The Democratic sentinel. [volume] (Cadiz, Ohio) 1852-1853, 1853-07-20
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ARTICLE MI.
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ment Ot lu1s snltht hcfuIe Stle1'tN~.r ~ -
Peace (excepI when it has been tSken 10
the common Pleas on error, or appeal, OF
docketed therein, OF during the time II may
be STAYED, as provided by this act. may
issue by the Justice before whom the judg-
lnent Eas rendered, or By his specssSor IN
oliics, on tle appiicaaon Of the party en-
Il. led thereto, at any time within five years
from she eruy OF the judgmen, or the date
Of the lastpxecutiua issued thereon.
sec. l55. ltshal be the duty Of the
Justice, il lhe case be not appealed, taken
an on error, dnckeled in the common pleas,
ur bail has nos been given for the stay Oh
uxeeuiion NJ the expiration Of ten days
from the entry OF judgment, ~ issue exc
eutioa without a demands and proceed to
collect the Judgment, unless otherwise d.
Teeted by the judgmsns creditor.
Sec. 56. Amy person against whom
Judgment may be rendered uader the pro-
visions OF this act, except as hereinafter
excepted, may have stay Of execution ior
he several peglQds hereinafter mentioned,
by entering into an undertaking TO the adj
verse patty, within ten days after the rem
dl,ion of such Judgment, with good and
=ufirient surety, resident OF the county, as
the justice shall approve, conditioned ior
tile payment ot the amount Of such Iudg-
mant, interest and costs, apd costs that
asy acsrue; which undertaking shall be
entered on the docket o( the justice, and
be signed BY the surety. ug
Sec.7I57. The stay of execution here
hY authorized, shall be graduated as fol
lpws, namely .EE aaE-
First: On any Judgment for FIVE dollars
and under, the stay shall be for sixty days
Second: On any Judgment exceeding
ave dollars; and under twenty dollars, the
stay shall be for ninty days.
Third: On any judgment for twenty
dollars, and under fifty dollars, tR1 stay
shall be for one hundred apd fifty days.
Fourth; On any judgmeat for fifty dol
lars Or upwards, lhe stsy Shall be for twc
hundred and forty days.
Fifth: On any judgment is obtained
aeainst surety, and he takes a stay there
on, and be obtains judgment against tht
principle, stay of execution must be allowed
On the Judgment against the principle only
SO long that the stay will expire one monti
before chat allowed TO the surety onthe judg'
men. against him. gf
Sec. 58 No stay Of execution on judg,
ment rendred in the following cases, shall
be- allow:
lon Judgment rendered against JUS
tees of the peace for refusing TO pay ovel
money by them collected, orrecelved in thelI
official capacity.
2--On judgments against Justices ior no
reporting annually to the auditor all fines
asrequjted by law.
Son any judgment rendered against {
constable for falling to make return, max
ing false return, or refusing to pay owe
money collected in his official capacity
4-On judi sments against bail fer tho stay
Of execution. - 2"
5-Wherc Judgment is rendered in favol
Of bail WHO have been compelled by judg
pient to pay money on account Of their 2rns
ciple.
Acknowledgements obtained by constableE
ON undertakings executed to them for th1
delivery of porperty.
Sec. I59 If the execution issued before
the undertaking fH say, or that required
in ease of appel be given, and such under
tsking be given afterwards, and within thu
tiuae allowed, the Justice shall recall the ex
ecntion.
Sec. leo. Where any person who ha
become bail for stay Of execution, shall
remove before the expiration of such stay
into any other county or State, the Justice
slfall, on demand, issue execution agains
tie goods and cha ties Of the defendant, Oh
other party against whom the original judg
,nent was rendered to be proceeded with az
mother, cases.
See. l6l. When any surety for the stay
pf execution shall become apprehensiy,
that BY delaying the execution until the ex
blraton Of the tull time of such stay, he oI
she may be compelled to pay the judgment
il shall be lawful for such surety to make
and file affidavit o that fact, before the jus
uce on whose docket the judgment is enter.
Cd; whereupon such Justice shall issue ex-
ecution against the Judgment debter, which
shall be proceeded IN as in other cases: Pro-
vided, such bail shall not thereby be dis
charged from liability, but may be proceeded
against R(ter the expiration Of the term Of
stay, in the same manner as il execution
htd not issued as af, resald.
Sec. l62. II the judgment debtor shall
within ten days after levying such execution,
enter into tuther undertaking for the stay
ofexecption, during SO much Of the first
stay as remains then unexpired, and shall
pay the costs ofthe execution issued against
him, as aforesaid, it shall be the duty of the
Justice to take such further undertaking,
and recall the execution; and the person
who last become surety, shall first be pro-
ceeded against, until il shall appear, by the
return ofthe constable, that he or she has
no goods and chattles whereon to levy, be,
fore proceedings shall be instituted on the
undertaking first given.
Sec. 1868. When any judgment shall be
obtained against any person who shall have
enterde himself bail on the docket of any
Justice Of lhe Peace, agreeably to the pro,
visions Of this act. the original Judgment
shall remain good and valid in law, for
the lie Of such bail; who; at any time
thereafter, may sue ont execution, on such
Judgment. against the goods and chattles
III the defendant for tie nse Of such bail,
which shall be so endorsed by the justice;
and snch bail shall also be entitled 10 a
transcript of such judgment, for his own
yse; WHICH shall have the same force and
effect as transcripts ia other cases.
Sec. I64. AT any time before the stay
shail avnira IL fhe Iusfice 4akino tho Ell.