§ 16-19-1003 - Execution by other than regular justice.
16-19-1003. Execution by other than regular justice.
(a) Whenever a justice of the peace in any township in any county in this state, before whom a judgment has been obtained and upon whose docket the judgment appears against any person or persons, is absent from his office so that he cannot be found or has resigned or died and no successor been appointed, or when there is a judgment on the docket against the justice of the peace, it shall be the duty of any other qualified and acting justice of the peace in the township, or in the county, at the request of the plaintiff and the judgment, or at the request of the plaintiff's attorney or agent, or of the constable or other officer having the collection of the judgment, to issue an execution upon the judgment against the party against whom the judgment was obtained, and the same proceedings shall be had thereon as are prescribed by law.
(b) (1) In order to carry out the provisions of subsection (a) of this section, it shall be the duty of every justice of the peace before whom a judgment has been obtained, whenever he is about to be absent from the township or county for more than ten (10) days, or has resigned and his successor has not been appointed, to deposit his docket or to cause his docket to be deposited with the nearest justice of the peace in his township or county.
(2) When the docket has been so deposited, it shall be lawful for the justice of the peace with whom the docket is deposited, upon application as provided in subsection (a) of this section, to issue an execution upon any judgment which appears unsatisfied upon the docket against any person or persons.
(c) It may be lawful for any justice of the peace in the same township, in the absence of the justice of the peace before whom the judgment has been obtained against any person or persons, when so requested by the persons provided for in subsection (a) of this section, after he has examined the judgment on the docket of the absent justice of the peace, to issue an execution on the judgment, as provided for in this section.
(d) When such other justice of the peace as contemplated in this section shall issue an execution upon a judgment rendered upon the docket of another justice of the peace, the execution shall be in the following form:
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(e) The execution shall be directed to the constable of the township where the justice of the peace resides, unless when it is otherwise specially provided, shall be dated on the day it is issued, and shall be made returnable in thirty (30) days after its issuance.