facias the proceedings are stated in the transcript of the justice to have been as follows, viz : “ John Gale, one of the plaintiffs, appeared and filed their state of demand, with the old execution, and prayed a new execution for the whole amount of the former execution, together with the interest and cost due thereon. The *33] defendant *filed no plea, and as the plaintiff brought forward .the former execution, and no exceptions being filed against their demand, I therefore have granted a new execution, for the sum of forty-four dollars and seventy-one cents, with the sum of one dollar and forty-four cents costs.”
    
      Sims,
    
    on behalf of the plaintiff in certiorari, moved tó reverse, this judgment, because the "justice had upon the scire facias rendered a judgment for an amount greater than the original judgment and costs, when by law he had no right to award any other than that a new execution issue.
   Chief Justice.

It has been more than once determined that on scire facias the justice is to render judgment, that execution issue, and for costs, and cannot render a new judgment for the amount of the original judgment and interest and costs thereon.

Therefore lei the judgment be reversed.  