Iowa territorial gazette and advertiser. [volume] (Burlington, Iowa Territory [Iowa]) 1840-1846, 1843-02-25
BURLINGTON, IOWA, SATURDAY FEBRUARY Is ls43

return Of his doings thereon % in other
cases, and in oil cases ia addition 20 the
above notifications Of such sales, the o..
f''er shall give notice in writing to tho
defendant N execution or leave such no.
tico at his last or usual place Of abide.
Sc. TO- That whom any Sheriff OF
Other Officer who may have sold any real
estate under the provisions vt this act,
shalt previous to making deed there,or
to the purchaser go out Of Office by death,
resignation removal or Otherwise. u shall
bt. the duty of tic Successor in off g Of
sucl. officer to make ,hc necessary deeds
to purchasers: Provided, The purchase
money has been duly paid.
SEC ~. That if il shall appear upon
the face of any writ or execution, or by
endorsement thereon made by the officer
issuing the same, that my ono M the
persons agains. whom the san,e may I've
'ssue'. Is only security Tor my one or
more Of the persons against whom such
execution may have been issued. the ofii-
Ger executing the same, shall first sell 50
much VI the estate OF the principal DE-.
PENDANT or defendants named in such exc.
cu'ion as he muy b. ab!e 10 tind before h.
shalt sell any Of The estate vi such Sc
curity or securities, unless such officer
may be otherwise directed by suci, securi-
~ or securities.
SEC. l2. That when any person OF
persons other than tho defendant or de.
PENDANTS. by himself, herself, or them
selves, his, her or their agent Or attorney,
shall present claim in writing ~ the
officer holding such executions, M.lt .ng
forth that suc!. person or persons is or are
the "wneror owners III, unI have just
claim to any personal property levied
upon by such "ffi,er by v,.iuc ut such
execution, specifying the article or ar
tlcles. item or lte,ns vi property 80 alleged
to be owned aud claimed, II shalt be the
duy Vi sucl, officer having levied ON sucl,
y oicity as aforesaid, 10 fie the said
c'a'm without delay III ,l,.. office ., some
Jusllc. Vt the Peace. in the proper coun.
~ Aud the said Justice shall ihereu,.u
proceed to d., ke, the cause, making the
Claimant the pta.n:,tf, and the execution
plain,ltf the defendant, and Tx day Tor
trial, within five days thereafter, Of
which the parties Interested, their agents
OF attorneys shall! have three days no.ice.
un.ess the same be waived. aud q s,ecd,cr
trial agrsed I" by the said parties; aud
iur,I'er proceedings on such execa,.....
si'aii be suspended until such clam may
X: nha,e, ar u tinal decision thereon had.
SIT. Is. Achunge Vi venue ,nny lie
grained, taM inunmces bud. new TRAITS u.
wartied, Judgments aud executions aud
either pr.r.e .in!s had il SUCH Gnu Il. u il
other c,v., causes had Le,nre Justice of
the Peace, SD inr as tho rules in SUCH las,
mentioned causes arc applicable except
40 harei, otherwise provided.
SEC. ~. such Justice shalt hear and
Try such cause, unless either party should
request a Jury,,n which case Jury sha,l
b. summoned ~ in other cases before
Justice OF tho Peace, To try such cause
aud give. verdict. on winch judgment
shut be rendered % ia other cases, 80 lar
Us app'.cabls.
SIC. Is. II .as Judgment !. 10 favor
III the Claimant, The property in dispute
shalt bs: delivered tn hnn. and the exc
cu'i n plaintiff shall pay the Gusts lit
IL against the claimant, the costs shalt be
paid by such claimant, aud tho judgment
shalt Justify the ot6cvr in selling the pro.
perry.
SEC. Is. An appeal may be taken
i'oM he judgment Vi the Just,cs in any
suciI cause within ,cn Gays irmn the ren.
tlltion thereof. and not atier. under the
SAM rules sud provisions that obtain in
other cases before Justices ot the Peace
SIC. IL. No claim in,erposaA nv one
or more. partn.ss tor their individual in
tcrest in any personal property 90 levied
an, shall prevent tho sale under cxecu
ton nf the undivided interest er.in, be
longing 10 MA execution defendant de.
=l.lIIamts.
SEC. Is. Personal property taken by
virtue vi writ 81 attachment may be
claimed. and such lurtter proceedings
thereon hal as is herein provided ia
cascs vi personal property taken in exec
cution: Provided, Tina, nothing herein
.hal' be construed % prevent the claimant
III properly taken as aforesaid, from,
seeking h.s remedy IN An action OF re-
plevin. deiinue, trespass or trnver, and.
Provided further, That no officer shall
be liub!e to any prosecution Tor taking any
gosls ,n execution in the p s>essiOn ot
the defendant, unless notified or informed
Of the ownership thereof, previous to the
sale oi such goods under execution.
SEC. 10. I'ha tho clerks of the dis.
ir'ct court may upon request i~sne exc
cu,ions directed IL the proper officer al
any county WITHIN this Tertiary. whose.
duty It shat be to oh.y and execute the
same AMI rake the return hereof to the
Officer who ISSUED the sar.e, ac.,,. ding L.
the provisions Of this act; and whenevcr
an execution shall BE- issued in any cou. "
il, this Territory. or from tho Supreme
Court, directed to the Sheriff ar Coroner
Of Any other county. il shalt IL. lawful
Tor such Sheriff or CorDner. having re.
ceived such execution. and discharged all
ths duties required therein BY law, to en-.
close such execution aud forward the same
by mail to the clerk at the court who is
sued the same; aid on proof being made
BY such Sheriff or Coroner that such exc
cu,i.:n was mailed . reasonable and sufli
cient ,ims 10 reuch the office from whence
i was issued wi hin tho time prescribed