Gambar halaman
PDF
ePub

Notice to be posted; Notice of publication in newspaper.

SEC. 302. Such notice shall be given by being posted up in at least three public places in the county, one of which shall be at the place where the last district court was held. In addition to which, in case of the sale of land property, or where personal property to the amount of two hundred dollars or upwards is to be sold, there shall, if either party make of the sheriff a written request therefor, or if the defendant be a non resident, be two publications of such notice in some newspaper printed in the county, if there be one.

Penalty for violating above section.

SEC. 303. An officer selling without the notice above prescribed, shall forfeit one hundred dollars to the defendant in execution, in addition to the actual damages sustained by either party; but the validity of the sale is not thereby affected.

Hours of sale.

SEC. 304. The sale must be at public auction, between nine o'clock in the forenoon and four in the afternoon. Postponement of sale.

SEC. 305. When there are no bidders, or when the amount offered is grossly inadequate, or when, from any cause, the sale is prevented from taking place on the day fixed, the sheriff may postpone the sale for not more than three days, without being required to give any further notice thereof; but he shall not make more than two such postponements.

Purchaser failing to pay for property.

SEC. 306. When the purchaser fails to pay the money when demanded, the plaintiff or his attorney may elect to proceed against him for the amount; otherwise, the sheriff shall treat the sale as a nullity, and may sell the property again, on the same day, or after a postponement as above authorized.

Principal to be exhausted before the surety.

SEC. 307. Where, by the endorsement of the clerk upon the writ, it appears that either of the persons against whom it issued is only a surety for some of the others, the sheriff shall, in selling, first exhaust the property of the principal before he sells any of the property of the surety.

Indemnifying bond.

SEC. 308 When the sheriff has doubts as to the defendant's ownership of personal property, he may refuse to levy, or if he has levied, may refuse to sell, and may surrender the property to the claimant, unless the plaintiff will first give him a bond of indemnity to enable him to proceed safely.

Joint property to be released on delivery bond.

SEC. 309. When the personal property is owned jointly by the defendant and another, the sheriff may take it in custody, subject

to be released by a delivery bond, or a bond conditioned to pay the debt, to the value of the defendant's interest in the property levied upon.

Mutual judgment.

SEC. 310. Mutual judgments, the executions on which are in the hands of the same officer, may be set off the one against the other, except that the costs shall not be so setoff, unless the balance of cash actually collected on the larger judgment is sufficient to pay the costs of both judgments, and such costs shall be paid therefrom accordingly.

Certificate to issue to purchaser.

SEC. 311. At the time of the sale, the sheriff shall give to the purchaser a certificate containing a description of the property and the amount of money paid by such purchaser and stating that unless redemption is made within one year thereafter according to law, he or his heirs or assigns will be entitled to a deed for the same. Defendant may redeem property.

SEC. 312. The defendant may redeem such property at any time within one year, from the day of sale as hereinafter provided, the same being real estate or landed property; and the party redeeming shall pay to the purchaser twenty-five per cent per annum from the day of sale.

Right of redemption.

SEC. 313. For the first six months after such sale, his right to redeem is exclusive, but if no redemption is made by him at the end of that time, any creditor of the defendant, whose demand is a lien upon such real estate, may redeem the same at any time within twelve months from the day of sale.

Creditor may redeem property in certain cases.

SEC. 314. Any creditor whose claim becomes a lien prior to the expiration of the time allowed by law for redemption by creditors may redeem. A mortgagee may only thus redeem before or after the debt secured by the mortgage falls due.

Assignment of certificate.

SEC. 315. A creditor redeeming as above contemplated, is entitled to receive an assignment of the certificate issued by the sheriff to the original purchaser as hereinbefore directed. Land sold in parcels.

SEC. 316. When the property has been sold in parcels, any distinct portion may be redeemed by itself.

Interest in common.

SEC. 317. When the interests of several tenants in common have been sold on execution, the undivided portion of any or either of them may be redeemed separately.

Right of redemption transferable.

SEC. 318. The rights of a defendant in relation to a redemption, are transferable and the assignee has the like power to redeem.

Deed to issue one year from sale.

SEC. 319. If the defendant or his assignee fail to redeem, the sheriff must at the end of the year, execute a deed to the person who is entitled to the certificate as hereinbefore provided, or to his assignee. If the person so entitled be dead, the deed shall be made to his heirs.

Evidence of purchase.

SEC. 320. The purchaser of real estate at a sale on execution need not place any evidence of his purchase on record, until twenty days after the expiration of the full time of redemption. Up to that time, the publicity of the proceedings is constructive notice of the rights of the purchaser but no longer.

Sheriff's deeds.

SEC. 321. Deeds executed by a sheriff in pursuance of such sales, are presumptive evidence of the regularity of all previous proceedings in the case, and may be given in evidence without preliminary proof.

