1. All sewing machines, not exceeding one such machine for each family, all spinning wheels, weaving looms with the apparatus, and stoves put up and kept for use in any dwelling house;

2. A seat, pew or slip, occupied by such person or family, in any house or place of public worship;

3. All cemeteries, tombs and rights of burial, while in use as repositories of the dead;

4. All arms and accoutrements required by law to be kept by any person; all wearing apparel of every person or family; 5. The library and school books of every individual and family, not exceeding one hundred and fifty dollars, and all family pictures;

6. To each householder, ten sheep, with their fleeces, and the yarn or cloth manufactured from the same; two cows, five swine, and provisions and fuel for comfortable subsistence of such householder or family for six months;

7. To each householder, all household goods, furniture and utensils, not exceeding in value two hundred and fifty dollars; 8. The tools, implements, materials, stock, apparatus, team, vehicle, horses, harness, or other things, to enable any person to carry on the profession, trade, occupation or business in which he is wholly or principally engaged, not exceeding in value two hundred and fifty dollars. The word team in this subdivision shall be construed to mean, either one yoke of oxen, a horse, or a pair of horses, as the case may be;

9. A sufficient quantity of hay, grain, feed and roots, whether growing or otherwise, for properly keeping for six months the animals in the several subdivisions of this section exempted from execution, and any chattel mortgage, bill of sale, or other lien created on any part of property above described, except such as is mentioned in the eighth subdivision of this section, shall be void, unless such mortgage, bill of sale or lien be signed by the wife (if he have any) of the party making such mortgage or lien.

property not exempt from

notice to

SEC. 44. The property exempted in the eighth subdivision Certain of the preceding section shall not be exempt from any execution issued upon a judgment rendered for the purchase money execution for purchase for the same property, and any sale of such property after the price. commencement of a suit to recover the purchase price thereof. and the filing of the notice hereinafter required, shall be null and void as against such an execution: Provided, The plain- Proviso, tiff in any suit shall file or cause to be filed with the clerk be filed. of the city, village, or township in which the owner of such property resides, a notice in which he shall state the time when such suit was commenced, the amount claimed to be due, that the suit is brought to recover the purchase money for the property, a description of the property sought to be reached, and the name of the defendant. At the time of fil- Fee of clerk. ing such notice the party filing the same shall pay to the clerk the sum of twenty-five cents, and said clerk shall en

Building and loan shares.

Proviso, when not exempt.

Inventory and appraisal.

Selection of exemption.

Compensation of appraisers.

Selection of exempt animals, etc.

Payment of exemption in money.

dorse upon such notice the date of filing the same and make the same record as in case of chattel mortgages.

SEC. 45. The shares held by any member, being a householder, of any association incorporated under the provisions of act number seventeen of the Public Acts of nineteen hundred one, relating to mutual building and loan associations, shall be exempted from levy and sale on execution or attachment to the amount of one thousand dollars in such shares, at the par value thereof: Provided, That such exemption shall not apply to any person who shall have a homestead exempted under the general laws of this State.

SEC. 46. When a levy shall be made upon property of any class or species, which is exempt by law from execution to a specified amount or value, the officer levying such execution, shall make an inventory of so much of such property belonging to the person against whom the execution was issued, as shall be sufficient in the judgment of such officer, to cover the amount of such exemptions, and satisfy the execution, and cause the same to be appraised at its cash value, by two disinterested freeholders of the township or city where the property may be, on oath to be administered by him to such appraisers.

SEC. 47. Upon such inventory and appraisal being completed the defendant in execution, or his authorized agent. may select from such inventory an amount of such property not exceeding, according to such appraisal, the amount or value exempted by law from execution; but if neither such defendant nor his agent shall appear and make such selection, the officer shall make the same for him.

SEC. 48. The appraisers mentioned in the forty-sixth section of this chapter, shall be entitled to two dollars per day each for their services, and six cents per mile for traveling, in going only, for which the plaintiff in execution shall be liable to them, and the amount of their travel and fees shall be collected upon the execution.

