The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1853-07-13
LA W S OF OHIO:
PUBLISHED BY AUTHORITY.

| bx AUIHOHIIY,
AN ACT
Of the Jurisdiction and Procedure before
Justices of the Peace, and of the Duties
OF Constables in Civil Cases.
| CONCLUDED.
ARTICLE XII.
xEcUTIoN--RETURN-sTA OF EXECUTION =
NOTICE OF SALE-DELIvERY-UND
ING.
154. Execution for the enforcement
of judgment before a justice of the peace
except when it has been taken to the com.
mon pleas on error, or appeal. or dock
eted therein, or during the time it may be
stayed, as provided by this act, may is.
sue by the justice before whom the judg-
ment was rendered. or by his successor in
office, on the application of the party en-
titled thereto, at any time within five years
from the entry Of the judgment, or the date
Of the last execution issued thereon.
155. 1t shall be the duty of the JUS
tice, il the case be not appealed, taken up
on error, docke:ed 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 the judgment. TO issue
execution without demand, and proceed
to collect the judgment, unless otherwise
directed by the judgment creditor.
; 156. Any person against whom judg-
ment may be rendered under the provi-
sions of this act, except as herein after ex-
cepted, may have stay Of execution for the
several periods hereinafter mentioned, by
entering into an undertaking to the adverse
party, within ten days after the rendition
of such judgment, with good and sufficient
surety, resident of the county. as the JUS
tice shall approve, conditioned for the pay
ment of the amount OF such judgment, in
terest and costs, and costs that may ac-
crue; which undertaking shall be entered
on the docket of the justice, and be signed
by the surety.
1877 The stay Of execution hereby
authorized, shall be graduated as follows,
namely:
First: On any judgment for five dollars
and under, the stay shall be for sixty
davs.
Second: On any Judgment exceeding
five dollars. and under twenty dollars, the
stay shall be for ninety days.
Third: On any judgment for twenty dol
lars, and under fifty 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 a
gainst surety, and he takes stay there
on, and he obtains judgment against the
principal. stay Of execution must be allow
ed on the judgment against the principal
only so long that the stay will expire one
month before that allowed to the surety on
the judgment against him.
; 1853. No stay of execution on judg-
ments rendered in the following cases,
shall be allowed:
l.. On judgments rendered against JUS
tees of the peace for refusing to pay over
their official capacity.
2. On judgments against justices for moi
reporting annually TO the Auditor all fines.
as required by law.
g. On any judgment rendered against
constable for failing to make return.
making false return, or refusing to pay
over money collected in his official capa-
city.
4. On judgments against bail for the
stay of execution.
5. Where judgment is rendered in favor
of bail who have been compelled by judg-
ment TO pay money on account OF their
principal
6. On judgments obtained by consta-
bles on undertakings executed to them for
the delivery of property.
l59. II the execution issued before
the undertaking for stay, or that required
in case of appeal be given. and such un-
dertaking be given afterwards. and within
the time allowed. the justice shall recall
the execution.
l6O. Where any person who has be-
come bail for stay Of execution, shall re-
move before the expiration of such stay.
into any other county or State. the justice
shall, on demand, issue execution against
the goods and chattels of the defendant
or other party against whom the original
Judgment was rendered, TO be proceeded
with as in other cases.
| 161. When any surety for the stay
of execution shall become apprehensive
that by delaying the execution until the
expiration Of the full time of such stay. he
or she may be compelled to pay the judg.
ment, it shall be lawful for such surety to
make and file affidavit of that fact, before
the justice on whose docket the judgment
is entered; whereupon, such justice shall
issue execution against the judgment debt
or. which shall be proceeded in as in Other
cases: Provided, such bail shall not there
by be discharged from liability, bu
may be proceeded against after the expi
ration of the term of stay. in the same
manner as if execution had not issued a.
aforesaid.
| 162. If the judgment debtor shall
within ten days after levying such execu
ton, enter into farther undertaking TO
the stay of execution, during so much o
the first stay as remains then unexPired
{ and shall pay the costs of the execution
issued against him, as aforesaid. it sha'
be the duty of the justice to take such fur
ther undertaking, and recall the execution
and the person who last became surety
shall first be proceeded against, until
shall appear, by the return of the consta
BILE. that he or she has no goods and chat