Chap. 170.—An ACT to amend and re-enact section 39 of chapter 49 of
tho Code of 1873, as amended by an Act approved March 14th, 1874,
in reference to Sales under Judgments, Warrants or Decrees, for Debt:
contracted prior to April 10th, 1865.

Approved March 16, 1875.

1. Bo it enacted by the general assembly, That section
thirty-nine of chapter forty-nine of the Code of cighteen
hundred and seventy-three, as amended by an act approved
March fourteenth, sighteen hundred and seventy-four, be

amended and re-enacted so as to read as follows:

§ 39. Hereatter, and until the first day of April, eighteen
hundred and seventy-six, 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 hun-
dred and sixty-five, the sheriff or other officer making said
sale 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 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. Tho purchasers shall give
their said bonds payable to the plaintiff: provided, that for
uny excess of purchase money, over and above the claim of
said plaintiff, the said bonds shall be made payable to the
defendant. Whenever the property is sold under more tuan
one process, the bonds made payable to the respective plain-
tiffs shall be given according to their respective rights and
,priorities. All of the said ‘bonds when so taken shal] be re-
turned within twenty days after the day of sale by the offi-
cer making the sale, along with the execution or other pro-
cess under which tha 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 returns;
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 ther eon, except that the said bonds
shall at their maturity, if still unpaid, have in all other re-
spects the force and etfect of a forfeited forthcoming bond,
and proceedings thereon shall be had upon the same notice
an@ in the same manner as heretofore provided by* law in
reference’ to forfeited forthcoming bonds. Such of said
bonds as are made ; ;able to the plaintiff may be paid to
him or his assignee, or agent or attorney, or personal repre-
sentative, 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 ander:
which the sale was made.

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