Des Arc semi-weekly citizen., 1861-06-14
AN ORDINANCE


 SECTION l. Be it oydained Jy the peo- pie of the State of .arkansas, in conven- tton assembled, That upon all judgments and decrees rendered, or which may here after 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: Provided, however, That no sales shall be made upon executions or judgments or decrees, or upon executions or decretal orders which may hereafter be issued upon such judg- ments or decrees, until the property levied upon, by virtue of such executions, or de- crelal orders, shall be valued by three dis interested persons, to be summoned by the sheriff, or constable, having the execution or decretal order, in charge, which sheriff or constable shall administer the following oath to the persons so summoned, to wit: "W - and - do severally solemnly swear that we will truly value and ap- prise the property shown to us (by sheriff, constable or trustee ) according to its mar ket value on the sixth day of November, 1860, taking into consideration additions for permanent improvements upon real estate, and increased value arising from increased age of stock and slaves, and making deductions for the destruction, in- jury to or removal of permanen. improve ments on real estate. and for deterioration by age or disease, 10 personal property, so help me God.' And such appraisers shall make out an appraisment and sign the same, which shall be attached to any re- turns with the execution or other authority for sale; and after the valuation as afore- said has been made by the officer having charge of the execution, or decretal order, unless the same shall be bid off at sum not less than four-fifths of the valuation affixed by the appraisers aforesaid. If such sum be offered for such property, it shall be the duty of the officer to restore the property to the person in whose hands it was levied upon, without any bond what ever. This section shall not be so constru- ed as to prevent any defendant from giv- ing delivery bond as now provided by law, and all sales made by virtue of any exe- culion issued upon forfeited delivery bonds, in cases provided for in this section. shall be made as provided for on original exe- cution; nor 10 prevent the sale of perisha- ble property seized on attachments or pro- ceedings ia rem. find Provided, 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 exc culion of such judgments absolutely and without reference to any such appraise- ments. find provided further, That when any property of defendant shall be le- vied upon and offered for sale under exe- cution. or decrelal order, according to the provisions of this section, and shall not be sold, no further execution on the same judgment or decree shall issue for twelve months, unless al the cost of the plaintiff.
 SEc. 3. The provisions of this ordinance shall not apply to debts contracted, or lia. biities of civil nature incurred, since the 9th 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 ordi- nance, so far as applicable, shall apply to sales made by administrators and guar dians, and other persons acting in fidu- cia capacity.
 SEc. 4. The provisions of this ordi- nance shall apply to sales under mortgages and deeds of trust executed prior to the sixth of May, 1861, wherein sales are authorized 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 decretal order, by operation of law.
 Src. s. Judgments and decrees of the Circuit Court and judgments of Probate Courts and Justices of the Peace docketed in the proper clerks office, as well as those already rendered as those hereafter to be rendered, shall be liens upon lands and slaves to tho same extent and in 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 decre,al 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. 2. The provisions of this ordi- nance shall not be construed to affect an ordinance adopted by this convention enti- | tied, "An ordinance for the relief of such e;t;zens nf tho State of Arkansas as may