
    *The Superintendents of the Poor of Tompkins County vs. Smith and others.
    Were a judgment as in case of nonsuit is rendered at a special term, a record ox judgment roll may be made up as of such special term.
    An execution cannot issue against parties suing as superintendents of the poor ; satisfaction of ajudg ment against them is obtained by application to the supervisors of the county of which they are officers.
    At a special term of this court held in February last, judgment as in case of nonsuit, for not bringing this cause to trial, was rendered. The defendants had their costs taxed, made up a judgment roll, and had it signed and filed, and issued an execution tested as of the last January term, returnable in May next. The plaintiffs moved to set aside the judgment and execution for irregularity, insisting that a judgment roll could not be made up as of a special term; and if it could, that it was incongruous to issue an execution tested as of the preceding general term. They also insisted that an execution could not be awarded against them ; that the remedy of the defendants was to apply to the supervisors to collect their judgment by tax upon the country. 2 R. S. 474, § 102, 103, 107. In answer to which it was said that the statute authorizing this court to hear and dispose of non-enumerated business in vacation, expressly declared that all rules and orders made and entered in relation to such business should be as valid and effectual as if entered in term time, Laws of 1830, p. 208, § 3 ; and if so, the record might be made up as of the true time when the judgment was rendered. As to the teste of the execution, it could not be otherwise than as of the preceding term, as no provision had been made on the subject, and of course the party was bound to conform to the general statute regulating the teste and return of process. It was, however, conceded that the execution against the plaintiffs individually, was erroneous, and must be set aside ; but without costs, as the plaintiffs had asked far more than they were entitled to.
   *By the Court,

Savage. Ch. J.

I perceive no objection to entering the judgment as of the special term when it was rendered. A record is said to be a history of the most material proceedings in the cause, containing the pleadings, continuances, and whatever further proceedings have been had, 3 Black. Comm. 317; and it must be strictly true. The rule granted at a special term, is as valid and effectual as if granted at a general term, and consequently, if judgment is rendered, a record thereof or judgment roll may be made up and filed. Nor is there any thing in the objection that the execution is tested as of a preceding term; it is always so tested where a judgment is" entered in vacation. But the error here is, in issuing the execution against the plaintiffs individually, who sued as superintendents of the poor. This is expressly prohibited by statute, 2 R. L. 475, § 107, and the execution therefore must be set aside, but without costs to either party.  