
    
      A. S. Briggs v. R. Cottrell.
    
    Tire Act. of 1847, which extends to four years the time in which a magistrate’s execution may be levied without renewal, held to be prospective, and not to embrace executions which were issued before it was passed.
    
      Bejore Wardlaw, J. at Pickens, April, 1849.
    
      Sum. pro. on a magistrate’s execution dated Oct. 1847.
    The defendant insisted that this execution was embraced by an Act passed December, 1847, which extends to four years the time that a magistrate’s execution may retain active energy without renewal; and so, that the plaintiff, having had, at the commencement of his suit, an effective process of execution in full force, could not maintain this action.
    His Honor held that the Act was altogether prospective, and did not embrace executions which were issued before it passed.
    Decree for the plaintiff.
    The defendant appealed and moved to reverse his Hon- or’s decree, on the following grounds:
    1st. Because the active energy of the execution in question was preserved'by the Act of 1847, and if so, no suit could or ought to have beeen brought thereon.
    
      2d. Because, even if this action had been otherwise sustainable, it should have been shown as a condition precedent, by the _ return of the proper officer, how the execution had been disposed of, whether satisfied wholly or partially, or not at all, by the provisions of the 15th section of the Magistrates’s Act of 1839 — which it did not.
    3d. Because his Honor’s decree was against law and the true construction and intent of the A. A. of 1847.
    Perry, for the motion.
    Elford, contra.
   Curia, per Wardlaw, J.

Under the Act of 1839, a magistrate’s execution might be levied within one year from its date, and not afterwards, unless it was renewed.

_ The Act of 1847 provides that “ from and after the passing of this Act, any execution lawfully issued by any mag-*strate this State) may be levied at any time within four years from the date thereof, and not afterwards, unless renewed,” &c. This court agrees that the meaning of this is as if it had been written, any execution hereafter lawfully issued, &c. may be levied, Spc.

The motion is dismissed.

The whole Court concurred.

Motion refused,  