Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1853-07-13

Judgment interests and costs, and costs that may
accrue !; which undertaking shall be entered on
} the docket OF the justice, and be signed by the
surety. : s'--. a....ae.. : ..,S - !.
Sec 1877. The stay of execution hereby au-
thorized: shall be graduated as follows, namely:
First: On any judgment for five dollars and
under, the stay shall be for sixty days.
Second: On any judgment exceeding five dol
lars, and under twenty dollars, the stay shall be
for ninety days. ~
Third: On any judgment for twenty dollars,
and under fifty dollars, the stay shall be for one
hundred and fifty days:
4 Fourth: On any Judgment for fifty dollars or
upwards, the stay shall be for two hundred and
forty days. ....
Fifth: Where Judgment is obtained against a
surety, and he takes stay thereon, and he OBJ
tains Judgment against the principal, stay of exc
cuton must be allowed on the Judgment against
the principal only so long that the stay will ex-
pire one month before that allowed to the sure
ty on the judgment against him.
Sec. 158. No stay of execution on judgment
rendered in the following cases shall be allow:
| 9-On judgments rendered against justices of
the peace for refusing to pay over money by
them collected or received in their official capac-
/ ity
2-On judgments against Justices for not re-
porting annually to the auditor all fines, as re-
quired 10y law.
3-On any judgment rendered against con-
stable for failing to make return, making false
return, refusing to pay over money collected in
his official capacity. -
4-On judgments against bail for the stay of
execution.
5-Where judgment is rendered in favor of
bail who have been compelled by Judgment to pay
money on account of their principal.
| Con judgments obtained by constables on
undertakings executed to them for the delivery of
property.
Sec. 159 If the execution issued before the
undertaking for stay, or that required in case of
appeal be given, and such undertaking be given
afterwards, and within the time allowed, the Jus
tice shall recall the execution.
| Sec. 16O. Where any person who has become
bail for stay of execution shall remove before the
expiration of such stay, into any other county or
State, the Justice shall, on demand, issue execu-
ton against the goods and chattes of the defend
ant, or other party against whom the original
| judgment was rendered to be proceeded with as
in other cases.
Sec 16l. When any surety for the stay ofex-
ecution shall become apprehensive that by de-
laying the execution until the expiration of the
full time of such stay, he she may be compell-
ed to pay the Judgment, it shall be lawful for such
surety to make and file affidavit of that fact, be-
fore the Justice whose docket the judgment is
entered; whereupon such Justice shall issue exc
cuton against the judgment debtor, which shall
be proceeded in in other cases: Provided such
bail shall not thereby be discharged from liability,
but may be proceeded against after the expiration
of the term of stay, in the same manner as if exc
cution had not issued as aforesaid.
Sec. 1852. If the judgment debtor shall with
in ten days after levying such execution, enter in
to farther undertaking for the stay of execution,
during so much of the first stay remains then
unexpired, and shall pay the costs of the execu-
ton issued against him, aforesaid, it shall be
the duty of the Justice to take such further un-
dertakng, and recall the execution; and the per-
son who last became surety, shall first be pro-
ceeded against, until it shall be appear, by the
turn of the constable, that he she has no goods
and chattles whereon to levy, before proceedings
shall be instituted the undertaking first given.
Sec. 1853. When any judgment shall be OBJ
tanned against any person who shall have entered
himself bail on the docket of any Justice of the
Peace, agreeably to the provisions of this act the
original Judgment shall remain good and valid in
law, for the use of such bail; who, at any time
thereafter may out execution, on such judg-
ment, against the goods and chattles of the de-
fendant, for the use of such ball. which shall be
endorsed by the Justice: and such bail shall
also 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. 164. At any time before the stay shall
expire, if the Justice akng the surety or his sue
cessor in Office, shall become satisfied that the
surety is insufficient it shall be his duty to cause
written notice thereof to be given to the defend
ant, or if he be absent that the same be left at
his residence. requiring him to give additional
surety. If such defendant shall not have given
such additional surety, by the third day after
the giving of such notice, and such fact shall be
entered on the docket, and he shall Immediately
issue execution against the defendant for the col
lection of the Judgment. If within ten days after
the issuing of such execution, surety to the sat
isfaction of the Justice be given, the execution
shall recalled and stayed until the expiration of
the original stay.
Sec. I65 The execution must be directed to
a constable of the county, and subscribed by the
Justice by whom the judgment rendered, or
by his successor in office, and must bear date the
day of it's delivery to the officer, to be executed
1t must intelgibly refer to the judgment by stat
ing the names of the parties and the name of the
Justice before whom, and of the county and town.
ship where, and the time when it was rendered,
the amount of the Judgment and if less than the
whole is due, the true amount due thereon. 1t
must require the constable substantially as fol-
lows: ........ ..
IF it be a case where the defendant cannot
be arrested, it 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 -.-..
EFF it be a case where any of the judgment
debtors are certified on the docket as surety, it
shall command that the money be made of the
personal property of the principal debtor, and for
want thereof, of the personal property of the SUI
rety In such cases, the personal property OF the
principal subject to execution within the jurisdic-
ton shall be exhausted before any of the property
of the bail shall be taken in execution.
3-If it be case where the defendant may be
arrested, in addition to the foregoing, it must di
rect the officer, if sufficient property of the de-
fendant subject to the execution cannot be found
to satisfy the Judgment, that he arrest the debtor
and commit him to the Jail of the county until he
pay the Judgment, or be discharged according to
law, unless the execution be accompanied by an