Martinsburgh gazette. [volume] (Martinsburgh, Va. [W. Va.]) 1810-1825, 1814-12-15
From tie Enquirer.
EXECUTION LAW.
IN act concerning Executions, and 70
other purposes.

Ot"eT P@f pVSe'-
Sec. /. Be IT enacted b. n, General Assensbl,y
That the defendant or def. ndants shah have pow
CT to STAY ans execution upon any judgment or
decree for money, which hath been or shall be
rendered either by court or Justice of the peace
by rendering to The court or justice of the peace
by whom the Judgment decree shall have been
rendered, bond and sufficient security payable 10
,h. plaintiff or plaintiffs his her, their execu
tsrs, administrators or assigns, IN double tie
guoant Of the demand, conditioned to pay the
a1nuht Of principal and interest, at the repeal or
expsration Of tF,s Act Prociaed, that nc said
bond swl secnritS 10 STAY esxcution OF tlsss il.
! mems or decrees OF courts may b. given either
in co art or IN the clerks Office of said court.
Sec. 9. AnJ te it farther enacted, That when "a
ny distress for rent due in money shall be
| made, the tenant may STAY proceedings on such
distress, by giving like bond and sufficient secu-
rity to the sheriff or other officer serving the
same payable to the landlord, his executors, adj
minstrators or assigns
Sec. 5. Ind be ia further enacted, That any I'M
satisfied execution, for money, that may De in
the hands of the sheriff or other officer at the
commencement of this act, or which may hereaf
ter be issued in consequence of the defendant or
defendants not giving the securi, required by this
act may be stayed in the same manner as judy
! ment Provided, the bond and security be given
for such purpose, before the officer proceeds to
sell.
sec. J. and Re it further enacted, That any bond
or bonds, taken in pursuance OF this act, shall
have the force of judgments and be assignabse.-
And Il, at the expiration or repeal OF this act the
money shall not be paid according to the condition
Of sad bond or bonds with interest from the date
thereof, it shall be lawful for the oblgee credi
tor, his executors, administrators or assigns, or
the attorney of either of them, to lodge the same
with the clerk Of the court, in which the origi-
nal Judgment or decree was rendered, or from
whence ne execution issued, orwith the clerk Of
that county or corporation within which the ori-
gind Judgment may have been rendered by jus.
tice o. the peace or within which the proceedings
were stayed, sale made under which such bond
or bonds were taken, with an affidavit that the
money! or part thereof, is still due, and the clerk
sf&.i taefeuron issue execution Tor the money,
R.,A interest FROM the date of the bond, that
may appear from The bond amt affidavit 70 be due,
ag.i,lst the debtor, his executors adgnnistra-
tors and upon such execution the sheriff other
officer she'll saSe nc seci.rty, bat levi the same
ara sell .lc property, on which the -exect'eion
t!.ali DC levied, tor the best price that can be
ob,ailed and, for the better information of the
sbor s, the clerks Of the respective courts shall
IL torse upon all such executions By them issued,
that "Nc security Of sny kind is to be taken -
R>,vi-cy 3@0aes tia, ii tie tebtor can prove the
p4ylntn, of the money for which snoh execution
issued, either 10 the assignee, or to the ORR
ginal obiges, bis executors or administrators. be-
tore notice Of the assignment, i shall be lawful
for tic court qdAs stich execution OF give such
judgmcns rs to them shall seem right
Sec &. Aad he It further esaeted, That all pro-
ceedlis,4 shsu be suspended upon every decree
rendered b. any court of Chancery, for the sale
OF real or personal property, and also all proceed
htyS by any trustee on any deed OF trust may be
STAYED 10 the same manner Judgment may
be stayed by virtue of the rst Section of this act;
Ia which case, the bond with security is TO be g-
ven, in tao name of the creditor to the trustee
trustees, or commissioners Preceded aSvayS that
nothing in this act contained shall be construed
70 extend TO any deed ot trust or mortgage, or
other lien on READ or personal estate given or Gre
ated to endemnify any person or persons as Sc
curtg, or to secure the repayment OF any money,
paid by any person or persons security for ano-
Their, or to secure the payment of any sum or
sums OF money, received by another as attorney,
sheriff. rae ant, coroner, constable guardian exe
cutor, or administrator, or committee OF any lu-
natic or ideot, other person OF unsound mind,
or as receiver or trustee under any order or des
cree of any court Of law and equity.
Sec s. Ana be 1t further enacted, That, if at any
time the obgee or obligees, his, her, or their
executors, administrators or assigns, OF any OF
the bonds taken by virtue Of this act, except
such as may have been taken to stay proceedings
on judgments rendered by justices of the peace,
shall thInk the security insufficient likely to be-
come SO, he, she or they shall have power, upon
giving ten days notice to the principal debtor or
debtors, his, her or their executors or admins
traitors, if to be found within the county, cor
poration, where he She they resided at the time
when such bond WIS given; and If they on adj
! vertisng the same one month at the door of the
court house OF such county or corporation, to
move the cour,, to stay whose Judgment, decree
| or execution, the bond and security shall have
| been given or the court of the count, or corpo-
ration where the same shall have been made or
| proceedings stayed, for new security; which #
| the court shall award, and the defendant or de-
! PENDANTS, Lis, her or their executors OF admins
traitors shall fail give, he, she or they IS the
cause may be, shall be deprived of the benefit OF
this act, and the bond heretofore given may be
proceeded on as if this act bad expired
Sec z. and be rtfvther enacted, Thatit, at any
time the oblgee or obligees, his, her or Their eA
ecutors. administrators, or assigns of any Of the
bonds taken to stay proceedings on Judgments
rendered by justices of the pesce, aha think the
security insufficient likely to become SO, ne,
she or they shah have power. upon giving ten Gays
l fpkt debt