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Sec. 196. In all cases the defendant may select the property which he claims as exempt.
Şec. 197. When a sheriff or other officer has levied upon or attached, or is about to levy upon or attach, personal property which is claimed to be by law exempt from execution or attachment, the sheriff or other officer shall, if required by the person claiming, forth with summon three discreet and disinterested men, having the qualifications of jurors, and resident in the vicinity where the property is found, and administer to them an oath impartially to examine and determine how much, if any, of said property is so exempt. Such persons shall have full power to summon witnesses, administer the necessary oath, and adjourn from time to time, not longer than three days in all. They shall also have power to appraise the property claimed, and the other property of the claimant, so far as may be necessary to determine what portion of it is exempt. They shall deliver their decision to the sheriff in writing, and he shall forth with deliver to the person claiming, such as is decided by them exempt from execution ; but nothing in this section contained shall prevent the person claiming the property from giving a bond and trying his right of property before the district court, as provided in cases for trying the right of property claimed by persons other than the judgment debtor.
Sec. 198. The sheriff shall execute the writ against the property of the judgment debtor by levying on a sufficient amount of property, if there be sufficient, collecting and selling the things in action, and selling the other property, and paying to the plaintiff or bis attorney so much of the proceeds as will satisfy the judgment, or depositing the amount with the clerk of the court. Any excess in the proceeds over the judgment and all costs due shall be returned to the defendant or other person entitled thereto. When there is more property of the judgment debtor than is sufficient to satisfy the judgment and the costs due, within view of the sheriff, he shall levy on only such part of the property as the judgment debtor may indicate : Provided, that the judgment debtor be present and indicate at the time of the levy such part; and, Provided, that the property be amply sufficient to satisfy such judgment and costs.
Sec. 199. Before the sale of property on execution, notice thereof shall be given, as follows: First, In cases of perishable
property, by posting written or printed notice of the time and place of sale in three public places of the township or city wbere the sale is to take place, for such time as may be reasonable considering the character and condition of the property. Second, In cases of other personal property, by posting a similar notice in three public places in the township or city where the sale is to take place, ten days before the day of sale. Third, In case of real property, by posting a similar notice, particularly describing the property, in three of the most public places in the township or city in which such property is situated, twenty days before the day of sale, and by publishing a similar notice once a week, for three weeks successively, before the day of sale, in a newspaper published in the county in which such property is situated, if there be one published therein, and such notices shall particularly state the time and place of all such sales All sheriff's sales on execution shall take place between ten o'clock in the forenvon and four o'clock in the after
Sec. 200. An officer selling without notice, as prescribed by the last section, shall forfeit five hundred dollars to the aggrieved party, in addition to his actual damages; and a person wilfully taking down or defacing the notice posted, if it be done before the sale or satisfaction of the judgment — if the judgment be satisfied before sale - shall forfeit five hundred dollars.
SEC. 201. All sales of property under execution shall be made at auction, to the highest bidder; and when sufficient has been sold to satisfy the execution, including the costs, the sale shall stop. Neither the officer holding the execution nor bis deputy, nor any one acting under him, shall become a purchaser, either directly or indirectly, at such sale. When the sale is of personal property, capable of manual delivery, it shall be within view of those who attend the sale, and be sold in such parcels as likely to bring the highest prices; and when the sale is of real property, and consists of several known lots or parcels, they shall be sold separately; or when a portion of such property is claimed by a third person, and he requires it to be sold separately, such portion shall be thus sold. The judgment debtor, if present at the sale, may also direct the order in which property, real and personal, shall be sold, when such property consists of several known lots or parcels, or of articles which can be sold to advantage separately, and the officer shall be bound to follow such directions.
Sec. 202. If a purchaser refuse to pay the amount bid by him for property struck off to him at a sale under execution, the officer may again sell the property immediately, or at any time afterwards, to the highest bidder, and if any loss be occasioned thereby, the officer may recover the amount of such loss, with costs, by motion, upon previous notice of five days, before any court, or before any justice of the peace, if the same shall not exceed his jurisdiction.
Sec. 203. Such court or justice shall proceed in a summary manner to give judgment, and issue execution thereon forth with, but the defendant may claim a jury. And the same proceeding may be had against any subsequent purchaser who may refuse to pay, and the officer may in his discretion thereafter reject the bid of any person so refusing.
