Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1817-01-18

NHNt hufN ttt ONtt W i9IiSSil anu 10
the house, 10 cxhort them 10 recomm if
the hill and not without due consid r,t;-
on, and IN this hasty manner TO adoDt all
the various amendments which bsd been
sent to them bv ,;ie Senate.
This motion WAS supported nv Messrs.
ChamberlaynC, Cotston and Scott and
opposed bv MeSsrs. Dade and Banks
and was lost like The rest, being ayes as.
noes so.
The other amendments of the Senate
were then gone though, and agreed to-
And the bill Is of course the law of the,
land-lt isin the following terms
AN ACT,
Giving Relieft the People ofthis Common
weahh in certain cases.
l. Belt enaotedb the General assembly. That in.
all cases of debt, or money due on execution
deed OF trust, Judgment distress, or decree mo-
sale shall take place or be made unless the party
or parties, his her, or their agent attorney or
representative, for whose benefit such sale i
about TO take place, or to be made, shall AT
least ten days previous endorse upon said exc
cution, deed Of trust judgment, distress, or de-
cree, t!lathe, she, or they willing to receive
in payment x discharge thereof the not.s mr.
bills of the chartered banks Of this state and
such notes OF bills of the chartered banks in
the District of Columbia, Of the chartered
banks III the cities of Baltimore and Annano-
rs OF the bank OF Marietta in the state of o.
hio, the Union Bank of PENNSYLVANIA. the
Knoxville bank III the state of Tennessee and
OF the State Bank of North Carolina as Shall
have been declared current, pursuant to the
provisions of this act: Prorided, however, that
TO debtor snail nave the benefit this act, who
shall not, before such sale takes place, tender
tothe sheriff, or other person c0nductins such
sale, bond wifh good security for the amount
aue, payable with legal interest thereon, on er
before the first day of September next: aud.
Prorided also, that no debtor shall avail him,
self or herself of the provisions of this act, nm
less he or she shall have paid or rendered 20
the plaintiff, the costs decreed or adjudged a.
gatnst him or them, by the court rendering
such decree or Judgment in the paDer ot tNo
chartered banks aforesaid and shall moreover
have paid, in the notes of said banks to the
sherih or other person conducting the sale
the commission allowed him by this act
In orderto ascertain what notes of the char
tered Ranks aforesaid, other than the Bank
OF Virginia, and Farmers Bank of Virginia are
current within the several counties and corpo
ratons of this Commonwealth:
2. BeH further enacted, That it shall be the du-
~ OF each inferior court of county and cor
poration, as soon as conveniently NAV he. Inv
AN order entered of record to declare what
notes of the chartered banks aforesaid. other
than the Bank of Virginia aud Farmers Bank
of Virginia, are current within sach countv or
corporation.
3. BE it further enacted, That when the sale of
any property shall be arrested by givinr bond
and security, and paying costs under the pro-
visions OF this act, such property, if in the Gus
tody of an officer, or other person authorised
to sell, shall be restored to the person from
whose possession il shall have beentakcn: and
tue officer, OF other person, who was proceed
Ing to sell, shall he entitled to one half the
commission lie could legally have demanded
if the sale had been made, and the Whole a.
mount ofthe debt received by him.
4; BE It further enacted, That all bonds taken
under this act, shall be executed in the follow
iHg manner that is 10 say--ir all cases of eye
cutien, the bond shall he made payable to the
plaintiff lin cases of distress, it Shall be made
payable TO the perssn in whose name the dis
tress shall have been made i'm cases of deeds
OF trust, IT shall be made payable to the trustee
Tor the benefit OF the cestui qye trust and in
cases of proceeding under Judgment or de-
cree, directing sale, the bond shall be ma de
payable to the Commissioner, or other person
authorised by sucI, Judgment or decree to con
duct the sale, and shall be for the benefit of
the persons entitled, by such Judgment or de-
cree, the proceeds ottlie sale. To ascertain
the sum due in every case, all interest which
shall have accrued up TO the date of the bond
together with any costs, fortIle payment where,
of no provision hath been made i'm this ACT
shall be added to the principal debt and tie
bond shall be conditioned for The payment of
the SUN so ascertained, on or before the LIST
day OF September next. with legal interest
thereupon from the date until paid. ihe con-
cause for which it is given, 50 thtt il NAV APP
pear TO have been executed in pursuance ofthe
provisions of this act.
.. Bet further enacted, That every bond exc
euted under the authority of this act, To arrest
sale under any execution, Judgment, or de.
cree Ola court of recOtd, shall be- forthwith
returned, by the person 10 whom il shall have
been delivered, to the Clerks Office of the
courtroom which the execution issued or as
the case may be, to the Clerks Office of the
court, in which the Judgment or decree was
pronounced. Every such bond given to arrest
sale under any deed OF trust, distress or
judgment Of d mag ,strate, shall be- in like man
ner, retuued to the Clerks Office Of the
court Of the county or corporation within
which such judgment was given. such distress
made, or the sale under such decd Of trust was
about to take place. Every such bond so re-
turned, shall he duly preserved Dy the Clerk
amongst the records of the office, shall lave
the force ola Judgment, aud shall be asSigna-
bic After the first day Of September next, il
shall be the duty Of the Clerk upon the appli.
cation of any person interested therein, by
himself, his agent or attorney, TO issue execG.
ton upon such bond for the sum appearing due
i together With interest * costs a. to endorse
! on such execution, that no security of anv
Kind is to be taken: Prorifrd, Eo,oerey. that tie
court, from whose Office such execution may
| issue, shall have power, upen motion. on rca.
| - Il" S..