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Rule 646. Forfeited Delivery Bond


In case of the nondelivery of the property according to the terms of the delivery bond, and nonpayment of the value thereof, the officer shall forthwith indorse the bond "Forfeited" and return the same to the clerk of the court or the justice of the peace from which the execution issued; whereupon, if the judgment remain unsatisfied in whole or in part, the clerk or justice shall issue execution against the principal debtor and the sureties on the bond for the amount due, not exceeding the stipulated value of the property, upon which execution no delivery bond shall be taken, which instruction shall be indorsed by the clerk or justice on the execution.

Source: Art. 3803, with minor textual change.

For context only: Art. 3804. Sale of Real Property. Real property taken by virtue of any execution shall be sold at public auction, at the courthouse door of the county, on the first Tues­day of the month, between the hours of ten o'clock a. m. and four o'clock p. m.

For context only: Art. 3805. Sales Made Elsewhere. Where by law the public sales of lands in any county are directed to be made at any other place than the courthouse door, the sales herein provided to be made at the courthouse door shall be made at the place designated by such law.

For context only: Art. 3806. Sale of City Lots. If real property situated in any town or city, taken in execution, consists of several lots, tracts, or parcels, each shall be offered separately, unless the same be not susceptible of a separate sale by reason of the character of the improvement thereon.

For context only: Art. 3807. Sale of Rural Property. When lands not situated in any town or city or taken in execution, the defendant in such writ in whom the legal or equitable title to such land may be vested, shall have the right to present to the officer holding such execution, at any time before the sale so as not to delay the same being made as advertised, a plat of said land as actually surveyed, in lots of not less than fifty acres, by the county surveyor of the county wherein said premises are situated. The plat shall be accompanied by the field notes of each lot as numbered, with the certificate of the county surveyor that the same are correct, and the defendant shall have the right to designate the order in which the lots shall be sold. When a sufficient number of such lots are sold to satisfy the amount due on the execution, the sale shall cease. All of the expenses attending the survey and sale of said land in lots shall be paid by the defendant and shall in no case constitute any additional cost in the case.

Oct. 29, 1940, eff. Sept. 1, 1941.