The Rodney telegraph. (Rodney, Miss.) 1838-1840, 1840-03-14

praisemenf, .nnd that The property offered
would not sell for two-thirds Of IL appraised
value, and thereafter no writ Of execution or
other process for! the sale d. such unsoId sp-
praised property. shall issue until the oxpirarl
ton Of twelve months from the lime when
such writ Of execution shall have been re-
turned as hereinbefore required.
SEC. 4. Belt fsvther enacted, That atter
the expiration of twelve months from the
tenn al which any writ ct execution shall
have been returned as hereinbeforo pro-
vided for, the clerk into wh SO Office the
same rl1ail have been returned, shall ISSUE a
writ Of venditioni exponas directed to the
sheriff or other officer, who shall proceed to
re-adyertise the property and in the man-
ner and at the place provided for by law,
re-offer and sell the same pelemptorily and
absolutely, and every sach last sale shall
create total divesture Of all the right, title
and interest of the person whose property
has been sold.
SEC. 5. Bea further enacted, That when
ever the property offered at public sale shall
not bring two-thirds Of lis appraised value,
the same, if real estate, shall be permitted
to continue and remain 10 the possession Of
the person Ginning the same. IfpersonaI
property, before the same shall be restored
to the possession ofthe claiment, he shalt give
bond in double 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 nnd ubted securities,
to be approved Of by the sheriff or other of
ficer taking the same and conditioned for the
safe keeping and prompt delivery of the
property SO restored to the sheriff or other
officer on the first day of the term but one,
next succeeding that 10 which the writ of
execution shall be returnable, which bond
shall be returned with the writ, and in case
its condition be not complied with, il shall
have the force and effect Of judgment, and
after execution thereon, the obligers shall
be required to pay the money without bond
ing or delaying the same any way.
| SEC. 6. Be 1t further enacted, That
should the plaintiff refuse or neglect to ap-
point an appriser, 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 appoint, or both, any sale made
by such sheriff or other offer, shall be ut
terly void and invalid, and the party ag-
grievcd may have an action against the per-
son obtaining the property for its specific
recovery, and also against the sheriff or 9th.
er officer; and when against the sheriff OF
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 q
misdemeanor, and upon conviction shall be
removed from office.
SEC. 7. Bet further enacted, That here
after powers Of sale shall not be incorpora
ted into any mortgage or trust deed giver
upon property, real or personal, or both, il
this State, to secure the payment Of any sun
of money so as TO authorize sale thereD
without its being first necessary that 81,
months public notice of the time and placs
of any such sale be given by advertisement
& posted up at three public places IN the coun
g ty, and il one or more of the public paper
of the State, nearest the property intende,
: to be sold, and should such notice not b,
: given, the right to pay off and liqnidate an,
such incumbrance shall remain with tn,
mortgager or grantor, any such sale, unles
!. conducted as hereinbefore provided shall b
J utterly null and void.
SEC. 8. Be Il firtherendcted, That shoult
any person, required to give bond as provi
ded for IN the fifth section of this act, be un
able to do so, the sheriff or other afficer shal
proceed to offer and sell, the personal prop
erty SO levied on or surrendered up, on
credit of twelve months, taking bond payabl
: to plaintiff with undoubted security, and cor
= diiioned for the punctual payment of III
purchase money, which bond, from tho day {
e its execution and delivery, shall operate a.
!, lieu upon the property purchased, and sue
= other property as the purchaser may Owl
4 and which bond shall be returned with til
7 the execution, and if not paid It shall hav
Y Tho force and effect of judgment, upo
i (which the clerk shall issue an execute
: against all obligors, and endorsers thereon
-tthat no security Of any kind is to be takel
o SEC. 8. Be It further enacted, That
7 shall not be lawful for any sheriff or oths
: iofficer, to levy on and sell, by virtue of a
= execution or other process issuing frog an
= court in this State any crop Of cotton, corn
81 other product while the same is under Gull
: walton and before It mature and is gathers!
RI SEc. TO- Be i further enacted, That's
: laws and parts of laws repugnant to the r.
. visions Of this act, be, and the same =
d hereby repealed.
= AN ACT to regulate the praetico of q
>, Circuit Courts
Il r. ~ - "a