The Democratic sentinel. [volume] (Cadiz, Ohio) 1852-1853, 1853-07-20

county and township where, and the time
/ when ], vas rendered, the amount of the
Judgment and if less than the whole IL
due. tlls true amount dae thereon. Il must
require the epnstable subtendally as follows;
\ 1-F it be a case whore the defendant
cannot be arrested. il must direct the officer
to collect the amount of the judgment out OF
the personal property of the debtor, and
pay the same TO the party entitled thereto.
2-lfit be a case where any Of the judy
ment debtors are certified on the dnek-
ct as surety, it shall command that the
money be made of the personal proper
fty 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 10 execution
within the jurisdiction shall be exhaucted
before any Of the property of the bail shall
be taken in execution.
, S--I(it be q case where the defendan-
may be arrested, in addition to the forego,
ing, it must direct the officer, if suf
icient property of the defendant subject to
he execution cannot be found to satisfy the
! Judgment, that he arrest the debtor ami
commit him 10 the Jail of the county until
he uay the judgment, or be discharged ac-
eording 10 law, unless the execution be ac-
compnu,ed by an order OF arrest, as pro-
vidad in sections twenty.six aud twenty
seven.
, Att must in all cases direct the officer
to make return OF The execution and a Ger
/ tifcate thereon, showing the manner in
which he has executed the same, in thirty
day from the time of his receipt thereof
Sec. l65. Upon an, execution on judg-
: ment agains joint debtors, upon one or
more of whom the summons was not SEW
ed. the execution must contain a direction
S to collect the amount out Of the joint proper.
/. ty of all the defendants, on the separate
: property of persons upon whom the sum
I mons was served, to he specified by name.
Ii such Judgment be also such that the de-
: PENDANTS are subject to arrest thereon, the
: Justice must further specify the pames OF
those defendants served with the summons,
: who may be arrested for want of property.
0 Sec l67. \ constable may, at his peril,
omit 10 arrest debtor, or after arrest, SUI
fer him TO 30 at large before the return
: day, subject only to his liability for an
c escape. or for emitting to arrest ii he fail
/ to have either the money or the person Of
' the debtor in custody at the expiration OF
b the thirty days. m a......
: Sec. 1863. It shah be lawful for the sher-
if or iailor, receiving any person imprison-
: cd on execution issued in any civil pro-
| Geeding at any tine &hen there is no money
in his hands to pay for the sustenance ot
: uch prisoner, to discharge him from pris-
r On. Tho jAilor may, however, detaln such
+ prisoner, the adverse party being liable for
such sustenance.
+ Sec. 1863: The debtor committed as
herein provi ed, way be held in prison ten
= days, and ii he be a person without fam
. lily, for which he provides, one day in ad-
!. dition for every dollar over ten due on the
r execution, or if he have a family for which
he provides, one day in addition for every
two dollars over twenty due on the eXecu'
ton.
= Sec. no. The affidavit of an imprisoned
). debtor that he has family for which he
provides, specifying by name, one or more
persons, membeis of such family, and the
. DaceDot their residence, in sufficient evil
> 0enc thereof to authorize his discharge by
the jailor.
Sec. I'll. A constable is liable to the
4 party in whose favor an execution is issued
: to him for the amount thereof, in the follow
a ing cases:
Where he suffers thirty days tc
elapse without making true return there
Of to the Justice, and paying to him, or tc
- - the party entitled, the money collected
y thereon by him.
; 2--WheFe he willfully and carelessly
: omits to levy on property within thirty days
u or if the defendant be liable to be impris-
: oned, then to arrest and commit htm to the
jail Of the county within thirty days.
> Sec. 172. When an execution shall be
returned unsatisfed for the want of goods
Y and chaules, the Justice shall, unless 9TH
e erwise directed by the party for'whom the
: execution issued, commence an action On
+ the undertaking for the stay of execution,
!, and so soon as Judgment is obtained there
e on shall issue execution, and if such exc
: cution be returned unsatisfed in whole or
: in part for want of goods and chattles of
: the bail whereon to levy, then the plaintiff
! may demand and have execution on the
: original judgment for the amount remaining
due.
Sec. l73. Where bail is given for the
stay of execution, and the defendant against
whom the Judgment was rendered shall die
before the same is satisfied, the creditor
may proceed against the surety in the un-
, dertaking in like manner as if execution
7 had been issued against the defendant, and
t returned not satisfied for want Of goods and
chattles whereupon to levy.
Sale on Execution.
Sec. ia. All property taken in execu-
; ton nnder the provisions Of this act, shall
be advertised for sale, at four of the most
public places within the township where
such property was seized, at least ten daya
previous to the time appointed for such sale
which sale shall be held between the hours
Of ten o'clock, A. N and four O'Clock, P.
NJ, at the house, or on the premces,
where such property was taken, or at one
Of the mos. public places within the town
I ship. y
Sec. ITS. Itshallnot be lawful for any
! Justice of the Peace who issued the exc
cution nor for the constable holding the ex-
? ecution, to purchase either directlyor indi.
J rectly any property sold on such execution.
Any Justice or constable who shall offend
; against the provisions of this section shall
) forfeit and pay, for every such oifense,
I opv cum, pot avnaadino. oDa l,,n 4 IL