Chap. 164.—An ACT to provide for the protection of purchasers at,
and other persons interested in, Judicial Sales.

Approved February 25, 1884.

1. Be it enacted by the general assembly of Virginia, That
no special commissioner appointed by a courtin adecree for the
sale or renting of land shall advertise for sale or renting, or
make sale or rent of such land, with power to collect the pur-
chase money therefor, until he or some one of the persons ap-

ointed to make the sale or renting, shall have first executed

ond before such court or the clerk thereof in vacation, with
personal security, to be approved by such court, or clerk, in
such penalty as the court shall fix, conditioned and payable as
prescribed by law; and no such special commissioner shall ad-
vertise the sale or rental of such land without first obtaining a
certificate from such clerk that the bond required by law, or
by the decree, has been executed, and appending such cer-
tificate or a copy thereof to the advertisement; and the clerk
of the court decreeing the sale or renting, shall make his cer-
tificate as to the execution of the bond as aforesaid whenever
such bond shall have been executed as hereinbefore required,
and shall note the same in the proceedings in the cause, and
shall receive therefor a fee of twenty-five cents, to be taxed
and paid in the costs of the. suit; and such certificate or a
copy thereof shall be returned with the report of sale or rent-
ing.

2. When such certificate as to the execution of the bond
thall have been published with an advertisement of the sale
or renting of land, or when such bond shall have been given
prior to a sale or renting of land not publicly advertised, any
person purchasing or renting such land in pursuance of such
advertisement, or in pursuance of the order or decree of sale
or renting, shall be relieved of all liability for the rent or pur-
chase-money or any part thereof which he may pay to any
special commissioner, as to whom proper certificate shall have
been appended to such advertisement or who may have
given the bond aforcsaid.

3. If any clerk shall make any such certificate as to the
execution of such bond falsely, he and his sureties shall be
liable upon his official bond to any person injured thereby ;
and if he shall issue the same knowing it to be false or not
knowing it to be true, he shall, in addition to such liability,
pay such fines as the court may impose, of not less than fifty
or more than five hundred dollars, and he shall by order of
the judge of the court, be removed from his office.

4. Such special commissioner, so collecting any purchase
or rent money, as aforesaid, shall report the same, and pro-
perly account for and disburse the amount so collected in
accordance with the order or decree of the court having
jurisdiction of the cause, and for his failure so to do, be and
his sureties shall be liable upon his bond aforesaid.
5. The commissioner, or commissioners, or other person or
persons appointed to make the sale or renting, shall receive
and collect all the purchase or rent money, unless by decree
of court, some other person shall be appointed to collect the
same, and in case of such appointment, the court shall require
of him or them, bond or bonds in such penalty as it shall see
fit. When such appointment is made, it shall be the duty of
the clerk to issue notice thereof to the purchaser or lessee, to
be served as other notices are served; but no payment shall
be made to such person so appointed, until he shall have
executed the bond required by the decree: provided however,
that if any payment is made to a special commissioner, or
other person appointed to make a sale or renting, before the
purchaser or lessee, notice of the appointment of another
person the said special commissioner, or other person who

made the sale or renting, and the sureties on bis bond, shall
be responsible for the money so paid, and the purchaser or
lesseo making payment, shall not be responsible therefor.
Should the clerk fail to perform the duties imposed upon him
by this section, he shall be liable to all the penalties imposed
by the third section of this act.

6. If any special commissioner or receiver appointed by
any court to collect money, who is required by law or decree
of the court to give bond before collect ting the same, shall
collect said money or any part thereof, without giving such
bond, and fail properly to account for the same, he shall be
deemed guilty of the larceny of the money 80 collected.

7. This act shall not apply to any case in which the adver-
tisement or decree of sale or renting has been made prior to
the passage of this act, but it shall otherwise be in force from
its passage.