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Richmond, Printed by SAMUEL M. PLEASANTS, fur the benefit of himself and the other Uepresentatires of Sainuul Peasants,Xwased!
Vol. XX)l._No. 3U2] RICHMOND—WEDNESDAY. DECKMMBKR r. i814. £4 JV.lls. pri» lij, AN ACT Concerning Executions, and for oilier purposes. , [Passed November 25th, 1814.] I. Be it enacted by the General Jlsstvibly, That the defendant or defendants shall have power to stay any exeeu ▼ tion upon any judgment or decree for money, whieh hath been or shall lie rendered, either by a court or justice of the peace, by tendering to the court or justice of the oeace by whom the judgment or decree shall hare been ren .dered, bond an I sufficient security, payable to the plaintiff or plaintiffs, Ms, her or their executors, administrators or assigns, in douMc*the amount of the demand, conditioned to pay the amount of principal and interest, at the repeal or expiration of this act, Provided, that the said bond and security, stay execution of the judgments or decrees of courts, may be given either in court or in the clerk’s office of said court. II And beil further enacted, That when any distress for rent due in money shall be made, the tenant may stay proceedings on such distress, by giving like bond and sufficient security to the sheriff*or other officer serving the snme, payable to the landlord, his executors, administrators or assigns. III. That every unsatisfied execution, for money, that may be in the hands of the sheriff or other officer at the commencement of tliisaot, or which may hereafter he issued inconsequence of the defendant or defendants not giv ing the security required by this act, may be stayed in the same manner as a judgment, provided the bond and seou ri*y be given for such purpose before the officer proceeds to sell. IV. Jle it further enacted, That any bond or bonds, taken in pursuance of this act, shall have the force of judg ments and be assignable. And if, at the expiration or repeal of this act. the money shall not be paid according to the condition of said bond or bonds, with interest from the date thereof, it shall be lawful for the obligee or creditor, his executors, administrators or assigns, or the attorney of either of them, to lodge the same with the clerk of the court in winch the original judgment or decree wa« rendered, or from whence the execution issued, or with the clerk of that county or corporation within which the original judgment may have been rendered by a justice of the peace, or within which the proceedings wore stayed, or ta’.e made under which such bond or bonds were taken, with an affidavit that the money, or apart thereof, irstill due ; and theelerk shall thereupon issue execution for the mo* nej, with interest from the date of the bond, that may appear from the bond and affidavit to be due, ag&iost the debtor, bis executors or administrators; and upon such execution the sheriff op other officer shall take no security, but levy the same, and sell the property, on which the execution shall be levied, for the best price that can be obtain* cd ; and, for the better information or the sheriffs, the clerks of the respective courts shall endorse upon all such exe cutions by them issued, that “ no security of any kind is to bo taken : Provided always, that if the debtor can prove the payment of money for which such execution wus issued, cither to the assignee or to the original obligee, bis executors or administrators, before nojicc of the assignment, it shall be lawful for the court to quash such execution or give such judgment, a* to them shall seem right V. lie it further enacted, That all proceedings shall be suspended upon every decree rendered by any court of Chancery lor the *nle of real or personal property, and also all proceedings by any trustee on any deed or trust may be stayed :n the same manner as a judgment may he stayed by virtue of the first section of this act; in which case the bond with security is to be given, in the name of the creditor to the trustee or trustees, or commissioners ; Fro Tided always, that nothing in this act contained shall be construed’ (o extend to any deed of trust, mortgage, or o tLtcr lien on real or personal estate, given or created to indemnify any person or persons as security, or to secure the repayment ui 4ny nioncy paid by any person or persons as security for another, or to secure the payment of any autn or sums of money received by another as attorney, sheriff, sergeant, coroner, constable, guardian, executor or administrator, or committee ol‘ any lunatic or idiot, or other person of unsound mind, or as receiver or trustee under uny order or decree of any court of law or equity. ' i. *tntu Or H further enacted, That if at any imt' the obligee or obligees, hi*, her or their executor*, admumtra tors or assist..; of any of the bonds taken by virtue of this act, except such as way have been taken to stay proceed 4 i-g* judgment* rendered by Justices of the peace, shall think the security insufficient, or likely to become so, he, she or they shall have power, upon giving ten day9 notice to the principal debtor or debtor*, his, her or their execu tor* or administrator^ if to be found within the county or corporation where he, *he cr they resided at the time when such bond was given, and if not, on advertising the aaine one month at the door of the court- bouse of such county or corporation, to move the court to stay whose judgment, decree or execution the bond and security shall have been given, or the court of the county or corporation where the sale