Spirit of the times. [volume] (Ironton, Ohio) 1853-1858, 1853-08-02

inal Judgment for the amount remainin
, due.
Sec. l,3. When bail is given for N
stay Of execution, md the deiendun
=. against whom the judgment was render
. ed shall die before the same is satisfied
.hc creditors msy proceed against th
surely in the undertaking in like mannc
, os il execution had been issued aguins
the defendant; and returned not satisfied
for want Of goods and chattsls wlsgeo,
to levy.
4 SALE on ExEccTl0N.
j SEQ. ia. all properly taken in exc
cution under the provisions Of this act
shall be advertised for sale, at four o
The most public places within the town
ship where such property was seized
ai least ten days previous 10 the time ap
poirtci for such sale, which sale shall
be held between the hours Of ten o'clock
A NJ, and fous o'clock. p. NJ. at the
house, or on the. premises, where such
property was taken, or at one Of tho
mos, public places within the township.
Sec. lis. 1t shall not be lawful for
ary Justice Of the pcacc who issued the
execution, or the constable holding tho
execution, to purchase either directly or
indirectly any property sold on such
execution. Any Justice or constable
who shall offend against the provision.
Of this section shall forfeit and pay for
every such offence, any sum not exceeds
ing one hundred dollars, nor less than
five dollars; to be recovered by civil nc.
tion, in the name Of the State of Ohio,
before any court having jurisdiction
thereof for the use of the township where
such offence was committed; and shall
moreover he liable TO the action Of the
party injured thereby.
Sec. l76. When any cattle or live
stock shall be taken in execution, it
shall be the duty Of the Justice who issu.
ell the execution, or other Justice
charged with the duty Of collecting the
judgment. whereon such execution issu.
ed, to allow the constable, for keeping
the same, reasonable compensation;
TO be taxed and collected as other costs
in the suit.
Sec. III. When o constable shall
levy on and sell any goods and chnttles,
he shall make ont and annex 10 his re.
turn TO the execution, in virtue Of which
such sale was made, true inventory Of
oil such property, and OF each article
thereof, and the price at which tho same
was sold; and for each and every neglect
10 return true and accurate schedule
Or inventory ofproperty sold, or remain.
ing unsold for want OF bidders, or other
just cause, and If sold, the price at which
The same was sold; each and every con.
stable guilty Of such neglect. shall forfeit
and pay Oh conviction thereof, any sum
not exceeding one hundred dollars; to
be recovered by action in the name Of
he State of Ohio. for the use Of the par.
ly injured thereby to be prosecuted be.
Tore any court having cognizance thereof
Sec. 17s. Where a constable shall
have levied on any goods and chat,les,
which remains unsold for want Of bidders
Or other just cause, it shall be his
luty 10 return with The execution q
schedule Of all such goods and chattIes.
And the Justice shall, unless otherwise
lirec,el by the party for whom such ex.
'culion issucJ, or his agent immediate.
y thereafter, issue an order, thereby |
commanding any constable to whom the
ame may be directed or delivered. to
Expose such property to sale; which sale,
and the proceedings thereon, shall be
he same as if such property he'd been
sold on the original execution:
Sec. 179. Any constable having lev.
ed on goods and cha,tcls, Of which he
permits the parry against whom the exc.
;u,ion issued to retain the possession, is
hereby authorized to take such securi.
y Tor his own indemnity as he may re.
4uire, that such property shall be de.
ivered at the time and place appointed
ior the sale thereof.
Sec. $50. In all cases where any
lands may [have] been let, reserving
ent in kind, and when the crops or EN-.
elements growing or srown thereon,
shall be levied on or attacked by virtue Of
my execution. attachment or other pro.
,css, against the landlord or tenant,
he interest Of such lanllold or tenant
against whom such process was not issu
ID, shall not be affected thereby; but the |
same may be sold, subject to the claim
" interest of the landlord or tcnan,
against whom such process did not issue.
Sec. lSl. In cases where the consta.
dc shsll make i, appear to the sa;isGac.
ton Of the justice, that he has been de.
orived Of ar opportunity Of levying an
execution within the time prescribed by |
his act, or otherwise prevented, from
making the whole OF The money therein
required to be made, and shall make re.
urn to the justice who issued the same
10 that effect, such justice is hereby au.
lhorized and required to issue further
process Of execution, ior the amount or
balance remaining unsatisfed; which
shall be served and returned, in all
respects as other executions are un Ter
his act.
ARTICLE XIII.
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