Martinsburgh gazette. [volume] (Martinsburgh, Va. [W. Va.]) 1810-1825, 1814-12-15


the duty ofevery sheriff, other officer, who shall
take ANY bond bonds by virtue Of this act, to de-
liver the TO the plaintiff. or to return them TO
the Office the court from which the execution Is
sued, OF the county corporation in which the
distress 20. rent shall have been made, within sixty
days from the date thereof And N default there
of, such sheriff. or other officer shah be liable 10
he same hne to be recovered in like manner as for
failing to return an execution Provided nererthe-
Lcss that where any debt shall be secured by deed
OF trust or mortgage on real property, II shall be
lawful for the court OF the county, in which ire re
ID property, or treater proportion thereof, may
be- on application Of the debtor TO certify the real
value, in their opinion of such property. provided
the creditor have ten DAYS notice OF such sppiica.
ton and If The value of such property ascerl.ined
as aforesaid, shaiibe third greater than ths u
sspant of the debt, swseress ald wcstas seaslNd
aforesaid, and Of all other debts for which the
same property may be incumbered, the trustee or
trustees, or commissioners, acting under any de-
cree for sale of the mortganed premises, shall
not proceed 10 sell such property until alter the
piration ofthis act.
Sec. Is. and be IL further exaefed, That upon all
mortgages and deeds of trust, where the proceed-
ings shall be delayed by the debtor giving bond
and security according to the provisions of ths
act, or where The property shall be sold an pre-
scrbed by this act, the lien on the property so
mortg aged or conveyed in trust shall no be re-
moved until the bond so given shall be dscharg-
ed, and when such discharge shall be the conse-
quence OF payment by the security or securities IN
any such bond, his, her or their executors and adj
miastrators, he she or they shall acquire the
right, and be substituted 10 the place OF the ORR
ginal creditor or creditors holding such lien, and
sale take place at the instance of the one it
could have done at the instance Of the other, had
such payment not have been made A
Sec. To- And belt further eaaaed, That when,
by virtue OF this act property shall be Sold on
rt.a1f wis. x.,,fk tha al1(
this act, when the property shall sell for more
than the sum due from the debtor or debtors,
the sheriff or other person making sale thereof
shall take bond with sufficient security, payable
to the debtor debtors, his, her or their execu-
tors administrators, in double the amount Of
such excess, conditioned for the payment OF said
excess, with interest till paid; which bond, as
well as others taken under the authority Of this
act, shall have the force ofjudgment, and, at the
repeal or expiration OF this act, may be proceed.
ed on according to the directions of the fourth
Section of this act
Sec. IL. And be IL further esccte3, That no proceed
ings of any kinds shall take place under any deed
of trust or ander any decree for the sale Of mort
gagged lropSgxy, III cases ssifaTs tho debtor Or
debtors shall be ordered into the militia service Of
this State or of the United States, during the
the time that such debtor or debtors shall con-
tinie in actual military service /; nor shall any
step be taken in any motion or proceeding author
vice as aforesaid
Sec 18 And be it further enaefcd, That whatsoever
any parties, debtor and creditor, in any contract
heretofore made, being DESTROYS of avoiding cost
of suit, shall mutually agree, it shall and may
be lawful for such debtor to enter into bond with
sufficient security payable 10 such creditor in deu-
bic the amount Of the principal and interest. con-
ditioned for the payment Of the sum actusl, due
with interest, at the expiration or repeal of this
act I; which bond shall be entered into either be-
fore the court of the county Corpor atom, where
the debtor resides, in term time, or with thecl
Of such court in vacation, which bond shall be re-
corded by the clerk, and shall have the force ard
effect of Judgment, and be assignabie, for the
recording Of which bond the debtor si,si pay
the clerk two cents for every thirty words, and
thereupon the original bond, note or account shall
be deposited in the clerks Office.
Sec. 10. BE it enacted, That it shall be lawful
for the obligee in any bond to be entered into in
pursuance OF the provisions OF this act, his or her
executors, administrators or assigns, todemand of
the principal debtor in any such bond. his or her
executors or administrators at the end OF the year
from the date Of the bond during the continuance
of this act, the annual interest Of such bond
which. if the principal debtor. bis or her exccs-
il shall, in such case, be lawful for such obligee,
his or her executors administrators or assiR1ss
on giving ten days previous notice ofsuch motion
10 move the court, from the clerks Office OF which
an execution might be issued at the expiration OF
repeal of this Act, accordngto the. provisions Of
the 9TH Section thereof for an award Of execution
on said bond, against the obligors in such bond,
his, her or their executors administrators, for
the amount of principal and interest due there
on, on which execution the clerk shall en-.
dorsc that " No security of any sort is to be
taken !" Pyocided, nevertheless that, If the obi
gor or obIigors, his, her or their executors adj
minstrators shall prove to the satisfaction Of the
court before which the motion is made, thar
such obligee, his or her executors. adminstra4
tors or assigns did refuse to receive the atore.
said interest in the notes of the Bank OF Virginia,
or Farmers Bank Of Virginia, the court shall not
in such case award such execution.
Sec. 90. AaI be IL further enacted That if any
clerk, sheriff, Surveyor or. other public officer,
who shall have put any Of his fees Of Office into the
hands Of any sheriff, other officer to collect and
taken his receipt therefor, shall refuse, receive
the amount due, upon any such receipt in the notes
of the Farmers' Bank of Virginia, or Of the Bank
of Virginia, iftendered ohim by such sheriff
A.. - eb.4It he