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Proceedings of officer.

Notice.

Publication.

Adjournment of sale.

Who con

sidered

SEC. 66. The officer having such execution against any corporation mentioned in the preceding section, shall, thirty days, at least, before the day of sale of the franchise, or other corporate personal property, give notice of the time and place of sale, by posting up a notice thereof in any township in which the clerk, treasurer, or any one of the directors of such corporation may dwell, and also by causing an advertisement of the sale, expressing the name of the creditor, the amount of the execution, and the time and place of sale, to be inserted three weeks successively in some newspaper published in any county in which either of the aforesaid officers may dwell, if any such there be, and if no newspaper be published in any such county, then in a paper published in an adjoining county.

SEC. 67. The officer who may levy any execution, as prescribed in the preceding section, may adjourn the sale from time to time as may be necessary, until the sale shall be completed.

SEC. 68. In the sale of the franchise of any corporation, highest bidder the person who shall satisfy the execution, with all legal fees for franchise. and expenses thereon, and shall agree to take such franchise for the shortest period of time, and to receive during that time all such toll as the said corporation would by law be entitled to demand, shall be considered as the highest bidder.

What transferred by officer's return.

Delivery of toll houses,

etc.

Receipt of toll.

Recovery of penalties for injury to franchise.

Powers, duties and liabilities of corporation.

SEC. 69. The officer's return on such execution shall transfer to the purchaser all the privileges and immunities which by law belong to such corporation, so far as relates to the right of demanding toll; and the officer shall, immediately after such sale, deliver to the purchaser possession of all the toll houses and gates belonging to such corporation, in whatever county the same may be situated; and the purchaser may thereupon demand and receive all the toll which may accrue during the time limited by the terms of his purchase, in the same manner, and under the same regulations, as such corporation was before authorized to demand and receive the same.

SEC. 70. Any person who may have purchased, or shall hereafter purchase under the provisions of this chapter the franchise of any turnpike or other corporation, and the assignees of such purchaser, may recover, in an action on the case, any penalties imposed by law for an injury to the franchise, or for any other cause, and which such corporation would have been entitled to recover during the time limited in the said purchase of the franchise; and during that time the corporation shall not be entitled to prosecute for such penalties.

SEC. 71. The corporation whose franchise shall have been sold as aforesaid shall, in all other respects retain the same powers, and be bound to the discharge of the same duties, and liable to the same penalties and forfeitures, as before such sale.

SEC. 72. Such corporation may, at any time within three Redemption. months after such sale, redeem the franchise, by paying or tendering to the purchaser thereof the sum that he shall have paid therefor, with interest thereon, but without any allowance for the toll which he may have received; and upon such payment or tender, the said franchise, and all the rights. and privileges thereof, shall revert and belong to said corporation, as if no such sale had been made.

Exemption of Homesteads.

of what it

SEC. 73. A homestead, consisting of any quantity of land Homestead, not exceeding forty acres, and the dwelling house thereon and consists. its appurtenances, to be selected by the owner thereof, and not included in any recorded town plat or city or village, or instead thereof, at the option of the owner, a quantity of land not exceeding in amount one lot, being within a recorded town plat or city or village, and the dwelling house thereon and its appurtenances, owned and occupied by any resident of this State, not exceeding in value fifteen hundred dollars, shall not be subject to forced sale on execution, or any other Not subject final process from a court, for any debt or debts growing out to sale on of or founded upon contract, either express or implied. This section shall be deemed and construed to exempt such homestead in the manner aforesaid during the time it shall be occupied by the widow or minor child or children of any deceased person, who was, when living, entitled to the benefits of this section.

execution.

invalid with

SEC. 74. Such exemption shall not extend to any mortgage Alienation thereon lawfully obtained, but such mortgage or other aliena- out wife's tion of such land by the owner thereof, if a married man, shall signature. not be valid without the signature of the wife to the same, unless such mortgage shall be given to secure the payment of the purchase money or some portion thereof.

homestead.

