J may be awarded without judgment, may proceed against their principals. How they may proceed against thofe who were bound with them as fe curities. courts of record within this commonwealth, against any perfon or perfons as fecurity or fecurities, his, her, or their heirs, executors, or adminiftrators, upon any bond, obligation, or recognizance upon which by the laws of this commonwealth execution can be fo awarded or iffued without judgment, and the amount of fuch bond, obligation, or recognizance, or any part thereof, or the debt or damages due by reafon thereof, or any part thereof, hath been paid or difcharged under the faid execution iffued thereon by fuch fecurity or fecurities, his, her, or their heirs, executors, or administrators, it fhall and may be lawful for fuch fecurity or fecurities, his, her, or their heirs, executors, or admi niftrators, to obtain judgment by motion against fuch principal obligor or obligors, recognizor or recognizors, his, her, or their heirs, executors, or adminítrators, in any court where fuch execution may have been awarded or iffued against fuch fecurity or fecurities, his, her, or their heirs, executors, or adminis -trators. II. AND be it further enacted, That where the faid principal obligor or obligors, recognizor or recognizors, have or hereafter shall become infolvent, and there have been, or fhall be two or more fecurities jointly bound with the faid principal obligor or obligors, recognizor or recognizors, in any fuch bond, obligation, or recognizance, and execution fhall be awarded or iffued thereon against one or more of fuch fecurities, and his or their legal reprefentatives, it fhall and may be lawful for the court in which fuch execution was awarded or iffued, upon motion of the party or parties, his or their legal reprefentatives, against whom execution hath been awarded or iffued as aforefaid, to award or iue execution against all and every of the obligors and recognizors, and legal reprefentatives, for their and each of their respective shares and proporti ons of the faid debt or damages due by reafon of the faid obligation or recognizance. Provided always, That no judgment fhall be obtained or execution awarded or illued by motion as aforesaid, unless the party or parties against whom the fame is prayed, fhall have ten days previous notice in writing thereof. III. ALL judgments entered, and executions awarded and iffued by virtue of this act, fhall be enforced under the like regulations with judgments unCommencement of this, der the act, intituled, "An act to empower fecurities to recover damages in a Executions on fuch judgments, how to be enforced. a&t. fummary way." IV. THIS act fhall commence and be in force, from and after the paffing thereof. CHAP. CLXXVI. An Act to continue and amend the Act, intituled, "An Act for further continuing and amending the Act, int tuled An Act for reducing into one, the feveral Acts concerning Executions, and for the relief of In jolvent Debtors."’* executions until the 1ft of Janua Tỷ, 1796. Juftices of any county may adminifter the oath to an infolvent debtor committed to the jail fuch county. [Paffed the 24th of December, 1794.] BE it enacted by the General Affembly of Virginia, That the act, intituled, "An act for further continuing and amending the act, intituled, An act for reducing into one the feveral Acts concerning executions, and for relief of In folvent Debtors," paffed in the year one thousand feven hundred and ninetythree, fhall be and the fame is hereby continued in force, until the first day of January, one thousand seven hundred and ninety-fix. I. AND be it further enacted, That if any perion fhall hereafter be taken or charged in execution in any fuit commenced or profecuted in any court of record within this commonwealth, it fhall be lawful for any judge or juftice of of the faid court, or of the court of that county or corporation, to whofe jail fuch perfon fhall be committed, by warrant under his hand and feal, to coinmand the jailor or keeper of the faid prifon, to bring before any two juftices of the county or corporation, to whose jail he may be committed, at the courthouse of fuch county or corporation, on a certain day to be appointed in fuch warrant, the body or bodies of fuch perfon or perfons fo in prifon as aforefaid, together with a lift of the feveral executions, with which he or she shall stand charged in the faid jail, which warrant fuch jailor is hereby required to obey, and reafonable notice thereof fhall be given to the party or parties, his or their executors, adminiftrators, or agents, at whofe fuit fuch perfon or perfons fhall be in execution; and the faid juftices fhall have full power to adminifter the oath hereto fore required by law to fuch prifoner or prifoners, and to releafe him or them in the manner and under the regalations and provifions prefcribed by the faid recited act. * Sez ch. 11. and acts of 1705, ch. 2. IN THE NINETEENTH YEAR OF THE COMMONWEALTH. 