Sec[Section] 1 Be it enacted by the people of the state of Illinois represented in the General Assembly, that it shall not be necessary for a constable having an execution from the office of any Justice of the peace, or Probate Justice of the Peace to hold the same for the full period of Seventy days from the issuing thereof before he returns the same in order to entitle the plaintiff in execution to a transcript as authorized by the 29^th Section of an act concerning Justices of the Peace and Constables approved February 3^rd 1827.2 But the same may be returned by the constable at any time between the issuing of such execution and the return day thereof whenever he may be satisfied that personal property cannot be found to satisfy the same; and immediately upon said return, the plaintiff in execution shall be entitled to the provisions of the 29^th Section of the act to which this is an amendment, or upon the return thereof the plaintiff in execution may proceed according to the provisions of an act entitled an act in relation to garnashees approved Feby [February] 12^th 1839,3 or may have capias for the body according to law in such case made and provided.