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thereof, lands to
orher than the defendant, how to proceed
goods and chattels of the debtor; but if no goods and chattels tiken, for want can be found, the officer shall indorse on the writ of execution, be levied on "no goods," and forthwith levy the writ of execution upon the
lands and tenements of the debtor, which may be liable, under this act, to satisfy the judgment upon which the writ of execution issued.
Sec. 6. That if the officer, by virtue of any writ of fieri fa When goods and cias, issued from any court of record in this State, shall levy
ned the same on any goods and chattels claimed by any person other on, are claimed by any person than the defendant, it shall be the duty of said officer forthwith
the to give notice in writing to some justice of the peace of the
county, in which shall be set forth the names of the plaintiff and defendant, together with the name of the claimant; and, at the same time, he shall furnish the said justice of the peace with a schedule of the property claimed: and it shall be the duty of such justice of the peace, immediately upon the receipt of such notice and schedule, to make an entry of the same on his docket, and issue a writ of venire facias or summons, directed to the sheriff or any constable of the county, commanding him to summon five disinterested men, baving the qualifications of electors, who shall be named in said venire facias, or summons, to appear before him the said justice, at the time and place therein mentioned, which time shall not be more than three days after the date of said writ, to try and determine the right of the claimant to the property in controversy: and it shall be the duty of the claimant to give two days' notice in writing, to the plaintiff, or other party, for whose benefit such execution was issued and levied as aforesaid, his agent or attorney, if within the county, of the time and place of such trial; and he shall, moreover, prove, to the satisfaction of said justice, that such notice was given, or that the same could not be given by reason of the absence of the party, his agent or attorney, as aforesaid.
Sec. 7. That the jury summoned as aforesaid, shall be sworn Jath of jury
or affirmed, to try and determine the right of the claimant to the property in controversy, and a true verdict to give, according to evidence; and if the said jury shall find the right to said
goods and chattels, or any part thereof, to be in the claimant, of iustice in the said justice shall render judgment, upon such finding of the rendering judg. jury, for the claimant, that he recover bis costs against the
vere plaintiff in execution, or other party to the same, for whose
benefit such execution issued as aforesaid, and also that he have restitution of said goods and chattels, or any part thereof, according to the finding of the jury as aforesaid: but if the right of said goods and chattels, and every part thereof, shall not be vested in the claimant, according to the finding of said jury, then the said justice shall render judgment on such finding, in favor of the plaintiff in execution, or other party, for whose benest the same was issued and levied as aforesaid against said claimant, for costs, and award execution thereon:
ment after ve dict
of ihe State
the county where the lands taken in execution are situate, and administer to them an oath or affirmation, impartially to appraise the estate so levied on; and the said freeholders shall return to the said officer, under their hands and seals, an estimate of the real value in money, of said estate, upon actual view of the premises, forthwith aiter such view.
Sec. 11. That the oti.cer receiving such return, shall fortb. Copy of appraisement to be with deposit a copy thereof with the clerk of the court from deposited with which such writ issued, and imunediately advertise and sell clerk
such real estate, agreeably to the provisions of this act.
Sec. 12. That if upon such return as aforesaid, it shall apLien of judg.
pear by the inquisition, that two thirds of the appraised value of such lands and tenements so levied apon, is sufficient to satisfy the execution, with costs, the judgmenton which such execution issued shall not operate as a jien on the residue of the debtor's
estate, to the prejudice of any other bona-fide judgment creLands not to be ditor: Provided, That no tract of land shall be sold for less than sold for less than two thirds of the appraised and returned value of the inquest: two thirds of ap praisement And provided also, That nothing in this section contained, shall Proviso in favor in any wise extend to affect the sale of lands by the State, for
any debt or taxes due thereto; but all lands in this State, the property of individuals who may be indebted to the State for any debt or taxes, or in any other manter, except for loans heretofore authorized by the Legislature, shall be sold without valuation, for the discharge of such debt or taxes, agreeably to the laws of this State, in such case made and provided.
Sec. 13. That if the property of any clerk, sheriff, coroner, Property of cer
to justice of the peace, constable, or any collector of State, coun
setin of the mooco be sold without ty, town or township tax, shall be levied on for, or on account
of, any moneys that now is, or may bereafter be by tbem, cola lected or received in their official capacity, the property so levied on shall be sold without valuation, to the highest bidder, any thing in this act to the contrary notwithstarding.
. Sec. 14. That lands and tenements taken in execution, shall the sale of lands not be sold until the officer cause public notice of the time and to be given, and place of sale to be given, for at least thirty days before the day
of sale, by advertisement in some newspaper printed in the county, or in case no newspaper be printed in the county, then in some newspaper in general circulation therein, and by putting up an advertisement upon the court house door, and in five other public places in the county, two of which shall be put up in the township where such lands and tenements lie; and all sales made without such advertisement, shall be set aside by the court to which the execution is returnable, on motion.
