Iowa territorial gazette and advertiser. [volume] (Burlington, Iowa Territory [Iowa]) 1840-1846, 1843-02-25

Postage NEST he paid or I'll sem,
60 this nftice
VALUATION l. STAY-LAW,
PASSED AT THE LAST SESSION OF THE LEG.
lSLATURE
SIcrlnH J.. Be- Il rnne tel bv the Couu
Gil aud House. of REPRESENTATIVES II The
Te, ri,ory III Iowa. That lie personal and
real estate Of every individual. company,
body polite or corporate, inc!,niing h,s,
her or their goods. chattels lands, ic,,...
inents mud hertii'a,nen,s. anI any title
ar equitable right to lands. whether un
der certificate from any Land Offic. ar
title hond tr0 ] any person Tor u war
ran'et' deed, or any right whatever to ,i,,.
l'ossessi"n oi lands, be and the snmc are
hereby made subjec, to execution, 10 be
taken and sold according I" the provis.
ions ofthis act: Provided, That necessa
~ wearing apparel shall no, he c.,nsid
cred as any part oi the estate Of any de.
iendan, or defendants in execution
SEC. Z. That hereafter, when any
wri, of execution may issue against the
goods, chatt..s IS, Innds, tenenMnts aud
Entertainments Of any defendant OF defe,.
dants, Il shall be the duty OF The Sheriff
or other officer to levy such execution
upon su,t, part "d the estate Of sucl, Dc.
PENDANT or defendants as ne, she or they
may direct; but II no such direction shall
" given. the mcssuage lamls ar tenn
ments Oh which, sucn defendant or deicm
dania anny br chiefly situated, shalt not
Le levied upon, unless sufficicncy al
other property TO satisfy the exec.,inu,
or executions in the hands ot the officers
sannOt tt: found. and in AL cases the real
estate nf execution defendants shalt b..
exempt from levy ani safe until no per
sonal estate vi such deiendan, shalt be
first levied upon aud sold. unless such
defendants voluntarily authorize the sn' =
upon execution ~ their req; estate: Pro
Sided. That n.Mhii,g herein enacted shaft
bt' SD construed IA to make i. the dny &c
any Sheriff ar other officer Il levy upon
and sell un execution property selected
tor that purpose by any execution de
tendant or defendants. ii Their. exists any
reasonable doubt whether such defendant
srs tsuch property 10 selected.
SIC. 3 That in all cases when Z
Sheriff Or other offi,vr shalt, by virtue
.ot sR execution, order or .ircrrt. OF nny
court al record, levy Lp,n any ;and aud
icnrmen,s. he shall cali ON nquest Vi,
three disin,eres'ed persons h.vn'g III.
qualifications oil jurors, VIM shalt ,o rrs
aden,s Within the township or pr,c,nc,
where the lands are ei,ma,r.t, n,ui admin
lister To them an na,l, or affirmation ~
partially to apprsiss snnl estate: so evit.J
on; and said appraisers shniI RETURN ia
said Officer. under their hands and S-a.s.
an estimate III the real value. ~ SAID -.
tate SD IL. led on. upon ac'nal virw &c
the premises forthwith. xlier such view;
and the officer receiving such return
shall deposite copy thereof, with ,mr-
iirular description ot said la.d, with the
Clerk Of the District Cuur, from which.
said writ issued, an! advertise. mud se.i
the same agreeably to thn pro-. isr,.s ut
,l'i. act, ~ hereinafter provided; aud IL
the said real estate. WHEN .:fer..d .ur
SAL, Shalt not sell lar ~" ,h,nis u. its
appraised value, ,l,c officer shat, ollie,
the said lands IT, the :.,ni,il his :,g,n.
or attorney. who n,ay 'ak.. the Sau,,. al
two thirds .! IT'S appra. scl Va ne; Gd IL
the said plaintiff ur execution credi ar
shall mu, accept III. SANE, tit. s,,l reut
es,uir shall not be offered Tor salc a.ni,,
on said ext cation. order nr decree, inr The
term III Twelve months tl..reaiirr, cx, rpi
at the cast Of the p!n,n:if IL, cx cu:;mn.
unless salt, be effected, when tho ..,st,
Of the sule shalt BIZ pad Nv the defend.
ant in execution: Provided, Tia, said
SheFiff or other officer making suri, levy
shnll, whenever ll.e said lands are J,yisl
~ levy N, such part a,,,i 80 mucI, there
v may he sufficient 10 satisfy such
lsa:u,iOn: aud provided. in all cases,
At real and personal property shalt sell
public outcrH, for the best price the
asJD will bring over and above the Two
iiSrds u ito Appraised value, according
-ayihe provisions OF this act, aud deed
in Ice simple, Conveying III. real estate,
d al 10 made to the purchaser, executed
BY the officer selling the same, which
shall be prsna jacia evidence Of the reg
ulariiy Of the uffi;er proras iings.
The provisions oltliis section shall ex-
tend 70 sales u real estate under deeds
Of lrnst. whether lhssaale b. by any Or
der or decree. of court OF otherwise.
SEC {. 'i'ha. II exs9l,ions 10 levied
on good4 And chatisis, the offi,s.r Icvying
the saqpG elsaii .sk4 To his assistance two
disinisIvsted l,slSOns having the qualiti
callGsas .: jurors, 10 whO,n lle shalt I'D
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