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

him, as aforesaid. il shall be The duly Of
The Justice to take such further undertaking
and recall The execution; and the person
who last becomes surely, shall first be pro.
[ceeded against, until il shall appear, by the
return Of the constable, that he or she has
no goods and chalels whereon TO levy, be.
fore proceedings shall be instituted on the
under taking first given.
Sec. 1863. When any judgmen, shall be
obtained against any person who shall have
entered himself bail on The docket Of any
Justice OF the Peace, agrceaby to The pro-
visions of This act, The original judgment
shall remain good and valid in law, for
such bail; who, at any time thereafter may
sue OUT execution, on such judgment, against
The goods and chauels Of The defendant, for
The use of such bail, which shall be so en-.
dorsed by the Justice, and such bail shall
also be entitled 10 lranscriptaof such
judgment, for his own use which shall
have the same force and effect as transcripts
in olner cases.
Sec. 1854 AT any time before ,he stay
shalt expire, if the Justice tnking the surely,
or his successor in office, shall become sat.
isfied that the surety is insufficient, il shall
be his duty TO cause written notice thereof
10 be given 10 the defendant, or If he be ab.
sent, that The same be left at his residence,
requiring him TO give additional surety, on
or by the third day after the giving Of such
notice, and such fact shall be entered on
the docket, and he shall Immediately issue
execution against the defendant for the col.
lection OF the judgment. If within ten
days alter the issuing of such execution,
surely 10 the satisfaction of The Justice be
given, the execution shall be recalled and
stayed until the expiration Of The original
stay.
Sec. 1865. The execution must be directed
10 constable Of The county, and subscribed
by the justice by whom The judgment was
rendered, or by his successor in office, and
must bear date the day Of lis delivery TO
that officer, 10 be executed. 1t must inlelli-
gibly refer to 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 lime when it was
rendered, the amount Of the judgment, and
if less than the whole is due, the true amour,
due thereon. 1t must require the constable
substantially as follows:
1-lf il be case where the defendant
cannot be arrested, it must direct the officer
10 collect The amount Of the judgment out
of the personal properIr Of the debtor, and
pay the same 10 The party entitled thereto.
elf il be Il case where any OF the
iudgmen, debtors are certified on the dock
Ell as surety, ii shall command that the
money be made of the personal proper.
ty Of the principal debtor, and for want
thereof Of The personal properly Of The sure
~. In such cases, the Porsonal property ol
The principal subject 10 execution within the
jurisdiction shall be exhausted before any o
the property Of the bail shall be taken in ex'
ecution.
3-Il il be q case where the de(endan
may be arrested, in addition TO the lore
going, i.must direct The officer, if suffic1n
properly Of the delendan, cannot be found
10 satisfy the judgment, that he arres, the
debtor and commit him to the Jail OF the
county until he pay the judgment, or bt
discharged according 10 law, unless lh'
execution be accompanied by an order o
arrest, as proyidey in sections wen.y.siI
and t"enlv-seven.
Al, must in all cases direct the officer II
make return of The execution and Ger
lifcule thereon showing the manner in whicl
he has executed The same, in thirty day
from the Time of his receipt thereof.
Sec. 1865. Upon an execution on judg
ment against joint debtors, upon one o
more Of whom the summons was not served
The execution mus, contain direction 10 col
loct the amount out Of The joint proper.
Of all the defendants, or the separate prop
eny of the persons upon whom the sum
mons was served, TO be specified by name
If such judgment be also such that hi
defendants are subject 10 arrest thereon
The Justice must further specify the name
Of those defendants served with The sum
mons, who may be arrested for want
property.
Sec. 1877. A constable may, ut his peri
omit to arres, debtor, or after arrest, SUITE
him TO 60 al large before the return day, sui
ice, only TO his liability for an escape, or fc
omitling TO arrest if he fail 10 have ci'he
the money or the person Of the debtor i
custody at The expiration of the thirty day
Sec. 1863. 1t shall be Lawful for the sheri
or jailor, receiving any peison imprisone
on execution issued in any civil pro ceedln
al any time when there is no money in h
hands to pay for The susIennnce ol sue
prisoner,to discharge him from prison. Th
iailor may, however, deIain such prisoner
The adverse parry being liable for such su'
lenance.
Sec. 1863. The debtor committed as here
in provided, may be held in prison ten day
and if he be person without family, td
which he provides, one day in addition ic
every dollar over ten due on the execution
or if he have a family fol. which he provides
one day in addition for every Two dollar
over twenty due on the execution.
sec. ITO. The affidavit of On imprisone
debtor, that he has family for which h
provides, specifying by name one or NOR
persons. members Of such family, and III
place of their residence, is sufficient evidenC
thereof 10 authorize his discharge by III
iailor.
Sec. III. A constable is liable 10 th
party in whose favor an execution is issue
10 hi n for the amount thereof, in tho follow
ing cases:
Where he suffers thirty days to elap'
wilhou, making true return thereof TO III
Jus,ica and nnvinp 10 him, or 10 the part