The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1871-03-30
S'fiEaHTSnEr IoETIo1Anrbl Is rs Il {!
ACTS AND JOINT RESOLUTIONS

"SSe" Oy tNe Legt8t0tuTe-SeSStOU 1871
and 1871.
AN ACT TO ENABLE JUDGMENT DEBTORS TO
sELh THEIR REAL AND PERSONAL PRO-
PERTY. AND TO ooNFIKM SALES ALREADY
MADE, IN CONFORMITY WITH CONDITIONS
HEREIN SPECIFIED.
SECTION !. Be it enacted by the Senate
and Houso of Representatives. of .h..
State Of South Carolina, now met and
sitting in General Assembly, and by the
authority OF the same, That from and
alter the passage of this Act, Judgment
debtors may, aud they are hereby, au-
thorlzed and empowered to sell and con
vey any or all OF their real and personal
property which may at the time be sub.
lect TO levy and sale. to satisfy any jndg-
mcnt or decree of any court in this State
against the said debtor, and to pay over
the entire proceeds of said sale or sales
10 tho SherlH III whose office such intlp-
ments, executions or DEGREES are lodged,
To be applied by said Sheriff toward the
satisfaction of the same; and y. p.ovded
no objection shall be nude in writing by
either OF the judgment creditors and
flied with said Sheriff rs to the price ut
which tho said property may have been
sold within three mouths from and after
the time such payment shall have been
nude, the said sale or sales shall there
lpon be considered an,! confirmed; and
che said Sheriff shall make the following
endorsement on the buck of the deed or
deeds OF conveyance, viz: "No objection
having been fled in my office to tho
within bargain and sale, within the time
prescribed hy law. this bargain aud sale
10 therefore contirmed;" the snme to be
lated and signed officially by said She
riff.
SEC. 2. BE it further enacted, Should
either of the Judgment creditors object
to the prices ut which any of the said
property may have been sold, and file
such notice with the Sheriff within the
time before mentioned. the Sheriff shall
immediately proceed to levy upon and
"ifer for sale said property, proceeding,
IN nll respects, according to tho law in
regard to levy aud sale by the Sheriff;
and II the highest bid made for said pro-
psrty shall not bo more than the amount
of the Indebtedness which had been can
''elled by the sale made by che debtor,
The Sheriff shall withdraw said property
from sale, and the creditor or credit ors
who may have filed their objection shall
lie required to pay oil coets aud expenses
that accrued III consequence thereof.
The Sheriff shall make the folio wing Gu
1orscment on the back of tho convey
hnce made by the debtor, viz: :Obiec-
tlon having been fled in my offic. by
Judgment creditor,
L levied upon aud exposed for snle the
property within named; and, failing to
receive higher bid than tho amount of
Indebtedness cancelled by the proceeds
of the within bargain and sale, this snlc
!s therefore confirmed" and signed rs
directed in Section l. Of this bill.
SEC. 3. BE il further enacted, That in
the event that the property when exposed.
for sale by the Sheriff, as provided for in
Section 2. should bring moro than the
amount of tho Indebtedness cancelled by
tho proceeds of the sale made bv the
.icbtor, the purchaser from tho debtor
shall be refunded the amount paid by
him. with interest from the time of paw
ment, and tho bargain and sale made by
>he debtor rescinded, aud titles executed
by tho Sheriff to tho purchaser Mt his
sale; aud after dedncting the costs and
expenses by reason Of the levy and sale,
the remainder to be applied, according
to law, towards satisfaction of the iule-
ment or executions in his Office.
SEC. 4. BE further enacted, That all
sales OF either real er personal property
mauo Oy judgment debtors, and the en-
tire proceeds of said sales having been
paid into the Sheriff's Office, to be ap-
piled toward the satisfaction Of the de-
mands i'll that Office against such dcbtor
prior to tho passage Of this Act shall be
considered confirmed, unless objections
to tho price ut which said property had
been s)ld shall be made by uny OF tho
judgment creditors within three months
from and after tho passage of this Act;
and, provided objections shall he filed,
us specified in Section 2, of this Act, in
such case The Sheriff shall proceed as di-
rectcd i'll Sections and 3, of this Act.
Sec. 5. BE ii further enacted, That all
Acts aud parts of Acts, inconsistent with
this Act, arc hereby repealed.
Approved March 7, 1871.
AN ACT TO PROTECT THE INTERESTS OF THE
STATE, WHEREVER PAYMENT OF INTEREST
NOW DUE REMAINS UNPAID, ON BONDS
ISSUED BY ANY RAILROAD COMPANY, AND
wIIEREON THE GUARANTY OF THE STATE
IS ENDORSED.
SECTION l. BE ii enacted by the Senate
and House of Representatives Of the
State Of South Carolina, now met and
sitting in General Assembly, and by the