Arkansas true Democrat., 1861-06-06
AN ORDINANCE

AN ORDINANCE
 RequloiiRy sales on erecations ana huSts.
 SECTION |. Be a ordoined by Me people of Me ,Sfate of' 41rhonSas, in ConDention as- semJied, That upon all judgments and de- crees rendered, or which may hereafter be rendered upon debts, contracts, or liabilities of civil nature incurred prior to the sixth of May, 1861, executions may issue as now provided by law; Propided, homeecr, That no sales shall be made upon executions or decretal orders already issued upon such judgments or decreeS, or upon executions or decretal orders which may hereafter be issued upon such judgments or decrees, un- til the property levied upon, by virtue of such executions, or dccretal orders, shall be valued by three disintcrested persons, to be summoned by the sheriff. or constable, hay ing the execution or decretal order, in charge which sheriil' or constable shall ad minister the following oath to the persons so summoned, to-wit: We and - do scverally >olemnly swear that we will truly value and appraise the property shown to us (by sheriff, constable or trus- tee according to it's market value on the sixth day of November, lS60 taking into provements upon real estate, and increased value arising from increased age of stock and slaves, and making deductions for the destruction, injury to, or removal of per manent improvements on real estate, and for deterioration by age or disease, to per sonal property, So help me God" And such appraisers shall make out an apprais. ment and sign the same, which shall be attached to any returns with the execution or other authority for sale; and after the valuation as aforesaid has been made, no sale of such property shall be made by the officer having charge of the execution, or decretal order, unless the same shall be bid off at a sum not less than four-fi fifthS of tue valuation affixed by the appraisers atore- said. If such sum be not offered for such property, it shall be the duty of the officer to restore the property to the person m whose hands 1t was levied upon, without any bond whatever. This section shall not be so construed as to prevent any de fendant from giving delivery bond as now provid by law, and all sales made by virtue of any execution issued upon foi feited de- livery bonds, in cases provided for in this section. shall De made as provided for on original execution; nor to prevent the sale of pershable property seized on attach menls or proceedings M rem. -1nd proyid- ed, That, at any time after the expiration of two years from the restoration of peace any such property so offered for sale, and not sold, may be seized and sold under execution of such judgments absolutel and without reference to any such appraisments. Ind propided fufther, That when any pro- perty of defendant shall be levied upon and offered for sale under execution, or de- crcta order according to the provisions of this section, and shall not be sold, no fur ther execution on the same judgment or decree shall issue for twelve months, unless at the cost of the plaintiff.
 SEC 2 The provisions of this ordinance shall not apply 10 debts contracted or lia- blities of a civil nature incurred, since the sixth day of May, 1861, but, in such cases, executions may issue and be executed as now provided by law.
 SEC 3. The provisions of this ordinance, so far as applicable, shall apply to sales made by administrators and guardians, and other persons acting in fiducial capacity.
 SEC 4. The provisions ofthis ordinance shall apply to sales under mortgages and deeds of trust executed prior to the sixth day of May, 1861, wherein sales are author ized to be made by individuals, in the same manner and to the same extent as though such sales were to be made by execution or decretial order, by operation of law.
 SEc. ,. Judgments and decrees of the circuit court and judgments of probate courts and justices of the peace docketed in already rendered as those hereafter to be rendered, shall be liens upon lands and slaves to the same extent and Tn the same manner as judgments and decrees are now liens upon real estate.
 SEC. 6. In all cases, it shall be the duty of the officer having charge of the eXecu- ton or decretal order, and of persons mak- ing sales under mortgages and deeds of trust, to offer property for sale in separate parcels when the same IS practicable, and the same shall be appraised in separate parcels as far as practicable.
 SEC :. The provisions of this ordinance shall not be cons .rued to affect an ordinance adopted by this convention entitled, "An ordinance for the relief of such citizens of the State of Arkansas as may be engaged in the military service of the State of Ar kansas, or the Confederate States
 SEC. s. This ordinance shall not be so construed as to prevent the collection of interest due or to become due upon pur- chases of school lands, known as sixteeth sections, or of interest due, or to become due upon money loaned and belonging to the school funds of the various townships of this State; or of interest on debts due to | minors; but the same may be collected Tn the manner now prescribed by law, and 1t is further procided, that nothing in this | ordinance shall be so construed as to pre- vent the collection of taxes.
 SEC. 9. This ordinance shall repeal and render null and void the ordinance passed by this convention on the 2Oth day of May, entitled, [" An ordinance concerning sales by sheriffs and constables for the collection of debts.''
 SEC. 10. The time during which this ordinance is in force shall not 1 e com outed, in any case: where the statute of limit ,tion