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it comes to the officer's hands; and this although he may not note the time.- Johnson v. McLane, 7 Blackf. 501; Cones v. Wilson, 14 Ind. 465.

2. A sale of goods made by the execution-defendant after the writ has come to the officer's hand does not affect the lien.- Vandibur v. Love, 10 Ind. 54.

3. But the sale of such property so sold will be injoined until the other property of the execution-defendant is exhausted. Sidener v. White, 46 Ind. 588.

4. Service of execution is making known its contents to the debtor, and demanding payment thereof, and should precede the levy.- Terrell v. State, 66 Ind. 570.

5. Directions to delay proceedings upon an execution do not affect the lien thereof when there are no junior liens.— Griffin v. Wallace, 66 Ind. 410.

687. Sheriff's successor to execute writ, when. 492. If the Sheriff die or go out of office before the return of any execution, his suc cessor, or other officer authorized to discharge the duties of the office in such case, shall proceed thereon in the same manner that the Sheriff should have done. (419.)

688. Alias execution. 545. The Clerk, upon the return of an execution unsatisfied, shall issue another execution upon the judgment, and indorse thereon the amount of money levied by the former, if any. (471.)

1. An execution, with the return thereon by the Sheriff, is a record; it is conclusive against the officer, and is prima facie evidence in his favor.- Splahn v. Gillespie, 48 Ind. 397.

2. The purchaser at Sheriff's sale is not bound to see that he makes a proper return to the execution, or that he makes any.- State v. Salyers, 19 Ind. 432.

3. Sheriff's sales of lands are within the statute of frauds; and unless some memorandum be made thereof in writing, the purchaser can not be held therein.— Hadden v. Johnson, 7 Ind. 394; Ridgway v. Ingram, 50 id. 145.

689. To another county-Lien from levy. 606. An execution against property issued to another county shall bind the real estate of the defendant from the time of the levy. (532.)

690. Stay of— Time. 493. When judgment has been rendered against any person for the recovery of money or sale of property, he may, by procuring one or more freehold sureties to enter into a recognizance, acknowledging themselves bail for the defendant for the payment of the judgment, together with the interest and costs accrued and to accrue, have a stay of execution from the time of signing the judgment, as follows:

First. If the sum for which the judgment was rendered, inclusive of costs, do not exceed six dollars, for thirty days.

Second. If such sum and costs exceed six and do not exceed twelve dollars, sixty days.

Third. If such sum and costs exceed twelve and do not exceed twenty dollars, ninety days.

Fourth. If such sum and costs exceed twenty and do not exceed forty dollars, one hundred and twenty days.

Fifth. If such sum and costs exceed forty and do not exceed one hundred dollars, one hundred and fifty days.

Sixth. If such sum and costs exceed one hundred dollars, one hundred and eighty days. (420.)

691. Bail, how taken - Its effect. 494. The bail for stay of execution may be taken and approved by the Clerk, and the recognizance entered of record at any time before the term of the stay of execution expires. The undertaking in the recognizance shall be for the payment of the judgment, interest, and costs that may accrue at or before the expiration of the term of the stay of execution. The recognizance shall be

written immediately following the entry of the judgment, and signed by the bail.

(421.)

1. The statute, as to the place where the recognizance shall be written, is merely directory.- Williams v. Beisel, 3 Ind. 118.

2. An entry of replevin-bail after the judgment has become unrepleviable is not a judgment, and can not support an execution.- Osborn v. May, 5 Ind. 217.

3. Replevin-bail is wholly statutory; its effect is that of a judgment confessed by the recognizor.-- Vincennes N. Bank v. Cockrum, 64 Ind. 229.

4. The judgment upon a guardian's bond, by statute, is not repleviable.— Bescher v State, 63 Ind. 302.

5. If judgment be stayed by agreement of parties, the agreement must be certain as to the time fixed, else it can not be enforced or recognized.-Irwin v. Helgenberg, 21 Ind. 106.

692. Clerk to notify Sheriff-Return. 495. When the bail is entered after execution issued, the Clerk shall immediately notify the Sheriff of the stay, and he shall forthwith return the execution, noting his doings thereon. (422.)

693. Clerk's indorsement on repleviable judgment. 496. When execution issues for want of bail before the term for stay expires, the Clerk shall indorse thereon the date of the judgment, and that the same is repleviable. (423.)

694. Stay for residue. 497. In such case the defendant may have a stay of execution for the residue of such term, by putting in bail, to be approved by the Sheriff, and indorsed thereon, and signed by the bail. (424.)

695. Recognizance, where copied. 498. The Sheriff, having taken the bail, shall immediately return the execution, with his doings thereon, to the Clerk's office, and the recognizance shall be copied by the Clerk in the execution-docket, and shall have the same force as if taken by the Clerk. (425.)

