The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-07-01


g Sec. 1863. II shall be Lawful; for the sheriff O.
iailor, receiving any person Imprisoned on osecu
Ton issued In any evil proceeding at any tim
. when there IL no money in his hands TO psy to
: the sustcnancc Of such prisoner, to dsciarg
, him from prison The jailof may, however, detail
such prisoner. the adverse party being liable 70
such sustenaDce.
See. 1863, The debtor committed a. berei,
provided, may be held in prison ten days, and
he be person without family, for which h,
provides, one day in addition Tor every dollu
, over ten due on the execution, or II bo have ,
J family for which lie provides, ono day in nddi
tion for every two dollars over twent,
due on the execution.
Sec. 10. The affidavit Of an imprisoned
debtor, that he has family for which he pro
yides, specifying by name, one or more persons
I members OF such family, and the place Of their
residence, is sufficient evidence thereof 10 author.
ze his discharge by the jailor.
Sec. Ill. A constable is liable 10 the party
IN whose favor an execution issued 10 him for the
amount thereof, in the following cases:
I. Where he suffers thirty days to elopse
without making u true return thereof TO The
justice, and paying to him, or to the party en.i.
tied, the money collected thereon by him.
z. Where he wilfully ard carclcssly omits to
levy on property within thirty days, or il the de-
fenddnt be liable to be imprisoned, then to arrest
and commit him to the jail Of the county within
thirty days
Sec. 172. When an execution shull be return.
ed unsdtisficd for the want Of goods aud chattels
the Justice shall, unless otherwise directed bv
the party for whom the execution issued, com.
mcnce an action on the undertaking for the stay
of execution, and soon as judgment is obtain.
cd thereon shall issue execution, and il such exc.
| cution be returned unsatif in whole or IN part
for want OF goods and chattes 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. 173. 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 ma proceed gainst
the surety in the undertaking in like manner as
| il execution had been issued gainst the de fen.
dant and returned not stisfied for want Of goods
and chattcls whercon to levy.
Sale on Execution.
Sec. III. All property taken in cxcction un.
der the provisions OF this act shall be advertised
for sale, at four Of the most public places within
the township where such property was seized, ut
least ten days previous TO the time az pointed for
such sale, which sale shall be held between the
hours Of ten o'clock A. NJ, and four o'clock, p.
NJ. at the house, or on the premises, whe re such
property was taken, or at one OF the most publ
places within the township.
See IFS. 1t shall not be lawful for any usticc
of the peace who issued the execution, nor for the
purchase
either directly or indirectly, any propcriy cold
on such execution. And any justice or consta.
bic who shall offend against the provisions Of
this section, shall forfeit and pay, for every such
offence, any sum not exceeding one hundred
dollars, 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
the use OF the township where such cffeneo wuo
committed; ard sha moreover be liable to the
action Of any party in urcd thereby.
Sec. l16. When any cattle CT other live stock
shall be taken in execution, il shs II be the duty
OF the justice who issued the execution, or other
Justice churged with the duty Of collecting the
Judgment, whercon such execution issued, 10 al.
low the constable, for keeping of the same, !
reasonable compensation; to be taxed and col. |
lccted as other costs in the suit
Sec. 1T. When a constable shall levy on |
and sell any goods and chattles, he shall make |
out and annex to his return to the execution, in
virtue of which such sale was made, a true in.
vcntory of all snch property, and of each article
thereof, and the price at which the same was
sold; and for each and every neglect to return |
true and accurate schedule or inventory Of prop.
crty sold, or remaining unsold for want of bid.
ders, 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, on conviction thereof, any sum not exceed.
ing one hundred dollars; to be recovered by &C.
ton in the name Of the State of Ohio, for the
use Of the party injured thereby, to he prosecu.
ted before any court having cognizancc there
Of
Sec. l7S. Where constable shu II have levied
on any goods and chattels which remain unsold
for want of bidders, other Just cause, il shall
be his duty to return with the execution q sche.
dule of all such goods and chattles And the
Justice shall unless otherwise directed by the
party for whom such execution issued, or his a.
gent, Immediately thcrcaf fter issue an order there
h,, linz hio yh,u q fhoo
may be direct, or delivered, 10 expose snch prop
crty to sale; which sale, e. the proceedings there.
on, shall be the same as II such property had been
sold on the original execution.
See 119. Any constable having levied on !
goods and cnattels, Of which he permits the par |
ty against whom the execution issued 10 retain
the possession, is hereby authorized to take such
security for his own indemnity as he may require,
that such property shall be delivered at the time
and place appointed for the sale thereof.
Sec. loO. In all cases where any lands may
(havel been let, reserving rent in kind, and
when the crops or emblcments growing or
grown thereon. shall be levied on or attached,
by virtue Of any execution, attachment or other
process, against the landlord or tenant, the
interest OF such landlord or tenant again whom
such process not issued, shall not be affected
thereby; but the same may be sold, subject to
the claim or interest of the landlord or tenant
against whom such process did not issue.
Sec lSl. In cases where the constable shall
make il appear to the satisfaction of the justice
that he has been deprived Of an opportun ty
OF levyng an execution within the time pre-.
scrbed by this act, or otherwise prevented from
making the whole Of the money therein required
to be made, and sha u make return to the justice
who issued the same to that effect, such Just ice
is hereby authorized and require to issue further
process Of execution, for the amount or balance
remaining unsati,ied; which shall be served
and returned, in all respects, as other executions
are under this act.
ARTICLE XIII.
or Constables and their Duties.
! Sec. 1872. Constab bes shall be elected for the
term Of one year, and shall continue in Office
until their successors are elected aud qualified.
Sec. le3. Every constable, before he enters
upon the duties ofhis Office, shall take an OATH,
or affirmmntion, before person authorized TO
administer the same, to support the constitution
of the State of Ohio. and faithfully to discharge
his duties as constable during his continuance IN
Office, according to the bcst OF his skill and
ability
Sec 1884, Every constable, within ten days
a fter his election, and before he shall take the
! NJ, ,, Of off shall ri ye an Undertaking the