SEC. 204. The two preceding sections shall not be construed to make the officer liable for any more than the amount bid by the second or subsequent purchaser and the amount collected from the purchaser refusing to pay.
Sec. 205. When the purchaser of any personal property capable of manual delivery shall pay the purchase-money, the officer making the sale shall deliver to the purchaser the property, and, if desired, shall execute and deliver to him a certificate of the sale and payment. Such certificate shall convey to the purchaser all the right, title and interest which the debtor had in and to such property on the day the execution was levied.
Sec. 206. In case of the sale of real property, the sheriff shall execute to the purchaser, upon the payment of the purchase-money, a deed showing the parties to the judgment, the court and county in which the judgment was rendered, the amount thereof, the date of the judgment, and the facts showing that the law has been com plied with in respect to the sale. Such deed shall convey to the purchaser all the interest of the judgment debtor in the property sold.
SEC. 207. If a purchaser of real property sold on execution, or his successor in interest, be ejected therefrom in consequence of irregularity in the proceedings concerning the sale, or of the reversal or discharge of the judgment, he may recover the price paid, with interest, from the judgment creditor. If the purchaser of the property at sheriff's sale, or his successor in interest, fail to recover possession in consequence of irregularity in the proceedings concerning the sale, or because the property sold was not subject to execution and sale, the court having jurisdiction thereof shall, on petition of such party in interest or his attorney, revive the original judgment for the amount paid by such purchaser at the sale, with interest thereon from the time of payment at the same rate that the original judgment bore; and when so revived, the said judgment shall have the same effect as the original judgment of said court of that date, and bearing interest as aforesaid, and any other or after acquired property, rents, issues, or profits of the said debtor, shall be liable to levy and sale under execution in satisfaction of such debt: Provided, that no property of such debtor sold bona fide before the filing of such petition shall be subject to the lien of said judgment.
Sec. 208. The clerk of the district and probate courts shall procure, at the expense of the county, an order book, court docket, bar docket, and such other books required by law to be kept by such clerk, or as the court may order.
Sec. 209. The proceedings of each day's business of court shall be entered up by the clerk in the order book, in full, and sball be read in open court on each morning, and signed by the judge.
Sec. 210. The clerk of the court shall prepare a court docket and a bar docket. The court docket shall be for the use of the court, and the bar docket for the use of the bar. Each shall show the names of the parties to each case, the number thereof, the plaintiffs and defendants, attorneys, the date of the commencement of the cause, and the day on which the same is set for trial. There shall be sufficient space left on the court docket at each cause for the judge to make full minutes of all that is done therein, and it shall be the duty of the judge to make such minutes at the time that any proceedings are therein had.
CLAIM TO PROPERTY LEVIED UPON OR ATTACHED.
Sec. 211. When any other than the judgment debtor shall claim property levied upon or attached, he shall have the right to demand and receive the same from the officer making the levy or attachment, upon his making an affidavit that the property is his, or that he has the right to the immediate possession thereof, stating the value thereof, and describing the same, and giving to the officer a bond, with sureties in double the value of such property, conditioned that he will appear at the next term of the court in the district in which the property was seized, which shall codimence ten days or more after the acceptance of the bond by the officer, and make good his title to the same, or that he will return such property to the officer or pay its value. If the officer require it, the sureties shall justify as in other cases, and in case they do not justify when required, the officer shall retain the property. If such officer do not require the bail to justify, he shall stand good for their sufficiency. He shall date and indorse his acceptance on the bond.
Sec. 212. The officer shall return the affidavit, bond, and justification, if any, to the officer of the district court, and the clerk sball place the same upon the docket of the court at the first term, which sball commence ten days or more after the acceptance of the bond by the officer, as above provided for, and it shall stand for trial at that term, and it shall be governed by rules regulating other trials
Sec. 213. The person claiming the property shall be the plaintiff, and the officer and plaintiff in the execution or attachment defendants.
SEC. 214. If the claimant make good his title to the property, the bond shall be cancelled; if to a portion thereof, a like portion of the bond shall be cancelled; but if he shall not maintain his title, judgment shall be rendered against him and his sureties for the value of the property, or for such less amount as shall not exceed the amount due on the original execution or attachment. When the judgment is in favor of the officer for the entire property, the claimant shall pay the costs. When the claimant recovers all