LEVIN WINDER, ESQ. GOVERNOR.

17

2. AND BE IT ENACTED, That from and after
the end of the next session of the general assembly,
and at any time within one year thereafter, it shall and
may be lawful for the plaintiff or plaintiffs to sue out
execution on judgments 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judgment so as aforesaid superseded, without suing out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.

MAY SESS.
1813.

Judgments
confessed,

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 jurisdic-
tion, within this state, no sale shall take place before
the end of the next session of the general assembly
of this state: Provided, That the mortgagor or mort-
gagers, or those claiming 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 mortga-
gee or mortgagees, his, her or their executors, admin-
istrators and assigns, with a security or securities, to be
approved of by the chancellor, one of the judges of the
judicial district, or two justices of the 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, neverthe-
less, continue a lien upon said mortgaged property;
and in case the said mortgaged property shall consist
of personal goods and Chattels, that a bond shall like-
wise be given, with security to be approved of as a-
foresaid, 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

Foreclosure &
sale of mortga-
ged property,

4. 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 dan-
ger 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 or justices
before whom the said confession was made, or in case
of the death, removal, resignation or disqualification
of such judge or justices, or either of the said justices,
then to any other judge of the judicial district, or jus-
tices 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
3

Insufficiency
of security—
creditors' rem-
edy,