THOMAS G. PRATT, ESQUIRE, GOVERNOR.

1845.

SEC. 3. And be it enacted, That in case of the sale of
any lands or tenements under and in virtue of any writ of
venditioni exponas as above mentioned, the constable who
shall have sold the same, shall execute to the purchaser
or purchasers thereof, a deed of conveyance therefor, and
such deed of conveyance being acknowledged and recor-
ded according to law, shall he as operative in law to eve-
ry intent, as if the constable in virtue of a writ of fieri
facias to him directed and delivered for that purpose,
had seized and taken such lands or tenements and expos-

CHAP. 379.

ed the same to sale as aforesaid; provided, that such
sale shall be confirmed by the county court as is now pro-
vided by law in cases of the sales of lands and tenements
by a constable.

Proviso.

SEC. 4. And be it enacted, That in case any constable
has sold or may hereafter sell under execution any lands
and tenements, and hath died or may die, without exe-
cuting a deed of conveyance to the purchaser or purcha-
sers thereof, it shall and may be lawful for the judges of
the county court in which the said lands lie, on applica-
tion by petition in writing, by the purchaser or purcha-
sers or their legal representatives, to appoint some per-
son to execute and deliver the deed to the said purcha-
ser or purchasers or their legal representatives, for the
lands or tenements so sold, and such deed of conveyance
being executed and acknowledged according to law,
shall be as operative in Jaw to every intent, as if the con-
stable who made or shall make such sale, had in his life

Judge of
county court
to give deed.

time executed the said deed of conveyance; provided, the
said sale shall be first confirmed by the county court, in
the manner now required by law.

Proviso.

SEC. 5. And be it enacted, That in case any constable
hath died or shall die, without having made sale of the
. goods or chattels, land or tenements, seized and taken
under and in virtue of any writ of fieri facias as afore-
said his executor or administrator shall not charge, exact
or receive, more than one-half of the poundage lees al-
lowed by law, and that the constable who shall make sale
of any goods and chattels, lands or tenements, under and
in virtue of any writ of venditioni exponas to him direct-
ed and delivered for that purpose, as herein before men-
tioned, shall not charge, exact or receive, more than one
half of the poundage fees as aforesaid.

Poundage fees
divided.

SEC. 6. And be it enacted, That in case any constable
has or may hereafter take into hands or possession any
goods or chattels, lands or tenements, under and in virtue of
any writ of fieri facias to him directed and delivered for that

Plaintiff to
obtain a new
writ.