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THE CAPE SABLE COMPANY'S CASE, 667
manner, altogether depend upon the movement of the defendant;
and his thus, of himself, laying that foundation of fact which alone
can authorize a plaintiff to proceed in the manner pointed out by
it. (g) But, as at this time lands were liable to be taken in exe-
cution under & fieri facias; and as this act authorizes a plaintiff,
in such manner, to sue out any kind of execution he may think
proper, it may be considered, that such a judgment would give
rise to a lien upon the lands of the defendant, lying in the county
to which he had removed, from the time of his having become a
resident of it, as well as upon all his lands lying within the juris-
diction of the county court of that county in which the judgment
had been rendered. But although it might be so held, in regard
to the lands of the defendant lying within those two counties; yet,
as, under this act, no execution could be sent to any other county,
the judgment could not therefore, operate as a lien upon any lands
of the defendant lying elsewhere.
But, whatever doubts or difficulties may have previously existed
upon this subject, all, or the greater part of them, have been
removed by an act of Assembly, which declares, that the clerks of
the county courts shall, on application of the plaintiff in any judg-
ment in their courts, upon return of nulla bona on a fieri facias, in
the county where such judgment hath been obtained, issue execu-
tion thereon against the goods and chattels, land and tenements of
any defendant lying and being in any other county than that in
which such judgment was obtained; which execution shall be di-
rected to and served by the sheriff of the county in which such goods
and chattels, lands and tenements maybe; and that it shall be suf-
ficient for the plaintiff to entitle himself to the benefit of such exe-
cution to produce before the court to which the same shall be return-
able, a short copy of the judgment attested by the clerk, (A) And
it is further provided by another act of Assembly, that the same pro*
ceedings may be had upon the return of such execution in the
county court of the county to which it has been sent, as if it had
been issued on a judgment obtained therein; and may if necessary
be renewed from that court, (i)
These legislative enactments were manifestly and expressly
intended, so to enlarge the force and operation of judgments,
obtained in the county courts, as to make all the property of the
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(g) Harden v. Moores, 7 H. & J. 4, —(h) 1794, ch. 54, s. 9. —(t) 1705, ch. 23, s.
1; Harden v. Moores, 7 H. & J. 4.
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