GEORGE HOWARD, ESQ. GOVERNOR.

1831.

vious to the day of sale, in some newspaper, Provided, there

CHAP 290.

be any printed in the county where such sale may be made.

Sec. 2. And be it enacted, That it shall and may be law-

Right and title

ful for any constable or sheriff, by virtue of any fieri facias

to either real or
personal property

or venditioni exponas as aforesaid, on any judgment render-

may be told by
constable or therm

ed by a justice of the peace, to seize and sell the right, title,

to satisfy judg-
ments.

claim, interest, and estate, at law, and in equity, of the par-

ty or parties against whose property said execution shall

have issued, to, and in, and out, of any lands or tenements,

and real estate, within the county in which such execution

shall issue; and that said constable or sheriff, shall make re-

turn of said fieri facias or venditioni exponas, and all his pro-

Return of tale and
proceedings to be

ceedings thereunder, in and about said sale, therein setting

made to the ma-

forth the terms and length of notice, and manner, and times,

gistiate.

and places of publication, or giving notice of the said sale,

to the justice of the peace authorised to receive the return

of such fieri facias or venditioni exponas; and all said return,

together with the warrant, and the proceedings of said ma-

gistrate thereunder, and the said fieri facias or venditioni

exponas, shall, by the justice of the peace who shall receive

such return, be iorthwith delivered to the clerk of the county

Who shall return

court of the county aforesaid, to be by said clerk recorded

the same to the
county clerk.

as sales under execution on judgments of county courts are,

or shall be required to be recorded; for which recording said

To be recorded.

clerk shall be paid at, and after the rates, and in manner, as

Clerks fee.

he is now entitled to be paid for .recording sales as afore-

said, and a copy of such record, certified by the said clerk,

under the seal of said court, shall be evidence of the matters

Copy made evi

therein set forth, in all courts of law or equity in this State.

dence.

Sec. 3. And be it enacted, That said sale, as to any land,

Such sale as to

tenements, or real estate, or interest, or estate, in, of, rela-

leal estate, of no
effect until con-

ting to, or growing out of, any lands, tenements, or real es-

firmation by the

tate, shall have no effect to pass or give any right or title,

county court

or interest, whatsoever, to the purchaser or purchasers, un-

til such sale, after the delivery of the proceedings aforesaid

to the clerk aforesaid, shall, by the county court aforesaid,

have been, on motion and notice given, as said court shall,

as to mode and parties, direct, be finally ratified and con-

firmed; and the said county court, under said notice, shall

be authorised to examine into any allegations of fraud, or

Court directed to
examine into

surprise; as to the obtaining or rendering the judgment, un-

der which such sale shall have been made; and if said court

shall deem the judgment aforesaid to have been obtained or

had by fraud or surprise, it shall vacate and annul the same,

May annul the

and the sale aforesaid, without prejudice to the right of fur-

sale.

(her proceeding on the original cause of action; and if said

court shall deem said sale to have been made unfairly, with-