The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-02-03
AN ACT
Concerning Executions, and far other purposes.
CPassed Ian. 81, 1909.

sfNJ ~ cttCs HaF
CPassed Jan. 81, 1901
L. az enacted by the General assembly
as That the defendant or defendant
snaii nave power to stay execution upon Az
Judgement or decree for money, which hath beef
or shall be rendered either by a court or iusiic,
or The peace, by rendering to the court or justic,
OF the peace by whom judgement shall have beer
rendered, within sixty days after the rendition o
any Judgement hereafter to be rendered, or with
IN sixty days from the commencement of this act
az to any judgement or decree heretofore render
Ell, bond with sufficient security, payable to the
plaintiff, or plaintiffs, his, her or their executors
administrators or assigns, IN double the a,ruun,
or the demand, conditioned To pay ;hc principn
a 'd interest Proviasd a. wuys, that the said bond
and security nL,y be given, either in court, or ~
the cleFss's aaice off said court Ut any time witiaa
the aforesaid sixty DAYS.
=. daf be itEurther enacted, That when any d s.
tress Tor rent duc in money shall be made, the
tenant may stay proceedings rn such distress, hY
giving like bond with sufficient security, to the
sher'H or other officer ievyinr the same, payable
to the landlord, his executors, administrators or
assigns, which bond 1t shall oc tie d,ty OF such
ein"er 10 deliver to the landlord, his agent or at
toriey or 10 return the same To the clerks o.
fee OF the county, or corporation in which the
distress shall have been made, within thirty day,
thereafter.
) dna be IL further cuacteI, That no execution
shaii issue upon amy Iej,ie"y bond, bond given
- property Suid on tWciNc months credit, or for
'cited FORTHCOMING bod heretofore executed,
provided, the obliEofs OF: their legal rcarcscnt.
tves shall give Ike bond and security To thl
court, or 1t tiiat be not holden in the clerks OF.
hce OF the court which by Ian now is, or here
after shall be authorised to enforce the payment OF
such bond, within sixty days after the passage OF
TINS act, o. before suci nc i-yy bond shall be-
come due, or execution be awarded on such for
Ieited Forthcoming bond.
f. dna he At further enacted, That every unsa-
uSHeG execution Tor morley, which al the cora.
mencenlent or this act, shall be in the hands oi a.
ny siieriff, or Other officer, may be stiid in NE
same manner as q iudgcme.I. Presided. the
bond and security he given Tor sue, purpose be-
tore the otiIcer proceeds to sell.
, and DC a. HrtAe' enacted, That The bonds ia
kehln pursuance of this act, shall have the force
Vi a judgement, and be ass;gnabic, and upon the
expiration OF this act, may be acted upon rs
t"ei'e months rcpicvy bonds may be proceeded
upon when due.
9. Anl6e is further enacted, That all proceed
inbs Shall dc suspended UPON any decree render
ed by any court OF ch.ncery for the sale OF pei
sonat property, and also all proceedings by any
trustee on any deed of trust, may be staid in tie
same manner as a judgement may be staid by
virtue OF the first section of this act in which
ctSe the bond with security is to De given in the
name Ut The creditor TO the trustee or commissi.
onerS Fyopided nevertheless, Tia. nothing IL
tins act contained shall be so construed as to ex
teha TO any deed OF trust, mortgage, or other
lien on real or personal estate, given or created to
""e'n"''y any person or PERSONS AS security, OF
10 secure The repayment of any money paid b,
any person or persons as security for another OF t,
secure the payment of any sum ur sums of mo.
hey, received by another as attorney, sheriff, SER
ge"nt, coroner, constable, guardian, executor,
administrator or committee OF an idiot or lunatic,
or other person of unsound mind, or as receiver,
or trustee under any order or decree of any court
OF law or equity.
Z. INDIE it further enacted, That fiat any time
Tie obhsee or oblisecs, his, her or their cxecu.
tofs, administrators or assigns of any OF the bonds
10 DE taken b%yvlftue OF this act, snail think tho
security insu ificient, or HSeiy to become NO, he,
She or they, as the case may be, shall have pow
er upon giving ten days notice TO the principaI
DEBTOR or debtors, ms, her or their executors O.
ADMINISTRATORS II to be found in The county O;
circuit, and mot to be found, on alve.tsn : TIC
same Tor one month, at the court house door, tt
move The court, to stay wllose Judgment or cxecu
ton the bond and security shall have been niycn,
tor new security, which if the court award, All,
the defendant or defendants, his, her or their ex
ccutors or administrators, snail fail 10. give, he
sue or thcy, as the case may be, shalt be deprived
OF the benefit OF this act, and the bond thereto
fore given, shall be proceeded upon, rs If this act
had expired. The landlord, his executors, adj
mlnIstrators or assigns, shall have the same re
medy against his tenant, his, her or their execu
tors or administrators, as to insufficient security
before the court of that county or corporation IL
which the distress was made.
3. ind ne ii. further enacted, That any securit,
to bonds, given by viytue of this act, his, her u
their executors or administrator, shall have pow
er with IKE nohce) 10 require counter security
and upon failure oftie principal debtor or debt.
ors, his, her or their executors or administrator s
to give such, he, she or they shall forfeit the pri
VieSeso f tRls act, and execution may go agains
g the principal debtor or debtors, his, her or thei
executors or administrators in favor of the Gre
dltor, and for uhe relief of the said security or sc
c%uTtIes, who, nevertheless, shai, rem1in boun,
TO the original creditor III terms oftheir bond.
PrOVtded, dfSryS, That no Judgment, executi
on or sale shall be staid, until bond, with security
according TO the provisions oitlliS act, Shall haII
been given, and that this act shall be constructs
to apply only to judgments for money arising up
on cont 'acts HERETOFORE entered into, and t
Judgments for money, which have been o
. nI"y be rendered ia suits where tie cause o
Z action shall have accrued before the pas y,
\ OF this act but that it shall not extend 1
Judgments IN actions Of Islander, assault and bat
+, terry, tresPass and actions on the case founded j
tort. and that it shall not apply to any judgrncn
which shall be, or may have been recovered by q
ny person or pc. SONS, his, her or their executor
. or administrators, as security against another, o
to any Judgment which shall be, on may nav
beeH recovered by any person or PERSONS, his, lac
OF their executors or administrators, as securit
against the principal debtor or debtors, his, ne
o. tier executors or administrators, or 10 an
: Judgment which hath been, or shall he rendere,
. or given in favor OF any person or persons, again.