The Wyandot pioneer. (Upper Sandusky, Ohio) 1853-1868, 1853-07-21

Judgment to pay morey on account OF
tEcir principal.
Con judgments obtained by consta-
bles on undertakings executed to them for
the delivery of property.
See. 159. IF the execution issued be-
fore the undertaking for stay, or that re-
qulred in case of appeal be given, and
such undertaking be given afterwards,
and within the time allowed, tie Justice
shall recall the execution
Sec: 16o. When any person who has
become bail for stay of execution, shall
remove before the expiration of such stay
into any other county or State, the JUS
tice shall, on demand, issue execution a.
gainst the goods and chattlcs of the de-
fcndant, or othcr party against whom the
original judgment was rendered to bepro-
ceeded with AS in other cases.
Sec. l61. When any surrey for tie stay
of execution shall become apprehensivc
that by delaying tie execution until the
expiration of the full time of such stay
he or she may be compelled to pay the
judgment, it shall be lawful for such sure
tv to make and file affidavit of that fact,
before the Justice on whose docket the
Judgment is entered; whercupon such
Justice shall issue such execution against
the judgment debtor, which shall be pro-
ceeded in as in other cases; Provided
such bail shall not thereby be discharged
from liability, but may be proceeded a.
galnst after the expiration of the term of
stay, in the same manner as if execution
bad not issued as aforesaid
Sec. 1862. If the Judgment debtor shall
within ten days af,er levying such cxccu-
ton enter into farther undertaking for
the stay of execution, during so much OF
the first stay as remains then unexpired,
and shall pay the costs of the execution
issued against him, as aforesaid, it shall
be the duty of the Justice to take such
further undertaking, and recall tie cxecu-
ton; and the person who last become sure
ty, shall first be proceeded against, until
; it shall be appear, by the return of the
constable, thatEe orshe has no goods and
chattles whereon to levy, before proceed
lngs shall be instituted on tie undertak
ing first given.
Sec. 1853. When any Judgment shall be
obtained against any person who shall
have entered himself bail on the docket
Of any Justice of the peace, agreeable to
the provisions of this act, the original
Judgment shall remain good and valid in
law, for the use Of such bail; who, at any
time thereafter, may sue out execution,
on such Judgment, against the goods and
chattlcs of thedcicndant, for tie use OF
such bail, which she'll be so endorsed by
the Justice: and such bail shall also be
entitled to transcript of such judgment
for his own use; which shall have the
same force and cffcctas transcript in 9th
cr cases.
Sec. 164. At any time before the stay
shall expire, if the Justice taking the sure.
ty, or his successor in office, shall become
: satisfied that tie surety is insufficient, il
shall be lis duty to cause written notice
thereof to be given to tie defendant, OF
if he be absent. that the same be left al
his residence, requiring him to give addi
tional surety. If such defendant shall
not have given such additional surety, OF
or by the third day after the giving sucl
notice, and such fact shall be entered OF
the docket, and he shall Immediately is
sue execution against the defendant @fo
the collection of the Judgment. If with
in ten days after the issuingof such exc
cution surely to tie satisfaction of thu
Justice be given, the execution shall be re
called and stayed until the expiration ofth'
original stay.
Sec. 1866 The execution must be di
rccted to the constable of the county
and subscribed by the justice By whom
, the Judgment was rendered, or by his sue
: cessor in office; and must bear date th
day Of its delivery to the officer, to b
l executed. It must intelligibly refer t
, the Judgment by stating the names of th
q parties and the name of the Justice be
fore whom, and of the county and town
ship where, and the time when it was rem
Il dered, the amount of the judgment, an
, if less than the whole is due, the true a
mount due thereon Itmust require tn
; constable substantially as follows:
: If it be a case where the defendan
cannot be arrested, it must direct the OF
/ fcer to collect the amount of the iude
y ment out of the personal property of tn
debtor, and pay the same to theparty en-
> titled thereto.
eff it be a case where any of tn
Judgment debtors are certified on th
v docket as surety, it shall command tha
Y the money be made of the personal prop
;. erty Of the principle debtor, and for wan
thereof of the personal property of tn
T L Il