Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1884-03-28
of this meeting be published in all the city
and county papers. Carried
| Convention then adjourned, subject to
| Call of President.
Judicial Sales.


The following is IAN act to provide for
the protection of purchasers at, and other
persons interested in, judicial sales," ap-
proved February 25th, 1884:
l. Be 1t enacted BY the General Assembly
of Virginia., That no special commission
er appointed by court in decree for the
sale or renting of land shall advertise for
sale or renting or make sale or rent of
such land, with power to collect the pur-
chase money therefor, until he or sime
one of the persons appointed to make the
sale or renting shall have first executed
bond before such court, or the clerk there
of in vacation, with personal security, to
be approved by such court or clerk. in
such penalty as the court shall dx, condi-
TONED and payable as prescribed by law;
and no such special commissioner snail
advertise he sale or rental OF such land
without first obtaining a certificate from
such CLERK that the bond required by la
or by the decree has been executed, and
appending such certificate, or copy
thereof. to the advertisement; and the
clerk of the court decreelng the sale or
renting, shall M IKE his Certificate as to
the execution of the bond as aforesaid
whenever such bond shall have been ex-
ecuted as hereinbefore required, and shall
note the sama in the proceedings IN the
cause, and shall receive therefor fee OF
twenty five cents, to be taxed aud pad IN
the Gusts of the suit; and such certificate
or a copy thereof shall be returned with
the report Of sale or renting.
2. When such certificate as to the eXecu-
tion of the bond shall have been published
with an advertisement OF the sale or rent
ing of land, or when such bond shall nave
been given prior to a sale Or renting OF
land not publicly advertised. any person
puI chasing or renting such land IN purSu-
ance of such advertisement, OF IN pursu-
ance of the order or decree OF sale or rent
ing, shall be relieved of all liability for the
rent or purchase money or any part there
of which he may pay to any special COM
missioner, as 70 whom proper certificate
shall have been appended to such advtr-
tisement or who may have given the bond
aforesaid
8 If anv clerk shall make any such GER
tificate as to the execution OF such bond
falsely he and his suretleS shall be liable
upon bis fficial bond to any person injur
ed thereby; and if he shall issue the same
knowing it to be false, or not Knowing it
to be true, he shall. in addition to such
liability. paw such Hne as the court may
impose, of not less than fifty."r more than
five hundred dollars, and he shall, by or
from his flee.
4. Such special commissioner 50 collect
ing any purchase or rent-money, as atore-
said, Shall report the same, and properly
account for and disburse the amount SO
collected in accordance with the order or
decl ee of the court having jurisdiction OF
the cause, and for his failure SO to do he
and his sureties shall be liable Upon bis
bond aforesaid.
s. the commissioner or commissioners.
or other person or persons appointed TO
make the sale or renting, shall receive aud
collect all the purchase or rent-money.
unless, by decree of court, SEINE other
person shall be appointed to collect the
same, and, in case of such appointment.
the coHrt shall require of him or them
bond OF bonds in such penalty as it shall
see fit. When such appointment is made,
it shall be the duty of the clerk to issue
notice thereof to the purchaser or lessee,
to be served as other notices are served !;
but no payment shall be made To such per-
son SO app united un' il he shall have exc
cuted the bond required by the decree
Provided, however. that If any payment IS
made to a special commissioner or other
person appointed to make sale or renting
before the purchaser or lessee, notice OF
the appointment of another person. the
said special commissioner or other person
who % 4de the sale or renting, and the
suretles on bis bond. shall be responsible
for the money so paid. and the pun chaser
or lessee making payment shall not be re-
| sponsible therefor Should the clerk fail
to perform the duties imposed upon him
by this section, be shall be liable TO all the
penalties imposed by the third section Of
this act.
6. If any special commissioner or recelv
- ,rt oil
who IS required by law or decree of the
court to give bond before collec ing the
same, shall collect said money or a. Y part
thereof, without giving such bond, and
fail properly to account for the same, he
shall be deemed guilty of the larceny of
the money so collected.
7. This act shall not apply to any case
in which the advertisement or decree of
sale OF renting has been made prior to the
passage of this act. but it shall OF herwise
be in force from it's passage.