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execution

Jaller to receive person taken in execution

in time, execu. tion sball be recalled

against the goods of principal; for

scire facias against bail

manding the constable to levy the debt, or damages, and costs, Command of

of the goods and chattels of the party against whom judgment was rendered; and for want of goods and chattels whereon to levy, the party may, at his option, direct execution to issue, commanding the constable to take the body of the party

against whom the same issued, and him convey to the jail of the · county.

Sec. 67. And the sheriff, or other keeper of the jail, is hereceive by required to receive into his custody, and safely keep in such

jail, the person or persons so taken in execution, until the judgment, with interest and costs, be satisfied, or such person or persons be otherwise discharged by due course of law.

Sec. 68. But if execution shall have been issued before the Ir hail be given recognizance for stay of execution, or that required in the case

re: of appeals, shall be given, and such recognizance should aster

wards, and within the time allowed for entering the same, be given, then, and in such case, the justice shall recall the execution.

Sec. 49. And when bail has been given for the stay of exExecution first ecution as aforesaid, and the period of stay has expired, exc

of cution shall, in the first instance, be awarded against the goods want thereof, and chattels of the party against whom judgment was render

ed; and if goods and chattels of the party cannot be found sufficient to satisfy the execution, and that fact be returned by the constable, the justice shall, unless otherwise directed by the party for whom execution issued, or his agent, proceed by writ of scire facias against the bail.

Sec. 70. And all writs of scire facias issued under the proScire facias what visions of this act, shall specify a certain time, not exceeding

1 twelve days from the date thereof, and a certain place at which

the defendant shall appear, and answer to the same: and such writs shall be served and returned, unless otherwise directed by this act, in the same manner that a summons is required to be served and returned.

Sec. 71. And on return of the scire facias against the bail

of for stay of execution, served by the constable, the justice shall, served, fudgment unless for good cause shown to the contrary, enter judgment shall he rendered against such bail for the amount of the original judgmeot, inexecution issued terest and costs, and the costs that may have accrued, or such

part thereof as may remain unpaid, and for the costs in the proceedings by scire facias; and shall, unless otherwise directed by the plaintiff or his agent, forthwith issue execution thereon, against the goods and chattels of such bail; to be executed and returned in the same manner that executions are re

quired to be in other cases. it of Sec. 72. And if it shall apear, from the return of the said goods of hail, execution, that the same remains unsatisfied, in whole or in part,

on ori: for want of goods and chattels of the bail whereon to levy, for goods and then the plaintiff or his agent, may demand and have execution

to specify, and bow served

done framihadat

o

On return scire facias

against bail, and

For want of

anal judgment

body

how to proceed

on the original jùdgment, against the goods, chattels and body of the defendant therein named.

Sec. 73. And where any person who has become bail for when ball re. stay of execution, shall remove before the expiration of such moves before stay, into any other county or State, the justice shall, on demand, erecution may

tinachau ondomond stay expires, issue execation against the goods, chattels, and body of the issue on originál defendant, or other party against whom the original judgment judgment was rendered, to be proceeded with as in other cases.

Sec. 74. When it shall become the duty of the constable to Constable to de take the body of any person to the jail of the county, he shall liver ropy of

process to jailer deliver to the sheriff or jailer a certified copy of the execution, with the body, commitment or other process, whereby he holds such person in and return origi

h nal to justice, custody, and retum the original to the justice who issued the same; which copy sball be a suficient authority to the sheriff or jailer to keep the prisoner in jail, until discharged by due course of law.

Sec. 75. When any bail for the stay of execution, shall be. When ball for come apprehensive that, by delaying execution until the expira- stay becomes tion of the full time of such stay, he or she may be compelled to apprehensive,,, pay the judgment, it shall be lawful for such bail to make and file affidavit of that fact, before the justice on whose docket the judgment is entered; whereupon, such justice shall issue execution against the judgment debtor, which shall be proceeded in as in other cases: Provided, Such bail shall not thereby be discharged from liability, but may be proceeded against after the expiration of the term of stay, in the same manner as if execution had not issued as aforesaid. Sec. 76. But if the judgment debtor shall, within ten days If new bail he

given in ten after levying such execution, enter into a farther recognizance for the stay of execution, during so much of the first stay as to be recalled remains then unexpired, and shall pay the costs of the execution issued against him as aforesaid, it shall be the duty of the justice to take such further recognizance, and recall the execution; and the person who last became surety, shall first be proceeded against, until it shall appear, by the return of the con- Last surety first stable, that he or she has no goods and chattels whereon to proceeded levy, before proceedings shall be instituted on the recognizance or bail first given.

