The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1860-04-19
CHAPTER 1872.
An ACT to provide for the appraisement of
property sold under execution.

property sold under execution.
SECTION /. Re 1t enacted By the General
assembly Of the State Of lo,oa, That no
goods, chattles, lands or tenements, shall be
sold on execution issued from any Court, for
less than two thirds of the fair value thereof
at the time ofsale, exclusive of all liens, mort
g,ges or other membranes, thereon, ex
cept as hereinafter provided.
: Sec. 2. The officer to whom any such
writ shall be delivered to be executed, shall
before sale, unless otherwise directed by the
execution debtor, proceed to ascertain the
fair value of such property.
Sec For the purpose Of ascertaining
the yalue of the property to be sold ualer
execution. two disinter ssted holseholders Of
the neighborhood shall be selected as apprais
ers one of whom shall be chosen by the ex-
ecution debtor, and the other by the plaintiff
his attorney or agent, or, in the absence of
the plaintiff his agent or attorney, by the
officer executing such writ and said APP
praisers shall forthwith proceed to value
such property according to its fair value at
the time and in case of their disagreement
as to such value, they shall choose another
disntcrested householder Of the neghbor-
hood, and with his assistance they shall
complete such valuation. The valuation to
be sworn to by the appraisers.
SGc. 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 OFF,
shall choose an appraiser for him VIII, shall
proceed in all respects as if he had been chosen
by the execution debtor
Sec. 5. In case any of said appraisers
shall fail to complete such valuation, the
! plaintiff his agent or attorney, or the officer
in their absence, or the execution debtor, or
the appraiser if two renain, who were first
chosen, as the case my be, shall choose an
an appraiser in the pac, Of the one before
| chosen by him, or them, and refusing to act;
| or if such execution d,btor shall in such case
fail to choose such appraiser within two days
after notice of such refu sal to act by the ap.
praiser chosen by him, s, ch officer shall
choose an appraiser for him, and any apprai
ser thus chosen snail proceed in all respects
as ifhe had been chosen in the first in
stance
Sec 6. Upon the completion of such APP
praisn,nt the said appraisers shall return to
the officer sche lule of the property apprais-
ed, with the value Of each lot, tract or parcel
Of real estate, an Of the several articles of
personal property which may have been lev
iei upon by virtue of such execution
Whenever nv property thus appraised. can
not be sold for two third; of its valuation, it
shall be the duty of the officer by whom such
levy shall have been nal, when he returns
such execution, to return such appraisement
herewith stating in his return such failure
| to SELL
SEC. 7. Such levy and return shall con-
sttute and remain lien on the property
thus remaining u1sold, and n writ of gen1t-
toni erponrs my issue for the sale thereof
as in other cases.
Sec 8. When any such writ of Dneaitio-
nj eeooars shall Issue, either party may have
a revolution OF ths property levied upon, by
paying the expense Of such revolution.
Sec. .. The officer to whom such execu-
ton my be directed SHALL proceed to sell
without unnecessary delay, but shall not off
err the sane property more than once, under
the same executlon, unless the execution
creditor will pay the cost and charges Of
such additional offer to sell.
Sec. 10. Execution shall not issue on anv
judgement more frequently than once in six
months, unless at the cost and charge ofthe
plaintiff.
Sec. II. Property conveyed by debtor
with intent to hinder or delay collection or
defraud creditors, shall be sold without APP
praisement.
Sec u. 1t shall be lawful for any iudg-
ment debtor to have his real estate sold on
execution subject to redemption as is prov-
ded by law, and in case he so elects before
leavy on the 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 officer shall pro-
coed to sell subject to redemption, and shall
execute to the purchaser certificate of pur-
chase.
Sec. 10. When real estate is sold after APP
praisment according to this act, the officer on
the payment of the purchase money shall
execute to the purchaser or purchasers, a
deed or deeds, which shall convey all the
interest on which the judgment operated as
lien, or which the debtor acquired after the
judgment and before the sale, and the deed
when executed according to law shall be pre-
sumptive evidence of the regularity of the
judgment and sale.
Sec. IA The appraiser provided 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 ten cents per
hour.
Sec. Is. All acts or parts Of acts incon-
SiStent with the provisions Of this act are
hereby repealed.
JOHN EDWARDS,
Speaker of the House of Representatives.