The Columbia Democrat. [volume] (Bloomsburg, Pa.) 1837-1850, 1849-04-28

| Ndlut VI lnIGB UuHuICu uOIdloj llOll lENy
and sale on execution, and distress fol
rent The law is an important one, and
will arrest the public attention. 1t was
introduced in the senate at an early period
of the session, by Mr.. Johnson, of Erie
who warmly urged its passage.
1t will be observed that the law does
not 90 into effect until the 4th of July next,
and applies only to debts contracted on
and after that date.
An Act to exempt property to the value of three
hundred dollars from levy and sale on execu-
ton, and distress for rent,
Sec. l. Be il enacted, &c. That in lieu Of
the property now exempt by law from levy and
sale on execution issued upon any judgment Oh,
taned upon contract, and distress for rent prop.
erty to the value Of three hundred dollars, ex.
elusive of all wearing apparel of the defendant
and his family, all bibles and school books in use
in the family, (Which shall remain exempted as
heretofore,) and no more, owned by or in pos
session of any debtor, shall be exempt from levy
or sale on execution or by distress for rent.
Sec g. That the sheriff constable, or other Of
icer charged with the execution Of any warrant
issued by competent authority, for the leyying
upon and selling the property, either real OF per-
Sonal, OF any debtor, shall, if requested by the
debtor, Summon three disinterested and compe.
tent persons, who shall be sworn or affirmed, 10
apprlse the property which. the said debtor may
elect to retain under the provisions of this act,
for which service the said appraisers shall bo en-
titled to receive fifty cents each, to be charged 40
part of the costs of the proceedings, and property
thus chosen and appraised, to the value of three
hundred dollars, shall be exempt from levy and
sale on the said execution or warrant, excepting
warrants for the collection Of taxes.
Sec. 3, That in any case where the property
levied upon as aforesaid shall consist OF real es
tate Of greater value than three hundred dollars,
and the defendant in such shall elect 10 retau
real estate amounting in value to the whole SUN
of three hundred dollars, or any less sum- the ap.
praisers aforesaid shall determine whether, in
their opinion, the said real estate can be divided
without injury to or spelling the whole, and if
the said appraisers shall determine that the said
real estate can be divided as aoTe said, then they
shall proceed to set apart so much thereof as ia
their opinion shall be sufficient 10 answer the
requirement of the defendant in such case, des.
ignating the same by proper metes and bounds,
all of which proceedings shall be certified in
writing by the said appraisers, or majority Of
them, under their proper hands and seals, to the
sheriff, r-sherf, or coroner, charged with
the execution oft writ in such case, who shall
make return oil the same to the proper court from
which the writ issued, in connection with the
said writ; Provided, That this section shall not
be construed TO affect or impair the lines Of
bonds, mortgages, or other contracts for the pur-
chase money Of the real estate of nSolyent deb.
tors.
Sec. 4. That upon return made Of the writ
aforesaid, with the proceedings thereon, the
plaintiff in the case shall be entitled to have his
writ of venditiOni eXponas as in other cases, 10
levy aforesaid, if the appraisers aforesaid shall
have determined upon division Of The said real
estate, but if the said appraisers shall determine
against division of said real estate, the plaintiff
may have writ of vendtioni cxponas 10 sell the
whole Of the real estate included in such levy,
and it shall and may be lawful in the latter case
for the defendant in the execution to receiveirom
the sheriff or other officer, of tie proceeds of said
sale so much as he would have received at the
appraised value had the said real estate been d.
vded.
Sec 5. That the twenty sixth section Of the
act, entitled can Act relating to executions" :"
passed sixteenth June, 1886, and the seventh
and eight sections Of an act, entitled can act in
regard to certain entries in lcdgers in the city Of
Pittsburg, and relating to the publishing Of shcr-
ifs sales, and for other purposes" passed the
twenty-second of April, 1919, and all other acts
inconsistent with this act, be and the same are
hereby repealed.
Sec. G. That the provisions Of this act shall
not taSo effect until the fourth day of July next,
and shall apply only to debts contracted on and
after that date.
WILLIAM F. PACKER,
Speaker Of The House of Representatives
GEORGElDARSlE,
SpCGfer of the Senate
Approved the ninth day of April one Thousand
eight hundred and forty nine
VIM. +. JOHNSTON