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be first levied and satisfied; and where several such executions are delivered to the officer at the same time, they shall be satisfied ratably. (Code 1916, c. 140.)

§ 19. Same: return; payment of proceeds.—Upon a writ of fieri facias, the officer shall return whether the money therein mentioned is or can not be made; or if there be only part thereof which is or can not be made, he shall return the amount of such part. With every execution under which money is recovered he shall return a statement of the amount received, including his fees and other charges; and such amount, except the said fees and charges, he shall pay to the person entitled, or to his agent or attorney. (Code 1916, c. 140.)

§ 20. Same: re-sale on non-compliance with purchase.—If at any sale by an officer, the purchaser shall not comply with the terms of sale, the officer may sell the property, either forthwith or under a new advertisement, or return that the property was not sold for want of bidders. If, on a re-sale, the property be sold for less than it sold for before, the first purchaser shall be liable for the difference to the creditor, so far as is required to satisfy him, and to the debtor for the balance. This section shall not prevent the creditor from proceeding as he might have done if it had not been enacted. (Code 1916, c. 140.)

$ 21. Venditioni exponas.—When it appears by the return on an execution, that property taken to satisfy it remains unsold, a writ of venditioni exponas may issue; whereupon the like proceeding shall be had as might have been had on the first execution, except that if it issue upon a return of no sale for want of bidders, or of a sufficient bid, the notice shall state the fact, and that the sale will be made peremptorily. If an officer, taking property under execution, die before the sale thereof, and there be no deputies (of such officer) acting in the case, upon a suggestion of the fact, a writ of venditioni exponas may be directed to such sheriff or other officer of the county wherein the property was taken, as may be in office at the time the writ issues. Whereupon the representatives of the officer so dying shall deliver the property to the officer to whom the writ is directed. If they fail so to do, on his producing the said writ, and executing a receipt for the property to them, or if, after three months from the death of such officer, he have no personal representative, upon a return of the fact, execution may be issued, by virtue of which such sheriff or other officer of the county, may seize the said property. An officer seizing or receiving property under this section, shall sell it and account therefor as if the levy on it had been by himself. (Code 1916, c. 140.)

$ 22. Payment to debtor of surplus, or of sum received before stay of injunction or appeal.—Where an officer has received money under execution, if any surplus remain in his hands after satisfying the execution, such surplus shall be repaid to the debtor; and if the debtor or his personal representative obtain an injunction or appeal staying an execution in whole or in part, before money received under it, or any part of it, is paid over to the creditor, the officer shall repay such debtor the money so received and not so paid over, or so much thereof as the injunction or appeal may extend to, unless otherwise directed by law, or the order of the court. (Code 1916, c. 140.)

§ 23. Payment by officer, under execution, to be made within county.--No officer receiving money under execution, when the person to whom it is payable resides in a different county from that in which the officer resides, shall be liable to have any judgment rendered against him or his sureties for the non-payment thereof, until a demand of payment be made of such officer in his county by such creditor, or his attorney-at-law, or some person having a written order from the creditor. (Code 1916, c. 140.)

$ 24. Successive executions.—Subject to the limitations prescribed by law, a party obtaining an execution, may sue out other executions at his own costs, though the return day of a former execution has not arrived; and may sue out other executions at the defendant's costs, where on a former execution there is a return by which it appears that the writ has not been executed, or that it or any part of the amount thereof is not levied, or that property levied on has been discharged by legal process, which does not prevent a new execution on the judgment. In no case shall there be more than one satisfaction for the same money or thing. (Code 1916, c. 140.)

$ 25. Quashing execution. A motion to quash an execution may, after reasonable notice to the adverse party, be heard and decided by the court whose clerk issued the execution, or if in a circuit court, by the judge thereof in vacation; and such court or judge may, without such notice, make an order staying proceedings on the execution until such motion can be heard and determined. A copy of the order so made must be served upon the officer in whose hands the execution is. (Code 1916, c. 140.)

