Southern Argus. [volume] (Columbus, Miss.) 1834-1842, 1840-03-03
90
70 bo a,u;tled AN Act 10 proride fOT the tul'
uafiou 81 property, and IN relqiion 70 mort
o0ces and fi1isf deeds.


Sact;on rs ue,iacfsd hufbe Legislature
of ~ Sgose of Mississippi, That hereafter
. hanaver any sheriff orother officer, BY ylr-
me 81 any writ OF execution issuing out ofany
court Il this State, shall levy on any property,
real 81 nerso,lal. or wherever any property,
real or personal. shall be surrendered to any
sbeifFor other officer in discharge Of the per-
Son. Il Is hereby made competents and full au-
thorisv & hereby given, to any such person,
whose nroperty, real OF personal, shall be 20
levied on Or surrendered, TO notify N writing
such sheriff Or other officer, that he claims to
have the same appraised according 70 the pro. |
visions ofthis oct whereupon, three persons
entirely disinterested and unconnecteds either
bv consequently or affinity, shall be chosen as |
appraisers. one to be chosen by the person |
whose property is to be appraised, second BY |
the plaintiff or his agent, OF by the sheriff Or
other officer; If both plaintiff and agent be abb
sent. or neglect or refuse to choose; and
third BY the sheriffor other officer.
Sec. q Be Il further enacted, That The ap- |
praisers appointed as indicated in the first sec
ton ofthis act, after first having made oath be
fore some, Judge or Justice of the peace. well
and imparfially to perform the duty imposed
upon them, shall proceed to examine the pro-
perry required to be appraised, and shall APP
praise the same, and the appraisement when
made shall transmit, under their hands and
seals, TO the sheriff or other officer, within
reasonable time before the day designated by
such sheriff or other officer, as the day of sale
of such property SO appraised. copy of which
valuation so made shall be furnished the de-
PENDANT or defendants by the sheriff alore-
said.
Sec. 3.Be II further enacted, That it shall
be the duty of the sheriff or other officer on the
designated sale day, to proceed to offer at pub
lie sale to the highest bidder, at the place and
in the manner prescribed by law, the property
so levied on or surrendered, ard should the.
same not sell for two-thirds ofits- appraised
value, the sheriff or other officer shall announce
that there is no sale, ana such sheriff or other
officer shall return on the first day IF the re-
turn term ofthe writ ofexecution, for the salts
faction of which such property was intended
to be sold, the same together with the certifi-
cate of appraisement, and that the property of
fered would not sell for two-thirds Of its APP
praised value, and thereafter no other writ of
execution or other process for the sale ofsuch
unsoId appraised property, shall issue until the
expiration Of twelve months from the time
when such writ o. execution shall have been
returned as hereinbefore required.
Sec. a. Be 1t further enacted, That after
the expiration of twelve months from the term
at which any writ ofexecution shall have been
returned as herein 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 perempto-
rily and absolutely, and every such last sale
shall create total divesture of all the right, IT,
tie and interested the person whose property
| has been sold.
Sec.s5. Be Il further enacted, That when-
ever the property offered at public sale shall not
bring two-thirds of its appraised value, the
same, ifreal estate, shall be permitted to con-
| tinue and reEiain in the possession Of the per-
son claiming the same. Ifpersonal property
before the same shall be restored to the posses
sion Of the claimant, hes shall give bond in dou-
| bic the amount of the value of the appraised
property payable to the person to whom the
debt is going, as may appear of record, with
three undoubted securities 10 be approved of by
the sheriffor other officer taking the same and
| conditioned for the safe-keeping and prompt
delivery ofthe property so restored to the sher
if or other officer on the first dav of the term
but one, next succeeding that to which the writ
of execution shall be returnable, which bond
shall be returned with the writ Of execution
and in caseits condition be not complied with,
it shall have the force and effect of Judgment
and after execution thereon, the obligors shall
be required to pay the money without bonding
or delaying the same in any way.
Sec. 6. Be IL further enacted, That should
the plaintiff refuse or neglect to appoint an ap-
praiser, the Sheriff or other officer may do il
| for him, or should the Sheriff or other officer
refuse, either to 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 inval-
| id, and the party aggrieved may have an action
against the person obtaining the property for
its specific recovery, and also against the sher-
i lift or other officer; and when against the sher
1 Tiff or other officer, the measure of damages
shall be the actual value Of the property So
sold, and also, any such sheriff or other officer
shall be deemed and taken as guilty of mis-
demeanor, and upon conviction shall be remo-
we'd from Office.
Sec. z. Bell further enacted, That hereaf-
ter powers ofsale shall not be incorporated In
to any mortgage or trust deed given upon pro-
perty, real or personal, or both, in this State,
to secure the payment of any sum ofmoney SO
as to authorize a sale thereof without its being
first necessary that six months public notice Of
the time and place of any such sale be given
by advertisement posted up at three public
places in the county, and in one or more OF the
public papers of the State nearest the proper
ty intended to be sold, and should such notice
not be given, the right to pay off and liquidate
| any such ncumbrance shall remain with the
mortgagor or grantor, and any such sale unless
conducted as herein before provided shall be
utterly null and void.
Sec. 8. Be Il further enacted, That should
any person, required to give bond as provided
for in the fifth section of this act be unabled to
do so. the sherIffor other officer shall proceed
to offer and sell the personal property so levi
ed on or surrendered up, on credit of twelve
months, taking bond payable to plaintiff with
undoubted security, and conditioned for the
punctual payment of the purchase money which
bond, from the day Gifts execution nd delive-
ry, shall operate as a lien upon the property
purchased, and such other property as the pur-
chaser may own, and which bond shall be re-
i turned with the execution, and ifnot paid It
i shall have the force and effect of Judgment.
upon which the clerk shall issue an execution
against all the obligors. and endorse thereon
thai no security OF any kind is to be taken.
i Sec. 9. Bel further enacted, That it shall
not be lawful for any sheriff or other officer to
levy on and sell, by virtue of an execution OF
other process issuing ftom any court in this
Estate, any crop Of cotton, corn or other product
while the same is under cultivation and before
1t natures and is gathered.
II Sec. 10. Be Il further enacted That an
laws and parts of laws repugnanf to the pro-