
    Hall vers. Richardson.
    1771.
    Confiables have no Power to ferve Executions except on Judgments rendered by Juftices of the Peace.
    Where an Execution was altered out of Court by direfting it to a Confiable, who thereupon arrefted the Defendant, who then paid the Money, it was held that the Writ was fo executed that the Plain, tiff could not recover the Money again on Scire Facias.
    
    TRESPASS. Richardson had recovered Judgment against Hall, in a former Action, whereon Execution issued, which Execution afterwards was directed to a Constable without the Knowledge of the Clerk or Request of Richardson. Richardson went with the Constable to take Hall, and, happening to meet him some Distance from the Constable, seized him. Hall then paid the Money and brought this Action.
    
      Trowbridge, J.
    
    I have altered judicial Writs out of Court, but ’tis wrong. Constables have nothing to do with Executions, except on Judgments rendered by ‘Justices of the Peace. 
      However, the Writ is fo executed that Richardson cannot now recover the Money again on a Scire Facias.
    
    
      The other Justices agreeing in the Law.
    
    
      
       The authority of constables in the service of civil process has been created and enlarged by successive statutes; their powers and duties by the common law being those of peace officers only. By the Colony Law of 1658, they were authorized “to serve all attachments directed to them in any civil case.” Anc. Chart. 83. By the Prov. St. of 9 W. 3, justices of the peace are “ empowered to decide differences not exceeding forty shillings,” and may direct their “ execution, or warrant of distress ” to a constable. Anc. Chart. ,300. The act of n W. 3, establishing the “ Inferiour Courts of Common Pleas,” provides that “all processes and writs for the bringing any cause or suit to trial, where the film sued for is under ten pounds, may be also directed to the constables of the town.” Anc. Chart. 329. St. 1795, c. 41, § 3, empowers constables to serve “ any writ, summons, or execution ” in personal actions to the amount of $70. This is in substance re-enacted in the Rev. Sts. c. r5, ⅜ 71. The amount has since been raised to $100, and their power extended to process in replevin for property not exceeding that value ; and to process in forcible entry and detainer. Gen. Sts. c. 18, § 61.
    
   Memorandum.

N. B. At the Close of the Year 1771, Lynde, Chief Justice, and Cushing, Justice, resigned, and the Honourable Peter Oliver, Esq., was made Chief Justice, and the Honourable Nath’l. Ropes and William Cushing, Esquire, were made Justices, and all took their Seats accordingly in Suffolk, February Term, 1772.  