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SEC. 25. In case such surplus shall not be paid within the time limited, it shall be lawful for the officer to advertise and sell said premises, and out of the proceeds of sale, to pay the execution debtor seven hundred dollars, which shall be exempt from execution for six months thereafter, and apply the balance towards satisfying the execution. But no sale shall be made unless more than seven hundred dollars be bid for the property.

Sec. 26. The cost and expenses of these proceedings shall be charged in the bill of costs in said execution.

Sec. 27. Land set apart, and a portion of which has been actually used, for a family or private burial ground, shall not be subject to levy and sale by execution or other legal process: provided, that this exemption shall not extend to more than one-quarter of an acre of land, or to any building or erection other than a vault, or other place of deposit for the dead.

Sec. 28. All chattels, real or personal, and all other personal property, may be taken and sold on execution, except as is otherwise provided in this chapter.

Sec. 29. When goods or chattels shall be pledged, assigned, or mortgaged, for the payment of money, or the performance of any contract or agreement, the right and interest therein of the person making such pledge, assignment, or mortgage, may be sold on execution against him, and the purchaser shall acquire all the right and interest of the defendant, and shall be entitled to the possession of such goods and chattels, on complying with the terms and conditions of the pledge.

Sec. 30. The following articles of personal property shall be exempt as herein provided from execution, to wit:

First. The necessary wearing apparel of the debtor and his family; one cow; one bedstead, bed, and the necessary bedclothes, for every two persons of the family; necessary cooking utensils; one table, six chairs, six knives and forks, six plates, six teacups and saucers, one sugardish, one milkpot, one teapot and six spoons; one pair of andirons, and a shovel and tongs, and one stove.

Secondly. All meat, fish, flour, and vegetables, provided for family use, not exceeding the necessary supply for thirty days, and fuel designed for family use to the value of five dollars.

Thirdly. The Bibles and school books, used in the family, and all family portraits or miniatures.

Fourthly. The tools and implements of the debtor necessary to the carrying on of his trade or business, not including machinery of any kind.

Fifthly. The uniform of an officer, non-commissioned officer, or private in the militia, and the arms and accoutrements required by law to be kept by him.

Sixth. No slave shall be taken in execution so long as there is other visible personal property of the defendant sufficient to satisfy the

same.

Sec. 31. Provided, however, that such exemption shall not extend to any execution issued on a demand for the purchase money of any article of personal property hereinbefore mentioned.

Sec. 32. Unless otherwise specially provided, the reversal of any judgment by virtue of which any real estate has been sold or transferred or the title thereto affirmed, shall not avoid the sale, transfer, or title, if the person to be affected thereby shall be a purchaser in good faith, or claim under one, and not be a party to the record or attorney for either party.

Sec. 33. In every case of a sale, transfer, or confirmation of real estate upon execution or judgment, where the defendant cannot have restitution of his estate, he shall be entitled to recover of the judgment plaintiff such damages as he may have sustained.

Sec. 34. In every other case of a reversal of a judgment by virtue of which any real estate has been sold or transferred or the title confirmed, the judgment defendant shall have restitution thereof in the following manner :

Sec. 35. He may notify the purchaser, or his tenant, or other person in possession, that, at the next term, he will move the court which rendered the judgment to restore to him the possession of the premises.

SEC. 36. Upon proof that the notice has been served ten days, the court may proceed to bear and determine the issues made by the parties, and render judgment accordingly; or the judgment defendant may recover his real estate by the proper action.

Sec. 37. No judgment for the recovery thereof shall be rendered until the original judgment defendant shall bring into court, for the use of the proper party, any money he may have received from the officer under the execution.

TITLE VI.

CHAPTER 63.

GENERAL PROVISIONS RELATIVE TO ESCHEATS, WASTE, AND ALLOWANCES

FOR RENTS, PROFITS, AND IMPROVEMENTS.

SECTION 1. Escheated real estate shall be subject to

trusts and charges. 2. Estates held in trust shall escheat, on

cestuy que trust dying without heirs. 3. Proceedings to subject escheated prop

erty to trusts, &c. 4. Waste action ; by whom maintain5. able. 6. Joint tenant, or tenant in common, lia

ble to his co-tenant for waste. 7. If waste wanton, double damages given. 8. Rents and profits, &c., may be recovered

in the same action that recovers the

possession of real estate. 9. May be assessed by the jury in same

action. 10.)

Measure of rents and profits to be 12.

recovered. 13. 14. When defondant to be allowed for im15.

provements. 16. 17. Proceedings for obtaining such allow18. S 19. The amount may be assessed by the jury

on the trial.

11.

