The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-24

yivcn, for at least thirty days before the day of
'alo, by advertisement in some newspaper print |
cd in the county; or, in cnse no newspaper h, |
printed in the county, IN some ncwspn per in gen. |
nral circulation therein, and by putting up n n |
ldvcrtisemcnt upon tho court house door, aud in |
hve other public places in the county. two Of |
winch shall be in the township whore such lands |
and tcnemcnts lie. All sales ma dc without such |
advertisements shall be set aside, on motion, by |
the court to which the execution Is returnablc |
Sec 4J7 II the court, upon the return OF any writ
ol execution, for the satisfaction of which any lands
and tenemenis have been sold, shall, after having
carefully examined the proceedings of the officer be
satisfied that the sale has in all respects been made
IN conformity to the provisions of this title the court
shall direct the clerk to make an entry on the Jour
nal that the court is satisfied of the legality of such
sale, and order that the officer make to the pur.
chaser, deed for such lands and tenements; and the
officer, on king such sale, may retain the pur-
chase money in his hands, until the court shall have
examined his proceedings as aforesaid, when he
shall pay the same to the person entitled thereto a.
greeably to the order of the court
Sec 43o. The sheriff, or other officer, who upon
such writ, or wrts OF execution, shall sell the said
lands ana tenements, or any part thereof shall make
to IN purchaser, ,r purchasers thereof as good and
sufficient deed OF conveyance of the lands and ten
ements sold, as the person. OF persons agdnst whom
such writ, or writs OF execution were issued could
ho nave pGe % 81 ,ne same at or any time after they
sufficient evidence Of the legality of such sale, and
the proceedings therein until the contrary be proved,
and shall vestin the purchaser good and as per-
iect an estate in the premises therein mentioned
was vested in the party at, or after the time, when
such lands and tcnenens became iinble to the sa,is
faction OF the judgment. And such deed Of convey
ance, to be made by the sheriff. other officer, shall
recle the execution, or executions the substance
thereof and the names of the parties, the amount,
and date ot term ofTendtion OF each judgment, by
virtue whereof the said lands and tenements were
sold as aioresaid; and shall be executed, acknowl-
MI hill ILL IL,
to perfect the conveyance of real estate in other
ses ..t.a.'...
Sec, 49,. The officer who levies upon goods and
chatels, or lands and enements, or who is charged
WIN the duty OF selling the same by virtue Of any
wrtof execution, may refuse to publish notice Of
the sale thereof by advertisements in newspaper, un
I'll the party for whose benefit such execution issued,
his agent or Attorney shall advance to such officer,
so much money will be sufficient 10 discharge the
feesof the printer, for publishing such notice.
Sec. 44O Before any officer shall be excused from
giving the notification mentioned in the last section,
he shall demand OF the party for whose benefit the
execution was issued his agent or attorney lprovid:
cd either OF them reside in the county, the fees III
said section specified. -.
Sec. AL. All sales of lands or tenemerts under
execution, shall be held at the court house, in the
county IN which such lands and enements are situ-
nted. No sheriff, or orher officer, making the sale
OF property, either PERSONAL or real nor any apprais
er OF such property shall either, directly indirect.
purchase the same; and every purchase SO made,
| Sec 4i2. lflands and tenemenis levied on as a.
foresaid are not sold upon one execution other
cuons may be issued, to sell the lands SO levied up
on.
Sec. 443 In all cases. where two or more execu-
Hons shall put into the hands ofany sheriff, 9TH
er officer, and il shall he necessary to levy real
tate To satisfy the sumo, and either Of the judgment
creditors in whose iayorene or Of said execu-
lions Is Issued, shall require the sheriff. or other Off
GER TO make separate levy TO satisfy his execution,
or executions IL shabe the duty OF the sheriff,
tier officer, to levy said executions, or so many
thereof may be required on separate parcels Of the
real property Of the judgment debtor, debtors CIV
ing to the officer making the levy on behalf OF the
creditor, whose execution may by the provisions OF
this chapter be entitled To preference, the choice Of
such part of the real property of the Judgment debtor
or debtors as will be sufficient at two-ihirds of the
appraised value, to satisfy the same And in all ca.
