Muscatine weekly journal. [volume] (Muscatine, Iowa) 185?-1890, 1860-04-27
CHAPTER 1872.
An act to procide for the eppraissment O

An act to prouide for the Gppraissment I
property sold under srecut!en.
SxorIoN /. be it enacted by the Gener,
Assembly OF the State of Iowa, That no good
chattels, lands or .enemens, shall be sol
On execution issued tom any Court, fu
less tisn tws-ihirds OF the fair value there
OF. 1t the time Ot sale, exclusive OF all iisns
mortgages or Osh.r membranes, thereon
except as hereinafter provided. ....
sEo. The "tfioer Ia whom any suc'
writ shall be delivered to be executed, slal
bet,re sac, uaiess othrrwiss directed BY
the execution debtor, proceed to ascertain
the fair vslne of such props rty.
SEC, 3. For tho purpose of acertaini NJ
the value OF The Property to be sold under
execution, two assinterssted householdsrs o
praises; ono Of whom shall be chosen by
Che OK, oulion debtor, and the other by the
plaintiff, h.s attorney or ag.nt or, in III,
absence of tue plaintiff his agent or attorney,
by the officer executing such writ; All,
said appraisers shall forthwith pro ,s.d to
value such property ac> ording to its fail
value at tho time, and in case Of their dis
agreement as to such value, they sha
choose another disinte:ested householder
and with his assistance thsy shall oompe
sulv. dation. The valuation be sworn
to- me appraisers.
SEo. At the execution debtor shall
tat to choo on appraiser within three
dats after notice Of SUCK levy served on him,
or his attorney by copy q reading, such
ofhcer shall choose an APPRAISER tor him
who shall proceed in all respects as ii he
had been chosen by the execution debtor
SEQ. 5. In case any Of such appraisers
shall fail to complete such valuation, the
plaintiff his agent or attorney, or the officer
in their absence, or the execution debtor, or
tae appraisers if two remain, who were 4 ! st
chosen. as the case may be, 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 shall in such
- case fail to choose such appraiser within
two days after notice Of such refusal to act
ry the appraiser chosen by him, such officer
Sh all choose an appr' iser for him, and any
appraiser thus chosen shall proceed in all
respects as if he had been chosen in the
frst instance.
SEQ 6. Upon the completion of such ap
praisenent the said appraisers shall return
to the officer a schedule OF the property ap
praised, with the value of each lo', tract or
parcel IF real estate, and Of the several ar
tic!es 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 its valua ion,
it shall be the duty of The officer by whom
such levy shall have been made when b.
returns such execution, to return such ap
praise Herewith stating in his return
such failure to sell.
SEQ. Z. Such levy and return shall con-
sti,ute and remain lien on the prnI ert,
thus remaining unsod, aud a writ If rem
di,,oni erponds may issue for the sale there
OF as in other cases.
SEC. 8. When any such writ of renditio1ai
erponat shall issue. either party may have
ale-valua,ion Of the property levied upon,
by pay ng the expense of such re-vauaron.
SEC. g. Tho offi :er to whom such execu-
tion may be directed shall proceed to sell
without unneces ary delay, but shall not
offer The same property more than once,
under the same execusi,n, unless the execu.
tion creditor will pay the cost and charges
If such add ional otfer to sell.
SIC. 10 Exeort "u shall not issue on
any jud cement more frequently than once
in six months, unless ut the cost and charge
of the plaintiff.
SEQ, II. Property conveyed by debtor
with interest to hinder or delay collection
apprsise'nent.
SEC. l2. 1t shall be lawful for any juag-
ment debtor to nave Iii. real estate IN exc
cution subject to redsmi tiun as is provided
by law, and in Case he so elects before .
troll Of the writ, and files is notice in wri, :
ing Of eleotios, with the Clerk of the Court
issuing the writ, the officer shall proceed
to sell subject 10 redemption, and shall
execute to the purchaser q certificate of
puraha'e.
SEQ. l3.-When real estate is sold after
appraisenent according to this act, the off
or on the payment Of the purchase money
shall execute to the purchaser or purchasers
deed or deeds, which shall convey all the
interest on which the judgt.ien: operated as
lien, or which the debtor acquired after
tle Judgment and before the sale, and the
said deed when executed according to law
shall be presumptive evidence of the regu,
larity of the judgment and sale.
SEC. IA. The appraisers provided tor in
this act shall be allowed fifty cents in each
case tor their services, provided that in al
cases where the time necessarily required
exceeds i've hours they shall be allowed al
additional compensation of ten cents pei
hour.
SEQ. Is. All acts or parts of acts incon
sistent with the provisions of this act ar
hereby repealed. JOHN EDWARDS,
Speaker Of the House of Representatives.
NICHOLAS j. RUsoH,
President of the Senate.
Approved, March 31st, 1860.
SAMUEL j. KIRKwooD.
Ia subsequent enactment provided thu
A. .ko-o o,< .i,ould ,akA cffacf uunn ita nrlf
LEGATION in the Desnoines papers, which ha
been done, aud it is NJ " tbs law Of the land.
tn. GREAT BREACH OF PROMISE CASE.
In the case of Carztang vs.. Shaw, tn
counsel for pl ,intiff. yesterday filed an al
davit- 10 support If the motion for ne