The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-02-04
GENERAL ASSEMBLY.

GENERAL ASSEMBLY. ~
begun and held at the oaiiitoi in The Citv
q Richmond, on Monday the 7th dav of
Decem6er, IN the year of our Lord, one
thousand eight hundred and seven, and of
me Sonmonvceaith The thirty-second.
An AL concerning the sale of Property,
under Executions and Membranes.
PASSED FEBRUARY 1sT, ISO91
L6E IL enacted by the General .dssembtu,
hat so much of the act, passed on the tenth
Gay or December, one thousand seven hun
area ana ninety three, entituled Gan act,
Ior Iuftner continuing and amending the act,
ehtituied, an act for reducing into enc, the Sc
Veral acts, concerning executions, and for
the relief Of insolvent debtors,' as directs,
that when goods Or other estate, taken in
execution, cannot be sold FOR three-fourths of
the'r value, the debtor or debtors, NAV give
ooha and security to pay the deht within
WE'VE months, or that the said goods, or o.
thSr estate, may be sold on twelve months
credit, and every part of the said recited act,
as concerns such executions, either in the
appointment of commissioners to carry the
same INTO effect, or for the direction of the
shcrlff or other officer, or the clerk of any
court In SUING out execution on any such bond
OF OF any other person whomsocver, and of
every matter or thing thereto appertainine.
shai' be, and the same is hereby declared to
De In full force: And all courts, sheriffs and
other officers, as well as the parties concer-
heo, are TO govern themselves accordingly, a.
ny thing in any law to the contrary notwith-
| standing
Be ii further enacted, That before anv
commissioners appointed by the decree of "a
ny court OF chancery, to sell any real or per-
sohai estate, or any trustee under anv deed
| Oh trust, hereafter executed, Shall proceed to
sell the estate decreed to be sod, or convey
ell IN trust, the commissioners directed 20 he
appointed by TINS act, OF any three of them.
shall value the estate intended to be sold, on
the request of the creditor, and if three.
fourths at least OF the estimated value. shall,
not be offered by the highest bidder. the es.
tate snail not be then sold, nor shall it be al
any time thereafter sold during the confirm.
ance OF this act, Tor less than three fourths nj
| such estimated value: The valuation sh.I1
De made and entered in writing, signed bv
the commissioners or any three of them and
delivered to the commissioners appointed nv
the courts OF chancery, and to the trustee,
respectively.
ne commissioners who may act by virtue
OF TINS sectiol, shall be entitled to the sum Of
one doiiaf Tor each day they shall be employ.
ed, to be paid by the creditor, to be taxed
in the bill of costs.
The provisions of this act, Shall not extenf
to executions, which may issue against an,
sheriff or other public officer, for dclinouen
cles, or failing topay money received on ex.
/ ecutlons, nor to executions which NAV issu,
against any attorney at law, for money re-
ceived in behalf of his client or clients. Al
valuations of property made or 10 be mad,
by commissioners, shall be according to tn,
ordinary value of property, before the frs
day OF December, one thousand eight hundred
and seven.
'h..IN XyIctn &C A.
construed to extend to any execution Issue,
upon any judgment obtained by any bank es
tablished by law. The provisions of this act
shall extend to executions issued by any Jus
tlce OF the peace, mayor or alderman, for al
sums exceeding ten dollars, exclusive q
costs; and the constable or other officer. ia
king any bond, by virtue of this act. shall
return the same within thirty days. to tn,
clerks office of the county, in which sucI
execution shall have issued, to be proceede,
on as other replevy bonds. And all executi
ons which shall be awarded on forthcomin,
bonds executed before the commencement
OF this act, shall be proceeded in as other ex
ecutions: but the proceedings OH all forth
coming bonds executed thereafter, shall b.
as heretofore.
So much of this act as authorizes the an
pointment of commissioners, shall be in fore,
from and after the passing thereof: And tn,
several county and corporation courts, shall
appoint such commissioners at their mex
February terms, or as soon thereafter, a
practicable and the residue of this act, shall
commence and be in force, from and afte
the first day of March next, and continue j,
force, until the expiration of thirty DAYS af
ter tho discontinuancc of the embargo, lai,
by the Congress of the u. States during tn,
present session. But so much of this, ant
i ho oil 11I
reefs the manner of proceeding ON renlev,
bonds, taken by virtue of this act. shall be
and the same is hereby made perpetual.