Richmond palladium., 1843-02-25

pa I'd or satisfied by sale otherwise, II shall be
the duty Of such officer to return the same nnt
pay over all money received thereon forthwith
Propided further, 1t is hereby made the duty O
the sheriff or other officer having such execution
whenever a delivery bond is taken and forfeited
TO return II together with the execution, for'hwit
10 the officer issuing the same.
SEC. 9. In all cases where any officer holding
an execution or other process, shall be about it
levy the same upon real estate, if Tho defendan
or defendants shall be the owners o.
more than one tract or parcel, or of one tract OF
parcel susceptible Of division without material in
Jury, such defendant or defe ndants sha have the
right Of selecting and designating the particular
tract or part to be levied upon by such officer
Provided, such tract par. des ignateG shall be
sufficient to satisfy such execution or other pro-
cess. Bat in all cases where such officer shall be
about to levy upon personal property, if The de-
fendapt shall not, on being required and deman-
ded by the officer holding such execution or other
process designate the property TO be levied on,
then and in that The plaintiff plain lifts,
their agent or attorney, shall have the right
Iect or designate the particular property 10 be le
Wed upon; reservIng, however, to the defendant
or defendants the right of selecting as exempt
from such execution other process, property
no, exceeding in value the sum OF one hundred
and twenty five dollars, and such property desig
mated oy such defendant or defendants shall be
sold for two thirds its fair value.
SEC. 10. In all cases where real estate is a.
bout TO be levied upon by any officer, the defend
ant or defendants shall have The right of turning
out such, and so much, rs iha, the rents and prof
its for years viii be sufficient pay the full
amount of the debt, interests and costs, upon
which such wri, may nave issued; and in all ca
ses where any real estate may be levied upon by
virtue of any execution or order Of sale, the
rents and profits thereof for seven years shall be
appraised IN the manner prescribed in this act
for the appraisemen, Of other property; and when
ever such rents and profits are appraised a, sum
eQua! to, exceeding the amount due on such
writ, such real estate shall no, he offered for sale,
bat the rents and profits shall be offered; and if
they viii not sell for their appraised value, the
officer shall proceed in the manner as in
case Of other property.
SEC. IL. The provisions of this act shall no,
extend TO Judgments or other proceedings against
State, county, or township officers, or 10 execu-
tors, administrators, or guardians, for msfeasance,
ma feasance, or nonfeasance in office, nor TO pro-
ceedngs against attorneys for failing to pay over
moneys by them collected such, to any
Judgment, order or decree agains. any bank, sa
wings institution, or insurance company, nor TO
judgments rendered against the principals n any
bond.
SEC l2 The Judges Of Circuit and Probate
Courts are hereby authorized in all casses where
executors, administrators, guardians, other
trustees cannot sell the property of their resPec.
tive trusts, realize the claims in their favor by
son. in either case, Of the want Of bidders for
to be sold bv order of court, or under
execution 10 make an order and the same
to be entered upon the order book Of the proper
Court, suspend all proceedings and enioning all
actions against such executors admnIstra tors,
guardians, trustees, unit! such property can be
sold or such claims can be realized
SEC. l3. No execution shall issue any
judgment, order, or decree. entered by any cir
cult probate court Of this State, directed to
any other sheriff than The sheriff of the county
in which said defendant actually resides. unless
the plaintiff or his attorney will make affida-
Wit before the clerk Of the court at which said
Judgment rendered. that said defend has
not sufficient property, deducting encumbrances
in the county which he resides, to satisfy said
judgment, order or decree, then and in that case,
the clerk of the proper circuit court may issue an
execu ion to any other county in this State, and
in that case, the clerk shall endorse on the back
of said execution, such affidavit; otherwise i,
shall be void.
SEC. IL. This ac, shall be published in the
Indiana Journal and State Sentinel, and shall be
in force in each county in the State, upon the f.
ling copy thereof in the Clerks Office of the
counties, and il Is made Ire duty OF
the Secretary of State TO forward a printed copy
TO each Clerk. Immediately after its publication.
and Of the Clerks Of the several circuit courts to
note the time of fling thereof in the order book
Of said court; and ali laws coming within pur
view of this act be. and the same are hereby e.
pea led ; and nothing ia the revision Of the laws
az the present session shall be taken and constru-
ed To contravene or repeal any OF the provisions
Of this act.
THO J. HENLEY. Speaker Of the House Of Reps
THOMAS D. wALPOLE. Pres, Of Senate. pro, tenn.
A Approved, February Il,h, l643- SAM. BIGGER.
INDIAN A, to.wit:
TINS cERrFIEs, that the foregoing is copy of
The original roll Oh file in my Office.
In testimony whereof have hereto my hand. and ax.
ed the seal of said State, indianapolis, the ll'h
"@ day of February. l543.
wM. SHEETS. Sec'y of State.
nrOniors certainly do not add 10 the sweet
mes. Of lady's breath. though in fact they really
DO add TO the fragrance Of flowers. lie, one Of
Ia larn