Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1853-07-16

| 2-where he wilfnlly aud carelessly omits Ia
levy on property within thirty hay, or u the defcn-
dant be liable 10 be Imprisoned then 10 arrest and
commit him 10 the jail Of the county withiH thirty
days.
See. I72 When an execution shalt b. returned
unsatisfed for the want OF goods and chattels, the
Justice shall, unless otherwise directed BY the
party for whom the execution issued, commence
action on the undertaking for the stay Of exc
cuion, aud 80 soon as iNdgment u obtained there's
on shall issue execution, aud if such execution be
! returned uusaisfird in whole or 10 part for want
Of goods and chaueis Of the bail whersOn TO levy,
then the plaintiff may demand aud have execution
on the original Judgment for the amount remain
ing due.
Sec. l73 Where bail is given for the stay OF
execution, aud 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 as IL ex-
ecution had been Issued against the defendant,
and relurued not satisfied for want Of goods and
chattles whereon TO levy.
Sale on Execution.
Sec. ia. All property taken in execution 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, at
least ten days previous 10 the time appointed for
such sale which rale 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 whore such
property was taken, or al one Of the most public
places within the township
Sec. l75. ]. shall not be lawful for any Justice
OF the Peace who issued the execution, for the
constable holding the execution, to purchase either
directly or indirectly any property sold on such
| exe xecution. Any Justice or constable who shall
offend against the provisions Of this section shall
forfeit aud pay for every such offence, any sum not
exceeding one hundred dollars, less than FIVE
| 1oll -. -aI - ...H .oesu 10, H..
name Of the State of Ohio before any court having
Jurisdiction thereof, for the OF the township
where such offence was committed; and shall
moreover be linbe 10 the action Of the party njur
ed thereby.
Sec. l76. When any cattle or live stock shall
be taken in execution, il shall be the duty Of the
Justice who issued the execution, or other Justice
charged with the duty OF collecting the judgment,
whereon such execution is issued TO allow the con-
| stable for keeping OF the same, a reasonable COM
pensaon, 20 be taxed aud collected ss other costs
| in the suit
Sec. III. When a constable shall levy on and
sell any goods and chattelsh he shall make out and
annex 10 his return TO the execution, in virtue Of
which such sale was made, true inventory Of all
such property, and OF each article thereof, and the
price at which the same was sold; and for each
aud every neglect to return true and accurate
schedule or Inventory OF property sold, or remain
unsold for want OF bidders, or other Just cause,
and il sold, the price at which the same was sold
each and every constable guilty OF such neglect,
shall forfeit and pay on conviction thereof, any sum
not exceeding one hundred dollars, TO be recover
ed BY action in name OF the State Of Ohio, for the
use the party injured thereby, 10 be prosecuted
before any court having cogniZance thereof
Sec. i7S. Where constable shall have levied
on any goods and chattles which remain unsold
for want Of bidders, other just cause, it shall be
his duty TO return with the execution schedule of
all such goods and chsttels. And the Justice sha
4 k.k f,.
such execution issued, or his agent, Immediately
thereafter, issue an order, thereby comm anding
any constable to whom the same may be directed
or delivered, to expose such property TO sale;
which sa lie, and the proceedings thereon, shall be
the same as if such property had been sold on the
original execution.
Sec. 179 ANY constable having levied on goods
and chattels of which he Permits the party 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 prop
erty shall be delivered at the time aud pace ap-
pointed for the sale thereof.
Sec. 1870. In all cases where any lands may
[have been let, reserving rent in kind, and when
the crops or emblements growing or by 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 process was
not issued shall not be affected therebyi but the
same may be Sold subject 10 the claim or interst
Of the landlord or tenant against whom such pro-
cess did not issue.
Sec l9l In cases where the constable shall
make il ppear to the satisfaction of the justice,
that he has been deprived Of an opportunity Of lev
wing an execution within the time prescribed by
this act, or otherwise prevented from making the
whole Of the money therein required to be made,
and shall make return to the Justice who issued
the Same 10 the effect, such Justice is hereby au-
thorized and required to issue further process OF
execution, for the amount OF balance remaining
unsatisfied which shall be so served and returned
in all respects US other executions are under this
act.
ARTICLE XIII.