Spirit of the times. [volume] (Ironton, Ohio) 1853-1858, 1853-08-02

proceeded sgainst, until il shalt sppea
BY the return Of ITO constable that h
VI she has no goods or chattcls whereo
{. 10 levy, before proceeding shall be in
s,itutcd on the undertaking first giver
Sec. lsS. When Ony judgment be Oh
tained against my person who shai
have entered himself bail on tho doche
of any justice Of The peace, ngrccabI
10 the provisions Of this act, the orisina
Judgment shall remain good and vail
in law, for the use Of such bail; who
at any time hereafter, may sne on, nj
xecution, on such judgment, agains
,he goods and chaitles Of The defendant
for the uso such tail, which shall be 50
endorsed by the justice; and such bal
shall also be entitled 10 q transcript ,t
such judgment, for his own use; whicl
thall hnve tho same force and effect a,
transcripts in other cases.
Sec. l04. AT any time before tbs stay
shall expire, if the justice taking the
surely, or his successor in Office, shall
be satisfied that the surety is insufficient,
it shalt be his duty 10 cause written no.
,ice thereof to be given 10 the defendants
orif he be absent. that the same be left at
bis resistance, requiring him to given su.
Ch additional surely, on OF. by the third
day after the giving Of scuh notice, such
notice, such facts shall dc entered on
the docket, and he shall Immediately is.
sue execution against the defendant for
The collection Of the judgment. If with.
IN ten days a(lhor the issnng Of such cx.
ecution, surety to the satisfaction Of The
justice be given, the execution shall be
recalled and stayed until the expiration
ofthe original stay.
Sec. 1856. The execution must be di.
rected to constable Of the county, and
subscribed by the justice by whom the
judgment was rendered, or by his sue.
ccssor IN Office, AMI must bear date the
day Of its delivery to the officer, TO be
executed. 1t must inleigibly refer to
the judgment by stating the ma ne OF par.
ties and the name Of the justice before
whom, and Of the county and town.
ship where, and the time when it was rem.
dercd. the amount Of the ejudsmcrt, and
If less than the wEoe is due, the true
amount thereon. 1t must require the
constable substantially as follows:
l. II it be case where the defendant
cannot be arrested it must direct the OF.
hcer to collect the amount Of the judg.
mcnt out Of the personal property OF the
debtor, and pay the same 10 the party
entitled thereto.
2. If it be case where any Of the judg.
nent debtors arc certified on the dock.
ct as surety, it shall command that the
money be made Of the personal proper.
Of the principle debtor, and for want
thereof, Of the personal property Of the
surety In such cases, the personal property OF the
principal subject to execution shall be
exhausted before any Of the property Of
he bail shall be taken in execution.
8. IL it be case where the defend.
int may be arrested, in addition to the
eregoing, it mus, direct the officer, if
sufficient property Of the defendant sub.
ect to the execution cannot be found
% satisfy the jud; mcnt. tha, he arres,
he debtor and commit him TO the Jail Of
he county until he pay the judgment, or
,e discharged according to law, unless
he execution be accompanied by an
'rder Of arrest, as provided in sections
wenty.sx and twenty.sevcn.
4. 1t must in all cases direct the off.
.er to make return Of the uexcction
md certificate thereon, showing the
manner in which he has executed the
anne, in thirty days from the time o!his
cceipt thereof.
Sec. l66. Upon an execution on a
udgmen; against joint debtors. upon
me or wore Of whom the summons was
lot served. the execution must contain
direction to collect the amount out
IT the joint property Of all the defendants,
Y the separate property o. ii } persons up
IN whom the summons was served, to be
peci6ed by name. If such jud gment
e also such that the defendants are sub.
sct to arrest thereon, the Justice must
urther specify the names Of those defend.
lnts served with the summons, who may
'e arrested for want OF property.
Sec. 1871. A constable may OF his
'eril omit TO arres, debtor, or after ar.
est, or after arrest, suffer him to 60 a
arge before the return day, subject only
his liability for an escape, or for omit.
ing to arrest it he fail 10 have either the
money or tho person of the debtor in
ustody at the expiration of the 80 days.
Sec. l6s. 1t shall be lawful for the
herit or jailor receiving any person
imprisoned on execution issued in any
ivil proceeding at any time when there
no money in his hands to pay for the
ust ,nance Of such prisoner, to discharge
i'm from prison. The jaiIor may, how.
ver. detain such prisoner, the adverse
'arty being liable for such sustenaace.
Sec. l60. The debtor committed as
'erein provided, may he held in prison
en- days, and if he be person without
family, for which he provides, one day
n addition for every dollar over ten due
IN the execution, or he have family
or which he provides, one day in aldi
ion for every two dollars over twenty
ue on the execution.
Sec. l70. The alIilavi: Of an impris.
med debtor, that he has a family for
rhich he provides. specifying by name,
me or more persons, members Of such
ain!ly. and the place Of their residence
) 81 fficie It evidence thereof to author.
aa his d;sc h roo hv III. ;,;lor