Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1843-02-03

A uAN
AN ACT TO amend the act entitled "An
Act regulating judgments and exc
cu'ions," passed March 4, l842; and
further 10 amend the act entitled "An
act defining the powers and duties OF
Justices Of the Peace aud Constables,
in civil cases"
Sec |. Be it enacted by the General
Assembly Of the Slate Of Ohio, That be.
fore any sheriff, constable or other off,
Ger, shall hereafter proceed to sell any
goods or chattels, upon any writ Of exc
cution, issued in a civil case, order upon
attachment or decree, such sheriff,
constable or other officer, if required,
two days before The sale. by the person
against whom such execution, order or
decree, shall have been issued, his agent
or attorney. shall summon an inquest of
three respectable househoIders, resi-.
dents Of the county, and administer TO
them an oath or affirmation impartially
TO appraise said goods and chattels, and
the said householders shall proceed to
make schedule Of the property so lie.
Wed, which schedule they, or a majori-
ty Of them, shall sign, and forthwith
deliver TO said officer, and such goods
and chaUels shall not be sold for less
than two.thirds the appraised value
thereof.
Sec 2. That each householder, acting
as appraiser under this act, shall be al.
lowed and receive for his services at the
rate OF fifty cents per day FOR the actual
time which he may be required 10 per.
form The duty Of appraiser as aforesaid,
to be charged as costs, and collected up
on the execution; provided the same be
endorsed upon their return Of the ap-
prasemeDt, and not otherwise
Sec, 3, lfany householder, summoned
to act as appraiser as aforesaid shall
fail to appear at the time and place ap
pointed by the officer, and discharge his
duty as said appraiser, he shall, on COM
plant before any justice Of the peace Of
the township in which such delinquent
householder may reside, forfeit and pay
the sum fifty cents for every such ne
elect, which sum shall be, by such JUS.
tice Of the peace, collected and paid in
10 the township treasury, for the use OF
the townships provided. such justice may
receive from such delinquent household
er, such excuse for his delinquency as
he NAV deem reasonable.
Sec. A That when any goods or chat
tells, levied and appraised as aforesaid
shall not be sold for two thirds Of the
appraised value, it shall be lawful fo
the officer holding such execution, II
return upon the same, mot sold for tht
want Of bidders;' and such officer shaI
deliver such unsold goods and chatel
to the person against whom execution
had issued, as saforesad, upon his givinj
bond, with sufficient surety, resident II
the county, to the satisfaction of th'
said officer, conditioned that the sal
debtor in execution, will deliver at tn
time and place Of the next sale, to tn
officer having in his hands m execution
upon the same judgment, the goods an
chattels 10 him restored, or other good
and chattels OF equal value, to be select
ed by said officer, which shall be dete,
mined by an inquest Of three household
ers, as herein before pointed out, whic
bond shall be made payable TO the othe
parry in the execution, and shall be re
turned, with the writ Of execution,
the court of justice from which execu
ton issued
Sec, S, That when the goods an
chattels, levied by virtue of any exec
tion issued from any court of recor
shall be restored to the debtor, und'
the provisions Of this act, and it sha
appear from the return Of the appraise
to the officer, that the same are insult
Gent, at two.thirds Of the appraised va
ue thereof, TO satisfy the execution.
shall be the duty of the officer to e
dorse that fact on the execution. al
forthwith proceed, if such officer be q
sherifror coroner, to levy such exec
tion upon other goods and chatels Of t
debtor, and for want thereof the Ian
and tenements Of the debtor in exec
ton, and proceed thereon as 10 9th
cases OF levy upon real estate; and
further goods and cbattels should be
We'd on, the same shall be appraist
and other proceedings be had in reIati
thereto, as provided by this act in 9th
cases
Sec. 6 That il The debtor in exec
ton, shall fail to give bond and sure
as before provided, Immediately after
is ascertaiped that The goods and ch
tells will not sell for two thirds the
praised value thereof, il shall then
the duty Of the officer, forthwith TO
turn upon the execution, mot sold
want Of bidders,' and said goods {
chatiels shall be subject TO be sold al q