325 1794. III. And be it further enacted, That if any sheriff or other officer fhall fail Penalty on a fheriff to deliver to the creditor, his agent or attorney, or other legal reprefentative, failing to deliver a on demand, any bond taken for the forthcoming of property,+ or any twelve forthcoming or replemonths bond taken under the above recited act, or return the fame to the of- on demand, or to revy bond to the plaintiff fice from whence the execution iffued, within fixty days from the return day turn it within 60 days of the execution, fach fheriff or other officer, his executors or administrators, to the clerk's office. fhall be liable to the fame fine and penalty for every month of fuch failure, to be recovered in the fame manner by the party injured, as is directed by law against a fheriff failing to return an execution. IV. ON a fale under execution upon twelve months credit, where the amount of fuch fale fhall exceed the principal, intereft and cofts, if the fheriff or other officer fhall fail to take a twelve month's bond for fuch excefs as directed by the twenty-fixth fection of the above recited act, fuch fheriff or other officer fo failing, his executors or adminiftrators, fhall be liable to the debtor or his legal reprefentatives for the full amount of fuch excess, to be recovered in the fame manner as is directed by law against a sheriff failing to pay money received on an execution. against a fheriff failing Mode of proceeding to take a bond for the excefs, on a sale on 12 months credit, bonds. V. THE obligee or obligees, in a twelve month's replevy bond, fhall and Obligees and affignees may have the like remedy thereon, by fieri facias, against the executors or ad- remedy on replevy ministrators of a deceafed obligor or obligors, as fuch obligee or obligees may now have against the obligor or obligors themselves; and that every affignee or affignees, and the executors or adminiftrators of every affignee of fuch bond, fhall be entitled to the like remedy thereon, as by law is given to the executors or adminiftrators of the firft affignee thereof. VI. IF a replevy or forthcoming bond be at any time quafhed as faulty, the obligee or obligees in fuch bond, befides his or their remedy against the fheriff, may moreover have execution on his or their judgment, in the fame manner as if fuch replevy or forthcoming bond had never been taken. Plaintiff may fue ont new execution when a bond is quafhed. replevy or forthcoming .. VII. ALL perfons who have or fhall hereafter have any money or tobacco Writs of elegit and cadue on a twelve month's replevy bond, or bond taken for the excefs on a fale pias ad fatisfaciendum under execution upon twelve months credit, may at their eleftion after lodg. may be iffued on ree ing the fame in the clerk's office, with an affidavit as directed by law, profe- plevy bonds, &c. cute as well the writs of elegit and capias ad fatisfaciendum thereon, as the writ of fieri facias now given by law; on which writs of elegit and capias ad fatis faciendum, the fame rules and regulations fhall be obferved, as are by law ef tablished, when iffued on judgments. Provided, That if any perfon or perfons taken on any fuch capias ad fatisfaciendum, after twelve months replevy, fhall tender to the sheriff or other officer ferving the fame, flaves or other perfonal property, to the value of the debt and costs for which fuch execution has iffued, br may hereafter iffue, the sheriff or other officer shall not take any fecurity, ei-. ther to have the goods forthcoming at the day of fale, or for the payment of the money or tobacco at a future day, but fhall proceed to fell the fame, or fufficient thereof to raise the money or tobacco mentioned in the faid execution. VIII. IF any fheriff or other officer fhall fail to return any execution whatever or attachment for not performing a decree in chancery, to the office from whence the fame iffued, on or before the return day thereof, the executors or administrators of fuch fheriff or other officer, as well as the fecurities of fuch Sheriff or other officer, and the executors or adminiftrators of fuch fecurities, ihall be liable to like fine and penalty, recoverable in the fame manner as by law is directed against a sheriff himself failing to return an execution. IX. NO fheriff or other officer fhall return any execution or attachment for not performing a decree in chancery to the office from whence the fame iffued, without noting thereon how he hath executed the fame, unless by the exprefs directions in writing of the plaintiff, his agent or attorney; and if any sheriff or other officer having no fuch directions, thall return any fuch execution or attachment to the office from whence the fame iffued, without noting or endorfing thereon how he hath executed the fame, fuch fheriff or other officer, and his fecurities, and the executors or adminiftrators of all and every of them, fhall in every fuch cafe be