The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1867-03-05
AN ACT TO PROTECT PROPERTY
Sold under Execution fr07o Sacrifice.

Section /. Be it enacted by the General Assembly
of the State of North Carolina, and it is hereby
acted by the authority of the same That in all
cases where property shall be offered and exposed
to public auction at execution sale, whether such
execution issue from the Justice of the Peace,
from any of the said courts of said State before
such sale shall take place it shall be the duty of the
Sheriff or other officer having Toe execution or exc
cutions to summon a Justice of the Peace and two
freehoders, in every of such execution, when
required to do SO by the defendant his attorney
agent to be and appear on the day of sale, at the
place of sae and the said Justice of the Peace shall
administer to the said freeholders the following
oath l, -~-, do solemnly swear, that am un-
connected with both plaintiff and defendant in this
execution that | am without prejudice towards
either of the parties and that will view and ex-
anime in every of such execution when required
so do, the property of the defendant, and
at cash valuation each article of said property, i'm
partially and to the best of my judgment and belief
so help me God.
Sec. 2. Be it further enacted, That should said
reeholders be unable agree to the value Of all
any of said property of said defendant, levied
on that it shall be the duty of said Justice
umpire, and when such assessment and valua ton
shall be agreed upon, it shall be the duty of said
freeholders to report the to said officer in
writing, signed with their names, specifying therein
the cash value of each article of property levied on
of every character whatever, and it shall De the
duty of said officer to return such inventory with
said valuation with the papers in the case.
Sec 3. Be it further enacted, That if any land
or other article of property SO assessed, shall be
offered for sale under any execution writ of eri
facas or venditoni exponas decree for sale, and
shall not bring threefourt of its appraised value
that fact shall be taken and deemed by the Sheriff
or other officer, in whose hands the process may be-
to be conclusive evidence of want Of fair compe-
tition among bidders and of an unjust sacrifice of
the property the deriment of both the debtor and
creditor, and it shall in that the duty of the
Sheriff other officer to forbear the sale of said
property, and return the process to the court from
which it issued at its succeeding term or if from
Justice Of the Peace, then before Justice of
the Peace, within sixty days, with endorsement
of the facts and emo SALE for the want of fair COM
petition among bidders,' wherenpon alias process
may issue, and the properly shall again be adver-
tsed and offered for sale, and it, again, it shall not
bring three fourths of its value, appraised afore-
said the Sheriff or other officer shall make SINH
lar return and continue from term to term, until
there shall be sufficient competition among bidders
to produce fair sale
Sec 4. Be it further enacted, That said Justice
aud freebooter shall be entitled to and shall receive
from said defendant, one dollar each, fer every day
they may be engaged in making said valuation
Sec 5. Be it further enacted That all laws and
clauses of laws coming in conflict with this act be-
and the same are hereby repealed.
Sec 6. Be it further enacted, That this act shali
be in force from and after its ratification.
Ratified this 26th February, 1867.