§ 26. Lien of execution on personal property; execution docket; termination of lien.-Every writ of fieri facias shall, in addition to the effect which it has under chapter one hundred and forty of the Code, be a lien, from the time it is delivered to the sheriff or other officer to be executed, upon all the personal estate of which the judgment debtor is possessed, or to which he is entitled, and upon all which he may acquire on or before the return day thereof, although not levied on nor capable of being levied on under that chapter, except in the case of a husband or parent, such estate as may have been listed and set apart as exempt from distress and levy under the provisions of law, and except that as against an assignee of such estate, for valuable consideration, or a person making a payment to a judgment debtor, the lien,. by virtue of this section shall be valid only from the time that he has notice thereof, and as to all property upon which a lien is hereby given, the said lien shall continue after the return day of the execution. But a purchaser of such property, for value and without notice, after the return day of the execution, shall not be affected by the lien acquired under chapter one hundred and forty, or under this chapter, unless the execution be docketed as hereinafter provided, and if docketed, it shall be an abiding and continuing lien as against such purchaser upon the property owned by the judgment debtor, in the county at the time the execution was placed in the hands of the sheriff or other officer, or acquired by him on or before the return day thereof, from the time it was docketed, and shall have preference over such purchaser. The clerk of the county court of every county shall keep in his office in a well bound book, an execution docket in which he shall docket without delay, any execution in this State, when he shall be required so to do by any person interested, on such person delivering to him an authenticated abstract of it, for which he shall be entitled to the same fee as for docketing a judgment. In such abstract and docket there shall be stated in separate columns: 1. The full name of the plaintiff or plaintiffs, and of the defendant or defendants, and if the defendants are sued as partners, the name of the partnership. 2. The amount of execution. 3. The date of the execution. 4. The day and hour when received by the sheriff or other officer. 5. When returnable. 6. The date of docketing. This section shall not impair a lien acquired by an execution creditor under chapter one hundred and forty of the Code. The lien acquired under the preceding section shall cease whenever the right of the judgment creditor to levy the writ of fieri facias, under which the said lien arises, or to levy a new execution on his judgment, ceases or is suspended by a forthcoming bond being given and forfeited, or by an appeal or otherwise. (Code 1916, c. 141.)

$ 27. Release of liens: manner and requisites of release.—Any person entitled to the benefit of any lien on any estate real or personal, or to the money secured thereby, whether the lien was created by conveyance, judgment, decree, lis pendens, notice of attachment or otherwise, may release such lien by a writing signed by him and acknowledged before a clerk of a county court, or other person authorized to take acknowledgments of deeds, and admitted to record, in the proper county. Such writing shall be known as a release and shall be deemed sufficient, if it describe the lien to be released by any words that will identify and show an intent to discharge the same. Nothing in this chapter contained shall be construed to authorize the discharge of any lien contrary to the provisions of the instrument under which the lienor claims, or to impair or affect the validity of any deed of release, or other writing discharging any lien in this chapter mentioned, either heretofore or hereafter created or made. (Code 1916, c. 76.),

$ 28. Same: forms of releases and acknowledgments.—Releases and their acknowledgments may be in form or effect as follows:

I. In case of a mortgage or deed of trust: “I, AB-S , hereby release a mortgage (or deed of trust) made by C- -D to me (or to E- F , my trustee, or

--, and assigned to me) dated the day of – 19—, recorded in the office of the clerk of the county court of

- county, West Virginia, in deed book page (to be signed) A- B- Acknowledged before the

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subscriber, this —- day of — ; (to be signed) G-H- justice, (or clerk of the county court, notary public, etc., as the case may be.)”

II. In case of a lien for purchase money, reserved' by conveyance: “I, A- B- , hereby release the right reserved to me in a conveyance executed by me (or myself and wife) to C D

, dated the — day of — , etc., (as in the preceding form.)”

III. In case of a judgment or decree: “I, A— Bhereby release a judgment (or decree) in my favor, (or in favor of I K — , which has been assigned to me; or in favor of I K -- for my use) against C D- , for (stating the amount) with interest and cost, rendered by (stating the court by which, or the justice by whom it was rendered, and the term or date at which it was rendered, to be signed and acknowledged as above.) ”

Provided, That if any such lien shall have been assigned, when the same is released, the assignee thereof shall unite with the assignor in the release. (Acts 1917, c. 49.)

§ 29. Same: disability of lien-holder.—In case of the death, insanity, or infancy of the person entitled to the lien, the release may be signed and acknowledged by the personal representative, committee, or guardian of such person, as the case may be. (Code 1916, c. 76.)

§ 30. Same: recordation.—When the release has been so signed and acknowledged, it may be presented for record to the clerk in whose office the lien thereby intended to be released, is recorded or docketed, and from and after the time the same is so left for record (which time the clerk shall endorse thereon) the said lien shall be discharged and extinguished, and the estate, of whatever kind, bound or affected thereby, shall be deemed to be vested in the former owner or those claiming under him, as if such lien had never existed. The clerk of the county court shall record and properly index all releases under this chapter, and deeds of release admitted to record in his office, in a wellbound book to be kept exclusively for the purpose, and when any release or deed of release is recorded, he shall note the fact on the margin of the record or docket of the lien discharged

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