Edwardsville spectator. [volume] (Edwardsville, Ill.) 1819-1826, 1823-03-29


but in case such person or persons shall not
designate to the sheriff or other officer, real
or personal property. or both, to him belong
ing, as will be sufficient TO satisfy the sad exc
cution and'costs, then the sheriff or other Off
Ger shall seize and levy on the whole or any
part of the real and personal estate OF such
person or persons as will be sufficient to salts
ty such executions and costs provided that
the necessary tools Of mechanics shall not,
under the provisions of this act, be liable to be
sold under execution for debt
Sec. 8. BE il further eadcted, That in all cases
where any execution has been levied upon
,he real estate Of any person or persons prior
to the fifteenth day of February, one thousand
eight hundred and twenty-one, and where
the said real estate has not been sold, because
it would not sell for two thirds Of the amount
at which it was valued such execution being
or having been returned to the clerk who
may have issued the same, the said clerk SHALL
where no writ Of venditioui erbonaa has been
already issued, rforwh issue writ of rendition
erponds to the sheriff or other officer, com
mandng him to sell such real estate so levied
upon and not sold as aforesaid and the sheriff
or other officer, upon the receipt thereof,
shall advertise for fifteen days, upon the re-
misses, and at three other of the most public
places in the county, that such estate win be
sold to the highest bidder for ready money, on
a day specified in the advertisement, by virtue
of such veaditiom erbond8 upon which day
SO specified in the advertisement, the sheriff
or other officer shall sell such estate to satisfy
such execution, unless the defendant or de-
PENDANTS shall repleYv the same And provided,
That it shall in no case be sold for less than
two-thirds of the valuation.
Sec z Re IL fftibp,, ,,uuf.ipI That ubere INV
real estate, which has been levied upon since
the fifteenth day of February, 1921, or which
shall hereafter be levied upon by virtue of
any execution hereafter to be issued, and shall
have been twice altered for sale, and mas not, or
shall not, bring the amount of its valuation, or
two thirds thereof upon the third or suisse
quent offering, the sheriff or other officer
shall proceed to sell it TO the highest bidder:
Prouded, That, in no case, shall it be sold for
less than two-thirds OF its valuation.
Sec. 8. BE 10 tu,tier enacted, That, for the
purpose OF ascertalnlng and determining the
value of any real estate hereafter 10 be levied
upon by virtue of AIRY execution hereafter to
be issued, the sheriff or other officer is here
by authorized and required to appoint three
disinterested treehodcrs in the county in
which the same is situated, to each of whom
he shall administer an oath well and truly 10
take into consideration the value of the said es
,a'e III cash ana h,er the sad estate shat
have been valued, andthe amount of the valua-
ton returned to the sheriff or other officer,
uhaer 'nei' nands and seals, the SAID sheriff or
os'ier oiiicer shsii proceed to sell the same as
aiole Sau'
sec - '1na DC /" primer enacted, That the
,lnhe OF service OF negroes or muiattoes may
DC so'o Oh execution against the owner in the
MAJ 4
same manner as personal estates immediately
from "hlch sale, the sad negroes or mulattoes
s,'a'i serve 'he purchaser tor the residue OF
the term OF service.
oec: ~ ne f1rFher' enacted, That when
any Oh the SAID laiids, tehaments, or heredlta-
neh0s' or personal estate, which, by the direc-
,ioh ana authority OF this act, are to be sold for
'he payment OF aeb's ana damages, in the man.
her asoiesat snali be sold for more than will
satisfy the same debts or damages ard costs,
theh the sheriff or other officer who shall.
make 'ne SAFE snah renderthe oVerplus to the
DEBTOR or defendant and then and not before,
'iie saia orneer sIiaI be discharged therefrom,
upon record, and shall make return ct his pro-
ceeaihss TO the clerk OF the court from whence
Tue execution issued.
sec. II. ne ~ PURIFIER enacted That when II
appears on the face OF any ferf. focias, that any
one OF more OF the defendants, against whom
sucn writ is issued, are only security or Sc
fandar's ~ "''y pne VI more u .he 0thcr de-
IL, s. III "o'' '"1 she,i' OF
ofan ai'a''' r r,' Suoi' 1"se' SCH OF dispose