of twenty per centum is to be applied to the same purpose, otherwise it is to be equally divided among the creditors; but if there be a surplus from the purchase money, it must be paid back to the defendant, with interest, and the forfeiture of twenty per centum (a).

In cases of real property, the marshal executes a conveyance to the purchaser, which is good for such estate, trust, equity of redemption, and interest, as the defendant could have had or was entitled to; it must be duly recorded and acknowledged in the register's office (b). It is usually a conveyance by feoffment, without any covenants, although there is no objection to a conveyance by lease and release, or that it should be made to a trustee for the purposes of settlement or barring dower.

Personal property is transferred by the marshal's certificate, or by the sale only. If the provost-marshal should die, resign, or be removed from his office, after the sale of any property, and before a conveyance be executed, his successor is authorized to execute the deed, on sufficient proof of the purchase money having been duly paid (c).

In the case of any irregularity on the part of the marshal, after the time limited for the payment of the purchase money, the plaintiff may obtain a summons from a judge to the marshal, his deputy, or servants, under the same penalties as subpoenas, to appear before him on a day certain, to answer interrogatories (a) on oath, touching the receipt or payment of any purchase money, or in discharge of any execution. And if it appear there has been any neglect on the part of the marshal or his servants, the judge is required to make an order for the payment of such monies in six days; and in default thereof, an execution against the marshal, directed to the coroner, issues for the amount received and not paid over, or neglected to have been received, with twenty per centum on the same, and the costs of the proceedings. This writ may issue at any time of the year, and the coroner acts therein in all respects as the marshal, and the secretary enters the proceedings in the entry of the original cause (b); but the plaintiff may elect to proceed against the sureties of the marshal, if he prefer it. However, if the marshal appear, on examination, to have done his duty, he is to receive his

(a) App. No. XXXIX.

(b) Sect. 51.

costs, to be taxed by the judge; and in default of payment, he may have an execution for them (a). In practice, it is usual to serve the marshal with a copy of the interrogatories, and to receive his written answer without oath, and transfer the same to the judge, who will make an order, if the answer be satisfactory, or if not, direct a further answer.

(a) Sect. 52.

SECTION IX.

On entering Satisfaction, Allowance to Prisoners, and Scire Facias.

In consequence of the neglect of persons entering satisfaction on their executions, which is usually done by a short receipt at the foot of the execution in the marshal's books, at the time of the passing the court act(a), it was enacted, that all persons having executions open in the office, should, within twelve months, swear to the amount due, and lodge such certificate with the marshal; and, in case of neglect, the execution should be deemed satisfied. And when receipts have been given, and no entry made in the books of any payment being made, the Court of King's Bench, on due proof of such payment, may direct the secretary or marshal to cause the proper entry to be made (b). In conformity with the law of 1786, it was enacted in 1815, that persons who had obtained judgments or executions prior to 1794, should, within two years, lodge sworn certificates of

the amount due, which should be entered in the marshal's books; and, in default, the judgment or execution was postponed to all such as were duly certified. If the certificate was filed after the period allowed, the judgment took effect from the date of the filing such certificate (a). These enactments, however, are scarcely sufficient to prevent the evil intended, as it generally happens in cases of levy and sale, that some old and apparently unsatisfied execution is brought forward, to the great injury of the real creditor, and is productive of much trouble and expense in procuring the proper persons to enter satisfaction, which must be done before the subsequent executions can be paid, unless there are funds sufficient to pay all; in which case, the amount of the unclaimed executions remains in the hands of the marshal.

There is a striking difference between the colonial law on executions, and that of England. One writ embraces all kinds of property and the person, and it may be acted on after a return made; likewise, proceedings may be suspended and again commenced under the same writ, and persons taken in execution may be released by consent, or on terms, without extinguishing the debt. Defendants frequently (a) 2 V. p. 74.