Command of execution

person taken in

manding the constable to levy the debt, or damages, and costs, 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 hereJailer to receive by required to receive into his custody, and safely keep in such execution 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.

tion shall be

Sec. 68. But if execution shall have been issued before the If bail be given recognizance for stay of execution, or that required in the case nume, exre of appeals, shall be given, and such recognizance should afterwards, and within the time allowed for entering the same, be given, then, and in such case, the justice shall recall the execution.

called

of principal; for

want scire facias against bail

Sec. 69. And when bail has been given for the stay of exExecution first ecution as aforesaid, and the period of stay has expired, exeagainst the goods cution shall, in the first instance, be awarded against the goods thereof, and chattels of the party against whom judgment was rendered; 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.

how served

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 to specify, and 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.

On return scire facias

of

against bail, and

Sec. 71. And on return of the scire facias against the bail for stay of execution, served by the constable, the justice shall, served, judgment unless for good cause shown to the contrary, enter judgment shall be rendered against such bail for the amount of the original judgment, 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 required to be in other cases.

For want of

Sec. 72. And if it shall apear, from the return of the said goods of bail, execution, that the same remains unsatisfied, in whole or in part, execution 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

ginal judgment

body

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

may

Sec. 73. And where any person who has become bail for When bail restay of execution, shall remove before the expiration of such moves before stay, into any other county or State, the justice shall, on demand, stay expires, issue execution against the goods, chattels, and body of the issue on original defendant, or other party against whom the original judgment judgment was rendered, to be proceeded with as in other cases.

of

process to jailer

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

nal to justice,

how to proceed

Sec. 75. When any bail for the stay of execution, shall be- when bail 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.

given in ten

Sec. 76. But if the judgment debtor shall, within ten days If new bail he after levying such execution, enter into a farther recognizance days, execution 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 of bail first given.

against

may have execn

usc

Sec. 77. When any judgment shall be obtained against any when judgment person who shall have entered himself bail on the docket of is obtained any justice of the peace, agreeably to the provisions of this act, against bail, he the original judgment shall remain good and valid in law, for ton on original the use of such bail; who, at any time thereafter, may sue out judgment for his 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 execation under the provi- Sales on execu sions of this act, shall be advertised for sale, at four of the most

tion, how adver

made

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.

purchase

Sec. 79. It shall not be lawful for any justice of the peace Fastice and con- who issued the execution, nor for the constable holding the stable shall not execution, to purchase, either directly or indirectly, any property sold on such execution. and any justice or constable who shail offend against the provisions of this section, shall forfeit and pay, for every such offence, any sum not exceeding one hundred dollars, nor less than five 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.

constable

com

Sec. 80. When any cattle or other live stock shall be taken Justice to allow in execution, it shall 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 constable, for keeping the same, a reasonable compensation; to be taxed and collected as other costs in the suit.

stock

Constable to an

nex to his return

goods, levied on or sold

Sec. 81. When a constable shall levy on and sell any goods 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 inventory 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 if 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.

turn a schedule

and vendi

Sec. 82. Where a constable shall have levied on any goods Constable to re- 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 chattels; 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 property had been sold on the original

Constable

may

execution.

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

the delivery of

issued to retain the possession, is hereby authorized to take such security for his own indemnity as he may require, that such property levied property shall be delivered at the time and place appointed for on the sale thereof.

of landlord or tenaut

Sec. 84. In all cases where any lands may have been let, re- Emblements serving rent in kind, and when the crops or emblements grow- 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.

confessed for

Sec. 85. In all cases of judgments by confession for a greater Justice may presum than one hundred dollars, where a recognizance of bail ceed against bait for the stay of execution shall have been entered, the justice on judgments 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 execu. may also issue execution on the original judgment, in the same manner he might or could do, if such judgment had been rendered for one hundred dollars or under.

tion

Constable may

Sec. 86. And constables shall have the same power to levy 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.

bas ne

goods, but

has

docket, and transcript made out

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 and chattels found whereon to levy, and it shall be suggested lands, sugestion to the justice of the peace who may be charged with the duty to be entered on of collecting the judgment whereon such execution issued, that the party against whom such judgment was rendered is possessed of lands or tenements-the.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.

shall issue scire

Sec. 88. And the party, or his agent, receiving such tran- Transcript to be 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 facías thereon of such clerk to file 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 party against whom the same issued, to show cause at the re-such scire facie turn term thereof, why execution should not be awarded against the lands and tenements of such party: and in case no

Y

Proceedings on

When judgment

resides out of the

was

judginent 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 tor so much thereof as may remain due and unsatisfied, and for cosis of suit; on which execution the same proceedings shall be had, 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 obtained, 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 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, if such bail 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 debtor bas goods 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

in another town.

deed

Duty of consta

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 where such goods and chattels may be found; which execution the said constable is bereby authorized and required to execute and return to the justice issuing the same, in like manner as if such justice resided in the township, in which such goods and chattels were found.

to

Sec. 92. And in all cases where execution shall be directed any constable of a township, in which the justice who issued from the same does not reside, it shall be the duty of the constable town. receiving such execution, to execute and return the same in

ble rece ving execution

another

ship

Duty of justice

every respect, as if it had been issued by a justice in the same township with the constable; and for every neglect or misconduct 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 ship, 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 return said process.

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