The Yazoo City Whig and political register., 1844-03-29

where any may hereafter besrendered, and
an execution has been, or may be hereafter
returned, nAtEa bona, and if the sheriff's and
all otlier costs and fees thereon, have not
been paid by the plaintiff Or plaintiffs; or if
thoy should not b paid on or before the first
day Of the succeeding term Of the court here
after, or after the return Of said execution,
! it shall be lawful for the court in which said
Judgment or decree is rendered at the said
term, or any succeeding term, upon the mo-.
4 lion of any sheriff, clerk, coTensr, or any o.
ther person entitled to costs commissions Of
fees on sad judgment or decree, to order the
said judgment or decree to be sold by :he
sheriff Il public auction, % the highes. bid
4 der, for cash: Provided, that said order shall
set forth particularly the precise amount of
Ecosts, commissions and fees, and to the clerk,
sheriff or ether officer or person, for which
the same may bs ordered to be scld: ProUid-
Ied, that the plaintiff whose Judgment may
ave been sold, shall have two years to re-
deem such judgment; and the payment or
ltsndsr by to the purchaser Of said iudg-
Imont, ofahe amount Of the purchase money
lwith Ten per cent, shall revive the said
tjuagmen bis laver, as tho the same had
never be- sofd: Ind provided, that if tie
Hewner of 3 judgment, judgment 20 be sol
fer costs, under he proVisiens ef this act, is
s e. residential the state of Mississppi hat no
such erder Of sale shall Be made mil an sex-
ecnlion 30 FIRST dire Ed 70 the proper officer
Eof euniy in which such owner may e.
ssite reiIrn Of RusLa bona be made
s. ach officer.
Ec n fArther enacted, That i shall
~ uty o. The Sheriff, upon payment =
tae sId e tfanster 70 the purchaser, By y
sssi lllaerf IN writings allthe right, Title and
rs plaintiff 0r plaintiffs, ne
= 81 pefeons for v hose use fhosu =.
bre ght u aud 70 SAID judgTnen er decTe
and sid gchaser shall have Ike sou
contrei and rnanagement ef saidjud ntol
deef and may order execution eissue
r thereon ID tho same manner aslf II had beer
recoversd ID his name: ProUided, that said
purchaser sIi D Be liable for all cests accrnine
5 subeeqnen 10 his ptiFcl osss md pro- bed nt
: Sc, that 20 person shall have execution upoE
said judgment so tranefeffsd, until ho MAXI
: j a. Il, and tiiU with fhe elerk Df the court 4
: be placed among the paaeEs q said cavee
S and to constitua paEs d tie record in sais
g case. Tia said udgmen q decree was pus
Z sassd RI is own 81 and bensflt, and nc
d l1st, Use Id benefit Of any Othe
d person.
o SEC B. Be z fi,riker enacted, That sue
4 sale ana gnmonl 81 such judgment Or de
/. cree aa oVided lof in he second sectiO
+ lOf fhis hal estin he purchaser there
af all interest ihe Cause ef action upo
i whie said jud aeree wasTecorde
= in G. same mann nsfeTTed to hin
y by plalntiff or plan III, 81 perhaps If NOR
" thar snail oper4L6 as complete satla
fse exiingu guishmento of said udgmen
9Vided, that each principal dc
ee 81 liable to contribute his pro
Of po 1m bid and paid by the 9th
q rogided also, that when the JUDI
Be- "a decree is against principals and 81
hi feties; if the suretiea, or either of them d
"a and purchase the Judgment or decree, lh
sale and assignment shall operate as an e1
inguishsd and satisfaction Of the judgmel
81 dscfae, but such surety or suretiss may +.
= cord he amount ofthe bid and purchase RAJ
ney nom the principal or principals in sa
iud gment or decree, with lawful intere
3: from the time of such purchase; .4nd Prog
-. ded also. That each surety shall contribu
- and pay his or her Tateablo or propofliOna
- paIi of lhe bid and purchase money to Il
Of surety who purchased and bid for the judi
ment or decree.
SEC. 4. Be Il further enacted. That q
'tu clerks shall issue an execution, founded u
= on said order Of sale, directed 10 the sheTi
ed commanding him to sell said judgment or 4
in cree, particularly specifying the said jud
ch ment, and the day Of its rendition, and 4
sum for which the same IS ordered to be sol
vas aAd The said sheriff shah give ninety da
notice by publication IN soma newspaper
this state, when the plaintiff Ia said jud
msnt shall be q non resident, and sixty da
notice when the plaintiff n said iudgme
shall be resident Of the STATE, and By 1
vertisement in three Or mere public places
ths county-E roUided, That ne clerk sh
g issue an execution On any such order
ale, until sixty days after ihe same ia ma
on. and not 81 before the expiration Of sil
un- days the plaintiff 81 plaintiffs, person Or p
has sons. having the benefit or interests IL 81
) of Judgment or decree to Be cold, shall pay
Ire and satisfy the amount for which the sa
) = IS So ordered 10 Sc sold.
OBJ SEC. S. BE i further enacted, That
pen sheri6 6 shall return said execution issued !
ncy on the ordeT Of sale Aforementioned g
teas succeeding term of the court, afleT tle 81
Gu ance she of and shalt state the ncilee
Ing sale and the purchaser thereafs and lol
and lure to make said sale, 81 81 make due
rk's fnrh thereof. the said sheria ia shall Be SUBJ
.her on motion, to pay the Whole amount On 8
are- order Of sale, and shall further be liable
has indictment lor q miedemeanOr Ia Office,
aFe- en- conviction, shall be fined 10 9 sum
ave less than Ave hundred dollars: Pf0vid
/, 70 That the returns 81 such sheriff, that due
ice 81 the time and place ef sale was Civ
lure nngsnant 10 the provisions of this acl, 81
any Be conclusive evidences of ihat fact IN f.
rem of <ha purchasers.
!, o. ssc. 8. BE i further enacted, That said