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SEC. 18. 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.
SEC. 19. Any bail for the stay of execution may file with the clerk an affidavit, stating that he verily believes he will have to satisfy the judgment, interest, and costs thereon, unless execution issues immediately; and the clerk shall thereupon issue execution forthwith, unless other sufficient bail be entered before the clerk, as in other cases. 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.
SEC. 20. When an execution against the property of any person is issued to the marshal, he shall proceed, without unreasonable delay, to levy the same upon the property, rights, credits, and effects of the defendant subject to execution.
SEC. 21. Current coin may be levied upon and retained on execution, without sale, as so much money collected.
SEC. 22. Bills, notes, drafts, and checks, or other evidences of debt, issued by any moneyed corporation, company, individual, or bank, or by any State or the United States, and circulating as money, may levied upon as personal property, and sold on execution. Bonds or other evidences of debt, capable of transfer by delivery, issued by any corporation, or company, or town, county, State, or country, may be levied upon as personal property, and sold on execution.
SEC. 23. Shares of stock in any corporation or company may be levied upon and sold, when the office and books showing the shares of stock and stockholders of the corporation or company are kept in this District; and the marshal shall transfer the stock, subject to the rights of the corporation or company. The marshal shall have access to the books of any such corporation or company for the purpose of making the levy, and if refused access, the court, or any judge in vacation, shall enforce the right, and may proceed against any person so refusing as for a contempt. The shares of stock subject to be levied upon shall be bound by the execution from the time of the levy, and
when such levy is made, the marshal shall leave the notice with the officers of the corporation or company, and such levy shall constitute e lien upon such stock from the time of such levy.
SEC. 24. Any debt or thing in action, legally or equitably assignable, may be levied on, when given up by the defendant, and sold on execution, in the same manner as other personal property. The marshal making the sale of any such debt or thing in action shall assign and deliver the same to the purchaser, and the assignment shall have the same effect as if made by the execution defendant at the time of making the levy thereon, and shall be treated as so made.
SEC. 25. When any execution shall issue against the property of any person, it shall be the duty of the marshal to levy the same first upon that part of the property designated by such person, if there be no reasonable doubt that he is the owner thereof, and if designated in time to enable the marshal to levy and sell without unnecessary delay. If no property be thus designated, it shall be the duty of the marshal to levy the execution upon any property of the debtor which can be found subject to execution.
SEC. 26. If the property thus designated shall be insufficient to satisfy the execution, the marshal shall levy the same upon such other property subject to execution as can be most readily found, sufficient, in addition to the property designated, to satisfy the execution.
SEC. 27. The messuage, lands or tenements of the debtor, upon which he may reside, shall not be levied upon if other property subject to execution be found sufficient to satisfy the execution in the hands of the marshal, unless the debtor shall otherwise direct.
SEC. 28. When personal property shall be seized by virtue of any execution, and any person other than the defendant shall file with the marshal his claim thereto, verified by affidavit, the marshal shall summon six persons, qualified as jurors, to try the validity of the claim; giving three days' notice of the time and place of the trial to the plaintiff in the execution or his attorney.
SEC. 29. The marshal, at the request of either party, shall summon witnesses, and compel them to attend and give testimony; and he shall administer the necessary oaths to the jurors and witnesses. The verdict of such jury being rendered in writing, and signed by the foreman, shall be a full indemnity to the marshal proceeding in accordance therewith.
SEC. 30. The marshal may levy the costs of such proceeding upon the goods and chattels of the party liable to pay them, as on execution.
SEC. 31. If at any time before the jury return, the claimant withdraw his claim, the trial shall proceed no further, and the claimant shall pay the costs of such unfinished trial.
SEC. 32. Notwithstanding the verdict of the jury be for the claimant, yet the marshal shall proceed to sell the property seized in satisfaction of the execution, if the plaintiff tender to him a written undertaking, executed by two or more good and sufficient sureties, residents of this District, in double the value of the property, to the effect that he will indemnify the marshal against all damages and costs which he may sustain in consequence of the seizure and sale of such property, and, moreover, that he will pay to any person claiming title to such property all damages which he may sustain in consequence of such seizure and sale. If such undertaking be given, it shall be returned by the marshal, together with the execution, and filed with the clerk; and the claimant may prosecute his suit upon such undertaking, and recover such damages as may be assessed.
SEC. 33. Any personal property taken in execution may be returned to the execution defendant by the marshal, upon the delivery by the defendant to him of a written undertaking, payable to the execution plaintiff, with two good and sufficient sureties to be approved by the marshal, to the effect that the property shall be delivered to the marshal at a time and place named in the undertaking, to be sold according to law.
