Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1853-07-14

Judgment 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.
Sec. 159 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 expiration of such
stay, into any other county or State, the
justice shall, on demand, issue execution
against the goods and chattels of the de-
fendant, 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 appre-
hensive that by delaying the execution
until the expiration of the full time of
such stay, he or she may be compelled to
pay the Judgment, 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; where
upon, such justice shall issue execution
against the judgment debtor, which shall
be proceeded in as in other cases: Pro
vided, such bail shall not thereby be dis
charged from liability, but may be pro-
ceeded 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 levying such
execution, enter into farther underta-
king for the stay of execution, during so
much of the first stay as remains then
unexPired, and shall pay the costs of the
execution issued against him, as afore-
said, it shall be the duty of the justice to
take such further undertaking, and re-
call the execution; and the person who
last became surety, shall first be pro-
ceeded against, until it shall appear, by
the return of the constable, that he or
she has no goods and ehattels whereon
to levy, before proceedings shall be in
stituted on the undertaking first given.
Sec. 163. When any judgment shall
be obtained 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 sue out execu-
ton, on such judgment, against the
goods and chattels of the defendant, for
the use of such bail, which shall be so
endorsed by the justice: and such bail
shall also be entitled to a 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 taking the
surety, or his successor in Office, shall
become satisfied that the surety is insult
ficient, it shall be his duty to cause writ
ten notice thereof to be given to the de-
fendant, or if he be absent, that the same
be left at his residence, requiring him to
give additional surety. If such defend
ant shall not have given such additional
surety, on or by the third day after the
giving of such notice, such fact shall be
entered on the docket, and he shall i'm
mediately issue execution against the de-
fendant for the collection of the judg-
ment. If within ten days after the is
suing of such execution, surety to the
satisfaction of the justice be given, the
execution shall be recalled and stayed
until the expiration of the original stay.
Sec 165. The execution must be di
rected to a constable of the county, and
subscribed by the justice by whom the
judgment was rendered, or by his sue
cessor in office, and must bear date the
day of its delivery to the officer, to be ex-
ecuted. 1t must intelligibly refer to the
Judgment by stating the names of the
parties and the name of the justice be-
fore 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 re-
quire the constable substantially as fol-
lows:
/. fit be a case where the defendant
cannot be arrested, it must direct the Of
fcer to collect the amount Of the judg-
ment out of the personal property of the
debtor, and pay the same to the party
entitled thereto.
2. If it be 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 pro-
perty of the principal debtor, and for
want thereof, of the personal property of
the surety. In such cases, the personal
property of the principal subject to ex-
ecution within the Jurisdiction shall be
exhausted before any Of the property of
the bail shall be taken in execution.
8. If it be case where the defendant
may be arrested, in addition to the fore
going, it must direct the officer, if sufh-
cient property of the defendant subject
to the execution cannot be found TO satls-
fy the Judgment, that he arrest the debt
or 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 order OF
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