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


as receiver, orti.stee under any order
or decree of any court of law or equi-
tv. $50
7.Andbe it further enacted, That fiat
any time the obligee orobligees, his, her,
or their.executors, administrators OF as
signs of anv OF. the bonds to be taken
by virtue of this act, shall think the Sc
c,irity insufficient, or likely to become
1so, he, she, or they, as the case may
be, shall have power upon giving ten
ldays notice to the principal debtor or
debtors, his, her, or their executors or
administrators, if to be found in the
County or circuit, and if not to be found,
on advertising the same for one month,
at the courthouse door, to move the
court, to stay whose judgment or exc
eution the bond and security shall have
been given, for new security, which if
the, court award, and the defendant
or defendants, his, her or their execu-
tors or administrators, shall fail TO give,
the, she or they, as the case may be,
shall bedeprived of thebene6t ofthis act,
land the bond heretofore given, shall be
proceeded upon as if this act had ex-
Ipired. The landlord, his executors,
administrators or assigns, shall have
the same remedy against his tenant,
ihls, her or their executors or admins
traitors, as to insufficient security, be-
lore the court of that county or cor
lporation in which the distress was
made.
8. And be it further enacted, That
any security to bonds, given by virtue
OF this act, his, her or their executors
Tor administrators, shall have power
with like notice. to require counter
security, and upon failure OF the prin-
lcipal debtor or debtors, his, her or their
executors or administrators, to give
such, he, she or thew shall forfeit tht.
privileges of this act, and execution
may go against the principal debtor or
ldebtors, his, her or their executors or
administrators, in favor of the creditor,
and for the relief of the said security
Ior,securities, who nevertheless shall re-
main bound to the original creditor in
terms oftheir bond.
Provided always, That no judgment. ex.
ecution or sale shall be s,aid until bond.
with security, according to the pro-
provisions of this act, shall have been ri
ven, and that this act shall be construed TO
lapply only to judgments for money arising
upon contract heretofore entered into. and
to Judgments for money, which have been
or may be rendered in suits where the
cause OF action shall have accrued before
the passage of this act; but that it shall NOT
textendto Judgments in actions of SANDER.
assault and battery, trespass, and actions
on the case founded in tort, and that il shall
not apply to any Judgment which shall he
or may have been recovered by anv ner
son or persons, his, her or their executors
or administrators, as security against ano.
Their, or to any judgment which shall be. or
may have been recovered by any person or
persons, his, her or their executors or adj :
illustrators, as security against the pr;n-
cipal debtor or debtors, his, her or their
executors or administrators, or 70 any
Judgment which hath been, or shall he
rendered, or given in favor of any person
or persons, against another, for any sum or
! sums OF money received as attorney. che
riff, sergeant, coroner, constable, guardian.
executor, administrator or commitrse of an
edeot or lunatic, or other person of unsound
mind, or as receiver, or trustee under anv
I order or decree of any court of law or e.
EQUITY, or to any judgment which hath been
or shall be recovered by the state, or TO 4 /.
my judgment which hath been or shall he
recovered against sheriff, under sheriff
or other public officer, OF their securities.
or the heirs, executors or administrators of
such sheriff, under sheriff or other pubic
officer, or their securities, for any other
delinquency Whatsoever, or to any i,,do.
meBt which hath been, or shall be Obtain
ed by any bank established by law. or 70
Iany Judgment, or execution moved or issn.
led by the Mutual Assurance Society a
gainst fire on buildings Of the state of Vir-
ginia, or by any body polite or corporate.
against delinquent subscribers to their ca
pItal stock.
9. And be it further enacted, That no
thing IN this act contained shall be So Gov, !.
strued as 10 prevent any plaintiff or plain
tiffs, his, her, or their executors, admjn;s-
traitors or assigns, whose Judgment O, exc.
cution may be staid by this ac,, from re !.
storing to his, her or their original secnri.
ty or securities, his, her or their executors
or administrators, for the recovery of his.
her or ,heir original debt or demand Pro,
vided, due diligence be used after the ex.
plratlon OF this act, TO enforce the payment
OF such bond or bonds, as to him, her or Them.
may be made or given under Tho .,,rLa..,