The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-02-03

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ecutors, administrators orjassigns, whose ludg
ment or execution may be s;aid by this act, iron
resorting to his, her or ther original security o
I securities, his, her or tlicireXccutors or adm:sis
, traitors, for the recovery oflhis. her or their OH
5 ginaldebt or demand !; Pbviasa, due diligenc,
be used after the expiratio, Of this act to enforc,
the payment of such bond a. bonds, as to him, he
or them, may be made o rgivcn, under the au
thority OF this Act nor ssall amy such bond b,
regarded as a satisfaction Of the debt or de
mahd, on account of which 1T shall be so made ol
given. until the same shall be actually paid.
III. BE It enacted, That such original security
ms, her or their executors or administrators, ma,
at any time, move for counter security in the
same manner, as the securities mentioned in the
eighth section of this act. And, in case the pri,.
cIpal debtor or debtors, his, her or their eXecu.
tors or administrators, fail TO give such security,
then execution may Immediately issue against
such principal debtor or debtors, his, her or their
executors or administrators, and his, her or their
last security or securities, in favor of the crcdi-
tor, and Tor the relief OF the said oririnal security
or securities, who nevertheless shall remain bound
to the creditor, in the terms Of his, her or their o.
r;ginsl contract.
IL haa re az jWrhcr enarei, That IN case any
defendant or Il -tendants shall taIl 4, rive such
bond and security AZ is auti,orisclb by Tins act. un-
til atterthe sheriff Or other officer shall have levi
Ell any execution, which to INN shall have issu-
ed, the sheriff or other ofiicer, who shall so have
levied the execution, shall be entitled to tnc
same commissions as herctof. J.. were allowed on
taking rePievy bUrds, and may issue his tickets,
and have the same remedy for their collection A.
gainst such defendant or defendants, AS hcr.to-
lore was given against the plaintiff in such forth
c'mlng boads. And III sncii case, the sheriff or ~
isier officer shall deliver To such defend ant or de-
PENDANTS, tbs property so taken in execution upon
his, her or their producing and delivering to him
a certificate from the clerk issuing such execute.
m th1 hnnl ,xItt. a@,,,,t Hail. - -
cerding to the provisions Of this act.
12. .Ana be it further enacted, That the
clerk of any court, or other officer, shall be
entitled to sixty-three cents for each bondhe
may take under the authority of this act, to
be paid by the defendant or defendant. ex-
ecuting such bond, and collected in like
manner As tees for other services.
Is. BE II further enacted, That before
any defendant or defendants, shall avail
himself, herself, or themselvcs, of all. or a.
ny OF the provisions of this act, he, she or
they shall pay off and satisfy all costs which
shall have accrued upon the Judgment, de-
cree, execution, sale, or other proceeding 10
be staid.
IA Ind 6e IL further enacted. That in
All instances where any person. who, under
the provisions OF this act, is authorised To
s;av proceedings on any judgement, deed of
- Ss '~S'NOf SHSSuNiNiip ulSllGSS, Ut uI)lll
any forthcoming bond, replevv bond taken
on distress far rent, or on .~levyins an execu-
ton, or bond given FIR property sold on
twelve months credit, by giving bond with
security, In the manner heretofore directed,
shall fail to avail himself of the indulgence,
al property taken bv virtue of such iudu-
ment, execution, decree, deed Of trust. and
upon every such forthcoming bond, repievy
bond taken on distress for rent, or on levy
ing an execution, or bond given for prorer
ty sold on twelve months credit, the time
and place of sale being previously div no.
titled, shall be sold to the highest bidder.
and bond or bonds from the purchaser or
purchasers, unless he, she or they shall be
the creditor, with sufficient security, shall
be taken by he officer, or other person or
persons conducting the sale, payable to HIM
or them to whom the money may be due, or
TO his, her or their executors or administra
| tors, in double the amount of the purchase.
conditioned for the payment of the amount
purchased by the purchaser or purchasers,
with interest on so much thereof as shall
be sufficient to satisfy the purchase. pay
able at the expiration or repeal of this
act And the said bond or bonds shall have
the force ola judgment, shall be assignable.
and when due, NAV be proceeded on as
twelve months replevy bonds may be procee-
ded on when due.
Is. .dnd be further enacted, That upon
all mortgages and deeds of trust, where pro
ceedings shall be delayed by the debtor civ
ing bond with security. or where the property
shall be sold, as prescribed BY this act, the
lien on the property SO mortgaged or convey
ed in trust, shall not be removed, until the
bond so given shall be discharged {; and when
such discharge shall be in consequence of
payment by the security or securities in anv
such bond, his, her or their executors or adj
ministrators, he, she or they sopaying, shall
racquirc the right, and be substituted in the
place ofthe n & ma lcreditor or creditors hold
ing such lien, and a 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.
is. .8nd be IL further enacted, When by
virtue of this act, property shall be sold OH a
credit, to expire with the expiration or re-
peal of this act, where the property shall sell
for more than the sum due from the debtor or
debtors, the sheriff or other person making
sac thereof. shall take bond with sufficient
security, payable to the debtor 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 force of a judgment, and at the ex
piration OF this act, the same proceedings
shall be had thereon, as are had ON twelve
months replevy bonds when due.
IL. ind be if .furfher ehdefed, That the
act entitled IAN act concerning the sale of
propt rtj under executions and incumbran-
Ces," pissed the frs day of February. i'm The