Richmond palladium., 1843-02-25
LAW OF IN Ola N A.

property to e1cculion," approved Jan. 8, 1912
SEC. l. Be it enacted by the General Assembly
of the State Of Indiana, That no property OF any
description whatever, either real or personal,
shall be sold execution, or by virtue OF any
other process issued by any officer OF this State,
for a less sum than It's fair vauo at the time OF
such sale, after deduciing all membranes there
on, except as hereinafter provided.
SEC. 2. For the purpose Of ascertaining the
value of any property, either real or personal, le
Wed on by any officer, by virtue of any execu
.ion or order of sale founded on any Judgment
order decree, tho execution plaintiff or plain
slffs, hIs her, or their agent or attorney may Sc.
iect ono appraiser and The defendant or defe nd
snnts another, each Of whom shall be dlSin terost
ed residents and househodcrs Of the township in
which such Ievy may be made, who shall proceed
10 make Just and true valuation thereof, IN the
manner prescribed by tho act TO which this IS an
amendment; and in the Two appraisers thus
chosen shall not agree upon tho value Of the
property thus levied upon, they shall choose n
third person Of like qualification, in which case
the appraisement OF any two OF Them shall be
deemed and taken TO be the value Of such proper
iy; aud which apprai ,ement when made and exc
cu,ed shall be delivered The officer making such
lew, TO be by h,m returned and filed with the
ecu,ion or other process under which such levy
was made: Provided, howerer, That in all cases
where either Of the parties shall neglect or refuse
select appraiser as aforesaid, or IN case any
person when selected shall fail or refuse 10
as such, II shall be tho dlty Of The officer hold
ing such execution or order of sale, to appoint
some person persons having the qualifications
afores 3D. in the place and stead Of such person
or persons so refusing or failing 10 serve: Pfori-
ded further, That whenever any execution de-
fendant defendants shall elect 10 have his or
their property, either real or personal, appraised
under the provisions of this net he shall not be
permitted to waive such apprsisenent-
SEC B. Whenever officer shall
property 10 sale on anv execution order of sale,
founded On any Judgment. order or decree, accor
dug 10 tho provisions of this ac:, and the snme
or any part the rco cannot be sold for its appras
ed value aforesaid It shall he the duty of the
officer holding snch execution, or oder of sale,
to make endorsement thereon To that effect;
and thereupnn, either party may have re-vaiu
alton of such property remaining uDsod in
The manner prescribed by the second section Of
this act, which said re-valua,ion shall be at the
cost of tho party demanding the same; but
no property shall he appraised moro than three
times during the lifetime Of any one execution or
order Of sale.
SEC. 4. Whenever any property levied upon
by virtue Of any execution or order OF sale shall
remain unsold for want Of bidders, the plaintiff or
pa iffs, his, her, their agent or attorney may
cuuse the same to be re-offsred, no. exceeding
three times during the life Of any ore execution
or order Of sale. the sheriff or other officer giving
due notice of the time aud place thereof: Prori-
ded, ho,rcrer. That # such property shall not be
sold when reofered aforesaid, then a nd IN that
case, the plaintiff or plaintiffs shall pay the costs
occasoned thereby.
SEC j. Whenevar any property levied upon
by virtue vf any execution or order OF sale, shall
remain unsod on The return day OF any such
writ. it shall be the duty vf the officer 10 return
the with endorsement of his doIngs
thereon, which return shall constitute lien up
such property remaining unsold; and there
upon il shall he the duty of the clerk or Jns,ice
of tho peace into whose office such writ may be
returned, to issue wrii Of renditioni frponds or
alias order Of sale, directed to the proper officer,
commanding him o proceed to sell such property
so remaining un.old aforesaid, in which case
either party NAV have the same re valued, and
the plaintiff may have the same -offered, the
manner and under the same limitations and re-
siricrons provided for on the first execution
order Of sale.
SEC. g. Whenever any property shall be le /
We'd upon by virtue of any execution order OF /
sale. or whenever the same shall remain unsold in
the hands Of the officer. for want of bidders, the
execution defendant defe ndants shall have the /
right TO the possession thereof by executing. and
delivering the officer holding such writ, bond,
with good and sufficient sureiies, to the accep-
tance of such officer, IN double the value Of such
property, conditioned for the delivery of such !
property to The proper officer, al such time and
place NAV be appointed for the sale thereof:
and cnndiionej furhe that said defendant de-
PENDANTS NAV sell said property at private sale
and when Sold said defendant or defendants
shall paw theapprased value thereof to the plain
tiff plaintiffs. 10 be spplied to the satisfaction
Of the Judgment, order. or decree. on which such
execution or other process NAV have issued.
SEQ. 7 When more live mals are
lev led on, IT the defendant fails give deiive.
~ bond for the same. the sale thereof shall take
place within fifteen davs after the levy thereof,
on giving ten DAYS notice required in case Of
- al ,1z,o
less the plaintiff or defendant shall either OF Them
voluntarily d~frav the expenses of keeping the
same. Proriied. that If in such case such animal |
animals, are not sold under such execution or
process, tho defendant may take possession Of the
same. but the same shal! be subject tho lien Of
such execution or process.
SEC. s. All executions issuing from the cirruit
probate courts or Justices Of the peace, shall