Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1870-06-07
The Virginia RelieflBnL

The following act, passed by the Legisla-
ture of Virginia and approvedsby the Cover
nor, we publish for the benefit of our Vir--
GINA readers, as well as those interested in
our own county
IN Aet to preoent tie sacrifice Of personal
property at forced sales.
1. Be it enacted by the General Assembly,
That hereafter, and until the first day of April,
1872, in all cases of sales of personal property
levied on under Judgments, warrants or de-
crees upon. Obligations, liabilities OF debts
which were contracted or incurred prior to
the 10th of April, 1865, the sheriff or other
officer making said sales, shall, when so re-
quired by the defendant; his agent or attorney,
at any time before the sales, sell the personal
property upon the credit of twelve months,
except as TO the costs and expenses of sale,
which may be required in cash. taking from
the purchasers, bonds, with sufficient surety,
for the balance of the purchase money. The
purchasers shall give their said bonds, payable
to the plaintiff provided that for any excess
of purchase money over and above the claim
of said plaintiff, the said bonds shall be made
payable to the defendant. Whenever the
property is sold under more than one process
the bonds made payable to the respective
plaintiffs shall be given according to their re-
speetiye rights and priorities.
All of the said bonds, when so taken, shall
be returned within twenty days after the day
ofsale by the officer making the sale, along
with the execution or other process under
which the sale was made, in the same manner
as tortheomeing bond is now required to be
returned. The clerk. shall endorse on said
bonds the date of their return, from and after
which time they shall have as against the OBJ
H., Ia, al - i
ment, but on execution shall issue thereon,
except that the said bonds shall at their ma
turity, if still unpaid, have in all other re-
spects the force and effect of forfeited forth
coming bond, and proceedings thereon shall
be had upon the same notice and in the same
manner as heretofore provided by law in ref
erence to forfeited forthcoming bonds, Such
of said bonds as are made payable to the plain
tiff may be paid to him or his assignee or his
agent or attorney, or personal representative,
whenever, in the presence of the clerke, to
whose office the said bonds are returned, the
amount so paid is endorsed" by the plaintiff,
his assignee, or his agent or attorney, or per-
sonal representative, as a credit on the process
under which the sale was made.
2. If the surety upon any bond taken by
the officer under this act be insufficient at the
time of taking the same, then the said Of
ficer, together with the sureties on his official
bond shall be liable to the obligee in the
bond so taken by him, or his assignee or per-
sonal representative, in the same manner and
to the same extent as they are now liable by
law where insufficient surety is taken on a
forthcomeing bond.
8. Whenever judgment shall be rendered
upon any bond taken under the preceding
section, an execution may DO issued thereon
as now provided by law, as to executions upon
forthcomeing bonds; and it shall be the duty
of the clerke to endorse thereon emo security
is to be TAKEN" and all sales of property upon
which such execution shall be levied, shall be
for cash, and in accordance with the laws in
force previous to the passage of this act.
q. The provisions of section one of this act
shall apply to judgements and executions upon
forthcoming bonds forfeited before the pas
sage of this act in cases where the debt or
obligation sued on was contracted or incurred
prior to the tenth day of April. eighteen hun
bred and sixty>fve; butwhere the forthcoming
bond, whenever given in such case, is here
after forfeited and judgement rendered
thereon, said sale shall be made on a credit of
nine months.
5. No judgement shall hereafter be rem
dered upon a forfeited forthcoming bond, in
cases where the original debt or obligation
sued on was incurred previous to the tenth
day of April, eighteen hundred and. sixty
Eve, until after three months notice to the
obligors therein.
6. The fees of sheriffs and other officers
making sales and taking the purchasers bonds
under the provisions of this act, shall be as
follows: For making the sales and taking the
purchasers bonds, five per ceutum on the first
three hundred dollars, and two per centum on
the balance of the sale money and upon exc
cutions on said bonds, the same commission as
in the case for forfeited forthcoming bond;
and in all other respects the fees of said Off
GERS shall remain as now prescribed by law.
This act shall be in force from its passage