Chap. 211.—An ACT to authorize the circuit and corporation courts
of this commonwealth to render judgments against receivers and
commissioners and purchasers at judicial sales, and their sureties in
certain cases. ,

Approved February 24, 1888.

1. Be it enacted by the general assembly of Virginia, That:
it shall be lawful for any circuit or corporation court of this.
commonwealth sitting as a court of chancery, or for the clerk
of any such court during the vacation thereof, at the instance
of any party in interest, to award a rule, or rules, against
any commissioner or receiver appointed by, or acting under,
and by virtue of any decree or order of such chancery courts,
and the surety or sureties of such commissioner or receiver,
or against a purchaser at a judicial salco under a decree or
order of such court and against the sureties of such pur-
chaser, returnable to such a day of a term of such court as
the said court may direct, to show cause why judgment shall
not be entered by said court for any amounts which, from the
proceeding in such chancery cause, may appear to be due, or
which the court may ascertain to be due from such receiver
or commissioners in said chancery cause: provided that the
said rule shall be executed at least thirty days before the re-
turn day thereof.

2. Upon the return of such rule thus executed upon any
of the parties thereto, the court, at any term, it neither party.
demands a jury, shall proceed to hear and determine all ques-
tions raised by such rule, and shall enter an order which shall
have the force and effect of a judgment against such receiver
and commissioner and purchaser, as the case may be, and
their several sureties, for the amount appearing to be due by
the said receiver, or commissioner, or purchaser, or such of
them’as may appear to have been summoned to answer such

a. J
rule, to the fund in such chancery cause; said judgment to be
in favor of the complainant in such chancery cause, or the
general or a special receiver of the court, but subject to the
control of the court in such chancery cause; if it shall appear
in such proceedings that such receiver, commissioner, pur-
chaser, or any of them, or surety, or any of them is dead, insane,
or has been convicted of felony, then such rule may be
awarded and judgment rendered jointly or severally against
such personal representatives or committee in the same pro-
ceeding.

3. If upon the return of such rules any party thereto de-
mands a trial by jury, then the court shall enter an order in
such chancery cause directing a trial by jury to ascertain
what liability, if any exist against such commissioner or re-
ceiver, or purchaser, and their sureties, and the court shall
enter judgment on the verdict awarded by the jury, except
that new trials may be granted as in other cases, and not-
withstanding such rules be awarded and judgment be ren-
dered against part only of the persons liable thereto, the
court may award new rules, and proceed to judgment against
all the said parties who are liable thereto at the same or any
subsequent term of the said court.

4. The provisions of this act shall apply to sheriffs, ser-
geants, and other officers and their sureties acting under any
decree or order of any such chancery court.

5. Every judgment, decree, or order for the payment of
money rendered in any proceeding under this act, shall, as to
the lien thereof, have such effect as judgments and decrees
for money in other cases.

6. That whenever in any case a purchaser at a judicial
sale, commissioner or general or special receiver, or his per-
sonal representatives, can be proceeded against by rule for
the recovery of money, in such case, the sureties of such pur-
chaser, commissioner, or receiver, and the personal represen-
tatives of the said sureties may also be proceeded against in
the same manner for the like purpose.

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