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An Act to amend the laws in relation to the sales of property under execution. 1849-1850 315 (1849)

handle is hein.slavery/ssactstn0155 and id is 1 raw text is: 315 CHAPTER CXX. An Act to amend the laws in relation to the sales of property under execution, SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That hereafter whenever any sheriff, coroner or constable in this State shall levy any exe- cution upon land or slaves, the debtor or debtors whose property is levied upon, shall have the right, if he think proper, to direct in writing, filed with the clerk or justice before the issuance of an execution or order of sale, or with the sheriff or other officer before or at the time of levying, the advertisement of the sale of said property in such newspaper as such debtor or debtors may select, the expenses of such advertisement to be paid out of the proceeds of sale as other costs. And it shall be the duty of every such officer, when such advertisement is directed as aforesaid, to make a mem- orandum thereof upon the execution; and should an alias or plurias execution or- order of sale thereafter issue, the clerk or justice issuing the same shall copy such memorandum upon such alias or plurias execution or order of sale, and such memorandum shall be suffi- cient authority to any officer, whose duty it shall be to make sale of such property, and it shall be his duty in addition to the notice of sale now required by law, to advertise the time and place of such sale of the specific property so ordered to be advertised as afore- said, in the newspaper so selected for two successive weeks. SEc. 2. That hereafter in all cases of the sale of real estate, the notices required by the existing laws and by this act shall be given at least forty days before the day of sale, and for the sale of slaves the notices re- quired by the existing laws and by this act shall be given at least twenty days before the day of sale; Pro- vided, That in no case shall the validity of any such sale be affected by the failure of any such officer to note on the execution the directions of the debtor or debtors as to advertising in a newspaper, nor by the failure of the justice of the peace or clerk issuing an alias or plurias execution, or order of sale to copy thereon such memorandum of the officer. LANDON C. HAYNES, Speaker of the House of Representatives. JOHN F. HENRY, Speaker of the Senate. Passed February 5, 1850.

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