Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1853-07-26
VOL. 5--N0. 20.

Sec. l72. When an execution shall be re.
turned ursalisfed for The want Of goods and
chatIes, the Justice shall, unless otherwise
directed by the party for whom The execu-
ZION issued. commence an action on the un-
derIaking Tor the stay Of execution, and so
soon as judgment is obained thereon shall
issue execution, end if such execution be
returned unsallsfied in whole or in part for
want Of goods and chatieIs OF The bail
whereon 10 levy, then The plaintiff may de.
mand and have execution on The original
Judgment for the amount remaining Gue.
Sec. l73. Where bail is given lur the
stay OF execution, and The defendant against
whom the Judgmen. was rendered shal die
before the same is satisfied, the CT editor may
proceed against the surety in the undertaking
in like manner as if execution had been is.
sued against the de fendun,, aud returned mol
satisfied for want Of goods aud chaltcIs where
on 10 levy.
nv SALE ON ExrcurfoH.1
Sec. ia. All properly taken in execution
under the provisions of This act, sha be ADJ
verIised for sale, AT four OF the most public
places within the township where such prep
erly was seized. at 'easl ten days previous to
The lime appointed for such sale which sale
shall be held between the hours Of ten
O'Clock, A. NJ, and four o'clock, P. NJ, At
Ihe house. or on The premises, where such
property was laken,o al one Of The most pub.
tic places within The township.
Sec. 175. 1t shall not be lawful for any
Justice OF The Peace who issued the execu.
lion, nor for the constable holding the exc.
cuon, 10 purchase either directly or indi.
rec'ly any property sold on such execution,
ANY Justice or constable who shall offsnd
against The provisions Of this section, shall
forfeit and pay, or every such offense, any
sum not exceeding one hundred dollars, nor
less than FIVE dollars; TO be recovered by
civil aclion, in the name of Tho Sale of
Ohio, before any Coun having jurisdiction
thereof, lor the use OF the township where
such offense was commiued; and shall
moreover be liable 10 the action of The party
injured thereby.
Sec. 176. When any caule or live stock
shall be taken in execution il shall be the
duty of the Justice who issued the execu:
lion, or olher Justice charged win the duty
OF collecting the judgmen, whereon such
execution issued - allow the constable, for
keeping Of the same, G reasonable compensa-
lion; 10 be taxed and co1ec,ed as olher COSTS
inlhe suit
Sec. 1T. When a constable shall levy
and call Unode nd cbott oil h eh,I
make ou, and annex 10 his return 10 The
execution, in virtue Of which such sale as
made, true inventory OF all such property,
and Of each article thereof, and The price al
which The same was sold; and for each anc
every neglect 10 return true and accurate
schedule or inventory Of pr opety sold, Of
remaining unsoli for wan, of bidders. o.
other jus, cause, and if sold. The price a
which the same was sold; each and every
constable gully Of such neglect, shall FOR.
felt and pay, on conviction thereof, AN sum
not exceeding one hundred dollars; TO be
recovered by action in name of the Stale o
Ohio, for the use OF the party injured there.
by, TO be prosecuted before any coun having
cognizance thereof.
Sec. 1873. When a constable shall have
levied on any goods and chauos which re-
} main unsold for want of bidders or other
just cause, il shall be his duty 10 return viii
The execution schedule OF all such good,
, and cha,tels And The Justice shall, unless
otherwise directed by The parry for whom
such execution issued, or his agent, mme.
: dalely thereafter, issue an order, thereby
! commanding any constable to whom tht
) same mny be directed or delivered, 10 ex
pose such property 10 sale; which sale, ant
the proceedings thereon, shall be the same
as if such property had been sold on the
, original execution,
Sec. 179. Any constable having levied or
goods and challels, of which he permits the
party against whom the execution issued 10
retain The possession, is heieby authorized
!. 10 take such security for his own indemnify
as he may require, that such properly shal
, be delivered al the time and place appoint
5 ed for The sale thereof.
Sec. 1870. In all cases where any lands
! may have been let, reservng rent in kind
and when the crops or embIemenIs CROWN,
/, or grown thereon, shall be levied on or al
r tached by virtue ofany execution, aiiachmeI
i. other process, against the landlord or ten
ant the interest OF such landlord or len
r ant, against whom such process was nc
n issued shall not be affected thereby bu
}. the same may be sold, subject 10 the CLAIM
+ or interest of ,he landlord or tenant agains
d whom such process did not issue.
o Sec. 28l. In cases where the consIabI
5 shall make il appear TO the satisfaction q
b The justice that he has been deprived G
e an opportunity of levying an execuIo
, within the time prescribed by this act, o
;. otherwise prevented from making The who'll
of the money therein required 10 be made
J.. and shall make return the Justice who is
sued The same TO that effect, such justice
= is hereby authorized and required TO ISSUE
, lurlher process Of execution, for the amour
or balance remaining unsaIiSfied; which
= shall be served and returned, in all respects
= as other executions are under this act.
4 ARTICLE XIII.
e OF coNsTABLEs AND THEIR DUTIES.
e Sec. 1872. Constables shall be- elected 70
Il IN