Nebraska advertiser., 1860-02-09


SEC. 1. Be it enacted by the Council
and House of Representatives Of the Ter
ritoFy of Nebraska. That on all iudg-
ments and DEGREES hereinafter rendered
in any of the District Courts of this TEL
ritory, there shall be a stay Of execution,
order of sale, as the case may be, as
hereinafter provided
Sec. 2. The or1er of sale on all de-
crees for the sale Of mortgaged premises
shall be stayed for the period of one year
from and after the rendition Of such de-
cree, whenever the defendant shall desire
such stay, and shall within twenty days
after the rendition Of such decree file
with the clerk of such court a written re-
quest for the same, provided that if the
defendant make no such request within
said twenty days, the order of sale may
issue immediately after the expiration
thereof.
SEC. 3. Execution on all judgements
hereinafter rendered in said courts shall
be stayed for the period of one year from
and after the rendition thereof, provided
the defendant shall within twenty days
after the judgment is obtained show to
the satisfaction of the clerk of such court
that he or she is the owner of real estate
in the county of sufficient value over and
above encumbrances to pay such judg-
ment.
SEC. A. On all other judgments or de-
crees of said court, execution or order Of
sale, as the case may be, shall be stayed
for the period of one year, whenever the
def't, within twenty days after the rendi-
ton thereof, shall enter into a bond to
the plaintiff, with one or more sufficient
securities, residents of the county, to be
approved by the clerk Of such court, con-
ditioned for the payment Of the amount Of
snch judgment os decree, together with
the interests and costs that may accrue.
Sec. 5. That the ffty-eighth section
of an act entitled an act to establish a
code of civil procedure, approved Nov
l, 1858, be so amended as to read as fol-
lows: .i-'-
Whenevsr the time for bringing parties
into court is not fixed by statute, the sum-
mons shall be returnable on the second
Monday after the day Of It's date, but
when issued to any other county than the
one in which the action is brought, It may
be made returnable at the option of the
party having it issued on the Sd or 4th
Monday after its date. 1t shall state the
day Of the month on which it is return
able.
Sec. 6. That section one hundred and
two Of an act entitled an act to establish a
code of civil procedure, approved Nov. l,
1853, be so amended as to read as fol-
lows:
The answer or demurrer Of the defen-
dant shall be filed on or before the third
Monday, and the reply or demurrer of
the plaintiff, or on before the fifth Mon
day after the return day Of the summons,
or service by publication.
SEC. 2. The supoenas in Chancery
shall be made returnable within the same
times as is provided by the fifth section of
this act for the return of summonses in
suits at law, and in cases where the def
endant may be brought in by publication
of noti;e, in suits in chancery, the defen-
dant shall be required to. appear and an
swer on a day named in the notice, and
IN all Chancery suits the issue shall be
made up in the same manner as respects
the times of filing the respective plead
ings, as is provided by the sixth section
of this act in suits at law.
SEC. s. That section 446 IF an act
entitled an act TO establish a code of civil
procedure, approved Nov. /, 1853, be so
amended as TO read as follows:
Whenever hereafter execution may be
levied on any lands and tenements, the
officer levying the same shall call an in-
quest of two disinterested freeholders,
who shall be residents in the county
where the lands taken on execution are
situated, and administer to them an oath
impartially to appraise the property so
/ levied upon, and such officer together
with said freeholders, shall appraise. said
property at its real value in money, and
each appraisement shall be signed BY such
officer and said freeholders respectively.
Sec 8. That section 447 of an act en-
titled an act to establish a code of civil
procedure, approved Nov. l, 1853, be so
amended as to read as follows:
The officer holding such appraisement
shall forthwith deposit copy thereof in
the office of the clerk Of the court from
which the writ issued, and shall immedi-
ately advertise and sell said real estate
agreeably to the provisions Of this title,
but in no case shall he sell any such land
for less than two thirds the appraised va
lue thereof.
SEC. 10. That section AS of an act
entitled an sct to establish a code of civil
procedure, approved Nov. /, 1853, be so
amended as TO read as follows:
That nothing contained In this and the
preceding sections of this title shall In
any wise extend to affect the sale Of any
land by the Territory, but all lands there
in the property Of individuals indebted to
the Territory for any debts or taxes, or
in any other manner, shall be sold with
out valuation for the discharge Of such
debt or taxes, agreeable TO the laws for
such case made aud provided
/ Sec. H. That all sales os lands and
ltenements under any decree or order in
chancery shall be in accordance with the
provision regulating the sale Of real es-
tate on execution as provided in this act.
SEC. l2 That In all cases where real
estate may hereafter be levied upon by