Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1853-07-26

lssheu on judgment IN Iav|[ oi Tue delen0'
ant in The action, shall hal been reiurned,
that sufficient properly ,whef1pon ioleyy and
make The amount Of such ioofmeni, cannot
be found in the county.
Sec. 1853. II any justice ball issue writ
10 replevin property, as is rovided by this
article, wi,hou, the affidavit being made and
filed in his office, as is provided in section
one hundred and forty. hi same shall be
sci aside al his costs, and shall be liable
ia damages TO the party Injured.
ARTICLE Ill.
EXECUTIoN-RETURN- N-sTAYIoF EXECUTION
NOTICE OF IvERY+UNDERTAKING
Sec. 154. Execution for The enforcement
OF judgement before Ju4ice oil The Peace
( except when il las been ihken 10 The COM
mon Pleas on error, or anpea, or dockeled
therein, or during the limei may be stayed,
os provided by this act, nay issue by the
Justice before whom the judgment was rem
dered, or by his successorlin Office, on the
application of The party entitled thereto, at
any time within five years from the entry of
the judgment, or The daleof he last exc.
cuiion issued lhereop.
Sec. 155. Ii shall be lheIduty of the JUS
lice, if The case be not appealed, taken up
on error, dockeled in the common pleas,
or bail has not been gwen for the stay Of
execution at The expiration.of ten days from
the entry of judgment. 10 issue execution
without demand, and proceed 10 collect
the judgment, unless otherwise directed by
The judgment creditor
Sec. 166. Any person agains, whom judg
men. may be rendered under the provisions
Of this act, except as hereinafter excepted,
may have stay OF execution for lhe several
periods hereinafter mentioned, by entering
into an undertaking 10 The adverse party.
within ten days afIer the rendition OF such
Judgment. with good and sufficient surety,
resident Of the county, asihe justice shall
approve. conditioned for de pay menl Of the
amount of such judgmspt interests and
costs, that may accrue; Hhich undertaking
shall be entered on the docket ofhe Justice,
and be signed by lha slifety
Sec. 81. The stay Of execution hereby
authorized, shall be graduated as follows,
namely:
First: On any judgment for five dollars
and under, the stay shall be for sixlv days.
Second: On any judgment exceeding five
dollars and under twenty dollars, The stay
shall be for ninety days. .O
Third On any judgment for twenty dol.
lars, and under fifty dollars, the stay shall
be for one hundred and fifty days.
Fourln: On any judgment for fifty dollars
or upwards, the stay shall be for two hun.
dred and forty days.
Fifth: Where judgment isoblained agans
a surety, and he takes q stay thereon, anc
he obtains judgment against the principal
stay OF execution must be allowed on iudg
men' against the principal only so long lha
The stay will expire one month before that
allowed 10 The surety on The judgment again.
him.
Sec 1853. No stay of execution on iudg
ment rendered in the following cases, shal
be allowed:
lon judgments rendered against justice!
of the peace for refusing to pay over money
by them collected, or received in their off
ciul capacity.
2-On judgments against Justices for no
reporting annually to the auditor all fines, al
required by law.
Son any Judgment rendered nganst
constable for failing 10 make return, maxim!
false return, or refusing 10 pay over money
collected in his official capacity.
4-On judgments against bail for the stay
of execution. ..
5-Where judgment is rendered in ravo
Of bail who have been compelled by iudg
ment TO pay money on account of their prin
cipal
Con judgments obtained by constable
on undertaking executed TO Them for The de
livery of properly.
Sec. f59. If The execution issues hAfar
the undertaking for stay, or lha, required il
case or appeal be gwen, and such undena
king be given afterwards, and within IN
time allowed; the Justice shall recall the OK
ecuIion.
Sec. 100. Where any person who ha
become bail for stay OF execution, shall re
move before The expiration of such STAY
into any other county or State, The Juslic
shall, on demand, issue execution agans
the goods and chattels of the defendant. O
|, other party against whom the original iudg
, menI was rendered TO be proceeded with a
in other cases. .......
Sec. l6l. When any surety for the sta
, Of execution shall become apprehensive III
+ by delaying The execution until the full tim
ol such stay, he or she may be compelle
TO pay the judgment, it shall be lawful rc
$ such surety TO make and file affidavit of ,ht
I fact, before The Justice on whose docke, III
judgment is entered; whereupon such Jus
, lice shall issue execution against The iudo
Q ment debtor,Iwhich shall be proceeded in q
n in other cases: Provided such bail sha
=. not thereby be discharged from liability, bt
4 may be proceeded against aGor the expiru
} ton OF The term Of stay, in the same mar
ner as if execution had not issued as afort
said.
!, Sec. 162, If the judgmen, debtor sha
o within ten days after levying such execution
@ enter into farther undertaking for the sta
;. Of execution, during SO much OF the fir