The Kalida venture. [volume] (Kalida, Ohio) 1841-1865, 1853-07-29
Ia w S OF OHIO.
runErsMED ny AUTMOmTTx.
fNo. 1871
No. l5.]
AN ACT Of Jurisdiction and Procedure
before Justices Of the Peace, and Of
the duties Of Consiables in Civil Cases.
(Concluded)

SALE ON EXECUTION.
Sec ia. All property taken ia execu.
sion under the provision Of this aci, shall
b. advertised for sale, Al four OF the
most public places within the township
whore such property was seized, at leasi
ten days previous 10 the time appointed
for such sale, which sale shall be held
between the hours Of ten o'clock, A. NJ.
and four o'clock, P. M, al the house, or
on The premises, where such property
was taken, or at one Of tho most public
places within the township.
Sec. l75. II shall moi be lawful for
any justice Of the peace who issued the
execution, nor for the constable holding
ihrexeculiou, TO purchase either directly
OF indirectly, any property sold on such
execution. And any justice or constable
who shall offend against the provisions Of
this section, shall forfeit and pay, for
everY such offense, any sum not exceed
ing one hundred dollars, nor less than
Ave dollars; TO be recovered by civil
action, in tho nsme Of the State Of Ohio,
before any court having jurisdiction there
Of, for the use of the township where
such ofFsnse was committed, and shall
moreover be liable to the action Of the
party injured thereby.
Sec. l76. When any cattle or other
live stock shall be taken in execution, il
shall be the duty Of The justice who
issued the execution, OF other justice
charged wiihthe duty Of collecting the
judgment, whereon such execution is>
sued, to allow the constable, for keeping
Of the same, reasonable compensation;
10 be taxed and collected as other costs
10 the suit.
Sec. 1T. when constable shall
levy on and sell any gosds and chaiiels
he shall make out and TO bis return
10 tho execution, in yiEiuc Of which such
sale was made, true inventory Of all
such property, and Of each article thereof,
and the price at which the same was
sold; and for each and every neglect 10
return a irue and accurate schedule or
inventory Of property sold, or remaining
unsold for want Of bidders, or other just
cause, and if sold, the price al which the
same was sold: each and every constable
guilty Of such neglect, shall forfeit and
pay, on conviction thereof any sum moi
exceeding one hundred dollars; 10 be
recovered By action in the name
Of the State OF Ohio, for the use Of the
psriy injured thereby, 10 be prosecuted
before any court having cognizance
thereof.
Sec. l76. Where 4 constable shall
have levied on any goods and chatlels
which remain unsold for want Of bidders,
OF other just caure, il shall be his duty 10
return with the execution schedule OF
oil such goods and chauels. And the
justice shall, unless otherwise directed BY
The party ior whom such execution is.
sued, or bis agent, Immediately there's
after, issue an order, thereby commands
ing any constable to whom the same may
be directed OF delivered, to expose such
properly 10 sale; which sale, and the
proceedings thereon, shall be the same
as if such property had been sold in the
original execution.
Sec. ITO. Any constable having
levied on goods and chattels, Of which
he permits the party against whom the
execution issued TO retain the possession,
is hereby authorized to take such security
tor his own indemnity as he may require,
that such property shall be delivered al
the Tins and place appointed for the sale
thereof.
Sec. $50. In all casss where any
lands may have,sbeen let, reserving rent
in kind, and when the crops or emble- !
ments growing or grown thereon, shall
be levied on or attached, by virtue Of any !.
execution, attachment, OF other process, !.
sgains. the landlord OF tenant, the interest
Of such landlord or tenan. against whom
such process MAS not issued, shall moi be J.
affected thereby: but the same may be /.
aold, subjec, 10 the claim or in,ereB, Of
the landlord or tenant sgains. whom such :
process did moi issue.
Sec. 1871. In cases where the
constable shall make il appear to the
sssisfactien Of the justice, that he has
been deprived Of an opportunity Of levy, !
ing an execution within the time pres ,
scribed by this act, or otherwise pres
vented flOm making the whole Of the
money therein required 10 be made; and
shall make return 10 tho justice who is>
sued the same to that effect, such justice
ID hereby authorized and required 10 issue
further process Of execution, for the
amount Of balance remaining unsaiisfed;
which shall be served and returned, in
all respects, as other executions are
under this act.
ARTICLE XIII. K
f1f fnn st<yhl,o ...,,y t1o:.. xls,,s1a IL