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DEC. SESS.
1814.
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consist of personal goods and chattels, that a bond shall
likewise be given, with security to be approved of as
aforesaid, in the penal sum of twice the amount of the
mortgaged debt, conditioned that such property shall not
be wasted or concealed, but that the same shall be forth-
coming upon any further order of said court.
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Sureties not
being deemed
good— remedy.
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6. AND BE IT ENACTED, That as often as any
creditor, or the executors or administrators of any such
creditor, shall conceive himself or herself in danger of
suffering from the insufficiency of any security so as
aforesaid to be taken by virtue of and under this act, he,
she or they may apply to the judge, justices or justice
(as the case may be) before whom the said confession
was made, or in case of the death, removal, resignation,
or disqualification of such judge, justices or justice, or
either of the said justices, then to any other judge of the
judicial district, or justices as aforesaid; and it it shall
appear to the said judge, justices or justice that the said
application is well founded, he or they shall issue a sum-
mons, directed to the sheriff or constable of the county
where the person or persons having confessed such judg-
ment may reside, requiring him, her or them, within a
fixed reasonable time to be mentioned in such summon,
to enter into another confession of the same judgment,
with other securities, to be approved of by said judge,
justices, or justice (as the case may be ;) and upon the
failure or neglect of such person or persons to comply
with the requisition in such summon contained, the said
judge, justices or justice (as the case may be,) upon
proof of the serving of such summon, or of its being
left at the last place of abode of the person or persons
on whom it should have been served, are hereby directed,
to deliver, upon the same being applied for, a statement
under his or their hands and seals, of the issuing of such
summon, and the failure of compliance therewith; upon
the delivery whereof to the clerk or register of the court
where such confession of judgment was returned , or to a
justice of the peace of the county, where such judgment
was superseded, the plaintiff or plaintiffs in the original
judgment his or their executors or administrators, may
have and use the same proceedings thereon which might
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Proviso.
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or could have been had if this act had never passed; Pro-
tided always, that if after the expiration of the time men-
tioned in the said summon, a confession of judgment as
therein required shall be entered into, and a certificate
thereof obtained, such certificate shall have the same
force and operation as it would have bad under this act if
no antecedent confession of judgment had ever been
made; and the said confession or judgment shall be retur-
ned and recorded in the same manner, and under the
same penalties, as are herein before prescribed.
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