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which he shall be entitled to receive twelve and a half 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 justice shall reside.
2. And be it enacted, That from and after the expiration of the
respective times assigned for the payment of the instalments so as
aforesaid to be confessed, and at any time within one year thereafter,
it shall and may be lawful for the plaintiff or plaintiffs, his or their
agent or attorney, to sue out execution on judgment so as aforesaid
confessed, or judgments so as aforesaid superseded, for such sum as
shall be then due. without suing out a scire facias, or being subject to
further delay against the body, or the goods or chattels, lands or
tenements, of the principal, his securities, or either or any of them,
any law to the contrary notwithstanding.
3. 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 courts of law exercising
equitable jurisdiction within this state, no sale shall take place
thereon on or before the. thirtieth day of November eighteen hun-
dred and twenty-one; Provided, that the mortgagor or mortgagors,
or those claiming under him, her or them, if of full age, or such
of them as are of full age, shall, if required, pay or give bond to
the mortgagee or mortgagees, his, her or their executors, adminis-
trators and assigns, with a security or securities, to be approved
of by the chancellor, one of the judges of the judicial district, or
justice of the orphans court of the county wherein the mortgaged
premises may be, for the payment of eighteen months 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 rase the said mortgaged property shall consist of
personal goods and chattels, then 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 forthcoming upon any further order of said court.
4. And be it enacted, That it shall not be lawful for any judge,
justice or justices, to take the recognizance or bond aforesaid,
without, the assent of the plaintiff or plaintiffs, or their attorney,
unless he shall be satisfied from his own knowledge, or by compe-
tent testimony, that the estate and property of the securities in the
recognizance are sufficient for the payment of the amount of the
debt, interest and costs, for which the recognizance shall be taken.
5. And be it enacted, That as often as any creditor, or the execu-
tors or administrators of any such creditor, shall conceive him 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 any judge of the judicial district, or justice
or justices as aforesaid, and if it shall appear to the said judge or
justices that the said application is well founded, he or they shall
issue a summons, directed to the sheriff or constable of the county
where the person or persons having confessed such judgment may
reside, requiring him, her or them, within a fixed reasonable time,
to be mentioned in such summons, to enter into another confession
of the same judgment, with other securities, to be approved of by
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CHAP. 162.
After times of pay-
ment of instal-
ments, &c plaintiff
may sue out execu-
tion
In case a decree
for foreclosure of
mortgage has been
obtained, no sale
to take place until
day aforesaid
Proviso
Bond not to be ta-
ken without assent
of plaintiff
Creditor conceiv-
ing himself in dan-
ger of suffering
from insufficiency
of security, may
apply to any judge
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