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

I
il shall be the daty of such justice to give, the
bond therefore given may be proceeded on As il
this act bad eNpircd or been repealed.
! Scct s <Hi be IL further enacted, That any Sc
cure to any bend given BY virtue Of this act, his
her of their executors administrators, shall have
Powsg, upon ike notice, to require counter secu-
rity, snd failure OF the principal debtor OF debt
ors, IS, her or their executors or administrators
to gse such counter security, be, she or they shall
forfes the privilege Of this act and execution may
issue sgs:nst The principal debtor or debtors, his,
her o. then executors or administrators, in favor
OF the creditor, AID f,v the relief ofthe said seed.
/ rlty q securities, who, however, shall remain
bouad TO the creator, in the terms OF the bond,
tor tie ultimate payment thereof, Preceded alSsavs,
That no judgment or sale shah be stayed, until
Aen} lI -erurits aerordirr - ne provisions of
ssset, tsaaa nave been given and That tins act
shall be con.tnled to apply only TO Judgments for
money arising from contracts heretofore entered
N o, and 10 judgments for money, which have
been or may b. rendered in suits where the cause
Of action shallLave accrued before the passage of
this act but il shall not extend to judgments in
/ actions OF Islander, assault and battery, tresspass,
detlnue, or actions on the case founded IN tort
and that it shall not apply to any judgment which
shall be may have been recovered by any person,
his, her or then executors or administrators, as Sc
curity against the principal debtor or debtors, bis,
her or their executors or administrators or TO
any judgment ilst hath been or shall be rendered
| IN favor of any person persons against another
for money, received attorney, sheriff, sergeant,
coroner, constable, guardian, executor, admins
traitor, committee of any ideot or iu1atic, or as
receiver or trustee under any order or decree of a.
| nv court of law or "a ttv: --or to any Judgment,
which hath been or shall be recovered by the
state ,--or TO any judgment, which hath been or
shall be recovered against sheriff, under sheriff,
or other public officer, or their securities, or toe
heirs, executors oradminisrators OF such sheriff,
under-sherf, or othe: public officer, or their Sc
| curities for any other delinquency whatsoever !;
| or to any judgment recovered by or against the
Mutual Assurance Society against any other
| Insurance Company established BY law within
| this Commonwealth or to any judgmnet which
| hath been or shall be recovered BY or against
| any bank established by law, to any Judgment
which hath been or shall be recovered by the gene
raj Government, or any Gifts officers
Sec g. Iaa Re ii further enacted, That nothing
in this act contained shall be construed to prevent
am plantff or plaintiffs, his, her or their execu-
tors, administrators or assigns, whose Judgment or
execution shall be stayed by this act, from resort
ing to the original security or securities his, her
their administrators, tor the recove-
rsy of Ais, her or their original deot demand
Provoked due diligence shall be used after the ex
pration of this act, enforce the payment OF such
bond or bonds, as NAV be executed to them under
this act nor shall such bond be regarded as salts
faction of the debt or demand for which 1t shall
have been given, until the same shall be actually
paid.
Sec. TO- Aad Be il further eaaaed. That such ORR
g.nal security. his, her or their executors or adj
mnistrstors, may at any time move tor counter
security, in the same manner as secureties men,
toned in the eighth section Of this act. And IN
case the principal debtor, his, her their execu-
tors or administrators, shall fail to give srch secu-
rity, then execution may immediately issue against
such principal de btor or debtors, his, her or their
executors or administrators, ard his. her or their
last security or securities, in favor OF the creditor,
and for the relief ofthe SAID original security or Sc
curities, who, however. shall remain bound TO the
creditor in The terms of the Original contract.
Sec II. ard be it futaer enacted, That In case
any defendant or defendants shall failto give such
bond and security as is authorised by this act ufl-
til after the sheriff or other officer shah have levied
apy execution which to him shall have issued the
sheriff o. other officer who shall have levied the
execution shall be entitled to the same cornmissi-
on as is now allowed on taking delivery or forth
coming bonds, and may issue his tickets therefor,
and for supporting the property taken IN execution,
and have the same remedy for their collection A.
gainst The defendant defendants only as hereto
fore has been given against the plaintiff IN FORTH
coming bonds And in such case the sheriff or O.
Their officer shall deliver to such defendant or de-
PENDANTS the property taken in execution, upon the
production or delivery to HIM OF the esft'ncate
from the clerk issuing such execution ulat bond
and security have been given according to- this
Act
Sec. % And be III wther enacted, That the clerk
Of any court or other officer, shall be emitted to
sixty three cents, for each bond he may take I'M
der the authority of this act 10 be paid by the de-
PENDANT or defendants executing such bond and
collected in like manner fees for other services
Sec. 13. .dnd Ee IL further enaeied, That before
any defendant or defendants shall avail himself,
herself or themselves of all any of the provisions
Of this act, he, she they shall pay OF and salts
fy all COSTS which shall have accrued upon the
judgment, decreee, execution, saie' or olhef
proceedings TO be stad -.
Sec Ia And ben further enacted, That IN all m
stances where any person, under the provisions OF
this act is authorised 10 stay proceedings on any
ludg nent, deed OF trust, decree execution or dis
tress for rent, by giving bond and security, accord
ing to the directions Of this act and shall ta to a.
vail hirnse OF the Indulgence, all the property ia
ken by virtue Of such Judgment, execution decree,
the highest bidder, the time and place being duly
| notified; and the purchaser or purchasers, unless