The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1884-04-10
Judicial Sales.


The following is ian act to provide for the
rejection of purchasers at, and other persons
interested in, judicial sales," approved Februa-
ry rs, 1884:
l, Be IL enacted by the General Assemble of Vir-
giaia, That no special commissioner appointed
land shall advertise for sale or renting or make
sale or rent of such land, with power to collect
the pIrchase-money therefor. until he or some
or renting shall have first executed bond before
such court, or the clerk thereof in vacation
with personal security, to be approved by such
court or clerk, in such penalty as the court
shall fix, conditioned and payable as prescribed
by law; and no such special commissioner
shall advertise the sale or rental of such land
without first obtaining certificate from such
clerk that the bond required by law or by the
certificate, or copy thereof, to the ADVERTISE
ment; and the clerk of the court decreeing the
sale or renting. shall make his certificate as to
the execution of the bond as aforesaid when
ever such bond shall have been executed as
hereinbefore required, and shall note the same
ceive therefor fee of twenty-five cents to be
taxed and paid in the costs of the suit and
with the report of Sale OF renting =
2. When such certificate as to the execution
of the bond shall have been published with an
advertisement of the sale or renting of land, or
when such bond shall have been given prior to
a sale or renting of land not publicly advertise
in pursuance Of such advertisement or in pur-
ance OF the order or decree of sale or renting,
shall be relieved of all liability for the rent Or
purchase money OF any part thereof which he
may pay to any special commissioner, as to
whom proper certificate shall have been APP
given the bond aforesaid.
8. If any clerk shall make any such certih-
cate as to the execution of such bond falsely he
and his sureties shall be liable upon his oficial
shall issue the same Knowing it to be false or
not knowing It to be true. he shall, in addition
may impose, il not less than fifty or more than
five hundred dollars, and he shall, by order of
the Judge of the court, be removed from his
Office.
A. Such special commissioner SO collecting
any purchase or rent money, as aforesaid, shall
report the same, and properly account for and
disburse the amount SO collected in accordance
Jurisdiction of the cause, and for his failure SO
to do he and his sureties shall be liable upon
his bond aforesaid.
The commissioner or commissioners or
sale or renting, shall receive and collect all the
purchase or rent-money, unless, by decree of
court, some other person shall be appointed to
collect the same, and, in case of such appoint
bond or bonds in such penalty as it shall see ft
When such appointment is made. it shall be the
purchaser OF lessee, to be served as other no.
tees are served; but no payment shall be
made to such person SO appointed until he shall
cree: Provided, however, that if any payment
is made to special commissioner or other per-
son appointed to make a sale or renting before
ment of another person. the said special com-
missioners OF other persons who made the sale
or renting, and the Sureties on his bond, shall
be responsible for the money SO paid, and the
purchaser or lessee making payment shall not
be responsible therefor. Should the clerk fall
to perform the duties imposed upon him by this
section, he shall be liable to all the penalties
imposed by the third section of this act
6. If any special commissioner or receiver ap-
pointed by any court to collect money, who is
required by law or decree of the court to give
bond before collecting the same, who shall col
lect said money or any part therereOf, without
giving bond, and fail properly to account for the
same, and shall be deemed guilty of the larceny
of the money so collected.
z This act shall not apply to any case in
which the advertisement or decree of sale or
renting has been made prior to the passage of
this act, but it otherwise shall be in force from
its passage.