Sec. 77. When any judgment shall be obtained against any person who shall have entered bimself bail on the docket of is obtained any justice of the peace, agreeably to the provisions of this act, against bail, he

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days, execution

against

may have execu. the original judgment shall remain good and valid in law, for ison on original the use of such bail; who, at any time thereafter, may sue out judgment for Mis execution, on such judgment, against the goods, chattels and body of the defendant, for the use of such bail, which shall be so indorsed by the justice: and such bail shall also be entitled to a transcript of such judgment, for his own use; which shall have the same force and effect as transcripts in other cases. Sec. 78. All property taken in execution under the provi- sales on Srecy.

lion, how Silver sions of this act, shall be advertised for sale, at four of the most

en ju

made

stable shall not inrchase

constable

com,

stock

Constable to an

fised, and bow public places within the township where such property was

seized, at least ten days previous to the time appointed for such sale; which sale shall be held between the hours of ten o'clock, A. M. and four o'clock, P. M., at the house, or on the premises, where such property was taken, or at one of the most public places within the township

Sec. 79. It shall not be lawful for any justice of the peace histice and con. who issued the execution, nor for the constable holding the

not execution, to purchase, either directly or indirectly, any pro

perty sold on such execution, and any justice or constable who shail ofsend against the provisions of this section, shall forfeit and pay, for every such offence, any sum not exceeding one hundred dollars, nor less than 6ve dollars; to be recovered by . action of debt, in the name of the State of Ohio, before any court having jurisdiction thereof, for the use of the township where such offence was committed, and shall, moreover, be liable to the action of the party injured thereby.

- Sec. 80. When any cattle or other live stock shall be taken . Justice to allow in execution, it shail be the duty of the justice who issued the pensation for execution, or other justice charged with the duty of collecting keeping live the judgment whereon such execution issued, to allow the con

stable, for keeping the same, a reasonable compensation; to be taxed and collected as other costs in the suit.

Sec. 81. When a constable shall levy on and sell any goods nex to his return and chattels, he shall make out and annex to his return to the an inventory of execution in virtue of which such sale was made, a true inven

"tory of all such property, and of each article thereof, and the price at which the same was sold; and for each and every neglect to return a true and accurate schedule or inventory of property sold, or remaining unsold for want of bidders, or other just cause, and it sold, the price at which the same was sold-each and every constable guilty of such neglect, shall forfeit and pay, on conviction thereof, any sum not exceeding one hundred dollars; to be recovered by action of debt in the name of the State of Ohio, for the use of the party injured thereby, to be prosecuted before any court having cognizance thereof.

Sec. 82. Where a constable shall have levied on any goods

ng and chattels which remain unsold for want of bidders, or other of goods unsold, just cause, it shall be his duty to return with the execution a

to schedule of all such goods and chaitels; and the justice shall,

unless otherwise directed by the party for whom such execution issued, or his agent, immediately thereafter, issué a venditioni exponas, thereby commanding any constable to whom the same may be directed or delivered, to expose such property to sale; which sale, and the proceedings thereon, shall be the same as if such properly had been sold on the original

execution.

inay Sec. 83. Any constable having levied on goods and chattels, sake security for of which he permits the party against whom the execution

goods, levied on or sold

Constable to re
Turn a schedule

and vendi sve

landiord or tenant

Constahle may

issued to retain the possession, is hereby authorized to take .. such security for his own indemnity as he may require, that such property levied

the delivery of property shall be delivered at the time and place appointed for on the sale thereof.

Sec. 84. In all cases where any lands may have been let, reserving rent in kind, and when the crops or einblernents grow

ramblernente com Emblements

may be sold, subing or grown thereon, shall be levied on or attached, by virtue ject to the claim of any execution, attachment or other process, against the landlord or tenant; the interest of such landlord or tenant against whom such process was not issued, shall not be affected thereby; but the same may be sold, subject to the claim or interest of the landlord or tenant against whom such process did not issue.