shall have been made, or proceedings stayed, lor new security ; which, if the court shall award, nnd the defendant or defendants, his, her or their executors or admin istrators, shall fail to give, he, she or they, as the case may be, shall h% deprived of the benefit of this act, and the bond there to foie given may be proceeded on ns if this act had expired* VII- And bt it further enacted, That if, at any time, the obligee or obligees, his, her or their executor*, adminis trators or assigns of any of the bonds taken to stay proceedings on judgments rendered by justices of the peace, shall think the security insufficient* or likely to become so, he, she or they shall have power, upon giving ten days notice to the principal debtor or debtors, his, her or their executors or administrators, if to be found within the county or corporation where the judgment w as rendered ; and if not, on advertising the same one month at the door of the courthouse ot the said county, to move any justice of the peace for 9ueh county or corporation for an order for new security, which if such justice of the peace shall grant, and tin* stpd defendant or defendants, his, her or their exe cutors or administrators, shall fail to comply with, he, she or they, as the oase may he, shall be deprived of the ben efits ot this act; and upon a certificate of such failure, which it shall he (he duty of such justice to give, the bond thereto.'ore given may he proceeded on as if this act had expired or been repealed. \ III. And be it further enacted, 'I'll at any security to any bond given by virtue of this act, hia, her or their exe cutors or administrators, shall have power, upon like notice, to require counter-security ; nod on failure of the prin cipal debtor or debtors, his or their executors or administrators, to give sjich counter security, h**, she or they shall lot fell the privilege of this act, and execution may issue against the principal debtor or debtors, his- her or their exe cntois or administrators, in favour of the creditor, and for the relief of the said security or securities, who, however, shall rem: in bound to the creditor in the terms of the bond for the ultimate payment thereof. Provided always, that no judgment or sale shall be stayed, uutil bond and security, according to the provision* of this act, shall huve been given ; and that this act shall be construed to apply only to judgm* nts lor money Hri»*:ig from contracts here tofore entered into, and to judgments for money which have beeu or maybe rendered .n suits where the cause of action shall have accrued before the passage of this net; but it shall not extend to judgments iu actions of slander, assault and battery, trespass, detinue, os actions on the ease, founded in tort; ami that it shall not apply to any judgment which shall be or may have been recovered by any person or persons, his, her or their executors of admin istrators, as security, against (he principal debtor or debtors, his, her or their executors or administrators ; or to any judgment that, hath been or shall berjjotlercd in favour of any person or persons against another for money re ceived as attorney, sherlfi’. sergeant, coroner, constable, guardian, executor, adininrs rator or committee ef any idiot or lunatic ; or as receiver or trustee under any order or decree of any court of law or equity ; or to any judgment which hu:li been or shall he recovered by the state j or to any judgment which bath been or shall lie recovered a gainst a sheriff, under sherilf or other public officer or theif securities, or the heirs, executors or administrators of such sheriff, under sheriff, or other public officer, or their securities, tor any other delinquency whatsoever; or to any judgment recovered by or against the Mutual Assurance Society, or by or against any other Insurance Company eslablishe<V>y law within this voinuionweatth, or to aiy judgment which hath been or shall be recovered by or a gainst any i)&nk established by law’, or to any judgment which hath been or shall be recovered by the General Go vernment or any of its officers. -*fc IX. Awl be it further enacted, That nothing in this act contained shall bo construed to prevent any plaintiff or plainulfs, his, her or tbejr executors or administrators or assigns, whose judgment or execution shall be stayed by this act, from resorting to ttie original security or securities, his, her or tneir executors or administrators, for the recovery of his, her or their original debt or demand: provided due diligence shall be used after the expiration of this act to enforce the payment ol sucli bond or bonds, as may be executed to them under this act ; nor shall such bond be regarded as satisfaction of the debt nr demand for which it shall have been given, until the tamo shall he actually p lid. X. Jinu (>cit further enacted, That such original security, his, her or their executors or administrators, may at any time move For counter-security, iu the sum*.' manner a* securities mentioned in seventh section of this act. Aud in case the principal debtor, Iks, her or their executors or administrators, shall fail to give such security, then execution may imiiiedintcry issue against such principal debtor or debtors, his, her or their executors or administra tors, and his, her or their last security or securities, in favour of the creditor, and for the relief of the said original security or securities, who, however, shall remain hound to theer ditor in the terms of the original contract. XI. And be it furthif enacted, That in case any <! dendant or defendants shall