, 1854-07-01

the claimant shall pay the costs, where the
claimant RECEIVERS all the properly iudg-
ment shall be given in favor Of the claimant
for costs, where the claimant RECEIVERS a
portion of the property only, the costs shall
be apportioned. When the plaintiff pre-
walls the costs nmy be taxed against the
defendant who was plaintiff in the execu-
tion or attachment, or the court may, if
they shall be Of opinion that the sheriff at
tached or levied upon said property with
out the exercise of due caution, adjudge him
to pay the costs or any portion thereof.
SALE OF PROPERTY TAKEN IN EXECUTION.
Sec 260 Before the sale of property
on execution notice thereof shall be given
as follows
list. In case of personal property, by
posting written or printed notice of the
time and place of sale, in three public pla-
ces of the county where the sale is to take
place, not less than fifteen days before the
day Of sale. a.
I'd. In tease of real property, by posting
a similar. notice particularly describing the
property.in three public places of the coun-
ty where the property is situated, one of
which shall be where the property is to be
sold for four weeks prior to the day of sale
and publishing a copy thereof once a week
for the same period, in newspaper Of the
county, if there be one, or if there be none,
then iu a newspaper of the Territory pub
lished nearest the place of sale
Sec. 2Gl. All sales of property under
execution shall be made by auction, between
nine o'clock in the morning and four o'clock
in the afternoon, after sufficient property
has been sold 10 satisfy the execution no
more shall be sold, neither the officer hold
| ing the execution, nor his deputy shall be-
come a purchaser or be interested in any
purchase at such sale, when the sale is Of
personal property capable Of manual deliv-
cry, it shall be within view of those who at
tend the sale, and be sold in such parcels
as are likely to bring the highest price, and
when the sale is Of real property, and con-
sisting of several known lots or parcels,
they shall be sold separately, or when a
portion of such real property is claimed by
a third person, and he requires it to be sold
separately, such portion shall be thus sold.
Sales Of real property shall be made on the
premises if occupied by the defendant or
any person holding under him, otherwise
such sales shall be made at the court house
door.
Sec. 262. The form and manner Of sale
of real estate by execution, shall be as fol-
lows:
The sheriff shall proclaim aloud, at the
place Of sale, in the hearing Of all the by
standers-"l am about to sell the following
tracts of real estate, (here reading the des-
cription,) upon the following execution :
(here reading the execution.) He shall
also state the amount which he is required
to make upon the execution, which shall in
cludc damages, interests, and costs, up to
the day Of sale and increased costs.
If town property, and divided into two
or more known lots, he shall ask,
lst. Who will pay this debt for a seven
years lease Of all these lots? If there is a
bidder, he shall then inquire
I'd. Who will pay the debt for o seven
years lease of any less number Of lots than
the whole? If there is bidder, he shall
inquire in respect to the smallest number
of lots, fora lease Of which any bidder is
willing to pay the debt.
Sd. Who viii pay this debt, for the
lease, for the least period Of time
If other lands, and divided into known
tracts or parcels, he shall make similar in.
quiries concerning the whole, and the sew
eral parcels, and the separate acres in each
parcel. If single tract of land, he shall
make similar inquiries concerning the
whole and the number Of acres. If there
is no bidder who is willing to pay the debt
for such lease of the whole, or Of any part
T know as separate lots, parcels or acres, he
shall then inquire who will pay the debt fol
the whole, or any known part, in lots, par,
GELS or acres, as the case may require. II
he shall have bidder, he shall then offeI
for sale to the highest bidder above the
debt, the lowest number of lots, or parcels
or acres for which any one is willing to pay
the debt. If he has no bid for the whole
or any portion equal to the amount of the
debt, he shall then offer the land for sale
the lots and parcels separately or together
as he shall deem most advantageous. All
land, except town lots, shall be sold by the
acre.
Sec 263. Where the land is sold by
the acre and any less number Of acres than
the whole tract or parcel is sold, it shall be
measured of to the purchaser in a square
form from the northeast corner of the
tract or parcel, unless some person having
an interest in the land shall, at the sale or
prior thereto and before the bidding is
made, request that the land sold shall be
taken from some other part, or in some
other form; in such case, if such request is
reasonable, the officer making the sale
shall sell accordingly.
Sec. 264. When any entire tract or par
eel is sold by the acre, it shall not be meas.
ured, but shall be deemed and taken to