Page:1862 Territory of Dakota Session Laws.pdf/141

124 said writ shall, at the request of the person entitled to the benefit thereof, his agent or attorney, add thereto a command to the officer to whom such writ shall be directed, that, if the property remaining in his hands, not sold, shall, in his opinion, be insufficient to satisfy the judgment, he shall levy the same upon the lands and tenements, goods and chattels, or either, as the law shall permit, being the property of the judgment debtor, sufficient to satisfy the debt.

. 444. If execution be levied on lands and tenements, the officer levying such execution shall call an inquest of three disinterested freeholders, who shall be resident within the county where the lands taken in execution are situate, and administer to them an oath, impartially to appraise the property so levied upon, upon actual view; and such freeholders shall forthwith return to the said officer, under their hands, an estimate of the real value, in money, of said property.

. 445. The officer receiving such return shall forthwith deposit a copy thereof with the clerk of the court from which the writ issued, and immediately advertise and sell such real estate, agreeably to the provisions of this title.

. 446. If, upon such return, as aforesaid, it appear, by the inquisition, that two thirds of the appraised value of said lands and tenements so levied upon is sufficient to satisfy the execution, with costs, the judgment on which such execution issued shall not operate as a lien, on the residue of the debtor's estate, to the prejudice of any other judgment creditor. But no tract of land shall be sold for less than two thirds of the value returned in the inquest: Provided, That nothing in this section contained shall in anywise extend to affect the sale of lands by the territory, but all lands therein the property of individuals, indebted to the territory for any debt or taxes, or in any other manner, shall be sold without valuation, for the discharge of such debt or taxes, agreeably to the laws for such case made and provided.

. 447. If the property of any clerk, sheriff, coroner, justice of the peace, constable, or any collector of territorial, county, town, or township tax, shall be levied on, for, or on account of any moneys that now are, or may hereafter be by them collected or received, in their official capacity, the property so levied on shall be sold without valuation.