Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1809-02-07

ldebtor or debtors, his, her. or their cxecu.
1tors or administrators, fail to give such
,security, then execution may, Immediately
Issue ngaiust such principal debtor or debt
Iors, his, her or their executors or admi-
illustrators, and his, hev or their last secu-
rlty or securities, m favor of the creditor,
and for the relief of the said original Sc
curty or securities, who nevertheless shall
J remain bound TO the creditor, in the terms
!, OF his, her or their original contract.
IL. And be it further enacted. That in
I case any defendant or defendants shall FAIL
to give such bond and security as is au,ho-
jrised by this act, until after the sheriff or
!; other officer shall have levied any execu.
! ton, which to him shall have issued, the
sheriff or other officer, who shall so have
Levied the execution, shall be entitled TO
the same commissions as heretofore were
allowed on taking replevy bonds, and may
issue his tickets and have the same reme-
dy tor their collection against such defen-
J dant or defendants, as heretofore was pi.
4 ven against the plaintiff in such forthco.
ming bonds. And in such case, the sheriff
or other officer shall deliver to such de-
PENDANT or defendants, the property so ia.
ken in execution, upon his, her or their pro.
ducing and delivering TO him a certificate
4 from the clerk issuing such execution that
bond with security hath been given accor..
ding to the provisions of this act.
IL. And be it further enacted, That
the clerk of any court, or other officer,
shalt be entitled to sixty.three cents for
each bond he may take under the autho-
rity OF this act, to be paid by the defend
ant or defendants executing such bond,
and collected in like manner as fees for
other services.
l3. Be it further enacted, Tha. before
any defendant or defendants, shall avail
himself, herself or themselves, of all, or
any OF the provisions OF. this act, ne, she
or they shall paw of' and satisfy all cost.
which shall have accrued upon the iude4
ment, decree, execution, sale, OF o,her
proceedings TO be s!aid.
l. II, And be i, further enacted, That
10 all instances where any person, who.
}nnder the provisions of this act, is autho
rsed to stay proceedings on any Judgment,
deed trust, decree, execution, distress,
Tor upon sny forthcoming bond, repevy
bond taken on distress for rent, or on lie
Iyymg an execution, or bond given for pro
perry sod on twelve months credit, by
giving bond With security, in the manner
/ heretofore direeted, shall fail to avail him
self OF the indulgence. all properly take
10y virtue Of SUCH judgment, execution,
decree, decd If trusf, nduoon every suci,
forthcoming bond replevy bend taken or.
/ distress for rent, or on levyiner an execu
! ton or bond giycn' for property sold on
twelve months CREDIT, the time aud place
OF sale being previously duly notified, shall
be sold 20 the highest bidder, and bond or
bonds from the purchaser or purchasers.
unless he, she or they shall be the credi..
tor, with sufficient security, shall he taken
ny the OFFICER, or other person or persons
conducting the sale, payable 10 him or
/ them to whom the money may be due,
or to his, her or their executors or ADM
nls!rators, in double the amour, of the
purchase, conditioned for the payment of
the amount purchased by the purcha.
ser or purchasers, with interest on so much
| thereof as shall be sufficient to satisfy the
purchase. payable at the expiration or re-.
peal OF this acl And the said bond or
,o:ds shalt have the force ola judgement.
snail be assignable, and whea due, may be
lp'ocee ded on, as twelve months repleyy
bonds may be proceeded on when due.
Is. And be it further enacted, Tina, I'D.
on all mortgages and deeds ftrusi, where
proceedings shall be delayed by the debt
or giving bond with security, or where the
property shall be sold, as prescribed By
this act, the lien on the property so mort
gagged or conveyed in trust, shall not be
lremoyed, until The bond so given shall
be discharged and when such discharge
snail be in consequence Of payment by the
security or securities. in any such bond,
his, her or their executors or sdministra.
tors, he, she or they so paying, shall &C.
quire the right, and be substituted in the
tplace of the original creditor or creditors
holding such lien, and sale may take
place at the instance OF the one; as It could
have done at the instance of the other,
had such Payment not have been made.
l6. And be IL further enaGted, When
by virtue ofthis act, property shall be sold
on credit, 20 expire with the expiration
or repeal of tbs aet, where the properly
shall sell for more than The sum due from
Inc debtor or debtors, the sheriff or other
person making sale thereof, shall take
bond With sufficient security, payable TO the
debtor or debtors. his, her or their execu.
tors or administrators, in double the a..
mount oil such excess, conditioned for the
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