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other by the judgment creditor, his agent or attorney, or in their absence by the officer in whose hands the execution, order of sale or other process is, who, after being duly sworn, for the purpose, shall appraise, at its fair cash value, each item of property to be sold, reduce their appraisement to writing, and sign the same, and deliver it to the officer whose duty it is to make the sale. If they disagree as to the value of any item of property to be sold, the said officer shall, on his official oath, act as umpire in the case, and his decision and that of one of said appraisers shall determine the value of such item. Such appraisement shall be returned by the officer, with the execution, order of sale or other process. Each item of property so appraised shall be sold separately, if the appraised value sold separately. thereof be more than five dollars; and if, when offered for

Officer to act as

umpire in case

appraisers disa

gree.

Each item of property appraised to be

for property sold on credit.

To whom returned.

cash, the highest bid therefor amount to two-thirds or more of its appraised value, the sale thereof shall be for Terms of sale. cash. But if no bid be made therefor amounting to twothirds of said appraised value, the same shall then be offered for sale, one-half on a credit of four months, and the residue on a credit of eight months, the purchaser givNote to be taken ing his notes with good security, bearing interest from date for the purchase money; and if, when so offered, a greater sum be bid therefor than was offered in cash, the sale shall be made on credit, as aforesaid; otherwise, the cash bid shall be received therefor. The notes so taken on such sale when made on credit, shall, if not paid to the officer when due, be returned by him to the office of the clerk of the court from which such execution, order of sale, or other process issued, who shall endorse thereon the date of such return, and from that day they shall have the force of judgments, and executions may be issued thereon by the court upon five days' notice in writing to the person who executed the same, or their personal representatives, if they or any of them be dead. But this section shall not apply to sales for taxes, levies, fines or forfeitures to the state, or to a sale made under any pro cess or order of sale in favor of the state. All moneys paid to such officer on any such note shall be regarded as so much money received by him on the execution, order of sale or other process under which the sale was made, and the officer shall endorse the same on the execution, order of sale or other process, whether the same has been returned or not, at the time such payment is made.

To have force of judgment.

Not to apply to sale for taxes,

etc.

Exemption of

from distress or

Of Personal Estate Exempt from Distress or Levy. 23. Any husband or parent residing in this state, or certain property the widow, or the infant children of deceased parents, may set apart and hold personal property to the value of not Amount of such exceeding two hundred dollars, to be exempt from execution or other process, except as hereinafter provided. And any mechanic, artisan or laborer residing in this state,

levy.

exemption.

ehanics, etc.,

whether he be a husband or parent, or not, may hold the Tools of meworking tools of his trade or occupation to the value of exempt to fifty dollars exempt from forced sale or execution. Pro. amount of $50. vided, That in no case shall the exemption allowed any one to exceed $200. person exceed two hundred dollars.

Exemption not

How and by

made.

thereon.

24. When a debtor claims personal property as exempt whom claim of under the provisions of this chapter, he shall deliver to the exemption officer holding the execution or other process, a list by separate items, with the value of each item, according to Proceedings the belief of the debtor, of all personal property and estate owned or claimed by him, including money, bonds, bills, notes, claims and demands, with the residence of the person against whom said bonds, bills, notes, claims and demands are, and shall verify such list and valuation by affidavit, which affidavit shall also show that the debtor is entitled to such exemption, and shall specify the character in which he claims to be so entitled, as for example, "that he is a husband." If the value of the property named in said list exceeds, as stated therein, two hundred dollars, the debtor shall state at the foot thereof what part of said property be claims as exempt, as aforesaid; but if such value does not exceed two hundred dollars, as so stated, the claim of exemption shall be held to extend to the whole thereof without more saying; and if no appraisement thereof be demanded, as hereinafter provided, the property so claimed shall be set apart to the debtor as exempt as aforesaid. If the husband be absent, or incapable of acting, or neglect or decline to act, the clain may be made, the list delivered and the affidavit made by the wife with the same effect as if made by the husband. The officer shall immediately, upon receipt of the list, exhibit the same to the creditor, his agent or attorney. If the creditor, his agent or at- Appraisers; how torney, demand an appraisement thereof, within five days after the delivery of the list to the officer, two disinterested householders of the neighborhood shall be chosen, within twenty-four hours of such demand, one by the debtor, his agent or attorney, or in their absence or failure to act, by his wife, and the other by the creditor, his agent or attorney, and these two, if they cannot agree, shall select a third; but if either party fail to choose an appraiser, or the two fail to select a third, or if one or more of the appraisers fail to act, the officer sball fill the vacancy.

appointed.

appraisers.

