Wheeling times and advertiser. [volume] (Wheeling, Va. [W. Va.]) 1839-1849, 1843-01-31
APPRAISEMEN LAW OF ONO.

cases"
SEC !. Be IL enacted by tie General
assembly Of The Stale Of Ohio, That be-
fore any Sheriff, constable or other off
Ger, shall hereafter proceed 10 sell any
goods or chat,les, upon any writ of ex-
ecution, issued IN a civil case, order up
on attachment or decree, such sheriff.
constable or other officer; if required,
two days before the day Of sale, by the
person against whom such execution,
order or decree, sha | have been issued,
MS ag mt or attorney, shall summon an
inquest of three respectable household
ers, residents of the county, and admin.
lister 10 them an oath or affirmation i'm
partially 10 apprai.e saiu goods and
chattIes, and the said householders shali
proceed TO make "a schedule Of the pro.
perty so levied, which schedule they, or
a majority orihem, shall sign and forth
with deliver 10 said Officer, and such
goods and chattles shall no; be sold for
less than two thirds the appraised vslue
thereof.
SEC. 9, That each householder, net
ing as an appraiser under this act, shall
be allowed and receive for his services
at the rate offiGty cents a day for the
actual time which he may be required
to perform the duty of appraiser as a.
~ioresald, to be charged as costs, and col.
lected upon the execution; provided the
same &c endorsed upon their return OF
the apPraisement, and not otherwise.
SEC. j. If any householder, sum.
moned TO act as appraiser as aforesaid,
SHALL laIl TO appear at the time and place
appointed by the officer, aud discharge
his duty as appraiser, he shat, on com
plant before any justice Of the peace of
the township in which such del, |nuueutI
householder may reside, forfeit and pay
the sum of fifty cents for every such ne.
glect, which sum shall be, by such JUS
tlce OF the peace, collected ard paid into
the township treasury, for the use OF the
town ship, provided, such Justice may
receive from such delinquent Household
der, such excuse for his delinquency as
he may deem reasonable
SEC. 4. That when any goods or
chattlcs, levied and appraised as afore-
SAID, shall not be sold for two thirds OF
the appraised value, il shall be lawful
for the officer holding such execution,
TO return upon the same, "not soil for
wLnt of bidders" and such officer shall
deliver such unsold goods and chaitles
10 the person against whom ~cu:I
had issued, as aforesaid, upon his giving
bond, with sufficient surety. resident ~
the county, to the satisfaction Of the
said officer, conditioned that the said
debtor in execution, will deliver, al the
time ead place Of the Rcxt sale, to the
ohcer ha wing ia his hands an execution
upon the same judgement, the goods and
chatiles Of e Iual value, TO be selected by
said officer, which shall be determined
by an inquest Of three ho~useholders, as
hereinbelore pointed out, which bond
shall be made payable 10 the other party
IN the execution, aud shall be returned,
with the writ Of execution, to the court
OF justice from which execution issued.
SEC. 8. That when the goods and
chati'es, levied by virtue Of an execution
issued from any court Of record, shall
be restored TO the debtor, under the pro-
visions Of this act, and it shall apnear
by the return Of the appraiser TO the
officer, that the same are insufficient, at
two thirds the appraised value thereof,
to satisfy the execution, it shall be the
duty Of the officer TO endorse that fact
on the execution, and forthwith pro
coed, fsuch officer be the sheriff or
coroner to levy such execution upon
other goods and chattles of The debtor,
and for want thereof the lands and ten
ements Of the debtor in execution, and
proceed thereon as in other cases Of levy
upon real estate; AMI if further goods
and chaitles should be levied on, the
same shall DO appraised, and other pro-
-ceedings be had IN relation thereto, as
provided by this act in other cases.
SEC. 6. Tha! if the debtor, in execu-
ton, shall fail to give bond and surety,
as before provided, Immediately after it
is ascertained that the goods and chat
ties will not sell for tive thirds the ap-
praised value thereof, it shall then be
the duty Of the officer, forthwith 10 re-
turn upon the execution, "nOt sold for
want Of Diddcrs," and said goods and
.chatdes shall De subject 10 be sold al a
ny time thereafter, upon a writ Of ven
ditioni exPonas. as in other cases; pro.
vidcd, the same shall not be sold for less
than two thirds Of the appraised value.
SEC. 7. All goods and cha ties re-
delivered 10 the judgement debtor, may
be sod, at any time thereafter, at two
thi IDS the appraised value, upon a writ
OF venditioni exponas, and it remaining
unsold, tho officer shall make the pro.
per return upon the execution, aud de-
liver such goods anI cha,t'es to the
judgement debtor. And the bOnd previ-
ously taken for the delivery Of the
goods to the officer, shall be valid and
binding rs to any subsequent deliver