The Council Bluffs nonpareil. [volume] (Council Bluffs [Iowa]) 1857-1867, 1860-04-14


Being advised that many Of our readers
were snxloas to know the measure q
srelief', meted out % them by the appraise-
mens Law. We eoncluded TO relieve them y
that anxiety, by Publishing the 40 itself.
II will be found below. BY suppl mental
act, the Legislature provided that the APP
prnsement law should be in force from and
after it. publication in the papers At the
Capital. We presume the last publication
has been made ere this, and that therefore
the subjoined &C. is the law Of the land:
SEcrIoxl. BE II enacted By the General
assembly Of the State Of foTa, That no
goods. -ci.attei., lan.s or ienements shall DC
sold on execution issued from any C0ufttor
less than TWO thirds OF the far value thereof,
Ut the time of SAFE, exc,u.ive of ali liens,
. mortgages or other membranes thereon,
except ns hereinafter provided.
| SEC. 2. The officers to whom any such
writ shall be delivered to be txecu, ed, shall,
brfOre sale unless otherwise directed by the
execution debtor. proceed to ascertain the
lair value Of such property.
SEC. s. For the purpose Ut nscertaininx
the vaiur OF the properly to br sold under.
,xrcution, two d,sint rested househOlders vi
the heghborhood -haIi BIZ sell cted y. ap-
praisers; one Of whom shall he chosen by
the execution debtor, and the utner By the
plaintiff, his attorney or agent, 0r ~ the alb
sence Of the p ainiiF his agent or attorney.
ny the o.leer sxscu,lng sucu VA; and sud
! appraisers shall forthwith proceed 10 value
such property according To It's fair value ~
the time. and in case vi their disagreement
rs to such value, they shall choose another
disinterested householder uf The neightpr-
hood, and with his as-istnnc- they shall COM
plete such valuation. the yasuatiJn to be
sworn to by the appraisers.
SEC. 4. If the execution debtor shall
fail 10 choose an appraiser With three days
aftes notice Of such levy served on him "r
his attorney by copy or reading. ~ officer
shall choose an appraiser for HIN who sh. ]
proceed in aN respects rs if he had been
chosen by the execution debtor.
Sec. s., In case any of said appraisers
shal tail TO complete such valuation, the
plaintiff, his agent or attorney. or the Of
fcer IN their ahseDcs or the execution debit
or, or the appraisers If two rrinain, who
were first chosen, as the case may b., shall
choose an appraiser in the place of the one
before chosen BY him, or them. and refusing
to ACT; or If such execution debtor shnil in
such case fail to chuo e such appra ser " tn.
in two days after notice Of such refusal to
net ny the appraiser chosen By hun. such
officer shall choose mn appraiser fo him. nnd
any appraiser thus chosen shall proceed ~
all respects us If he had been chosen in the
first instance. saa
Sec. 8. Upon the completion Of such
nppral>meut the said appraisers .hal. return
to The "ficer schedule Of tb- prop .rty np-
PRAISED, with the value of each lot. tract ~
parcel Vt real estate, and pf tie = ,vrral aui-
cies Of personal proper Y which nay have
been levied upon 10y virtu.' of such rxrrutI' m
Whenever any property thus appraised, can-
not he sold for two thirds # IT'S va.uatiun.
it shall be the duty Of the .fb;r by whom
such levy shall have been mad. v hen he re
turns such execution to re; u u su n appras..
ment thrrewr.l stating in his return such
failure Z, sell, ...
SEC. !. Such levy and return shall con
st't,ie and remain lien Oh the properly
thus remaining unsold. and writ on rendi
toni erpOnas may issue for the sale thereof
a. III other Cases. ..-
SEC. s. When any such writ Of rendi
toni erponas shall issue, either party may
have u reyaIuatiOn Of thu property levied
upon, by paying the expense Of such revalu-
alton.
SEC. 9. The officer to whom such e.ecu-
ton may be directed shall pr"c-e.: t. sell
without unn, cessary delay. bat shall not
offer tbs same property Tpnr. tn once,
under the same execution, unless the exrcu
ton creditor viii pay the cost and charges
of such additional Offer To ell.
SEC 10 Execute, u sha ] NOT ,ssu on any
Judgment ':ore frequently than once u six
months, unless at the cost and charge of The
plaintiff.
SEC. IL. Property conveyed bya debtor
with interest to hinder or delay cal!ectrrn or
defrauj creditors, shall be sold without up
prai>sment. ..--.
SEC. IL. 1t shall be lawful for any judy
ment d.ktur to h,v. his real .ntase sold on
execution subject to redemption .s is prosi.
dpd by law, and in case he 81 elects before
a levy on the same by the officer having !,
control of the writ, and files his notice IN !
writing, Of election, with the clerk of ,h.
Court issuing the writ, the officer shall pro.
coed TO sell .uhj'c &" red, mr',"n. AMI shall
execute to the purchaser n certificate of pur. /
chase.
DEC. 10. " men real eSthtP - - u hIlpT |
apprais, ment according to thi. net. tn "fh
Ger on the payment Of the purch"s' MONEY
shall execute to the pnrchn."r "r purchasers,
IL deed or deeds, which shall convey all thu +,
interest on which the judgment up. rated ~
n lien. or which the d 'htor acquired af,.r
the Judgment and before the sale. and the
said deed when executed according III law
shall be- pr-sumptue evidence ftha regular
ty nf tho Judgment amt sale.
SEC. IA. The appraisers pr"vid ID for in
this act shall be allowed Fifty cents in each
case for their services, Provided. that in all
cases where the time necessarily required
exceeds FIVE hours they shall be allowed an
additional compensation Of tn cents per
hour. .-.
SEC. Is. All acts or parts Of acts incan-
'istenr with the provisions Of this act as
hereby repealed. E.H
JoHN EDWARDS,
Speaker Of the House of Representatives
.... NICHOLAS J. RuscH,
F... President Of the ), nate.
Anorovcd Anril lS6D