Chap. 109.—An ACT to Amend and Re-enact section 89 of chapter 49
of the Code of 1873, in reference to Sales under Judgments, Warrants,
or Decrees, for Debts contracted prior to April 10, 1865.

Approved March 14, 4874.

1. Be it enacted by the general assembly, That section P
thirty-nine of chapter forty-nine of the Code of Virginia 4
(edition of eighteen hundred and seventy-three), be amended C
and re-enacted so as to read as follows: .

Ҥ 39. Hereafter, and until the first day of April, eighteen y
hundred and seventy-five, in all cases of sales of personal ?
property levied on under judgments, warral’its, or decrees, ¥
upon obligations, liabilities, or debts which were contracted >
or incurred prior to the tenth day of April, eighteen hun- 4
dred and sixty-five, the sheriff or other officer making said
sales shall, when s0 required by the defendant, his agent or
attorney, at any time before the sale, sell the said personal
property upon a credit of twelve months, except as to costs P
and the expenses of sale, which may be required in cash, ?
taking from the purchasers bonds with sufficient security for x
the balance of the purchase money. The purchasers shall ¢
give their said bonds, payable to the plaintiff: provided, that 5
When sold un- fondant. Whenever the property is sold under more than
act oes one process the bonds made payable to the respective plain-
tiffs shall be given according to their respective rights and
priorities. of the said bonds, when so taken, shall be
Return of bonds returned within twenty days after the day of sale by the
officer making the sale, along with the execution or other
process under which the sale was made, in the name manner
as a forthcoming bond is now required to be returned. The
Endorsement clerk shall endorse on said bonds the date of their return:
OF oRidement from and after which time they shall have, as against the
obligors therein then living, the force of a judgment; but no
No execution to execution shall issue thereon, except that the said bonds
tohevetoree of Shall, at their maturity, if still unpaid, have, in all other
a teenie? respects, the force and effect of a forfeited forthcoming bond,
60: ° °
bond; proceed- and proceedings thereon shall be had upon the same notice
ings and in the same manner as heretofore provided by law in
reference to forfeited forthcoming bonds. Such of said bonds
When bonds to ag are made payable to the plaintiff may be paid to him or
po rcEe tiras- his assignee, or agent or attorney, or personal representative,
signs, &c whenever, in the presence of the clerk to whose office the
said bonds are returned, the amount so paid is endorsed by
the plaintif, his assignee, or his agent or attorney, or per-
To be credited sonal representative, as a credit on the process under which
on the process tho sale was made.” |
Commencement 2. This act shall be in force from its passage.