Purchaser of real estate sold on execution may bring action for trespass. SEC. 322. When real estate has been sold on executions the purchaser thereof, or any person who has succeeded to his interest, may after his estate becomes absolute, recover damages for injury to the property committed after the sale and before possession is delivered under the conveyance.

Defendant and Plaintiff.

SEC. 323. The term "defendant" as herein used is intended to designate the party against whom, and the term "plaintiff" the party in favor of whom any execution has issued.

Return of execution.

SEC. 324. All executions from the District or Supreme Court, shall be returnable within sixty days from their date; those from justices courts, within thirty days from date.

Execution from Justice and District Courts; Plaintiff may purchase.

SEC. 325. Executions from a justice's court, shall issue against the goods and chattels of the defendant; those which issue from a court of record, shall issue against the goods, chattels, land, and tenements of the defendant. The plaintiff may be a purchaser. Property exempt from execution.

SEC. 326. The following property shall be exempt from exe

cution:

When the execution is against the head of a family, all the necessary wearing apparel, beds and bedding for the members of the family and the household furniture, and other property to the amount of two hundred dollars to be selected by the defendant in the execution.

Mechanical tools &c., exempt.

SEC. 327. When the execution is against any party other than the head of a family, all necessary wearing apparel, and bedding suitable for the season, together with all necessary mining or mechanical tools necessary to carry on the business or trade in which the defendant is engaged, or by which he makes his living, not to exceed the value of fifty dollars.

CHAPTER XXXI.

ARBITRATIONS.

Controversies may be arbitrated.

SEC. 328. All controversies which might be the subject of civil actions may be submitted to the decision of one or more arbitrators as hereinafter provided.

Parties to enter into written agreement previous to arbitration.

SEC. 329. The parties themselves, or those persons who might lawfully have controlled a civil action in their behalf for the same subject matter, must sign a written agreement, specifying particularly what demands are to be submitted, the names of the arbitrators, and the court by which the judgment on their award is to be rendered, and the time thereof.

Submission may embrace all demands.

SEC. 330. The submission may be of some particular matters or demands, or of all demands which the one party has against the other, of all natural demands on both sides.

Bonds to be given.

SEC. 331. They shall make and execute a good and sufficient bond, payable by either unto the other, to the amount of the matter in controversy, conditioned that they will abide the decision of the arbitrators, and that their award may be entered as a judgment against the losing party, by the court to which the award is to be returned. Said bond shall be acknowledged to be signed by them as their free act and deed.

Arbitration after suit commenced.

SEC. 332. A submission to arbitrators of the subject matter of a suit, may also be made by an order of court upon an agreement of parties after suit is commenced.

Neither party can revoke submission.

SEC. 333. Neither party shall have the power to revoke the submission without the consent of the other.

Presence of party not necessary.

SEC. 334. If either party neglect to appear before the arbitrators after due notice, they may nevertheless proceed to hear and determine the cause upon the evidence which is produced before them.

When award must be reported.

SEC. 335. If the award is not made and reported to the court within the time fixed in the submission, it shall have no legal effect, except upon a recommitment of the matter by the court to which it is reported.

Award must be in writing.

SEC. 336. The award must be in writing, and shall be delivered by one of the arbitrators to the court designated in the agreement, or it may be enclosed and sealed by them and transmitted to the court; the cause shall be entered on the docket, and the court may require actual notice to be given to either party, when it appears necessary or proper, before proceeding to act on the award. Award may be rejected or recommitted.

SEC. 337. The award may be rejected by the court for any legal reasons, or it may be recommitted to the same or other arbitrators for a re-hearing if so agreed upon by the parties.

Award must be entered on record.

SEC. 338. When the award has been confirmed, it shall be filed and entered on the record, and shall have the same force as judgment upon a verdict by a jury.

Award submitted to District Court.

SEC. 339.

If the award be submitted to the district court it shall be enclosed and sealed, and the court shall at the next term thereof, open and act upon the award.

Appeal from an award.

SEC. 340. If an appeal is taken from the judgment entered upon an award, copies of the submission and award, together with all affidavits, shall be returned to the court to which the appeal is Saken.

Arbitrators may award cost.

SEC. 341. If there is no provision in the submission respecting costs, arbitrators may award them at their discretion.

Compensation of arbitrators.

SEC. 342. The compensation of the arbitrators shall be two dollars per day for the time actually and necessarily spent unless the court fix a less amount and the fees of the justice of the peace shall be twenty-five cents for making out the agreement of submission (in case he does so) and the like amount for taking and certifying the acknowledgment thereto.

Nothing in this act to control action of court.

SEC. 343. Nothing herein contained shall be construed to effect in any manner the control of the court over the parties, the arbitrators or their award, nor to impair or effect any action upon an award or upon any bond or other engagement to abide an award.

« SebelumnyaLanjutkan »