SEC. 49. Whenever the defendant in an execution shall have cows, sheep, swine, or other animals or articles, some of which are exempt by law from sale on execution, and some of which are not so exempt, the officer may take all such horses, cows, sheep, swine or other animals or articles into his possession, and the defendant or his authorized agent may, immediately, on being notified of the levy, select so many thereof as are exempt by law from execution, but if the defendant be absent, or neglect to make such selection on being notified, the officer shall make the same for him.

SEC. 50. Whenever a levy is made upon any article, belonging to a class or species which is exempt from execution to a specified amount or value, and the value thereof as determined by the appraisal, shall be in excess of the amount of the exemption allowed therein to the defendant in execution, levy and sale thereof may be made under the execution in the ordinary way, and unless the amount of the exemption shall

property not

have been claimed or set off in other property or waived, the officer shall pay to the defendant in execution, the amount of such exemption, in money from the proceeds of the sale, and the balance of such proceeds shall be applied towards the satisfaction of the execution. If at the sale no bid shall be When made for such property, in excess of the amount of the exemp to be sold. tion allowed therein, such property shall not be sold, but shall be returned to the defendant. If the defendant in execution shall before such sale, pay to the officer the difference between the appraised value of such property, and the amount of the exemption therein, not to exceed the amount due on such execution with costs of such levy, to be applied upon the execution, such property shall not be sold, but shall be returned to the defendant: Provided, That if after such officer Proviso. shall have completed the levy upon such property, the defendant in execution shall give to such officer a sufficient bond, to be approved by him, conditioned that said defendant will deliver said property to such officer or before the time of sale, pay to him the difference between the appraised value of such property, and the amount of his exemption, not to exceed the amount due on such execution with costs accrued, then such officer may permit such defendant to have possession of such property during the period intervening between the making of the levy and the time of sale.

possession
of property.

SEC. 51. No sale of any goods or chattels shall be made by Notice of sale. virtue of any execution, unless at least ten days previous notice of such sale shall have been given, by fastening up written or printed notices thereof, in three public places in the city or township where such sale is to be had, and specifying the time and place where the same is to be had.

property,

SEC. 52. No personal property shall be exposed for sale Personal on execution, unless the same be present and within the view how sold. of those attending such sale; and it shall be offered for sale in such lots and parcels as shall be calculated to bring the highest price.

SEC. 53. If, at the time appointed for the sale of any real Postponeor personal property on execution, the officer shall deem it ment of sale. expedient, and for the interest of all persons concerned, to postpone the sale for want of purchasers or other sufficient cause, he may postpone the same from time to time until the sale shall be completed; and in every such case he shall make public declaration thereof at the time and place previously appointed for the sale, and if such postponement be for a longer time than twenty-four hours, notice thereof shall be given in the same manner as the original notice of such sale is required to be given.

take property,

SEC. 54. If the highest bidder for any article at any sale Refusal to on execution shall refuse to take and pay for it, the officer etc. shall sell the same again at the same time, or within ten days thereafter, giving notice of the second sale, and he shall account for what he shall receive on the second sale, and for any

Recovery of damages.

Growing grain or unharvested

crops.

No sale until ripe.

Perishable property.

Order of court for sale.

damages that may be recovered of the first bidder, for any loss on the resale, as for so much received on the execution.

SEC. 55. When a levy shall be made upon grain while growing, or on any unharvested crops, by virtue of any execution, the officer making such levy shall file a notice of said levy in the office of the township clerk of the township, or city clerk or recorder of the city where such grain or crops are at the time of making such levy; and such clerk or recorder shall file said notice in his office, in the same manner as he is required by law to file a chattel mortgage; and such notice shall be constructive evidence to all persons of the interest of the plaintiff in the execution, and shall be entitled to the same fees therefor, to be paid by the plaintiff in the execution, and shall be collected as costs in the case, and no sale of said crops or grain shall be made until the same shall be ripe or fit to be harvested, and any levy thereon by virtue of an execution issued from a circuit court, shall be continued beyond the return day thereof, if necessary, and remain in life, and the execution thereof may be completed at any time. within thirty days after such grain or other unharvested crops shall be ripe or fit to be harvested.