SEC. 75. Whenever a levy shall be made upon, or any cir- Selection of cuit court commissioner shall advertise for sale under any decree upon the foreclosure of any mortgage not valid as against the homestead and so stated in such decree, the lands and tenements of a householder whose homestead has not been platted and set apart by metes and bounds, such householder shall notify the officer at the time of making such levy or at the time of such advertising for sale what he regards as his homestead, with a description thereof, within the limits above prescribed, and the remainder alone shall be subject to sale under such levy or decree. If at the time of such levy or advertising for sale such householder shall fail or neglect to notify the officer making the levy or advertising such property for sale, what he regards as his homestead with a description thereof, the officer making the levy or advertising such property for sale, shall call upon such householder to make his selection of a homestead out of said land, describing the same minutely. If after such notice the owner of the land shall fail to select his homestead, such officer may select the home

Proviso, selection by officer.

Survey.

Sale of property.

Description in deed.

House on leased land.

Not exempt from taxation, etc.

When property

exceeds $1500 in value.

stead out of said land for him, and the remainder over and above that part selected by the officer or by the owner of the land, as the case may be, alone shall be subject to sale under such levy or decree: Provided, That in making this selection of the homestead out of the lands levied upon or advertised for sale, if such selection is made by the officer making the levy or advertising for sale, he shall select lands in compact form, which lands so selected by him as the homestead of the owner shall include the dwelling house and its appurtenances thereon.

SEC. 76. If the plaintiff in execution or in said decree shall be dissatisfied with the quantity of land selected and set apart as aforesaid either by the owner of the land or by the officer making the levy or advertising the land for sale, he shall cause the same to be surveyed, beginning at a point to be designated by the owner or by the officer making the levy or advertising for sale, and set off land in compact form including the dwelling house and its appurtenances, to the amount specified in the first section of this chapter; and the expense of such survey shall be chargeable on the execution or decree and collected thereupon.

SEC. 77. After the survey shall have been made, the officer may sell the property levied upon or included in the decree, and not included in the set-off, in the same manner as provided in other like cases for the sale of real estate; and in giving a deed of the same he may describe it according to the original levy or as described in the decree, excepting therefrom by metes and bounds, according to the certificate of the survey, the quantity as set off as aforesaid.

SEC. 78. Any person owning and occupying any house on land not his own, and claiming said house as a homestead shall be entitled to the exemption aforesaid.

SEC. 79. Nothing in this chapter shall be considered as exempting any real estate from taxation or sale for taxes.

SEC. 80. Whenever the homestead of any debtor in any such case, shall exceed in value the amount of fifteen hundred dollars, the debtor shall not for that reason lose the benefit intended to be secured to him or her by this chapter; but in all such cases, when in the opinions of the creditors or officer holding an execution or decree as aforesaid, against such householder, the premises claimed by him as exempt are worth more than fifteen hundred dollars, such officer shall summon six persons qualified to act as jurors, who shall upon oath, to be administered to them by said officer, appraise the said premises; and in case the value thereof shall be more than fifteen hundred dollars, and cannot be divided, they shall make and sign an appraisal of its value, and deliver the same to the officer, who shall deliver a copy thereof to the debtor, or to some of his family of suitable age to understand the nature thereof, with a notice thereto attached, that unless the said debtor shall pay the said officer the surplus, over and above the fifteen hundred dollars, or the amount due on said

execution or decree, within sixty days thereafter, that such premises will be sold.

premises.

SEC. 81. In case such surplus, or the amount due on said Sale of execution or decree, shall not be paid within the sixty days, it shall be lawful for the officer to proceed to advertise and sell the said premises, and out of the proceeds of said sale to pay such debtor the said sum of fifteen hundred dollars, which shall be exempt from execution for one year thereafter, and apply the balance on said execution: Provided, however, That Proviso, no sale shall be made in the case last mentioned, unless a property. greater sum than fifteen hundred dollars shall be bid therefor, in which case the officer may return said execution for want of property, or report the facts to the court in which said decree was rendered, as the case may require.

