St. Charles City Republican intelligencer. [volume] (St. Charles City [Charles City], Iowa) 1857-1861, 1860-05-10
An Act to provide for the appraisc
ment Of property sold under cxccu

An Act to provide for the appraisc-
mcnt Of property sold under cxccu-
ton.
SECTION |. BE 1t ea0ctcd by tie Gen
sral assembly Of tie State Of Io,ca, That
no goods, chattels, lands or tcncmcnts
shall be sold on execution issued from
any Court, for less than two thirds of
the fair value thereof, at the time of
sale, exclusive of all liens, mortgages
or other membranes thereon, cx-
ccpt as hereinafter provided.
SEC. .. The officer to whom any
such writ shall be delivered to be cx-
ccutcd, shall, before sale, unless other
wise directed by the execution debtor,
proceed to ascertain the fair value Of
such property.
SEC. 3. For the purpose of asccr-
tanning the value of the property to
be sold under execution, two disiutcr-
estcd houscholders of the ncighbor-
hood shall bc selected as appraisers,
one of whom shall be chosen by the
execution debtor, and the other 10y the
plaintiff, bis attorney or agent, or in
the absence of the plaintiff his agent
or attorney, by the officer executing
such writ !; and said appraisers shall
forthwith proceed to value such prop
erty according to its fair value at
the time, and in case of their dsa-
grccment as to such value, they shall
choose another disintcrcstcd house
holder of the ncighborhood, and with
his assistance they shall complete
such valuation. The valuation to be
sworn to by the appraisers.
SEC. 4. If the execution debtor shall
fail to choose an appraiser within three
days after notice of such levy served
on him or his attorney by copy or
reading, such officer shall choose an
appraiser for him who shall proceed
in all respects as if he had been chosen
by the execution debtor.
SEC. >. In case any of said apprais-
crs shall fail to complete such valua-
ton, the plaintiff, his agent or attor.
ney, or the officer i'll their absence, OF
the execution debtor, or the apprais.
crs if two remain, who were first
chosen, as the case may be, shall
choose an appraiser III the place OF the
one before chosen by him, or them,
and refusing to act or if such cxccu
tion debtor shall in such case fail t.
choose such appraiser within two
days after notice of such refusal tC
act by the appraiser chosen by him
such officer shall choose an appraiser
for him, and any appraiser thus chosci
shall proceed in all respects as if he
had been chosen in the first instance
SEC. &. Upon the completion Of sucl
apprasemcnt the said appraisers shal
return to the officer schedule of tn,
property appraised, with the value o
; each lot, tract or parcel of real estate
and of the several articles of persona
property which may have been lcviet
upon by virtue OF such execution
Whenever any property thus ap
praised, cannot be sold for two third
Of its valuation, it shall be the dut,
of the officer by whom such levy shal
have been made when he returns sue
y eXccutian, to return such appraisC
e mcnt herewith stating in his retur
u such failure to sell.
c SEC. I. Such levy and return sha'
constitute and remain a lien on til
property thus remaining unsold, an
a writ Of rendiitom erPoaas may issu
for the sale thereof as in other cases
SEC s. When any such writ Of re'
l. dttioai erponas shall issue, either part
may have a re-yaluation of the prof.
l. erty levied upon, by paying the e.
y , pensc of such re-valuation.
/, SEC. 0. The officer to whom sue
lie execution may be directed shall pr,
re coed to sell without unnecessary d,
&c lay, but shall not offer the same proI
st erty more than once, under the sam
N execution, unless the execution ere,
ID itor will pay the cost and charges {
II such additional offer to sell
n SEC. 10. Execution shall not issu
~ on any Judgment more frequently tina
OF once in six months, unless at the CO:
" and charge of the plaintiff
SEC. III. Property conveyed by
- debtor with interest To hinder or d
, lay collection or dcfraud creditor
shall be sold without appraisemcnt.
SEC. IL. 1t shall be lawful for al
' Judgment debtor to have his real q