. Sec. 15. That if the court to which any writ of execution Croceedings of the officer to be shall be returned by the ot cer, for the satisfaction of which any examined by the lands and tenements may have been sold, shall, after having court ordered, to carefully examined the proceedings of such officer, be satisfied make a deed that the sale has in all respects been made in conformity to the
provisions of this act, they shall direct their clerk to make an
What notice of
entry thereof on the journal, that the court are satisfied of the legality of such sale, and an order that the said officer inake to the purchaser a deed for such lands and tenements; and the officer may re. officer, on making such sale, may retain the purchase money tain purchase
money, till sale in his hands until the court shall have examined his proceed-conti ings as aforesaid, when he shall pay the same over to the person entitled thereto, agreeably to the order of the court.
Sec. 16. That the sheriff or other officer, who, by such writ or writs of execution, shall sell the said lands and tenements, so levied upon, or any part thereof, shall make to the purchaser Sheriff to make or purchasers thereof, as good and sufficient a deed of convey- deed for land
r sold on exece. ance, for the lands and tenements so sold, as the person or persons against whom such writ or writs of execution were issued, might or could have made for the same, at, or any time after, the said lands became liable to the said judgment; which deed Effect of shall be prima facie evidence of the legality of such sale, and deed the proceedings therein, until the contrary be proved, and shall vest in the purchaser, as good and as perfect an estate, in the premises therein mentioned, as was vested in the party, at, or after the time when said lands and tenements became liable to the satisfaction of said judgment: and the said deed of conveyance to be made by the sheriff or other officer, sball recite Recitals in the the execution or executions, or the substance thereof, and the deed names of the parties, the kind of action, the amount and date of term of rendition of each judgment, by virtue whereof, the said land and tenements were sold as aforesaid; and shall be acknowledged or proved and recorded, as is, or may be provided by law, to perfect the conveyance of real estate in other cases.
Sec. 17. That the officer who levies upon goods and chattels, or lands and tenements, or who is charged with the duty of selling the land, by virtue of any writ of execution issued from a court of record in this State, before he proceeds to give notice of the sale thereof, by advertisement published in any newspaper, according to the preceding sections of this act, may refuse to publish a notice as aforesaid, until the party for whose benefit such execution issued, his agent or attorney, fuse to publish shall advance to such officer, so much money as will be sufficient "ut, cu tuu to discharge the fees of the printer, for publishing such notice advanced as aforesaid.
Sec. 18. That all sales of lands or lenements, by virtue of sales of land to this act, shall be held at the court house, in the county in which be held at the
court house such lands and tenements are situated: Provided, That no sher." iff, or other officer conducting the sale of property, either per- Sheriffs and ach sonal or real, nor any appraiser of such property, shall either praisers, shall directly or indirectly purchase the same; and every purchase
not purchase 80 made, shall be considered fraudulent and void.
Sec. 19. That in all cases where two or more executions shall be put into the hands of any sheriff or other officer, and it Creditors may skall be necessary to levy on real estate, to satisfy the same, levied
rate parcels of agreeably to the provisions of this act, and either of the judg.
ment creditors in whose favor one or more of said executions is issued, shall require of the sheriff or other oficer, to make a separate levy to satisfy his execution or executions, it shall be the duty of the sherif or other o ficer, to levy said executions, or so many thereof, as may be required, on separate parcels of the real property of the judgment debtor or debtors; giving to the officer making the levy on behalf of the creditor, whose execution may by this act be entitled to a preference, the choice of such part of the real property of the judgment debtor or debtors, as will be su ficient, at two thirds of the appraised value, to satisfy the same: and in all cases where two or more executions, which, by the provisions of this act, are entitled to no preference over each other, are put into the hands of the
same officer, und such oficer may be required to levy the same Duty of the offi. on real property, it shall be the duty of the sheriff or other officer in making cer, when so required, to levy the same on separate parcels of speh sales
the real property of the judgment debtor or debtors, when, in the opinion of the appraisers, the same may be divided without material injury; and if the real property of said debtors will
not be su ficient, at two thirds of its appraised value, to satisfy D e all the executions chargeable thereon, such part of said real
property, shall be levied on to satisfy each execution, as will bear the same proportion in value to the whole of said real pro. perty, as the amount due on the execution, bears to the amount of all the executions chargeable thereon, as near as may be, according to the value of each separate parcel of said real property, as assessed by the freeholders, agreeably to the preced
ing sections of this act. Successory of Sec. 20. That if the term of service of the sheriff or other sheriffs may officer, who hath made, or shall hereafter make, sale of any
gold by lands and tenements, by virtue of an execution against the predecessor same, sball expire; or if the sheriff or other officer, shall be
absent, or be rendered unable, by death or otherwise, to make a deed of conveyance for the same; it shall be lawful for any succeeding sheriff or other officer, on receiving a certificate from the court from which execution issued for the sale of the said lands and tenements, signed by the clerk, by order of said court, setting forth that suficient proof hath been made to
said court, that such sale was fairly and legally made; and, on e tender of the purchase money, or if the purchase money, or
any part thereof, be paid, then, on proof of such payment and tender of the balance, if any there he, to sign, seal and deliver to the said purchaser or purchasers, or his or their legal representatives, a deed of conveyance of the said land and tene. ments so sold; which deed shall be as good and valid in law, and have the same eff ct, as if the sheriff or other officer, who made the sale, had exeruted the same,
Sec. 21. That if on any sale made as aforesaid, there shall remain an overplus of monev in the hands of the sheriff or other
make deeds for