SECTION 20. Or may be assessed afterwards. 21. How assessed in case of postponement,

&c. 22. May be assessed by arbitrators. 23. Allowances for improvements; how lim

ited. 24. Allowance for improvements set off

against rents and profits, &c. 25. When plaintiff may recover rents and

profits for more than six years. 26. Balance due for improvements; how se

cured. 27. Plaintiff's right against others saved. 28. Value of the premises without improve

ments may be determined, 29. How same ascertained. 30. Plaintiff may relinquish his estate, &c. 31. On failure of defendant to pay the sum

due plaintiff, premises shall be sold. 32. Provision in case the plaintiff be under

disability. 1

When and how defendant, if evicted, 34.

may recover from plaintiff. 35. J 36. How plaintiff tenant for life, paying for

improvements, to be reimbursed. 37. This chapter not to apply to a mortgagee.

33.

&nce.

SECTION 1. Real estate shall escheat for want of heirs, as herein before provided ; but the same, whether held by the United States or their grantees, shall be subject to such trusts, encumbrances, and charges, as it would have been subject to had it descended.

Sec. 2. Estates held in trust shall be liable to escheat, when the cestuy que trust dies without heirs, so far as it would if the person holding the equitable title had the legal.

Sec. 3. In all cases where real estate has escheated, any person having a claim to any trust, charge, or encumbrance, may file his complaint to enforce the same, the circuit court making the United States attorney for this District defendant thereto, and there shall be such proceedings thereon as there might have been between the complainant and the heirs of the party whose title has escheated, had he left heirs. The circuit court shall have power to authorize and direct the district attorney to convey, when necessary, such real estate to the parties equitably entitled thereto, according to their respective rights.

Sec. 4. If any tenant in dower, tenant by the curtesy, or tenant for term of life or years, shall commit or suffer any waste on the premises, the person having the next immediate estate of inheritance therein may have an action against such tenant, wherein he shall recover the amount of damage he shall have suffered by reason of the waste complained of.

Sec. 5. Such an action may also be maintained by one who has the remainder or reversion, in fee-simple, or fee-tail, after an intervening estate for life, and also by one who has a remainder, or reversion for life, or years only, and each of them shall recover such damages as it shall appear he has suffered by the waste complained of.

Sec. 6. If one joint tenant, or tenant in common, shall commit watse of the estate held in joint tenancy or in common, he shall be subject to an action as aforesaid, at the suit of his co-tenant.

Sec. 7. Whenever it shall be found by the jury that any waste was committed wantonly, judgment shall be given for twice the amount of damages assessed therefor, but in no case shall there be a forfeiture of the place wasted.

Sec. 8. When any person shall recover possession of real estate he shall also be entitled to recover in the same action damages against the tenant for the rents and profits of the premises, from the time when the demandant's title accrued, subject to the limitations hereinafter contained ; and he shall also recover damages for any destruction or waste of the same, for which the tenant is chargeable.

Sec. 9. If the plaintiff recover, the jury shall at the same time assess his damages, unless it shall be otherwise ordered by the court, as hereinafter provided.

Sec. 10. The rents and profits for which the occupant shall be liable, shall be the clear annual value of the premises, for the time during which he was in possession thereof, after deducting all lawful taxes and assessments on the premises that shall have been paid by the defendant, and all necessary and ordinary expenses of cultivating the land, or otherwise collecting the rents, profits, or income, of the premises.

Sec. 11. In estimating the rents and profits, the value of the use by the defendant of any improvements made by himself or those under whom he claims, shall not be computed nor allowed to the demandant.

Sec. 12. The defendant shall never be liable for the rents and profits for any longer term than six years, nor for any waste or other damage committed before that time, except when the rents and profits are allowed by way of set-off to his claim for improvements, as hereinafter provided.

Sec. 13. When an occupant of land has color of title thereto, and in good faith has erected buildings or made improvements thereon, and is afterwards in the proper action found not to be the rightful owner thereof, he shall be entitled to compensation for the same in the manner hereinafter provided.

Sec. 14. The purchaser in good faith at any judicial or tax sale, made by the proper person or officer, shall be deemed to have color of title, whether such person or officer had sufficient authority to sell or not, unless the want of authority was known to the purchaser at the time of the sale.

Sec. 15. Any occupant of land who can show a connected title in law or equity, derived from the records of any public office, or who holds the same by purchase or descent from any person claiming title derived as aforesaid, or by deed duly recorded, shall be deemed to have color of title.

Sec. 16. The occupant may recover the value of such improvements made by the party under whom he claims as well as those made by himself; and any person holding the premises as purchaser from the party having color of title shall have this remedy also.

Sec. 17. When the defendant in any action claims allowance for any such improvements, he shall enter on the record his claim, stating the amount thereof as accurately as practicable, with a request that the value of the same may be ascertained and allowed to him, in conformity with the provisions of this chapter.

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