Madison Whig advocate. [volume] (Canton, Miss.) 1839-1841, 1840-02-29


~ to perform the duty imposed upon
them, shall proceed to examine the pro- /
perry required TO be appraised. and shall |
apPralse the same, and the ADVERTISEMENT
when made shall transmit. under Their
hands and seals, to the sheriff or other
officer, within a reasonable time before
the day designated by such sheriff ar
other officer, as the day OF sale of such
property 50 appraised, copy of which
valuation SO made shall be furnished the
defendant or defendants by the sheriff
aforesaid.
SEC. 3. Be IL further enacted, That it
shall be the duty of the sheriff or other
officer on the designated sale dav. to
proceed to offer at public sale to the
highest bidder, at the place and in the
manner prescribed by law, the property
50 levied on or surrendered, and should
the same not sell for two-thirds of its ap-
praised value, the sheriff or other officer
shall announce that there is no sale, and
such sheriff or other officer shall return
on the first day of the return term of
the writ of execution, for the satisfac-
ton of which such property was intend
ed to be sold, the same together with the
certificate of appraisement, and that the
property offered would not sell for two
thirds of its appraised value, and there
after no other writ of execution or other
process for the sale of such unsod APP
praised property, shall issue until the
expiration of twelve months from the
time when such writ Of execution shall
have been returned as hereinbefore re-
quired.
SEC. a. Be IL further enacted, That
after the expiration of twelve months
from the term at which any writ of ex-
ecution shall have been returned as here
in before provided for, the clerk into
whose Office the same shall have been
returned, shall issue writ of venditioni
exponas directed 10 the sheriff or other
officer, who shall proceed to re-advertise
the property and in the manner and at
the place provided for by law, re-offer
and sell the same premptorily and abso-
lutely, and every such last sale shall Gre
ate a total divesture of all the right, title
and interest Of the person whose proper
ty has been sold.
SEC. 5. Be 1t further enacted, That
whenever the property offered at public
sale shall not bring two-thirds OF It's APP
praised value. the same, if real estate,
| Shall be permitted to continue and remain
! in the possession of the person claiming
the same. If personal property, before
/ the same shall be restored to the posses
| sion of the claimant, he shall give bond
/ IN double the amount Of the value of the
appraised property payable to the per-
son 10 whom the debt is going, as may
appear of record, with three doubted
securities, to be approved of by the She
| riff or other officer taking the same, and
conditioned for the safe-keeping and
prompt delivery of the property so res
tored to the Sheriff or other officer on
the first day of the term but one, mex
succeeding that to which the writ of ex-
ecution shall be returnable, which bond
shall be returned with the writ of execu
ton, and in case its condition be not com.
piled with, il shall have the force and eff,
feet of a Judgment, and after execution
thereon, the obligers shall be required tc
pay the money without bonding or delay
ing the same in any way.
SEC 6 Be IL further enacted, Tha
should the plaintiff refuse or neglect tc
appoint an appraiser, the Sheriff or other
officer may do it for him, or should the
Sheriff or other officer refuse, either tc
appoint one for himself, or one for the
plaintiff where he is required so to ap
point, or both, any sale made by such
Sheriff or other officer, shall be utterly
; void and invalid, and the party aggriev
ed may have an action against the per
son obtaining the property for its speci
) fic recovery, and also against the Sheriff
or other officer: and when against thu
sheriff or other officer, the measure o
damages shall be the actual value of tbs
property so sold, and also, any such sher
Tiff or other officer shall be deemed ant
taken as guilty of misdemeanor, ant
upon conviction shall be removed from
: office.
SEC Be IL further enacted, Tha
: hereafter powers of sale shall not be 10
corporated into any mortgage or trus
deed given upon property, real or per
sonal. or both, in this State, to secure tn
payment or any sum of money so as I
authorize a sale thereof without its be
ing first necessary that six months pub
lie notice of the time and place of an.
: such sale be given by advertise ment post
, ed up at three public places in the comfy
, and in one or more OF the public paper
of the State nearest the property INTEND
ed 10 be sold. and should such notice no
be gwen, the Tlgnl 10 pay ol oiu an
date any such incumbrance shall remain
with the mortgager or grantor, and an.
2 such sale unless conducted as herein be
: fore provided shall be utterly null an
void.
SEC. 8 Be 1t further enacted, Iha
; should any person, required to give bon
las provided for in the fifth section OF I'M
act. be unable to do so, the sheriff or ott
err officer shall proceed to offer and sci
$ the personal property SO levied on or sur
render up. on a credit of twelve month;
taking bond payable TO plaintiff with IN
I doubted security, and conditioned for tn
: punctual payment of the purchase money
which bond, from the day of its execu
; ton and delivery, shall operate as lie
upon the property purchased, and sue
tother property as the purchaser ma.