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


notice by publication Of some newspaper
il this State, when the plaintiff ia said
iudamenG shall be non resident, md six.
" days notice when the plaintiff ia said
Judgment shall be resident Of the State,
and by advertisement in three or more
public places in the county: Provided,
that no clerk shall issue an execution on
any such order of sale, until sixty days
after the same is made, and not at all
If before the expiration of sixty days the
plaintiff or plaintiffs, person or persons,
having the benefit or interest in such
judgment ordecree TO be sold, shall pay
off and satisfy the amoun! for which the
same is so ordered TO be sold.
SEC. 6. That the sheriff shall return
said execution issued upon the order Of
sale aforementioned, to the succeeding
term of the court, after the issuance there
of, and shall state the notice of sale and
the purchaser thereof, and for failure to
make said sale, or make due return thereof,
the said sheriff shall be subject, on motion.
to pay the whole amount on said order of
sale, and shall further be liable to indict
ment for misdemeanor in Office, and on
conviction shall be fined in a sum not less
than FIVE hundreddolars: Provided, that the
returns of such sheriff, that due notice of
the time and place of sale was given, pur-
suant to the provisions Of this act, shall
be conclusive evidence of that fact in
favor of the purchasers.
SEC. Z. That said order Of sale, and
the proceedings thereon, together with
the execution thereon, and the sheriff 3
return thereon, when returned into court
shall constitute anG compose part of the
record in the original suit, the Judgment
or decree in which has been ordered to
to- be sold, and the clerk Of the court,
shall not give or certify copy or tran
script ofrecord in such original suit to
record, unless it contain the.
aforesaid order Of sale, and the proceed
ings thereon, and the affidavit as afure-
said.
SEC. s. That if any clerks, or deputy
clerks, shall make Out and certify the
transcript or copy Of the proceedings in
such original suit, as full and perfect
Of The record, without also
lraRscrlbing as part of said record tho
order of sale Of said original Judgment or
decree, and the proceedings thereon, or
shall in any respect violate the proyis-
ons of this act hereafter, or hereafter to
be incorporated herein, he shall be SUBJ
ect to indictment, and on conviction
shall pay fine of FIVE hundred dollars,
md also be liable to suit at the instance /
of the party aggrieVed or injured by his
lct, or omission.
Sec. 9. That no clerk or clerks depu-
~ clerk, or deputy clerks, on order of
sale of any judgment; or decree shall I
nave been made unslCr this act, shall per-
nit the plaintiff or plaintiffs, or parry or
parties, for whose use the suit is brought,
10 withdraw the original cause Of oction'
from the record, nor shall permit his, her
'r their attorney or attorneys, 50 to with
lraw Il c same: Provided, however, that.
before the expiration OF sixty DAYS, limit
d in this act, from said order ofsale, that
urfrPuTry Or the attorney or ATTORNEYS
I such party. may Withdraw the same
pon the payment of the amount for
which said order passed.
SRc. 10. That all the provisions of
his actshaIl apply and extend to iudg-
lents on forfeited forthcoming bonds,
nd all the bonds the forfeiture of which t
made to operate as a judgment or de- c
rec. S
SIC. II. That when any assignee of
ny Judgment (or any assignee of such t
ssignee) which has been sold and trans S
'rred as aforesaid, shall levy an execution i
rising from any such Judgment or decree, i
pom any property, real or personal, it c
lail and may be lawful for any person r
persons, interested in said property, {
he, she or they, have good reason TO G
alleve, that said judgment or decree was a
Of purchased by the said assignee for
IS own use and benefit, but for the use t
nd benefit and interest of some other c
srson, to make application to any Judge '
the high court of errors and appeals,
dge of the circuit court, or the chancel.
r OF the state Of Mississippi, for writ c
error, coram nobiS, OF supercedeas, up c
said judgment, returnable to the court c
which the execution so levied is retur- c
lblej and it shall be the duty Of fany such /
dge Of the high court of errors and ap d
'als, judge of the circuit court, or chan
llor of the state, upon the application Q
ade as aforesaid by petition, and sworn n
, to grant the same, returnable as afore. b
id, and it shall be the duty of the court
fore whom said writ of error or superce- k
as is returned, to cause an issue to be I
ade up, as TO whether the said iudg- a
emf was purchased for the use and in.
st or benefit of any person other than
g said assignee as aforesaid, and the
id issue shall be tried as other Jury \
ais are had, and if the issue shall be 6
md for the person or persons interested