Chap. 220.—An ACT to amend and re-enact section thirty-nine of chap-
ter forty-nine of the Code of eighteen hundred and seventy-three, as
amended by an Act approved March fourteenth, eighteen hundred and
seventy-four, and by an Act approved March sixteenth, eighteen hun-
dred and seventy-five, in reference to Sales under Judgments, War-
rants or Decrees, for Debts Contracted prior to April tenth, cighteen
hundred and sixty-five.

Approved March 29, 1876.

1. Be it enacted by the general assembly, That section
thirty-nine of chapter forty-nine of the Code of sighteen
hundred and seventy-three, as amended by an act approved
March fourteenth, eighteen hundred and seventy-four, and
by an act approved March sixteenth, eighteen hundred and
seventy-five, be amended and re-enacted so as to read as fol-
lows:

§ 39. Hereafter, and until the first day of April, eighteen
hundred and seventy-seven, in all cases of sales of personal
property levied on under judgments, warrants or decrees,
upon obligations, liabilities or debts which were contracted
or incurred prior to the tenth day of April, eighteen hundred
and sixty-five, the sheriff or other officer making said sales
shall, when.so required by the defendant, his agent or attor-
ney, at any time before the sale, sell the said personal pro-
perty upon a credit of twelve months, except as to costs and
expenses of sale, which may be required in cash, taking from
the purchasers bonds with sufficient security for the balance
of the purchase money. The purchasers shall give their said
bonds payable to the plaintiff: provided, that for any excess
of purchase money, over and above the claim of said plain-
tiff, the said bonds shall be made payable to the defendant.
Whenever the property is sold under more than one process,
the bonds made payable to the respective plaintiffs shall be
given according to their respective rights and priorities. All
of said bonds, when so taken, shall be returned in 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 same manner as a forthcoming bond is
now required to be yeturned. The clerk shall endorse upon
said bonds the date of their return, from and after which
time they shall have as against the obligors therein then liv-
ing, the force of a judgment; but no execution shall issue
thereon, except the said bonds shall, at their maturing, if still
unpaid, have in all other respects the force and effect of a
forfeited forthcoming bond. And proceedings thereon shall
be had upon the same notice, and in the same manner, as
heretofore provided by Jaw in reference to forfeited forthcom-
ing bonds. Such of said bends as are made payable to the
plaintiff, may be paid to him or his assignee, or agent or at-
torney, or personal representative, whenever in the presence
of the clerk to whose office the said bonds are returned, the
amount so paid is endorsed by the plaintiff, his assignee, or
his agent or attorney, or personal representative, as a credit
on the process under which the sale was made.

2. his act shall be in force from its passage.