The Port-Gibson correspondent., 1844-03-23
AN ACr

TO insure the collection cJ Jury tdS JeSS'
and for other purposes.
WHEREAS, many suits arc brought by
non.residents and others, 10 different.
counties of this states wherein 10 secnrl-
~ hns been given for costs, and other eX-
Denses, or where the security has been
uiyen. the sureties have been compelled
70 nav costs, in which suits, judgments
having been obtained, nothing can or has
been made upon the executions, by reason
| or the insolvency ofthe defendant or de-
fendnnts; and whereas the plaintiffs in ma
nv of said suits, particularly those living
al distance and having no property IN
The state. have failed and neglected to
nav the Jury tax fees, the clerks fees, She
pPiI's fees. commissions and other costs,
and have failed to indemnify the sureties,
| by reason of which great injustice has
been done TO the said clerks, sheriffs,
sure ties, &c, and their labor and trou
bic have been without remuneration;
wherefore, TO prevent and remedy said
evil
Be /: enacted By, the Legislature Of
the State of Mississippi, That where
any judgment or decree has been hereto
fore rendered in any court of record IN
| this state, or where any may hereafter
be rendered, and an, execution has been,
or may be hereafter returned nnllG bona,
and if the sherilf's and clerks fees, and
commissions, and all other casts and fees
tIGeon, have not been paid by the plain
tiff plaintiffs or if they should not be paid
on or before the first dav ofthe succeeding
term of the court hereafter, or after the
return of said execution, il shall be lawful
for the court in which said judgment or
decree is rendered at the said term,
or any succeeding term, upon the motion
Of any sheriff, clerk, coroner, or any 9TH
er person entitled TO cost, commissions
or fees on said judgment or decree, TO
order said judgment or decree to be sold
by the sheriff at public auction, TO
the highest bidder. for cash: Prouided,
that said order shall set forth particularly
the precise amount Of costs, commissions
and fees, and TO the clerk. sheriff or 9TH
er officer or person, for which the same
may be ordered to be sold: Provided,
that the plaintiff whose judgment may
have been sold, shall have two wears to re-
deem such judgment; and the payment or
tender by him, to the purchaser Of said
Judgment, of the amount of the purchase
money, with ten per cent, shall revive
the said Judgment in his favor as though
the same had never been sold; And
prorided, that if the owner of iudg-
ment, subject TO be sold for costs, un-
der the provisions Of this act, is a resi-
dent Of the State of Mississippi, that
no such order Of sale shall be made
until an execution be first directed to the
proper officer Of the county in which such
owner may reside, and return of nulla
bona be made thereon by such officer.
SIC. 2. That it shall be the duty Of the
sheriff upon payment Of The bid, TO trans
fer to the purchaser, by an assignment
IN writing, all The right, title and interest
Of the plaintiff or plaintiffs, or of the per-
son or persons for whose use the suit was
brought, in and TO said Judgment or de- |
cree; md, snid purchaser slEuii iIuvU ttrr I
absolute control and management of said
Judgment or decree, and may order exc
cuton TO issue thereon in the same man.
ner as lflth had been recovered in his name:
PrOridet, that said purchaser shall be liable 4
tor all costs accrning subsequent to his
purchase: And pr0Uided also, that no
person SHALL have execution upon said iudg-
ment so transferred until he make oath and {
file with the clerk of the court, to be placed
among the papers in said cause, and to
constitute a part of the record in said {
case. that said judgment or decree was
l1n cod for biS 0yx,., n nd IL
not in trust, for the use and benefit ofany /,
other person.
SEC. 3. That such sale and assignment {
ofsuch Judgment or decree as is provided i
for in the second section Of this act, shall |
vest IN the purchaser thereof all interest I
m the cause of action upon which said /
Judgment or decree was recorded, in the q
same manner as il transferred to him oy /
plaintiff or plaintiffs or person or persons. q
for whose use the suit was BROUGHT. and !
shall authorize such purchaser to enter i
of said Judgment. or to with q
draw 'ne cause Of action from the o
record in the same manner that the plain +
TN or plaintiffs, person or persons, for n
whose use the suit is brought, could do. i
Provided, howeUer, that there be more D
than one Judgment, decree, or suit on the c
same cause of action, the purchaser of the n
Judgment shall take the same, subject to i
the plaintiff or plaintiffs right in sucb 3
other Judgment or decree, but such DUR b
chaser shall have the right of discharginr d
such other judgment or decree. and beco. \
ming the owner Of said cause Of action, n
SEC. 4. That the defendant, where :,
here IS but one, or where there are more II
ieiendants than one, who are principals, $;
'hall be the purchaser, the sale and I,
assignment by the sheriff TO said defen- f.