return of

estate, etc.,

payment

acquired

SEC. 82. All the real estate of any debtor, including legal All real and equitable interests in lands acquired by the parties to subject to contracts for the sale and purchase of lands, whether in pos of debts. session, reversion or remainder, including lands fraudulently conveyed, with intent to defeat, delay or defraud his creditors, and the equities and rights of redemption hereinafter mentioned, shall be subject to the payment of his debts, liabilities and obligations, and may be levied upon and sold on execution as hereinafter provided. And when any sale, by Rights virtue of any execution, shall become absolute, as hereinafter upon execuprovided, the purchaser at such sale shall acquire all the tion sale. rights and interests that the debtor had in and to the lands so sold, at the time of the levy by virtue of the execution; or if the levy was made by virtue of an attachment, said purchaser shall acquire all the rights and interests that the debtor had in and to the lands so sold at the time of the levy by virtue of said attachment, including in either case the right to enforce specific performance of any contract hereinbefore mentioned, upon performing the conditions thereof, as stipulated therein by said debtor: Provided, That this sec- Proviso, tion shall not be construed so as to make liable to levy and of section. sale on execution any amount of land not exceeding the amount now exempted by law from levy and sale on execution, and which would be exempt from levy and sale on execution, if owned by the debtor occupying the same. That in Ascertain- . case of a levy upon the equitable interest of a judgment of judgment debtor, the judgment creditor, may before the sale, institute creditor. proceedings in aid of said execution, to ascertain and determine the rights and equities of said judgment debtor, in the premises so levied upon, and that in case of a sale of said premises, without having ascertained and determined the interest of said judgment debtor in the premises so levied upon and sold, he shall within one year institute proceedings to ascertain and determine the same, and to settle the rights of the parties in interest therein.

construction

ment of rights

to be filed

SEC. 83. No levy by execution on real estate shall be valid Notice of levy against bona fide conveyances made subsequent to such levy, with register until a notice thereof, containing the names of the parties to of deeds.

Entry of time of receiving.

Index.

the execution, a description of the premises levied upon, and the date of such levy, shall be filed by the officer making the same, in the office of the register of deeds of the county where the premises are situated, and such levy shall be a lien thereon from the time when such notice shall be so deposited; and the lien thus obtained, shall, from the filing of such notice, be valid against all prior grantees and mortgagees of whose claims the party interested shall not have actual nor constructive notice. And such register shall thereupon enter on such notice a minute of the time of receiving the same, and shall record the same in a book to be kept for that purpose, and shall make an index to such record in such manner as shall be convenient for public reference, of the names of parties to the execution, as stated in said notice, and such officer shall receive for making and filing the notice as aforesaid, the sum of fifty cents, and such register of deeds shall receive for recording the same the same fees as are allowed by law for recording notices of the pendency of suits in chancery, which fees the said officer shall add to the costs to be collected by such execution, and shall in like manner collect Certificate of the same; and when such execution shall be fully paid, satisfied or discharged, it shall be the duty of the clerk of the court that issued such execution to give to the defendant a certificate, under the seal of the court, that the same is satisfied or discharged, and such certificate may be recorded in the same manner as is provided for the recording of such notice.

Fees.

satisfaction of execution.

When lien of

SEC. 84. Each and every levy by execution on real estate levy to cease. heretofore or hereafter made shall cease to be a lien on such real estate, and shall become and be void at and after the expiration of five years from the making of such levy, unless such real estate be sooner sold thereon.

Notice of sale, how given.

Manner of Selling Real Estate.

SEC. 85. Previous to the sale of any real estate taken on execution, notice of the time and place of holding such sale shall be given as follows:

1. A written or printed notice thereof shall be fastened up in three public places in the township or city where such real estate shall be sold, six weeks previous to the sale, and if such sale be in a township or city different from that in which the premises to be sold are situated, then such notice shall also be fastened up in three public places in the township in which the premises are situated;

2. A copy of such notice shall be published once in each week, for six successive weeks, in a newspaper printed in the county in which such real estate is to be sold, if there be one;

3. If there be no newspaper printed in such county, then such notice shall be published once in each week, for six successive weeks, in some newspaper printed in an adjoining county.

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