ses where TWO or more executions, Which eptied
to no preference over eucl other, put into the
hands OF the officer, it shall be the duty of the
officer, when required, to levy the same separate
parcels ol the reul property OF the Judgment debtor,
or Debtors when, in the opinion oil the appraisers the
same may bn divided without material injury: and if
the real properly Of said debtors will not be sufficient
at two thirds OF It's appraised value to satisfy all the
EXECUTIONS chargeabe thereon such part of the same
shal be levied ON TO satisfy each execution, will
pear tho same proportion IN value to the whole,
'hc amount due on the execution, bears to the n
mount OF asl the executions chargeable thereon, ~
near MS may be, according TO the appraised value OF
each separate parcel OF said renl property.
Sec IA 1.-THE term OF Service oil the sheriff, or
oter oilcer. who has made or shall herenfter make
sale OF any lands and enements, shall expire; or if
the sheriff. or other officer shall be absent or be rem
defed unable by death, or otherwise to make deed
OF conveyance OF the same, any succeeding sheriff.
otiier oicer, on receiving certificate from the court
from whch execution was issued Tor the sale of said
lands and tenements signed by the clerk by order of
sald COURT setting forth that sufficient proof has been
made to the court that such sale was fairly and le
gay made; and, on tender OF the purchase money
or the same, or any part thereof be paid, then, on
proof oi such payment aud tender OF the balance il
any may execute TO the said purchaser, or purchas-
ers' or his or their legal representatives deed of
conveyance OF the said lands and tenements SO sold
Shcl deed shall be as good and valid in law, and
have the same effect as ii the sheriff. or other officer
who made the sale, had executed the same.
Sec: 445. II on any sale made as aforesaid there
shall be in !he hands OF the sheriff other officer
more money than is sufficient to satisfy the writ or
writs o execution with interests and costs, the sher
III or oher oiticer SHALL on demand, pay the balance
tives.
Sec ,4l6. II any judgment or judgments, in salts.
faction OF which any lands or tenements, are sold
shall at any time thereafter be reversed such rever
al shall not defeat or afsct the title of the purchaser
or purchasers; but in such case restitution shall be
made by the Judgment creditor of the moneys, for
whlch such lands and tenemonts were sold, with
lawful interest from the day Of sale,
sec l1i. NO Judgment, heretofore rendered or
which hereafter may be rendered, on which execu-
lon shall not have been taken and levied before
the expiration ofone year next after its rendition,
shall operate lien on the estate of any debtor to
the prejudice OF any other bopa de Judgment credit.
Or but in all cases, where Judgment has been or
may be rendered in the district or supreme court,
and special mandate awarded to the court of com.
mon pleas, to carry the same into execution, the lien
o the Judgment creditor shall continue for one year
alter the ilrs day OF the term ofthe court of common
pleas to which such mandate may be directed Mo-
lhlng IN this subject contained, shall be construed
TO deleat the lien OF any judgment creditor who shall
iaii to take ont execution and cause levy to be
made as herein provided, when such failure shall be
occasloned by appeal, proceedings in error nunc.
on, or ny vacancy in the office OF sheriff and coro-
her' or the inability OF such officer until one year al
ter such disability shall be removed. In all cases.
where real estate has been may hereafter be taken
on execution and appraised, una twice advertised
md offered for sale, and shall remain unsod for |
want OF bidders, il shall be the duty OF the court from
which such execution issued, on motion of the plain
li To set aside such appraisement and order a new
'no to be made, or TO set aside such levy and ap-
oroisement and award new execution 10 ISSUE as
Inc case may require .... ~
Sec, 44S. The sheriff or other officer, to whom a.
ny wit OF execution shall be directed shall return
'nch wi to the court TO which the is returna-
Die, within sixty days from the date thereof
Sec 4l9. In all cases where Judgment is render.
"a IN amy court ol record within this State upon any
'lher instrument OF writing, in which two or more
'ersons are jointly and severally bound and il shall
,e made to appear 10 the court by parol or other es.
imony, that one or more OF said persons so bound,
gned The same as surety bail Tor his or their CO.
IL CtenUnnt, II shall be the luty of the clark Of