Western Sun, Volume 1, Number 16, Vincennes, Knox County, 25 November 1807 — Page 4

LAWS or THE INDIANA TERRITORY.

An act subjecting Real Estates to Executionor Debt. t. TO the end, that no creditors may be defrauded or debts jullly due to them, from perfons who have fuflieient real, if not perfonai eilatcs tolatisfy the lame; all lands, tenements and hereditaments, whatfoever, where no fufikient perfonai eilate can be found, ihall be liable to be fetzed and fold, upon judgment and execution obtained. J 2. In cafe the lands, tenements and hereditaments, ieized and taken in execution, fliall not on a fide thereof, produce the amount of the debt, damages and cods diiej thereon, it lhall and may be lawful for the Sheriff, or other officer, by another writ, to feize and take, any other lands, tenements, and hereditaments, in execution, and thereupon, with all convenient fpeed, with, or without any writ of venditioni exponas, to make public (ale thereof, for the moll they will yield, and pay the price or value of the fame, to the party towards fatisfacYion of his debt, damages and coll. But before any fuch fale be made, the Sherift' or other officer, lhall caufe fo many writings to be made upon parchment, or good paper, as the debtor or defendant lhall rea, lbnably defire or requcll, or fo many with, out fuch requefl as may be fuflieient to iignify and give notice.of fuch fales or vendues, and of the day and hour hen, and the place where the lame will be, and what lands or tenements, are to be fold, and where they lie ; which notice fliall be given to the defendant, and the parchments or papers, fixed by the Sheriff or other officer, in the mod public places of the county, at lead ten days before falc ; and upon fuch fale the Sheriff, or other officer, fliall make return thereof, endorfed or annexed to the faid writ of execution, and give the buyer a deed duly executed, and acknowledged in court for what is fold ; but in cafe the faid lands and hereditaments, fo to be expofed cannot be fold, then the officer fliall make return upon the writ, that he expofed fuch lands or tenements to falc, and the fame remained in his hands unfold for want of buyers, which return fliall not make the officer liable to anfwer the debt or damages contained in Tuch writ, but the writ of levari facias fliall forthwith be awarded, and directed to the proper officer, commanding him to deliver to the party, fuch part or parts of thole lands, tenements, hereditaments, as fliall fatisfy his debt, damages and interefl, from the time of the judgment given, with cofls of fuit, according to the valuation of twelve men ; to hold to him, as his free tenement, in fatisfacYion of the debt, damn ;cs and colls, or fo much thereof, as thofe lands by the valuation thereof, as aforefaid, lhall amount unto, and if it (hall fall fliort, the party may afterwards have execution for the relidue, cgainit the defendant's body, lands or goods, as the laws of this Territory fliall dircft and appoint, from time to time, concerning other executions; all which faid lands, tenements, hereditaments and premifes, fo as aforefaid to be fold or delivered, by the Sheriff, or officer aforefaid, with all their appurtinanccs, fliall or may be quietly or peaceably held, and enjoyed by the perfon or perfons, or bodies politic, to whom the fame lhall be fold or delivered, and by his and their heirs, fucceffors and afligns, as fully and amply, and for fuch etlate or eflates, and Under fueh rents and fervices, as he or they, for whole

