Chap. 262.—An ACT to amend and re-enact section 39, chapter 49,
Code of 1873, as amended by an act approved March 14, 1874, as
amended by an act approved March 16, 1875, as amended by an act
approved March 29, 1876, in reference to sales under judgments, war-
rants or decrees, for debts contracted prior to April 10, 1865.

Approved April 2, 1877.

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

§ 39. Hereafter and until the first day of April, eighteen
hundred and seventy-nine, 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 tothe 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-
mney, 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, whicb 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
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.
‘W benever 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, iu the same manner as a forthcoming bond is
now required to be returned. The clerk shall endorse upon
the 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, 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 here-
tofore provided by law in reference to forfeited forthcoming
bonds. Such of said bonds as are made payable to the plain-
tiff, may be paid to him or his assignee, or agent, or attor-
ney, 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. This act shall be in force from its passage.