The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1853-07-14

judgment shall remsin good and Yalidiu
law, for the use of such bail; who. at any
time thereafter, may sue oot execution
on such Judgment, against the goods and
chalilss oflhe defendant, ,iorthe use ofsuch
bail, which shall be SO endorsed by the
Justice aud such bail shall also be en-,
titled to a transcript Of such Judgment
for his own use: which shall have the
came force and effect as transcripts in
other cases.
SEQ. l64. At any lime before the stay
shall expise, il the Justice taking the su.
rely, or his successor in Office, shall be.
come satisfied that the surety is INSULT.
cient, it shall be his duty to cause written
notice thereof 10 be given the defendant
or II he beabSent, that the same be left al
his residence, reqiring him to give add.
tional surety. If such defendant shall
not have given such additional surety ON
or by the third day after the giving ofsuch
notice, and such fact shall be entered on
the docket, and he shall mmedately issue
execution against the defendant for the
collection of The judgment II within ten
days after the issuing Of such execution,
surely TO the satisfaction Of the Justice
be given, the execution shall be recalled
and stayed until the expiration oft orig.
inal stay.
Sec. l65. The exection must be direc.
ted TO constable OF the county, and sub
scribed by the Justice by whom The iudg.
ment was rendered, or by his successor
in office, and must bear date the day of
its delivery to The officer. to be executed.
II must ihlelligibly refer 10 the judgment
by stating the names Of the parties and
the name Of the Justice before whom, and
of the county and township where, and
the time when it was rendered, the amount
of the judgment, and if less than the
whole is due, the true amout due thereon
1t must require the constable substantial.
ly as follows:
1-lf it be case where the defendant
cannot be arrested, it must direct the of.
ficer 10 collect the amount of The iudg.
ment out Of the personal property Of the
debtor, and pay the same TO the party
entitled thereto.
2--lf it be a case where any OF the
Judgment debtors are certified on the
docket as surety, il shall command that
the money be made Of the personal prop.
erty Of the principal debtor, and for want
thereof, OF the personal property of the
surety. In such cases, the personal prop.
erty Of the principal subject to execution
within the jurisdiction shall be exhausted
before any OF the property Of the bail
shall be taken in execution.
3-lf it be case where the defendant
may be arrested, in addition to the forepo.
ing, it must direct the officer, if sufficient
property Of the defendant subject 10 the
execution cannot be found 10 satisfy the
judgment, that he arrest the debtor and
commit him to the Jail The county until
hepay the Judgment or be discharged ac
cording 10 law, unless the execution be
accompanied by an order ofarrest, as pro.
vided in sections twenty.si and twenty.
seven.
Alt must in all cases direct the off
Ger TO make return Of the execution and {
a certificate thereon showing the manner {
in which he has executed the same, in
thirty days from tho time of his receipt
thereof
Sec, 1866 Upon an execution on a iudg. '
ment against joint debtors, upon one OF. a
more Of whom the summons was not serv. il
ed. execution must contain direction to !,
collect the amount out of the Joint prop. =
erty Of all the defendants, or the separate
Of the persons upon whom the n
summons was served, to be specified by
name. II such judgment be also such
that the defendants are subject 10 arrest >,
thereon, tho Justice must iurther specify v
Ihe name Of those defendants served with c'
The summons, who may be arrested for fc
want Of properly. ia
Sec. l67. A constable may ut his peril, n,
omit 10 arrest a debtor, or afior arrest, r.
Ioffer him TO go at large beiore.the return u :,
lay, subject enly TO his liability tor an o'
escape, or for omitlingl to arrest if he Tail yC
o have either the money OF the person OF
he debtor in custody al the thirty days.
Sec. 1868, 1t shall be lawful for The sher. b
4 or jailor, receiving any person lmpris- =
med on execution issued in any civil pro, rs
jeeding at any iinre when there is no "t
money in bis hands to pay for the sus. ale
enence Of such prisoner, to discharge ca
i'm from prison. The jailor may, how. n,
yer, detain such prisoner, the adverse -
ariy being liable for such sustenanco. 10
Sec. 100. The debtor oommited as tot
erein provided, may be held IN prison
~ days, and il he be person without
Imty, Tor which no provides, one day in On
ddiiion for every dollar over ten due on i
Ie execution, or il be have q family for Wv
hich he provides, one day in addition Jat
II every two dollass over twenty due on hui
10 execution. dis
Sec. 10. The affidavit Of an Imprisoned h,
sbtor, that he has family for which he III
Divides, specifying by namo, one OF more ,eS
irsons. members OF such family, and the boz
ace Of their resideee is sutIicien, evi. off
,nce thereof 10 autAolze has dhUaArgc A s.
the jailor. ~
SEC I'LL A constable is liable 10 the
lFty inwhose favor an execution is issued ~
him for the amount thereof In the iol.
wing cases; 0
l--Whero he suffers thiry days to last
spse without making true rsi1rnthere. rst
10 the Justice, and paying 10 him or ma
the party entitled, ibe money collected :, 80
sYeof by him. ~ a h1