Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1809-02-07

= Shall have accrued upon the Judgment, de-
lcree, execution, sale, or other proceeding
to be staid.
"A. and Be Al further enacted, That ii all
instances where any person, who, under the
provisions Of this act, is authorised to stay
proceedings on any Judgment, deed oftrust
decree, execution, distress, or upon any
forthcoming bond, fepIeyv'y bend taken Oh
! distress for rem, or On levying an execution,
Or bond given for property sold on twelve
months credit, by giving bond with sacuri-
fty, n the manner heretofore directed, shall
fail to avail himself Of the indulgence, all
property taken BY virtue Of such Judgment,
execution, decree, deed Of trust, and upon
every such forthcoming bond, replevy bond
taken On distress for rent, or on levying an
execution, or bond given for property sold
on twelve months credit, the time and place
lot sale being previously duly notified, shall
he sold to the highest bidder, and bond or
bonds from, the purchaser or purchasers,
unless he, she or they shall bethe creditor,
with sufficient security, shall Be taken blythe
officer, or other person or persons conduct
ing the sale, payable to him or them to
whom the money may be due, or to his, her
or their executors or administrators, in dou-
bic the amount Of The purchase, conditioned
Tor the payment OF the amount purchased
BY the purchaser Or purchasers, with inter,
est On SO much thereof as shall be sufficient
to satisfy the purchase, payable at the expi-
ration or repeal Of this act: and the said
bond or bonds shall have the force of a
Judgment, shall be assignahle, and when
d., may be proceeded on as twelve months
rep.-vy bonds may be proceeded Oh when
due.
Is. Aad be it tf:lrttey enacted, That upon
all mortgages and deeds Of truss, where pro-
csedipgs shall be delayed by the debtor CIV
ing bond with security, or where the pro-
psrty shall be sold, as prescribed by this
act, the lien on the property 50 mortgaged
orcoaveyed IN trust, shall nosbs removed,
unsil the -ponl 50 given shall be discharged !:
and when such discharge shall be In conse-
quence Of payment by the security or secn-
rites II any such bond, his, her or their ex-
ecators or administrators, he, sh4 or they SO
paving, SHALL acquire the right, aud be SUD-
stitutsd inthe place Of the original creditor
orcreditors boltliag such lien,and sale may.
take place at the instance OF the one, as 1t
could have done at the instance OF the O.
ther, had such payment not have been
made.
is. Aad5e il tftrther enacted, When by
virtue Of this acr, property shall DE sold on
a credit, TO expire with the expiration or
repeal of this act, where the property shall
sell for more than the the sun due from the
debtor or debtors, the sheriff OF other per
son making sale thereof, shall take bond
with sufficient security, payable sothe deb
tor or debtors, his, her Or their executors or
administrators, in double the amount OF such
excess, conditioned for the payment thereof,
which bond Shall have the toTce Of jodg-
melt, and at tie expiration OF this acs, the
same proceedings shall be had thereon, as
are had on twelve month rePlevj bonds
when due.
II. Aaa5eit fnrther enacted, That the
act entitled :. An act concerning the sale OF
property undcr execution and lncumoranc-
es, = passed the nrst day OF February, IN the
year eighteen hundred and eight, snail be,
and the same is hereby repealed, except 50
much thereof as was intended 70 be perPe-
tual. :,
IS. This at shall continue in force Til
the rising of fhe next General Assembly.
10. This act shall be in force from the
passage thereof.