Bloomington herald. [volume] (Bloomington, I. T. [Iowa]) 1840-1849, 1843-03-10
BLOOMINGTON, IOWA, FRIDAY, MARCH 10, ls4s.

c"a'.e'S S''ali levy on such properly, and so
much thereof as may he prcpor,ioned Is the
amount OF the debt and costs at two thirds Of
It's appraised value. out Of any property given
up by said defendant, and if the defendant, shall
neglect OF refuse to turn out such property to
said officer when he shall have such property.
it shall be the duty Of such officer to make snch
levy on any property belonging to said defen-
dan, as may be set off to said plaintiff in pay
ment OF his demand and costs of suit. Each
appraiser shall be allowed fifty cents per day
| for their services.
SEC. 5. That hereafter, when any execu-
lion shall Issue to any Sheriff or other officer
| against the goods and cha,tels, lands and iene.
men's Of any defendant or defendants, if he,
she or they have families. il shall be lawful
Tor such defendant or defendants to claim as
exempt from execution the following property
to wit: One bible, one COW and calf, one horse
or yoke OF cattle, twelve sheep and the wool
that may be shorn from them, FIVE head Of
hogs and all pigs under six months old, all the
flax IN the possession Of such family and the
yarn or thread manufactured therefrom, one
bedstead and the necessary bedding therefor
Tor every two in the family, and any quantity
Of cloth manufactured by such family not ex-
ceeding one hundred yards, household and
kitchen furniture not exceeding in value fifty
dollars, one stove and pipe for the same. all
spinning wheels and looms put up aud kept
| for use. all farming utensils not exceeding in
value fifty dollars. the necessary food for all
| animals exempted from execution, four months
provision for the family and necessary fuel for
| the use of the family for sixty days, the surgi-
| cal instruments and medical library Of every
practising physician, and the library of every
practising lawyer or counsellor. all private Ii.
braries not exceeding one hundred dollars in
value, and all family portraits. all mechanics
tools necessary in their particular calling, the
astronomical and mathe NAUTICAL instruments Of
every teacher or school.master, and the instru-
nents nj every practical surveyor necessary in
their professions. All properly exempt from
| execution shall be exempt from attachment or
| other process Of law, and it shall be the duty
Of the said officer not 10 execute any Of the a.
bove exempt property.
SEC. 6. That in addition to the property
exempt from execution and attachment in the
preceding section, it shall be lawful for the de-
tendant 10 claim as exempt from process foun-
ded upon contracts hereafter made, fifty head
| Of sheep and the wool that may be shorn there
| from.
SEC. 7. That all executions. hereafter is
Territory, shall be made re,urnabIe within 10
| days from the date Of the same: Provided,
| That when said execution is directed to an Of
| Gcer of any other county than that in which
| the same is issued, there shall be one addi-
| ional day for every twenty miles travel, CAL
| cuIaliDg the distance from The county.seat Of
| the county from which said execution is issu-
| ed to the county-seat of the county into which
| the sumo is directed.
SEC. 8. Tina: any Sheriff or other officer
levying an execution upon any real estate,
| shall, previous TO offering the same for sale.
| give at least four weeks notice Of the time and
place Of such sale, by posting up written adj
| ver,isemenis thereof, in four Of the most pub
| lie places in the county in which such real es-
tate may be situated, and previous 10 selling
| any personal estate on execution, the She:lff
or other officer levying thereon, shall give at
eas, fifteen days notice Of the time and place
of such sale, by posting up written notices OF
the same at three Of the most public placss in
the county in which such sale may be made.
SEC. 9. That if the estate Of any execu-
,ion defendants, taken and sold on execution
| by virtue OF the provisions Of this act. shall
| fail 10 sell for sum sufficient 10 satisfy the
debt, damages, and costs due and accrOhg up
on such execution, the officer returning such
execution shall make return OF his dolngs
thereon accordingly, and another writ OF exc
/
dorsemeot ma il by the Clerk or Justice. with
the sum or sums previously paid or made on
any preyious execution, upon which writ Of
execution the proper officer shall proceed to
| levy and sell in the manner hereinbefore pre-
scribed. making return Of his doines thereon
as in other cases, and in all cases. IN addition
| 10 the above notifications of such sales, the
officer shall give notice in writing TO the de-
PENDANT in execution, or leave such notice al
his last or usual place Of abode.
SEC. 10. THAT whenever any Sheriff or
other officer who may have sold any real es-
| tate under the provisions of this act, shall,
previous to making deed therefor 10 the pur-
chaser, 60 out Of Office by death. resignation.
removal or otherwise, it shall be the duty Of
the successor in Office Of such officers 10 make
the necessary deeds to purchasers: Provided
The purchase money has been duly paid.
Slc. IL. That if i. shall appear upon the
face Of any writ or execution, or by endorse
ment thereon by the officer issuing The same
that any one of the persons against whom the
same may be issued, is only security LOT a"y
one OF more of the persons against whom S"c''
execution may have been issued tne o'nce1
executing the same, shall hrSt sell SO 'huc'' y,
the principal defendant or defendants 'a'eeu ,
IN such execution as he may be able 20 mo
before he shall sell any Of the estate OF s"ch
security or securities, unless such officer may
be otherwise directed by such security or Sc
curities. a&
SEC. IL. That when any person or persons
other than the defendant or defendants, ny
himself, herself, or themselves, his, her, OF
their agent Of attorney, shall present Claim
in wiring 10 the officer holding such execution
setting forth that such person or persons, Is OF
are the owners Of. and haue just claim TO any
personal properly levied upon by such office
by virtue 81 such execution, specifying the ar