Chap. 120.—An ACT to Prevent the Sacrifice of Personal Property at
Forced Sales.

Approved May 28, 1870.

1. Be it enacted by the general assembly, That hereafter,
and until the first day of April, eighteen hundred and seventy-
two, in al] 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 attorney, at any time before the sale,
sell the said personal property upon a credit of twelve months,
except as to the costs and the expenses of sale, which may be
required in cash, taking from the purchasers bonds, with sufli-
cient surety, for the balance of the purchase money. The pur-
chasers shall give their said bonds, payable to the plaintiff:
provided, that for any excess of purchase money over and
above the claim of said plantiff, the said bonds shall be made
payable to the defendant. Whenever the property is sold un-
der more than one process, the bonds made payable to the re-
spective plaintiffs shall be given according to their respective
rights and priorities.

All of the said bonds, when so taken, shall be returned with-
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 returned. The clerk shall endorse on
said bonds the date of their return, from and after which time
they shall have, as against the obligors therein then living, the
force of a judgment, but no execution shall issue thereon, ex-
cept that the said bonds shall, at their maturity, 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 law in reference to forfeited forthcoming bonds. Such of
said bonds as are made payable to the plaintiff may be paid to
him or his assignee, or his agent or attorney, or personal rep-
resentative, whenever, in the presence of the clerk to whose
office the said bonds are returned, the amount so paid is en-
dorsed 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. If the surety upon any bond taken by the officer under
this act be insufficient at the time of taking the same,
then the said officer, together with the sureties on his official
bond, shall be liable to the obligee in the bond so taken by
him, or his assignee or personal representative, in the same
manner and tothe same’ extent as they are now liable by law
where insufficient surety is taken on a forthcoming bond.

3. Whenever a judgment shall be rendered upon any bond
taken under the preceding section, an execution may issue
thereon as now provided by law, as to executions upon forth-
coming bonds; and it shall be duty of the clerk to endorse
thereon “no security is to be taken,” and all sales of personal
property upon which such execution shall be levied, shall be
for cash and in accordance with the laws in force previous to
the passage of this act.

4. The provisions of section one of this act shall apply to
judgments and executions upon forthcoming bonds forfeited
before the passage of this act, in cases where the debt or
obligation sued on was contracted or incurred prior to the
tenth day of April, eighteen hundred and sixty-five; but where
the forthcoming bond, whenever given in such case, is here-
after forfeited and a judgment rendered thereon, said sale
shall be made on a credit of nine months.

5. No judgment shall hereafter be rendered upon a forfeited
forthcoming bond, in cases where the original debt or obliga-
tion sued on was incurred previous to the tenth day of April,
eighteen hundred and sixty-five, until after three months’ no-
tice to the Siigors therein.

6. The fees of sheriffs and other officers making sales and
taking the purchaser’s bonds under the provisions of this act,
shall be as follows: For making the sale and taking the pur-
chaser’s bonds, five per centum on the first three hundred dol-
lars, and two per centum on the balance of the sale money;
and upor executions on said bonds, the same commission as in
the case for a forfeited forthcoming bond; and in all other re-
spects the fees of said officers shall remain as now prescribed
by law.

"7 . This act shall be in force from its passage.