The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1853-07-13
NUMBER II,

y 2
the bail whereon to levy, then the plaintiff
original judgment for the amount remain
ing due.
! l73. 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 un-
dertaking in like manner as if execution
had been issued against the defendant,
and returned not satisfied for want Of
goods and chattels whereon to levy.
SALE ON EXECUTION.
| 174. All property taken in execution
under 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, atleast 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. NJ, at the house, or on the
premises, where such property was taken.
or at one of the most public places within
the township.
l75 1t shall not be lawful for any
Justice of the peace who issued the execu.
ton, nor for the constable holding the ex-
ecution, to purchase either directly or in
directly, any property sold on such exc
cution. And any justice or constable who
shall offend against the provisions Of this
section. shall forfeit and pay, for every
such offence. any sum not exceeding one
hundred dollars, nor less than Eve dollars;
to be recovered by civil action, in the
court having jurisdiction thereof, for the
use Of the township were such offence was
committed; and shall moreover be liable
to the action of the party injured thereby.
| 176. When any cattle or other 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, where
on such execution issued. to allowthe con-
stable. for keeping Of the same, q reason
able compensation; to be taxed and col,
lected as other costs in the suit. ~ s7sst
| 1T. When constable shall levy on
and sell any goods and chattels, he shall
make out and annex 10 his return TO The
execution, in virtue of which such sale
was made, a true inventory of all such
property, and Of each article thereof, and
the price at which the same was sold; and
for each and every neglect TO return a true
and accurate schedule or inventory Of
property sold, or remaining unsold for
want Of bidders, or other just cause, and
| if sold, the price at which the same was
sold; each and every constable guilty Of
such neglect, shall forfeit and pay, on Con-
viction thereof, any sum not exceeding one
hundred dollars; to be recovered BY action
in the name Of the State of Ohio, for the
use of the party injured thereby, to be
prosecuted before any court having cog
nizance thereof. s~ - s'p
178. Where constable shall have
levied on any goods and chattels which
remain unsold for want Of bidders, or other
just cause, it shall be his duty to return
with the execution schedule Of all such
goods and chattles. And the Justice shall,
unless otherwise directed by the party for
whom such execution issued, or his agent,
Immediately thereafter, issue an order,
thereby commanding any constable 10
whom the same may be directed OF. deliv-
cred, TO expose such property to sale;
which sale, and the proceedings thereon,
shall be the same as if such property had
been sold on the original execution.
I79. Any constable having levied on
goods and chattels, of which he permits
the party against whom the execution is-
sued to 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.
; 1870. In all cases where any lands
may have been let, ,reserving rent in kind,
and when the crops or emblements grow
ing 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 against whom such pro-
cess was not issued, shall not be affected
thereby; hut the same may be sold. SUBJ
ject TO the claim or interest Of the landlord
Ior tenant against whom such process did
not issue.
j 1871. In cases where the constable
shall make it appear to the satisfaction Of
the justice, that he has been deprived of an
IoPPoTtunlty oi leFyInB I'LL execution Watnln
1.-THE time prescribed by this act, or other
wise prevented from making the whole Of
the money therein required to be made.
and shall make return to the Justice who
issued the same to that effect, such Justice
lis hereby authorized and required to issue
further process Of execution, for the amount
or balance remaining unsatis6ed; which
shall be served and returned, in all respects,
J as other executions are under this act
ARTICLE XIII.
OF CONSTABLES AND THEIR DUTIES.
3 1872. Conslables shall be elected for
the term of one year, and shall continue
in Office until their successors are elected
and qualified.
1873. Every constable. before he en-
ters upon the duties OF his office, shall
take an oath, or affirmation, before a per-
son authorized to administer the same, to
supportthe constitution of the State of Ohio,
and faithfully to discharge his duties as
constable during his continuancein office,
according to the bes. of his skill and
ability.* IS .sf, ],