Muscatine weekly journal. [volume] (Muscatine, Iowa) 185?-1890, 1858-05-08

w tlc pldCC uco1SHAGeu, LUZ Six cOnSeC.
utive weeks, and one week in daily,
if there be daily paper
5. The marshal or sheriff adver-
Using such goods, wares or merchandise
as aforesaid, shall, at the time and
place designated in the notice, put up
at auction foa sale to the highest bid
der, such goods, wares and merchan-
disc in such parts and parcels, as to-
such marshal or sheriff may appear.
best to effect profitable sale.
9. Nothing contained in this act
shall be so construed as to prevent the
sale Of pershable or damaged goods i'm
mediately on their coming into the pos
session and being uncalled for, of any
forwarding and commission merchant
or other common carrier, but such sale
must be made by marshal or sheriff
as contemplated in this act, only on the
affidavit Of the person having the pos
session thereof, that such property is
perishable, and the longest possible no.
tice mus; be given Of such sale in a dali
ly paper if there be one in the place, if
not by such other publication as NAV
carry out the intention and provisions
Of this act.
81. That said officer shall pay to
the person or persons having lien on
said property the amount thereof, Pro-
vided, the proceeds of the property
sold, shall after paying the expenses Of
sale be sufficient for that purpose, and
the excess shall be by him Forthwith de-
posted with the county treasurer, sub
ject to the order Of the owner, said
ownership being properly authenticated
under oath, said officer shall also file
with the county judge a schedule of the
property, the sum realized from the
sale Of each separate package, desert
bling the same, together with copy of
the advertisement as hereinbefore pro-
vided, and said officer shall be entitled
to such fees therefor as are legal in ca
ses Of sale under execution.
8. Should the owner of the prop
erty sold, not make demand upon the
county treasurer for any money that
may be in the treasury to his credit &C.
cording to the provisions of this act,
the sum so unclaimed shall be accoun-
ted for by the county treasurer and
placed to the credit Of the county in
the next subsequent settlement n ade by
the treasurer with the county, and
should the sum so uncalled for or un-
claimed, remain unclaimed and uncalled
for during the period of one year. it
shall then be paid into the school fund,
to be distributed as other funds may be
by law, which may be raised by a tax
on the property of the county. But
nothing herein contained shall be bar
to any legal claimant from presenting
and proving his claim for such money
at any time within ten years, and the
claim being within that period present.
ed and proved, it shall be paid out of
the county treasury in which it was
originally placed without interest.
6. This act to take effect and be-
in force from and after its publication
in the Iowa Citizen and Iowa State
Journal.
STEPHEN B. SHELLEDY,
Speaker of the House Of Reps.
ORAN FAVILLE,
President of the Senate.
Approved, March 22d, 1858.
RALPH P. LOWE.
Office Of Secretary of State. J
Des Moines, March 22d 1853. {
l hereby certify that the foregoing
is true copy from the original roll on
file in my office. ELIJAH SELLS,
Secretary of State.
.Ae act to authorizing Courts to set
aside sales Of real estate, sohere
there ,Uas no title an the judy
msent debtor at the time Of the eyy.
SECTION 1. Be 1T enacted 6y the
General assembly Of the State Of
Zo,0a, That where any person has here
tofore or shall hereafter purchase at
sherif,'s sale, any real estate on which
the Judgment on which the execution
issued was not lien at the time of the
levy, and which fact was unknown to
the purchaser, the District Court of tho
county shall set aside said sale on ap-
plication, notice having been given to
the debtor ten days before the sitting
of said Court, and new execution may
be issued to enforce the Judgment, and
upon the order being made to set aside
the sale, the Sheriff or judgment credi-
tor shall pay over to the purchaser the
purchase money.
5 2. This act to take effect and Be
in force from and after its publication
in the Tri-Weekly Citizen and Tri-
Weekly Iowa State Journal.
STEPHEN B. SHELLEDY, III.
Speaker Of the House Of Reps.
ORAN FAVILLE,
President of the Senate.
Approved March 22d, 1858.
RALPH P. LOWE.
Office of Secretary of State, }
Des Moines, March 22d 1858.
l hereby certify that the foregoingis
, true copy from the original roll on file
n my office. ELIJAH SELLS,
Secretary Of State.
fl" act frsng punishment for mall
caous mischief: ug:
SECTION l. Be 1t enacted be- the
Isneral assembly Of the State Of
'oUa, That if any person maliciously
nJure, break, or cause to be broken,
my levec erected to prevent the over
low OF land within this State, such
person so offending shall upon oonvic-
ion be punished by Imprisonment in