LEVIN WINDER ESQ. GOVERNOR.

97

or chattels, lands or tenements so taken in execution,
were not sold before the said certificate was delivered to
the sheriff, coroner or constable, (as the case may be,)
3. AND BE IT ENACTED, That the judge, or jus-
rices (as the case may be) before whom any judgment shall
be confessed as aforesaid, shall within sixty days thereaf-
ter, under the penalty of ten dollars for every neglect,
and a further sum of three dollars tor every day that he
shall continue such neglect after the expiration of the said
sixty days, return the same to the clerk or register, (as
the case may be) of the respective courts where the said
judgment or decree was obtained, there to be recorded ;
and ill case the confession of judgment under this act be
on a judgment affirmed in the court of appeals of either
shore it shall be returned to the court of the county where
the said judgment was originally obtained, upon which
process of execution may be issued by the clerk of such
court, returnable to the same, as upon other judgments
rendered therein; for which recording such clerk or regis-
ter shall receive as a fee eight cents; which said penalty
may be recovered by any person who shall sue for the
same, by action of debt, or bill of indictment, in the
county court of the county where the judge or justices

DEC SESS.
1814.

Return of
judgments—
penalty.

4. AND BE IT ENACTED, That from and after the
thirty first day of January eighteen hundred and sixteen
and at any time within one year thereafter it shall and
may be lawful for the plaintiff or plaintiffs, to sue out
execution on judgment so as aforesaid confessed, or
judgment so as aforesaid superseded, without suing out
a scire facias, or being subject to further delay against
the principal, his securities, or either of them, any law to
the contrary notwithstanding.

Plaintiffs may
sue out exe-
cutions.

5. AND BE IT ENACTED, That in any case in
which a decree for foreclosure and sale of mortgaged
property has been or shall be obtained, in any court of
equity, or court of law exercising equitable jurisdiction
within this state, no sale shall take place before the thirty

Decrees of
foreclosure &
sales.

first day of January eighteen hundred and sixteen; Pro-
vided, that the mortgagor or mortgagors, or those claim-
ing under him, her or them, if of full age, or such of
them as are of full age, shall annually, if required, pay
or give bond to the mortgagee or mortgagees, his, her dc
their executors, administrators and assigns, with a securi-
ty or securities, to be approved of by the chancellor, one
of the judges of the judicial district, or two justices of
peace of the county wherein, the mortgaged premises
may be, for one year's interest on the amount of the
claim secured by such mortgage, which said interest
shall nevertheless continue a lien upon said mortgaged
property. And in case the said mortgaged property shall
13

Proviso.