Sec. 85. In all cases of judgments by confession for a greater Justice me sum than one hundred dollars, where a recognizance of bail ceed against bait for the stay of execution shall have been entered, the justice on jude ments

confessed for shall have power and jurisdiction to proceed against the sure- more than $100. ty in such recognizance to final judgment and execution; and and issue execa.

tion may also issue execution on the original judgment, in the same manner he might or could do, if such judgment had been rene dered for one hundred dollars or under.

Sec. 86. And constables shall have the same power to levy.com and collect all executions issued on such judgments by confes- levy and collect sion, rendered for a greater sum than one hundred dollars; and such execution shall be liable to the same penalty, for any neglect of duty in the service and return thereof, as in other cases.

Sec. 87. Where execution in any civil or criminal case shall when judgment; be returned unsatisfied, in whole or in part, for want of goods de'tor has ne

Posted goods, but has and chattels found whereon to levy, and it shall be suggested to the justice of the peace who may be charged with the duty to he entered on of collecting the judgment whereon such execution issued, that the party against whom such judginent was rendered is possessed of lands or tenementsthe.justice shall make an entry of such' suggestion on his docket; and, on the application of the party in whose favor such judgment was obtained, or his agent, deliver to such party or his agent a certified transcript of such judgment and suggestion, including the proceedings had, and the costs that have accrued thereon.

Sec. 38. And the party, or his agent, receiving such tran. The script, may deliver the same to the clerk of the court of com- delivered to mon pleas of any county where the party, against whom such clerk of: p who judgment was recovered, may reside; and it shall be the duty facias thereon of such clerk to Gle the same in his office, and issue a writ of scire facias thereon, which shall be served and returned in the same manner, that a summons issued from such court is or may be required by law to be served and returned in other cases.

Sec. 89. And such writ of scire facias shall require the proceedin party against whom the same issued, to show cause at the re- sucb scire fuolo turn term thereof, why execution should not be awarded against the lands and tenements of such party: and in case no

docket, and transcript mado ont.

Transcript to be

shall issue scire

inge on

When judgment

resides out of the

rendered, how to proceed

cause be shown, the court shall render judgment against such party, for the costs that have accrued in the proceedings by scire facias, and award execution against the lands and tenements of such party, for the debt, fine, or damages, including the interest and costs, stated in such transcript, or for so much thereof as may remain due and unsatisfied, and for cosis of suit; on which execution the same proceedings shall be bad, as if the like execution had been issued on any other judgment obtained in such court.

Sec. 90. When the judgment debtor or debtors reside out debtor or nail for of the township in which such judgment was obiained, it shall stay of execution be lawful to issue execution to any constable of the township township where in which judgment was rendered, or of the township in the judgineni was same county, wherein such judgment debtor or debtors may

reside; and it is hereby made the duty of such constable to levy said execution, collect and pay over the money to the justice of the peace issuing the same, as in other cases: and the justice shall have power to proceed against the bail for stay of execution, who may reside in any other township in the county, in the same manner he would be authorized to do, it such hail resided in his proper township; and any constable of the township where such justice may reside, is hereby authorized to serve and return the proper process against such bail.

Sec. 91. When the constable shall make return that suffiWhen judgment cient goods and chattels cannot be found in the township where

Foods the justice resides who issued the execution, and it shall be ship, how to pro- suggested to the justice that the party against whom the same

issued, has goods and chattels within any other township, in the same county, it shall be lawful for the justice to issue execution to any constable of the township in which such justice resides, or of the township wbere such goods and chattels may be found; which execution the said constable is hereby authorized and required to execute and return to the justice issuing the same, in like manner as if such justice resided in the townshin, in which such goods and chattels were found.

Ser. 92. And in all cases where execution shall be directed Duty of consta

to any constable of a townshir, in which the justice who issued execution from the same does not reside, it shall be the duty of the constable another town. receiving such everution to

receiving such execution, to execute and return the same in ship

every respect, as if it had been issued hy a justice in the same township with the constable; and for every neglect or miscon. duct in proceeding with such execution, the constable shall be liable to be proceeded against as in other cases; and the justice issuing the execution, shall have power to send process out of his tow iship, to bring such constable before him, to be dealt with as right and justice may require; and any constable of the township where such justice resides, is hereby authorized to serve and returo said process.

Sec. 93. In all cases where a transcript of a judgment, and Duty of justire receiving a tran- proceedings of a justice of the peace, shall be duly certified

dehtor bas goods in another town.

deed

ble rece ving

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