The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1860-05-03
Laws Of tho State Of Iowa.
BY AUTHORITY.
CHAPTER 1872,

An act t" provide for the appraisemcnt
"fpr"prrty sold under execution.
SECTION |. Be Henocted by tie General
-issembW Of the State Of Lowo. That no
goods. chattrls, lands or tcnements 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 incumbrances
thereon, except as hereinafter provided.
SSEe, e,,,2, .IhS .HflisesgEJ +" ~hom any such
shall. before sale unless otherwise directed
by the execution debtor, proceed 10 asccr
tain the fair value of such property.
SEC. g. For the purpose Of ascertain,
ing the value OF the pr"pert. to be sold
under execution, tw" disintcre>ted house
holders Of the neighborhnod shall be Sc
lected as appraisers; one of whom shall
be chosen by the execution 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 appraisers 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 disintcreStcd house
holder Of the neighbnrhoud and with his
assistance they shall complete such valua-
tinn. The valuation to be sworn 70 bv the
appraisers.
SEC. 1. If the execution debtor shall
fail t" 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 debt
or.
Sec. 5. In case any Of said appraisers
shall fail t" complete such valuation. the
plaintiff, his agent or attnrney,"r the. fficer
in their absence. rr the exc. utinn debtor,
or the appraisers if two remain. VIII were
first chosen. as the case may be. shall
choose the appraiser in the place Of the one
before chosen by him, or them. and ret;is-
ing to act or if such execution debtor shall
in such case fail to choose such appraiser
within two days after notice of such refusal
To act by the appraiser chosen by him,
such officer shall choose an appraiser for
him, and any appraiser thus chosen shall
proceed in all respects as if he had been
chosen in the first instance.
SEC. 6. Upon the completion Of such
apprasrmcnt the said appraisers shall re-
turn to the officer schedule Of the prop
er,v appraised, with the value Of each lot.
tract or parcel of real estate, and of the
several articles Of personal property which
may have been levied upon by virtue of
such execution Whenever any property
thus appraised. cannot he sold for two.
thirds nt it's valuation. it shall be the duty
of the officer b, whom such levy shall h I'VE
been made when he returns such execution,
to return such appraSement Herewith sta,
ting in his return such failure to sett.
SEC. 7. Such levy and return shall con
stitutc and remain lien on the property
thus remaining un~"d, and writ Of rend,.
ton; erpoaas may issue for the sale thereof
as in other cases.
SEC. 8. When any such writ of uend;
toni eeponas shall issue, either party may
have r,valuatior Of the property levied
upon. by paying the expense Of such reva
uation.
Sec. 9. The officer t" whom such exc
cution may be directed shall proceed t.
sell without unnecessary delay but shall no.
offer the same property more than once
under the same execution, unless the exec,l
ton creditor will pay the cost and charges
of such additional offer to sell.
Sec. 10. Execution shall not issue ol
: any judgment more frequently than one
in six months, unless at the cost and charg
J Of the plaintiff.
Sec. IL. Property conveyed by
. debtor with interest TO hinder or delay col
, lection or defrsud creditors, shall ~ so,
) 4 Attlnut aI,rr. s.;u,r'.