liable to the like fine, and recoverable in the fame manner as is directed by law against a sheriff failing to return an exe, cution. Remedy against executors and fecurities of a fheriff failing to re turn an execution, &c. in due time. No execution to be redorfement thereon, how it hath been executed. turned without an in. X. WHEN any theriff or other officer fhall provide fuftenance for the fup- Allowance to fheriff port of flaves, horles, or other live stock, by virtue of the twentieth fection of for support of flaves & † Cafe of forthcoming bonds altered from law of 1793, ch. 151; live ftock taken in exe. the above recited act, the faid theriff or other officer in lieu of the mode there"cution. Sheriffs to include their commiffions in forthcoming and replevy bende. Fiues and penalties on executors of fheriffs, to affect only the affets in their hands. Part of the 38th fect. of the act of 1793, repealed. Commencement & duration of this act. by provided for obtaining compenfation therefor, fhall be allowed per day for each flave fifteen cents; for each horfe or mule twelve cents; and for each head of horned cattle five cents; which allowance the faid heriff or other officer fhall charge to the plaintiff, to be collected in fame manner as commiffions arifing on executions, and fhall be paid by the defendant to the plaintiff, to be taxed in the bill of cofts by the faid fheriff or other officer. XI. AND be it further enacted, That every sheriff or coroner (as the cafe may be) shall be allowed for taking every bond to the creditor fixty-two cents, and no more; and that every sheriff or coroner may include his commiffions in forthcoming and replevy bonds taken on any writ of execution; but he shall not demand or receive fuch commiflions on forthcoming bonds, unless the fame shall be forfeited. XII. PROVIDED always, That where any fine or penalty is inflicted on the executors or adminiftrators of any sheriff by this or the above recited act, the fame shall be confidered to affect only the aflets in their hands as executors or administrators. XIII. SO much of the thirty-eighth fection of the faid recited act as is contrary hereto, shall be, and the fame is hereby repealed. XIV. THIS act shall commence and be in force, from and after the thirtyfirst day of December, one thousand feven hundred and ninety-four, until the first day of January, one thousand seven hundred and ninety-fix. Pilots carried to fea, to I. Pilots hereafter obtain- xhis ftaté. Allowance to pilots for each day they attend weffel at the mafter's tequeft. Rates of pilotage for hips of war. One fourth added to a CHAP. CLXXVIIS An Act to amend the Act for regulating Pilots, and afcertaining their Fees. [Paffed the 24th of December, 1794-] E it enacted by the General Affembly, That every mafter of a vessel, car Brying a to fea, to pilot the fame wages as mate of fuch veffel receives. II. EVERY pilot hereafter applying for a branch, shall, previous to obtaining the fame, enter into bond, with fuch fecurity as the commissioners may approve, in the fum of eight hundred dollars. III, NO pilot refiding in another ftate shall be allowed to act as a pilot in any boat belonging to this ftate; and if any fuch perfon shall prefume to a, be shall be liable to the fame penalty for each offence as is impofed by law on fuch as violate the terms of their branch and respective class, to be recovered in like manner. IV. EVERY pilot being requested by the owner or mafter of a vefiel, and attending the fame with his boat, shall be allowed and paid the fum of five dol lars for each day he shall attend. V. EVERY pilot taking charge of any ships of war, shall receive the fol lowing prices in lieu of the pilotage heretofore allowed, that is to fay: For all ships of war above fifry guns, from Cape Henry to Hampton Road, fixteen dollars; for all ships under fifty and above twenty guns, twelve dollars; from Cape Henry to York town for ali ships above fifty guns, twenty dollars; for all ships under fifty guns and above twenty guns, fifteen dollars; from Cape Henry to any river on Mockjack bay, twenty dollars; from the Cape to Smith's point on South Patowmar, forty dollars, and the fame back again. VI. EVERY pilot shall be allowed and paid for the pilotage of any veffe! the pilotage of certain above feventy tons, and coming from fea, one fourth in addition to the fuma veffels, Repealing claufe. Exception as to vessels going from the Capes up Patowmac. Commencement of this AA. allowed by law. VII. SO much of any act or acts as comes within the purview of this act, is hereby repealed. VIII. PROVIDED, That nothing herein expreffed shall affect the rate of pilotage as eftablished by law from the Capes to the different places up the Patorumac river, which shall remain as estimated in the law paffed in one thousand feven hundred and ninety-two. IX. THIS act shall commence and be in force, from and after the first day of March next. See als of 1795, cb. 19. |