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Continued.

Commence

ment of this act.

performed, for and on behalf of their several counties respectively; also, the law. entitled, "A law, ascertaining and regulating the fees of the several officers and persons therein named," adopted and published at Cincinnati, the sixteenth day of June, one thousand seven hundred and ninety-five; also, the law in addition to the same, published at Cincinnati the first day of May, one thousand seven hundred and ninety-eight, and also the act, entitled, "An act, regulating the fees of constables in the several counties within this ter ritory," passed at Cincinnati, the nineteenth day of December, one thousand seven hundred and ninety-nine; and also, the act, entitled, "An act, regulating the fees of civil officers and for other purposes, passed the twenty-third day of January, one thousand eight hundred and two; and also the fourth section of the act, entitled, "An act, allowing compensation to the associate judges and for other purposes," passed the eighteenth day of February, one thousand eight hundred and four, be and the same are hereby repealed: Provided, that nothing herein contained, shall be construed to extend to or affect, the fees for services performed prior to the taking effect of this act.

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This act shall take effect and be in force, from and after the first day of June next.

MICHAEL BALDWIN,

Speaker of the house of representatives.

DANIEL SYMMES,

Speaker of the senate.

February 21, 1805.

CHAPTER V.

An act, regulating judgments and executions.

Sec. 1. Be it enacted by the general assembly of the state of Ohio, That all lands, tenements and real estate, shall be liable to be levied upon and sold by execution, to be issued on judgments which may hereafter be recovered in any court of record within this state, for the debt, damages and costs, due and owing on such judgments.

Sec. 2. Be it further enacted, That the lands, tenements and real estate of the defendant, shall be bound and liable to the satisfaction of the judgment from the first day of the term in which said judgment is obtained, and the goods, chattels and personal estate of the defendant, shall be bound by and liable to, the satisfaction of the judgment, from the time of their being taken in execution by the sheriff or other officer, and not before.

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Sec. 3. Be it further enacted, That when two Property, or more executions on judgments shall be issued against the goods, chattels, lands, tenements and or more exereal estate, or against the goods and chattels only of the same person, except in the cases hereinafter excepted, the writ of execution that is first delivered to the sheriff shall be first satisfied, and the sheriff shall endorse on every execution by him received, the day of the month, the month and the year, that he received the same.

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Sec. 4. Be it further enacted, That if two or Two or more executions shall be delivered to the sheriff cutions issuon the same day, against the same property of same day, no

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When two

or more executions taken out

within or ten days after the term.

Execution to be levied

the same defendant, no preference shall be given to either writ, but if there be not property found sufficient to satisfy all the executions, the sum of money made shall be divided between the plaintiffs issuing such executions, in proportion to the amount of their several demands.

Sec. 5. Be it further enacted, That if two or more writs of execution be taken out against the lands, tenements and real estate of the same defendant and delivered to the proper officer within the term, or within ten days next after the close of the term in which the judgment is entered, on which such writs are issued, then no preference shall be given to either writ, but the money made, if not sufficient to satisfy all the said writs, shall be divided amongst the said plaintiffs in proportion to their several demands.

Sec. 6. Be it further enacted, That any execuon lands, etc. tion to be levied on lands, tenements or real estates, shall command the officer to whom it is directed, that of the goods and chattels of the party against whom it is issued, he cause to be made the monies contained in the said writ, and that for want of goods and chattels, he cause the same to be made of the lands, tenements and real estate of the defendant, and the exact amount of the debt, damages and costs, shall be severally endorsed on the back of the execution.

Sheriff's

duty.

Sec. 7. Be it further enacted, That the sheriff shall immediately after receiving such writ, levy on the goods and chattels of the defendant, to satisfy the monies contained in the said writ, but if goods and chattels be not found, the sheriff shall endorse on the said writ the words nulla bona,

and forthwith levy the said execution on the lands, tenements and real estate of the defendant, of which the said defendant was seized, at or after the first day of the term in which said judgment was obtained: Provided, That judgments voluntarily confessed in open court, shall only have a lien on lands, tenements or real estate, from the day on which they are actually signed or entered. Sec. 8. Be it further enacted, That if goods and chattels levied upon as aforesaid, be not sufficient to satisfy the whole of the monies contained in the said writ or writs, the said officer shall endorse on the said writ or writs the amount made of such goods and chattels, and nulla bona as to the residue, and forthwith levy for the residue on the lands, tenements and real estate of the said defendant, according to the command of the said writ or writs; and in case goods and chattels be levied upon and returned as remaining in the officer's hands, unsold for the want of buyers, such officer shall return with the writs a true and perfect inventory of the goods and chattels so taken.

Sec. 9. Be it further enacted, That the sheriff or other officer who levies upon any goods or chattels, shall, before he proceeds to sell the same, cause public notice to be given of the time and place of sale, either by publishing the same in a gazette, printed within his county, or by advertising the same in four of the most public places within this county, at least twenty days before such sale, two of which advertisements shall be in the township in which such sale is to be made, and no lands, tenements or real estate, shall be exposed

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thirty days for real estate.

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seven years
to satisfy
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of defend-
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to sale on any writ of execution, until public notice by advertisement shall have been given of the time and place of such sale in some newspaper printed in the county, or in five public places within the county, two of which shall be in the township in which the said lands, tenements and real estate may lie, at least thirty days before such sale, and if any sale shall be made by the sheriff or other officer in either case, without notice having been given as aforesaid, the officer making such sale, shall be liable to the action of the defendant, and of every other person injured thereby.

Sec. 10. Be it further enacted, That if execution be levied upon real estate that is improved and of a productive nature, and that will probably yield clear annual profits and rents, beyond all reprises, sufficient to satisfy the judgment or judgments, with lawful interest, within seven years, the officer levying such execution, if required by the defendant, his agent or attorney, shall call an inquest of twelve good and lawful men, and the said inquest on oath, shall return to the said officer, under their hands and seals, the clear annual profits of the said lands, tenements and real estate, for seven years then next to ensue, according to the best of their skill and judgment, upon view of the premises and other legal evidence, and if it shall appear by the said return, that the clear profits of such lands, tenements and real estate will, within seven years, satisfy and pay the judgment or judg Should it ap ments, with all legal costs and interest, the said officer forthwith shall assign and deliver possession of the said lands, tenements and real estate, to the plaintiff, for such time as will fully discharge the said judgment or judgments, with interest and costs, at the rate specified in the said

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