Daily Democrat and news. [volume] (Davenport, Iowa) 1859-1864, 1860-04-23
Chapter lag.

FsUe Ia xtepu0ttQue!
Chapter l32.
An act to provide for the sppraissment Of
property sold under execution.
sncrlox l. Be it enacted by tie General A.
sens6ly Of tie State Of Iova. That NO goods,
chattss, lands or tenem ents shall be sold exc.
cution Issued from any Court, for less than two
thirds Of the fair value thereof, ct the time Of
sale, exclusive Of oil liens, mortgages or other
Membranes thereon, except ~ hereinafter
provided
Szo 2 The officer to whom any such writ
shall be delivered to be executed, shall, before
sale. unless Otherwise directed by the execu-
toner in debtor. proceed to ascertain the value
Of such property.
&c. 3. For the purpose Of ascertaining the
value of the property to be sold under execu
ton, two disnterested h0useholders of the
neighborhood ehsll be selected az appraisers !;
of Que whom shall be chosen by the execution
debtor. and the other by the plaintiff, his at
torney or agent or attorney. by the officer exc
cutting such writ and said appraisers shall
| forth with proceed to value such property &C
cording 10 is fair value at the time, and in
ease Of their disagreement as to euch value.
they shall choose another disnterested house.
| holders of the neighborhood. and with his as
The valuation to sworn to by the appraisers
SEC. f. II the execution debtor shall fail to
choose an appraiser within three days after
| notice Of such levy served on him or his attor-
| ney, by copy or reading, such officer shall
| choose an appraiser for him who shall proceed
| in oil respects as if he had been chosen by the
execution debtor.
Sic. s. In case any Of said appraisers shall
| fail to complete euch valuation, the plaintiff
his agent or attorney, the officer in their ab-
| sence, or the execution debtor, or the apprais-
ers if two remain, who were first chosen, as
the case may be, shall choose an appraiser 10
the place of the one before chosen by him. or
them, and refusing to act; or If such execution
debtor shall in such case fail to choose such
appraiser within two days after notice Of such
| refusal to act by the appraiser chosen by him.
| such officer shall choose an appraiser for him,
| and any appraiser thus chosen shall immedi-
ately proceed in ell respects 40 If he had been
chosen in the fret instance.
SEC 6. Upon the completion of such ap.
praisemsnt the said appraisers shall return to
| the officer schedule of the property appraised,
with the value Of each lot, tract or parcel Of
real estate, and Of the several articles Of per-
sonal property which may have been levied
upon by virtue of such execution. Whenever
any properly thus appraised, cannot be sold
for twothirds of its valuation, it shall be the
| duty Of the officer by whom such levy shall
have been made when he returns such execul
ton, to return such appraisement Herewith,
stating in his return such failure to sell.
Sec Z. Such levy and return shall constitute
and remain lien on the property thus remain
ing unsold, and . writ Of venditioni erponas
may issue for the sale thereof az in other cases
SEC 8. When any such writ Of venditioni e.
oh~n nSkh orN ekv h.
| uation Of the property levied upon, by paying
ing the expenses Of such rsvaluation.
SEo 9. The officer to whom such execution
may be directed, shall proceed to sell without
| unnecessary delay, but shall not offer the came
property more than once, under the same exc
cution, unless the execution creditor will nav
tho cost and charges Of such additional offer to
| cell.
Sec 10. Execution shall not issue on any
judgment more frequently than once in six
months, unless at the cost and charge of the
plaintiff.
SEC IL. Property conveyed by . debtor
with interest to hinder or delay collection or
defraud creditors shall be sold without ap-
praisement
sro L. 1t shall be lawful for any judgment
debtor to have his real estate sold on execution
| subject to redemption - is provided BY Law,
same by the officer having control of the writ
and files his notice in writing. of election. with
the clerk of the court issuing the writ, the off,
Ger shall proceed to sell subject to redemption
and shall execute to the purchaser certificate
| Of purchase.
Sec l3. When real estate is sold after an.
praisement according to this act. the officer on
| the payment of the purchase money shall exc
cute to the pure chaser or purchasers, deed or
deeds, which shall convey al the interest on
| which the judgment operated IS q lien, or
| which the debtor acquired after judgment and
before the sale, and the said deed when exc.
cuted according to law shall be presumptive
evidence Of the regularity of the judgment
of sale.
SEo IA. The appraisers provided for in this
act shallbe allowed fifty cents in each case for
their services, Provided that in ell cases where
the time necessarily required exceeds FIVE
hours they shall be allowed an additional COM
pensation Of ten cents per hour.
SEC. Is. All acts or parts of acts inconsis.
tent with tho provisions Of this act are hereby
repealed.
JOHN EDWARDS,
Speaker of the House Of Representatives
NICHOLAS J. RUscH,
President of the Senate
Approved April 3. 1860.
SAMUEL J. HARDWOOD,
CAAPTER 146.
Al - t.