SEC. 34. In case of the non-delivery of the property according to the undertaking, it shall be the duty of the marshal to levy upon and sell the same, or any other property of the defendant subject to execution, as soon as practicable at any time before the return day of the execution. Upon the forfeiture of the written undertaking, the marshal shall forthwith return it, endorsed "forfeited," to the clerk's office, for the use of the plaintiff.
SEC. 35. An action may be had on such undertaking, whenever the condition thereof is broken, and on recovery the value of the property so taken, with ten per cent. damages, shall be assessed in favor of the plaintiff; but the recovery shall not exceed the amount due on the execution and ten per cent. on the principal.
SEC. 36. On judgment obtained on such written undertaking, execution shall forth with issue, without stay, returnable in thirty days; and the marshal shall not return any property to the execution defendant levied on thereby, except upon payment of the judgment and costs.
SALE ON EXECUTION.
SEC. 37. Real estate taken by virtue of any execution shall be sold at public auction at the door of the court-house; and if the estate shall consist of several lots, tracts, and parcels, each shall be offered separately; and no more of any real estate shall be offered for sale than shall be necessary to satisfy the execution, unless the same is not susceptible of division.
SEC. 38. The time and place of making sale of real estate on execution shall be publicly advertised by the marshal for at least twenty days successively next before the day of sale, by posting up written or printed notice thereof at the door of the court-house, and also by advertising the same at least once a week for four weeks successively in one or more newspapers published in this District.
SEC. 39. Previous notice of the time and place of the sale of any personal property on execution shall be given for ten days successively, by posting up a written or printed notice thereof at the place where the sale is to be made, and also by advertising the same in some newspaper published in this District, said advertisement to be inserted at least three times, and the first insertion to be at least ten days before the day of sale: provided, however, if the property be perishable, only such notice of the time and place of sale shall be given as may be reasonable, considering the character and condition of the property.
SEC. 40. Personal property capable of manual delivery shall not be sold, unless the same shall be present and subject to the view of those attending the sale; and it shall be sold at public auction, in such lots and parcels as shall be calculated to bring the highest price.
SEC. 41. If at the time appointed for the sale the marshal or other officer shall deem it expedient, and for the interest of all parties concerned, to postpone a sale for want of purchasers, he may postpone it for any time not exceeding ten days, and so from time to time, for such cause, until the sale shall be completed, giving notice of every
such adjournment, by a public declaration thereof, at the time and place previously appointed for a sale, and also by an advertisement inserted in some newspaper of this District three days at least prior to such adjourned sale.
SEC. 42. If the property levied upon shall not sell for a sum sufficient to satisfy the execution, the marshal shall make a further and sufficient levy, if sufficient property can be found, and proceed as upon the first levy, and return his proceedings thercon.
SEC. 43. The clerk, upon the return of an execution unsatisfied, shall, if required, issue another execution upon the judgment, and endorse thereon the amount of money levied by the former, if any.
SEC. 44. Upon the sale of real estate by virtue of an execution, and the payment of the purchase money, the marshal shall execute and deliver to the purchaser a deed of conveyance for the premises, which shall be valid and effectual to convey all the right, title, and interest of the execution debtor to the purchaser.
SEC. 45. In case the purchaser of any real estate upon execution, having paid the purchase money therefor, shall die before a deed of conveyance shall have been executed to him, the marshal shall convey such real estate to the heirs or devisees of the deceased person.
SEC. 46. Any officer selling without the notice prescribed by this chapter, shall forfeit and pay one hundred dollars to the party injured, in addition to his actual damages; and a person wilfully taking down or defacing the notice posted, if done before sale or the satisfaction of the judgment, (if the judgment be satisfied before sale,) shall forfeit one hundred dollars.
SEC. 47. An omission by the marshal to give the notice of sale required by law shall not affect the validity of any sale made to a purchaser in good faith without notice of such omission.
SEC. 48. Whenever the purchaser of any property sold on execution shall fail or refuse to pay the purchase money, he shall be liable, on motion to be made by the marshal or the execution plaintiff, in the proper court, five days' notice being given, to a judgment for the amount of the purchase money, and damages not exceeding ten per cent., and interest, with costs, and no stay of execution shall be allowed on the judgment; or the marshal may re-expose and sell the property on the same or any subsequent day according to law; and if the amount bid at the second sale shall not equal the amount bid