25. The appraisers shall forthwith proceed to make a Proceedings of list by separate items, of the personal estate selected by the debtor, to the value of two hundred dollars, as near as may be, affixing to each item the value they may agree on, and annexing to the list their affidavit to the following effect: "We solemnly swear that, to the best of our judgment, the Oath of apabove is a fair cash valuation of the property therein described;" which affidavit shall be signed by two appraisers at least, and be certified by some person authorized to

praisers.

List, to whom delivered.

administer oaths. The list shall be delivered to the officer holding the execution, order of sale or other process, and be by him annexed to and made part of his return; and the property therein specified shall be exempt from levy and sale, and the other personal estate of the debtor remain subject thereto. The officer shall also annex as part of his return the list specified in the twenty-fourth section. When an attachment or suggestion has been served on a person owing a claim or demand to the debtor which is by him exempted as aforesaid, the officer shall upon request release such claim or demand by giving thedebtor, his wife, agent or attorney, a written certificate of such exemption, which certificate shall be delivered to the person owing the claim or demand, who shall thereupon be entitled to pay the same to the debtor. And any officer who shall sell any property so claimed as exempt, after the provisions of the twenty-fourth section have been complied with by the debtor, his agent, attorney, or wife, sball forfeit to such debtor double the value of the property so sold, which forfeiture may be recovered from the officer and his sureties in his official bond in any court having Penalty on off jurisdiction in the case. And any officer failing to release cer failing to release property any money or property in his control which shall have been exempted as aforesaid, or fail to deliver the same if in his possession, to the debtor, his agent, attorney or wife, upon request, shall forfeit to the debtor five dollars for each day such failure may continue, which forfeiture may be recovered from the officer and his sureties in an action upon his official bond in any court having jurisdiction. In an action on such bond or on an indemnifying bond taken by such officer, defense may be made on the ground that the debtor was not entitled to exemption as stated in the affidavit accompanying his list.

Penalty on off

cer selling prop

ty exempted.

exempted.

Defence by officer.

Compensation of appraisers.

How paid.

Exemption to. extend to

widow and

of deceased

parents.

26. The appraisers shall each be entitled to fifty cents, to be paid by the creditor if it appear that the property claimed by the debtor, as exempt, did not exceed two hundred dollars in value; otherwise to be paid by the debtor.

27. After the death of a husband or parent residing in this state, his widow or minor children, or such of them as minor children there may be, may select personal estate of the deceased, not exceeding two hundred dollars in value, and hold the same exempt from any debts or liabilities of the husband or parent, contracted or incurred by the deceased in his lifetime. But the personal representative or any creditor of the deceased may have the personal estate so selected appraised as prescribed in the last three sections, and with like effect; and no greater amount than two hundred dollars of the personal estate of the deceased shall be exempt by virtue of this and the four preceding sections; and, if during his lifetime, he had himself set apart personal estate to be exempt from execution and other pro

cess, the same shall be subject thereto after his death, so far as it is not selected as aforesaid by his widow and minor children, or such of them as there may be.

certain cases.

28. No exemption claimed under the five preceding sec- No exemption tions, or any of them, shall affect or impair any claim for allowed in the purchase money of the personal estate in respect to which such exemption is claimed, or any proceeding for the collection of taxes or county or district levies.

appraisement,

29. The circuit court of the county, or judge thereof in Circuit court vacation, on motion of any person aggrieved, may set may set aside aside any appraisement made as aforesaid, and order a new etc. appraisement to be made and returned, and appoint appraisers for that purpose, and make such order respecting the costs as may be deemed just.

