The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-07-01


and mike the amount Of such judgment, cannot b
Sec. 1853. II any justice shall issue a writ to re
povin property, MS Is provided by this article, with
out the affidavit being made and Il ed In bis Office
Is provided in section one hundred and forty. III
same shall be sci inside at his costs and he shall b.
liable In damages to the party injured.
ARTICLE XII.
xecution-Return-Sta OF Execution-No
tce of Sale-Delivery-U Undertaking.
Sec. l5i Execution for the enforcement Of
judgment before justice oi the pence except whe
1t has been tukcn 70 the common pleas error. u
appeal, Or dOCkoed therein. or during the time
may be stayed, provided by this act.) may issu
by the justice before whom the judgment render
ed or by hls successor In Office, the application
The party entitled thereto, Mt any time within iiv
years from the entry Of the Judgment, or the date
the last execution issued thereon
Sec lj1 IL shall be the duty OF the justice, IL ht
case be not appealed, taken up error docketed IL
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 with
out denasd, aud proceed to collect the Judgment
unless otherw Sc directed by the judgment creditor.
sec l33s Any person against whom judgmen
may ne rendered under the provisions VI this act,
cep' as hereinafter excepted, may have stny of exe
cuuon Tor the several periods hereinafter mentions
ed, by entering into an undertaking to the ad.
verse party, within ten days after the rendition o
such Judgment, with good and sufficient surety, resi-
dent OF the county the justice shall approve, con.
dioned for the pay mrnt OF the amount OF such judg
S; alu c4s's' ul'u ISIS I,l' may aGclue
Wicn uilderlaSlng snail pe entered on the docket o
! the Justice, and be signed by the surety.
! Sec. l57. The stay Of execution hereby authoriz.
I ed. shall be graduated as follows, namely:
rIsti Oh any judgment ,oI hNe oohars anu uhoer
| the stay shall be for sixty days.
Seconu. on any ,Jqugmeht eAceeGing iVe uoilars
a'u u"ucI t"ehy uohuIs INC s'ay ohu" oe 'of hlney
DAYS. 49,, III
hiru; vi my JuasHchl l3r ,twchy uolinrS' hha
I , NV. uoiu's' 'c S'"y s'a W 'o' o"e huhu'cu
"''I G MY uIys 1 i,I-,...,, &C., se,, lou
Npurtil oh n'y Jmug'hch' iof my uoii"rs OF up
Mmus' 'i'c s'ay small DC 'or '"o h"hufeu ohu forV
u"Ewscc, ,.
ilI' EeIe JuueIlle't Is oo'uinlu hgnin:. sure
W, anu ne lakes stay lnfreo, ulu ne oo,als Juug
heHt uSa,nst Tue prhclpn stay Oh execution must
pe allowed on te Judgment against the principal on
so 4ng thal 'ne sthy VIII expire one hlorlh before
,lt uilo"eu u the surety oh 'ile JuugieN against
mn, H. ,.o N..,ooro,,,,,;o, -, ;,,l,.,ou.. ..
sec lo5' no s'ay OF eNecution on judgments rem
deTed IN tle following cases shnli DC allowed
!. oh Judgments rendered against Jushrcs oi the
PeucG ioi re,usilP 10 pay ofcI money ny uoih COL
'evea vi . ieIel'eu III ..itir o'nciui c"pncIy.
& vi Judgments nsui,'S, l'stces iol nov i'lorung
ann Gay 10 .ne auditor ai !lnes, as feqreu oy iaw
fiI;n an! rnr rnh ;, aaIs r", m r rol
G,;nt y, ~ @ n,,ar n,nnnu cnliss,ad in Iis oIEn;I n
noritv F"'
a. On judgments against bail for the stay OF execu.
tiun
5. Where judgment Is rendered in favor of bail
who have been compelled by judgment ID pay money
on account OF their principal.
.: ohJuugmenls op'aihcu ny constitutes on under
innings eAecuea u 'iich ior u'e uci'e'y VI proper
'Soc 40 Ir,ho oxo,r,;,r ;,sr.d hoc,ro tho nm.
tok;na for s,,v or I'm, rennrrd in ease ofonne,i h
given, and such undertaking be given afterwards,
and within the time allowed the justice shall recall
the execution.
W AM u lpcpnp
stay OF execution shall remove b,ore the ra;ion
OF such stay, mo any oner county or o'alo tni jug
uce S'a,i, oil ueIl'l9 ISSUE eAgcu.'' "g ms. tIe
oo;ns, ,"bn,n ,bn or;r;noi ;ndmnn, ,v,s rendcraJ
IN be nrocerded with as in other cases
Sec. l6l When any surety for the stay of exc.
cu,ion shall become upprehersive that by delaying
the execution until the expiration of the null time Of
such stay. he or she may be compelled to pay the
Judgment II shall be lawful Tor SUCH surety To make
ana ME ahdaVli ot 'int iact before IN; justice on
uochcL t''G ;s M
@ s,,.t IL L nooiI S ,G
cases Proyiacd smc hn sbn M, tberehv he dis. d;s
CHARGED from linbiIitv hnt NAV he nroceeded against
after the eypirotion of the term of stay in the same
manner ms if execution had not issued rs aforesaid
Sec 1862 If the judgment debtor shall with.
in ten days after levy ing such execution, enter
into farther undertaking for the stay of execu-
ton, during so much of the first stay as remains
then unexpired, and shall pay the costs Of the
execution issued against him, as aforesaid, ii
shall 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 it shall appear, by the
return of the constable, that he or she has no
goods and chattlcs whercon to levy, before pro.
oeedngs shall be instituted on the undertaking
first given.
Sec l63. When any judgment shall be OBJ.
taincd against any person who shall have entered
himself bail on the docket of any justice of the
peace, ugreeably to the provisions Of this act the
original Judgment shall remain good and valid
in law, for the use of such bail; who, al any time
thereafter, may sue ont execution, on such udg.
ment, against the goods and chattcs of the de.
fcnda nj, Tor the use OF such bail, which shall be
so endorsed by the Justice: and such bail sl:all
n so be entitled TO transcript of such Judgment,
for his own use which shall have the same force
and effect as transcripts in other cases.
Sec. IG4. At any time before the stay shall
expire, if the Justice taking the surety, or his
successor in Office shall bccome satisfied that
the surety is insufficient, il sha be his duty to
cause written notice thereof to he given to the
defendant, or if he be absent, that the same be
left ut his residence, requiring him to give addi-
tional surety. IL such defendant shall not have
given such additional surety, on or by the third
day after the giving of such notice; such fact