The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1860-04-25
CHAPTER la2.


4
SKcrIos l. Be It enacted bg The 0smeral
Assembly Of the State Of Iosc0, That no
goods, chattels, lands or tensments 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 oil liens,
mortgages, or other membranes thereon,
except az hereinafter provided.
SEC. 2. The officer 10 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. 8. For the purpose OF sscertaining
the value OF tho property 10 be sold under
| execution, two disinterested householdors OF
the neighborhood shall be selected ~ ap-
| praisers; one Of whom shall be chosen BY
the execution debtor, and the other BY the
plaintiff, his attorney or agent, or, in the alb
sence Of the plaintiff, bis agent or attorney,
| BY the of6cer executing suoh writ; and said
| appraisers shall forthwith proceed to value
suoh property according to its fair value 81
| the time, and in case. of their disagreement
| as to such value, they shall choose another
disinterested householder OF the neighbor-
hood, and with bis assistance they shall com-
| pete such valuation. The valuation to be
sworn to by the appraisers.
/ CkC* - ~ hu6 CxcCutIUu ucUbuf 1914
| to choose an appraiser within three days az
ter notice of such levy served on him or bis
attorney by copy or..reading, such officer shali
| choose an appraiser for him who shall pro-
coed in all respects as il he had been chosen
| by the execution debtor.
SIC. S. 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 appraisers, If two remain, who were first
| chosen, as the case may be, shall chose an
appraiser in the place Of the one before cho-
sen by him, or them, and refusing to act; or
| if such executions debtor shall 10 such case
fail to choose such appraiser within two days
after notice OF such refusal to act by the ap-
praiser chosen by him, such officer shall
choose an appraiser for him, and any ap
praiser thus chosen shall proceed in all re-
srects as If be had been chosen in the first
instance.
SEC. 6. Upon the completion OF such ap-
praisement the said appraisers shall return
to the officer . schedule OF the property ap-
praised, with the value OF each lot, tract or
parcel Of real cstate, and of tho several arti.
Giles of personal property which may have
been levied upon by virtue Of such execution.
Whenever any property thus appraised, can
not be sold for two thirds OF lis valuation,
| il shall be the duty Of the officer by whom
| such levy shall have been made, when be re-
| turns such execution, to return such apprAise.
ment Herewith, stating In his return such
failure to sell.
| SEC. 7. Such levy and return shall oon-
stitute and remain q lien on the property
thus remaining unsold, and . writ OF vendi-
toni srp0n0s may issue for the sale thereof
as ia other cases.
/ SEC. 8. When any such writ of penditioni
erponas shall issue, either party may have .
revaluation Of the property levied upon, by
paying the expense OF such revsluation.
SEC. 8. The officer to whom such execution
unnecessary delay, bat shall not offer the
same property more than once, under the same
execution, unless the execution creditor will
pay the cost and charges of such additional
offer to SELL
| 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.
SIC. IL. Property conveyed by q debtor
with intent 60 hinder or delay collection or
defraud creditors, shall be sold without APP
praisement.
SEC. IL. Il shall be lawful for any iude-
ment debtor 10 have his real estate sold on
execution subject to redemption as is provid-
ed by law, and in case he so selects before O
levy 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 proceed to sell sub.
ject to redemption, and shall execute to the
purchaser certificate OF purchase.
| SIC. Is. When real estate is sold after
appraisement according to this act, the off
Ger, on the payment Of the purchase money,
shall execute to the purchaser or purchasers,
a deed or deeds, which shall convey ell the
interest on which the judgment operated as
lien, or which the debtor acquired after the
! judgment and before the sale, and the said
deed when executed according to law shall
be presumptive evidence Of the regularity OF
the judgment and sale.
SEc. IA. The appraisers provided for In
this act shall be allowed Fifty cents in each
case for their services, Provided. that ia all
cases where the time necessarily required ex-
ceeds five hours they shall be allowed an ad-
ditional compensation Of ten cents per hour.
SKe, is. All acts or parts of acts ineon-
sistent with the 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. KIRKwooD.
By subsequent act. the above act goes in
to force from and after its publication in the
State Journal and Register. 1t has been
published in the latter and We presume in the
former.
lTDuring the past two or three weeks
there has been constant string OF team.
passing through our city TO and from OF.
sumwa and Agency for goods landed At thos.
places for up country merchants. We have
noticed a. many - $50 per day passing and
repassing, loaded with wheat, -four and porl
do~n, and returning with merchandise
Oskalo0sa Times.
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