ART. 75.] PLEADINGS, PRACTICE AND PROCESS. 531

due to the plaintiff—and upon such finding judgment shall be
entered by the court for the penalty, to be released upon pay-
ment of the sum of money so found to be due, and interest on
the same till paid and costs of suit; and the sum really due as

aforesaid, or in any other manner ascertained, upon bonds and
other instruments of writing, with penalty, shall be considered
in law as the true debt, and shall be so pleaded by and allowed
to administrators and others.

64. Whenever any lands or tenements shall be sold by any
sheriff, coroner, or elisor, by virtue of any process of execution
from any court of this State, and the debtor named in such ex-
ecution, or any other person holding under said debtor by
title subsequent to the date of the judgment or decree, shall
be in actual possession of the lands or tenements so sold, and
shall fail or refuse to deliver possession of the same to the pur-
chaser thereof, the court to which the said process is returnable,
on the application of the purchaser, his agent or attorney, may,
unless good cause to the contrary be shown by the debtor, his
agent or attorney, or other person concerned within the first
four days of the term next succeeding that to which such process
was returnable, issue a writ in the nature of a writ of habere
facias possessionem, reciting therein the proceedings which may
have been had on said process, thereby commanding the said
sheriff, coroner, or elisor, to deliver possession of the said lands
or tenements to the purchaser thereof.

65. The said sheriff, coroner, or elisor, shall have all the
powers in the execution of said writ that he may have in the
execution of any writ of habere facias possessionem, to him
directed.

66. If the said sheriff, coroner, or elisor, shall die, resign, or
be removed from or disqualified for office, or have his authority
otherwise terminated after such sale, and before the writ in the
nature of a writ of habere facias possessionem shall have been
issued and executed, the court shall issue said writ to any suc-
ceeding sheriff, coroner, or elisor; and if any such officer, to
whom said writ is directed, or who is charged with, or on whom
may devolve the execution of such writ, shall die, resign, be
removed from or disqualified for office, or have his authority
otherwise terminated before such writ shall be finally executed