Page:United States Statutes at Large Volume 31.djvu/430

 378 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. l sale, in three public places as plrovided in the first subdivision of this section and publishing a copy thereof once a week, for the same period, in a newspaper published nearest to the place of sale. Sales. where ml Sec. 279. All sales of roperty upon execution shall be made by mw m“d°‘ auction, between nine o’cl)0ck in the morning and four o’clock in the afternoon. After sufficient pro ert has been sold to satisf the execution, no more shall be sold. geitlslerthe officer holding the execution nor his depluty shall become a purchaser or be interested inany purchase at suc sale. When the sale is of personal property capable of manual delivery, and not in the ossession of a third person, association, or corporation, it shall be within view of those who attend the sale, and be sold in such parcels as are likely to bring the highest price, and when the sale `is of real property, and consists of several known lots or parcels, they shall be sold separately or otherwise, as is likely to bring the highest price, or when a portion of such real pro erty is claimed by a third person and he requires it to be Sol)d separately, such portion of it shall be sold separatel. dwhen mglrshal may Sec. 280. If, at the time appointed for the sale, the marshal should ” mm Sa °‘ be prevented from attending at the place appointed, or, being present, should deem it for the advantage of all concerned to postpone the sale for want or purchasers, or other sufficient cause, he may postpone the sale not exceeding one week next after the day appointed, and so from time to time for the like cause, iving notice of every adjournment by public proclamation made at éne same time. The marshal for like causes may also adjourn the sale from time to time, not exceedin thirty days beyond the day at which the writ is made returnable, witg the consent of the plaintiff indorsed upon the writ. Y Bill lg ¤¤l¢ agdldgé Sec. 281. When the purchaser of any personal lprplperty capable of _ deliver to him the property, and if desired shall give him a bill of sale containing an acknowledgment of the payment. In all other sales of personal property the marshal shall give the purchaser a bill of sale with the like acknowledgment. t Wh¤¤·¤¤¢¤l;tl<>j¤¤,g¢ Sec. 282. Whenever, after the entry of judgment, a period of five igavigsciietngieiiirv and years shall elapse without an execution being issued on such judgment, h°W 1°*“’° °b“‘“‘°d· thereafter an execution shall not issue except as in this section provided: First. The party in whose favor a ju ment is given shall file a motion with the clerk of the court where tie judgment is entered for leave to issue an execution. The motion shal state the names of the parties to the judgment, the date of its entry, and theamount claimed to be due thereon, or the particular property of which the possession was thereby adjudged to such party remaining undelivered. The motion shall be subscribed and veriiied in like manner as a complaint in an action; Second. At any time after nling such motion the party may cause a summons to be served on the judgment debtor in like manner and with like effect as in an action. In case such judgment debtor be dead, the summons may be served upon his representative by publication as in the case of a nonresident, or by actual service of the summons; Third. The summons shall be substantially the same as in an action, but instead of a notice therein required it shall statethe amount claimed or the property sou ht to be recovered, in the manner prescribed in subdivision one of this section; · Fourth. The judgment debtor, or, in case of his death, his representatives, may file an answer to such motion within the time allowed to answer a co_mplaint in an action, alleging any defense to such motion which may‘exist. If no answer be filed within the time prescribed, the motion shall be allowed of course. The moving party may demur or reply to the answer. The party opposed to the motion may demur
 * ig§ina1ypfg§?rt; manual delivery, and not in the possession of a t ir person, association, or corporation, shall pay the purchase money, the marshal shall