Edwardsville spectator. [volume] (Edwardsville, Ill.) 1819-1826, 1820-01-15
FOR THE SPECTATOR.

| FOR THE SPECTATOR.
Few laws bear more different CEN
strlct,ons than law of our state con-
ceraing executions. Particularly amongst
those concerned, it appears that the law
is generally construed to answer the con-
struer's purpose. The law in question
is made up of several distinct laws, pas.
sed at different times and places, tending
generally to the various provisions in
cluded therein, which make the present
law somewhat mysterious and contradic-
tory. Unfortunately some of those who
compose the different departments of the
courts, delight in devastation. Let linen
of that description be either Of the bar,
the bench, or executive, (if there be any
such) they will consequently decide in
favor of the plaintiff, giving the law in
question, authority to sell real estate for
whatever it will bring, to the utter ruin
ofthe defendant, and frequently the great
loss of some creditors. They do not
all agree at what period of time this kind
of property is to sell for wha, it will
bring. No man Of rational sense but
What will give at least as much weight
to the 22d section Of said law, as any
OTHER section in it, as it is certainly made
and composed by our state legislature as
then voluntary act and deed--not copied
by acommittee from the old code, which
it is true is read three times and passes,
but FEVER had the same investigation as
deliberate act Of their own. What are
now different sections Of this law, were
as many different laws, and had all, and
have yet their different portions of law
to declare, and the 22d section has its
own slare to enact, and is clearly and
concllsively to direct the sheriff how
and inwhat manner to sell and dispose
of all real estate, that shall be ordered
to be sold under the provisions of this
act, which goes ON to have the land
valued, &c. sc. and then to proceed to
sell the same, provided that the said
land or freehold shall bring the amount
of its valuation as aforesaid, or at least
two thirds thereof; the latter clause is the
words of the statute. Can there be
more explicit or conclusive terms III
language than "or at least two thirds
thereof"'-It is as far past doubt that
bid under two thirds of its value is as
vague as bid ofonc hundred and ninety.
nins cents would be for an acre of public
land. From the spirit as well as the
plain terms, when the freehold does not
bring two thirds of its value, it is to be
returned for want of buyers to the pro-
per officer, who is ordered by the encr-
getic words Of the law forthwith to issue
awrit of levari facias, and have the pre-.
misses delivered to the creditor in the
same case for want of buyers in case OF
Judgment on scire facias for the benefit
OF the mortgage or creditor, shall be
delivered in the same manner and form
as is herein above directed conc erning
other lands and hercditaments to be sold
and delivered upon executions for other
debts ORDINANCES. The same principle
is held ON and established in the said 2sd
section, by giving the plaintiff full power
to take valued property at the valuation
thereof as aforesaid.
There are no doubts, had the recited
section concluded with the following
technical phrase, but itwould satisfy the
gentlemen ofthebar-v" any lawoyipsage