The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1873-04-03


!, leased. u the defect In any of the
:. proceedings has been or an be sneus.
, ed 90 ~ to show that legal cause for
!. he attachment existed at the time Il
;. ~as issued; aud the court shall sivs
!, the plaintiff . reasonable time to per.
feet such defective proceedings; the
, causes for attachment shall not Be
stated in the alternative Substituee
for lev. I 32i2.
CHAPTER OF ExEcCTIoNs.
Some slight changes are made
where officers levying upon property
, are obliged 10 give bonds, bIt they arc
not OF sufficient Importance to warrant
the insertions Of the sections here,
The following two sectious are substi-
tutes for Il 32s7-3292 iuclusiv ve:
SEC. 35. When an officer has an
execution against person who owns
property Jointly. In common, or In
partnership with another, such an
afficer may levy on and take posses.
sion Of the property owned jointly,
in common or IL partnership, suflici-
ently to enable him to appraise and
Inventory the same, and for that pur.
pose shall call ~ his assistance three
iisinterested persons, which inventory
and apprsisement shall be returned
by the ofiicer with the execution, and
shall state In his return who claims to
own the property.
SEC. 26 The plaintiff shall, from
the time such property In 70 levied on.
have lien on the interest of the de.
fendant therein, and may commence
an action by equitable proceedings TO
ascertain the nature and extent OF such
interest, aud to enforce the lien; and
II deemed necessary or proper, the
court or judge may appoint . receiver
under the circumstances provided In
chapter twelve OF title seventeen OF
this Code.
STAY OF EXECUTION.
SEC. 81. On all judgments for the
recovery Of money, except those rem
derei In any court on an appeal or
writ Of error thereto, or against any
officer, person or corporation, or the
-ureties Of any Of them. for money re-
ceived for fiduciary capacity, or for
the breach Of any official duty, there
may be stay OF execution II the de-
fendant therein shall. within ten
days from the entry Of the judgment,
procure one or more sufficient freehold
-ureties to enter into bond acknowl-
edging themselves security for the
defendant for the payment Of the
judgment, interest and costs fro u the
time Of rendering judgment until paid,
~ follows:
l. Ifthe sum for which judgment
was rendered, inclusive Of costa, doea
not exceed one hundred dollars, three
months.
II such sum and costs exceed one
hundred dollars. six months; provided
that the provisions Of this chapter In
relation to the stay IT execution shall
not apply to existing contracts. but
such contracts shall be governed BY
the laws In force at the time they
were made. (See Sec. 3293 OF Rev,G
and provided shaa ~ jud9sasu&s whall
bear interest NJ tire rare or ten per cent.
per annum on which stay 10 TAKEN
Substitute for Rep. Z 1898.
The articles added to those already
exempt from execution are lone shot
guu." musical Instruments" 1.-TWO
cows" instead Of "one." food for AMI
mails exempt for "six months" instead
Of "rixty days" 1.-TWO" instead Of
'one" hundred dollars worth at
household and kitchen furniture.
The unmarried "mAn" who has ouly
his wearing apparel aud trunk exempt.
is now changed to "person." In obsdi-
ence to that principle Of equality
which is obtaining rs to the sexes.
APPRAIsEMENr.
The new Code repcals the sppraiss-
ment law as applicable to real proper
ty, but retains II In reference to per-
sonsiity - shown by the following:
Sec 744. Personal property levied
upon aud advertised for sa 10 or execu-
ton must be appraised before thu ssle
by two disinterested householder Of
the neigh borhood, one Of whom shall
be chosen by the execution debtor and
he other by the plaintiff; or la case OF
.he absence Of either party, or II either
Dr both parties neglect or refuse tu
make . choice. the officer making the
levy shall choose one or both, - the
case may be, who shall forthwith pro-
iced to return to said officer . just and
rue sppraisement, under oath, OF said
they can agree; and In
,ase they cannot agree they shali
,ho' 80 another disinterested house.
iolder and with whose assistance they
hall complete such apprsisement. and
he property shall not be sold for less
han two-thirds Of said valuation.
Prorided the same shall be offered for
hree successive days 1t the same place
md hour Of the day - advertised, and
{ no offer equal to two-thirds the
'alue thereof he made. then it shall bs
awful to sell said property for one.
,alf said valuation. Real property
'old under execution may be redeem
ID at sny time within one year from
lay Of sale.
Chapter 2 (last Of this Title) pro.
eedings auxiliary to execution. The
hanges made are In the following see-
ons:
SEC. q. At any time after the rem.
lition Of . judgment an action BY
quitsbie proceedings may be brought
o subject any property. money. rights,
,re,iits, or interest therein belonging
o the defendant 10 the satisfaction Of
uch judgment. In such action, per.
ons indebted to the judgment debtor,
'r holding any property or money In
which such debtor has any interest,
n the evidences or securities for the
anne, may be made dsfsndants.-Sub.
tiute TO, Reu. I 1891.
SEC. o. The answers OF oil defend.
Ints shall be verified by their own
,ath, and not by that Of an agent or
Ittorney, aud the court shall snforce
uil and explicit discoveries In such