Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1853-07-14
Number 33.

Sec. 166. Upon an execution ON a
Judgment against joint debtors, upon one
or more of whom the summons was not
served, the execution must contain di-
rection to collect the amount out of the
Joint property of all the defendants, or
the separate property of the persons up
on whom the summons was served, to
be specified by name. Ifsuch judgment
be also such that the defendants are sub
ject to arrest thereon, the justice must
further specify the names of those de-
PENDANTS served with the summons, who
may be arrested for want of property.
Sec. 167. A constable may, at his
peril, omit to arrest a debtor, or after ar
rest, suffer him to go at large before the
return day, subject only to his liability
for an escape, or for emitting to arrest if
he fail to have either the money or the
person of the debtor in custody at the ex-
piration of the thirty days.
Sec. 1853. 1t shall be lawful for the
sheriff or jailor, receiving any person
imprisoned on execution issued in any
civil proceeding at any time when there
is no money in his hands to pay for the
sustenance Of such prisoner, to discharge
him from prison. The jailor may, how
ever, detain such prisoner, the adverse
party being liable for such sustenance.
Sec. 1863. The debtor committed as
herein provided, may be held in prison
ten days, and if he be person without
family, for which he provides, one day
in addition for every dollar over ten due
on the execution, or if he have a family
for which he provides, one day in addi-
ton for every two dollars over twenty
due on the execution.
Sec. 40. The affidavit of an impris-
oned debtor, that he has a family for
which he provides, specifying by name,
one or more persons, members of such
family, and the place of their residence,
is sufficient evidence thereof to author
ize his discharge by the jailor.
Sec. III. A constable is liable to the
party in whose favor an execution issued
to him for the amount thereof, in the fol-
lowing cases:
1. Where he suffers thirty days to
elapse without making a true return
thereof to the justice, and paying to HIM,
or to the party entitled, the money col
leeted thereon by him.
2. Where he wilfully and carelessly
omits to levy on property within thirty
days, or if the defendant be liable to be
imprisoned, then to arrest and commit
him to the Jail ofthe county within thirty
days.
Sec. 17S. When an execution shall be
returned unsatis6ed for the want of
goods and chattels, the justice shall, un-
less otherwise directed by the party for
whom the execution issued, commence
an action on the undertaking for the
stay of execution, and so soon as judg-
ment is obtained thereon shall issue exc
cution, and if such execution be returned
unsatisfed in whole or in part for want
of goods and chattels of the bail where
on to levy, then the plaintiff may de-
mand and have execution on the origi-
nal Judgment for the amount remaining
due.
Sec. 173. Where bail is given for the
stay of execution, and the defendant
against whom the judgment was rem
dered shall die before the same is salts
fed, the creditor may proceed against
the surety in the undertaking 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.