fail to give such bond and seouiity as is authorised by this aol, until alter the alierili or other officer shall have levied any execution which to him shall have issued, the sheriff or other officer who shuil have levied lue execution, shall be eutillod to the same commission as is now allowed ou taking delivery or forthcoming hoods, and may issue his tickets therefor, and for supporting the property taken in execution, and have the same remedy for their collection, against the defendant or defendant^ f only, as heretofore lias been given against the plaintiff in forthcoming bonds. And in such case the sheriff or other officer shall deliver to such defendant or defendants the property taken in execution, upon the production or delivery to him of I he certificate, from the clerk issuing such execution, that bond and security have been given according to this act., XII. And hr. it further en acted, That t|i« clerk of any court or other officer shall be entitled to sixty three oents for each bund he muy t»ke under the authority of ibis act, to be paid by the defendant or defendant* executing such bou<Uand collected in like manner as fees lor other services. XIII. Jjid be it J’urllur enacted, That before *oy defend.iirt Of defeu lants shall avail himself, herself or them selves, of all or any tf the provisions of this ant, he, she or they shall pay off and satisfy all costs which shall have accrued upon the judgment, decree, execution, sale or other proceedings 10 he staid. XIV. Jini be it further enacted $ Tnat in u'4 instance* where any person, under IU# provisions of ibis act, is au thorised to stay proceedings on any ju-g.nmr, deed ,>f iruat, decree, execution or distress for rent, by giving bond and siourily according to the direction* ui (Usaai* and shall tail to avail himself of the indulgence, all the property taken by virtue of such jn <gv.ieat, exenu ion, decree, deed of trust, or distress for rent, shall be sold to the highest binder, the time and pUoe oeiug duly Mu.ied, Hal too purchaser or purchasers, unless he, she or they be the crcdi tor or creditor** out of the amount of the purchase, hy an apportion an* cording to the amount of their purchases, shall first pay off and di«ch<u go al\ theeosts which shall hare accrued upon such judgment* decree, execution, deedof trust* or distress for rent, and shall give bond or bonds with sqflloicnt security for the residue of the purchase tdthe officer, or other person or persons eondneting the sale, payable to the creditor or creditors, Ui»» her or their exeeutorg, administrators oratsigns, in double the amount of tho pqf* chase, conditioned tc pay the amount of the purchase money, with iqfsrrst thereon* at the repeal or expiration of this act, or so much thereof ua w»U amount tothe debt and interest, to the creditor or creditors. And it. shall he the duty of ever^heriff or other officer, who shall take any bond or bonds by virtue of this act, to deliver the same to the plaintiff, or to return them to the office of theeoart from which the execution issued, or of tho county pp corporation in which the distress for rent shall have been made, wjlbin sixty days from the date thereof. And in default thereof, such sheriff or other •flieer^ shall be liable to the same line, to be recovered in like manner as for failing,to return an execution* Provided nevertheless! that where any debt shall be secured by deed or trust or mortgage on real property, it shall be lawful for the court of the eouqty in which the real property or a greater pro* portion thereof maybe, on application of the debt for, to oertiy thereal value, in their opinion, of such property, provided the creditor have ten days notice of. such application.; and if the value of such property ascertained as afore* *1^1 he one third greater than the amount of the debt, interest and costs secured as aforesaid, and of all other debts for wliioh the same property may be incumbered, the trustee or trustees, or commissioners acting under any de cree for a sale of the mortgaged premises, shall not proceed* to sell such property until after the expiration or repeal of this act. XV. And he it further enacted, That upon aU mortgages and deeds of trust, where the proceedings shall be delayed by the debtor giving bond and secu rity according to the provisions of this aet, or where the property shall he sold as prescribed by this act, the lien on the property so mortgaged or con veyed in trust, shall not be removed until tho bond so given shall be discharg ed.; and when such discharge shall be the consequence of payment by the se curity or securities in any such bond, his, her or their exeentors and adminis trators, he, she or they shall acquire the right, aod be substituted in the place of the original oreditor or creditors bolding such lien, and a sale take place at the instance of the one, as it couldjiave done at the instance of tho other, bad such payment not have been made. h ^e ** further facted, That when, by virtue of this act, proper* ty shall be sold on a credit, to expire Mith the expiration or repeal of this act, where the property shall sell for more than the sum due from the debtor or debtors,, the sheriff or other person making sale thereof, shall take bond* with sufficient security, payable to the debtor or debtors, his, her or their executors or administrators, in double the amount of suph excess, conditioqcd *01 the payment of said exeess, with interest till paid, which bond, as well as others taken under the authority of this aet, shall have the force of jndc mets, and, at the repeal or expiration