The Ohio Democrat. [volume] (Canal Dover, Ohio) 1840-1900, 1842-08-11

mens OF personal property, which became law oil
Ohio Friday last, to go into effect OH the 2Oth Of
August We hope it may meet the ends it is intended
for 1t is in effect Stay Law.
AN ACT
To amend the act entitled ian act regulating Judgments
and erecutons passed March lS42; and further to
amend the act entitled "an act defining the pO'0erS and
duties Of justices Of peace and consa6Ies in eto"
cases"
Sec. I. Be enacted Jy the General Assembly Of the
State Of Ohio That before any sheriff, constable,
other officer, shall proceed to sell any goods or chat
tells up1n any writ o! execution uch sheriff, constable,
or other officer, if required two days before The day of
sale, by the person against whom such execution shall
have been issued his agent attorney, shall summon
an inquest ofhree respectable househoder residents of
the county and administer to them oath athrma-
ion Imparay to appraso said goods and chattes and
the said householGers shall proceed to make schedule
of the property levied and of the value in money,
at the time of appaisement, of each article evied which
schedule they, a majority Of lhem shall sign, and
forthwith deliver to said officer and such goods aud
chattels shall not be sold for less than two thirds the
appraised value thereof
Sec. g. That each householder acting as ap-
praser under this act shall be allowed and receive for
his services the sum of twenty-five cents for each
in which he may be requiredto perform the duty of ap>
paiscr aforesaid to be charged costs and collected
upon the execution provided the same be claimed at The
time of making return Of the apprasement
Sec. 3. If any householder, summoned 10 act as
appraiser as aforesaid shall fail 10 appear at the time
and place appointed by the officer and discharge his du
" such appraiser, he SHALL complaint before any
Justice ofhe peace of the township in which such dens
quent householder may reside forfeit and pay the sum
of fifty cents for every such neglect, which sum shall
be- by such Justice of the peace collected and paid into
the township treasury for the use Of the townships pro-
vided such justice may receive from such delinquent
householder such excuse Tor his delinquency as he may
deem reasonable.
Sec 4. That when any goods or chattels levied
ard appraised aforesaid shall be sold for two thirds
of the appraised vaue it shall be lawful for the officer
holding such execution, 10 return upon the same, not
sold for want Of bdders; and such officer shall deliver
such unsod goods and chattels TO the person against
whom execution had issued aforesaid. upon his Civ
ing bopd with sufficient security resident in the county,
to the satisfaction of the said officer, conditioned that
the said debtor in execution will deliver to the officer
having in his hands execution upon the same judg-
ment the goods and chattes TO him restored or other
goods and chates Of equal value, to be selected by
said officer which shall be determined by an inquest of
three househoders, as herenbefore pointed out, upon
demand at the residence OF the debtor in execution, II
that be within the jurisdiction of the court from which
execution issued and if Otherwise then upon demand
at the place at which the levy was made; which bond
shall be made payable to the other party in the execu-
on and shall bc returned with the writ Of execution,
to the court of justice from which execution issued.
Sec s. That when the goods and chattels, levied by
virtue OfHuy execution issued from any court OF record
shall be restored TO the debtor, under the provisions of
this act and shall appear by the return of the appra
thirds the appraised value thereof to satisfy the execu-
tion it shall be the duty Of the officer to indorso that
fact on the execution. and forthwith proceed, if such
officer be the sheriff coroner, to levy such execution
upon other goods and chatels of the debtor and for
want thereof the lands and tenemens Of the debtor in
execution and proceed thereon as in other cases of levy
upon real estae and if further goods and chatels be
levied on, the shall be appraised and other pros
ceedngs had relation thereto. as provided by this act
| in other cases.
Sec 6. Thatif tho debtor in execution shall fail to
give bond and surety, as before provided Immediately
after it 10 ascertained that the goods and chates will
not sell for two thirds the appraised value thereof shall
then De the duty of tbs officer forthwith 10 return, upon
the execution, no sold for want of bidders and said
goods and chaes shall be subject 10 be sold at any time
thereafter, upon writ ofvendon exponas, as in other
cases. provided the shall not be sold for less than
two thirds the appraised value.
&c., 7. All goods and chaitels re-delivered to the
judgment debtor, may be sold at any time thereafter at
two thirds of the appraised value, upon writ of ven-
dion exponas, and ifremanng unsold the officer shall
make the proper return upon the execution and deliver
such goods and chattels to the judgment debtor And
the bond previously taken for the delivery OF the goods
TO the officer shall be valid and binding to any subse-
quent delivery thereof to such officer unless surety
such bond shall object thereto, in which case the officer
shall require the debtor again 10 give bond as provided
in the fourth section of this act, and if such bond shall
not be gven the property shall remain In the custody
| of the officer.
Sec g. Alter such goods and chattls shall have
been offered three times and shall remain unsold at two
thirds of the appraised value the Judgment creditor shall
be entitled 10 have the property re'valued provided he
shall make demand thereof to the officer two days be-
fore The subsequent day OF sale; which re>yauaton shall
be made in accordance with The provisions of the fourth
section Of this act.
Sec All executions shall be issued for the sale Of
goods and chaes, which shall have been appraised
aforesaid, subsequently TO the last vendlon exponas.
and the proceeding thereon shall be at the cost of the
Judgment creditor except the costs which may
by reason of the selections and valuation Of property
which shall be delivered to the officer in lieu of such
shall have been levied upon and returned to the debtor
under the provisions Of the fourth section Of this act
and the cost of revauing the property provided in
the preceding seeon and excepting also the costs which
shall accrue upon the execution upon which the proper
ty or one third thereof may be sold.
Sec 10. No execution shall issue for the sale Of
goods and chattels which shall have been appraised on
execution except by direction of the udgn CREDITOR
his agent or attorney.
Sec. H. That If the debtor in execution shall not at
the time specified in the condition of the bond, deliver
10 the proper officer, the goods and chatels 10 hlm
restored as aforesaid goods and chattes oi equal
value as aforesaid the condition of said bond shall be
considered as broken and the creditor in execution may
sue out Of any court having jurisdiction writ OF scire
facas against the debtor in execution and his surees 10
show cause why execution should not be awarded
against them for the due upon said previous udg-
ment and costs; and upon the return Of said writ Of
sc,re facias Served" or two wrts returned nih /"