Scott v. Hornsby
Court of Appeals of Virginia
In this case, the Sheriff who took the forthcoming bond, included his commissions on the debt. The plaintiff released the commissions prior to the judgment. The original execution issued, and tbe Sheriff took the bond for the sum of 1,342/. 16s. sterling, and 4/. 5s. 10iZ. currency, conditioned for payment of 670/. 8s. sterling, and 2Z. 2s. 11
1Opinion of the Court
ROANE, Judge.
The act of 1793, p. 309, i?. C. concerning forthcoming bonds, is silent as to the penalty in which those bonds are to be taken. Indeed it is the universal practice to take them in double the sum contained in the execution ; but as the law is silent as to this, it will not vitiate a bond voluntarily given, having through mistake or misapprehension of the law,* a greater or lesser sum in the penalty.
The condition of the bond, in the present case, is com formable to the law ; as it is to have the property ready at the time and place of sale. But the same act requires that the bond…
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