of this act, may be proceeded on ae, cord ♦eg to the directions of the fourth section of this net. II. ileti further enacted, Tiiqt no proceedings of any kind shall take place under any deed of trust, or underany decre * for the sale of mortgaged property, m eases where the debtor or de >tors shall be ordered into t’ o militia service of this State or of the United States, during the time that such debtor or debtors shall continue in actual rqili'ary service, nor shall any step b*j taken in any motion or proceeding authorised by this act against any neroon when in service as aforesaid. " ■ ♦ 1 v. ne nJurllt‘r enacted. That whensoever anyoartieg, debtor an l ere* ditor, in an}’ contract heretofore made, being desirous of avoiding costs of suit, shall mutually agree, it shall and may be lawful for such debtor to e.r.er into bond with sufficient security payable to such creditor, in double the amount of the principal ana interest, conditioned for the payment of the sum act ia(lv due with interest, at the expiration or repeal of this act f which bond shell be en tered into either before the eourt of the county or corporatiQo, where the rfrbt. or resides, In term time, or with the clerk of such court in vacation, which bond shall be recorded by the clerk, and shall have the force and effect of a judgment, and be assignable; for the recording of which bond the debtor shall pay the clerk two eents for eveiy thirty words; and thereupon the qriVin il bond, note or aeoouat shall be deposited in the clerk's office. ” • 4 XIX. lit it enacted, That it shall he lawful for the obligee in any bond to be entered into in pursuance of the provisions of this act, his or her executor* administrators or assigns, to demand of the principal debtor in any such bond* his or her executors or administrators, at the end of the year from th« date of the bond,, during the continuance of thitact, the annual interest or !>ond, which, if the principal debtor, his or her executors or administrator shall fail or refuse to pay, it shall, in such case, be lawful for such ohlieee hil or her executors or administrators or assigns, on giving ren days previous’no! tica of such motion, to more the court, from the clerk's office of which‘a/i execution might he issued at the expiration or repeal of this act accord c-to the provisions of the fourth section thereof, for an award of execution^ im sa>d bond, agonist the obligors in such bond, his, hor pr their executors ad, ministrators, for the amount of priucipal and inteicst due thereon, on which Lx eoution the clerk shall endorse tlmt no security of any sort is to he takoto*” Provided nevertheless, that if the obligor or obligors, his. her or their eseoo tors or administrators, shall prove to the satisfaction 0f the court before which the motion is made that such obligee, hispr her executors, administrators or assigns,djd refute to reoeive the aforesaid interest in notes of the Bank of Virginia or Fanners' Bank of Virginia, the oourt shall not iu such ease a ward such execution. " And bett further enacted, That if any clerk, sheriff, surveyor or other public officer, who shall have put any of his fees of office into the hands oVurty sheriff or other officer to oollect, and taken his receipt therefor, shall refuse to receive the amount due upon any such receipt in the notes of the Parmer t Hank of Virginia or of the Bank of Virginia, if tendered to him by sue . shoril? or other officer, in su**h case it shall not he lawful for snob clerk, sheriff sur veyor or olherpuhlic officer to entertain any action or motion ami si *sl-*jU sheriff or other officer who shall have given any such receipt, to recover t he amount thereof, until after the repeal or expiration of this act. And if in any case, any clerk, sheriff, surveyor or otner public officer, shall institute auy action or motion agaiust any such sheriff or other officer as atari a ml upon any such receipt, and it shall appear to the jury, or to the fpurt who may try such action or motion, that the amount due opon the same had been tendered as aforesaid, judgment shall be rendered for the defendant in every such action or root ion, with costs; Provided, that any such judgment fo^ tic defVmdapt shall no he pleadable in bar of any action or motion which iu*y instituted forth;- recovery of the amount dpe upon any such receipt, after Jbe repeal orexpir»tion of this act. XXI. And be it further enacted, That the several courts, before whom a ny of the motions authorised by this aotishall he mad*, shall award the costs of such motioo to the party or parties who may prevail therein, XXII. And be it further enacted. That this a< t shall commence and be force at the expiration of fifteen da) ■ from the pasting thereof, and contin ue in force until the first day of March one thousand eight hundred and Sixteen Valuable Land. J'or Sale. BY Virtue of a deed of trust executed by John Marshall, of Amelia County the 19th day of September, one thouaand eight hundred and twelve, to myself and Featherstou C. Smith,for certain pursues therein mentioned— I shall on the lTth day of December next, as surviving Trustee, proceed to sell at Ferktnson villc in said county to the highest bidder for ready money, a '.Tract of Land, vippuiKsd to couuuii one liunurcd Acres ; iy*t%g »n the waters of South Buckskin in the cn.i itT of Amelia, anti bounded by the lands of JP*t; ,r.k ionea, the estate of said John Marshall, Jan.es Stott, Mrs. llarvie and myself, it bein* j. the Land on which the said John Matwbad r«— aided. THOMAS WORSHAM, 19urri»inp Trtistep. Amelia, Nov, 13, lfilf.