Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1843-02-03
CARROLLTON, OHTO--FRIDAY, FEBRUARY g, 1913.

ed, the same shall not be sold for less
than two thirds Of the appraised value
Sec, 7. All goods and cbatteIs re-
delivered 10 the judgment debtor, may
be snld, at any time thereafter, at two
thirds OF the appraised value. upon a
writ Of veOdilioni exponas. end il re-
naming unsoId, the officer shall make
the proper return upon The execution,
and deliver such goods and chsttels 10
the judgment debtor And lhe bond
previously taken for the delivery Of the
goods to the officer, shall be valid and
binding as TO any subsequent delivery
thereof to such officer, unless a surety
on such bonds sha! 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 iG
such bond shall not be given, the pro-
perty ShaIl remain in the custody Of the
officer
Sec. 8. After such goods and chattels
shall have been offered three times, and
shall remain unsold at two thirds OF the
appraised value, the judgment creditor
shall be entitled to have the property
revalued, provided he shall make de-
mand therefor TO the officer Two days
before the subsequent day Of sale; which
revaIualion shall be made in accordance
with the provisions Of the frsl section
Of this act.
Sec 9 All executions, orders and de.
crees, which shall be issued for the sale
of goods aud chattes which shall have
been appraised, as aforesaid, subse-
quentlv to, and within six months OF the
date OF the second vendtioni expon as,
and the proceedings thereon, except the
pouDdage, shall be at the sost Of the
judgment creditor
Sec 10, No execution shall issue for
the sale Of goods and chatteIs, which
shall have baen appraised on execution,
except by direction Of The judgment ere
dilor, his agent or attorney.
Sec. !. That if the debtor in execu'
ton shaIl not, at the time specified in
the condition Of the bond, deliver TO the
proper officer. the goods and cbatlels to
him restored as aforesaid, or other
goods and chaite9 Of equal value, as
aforesaid, the condition OF said bon d
shall be considered broken, and the
creditor in execution may sue out Of any
court, having jurisdiction, a writ Of
scire facias against the debtor in exeeu
tion and his sureties, 10 show cause why
the execution should not be awarded
against them, for the amount due upon
said previous Judgment and costs; and
upon The return OF said writ Of sclrc
facias served or Two wrts returned
'nihl,' The court or justice, if it app eaT
that the condition Of the bond has been
broken and that the judgment remains
upsatisied, shall upon motion, without
continuance, award execution for the
amour, due on said judgment, and inter
ests and costs, together with the cost;
of said scire faciss against said judgmen
: debtor and his suretes; upon which ex-
e ecntion there shall be neither stay no
s appraisement Of personal property.
Sec. l2. That so much Of the act Il
= which this is an amendment, as conflict
I, with this act, be and the same is hereb!
e repealed.
r Sec. 10. This act shall take effect an
o be in force from and after It's passage
Q and shall remain in force until the frs
i day Of March, one thousand eight hun
s dred and forty fve'
n JOHN CHANEY,
2 Speaker Of the House Of Representative
n JAS ] FARRAN,
e Speaker Of the Seadt
o January 10,