The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1871-04-20

W lr6aSuIeIS sudil pay D uuc Va uo1 lcoS ennn
$500 nor more than ST, 900, to be used for school
oolation of this Act, or Imprisonment, in the
discretion of the Court.
Approved the 1st day Of March A. D. 1871.
AN ACT TO ENABLE JUDGMENT DEBTORS TO SELL
THEIR REAL AND personal L. PROPERTY, PEI y, AM ANp
FoRMITY 70 SHS!M WITH f coSDiTIoSs HEREIN sfEcF1ED
SECTION /. Be it enacted by the Senate and
House of Representatives of the State of South
Carolina, now met and sitting in General As
sembly, and by the authority of the same, That
from and after the passage of this Act, judg-
ment debtors may, and they are hereby, au-
thorized and empowered to sell and convey any
or all of their real and personal property which
may at the time be subject to levy and sale,
to satisfy any judgment or decree OF any Court
in this State against the debtor, and. to pay
over the entire proceeds of said sale or sales to
the sheriff in whose Office such judgments, exc
cutions or DEGREES are lodged, to be applied by
said sheriff towards the satisfaction of the same;
and provided no objection shall be made in
writing by either of the judgment creditors and
filed with said sheriff as to the price at which
the said property may have been sold within
three months from and after the time such pay
ment shall have been made, the said sale or
sale. shall thereupon be considered and con-
irmed and the said sheriff shall make the fol-
lowing endorsement on the back of the deed or
deeds of conveyance, viz: "No objection hav-
ing been filed in my Office to the. within bar
gain and sale within the time prescribed by.
law. this bargain and sale is therefore con-
firmed;" the same to be dated and signed Off
cially by said sheriff.
Sec. 2. Be ii further enacted, Should either
of the Judgment creditors object to the prices
at which any of the said property may. have
been sold, and file such notice with the Sheriff
within the time before mentioned, the Sheriff
shall Immediately proceed to levy upon and
offer for sale said property, proceeding, in all
respect. according to the law in regard to levy.
and sale by the Sheriff; and if the highest bid
made for said property shall not be more than
the amount of the Indebtedness which had
been cancelled by the sale made by the debtor,
the Sheriff shall withdraw said property from
sale, and the creditor or creditors who may
have filed their objection shall be required to
pay all costs and expenses that accrued IN con-
sequence thereof. The Sheriff shall make the
following endorsement on the back OF the con-
yeyance made by the debtor, viz: objection
having been filed in my Office by -,
Judgment creditor, l levied upon and exposed
for sale the property within named; and fail
ing to receive a higher bid than the amount of
Indebtedness cancelled by the proceeds of the
within bargain and sale, this sale is therefore
confirmed and signed as directed in section l
of this Bill.
Sec. 3. Be 1t further enacted, That in the
event that the property when exposed for sale
by the Sheriff. as provided for in section 2,
should bring more than the amount of indebt-
edness cancelled by the proceeds of the sale
made by the debtor, the purchaser from the
debtor shall be refunded the amount paid by
him. with interest from the time of payment,
and the bargain and sale made by the debtor
rescinded, and titles executed by the Sheriff to
the purchaser at his sale and after deductlng
the costs and expenses by reason OF the levy,
and sale the remainder to be applied, accord
ing to law, towards satisfaction OF the Judg-
ment or executions in his office.
Sec. 4. BE 1T further enacted, That all sales
of either real or personal property made by
Judgment debtors, and the entire proceeds of
said sales having been paid into the SherifFs
cfice, to be applied toward the satisfaction OF
the demands in that office against such debtor
prior to the passage of this Act shall be con-
sidered confirmed, unless objections to the
price at which said property had been sold
Shall be made by any of the judgment credi-
tors within three months from and after the
passage of this Act and, provided objections
shall be fled, as specified in section of this
Act, in such case the Sheriff shall proceed as
directed in sections 2 and of this Act.
Sec. 5. Be it further enacted, That all Acts
and parts of Acts, inconsistent with this Act,
are hereby repealed.
Approved March Z, 1871.