The Yazoo City Whig and political register. (Yazoo City, Miss.) 183?-1840, 1840-03-13
Aams of 1RtSstsetppt
BILL.


mortgages and trust deeds"
Section l. Be It enacted By the Legts'
ldture of the State Of Mississippi, That
hereafter, whenever any sheriff or other Of
ficer. by virtue of any writ of execution is
suing out of any court of this State, shall
levy on any property real, or personal, or
whenever any property, real or personal,
shall! be surrendered to any sheriff or other
officer in discharge of the person, 1t is here
by made competent, and full authority IS
hereby given, to any such person, whose pro-
perty, real or personal, shall be so levied on
or surrendered, to notify in writing such
sheriff or officer. that he claims to have the
same appraised according the provisions OF
this act; whereupon three persons entirely
disinterested and unconnected, either by
consanpuinity.o or affinity, shall be chosen as
appraisers, one to be chosen by the person
whose pro- erty is TO be appraised, second
by the plaintiff or his agent, or by the sheriff
or other officer; if both plaintiff and agent be
absent, or neglect or refuse to choose; and
a third by the sheriff or other officers
Sec. 3. Be IL further emf cted. That the
appointed as indicated in the first section OF
this act, after first having made oath before
some Judge or Justice of the peace, well and
impartialIy to perform the duty imposed up
on them, shall proceed to examine the pro-
perty 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 defendant or defendants by the sheriff
aforesaid.
Sec. 8. Be it farther enacted. That it
shall be the duty of the sheriff or other Of
ficer on the designated sale day, to proceed
to offer to public sale to the highest bidder,
at the place and in the manner prescribed
by law, the property so levied on or surren-
dered, and should the same not sell for two
thirds of its appraised value, sheriff or other
officer shall annouce that there is no sale,
and such sheriff or officer shall return on the
first day of the return term of the writ of ex-
ecution, for the satisfaction of which snch
property was intended to be sold, the same
together with the certificate of appraise
ment; and that the property offered would |
not sell for two-thirds of its appraised value,
and thereafter no other writ ofexecution or
other process for the sale of such unsold ap-
praised property, shall issue until the expi-
ration of twelve months from the time when
such writ of execution shall have been re-
turned as hereinbefore required.
Sec 4. Be it further enacted, That af-
ter the expiration of twelve months from the
term al which any writ of execution shall
have been returned as herein before provided
for, the clerk into whose office the same shall
have been returned, shall issue a writ of
exponas directed to the sheriff or
other officer, who shall proceed to re-adver-
tise the property and in the manner and at
the place provided for by law, -offer and
sell the same peremptorily and absolutely,
and every such last sale shall ere ate total
divesture ofall the right, title and interest of
the person whose property has been sold.
Sec. 4. Be it further enacted, That
whenever the property offered at public sale
shall not bring two-thirds of its appraised
value, the same, ifreal estate, shall be per-
mitted to continue and remain in the pos
session of the person claiming the same. If
personal property, before the same shall be
restored to the possession of the claimant,
he shall give bond in double the amount of
the appraised property payable to the person
to whom the debt is going, as may appear OF
record with three undonbted securities, to
be approved of by the sheriff or other Off
Ger taking the same, and conditioned for the
safe-keeping and prompt delivery of the pro-
perty so restored to the sheriff or other Off
Ger on the first day of the term but one next
succeeding that to which the writ of execu-
ton shall be returnable, which bond shall
be returned with the writ of execution, and
in case its condition be not complied with,
it shall have the force and effect of judg-
ment, and after execution theron, the obi
gors shall be required to'pay the money with
out bonding or delaying the same in any
way.
Sec. 6. Be It further enacted, That
should the plaintiff refuse or neglect to ap-
point an appraiser, the Sheriff or other Of
fcer may do it 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 appoint or both, any sale
made BY such Sheriff or other officer, shall
be utterly void and invalid, and the party
aggrieVed may have an action against the
person obtaining the property for its specific
recovery, and also against the sheriff or
other officer, and when against the sheriff
or other officer, the measure of damages
shall be the actual value or the property so
sold, and also, any such sheriff or other Of
fcer shall be deemed and taken as guilty Of
a misdemeanor, and upon conviction shall
be re moved from Office
Sec. Z. Be it further enacted, That here
after powers of sale shall not be incorporated |
into any mortgage or trust deed given upon
any property, real personal or both, in this
State, to secure the payment of any sum of
money so as to authorize sale thereof with |
Quits being first necessary that six months
notice of the time and place of any such sale
be given by advertisement posted up at