The filing of the execution is an immaterial fact. Though it should remain in the hands of the officer, yet that would be no objection to the scire facias against,the bail, if the proper return is made. The object in putting the execution in the clerk’s office is, to preserve it as evidence for the benefit of the parties. See the case of Prescott v Pettee, 3 Pick. 331.1

Defendant defaulted.