The Illinois free trader and LaSalle County commercial advertiser. [volume] (Ottawa, Ill.) 1841-1843, 1843-01-13


on Judgments and Executions.
Sec. /. BE it enactedby The Peop'e q
the State ofMinois, represented F" ue"e'
raj assembly, That when any execution
fee bill, or attachment shall be ISSUED out
of the courts Of this state, whether oil re-
cord or not. and shall be levied on any
real or personal property, or both, 1t shall
be the duty of the officer levying such
execution, to summon three disinter-
es,ed house-holders of the vicinity where
such property is levied on, one of whom
may be chosen by the delendantin execu-
ton, and one by the plaintiff, the other by
the officer: Provided, in all cases, where
either or both parties shall fail, refuse or
neglect, to make such choice, or in case
of choice, if such appraisers shall iail,
refuse or neglect, to make such apprals-
ment, then it shall be the duty OF such
officer to choose or summon such house
holders for them, when the said officer
shall administer an oath to them. well and
truly to value all such property as may be
by him pointed ont TO them, at It's tar and
reasonable value, in ordinary times, and
they, or majority of them, shall make
out list of said properly SO valued by
them, anneXing the valuation Of each ar
tcle, or species of property thereto, and
sign the same; which list shall be an
nexed to the execution, and, when such
property shall be offered for sale, it shall
not be struck of, unless two-thirds of the
valuation thereof shall be bid for the same:
Provoked, always, the plaintiff in execu-
ton may elect on what property he will
have the same levied, except the home
stead on which the defendant resides,
which shall be last taken in execution, and
all other executions issued from any courts
no, of record, the plaintiff may cleo. on
what personal property he will have the
same levied, excepting and reservlng,
however, to the defendant in execution, in
all cases, such an amount and quantity Of
property as is now eXemp! from execution
by the laws of this state: ind pr0cidea,
fur,Eer, that all sales Of morigaged pro-
visions Of this act, whether the foreclosure
be by judgment, decree in chancery, or
otherwise also all sales by commission
ners, masters in chancery, or other per-
sons acting by authority of any Of the
courts of dis state, shall be made in strict
conformity to this act: furthermore, the
provisions of this act, shall extend to all
contracts, judgments, deeds of trust, and
mortgages, wherein the mortgage has re-
served the right to sell the morlgaged pre-
Mises, executions and debts of every kind
and character which now exist, or may
hereafter be made, excepting however,
those which are made in default, as u
public officer, executor, administrator, OF
guardian, or while acting in any other IL
duciary capacity : Proui2ci, furthermore,
in all cases, where any person or persons,
may now be, or hereafter become indeh.
ted to any school commissioner OF trustee,
or treasurer of any school funds, and such
person shall ial! to pay the interest there.
on, or after having been notified, shall me-
glect, fail or refuse to renew his or hen
note, with additional security, as is now
provided by law, then in such case the
property shall be subject to sale without
the benefit of the provisions of this ACT
but in all cases the debtor shall be allow.
ed to stay the collection Of the principal
of any sum of money, in any way due Il
the school fund, by giving good and suirl
cenl security and by paying the inleres
and cost thereon punctualy, as it become:
due, whether judgment has been obtained
thereon or not: Provoked, that in al
cases, in which the property offered, o
to be offered lorsale, has been decided by
the proper court to have been fraudcn,ly
conveyed by the execution debtor, II
avoid paying his debts, the same shaI! b.
sold without valuation.
SEC. 2. When any real or persona
property shall be levied on and appraise,
in the manner prescribed by this act, am
the same shall be susceptible of division
no greater quantity thereof shall be SOLE
than is sufficient to pay the deb, and pro
per costs thereon, in accordance with tn
valuation and when any execution shall
be levied on any house, or houses, lot 0
lots, or other real estate, situated in an,
city, town or village or elsewhere, nc
susceptible Of division, the officer, a, III
request or direction Of the plaintiff, sha
proceed to offer for sale such an in,eres
in said property as will satisfy the det
and costs, and in case Of sale the purcha
ser shall become tenant in common i
said property Provided, that in case c