The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1853-07-13

shall remain good and valid in law. for the
use Of such bail; who, at any time there
after, may sue out execution, 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.
| 1854. At any time before the stay
shall expire, if the justice taking the sure
ty. or his successor 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 defendant. or if
he be absent, that the same be left at his
residence, requiring him to give addition
al surety. If such defendant 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 Immediately issue ex-
ecution against the defendant for the col
lection of the judgment. If within ten
days after the issuing 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.
; l65. The execution must be directed
to constable of the county, and subscribed
by the justice by whom the judgment was
rendered, or by his successor in office, and
must bear date the day Of its delivery to
the officer, to be executed. 1t must intel
ligibly refer to the judgment by stating the
names of the parties and the name of the
Justice before whom, and Of the county
and township where. and the time when
it was rendered, the amount of the judg-
ment. and if less than the whole is due.
the true amount due thereon. 1t must re-
quire the constable substantially as fol-
lows:
1. If it be a case where the defendant
cannot be arrested, it must direct the Off
Ger to collect the amount OF the judgment
out of the personal property of the debtor.
and pay the same to the party entitled
thereto
2. Is it be case where any OF the judg-
ment 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 surety. In
such cases. the personal property of the
principle subject TO execution within the
jurisdiction shall be exhausted before any
of the property Of the bail shall be taken
in execution,
8. If it be a case where the defendant
may be arrested. in addition to the forego
ing, it must direct the officer, if sufficient
property of the defendant 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 ac-
cording to law, unless the execution be
accompanied by an order of arrest, as
provided in sections twenty-six and TWEEN
ty-seven.
4. Ii must in all cases direct the officer
to make return of the execution and a GER
tifcate thereon, showing the manner in
which he has executed the same. in thirty
days from the time Of his receipt thereof
166. Upon an execution on a judg
ment against joint debtors, upon one or
more of whom the summons was not serv-
ed, the execution must contain direction
TO collect the amount out of the joint prop
erty of all the defendants, or the separate
property OF the persons upon whom the
summons was served. to be specified by
name. If such judgment be also such
that the defendants are subject TO arrest
thereon, the justice must further specify the
names Of those defendants served with the
| ,.,L bo x,1 e.
OF property.
! 1877. A constable may, at his peril,
omit to arrest debtor. or after arrest,
suffer him to go at large before the return
day, subject only TO his liability for an
escape, or for emitting to arrest if he fail
to have either the money or the person Of
the debtor in custody at the expiration Of
the thirty days.
| 1863. Ii shall be lawful for the sheriff
or jailor, receiving any person imprisoned
on execution issued in any civil proceed
ing at any time when there is no money
in his hands to pay for the sustenance Of
such prisoner. to discharge him from pris-
on. The jailor may, however, detsin such
prisoner, the adverse party being liable
for such sustenance.
| l69. The debtor committed as here
in provided, may be held in prison ten
days, and if he be person without fam
lily. for which he provides, one day in ad-
dltion for every dollar over ten due on the
execution, or if he have family for which
he provides, one day in addition for eve-
ry two dollars over twenty due on the exc
cution.
i ITO. The affidavit of an imprisoned
debtor. that he has family for which he
provides, specifying by name, one or more
persons, members Of such family, and the
place of their residence, is sufficient evi.
dence thereof to authorize his discharge
by the jailor.
| I'll. A constable is liable to the par
ty in whose favor an execution issued te
him for the amount thereof, in the follow
ing cases:
1. Where he suffers thirty days to elapst
without making true return thereof to the
justice, and paying to him. or TO the part,
, entitled, the money collected thereon BY
J him.
2. Where he wilfnlly and carelessly
omits to levy on property within thirty