696. Property levied on to be relinquished. 499 All property levied on before stay of execution, and all written undertakings for the delivery of personal property to the Sheriff, shall be relinquished by the officer, upon bail for the stay of execution being entered. (426.)

697. Bail-Effect of judgment confessed. 500. Every recogni zance of bail, taken as above provided, shall have the effect of a judgment confessed, from the date thereof, against the person and property of the bail. (427)

698. Joint execution. 502. At the expiration of the stay it shall be the duty of the Clerk to issue a joint execution against the property of all the judgment-debtors and replevin bail; but the Sheriff shall first levy upon the property of the judgment-defendants, if sufficient can be found; if not, he shall then, without delay, levy the execution upon the property of the bail. But no property of the bail shall be sold while property of the original judgment-debtor, subject to the execution, can be found in the county.

(428.)

1. The Clerk should not issue execution without an order.- Lewis v. Phillips, 17 Ind. 108; Nunemacher v. Ingle, 20 id. 135.

2. A replevin-bail is entitled to all the rights of a surety.- Elson v. O'Doud, 40 Ind. 300.

699. When stay not allowed-Return limited. 503. No stay of execution shall be allowed upon any judgment recovered against any officer, person, or corporation, or the sureties of any of them, for money received in

a fiduciary capacity or for a breach of any official duty. The Clerk shall issue executions upon such judgments forthwith, returnable in ninety days, and indorsed "not repleviable," and it shall be so ordered in the judgment. (429.)

700. Sureties may prevent stay-Exception. 504. When any Court shall render judgment against two or more persons, any of whom are sureties for any other or others in the contract on which the judgment is founded, there shall be no stay of execution on the judgment, if the sureties object at the time of rendering the judgment; and it shall be so ordered by the Court, unless the bail for the stay of execution will undertake specially to pay the judgment in case the amount thereof can not be levied of the principal defendant, (430.)

701. When bail may have execution.

505. Any bail for the stay of execution may file with the Clerk an affidavit, stating that he verily believes he will be liable for the judgment, interest, and costs thereon unless execution issue immediately; and the Clerk shall thereupon issue execution forthwith, unless other sufficient bail be entered before the Clerk or Sheriff, as in other cases. (431.)

702. Entry of other bail-Its effect. 506. If other sufficient bail be entered, it shall have the force of the original bail entered before the filing of the affidavit, and shall discharge the original bail. (432.)

[1879 S., p. 127. In force May 31, 1879.]

703. Exemption - Six hundred dollars. 1. An amount of prop. erty not exceeding in value six hundred dollars, owned by any resident householder, shall not be liable to sale on execution or any other final process from a Court, for any debt growing out of or founded upon a contract, express or implied, after the taking effect of this Act.

I An officer holding an execution can not question the truth of a proper schedule, duly verified, presented to him by the debtor for exemption purposes.- Douch v. Rahner, 61 Ind. 64.

2. Exemption is a personal right which the debtor may waive or claim. It applies only in actions on contract.-State v. Melogue, 9 Ind. 196.

3. Every resident householder of the State is entitled to exemption, as well when in transit as when permanently settled. Mark v. State, 15 Ind. 98.

4. A partner can not claim, as exempt, partnership property mortgaged by the firm to secure a partnership debt.-- Love v. Blair, 72 Ind. 281.

704. Kind of property exempt. 2. The property may be real or personal, or both, as the debtor may elect and designate at the time he claims the exemption.

1. Exemption does not apply to property voluntarily pledged or mortgaged by the debtor. Recker v. Kilgore, 62 Ind. 10; Mead v. McFadden, 68 id. 340.

2. The Act of 1879 operates to extend the amount of exemption to six hundred dollars in case of an assignment for the benefit of creditors by the debtor.— O'Neil v. Beck, 69 Ind. 239.

3. A judgment for alimony is not subject to exemption.- Menzie v. Anderson, 65 Ind. 239.

4. Exemption does not apply to actions in tort, but appraisement does.-Smith v. Davis, 58 Ind. 434.

705. Selection of appraisers. 3. For the appraisement of any property to be exempted under the provisions of this Act, two disinterested householders of the neighborhood shall be chosen, one by the plaintiff, his agent or attorney, and one by the execution-debtor; and these two, in case of disagreement, shall select a third; and in case either party fails to select

an appraiser, the same shall be selected by the officer holding the execu tion,

1. The defendant may claim his exemption at any time before sale in ordinary cases, and at any time before judgment in attachments.-State v. Manly, 15 Ind. 8. 2. A resident householder can not claim land as exempt when the title thereto is in his wife. Holman v. Martin, 12 Ind. 553.

3. When the defendant ceases to be a resident of this State, exemption ceases, and the property exempted may be seized and sold.--Finley v. Sly, 44 Ind. 266.

4. Property set off as exempt is discharged from the lien of the execution.-Godman v. Smith, 17 Ind. 152; Maxedon v. State, 24 id. 370..

