Page:United States Statutes at Large Volume 47 Part 1.djvu/996

 972 72d CONGRESS. SESS. II. CH. 127. FEBRUARY 27, 1933 . judgment d ebtor may i ndica te, if the prope rty i ndicat ed be ampl y sufficient to satisfy the judgment and costs. Notice of sale under SEC. 360. NOTICE of SALE UN DER EX ECUT ION , How Giv EN .- Bef ore execution, how given. ~ the sale of property on execution or under power contained in any deed of trust, notice thereof must be given as follows 1. In case of perishable pro erty : By posting written notice of the time and place of sale in tree public places of the town where the sale is to take pla ce, for such time as may be rea sona ble, considering the character and condition of the property. 2. In case of other personal property : By posting a similar notice in three public places in the town where the sale is to take place, for not less than five days nor more than ten days. 3. In case of real property : By pos ting a similar notice par- ticularly describing the property for twenty days in three public places of the town where the property is to be sold and publishing a copy thereof once a week for the same period, in some newspaper of general circulation in the Canal Zone. Provided that where real property is to be sold under the provision of any deed of trust the copy of said notice shall be posted in some conspicuous place on the property to be sold, at least twenty days before date of sale. 4. Wh en the judgment under which the property is to be so ld is made payable in a specified kind of money or currency, the several notices required by this section must state the kind of money or currency in which bids may be made at such sale, which must be the same as that specified in the judgment. Selling without no- SE C. 361. ,SFT.T,ING WITHOUT NOT ICE W HAT PE NALTY ATTACH ED. - d tice, pena lty. An officer selling without the notice prescribed by the last section forfeits $500 to the aggrieved party, in addition to his actual amages ; and a p erson willfully taking down or defacing the notice posted, if done fore the sale or the satisfaction of the judgment (if the judgment be satisfied before sale), forfeits $500 ., duSaales, how con- SEC. 362. SALES, HOW CONDUCTED ; NEITHER THE OFFICER CONDUCTING IT NOR HIS DEPUTY TO BE A PURCHASER ; REAL AND PERSONAL PROPERTY, HOW SOLD ; JUDGMENT DEBTOR, IF PRESENT, MAY DIRECT ORDER OF SA LE, AND 'l H S OFFICER SHALL FOLLOW HIS DIRECTIONS.--All sales of property under execution must be made at auction, to the highe st bidder, between the hours of nine in the morning and five in the afternoon. After sufficient property has been sold to satisfy the execution, no more can be sold. Neither the officer holding the execution nor his deputy can become a purchaser or be interested in any purchase at such sale. When the sale is of personal property, capable of manual delivery, it must 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, consisting of several known lots or parcels, they must be sold separately ; or when a portion of such real property is claimed by a third person, and he requires it to be sold separately, such portion must be thus sold. The judgment debtor, if present at the sale, may also direct the order in which pr operty, real or personal, shall b e sold, when suc h proper ty consi sts o f severa l known lots or parcels, or of a rticles w hich can be sold to a dvant age s epara tely, and t he ma rshal must follo w such dire ction s. ohPr ce en dings o pay SEC. 363. IF PURCHASER REFUSES TO PAY PURCHASE-MONEY, WH AT purc hase mone y. P ROCEE DINGS .-If a purchaser refuse to pay the amoun t bid by him for property struck off to him at a sale under execution, the officer may again sell the property at any time to the highest bidder, and if any loss be occasioned thereby, the officer may recover the amount of such lo ss, with costs, f rom the bidder s o refusi ng, in a ny court of competent jurisdiction.