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

EXEcrTioN-RETCRN- or EXEcr'
TIoY--yoTIcE or sALE-DELIvERY--
UNDERTAKING.
Sec. l54. Execution for the enforce.
ment Of u Judgment, before a justice OF the
peace (eycepi when il has been taken to
the Common pleas on error, or appeal or
docketed therein, OF during the time II
may be stayed, as provided ny this act'
may issue by the justice before whom the
Judgment was rendered, or by his sue
cessor in office, on the application oi the
party entitled thereto, at any time With
in five years from the entry Of the ]ude'
ment, or the date Of the last execution
issued thereon.
Sec. l55. 1t shall be the duty ofthe
Justice, if the case be not appealed, ta'
ken upon errordockcted in the common
pleas or bail has not been given for the
stay Of execution nj l,e expiration of ten
lays from tho tnty Of judgment, to
issue execution without demand, and
proceed to collect the judgment, unless
otherwise directed by the judgment cred
itor.
Sec. 1856. Any person against whom
judgment may be rendered under the
provisions of this act. except as herein.
after excepted, may have stay OF
execution for the several periods
hereinafter mentioned. by entering into
an undertaking to the adverse party.
within ten days after the rendition OF
such judgment, with good and sufficient
surety, resident Of the county, as the jus.
tice shall approve, conditioned for the
payment Of the amour ofsuch judgment
interest ana costs, that may accrue;
which undertaking shall be entered on
the docket Of the justice, and be eisned
by the surety
Sec. 1877. The day OF execution here.
by authorized shall be graduated as fol.
lows, namely:
l. On any judgment for five dollars
and under, the stay shall be for sixty
days.
2. On any judgment exceeding five
dollars, and under fifty dollars the stay
shall be for one hundred and fifty days.
2. On any judgment Of twenty dol.
lars, and under fifty dollars, the stay
! shall be for one hundred and fifty days.
4. On any judgment for fifty dollars
or upwards, the stay shall be for two
hundred and forty days.
5, Where ju lgment is obtained a.
, gainst surety and he takes a stay
thereon, and he obtains Judgment against
| the principal, stay Of execution must be
. allowed ON the judgment against the
r principal, stay Of execution must be al.
, lowed on the judgment against the prin.
, cipal only so long that the stay will
expire one month before that allowed
to the surety on the judgments against
him.
, Sec. l5S. No stay Of execution on
judgments rem nered in the following ca.
ses shall be allowed:
[ /. On judgments rendered against
justices Of ihe p eace for refusing to pay
over money by them collected, or re.
ceved in their official capacity.
9. On judgments against justices Tor
not reporting annually to the auditor
all fines required by law.
3. On any judgment rendered against
constable for failing to make return,
or refusing to pay over money collected
in his official capacity.
, 4. On judgments against bail for the
, stay Of execution.
5. Where judgment is rend cred in
| favor of bail who have been compelled
, by judgment to pay money on account
Of their principal.
6. On judgments obtained by con.
stables on undertakings executed to
= them for the. delivery of property.
Sec l5O. If the execution issued bs.
fore the undertakings Of stay, or that
required in case Of appeal be given af:
forwards, 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
a. such stay, into any other county or
state, the Justice shall, on demand issue
execution against the goods and chat.
:. tells of the defendant, or other party
against whom the original judgment
was rendered 10 be proceeded with as in
other eases.
Sec. l6l. When any surety fot 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 con: pelled
to pay the judgment, it shall be lawful
for such surety TO make and file affida.
, tvit Of that fact, before the justice on
. whose docket the judgment is entered;
whereupon such justice shall issue exc.
Q cution against the judgment debtor,
. which shall be proceeiel with 80 in
8 other cases, provided such hail shall not
(. thereby be discharged from liability,
e but may be proceeded against after the
/. expiration OF the term OF the stay ia
the same manner as if execution had
q not been issued as aforesaid.
!, Sec. 1872. uthe judgment debtor shsll
= within ten days after lsyyinS such exa-
:. cu.ion, enter into any further underta-
n king for the stay Of execution dufing -
!. much Of the 6rst stay as remains then
:, unex xpirel, and shall pay the coos q ths
execution issued against him % siorsr
d said, it shall be the. duty gf the justice
a to take such (arthss undssiaklns aes