SEC. 56. Whenever the sheriff of any county shall, by virtue of any execution, issued by a court of record, levy upon any peaches, blackberries, raspberries, strawberries, or other perishable property, he shall proceed to sell the same at such time, place or manner as he may deem most beneficial for the interest of the defendant.

SEC. 57. No sale shall be made under the provisions of the preceding section, except upon the written order of the court, from which process shall have been issued, authorizing such sale at such time, place and manner as said court shall decree most beneficial for the benefit of defendant: Provided, That defendant, etc. the court shall direct that notice be given to the defendant, or his agent, of the time and place of such sale, and the court shall direct how the notice shall be given.

Proviso,

notice to

How taken.

Certificate of shares to be furnished.

Levy on Corporate Shares, Except as Expressly Exempted by Law.

SEC. 58. Any share or interest of any stockholder in any corporation, that is or may be incorporated under the authority of any law of this State, unless expressly exempted by law, may be attached or taken in execution and sold in the manner hereinafter provided.

SEC. 59. The officer of any company who is appointed to keep a record or account of the shares or interest of the stockholders therein or in whose office there is required to be kept any list or statement showing the stockholders of such corporation and the number of shares held by each or their interest therein, shall upon exhibiting to him the attachment or execution be bound to give the officer a certificate of the number of shares or amount of the interest held by the defendant named in such attachment or the judgment debtor.

execution,

SEC. 60. Whenever any corporate shares of stock shall be Copy of attached or taken in execution, the officer shall leave a copy etc., to be left of the attachment or execution certified by him with the with clerk, etc. clerk, treasurer, cashier, or agent of the corporation if there be any such officer, and if not then with any officer or person who has, at the time, the custody of the books and papers of the corporation within this State. No attachment or levy upon shares of stock for which a certificate is outstanding, shall be valid until such certificate be actually seized by the officer making the attachment or levy, or be surrendered to the corporation which issued it, or its transfer by the holder be enjoined, or restrained.

of transfer

SEC. 61. Any court of law or equity from which any at Restraint tachment or execution may have issued, shall have full power of stock. and authority upon motion, and without notice, to make an order restraining the transfer of any such shares of stock, and upon the service of a certified copy of such order, the same shall be as effectual for all purposes as though it were an injunction issued by a court of equity. This section shall not be construed to in any way abrogate or limit the jurisdiction of courts of equity as heretofore existing.

titled to

SEC. 62. A copy of the execution and the return thereon, Purchaser of certified by the officer executing the same, shall, within four- shares enteen days after the sale be left with the officer of the com- certificate. pany whose duty it may be to keep a record of the transfer of shares; and the purchaser shall thereupon be entitled to a certificate or certificates of the shares bought by him, upon paying the fees therefor, and for recording the transfer.

SEC. 63. If the shares or interest of the judgment debtor Dividends. shall have been attached in the suit in which the execution issued, the purchaser shall be entitled to all the dividends which shall have accrued after the levying of the attachment.

execution

SEC. 64. If an execution shall be returned satisfied in whole When new or in part, by the sale of any property which shall afterwards to issue. appear not to have belonged to the judgment debtor, or not to have been liable to execution, and if any damages shall be recovered against the judgment creditor, or the officer who served the execution, on account of the seizure and sale of the property, the court may on the application of such judgment creditor, order a new execution to be issued on such judg ment, for the amount then remaining justly and equitably due thereon.

Executions Against Corporations Authorized to Receive Toll.

companies.

SEC. 65. When any judgment shall be recovered against Franchise, any turnpike or other corporation authorized to receive toll, etc., of toll the franchise of such corporation, with all the rights and privileges thereof, together with all their corporate property, both real and personal, may be taken on execution, and sold at public action.