706. Schedule and appraisement. 4. Such appraisers shall proceed forthwith to make a schedule of the real and personal property selected by the debtor, describing the real estate by metes and bounds, and the personal property by separate items, affixing to each the value they may agree upon; and they, or a majority, shall affix to the schedule so made, an affidavit in substance as follows: "We the undersigned swear that, in our opinion, the above is a just valuation of the property therein described."

1. One set-off in exemption answers only to the execution under which it is made; to another writ, there must be another set-off.- Finley v. Sly, 44 Ind. 266.

2 The surrender of property upon an execution, on the giving of a delivery-bond therefor, does not bar exemption.-Eltzroth v. Webster, 15 Ind. 21.

707. Return of officer - Re-appraisement - Costs. 5. Such schedule shall be delivered to the officer holding the execution or other process, and shall be by him returned with such execution or other process, and made a part of such return: Provided, That all second or subsequent appraisements, under this Act, shall be at the cost of the party or parties asking the re-appraisement, unless the property of the debtor, at the time of the re-appraisement, is appraised at enough over and above the legal exemption to meet said costs.

708. Debtor to pay appraiser's fee. 6. Each appraiser, for his services, shall be allowed the sum of fifty cents, to be paid by the execu tion-debtor.

709. Duty of officer, when personalty only is claimed. 7. If the debtor claim as exempt from execution personal property only, the officer holding the execution shall cause the same to be appraised and set apart to the debtor, and shall proceed to sell such other property, if any, as may be liable to the execution, according to law.

710. Duty, when claim includes personalty and realty. 8. If the claim of the debtor, as exempt from execution, include both real and personal property, the officer holding the execution shall proceed to have the personal property appraised and set apart to the debtor, and then to have the real property claimed appraised, and if the amount of both appraisements exceed six hundred dollars, the debtor may, within sixty days thereafter, pay the excess or an amount sufficient to satisfy the execution; but if he fail to do so, the officer shall proceed to sell the real property as other real property is sold on execution, if the execution authorize the sale of such property. In making the sale, he shall receive no bid unless it exceed the difference between six hundred dollars and the appraisement of the personal property so set apart to the debtor. If the officer sell the real property, he shall pay over to the debtor the amount of said difference, and of the remainder apply upon the execution enough to satisfy it, and

pay the balance, if any, to the debtor, or to such other party as may be entitled to it.

711. Duty, when claim is for realty only. 9. If the debtor claim as exempt from the execution real property only, it shall be appraised; and if its appraised value exceed six hundred dollars, it shall be sold, if there is a bid for more than six hundred dollars. If sold, the officer shall pay to the debtor six hundred dollars, and the remainder of the purchasemoney shall be disposed of as provided in the last preceding section.

712. Real property, how divided. 10. In all cases in which real property is claimed as exempt from sale on execution, and said real property is susceptible of division by metes and bounds without material injury thereto, it shall be so divided as to exempt the principal dwelling-house or homestead of the debtor.

713. Debtor must make and deliver a schedule. II. Before a debtor shall receive the benefit of the exemption provided by this Act, he shall make out and deliver to the officer holding the execution a schedule of all his property, as now required by law, in case an exemption from sale on execution is claimed.

[1861, p. 119. In force July 5, 1861.]

714. Verified schedule required. 1. Before any person shall be entitled to the benefit of the provisions of the above recited Act, he shall make out and deliver to the Sheriff or other officer having the writ, an inventory of all of his or her real estate, within or without this State, money on hand or on deposit within or without this State, rights, credits, and choses in action, and all personal property of every description whatever belonging to him or in which he had any interest at the date of the issuing of the writ, and make and subscribe an affidavit to the same that such inventory contains a full and true account of all such property as required in this Act to be set out in the said inventory, had or held by him at the time such writ was issued; and if any such property has been disposed of by him since the issuing of the writ, such affidavit shall show that fact, and how the same has been disposed of, and what disposition he has made of the proceeds; and until such inventory and affidavit shall be furnished to such officer, he shall not set apart any property to the execution-defendant as exempt from execution.

[1879 S., p. 127. In force May 31, 1879.]

715. Wife may act in husband's absence. 12. In any case when the execution-defendant is absent from this State, or shall absent himself from his home, and an attachment or execution shall be directed against. his property, his wife may make out and verify the schedule of his property, and claim and receive for him the exemption provided in this Act, and claim and exercise all the rights which would belong to her husband were he present.

716. When husband's mortgage of realty invalid. 13. No mortgage or sale of any real estate exempted under the provisions of this. Act shall be valid if executed by a married man, unless the mortgage or deed be signed and acknowledged by the wife in due form of law. 717. No exemptions against mechanics' liens, etc. 14. The exemption under this Act shall not affect any laborer's or mechanic's lien,

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