debt or duty, the fame fliall be fold or delivered, might, could or ought to do, at or before the taking thereof in execution. $ 3. Provided always. That the mcfTuagc, or lands or tenements, upon which the defendant is chiefly featcd, fliall be the lali taken and fold on execution, before the expiration of one whole year after judgment is given, to the intent, that the defendant, or any other for him, may redeem the fame. $ 4. Where default or defaults have been, or fliall be made or fuffered, by any mortgagor or mortgagors of land, tenements, or other hereditaments within this Territory, or by his, her or their heirs, executors, adminiflrators or affigns, of, or in payment of the mortgage money, or performance of the condition or conditions, which they, or any of them, fliould have paid or performed, or ought to pay or perform, in fuch manner and form, and according to the purport, tqnor and effect of therefpeclive provifocs, conditions or,covenants, comprifed in their deeds of mortgage or defeafance, and at the day s times and places in the fame deeds refpedlively mentioned and contained, inevery fuch cafe, it fliall and may be lawful-, to, and for the mortgagee or mortgagees, and him, her or them, that grant the faid deed of defeafance, and his, her or their heirs, execu. tors, adminiflrators of affigns, any time after the expiration of twelve months, next enfulng, the lafl day whereon the faid mortgage money ought to be paid, or other conditions performed as aforefaid ; to fue forth a writ or writs of scire facias, Which the Clerk of the court of Common Pleas for the county where the faid mortgaged lands or hereditaments lie, is hereby empowered and required to make out and difpatch, directed to the proper officer ; requiring him by honed and lawful men of the neighborhood, to make known to the mortgagor or mortgagors his. her or their heirs, executors or adminiftrators, that he, or they, be, and appear before the Judges or Juftices of the faid court or courts, to fliew if any thing he or they have to fay, wherefore the faid mortgaged premifes ought not to be feized and taken in execution for payment of the faid mortgage money with intereft, or to fatisfy the damages, which fuch plaintiff in fuch fcirc facias (hall upon the record ftiggeft, for the breach, or non-performance of the fain conditions. And if the defendant in fuch scire facias appear, he or flie may plead fatisfacYion or payment of part, or all the mortgage money, or any fuch other lawful plea, in avoidance of the deed or debt, as the cafe may require, but if tqe defendant in fuch scire facias, will not appear on the day whereon the writ lhall be made returnable, then if the cafe be fuch, damages only, are to be recovered, an inqueft fliall be forthwith charged to enquire thereof ; and the definitive judgment therein, as well as another judgments to be given upon fuch scire facias; fliall be entered, that the plaintiff in the scire facias fliall have execution by "levari facias, directed to the proper officer; by virtue whereof the faid mortgaged premifes fliall betaken in execution, and expofed to fale in manner .iforeCiid, and, upon fale, conveyed to the buyer or buyers thereof, and the money or price of the fame rendtied to the mortgagee or creditor, but for want of bnyere, to be delivered to the mortgagee, or creditor, in manner and forn. as is herein above directed, concerning other lands and hereditaments to be fold and delivered upon executions, for other debts or damages. And when the. faid lands and hereditaments fliall be fold or delivrred as aforefaid, the perfon or perfons, to whom thry (hall be fold or delivered, fliall and may held a ;cnjpy the fame, with their nppurtenances, for fuch e,Ute or eflates as they were fold or delivered, clearly diftharged nd freed from all equity and benefit of redemption, and all other incumbrances made or fuffered by the mort. gagnrs, their heirs or afTigns ; and fuch fales fliall be available in law ; ?nd the refpeflive vendees, mortgagees, or creditcis, their heirs and afligns, fliall hold ;nd enjoy the fame, freed and difchargrd a? uforeiaid. Hut before fuch fales be made, notice lhall be given in writing, in mannsr and form as is herein above directed, concerning the fales of lands upon executions, any law or ufage to the contrary notwithftauriing. Sac. 1. Provided also, That when any of the faid lands, tenements or hereditaments, which, hy the direction and authority of this law, are to be fold for the payment of debt and damages, in manner aforefaid, (hall be fold for more thin will fatiify the fame debts, or damages, and reafonable cafls ; then the flierifT or other officer who fliall make the fale, mufl render the overplus t the debtor cr defendant; and then, and not before, the faid officer Hull be discharged thereof,

upon record, in the fame court where tie fliall make return of his proceedings concerning the faid fales. Sec. 6. Provided also That no falc or delivery which fliall be make hy virtue of this law, fliall he extended to cieate any further term or tflate, to the vendees, mortgagees, or creditors, than the lands or hereditaments, fo fold, or delivered, fliall appear to be mortgaged for, by the faid lefpective mortgages, or pefeaible deeds. Sec. 7. Provided also. That if any of the1 faid judgments which do, or lhall warrant the nward np of the laid writ of execution, whereupon nny lands, tenements or hereditaments, have been, nr flull be fold, fliall, at any time hereafter be reverfed for any error or errors ; then, and in every fueh cafe, none of the lYid lands, tenements or hereditaments, fo as aforefaiJ taken, or fold, or tobe taken or fold upon executions nor any part thereof fliall breflored, nor the Iheriff's lale or delivery thereof avoided ; but reflitution in fuch cafes fhall be made unly of the money, or price for", which fach lands were or fliall be fold, JKSSM B. THOMAS, Speaker of the Home cf Reprcstntathcsi 13. CUAMliKI'S, ' Preside m of the Council Approved Scntcrolx r nth. 18')7. IFLL rAiI II Emir HARRISON. foiTthk wesleun sun. On Envy. As it appears to be endemical difeafe, and infects a few of our citizens, I think it would not be. improper, to puint it in its true colours, and prescribe a few antidotes againfl it &c. Envy has only one fort of objerr the felicity of others ; yet, by this, ic becomes infinite, and like an evil, or difeafed eye, is offended with every thing that is bright. Superior wit, or excellence of any kind, are reproachers to the character of him that cannot ftand in competition for them ; and when his abilities do not raife, he envies the man for pofleffing qualities of advantage which teem to fet his inferiority more to view Envy muft be termed a moft ill-natured vice, it is made up of meannefs and malice: it wiflies the force of goodriefs reftrained, and the meafure of happinefs abated it laments over prosperity. Had this paffion the governing the univerfe, we fliould have a fad world of it ; we fliould fee macinels without'intervals, & poifon without antidotes: could the envious prevail all noble undertakings would be crufhed, and invention nipt in the bud all the perfections of their fellow creatures are odious in fine, every thine; that is noble are objedh for their difplcalure. What a wretched aud apellate flate is this? to be offended with excellence and hate a man becaufe we approve him. The condition of the envious man is emphatically miferable ; he is not only incapable of rejoicing in anothers merit or fuccefs, but repines at all thats noble or great. Envy always wants the fpirit, as well as the good nature and honour to exert itfclf lb commendably ; but as it were confei. ousof its own impotence, it folds its arms in difpair, and fits, curfing in a corner. For when envy conquers ic is commonly in the dark, by treachery and undermining, by calumny & detraflion Since envy is fo odious, & every way unlucky, fince it makes fo disagreeable a figure, & does fo much mifchief to itfelf & others, it may not be improper to offer fomething particular to prevent it. -More anon. A Moralist.