The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1853-07-14
NUMBER 16.
injured.
ARTICLE XII
ExEcUTION.-RETURN-sTAY OF EN-.
ECUTTON--NOTICE OF sALE..DE:
LIVERY:.UNDERTAKING.

1850 " = AAVNs~hEA bHS~STAY OF Els
ECUTION--NOTICE OF sALE.sDEs
LIVERy..UNDERTAKING.
SIC. 154. Execution for the enforce
ment OF judgment before Justice of
the Peace Except when il has been taken
TO The common Pleas on error, or appeal;
or dockeled therein. or during The time
II may be stayed, as provided by this act,
may issue by the Justice before whom the
Judgment was rendered. or by his sue.
cesEor In office. on the application of the
party entitled thereto. at any time within
ilve years from the entry of the judgment.
or the date OF the last execution issued
thereon.
SEC. 1866. 1t shall be the duty of the
justice, II the case be not appealed, taken
up on error, docketed in the common
pleas. or bail has not been given for the
/ stay OF execution at the expiration of ten
days from the entry of judgment. 10 issue
execution without demand. and proceed
TO collect the judgment, unless Otherwise
directed by the judgment creditor.
SEC. 1856. Any person against whom
Judgment may be rendered under the pro.
visions OF this act, except as hereinafter
excepted may have stay of execution for
the several periods hereinafter mentioned.
by entering into an undertaking to the ad.
verse Perty. within ten days after the rem
dltIon OF such judgment, with good and
sufficient surety, resident of the county,
as the justice shall approve, conditioned
Tor the payment of the amount Of such
Judgment, interest and costs, that NAV
accrue; which undertaking shall be en-:
tered on the docket Of the Justice, and be-
sighed by the surety.
SEC. 81. The stay Of execution hereby
authorized, shall be graduated as follows,
namely:
First; On any judgment for five DOL
lars and under, the stay shall be for sixty
days.
Second: On any judgment exceeding
hve dollars, and under twenty dollars, the
stay shall be for ninety days.
Third: On any judgment for twenty
dollars, the stay shall be for one hundred
and fifty days.
Fourth: On any judgment for fifty DOL
lars or upwards, the stay shall be for two
hundred and forty days.
Fifth: Where judgment is obtained
against surety, and he takes stay there
on, and he obtains judgment against tho
principal, stay of execution must be al.
lowed on the judgment against the prin-
cipal only so long that the stay will expire
one month before that allowed To the sure
ty on the judgment against him.
SEC. 1853. No stay oi execution on iudg
mentrendered in the following cases, shall
be allowed:
1-0n judgments rendered against JUS
tees of the peace for refusing to pay over
money by them collected, or received in
their official capacity.
9-On judgments against Justices for
not reporting annually to the auditor all
fines, as required by law
3-0n any judgment rendered against
constable for failing to make return, ma
king false return, or refusing to pay
over money collected in his official ca
pacity.
4-0n judgments against bail for the
stay of execution.
6Where judgment is rendered in ia
vor of bail who have been compelled by
Judgment to pay money on account of ftheir
principal.
6-On judgments obtained by consta.
bles on undertakings executed to them
for the delivery of property.
SEC. l59. If the execution issued be.
fore the undertaking for stay, or that re-
quired in case of appeal be given, and
such undertaking be given afterwards,
and within the time allowed, the Justice
shall recall the execution.
SEC. 100. Where any person who has
become bail for stay of execution, shall
remove before the experation of such
stay, into any other county or State, the
Justice shall, on demand, issue execution
against the goods and chaites of the de-
tendant, or other party against whom the
original judgment was rendered to be
proceeded with as in other cases.
SEC. 161. When any surety for the
stay of execution shall become apprehen,
sive that by delaying the execution until
The expiration Of the full time of such stay,
ne or she may be compelled 10 pay tha
judgment. il shall be lawful for such sure.
ty TO make and file affidavit of that fact,
before the Justice on whose docket the
Judgment is entered; whereupon such JUS
lice shall issue execution against the judg.
ment debtor, which shall be proceeded in
as in other cases: Provided, such bail
shall not thereby be dicharged from La
bility, but may be proceeded against after
the expiration of the term of stay. in the
same manner as If execution had not
issued as aforesaid.
SEC. 1862. If the judgment debtor shall
within ten days after levyng such execu.
lion. enter into farther undertaking for
the stay OF execution, during so much of
the first stay as remains then unexpected.
and shall pay the costs Of the execution
issued against him, as Aforesaid, it shall
be the duty Of the Justice TO take such
further undertaking, and recaIltbe execu.
lion; and The person who last became
surety. shall first be proceeded against,
until i shall appear, by the return Of the
constable, that he or she has no goods aud
chattles whereon to levy, before proceed
ings shall be instituted on the uhdqafs
! king FIRST giyen,