Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1853-07-13
WHOLE NO. 419.

summons was served, to be specified by name.
If such judgment be also such that the defendants
are subject to arrest thereon, the Justice must
farther specify the names of those defendants
served with the summons, who may be arrested
for want of property. ~-Hl%it, fe1t@
Sec 1877. A constable may, at his peril, omit
to arrest debtor or after arrest, suffer him to go
at large before the return day, subject only to his
liability for an escape, or for omitting to arrest if
he fail to have either the money or the person of
the debtor in custody at the expiration of the thirty
days. - ,g eu-. aass - ~, -yF,g y~ysd
Sec. 1853. 1t shall be lawful for the sheriff or
jailor, receiving any person imprisoned on ex-
ecution issued in any civil proceedin at any
time when there is no money in his hands to pay
for the sustenance of such prisoner, to discharge
him from prison. The jailor may, however, de-
tain such prisoner, the adverse party being liable
for such sustenance. . '-1 $3.50 ,.H~s
Sec l69 The debtor committed as herein
provided, may be held in prison ten days, and1if
he be person without family, for which he
Provides one day in addition for every dollar over
ten due on the execution, if he have family for
which he provides, one day in addition for every
two dollars over twenty due on the execution
Sec. ITO. The affidavit of an imprisoned debt
or, that he has family for which he provides,
specifying by name, one or more persons, mem
bers of such family, and the place OF their resi-
dence is sufficient evidence thereof to authorize
his discharge by the jailor. r.. ~ .---
L.
in whose favor an execution is issued to him for
the amount thereof, in the following cases: =
1-Where he suffers thirty days to elapse with
out making true return thereof to the Justice,
and paying to him, or to the party entitled, the
money collected thereon by him. i- 20
2-Where he willfufly and carelessly omits to
levy on property within thirty day days or if the
defendant be liable to be imprisoned, then to ar
rest and commit him to the Jail of the. county
within thirty days. -, ,f-'-<.'
Sec. 172. When and execution shall be re-
turned unsatisied for the want of goods and chat
tells, the Justice shall unless, otherwise directed
by the party for whom the execution issued, COM
mehce an action on the undertaking for the stay
of execution, and so soon as judgment is obtained
thereon shall issue execution, and If such execu-
ton be returned unsatsfed in whole or in part
for want of goods and chattels of the bail where
on to levy, then the plaintiff may demand and
have execution on the original judgment for the
amount remaining due.
Sec. I73. Where bail is given for the stay of
execution, and the defendant against whom the
Judgment was rendered shall die before the same
is satisfied, the creditor may proceed against the
surety in the undertaking in like manner
if execution had been issued against the defend
ant, and returned not satisfied for want of goods
and chattles whereon to levy.
Sale ON Execution.
Sec. l74. All property taken in execution
under the provisions OF this act shall be advertis
ed for sale, at four of the most public places with
in the township where such property was seized,
at least ten days previous to the time appointed
for such sale which sale shall be held between
the hours of ten O'Clock, A. NJ and four O'Clock,
P. M, at the house, on the premises, where
such property was taken, or at one of the most
public places within the township.
Sec. IT'S. 1t shall not be lawful for any JUS
tice of the Peace who issued the execution, nor
for the constable holding the execution, to pur-
hoe o1fb Iiro fIr ipHir lu
sold on such execution Any justice or constable
who shall offend against the provisions of this
section shall forfeit and pay, for every such Of
ence, any sum not exceeding one hundred dol
ars; less than five dollars; to be recovered by
civil action, in the name of the State OF Ohio,
before any court having jurisdiction thereof, for
Use of the township where such offence was COM
nitted; and shall moreover be 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 issued the execution, or other Justice
charged with the duty of collecting the judgment,
vhereon such execution issued to allow the con-
,table for keeping of the same, reasonable
to be taxed and collected as other
costs in the suit.
Sec. IT. When a constable shall levy on
md sell any goods and chattles, he shall make
,ut and annex to his return to the execution, IN
yirtue of which such sale was made, true inven-
ory of all such property, and of each article
hereof, and the price atwhich the same was sold;
nd for each and every neglect to return true
nd accurate schedule inventory of property
old, or remaining unsold for want of bidders, or
ther just cause, and if sold, the price at which
he same was sold; each and every constable gull
Y of such neglect shall forfeit and pay, on con-
iction thereof, any sum not exceeding one hun
red dollars; to be recovered by action in name of
he State of Ohio for the use of the party injured
hereby, to be prosecuted before any court having
ognizance thereof.
Sec. l78. Where a constable shall have levi
d on any goods and chattles which remain un-
old for want of bidders other just cause,lt shall
e his duty to return with the execution sched-
lie of all such goods and chattles. And the JUS
ice shall, unless otherwise directed by the party
or whom such execution issued, or his agent I'M
thereafter, issue an order, thereby COM
handing any constable to whom the same may De
irected or delivered, to expose such property to
ale; Wholesale, and the proceedings thereon,
hall be the same as if such property had been
old on the original execution.
Sec 49, ANY constable having levied on
oods and chattles, of which he permits the party
gainst whom the execution issued to retain the
ossession, is hereby authorized to take such Sc
urity for his own Indemnity as he may require,
hat such property shall be delivered at the time
nd place appointed for the sale thereof.
Sec 100. In all cases where any lands may
have been let, reserving rent IN klnd ana Wnen
he crops or emblements growing or by grown
hereon, shall be levied on or attached, virtue OF
nv executions, attachment or other process,
oainst the landlord or tenant, the interest ofsuch
endJord or tenant against whom such process
vas not issued shall not be affected thereby; but
he same may be sold, subject to the claim or in
crest of the landlord tenant against whom
uch process did not issue.
Sec ISI. In cases where the constable snail
make it appear to the satisfaction of the justice.
rrVrIfy nj