The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1866-11-08


sixty days amer tho same Is made aud not
10 all u, before the expiration Of sixty days
the plaintiff or plaintiffs, or person or per-
sous having the benefit or interest Ia such
Judgment or decree a. bc sold. shalt pay OF
and satisfy the amount for which the same
is 80 ordered to be sold
Sec Be u farther eRacici, That the
sheriff shall return said execution issued
upon the order Of sale aforcment Toned, 20
the succeeding term Of the court, after The
issuance thereof aud shall state the notice
of sale and the purchaser thereof; and Tor
failure 10 make said sale, or 20 make due re-
turn thereof, the said sheriff shall be sub
iec., ON motion Ia pay the whole amount on
said order OF salo. and shall further be liza
he 10 indictment for mlsdcnleAnor IN oihce
land on conviction, shall be hned in sum
not less than Ave hundred dollarai Prorid,'i,
that the rctltus OF such Sheriff, that due
.lnotlee Of tho time and place OF salo was
given pursuant TO the provisions OF this act,
shall he conclusive evidence Of that fact IN
favor Of the purchasers.
See = Bet fHFfheg enacted, That said orler
Of sale, and the proceedings thereon, tOgcth.
or with the execution issued thereon, aud
the Shcrift's return thereon, when returned
into court shall constitute aud compose
part Of the record In the original suit, the
Judgment or decree IN which has been order
not give or certify copy or transcript Of
record in such original suit 60 complete re-
cord unless It contain the aforesaid order of
sale, and the proceedings thereon, and the
affidavit, rs aforesaid
see. $. Re n further enacted, That VI any
clurks, or deputy clerks, shall make out and
certify the transcript or copy of the proceed
llngs in such original suit, as u full aud por-
feet transcript Of the record, without also
trauscribing ~ part of said record, the or
der Of sale said original Judgment or decree,
aud the proceedings thereon, or shall, IN any
respect, violate the provisions of this act
hereafter, or hereafter 90 be Incorporated
herein, he shall be suhicct TO indictment,
aud ON conviction shall pay u fine of five
hundred dollars, aud also he liable 10 suit VT
the instance of tile party Nggrioycd or in
iurcd by his act or omission,
Sec 8. Be n further enacted That no clerk,
or clerks, deputy olcrk, or depaty clerks, on
order of sale of any judgmeot or decree shall
have been made under this act, shall permit
the plaintitfor plaintiffs, or party or parties,
for whose use tho suit Is brought, 90 with
draw the original cause of action from
the record, nor shall he permit bis, her or
their attorney OF attorneys so TO withdraw
the same; IfOridfd. ho,roper, that before the
expiration Of sixty days, limited In this act,
from said order of sale, that such party,
or the attorney or attorneys Of such party.
may withdraw the same upon the payment
of the amount for which said order passed
SEQ. 10 he II farfhcr enacted, That all the
provisions ofths act shall apply aud extend
10 Judgments on forfeited forthcoming
bonds, and all the bonds the forfeiture OF
which is made to operate as Judgment or
decree.
See. II Be II Grber eaaotcd, That when
any assignee of any Judgment Cor any assig-
nee of such assignee) which has been sold
and transferred as aforesaid, shall levy an
execution arising from any such Judgment
| or decree, upon any property, real or personal
il shall aud may be lawful for any person or
persons interested IN said property, IL he,
she or they have good reason TO believe, that
said judgment or decree was not purchased
| by the said assignee for his own use and bon.
eft but for the use and benefit and
| interest for some other person to
make application TO any Judge of the High
Court of Errors and Appeals, Judge of the
| Circuit Court Of the Chancellor of the State
of Mississippi, for writ Of error, coydm nobia
or supercedeas upon said Judgment, rcturna-
bio to the court to which the execution SO
levied. is returnahler and ~ shall Le tho
duty Of any such Judge Of the High Court
of Errors aud Appeals, Judge Of the Circuit
Court, or Chancellor Of the State, upon the
application made as aforesaid by petition, |
and sworn to, 10 grant the same, retuFTfable |
as aforesaid, and il shall be the duty Of the |
court before whom said writ Of error or SUI (
pcreedeas IL returned 10 cause an issue 10
be made up, as TO whether the said Judgment I
was purchased for the use aud interest or |
benefit OF any person other than the said as |
signec as aforesaid, and the said issue shall !
be tried MS other jury trials are had, and Il |
the issue shall be found for the person or per- |
sons interested ia said property 30 levied
upon, the court shall forthwith cause salts /
faction 10 he entered Of record npon said 4
Judgment FrOrided, hoWerer, that the bur /
then Of proof shall always be on the party |
applying for the supecedeas, on every such I
Issue made up under the provisions Of this /
acts And provided also, That no Judge or I
Chancellor, as aforesaid shall grant any
such writ of error or supeeedeas, until the 1
party making application shall have made
good and efficient bond, condition for the
payment Of all costs, In tho event thiit issue
should be determined against them.
See ~. Re II further enacted, That IL shall
and may be lawful In all cases of purchase,
BY any person or persons, Of any Judgment
against himself or themselves under any or.
der Of sale made in pursuance of this act, for
the plaintiff Or plaintiffs In such Judgment
on a scre faeias against such person or per.
soia, In the court Ia which the original jndg
ment was rendered, at any time within
tlree years after snch purchase. 10 show that
at the time of such purchase, either the dc.
fendant or defendants, making the same, or
some other person or persons, for his or I.
their benefit was possessed, either In this or {
some other State, Of property, effects. or .
credits. other than the money with which !
such purchase was made, out Of which, II :
found, said Judgment, OF some part thereof, b
might have been made--and upon sueh b
showing, Il shall be the dHty Of such court 9
to yacate and set aside such order Of sale, \
and thereupon the lien Of such Judgment
against the defendants therein, WALL be re-
viYed and reinstated ~ fully, 90 all inienis !
and purposes, ~ though such order Of sale :
had never beenmade
Sec. l3 dad be n fariLer enacted, That thu
oct SHALL take effect aud be ~ force from
and after it, passage.
Approved, February -, I1ii.
avs Passed nf 1he Present sgcs-