Homesteads.

a

30. Any husband or parent residing in this state, or the Homestead exinfant children of deceased or insane parents may hold emption. homestead of the value of one thousand dollars, subject to the provisions of section forty-eight of article six of the constitution of this state, upon complying with the provisions of the next section of this chapter,

set apart.

31. Every husband or parent, and every guardian or How homestead curator of any infant child or children of deceased or insane parents, desiring to set apart such homestead, may do so by a writing, executed and acknowledged, in the same manner that deeds are executed and acknowledged, in the following form or to the following effect:

"This is to certify that I have set apart as a homestead Form of declarfor my own use, (or for the use of the infant ation. child, or children, of deceased, or who is insane, for whom I am guardian or curator, as the case may be,) the following real estate to-wit: All that certain piece or parcel, (or lot, as the case may be,) of lands situate in the county (or counties, as the case may be) of —and bounded and described as follows, to-wit: [Here insert such description of the tract or parcel or lot of land as will clearly identify the same,] together with the premises and appurtenances thereunto belonging.

"Witness the following signature and seal, this day ———, 18—.

[Seal.]"

be recorded by

Such writing, when executed and acknowledged as Declaration to aforesaid, shall be presented to the clerk of the county clerk of county court of the county in which such real estate or the court. greater part thereof may be, and the same shall be recorded by said clerk in a book to be provided by the county court and kept by him for that purpose. But no tax shall be charged or paid upon such writing.

Real estate set apart as home

liabilities.

purchase money, etc.

Exception as to prior debts.

Homestead not

crease in value

32. The real estate so set apart as aforesaid shall from stead, exempt the time such writing as is mentioned in the next precedfrom debts and ing section is, or has been, delivered to said clerk for record, be exempt from all debts and liabilities thereafter contracted and incurred, except debts incurred for the purException as to chase money thereof, or for the erection of permanent improvements thereon, and claims for taxes due thereon. But it shall not be exempt from liens and all other debts and liabilities contracted and incurred prior to the delivery of such writing for record as aforesaid. But nothing herein contained shall affect or impair any right acquired under chapter one hundred and ninety-three of the acts of one thousand eight hundred and seventy-two and three. 33. If the homestead so set apart as aforesaid shall not affected by in- be of greater value than one thousand dollars, at the time above $1,000 00. of the execution and recordation of said writing, the same shall not be affected by any increase in the value thereof Exception as to afterwards, unless such increase is caused by permanent improvements. improvements made thereon. But any creditor of the where a home-person owning said homestead may file his bil' in equity, stead is chargea- alleging that the value thereof at the time of the execuand exceeds tion and recordation of said writing was more than one thousand dollars, or that by reason of permanent improvements made thereon since such execution and recordation, the said homestead is of greater value than one thousand dollars; and if the court shall be satisfied, from the proofs in the cause, that the allegations of said bill are true, it shall make such order or decree as may be necessary to subject such excess of value above the surn of one thousand dollars to the payment of the debt or demand of such creditor. And if more than one creditor shall join in said bill, and their debts or claims be of equal priority, the said excess shall be paid pro rata upon the debt or claim of each.

permanent

Proceedings

ble with a debt,

$1,000 00 in value.

In case of death

34 In case of the death of a husband or parent owning of husband or such homestead, the benefit thereof shall descend to his or benefit of home- her minor children, and shall be held and enjoyed stead descends. by them as such homestead, until all of the said infants

parent, to whom

Judgments against officers and deputies, etc., upon return of process.

How obtained.

attain the age of twenty-one years, unless they sooner die.

Of Judgments on Certain Motions Against Officers and Their

Deputies.

35. If any officer, or deputy, shall make such return upon any order, warrant, or process issued by a court, or the judge or clerk thereof, as entitles any person to recover money from such officer by action, the court to which, or to the clerk's office of which, such return is made, may, on a motion on behalf of such person, give judgment against such officer and his sureties, and against his and their personal representatives, for so much principal and interest as would at the time such return ought to have been made

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