Bloomington herald. [volume] (Bloomington, I. T. [Iowa]) 1840-1849, 1843-03-10
WHOLE NO. lQ3.

| dorse thereon that the same is repleviabe. and
also the date Ct the rendi:i IN Of such Indictment.
and the person against whom such execution
may have been issued may replevv the sam.
| for the space oftime specified in the said Tan
section Of this act from and after the date a.
| the rendition Of such judgement. as the same
may be endorsed on such execution as afore.
said, by rendering to the officer having such
| execution in his hands. bond with one or
more good securities, made payable to the
plaintiff. in penalty at least double the amt
| demanded by such execution, and conditioned
Tor the luli payment Of the amount demanded
| by such execution, together with interest and
| costs of suit to the end of such s,ay: which
bord shall be returned by the officer returning
the execution as par, Of his doings thereon,
! 1.-THE officer Wild issued soch execution. ard
! snch bond shall be taken as judgment con-
| lessen against the person or persons who exc.
cuted the same. and against their estates, and
| execution may issue thereon accordingly.
SEC. %. That upon judgments obtained
against any justice Of the peace, clerk, sheriff,
coroner, county treasurer county agent, trustee
OF the county. academy, or seminary fund,
collector Of the revenue or attorney al law, or
their securities, for monies BY them collected
or received in trnst FOR others by virtue of their
office, against any individual or individuals,
company or corporation, for money deposited
with him or them, no stay or repevy of execu-
ton shall be allowed; and on executions issu-
ing on such Judgments, the court rendering
the same shall order an endorsement to be
made that such judgmen, is not repleviable.
and such cour, shall also order that no stay Of
execution shall be allowed. nor the benefit Of
the provisions Of this act which requires prop.
ersy to sell for two thirds of its appraised val
ue; and executions issuing on such judgments
shall be re,urnabe 10 sixty days from The date
thereof.
SEC. "a. That replevy bonds, and bonds
for the delivery CT property taken on execu-
ton, shall, when returned TO the officer who
issued such execution, be entered on the iudg.
ment docket Of such officer
SEC. IS. That no real estate Of anv tesla.
tor or in,es,ate shall be subject 10 execution
upon any judgment against the executor or ad.
ministrator Of such testa,or or inestate, until
the devlsees Of such testator and the terre ten
ants of such real estate be first made parties
TO such judgment in the following manner, to
wit: Where any Judgment shall be obtained
against any executor or administrator, to he
Levied Of the goods and cha,,els of the de-
ceased, and execution issued thereon shall re-
| main unsaiisfed in whole or in par, for want
L
...;s r~,,irufy, " sfIc1I De IawTuI Tor the plain.
tiff in such judgment TO file in the proper
court where such judgment is obtained, a Pc
tllion against the executors or administrators
| heirs and devices, if any, Of the deceased SET
sing forth the facts Of the judgments and the
want Of personal property, and that there is
real estate in the Territory of Iowa, describing
the same aud setting fer,h in what county or
| counties ;he same is situated, and paying said
Court TO award the proper writ or writs Of ex.
ecu,ion against the sane. and the Clerk Of
said Court shall, upon fling such petition.
notify the persons against whom it is fled, Of
the pendeucy thereof, requiring them to APP
pear on the first day Of the next Term of said
Court and show cause, if any they can. why
the proper writ or wri,s Of execution shall not
be awarded, which said notice shall be given
to residents by summons. served by the prop
er officer, and to nonresidents by publishing
the same in the nearest newspaper for four
weeks successfully. and if a summons, it shall
be served on residents ten days before the sit.
ting Of the Court, and be published to non-res-
dents aforesaid the Court shall, at the first
Term, award The proper writ or wriis of exc
cutlon directed TO the proper officer OF the prop
er county unless good cause to the contrary he
shown, and the homage Of heirs or deviseee
shalt not in any case be good cause to suspend
execution.
Sec. 90. That whenever any goods, chat
tells, lands, tenements or Entertainments, shall
be sold on execution by virtue Of any Of the
provisions Of this act, and the same will sell
for more than will satisfy such execution, the
| interests and costs accrning thereon, the Sher.
if or other officer making sale Of the same shall
tender the overplus TO the defendant or defen-
dants, and then and not till then shall such
! officer be discharged iherefrom upon the records
of the same Court, to which he shall make re-
turn Of his proceedings concerning such sales.
SEC. 81. That when mutual judgements
| are existing in any county or counties OF this
Territory, it shall be the duty Of the officer or
! officers in whose hands the executions may be.
10 sci off one execution or judgment against the
other, so far as the same shall extend and ex.
ecutions may be certified from one county to
another. for the purpose of allowing such SET
offs, aud it shall be the duty Of the officers
when any such execution shall come 70 their
hands TO allow tie same.
| SEC. 90. All deeds Of real estate made by
any Sheriff OF other officer under this act. shall
be recorded in the same manner as other deeds
Of real estate are now required ny law 20 %
| recorded. And in failure Of such record, such
| deeds shall not be valid. as against an in'o-
cent purchaser without notice.
SEC. 90. That the act approved January
18th, 1889, and all acts now in force sooJsc-
ting real and personal estate TO execution, De
and the same are hereby repealed.
| SEC. 80. This act to take effect from and
after the twentieth day Of February, (insts.)
A. D. lS43- SIS
ENJOYING IT WHILE 1T LAsTs.-A good
lady in the neighboring village, a recent
/ convert 10 The Miller theory, has cut up