Jeffersonian Republican. [volume] (Stroudsburg, Pa.) 1840-1853, 1849-04-26
The Exemption Law.

The following is The act recently passed by
the Legislature, to exempt three hundred dol
lars worth Of personal property from sales OF
execution or distress for rent -
An Act TO exempt property TO the value oi
three hundred dollars from levy and sales on
execution, and dis,res for rent
| Sec. /. Be it enacted by the Senate and
House Of Representatives Of the Commonwealth
of Pennsylvania, in General Assembly met, and
il is hereby enacted by the authority OF the
same, That in lieu of the property now ex-
empt by law from levy and sale on execution
issued upon any judgment obtained bpon can.
tract and distress for rent, properly to the val
ue Of three hundred dollars, exclusive of all
wearing apparel of the defendant and his fam
| ily, and all Bibles and school books in use in
the family, (which shall remain exempted as
herelofore,) and no more, owned by or IN pos
| session o: any debtor, shall be exempt from
levy and sale on execution or by distress for
rent.
Sec. 2. That the sheriff, constable, o. othef
Offices charged with the execution of any war
rant issued by compe,en, authority, for the lev
ying upon and selling the property, either real
or personal, of any debtor, shall, if requested
by the debtor, summon three disnteresled and
firmed, TO appraise the property which he said
debtor may elect 10 retain under the provisions
of this act, for which service the said appras-
| ers shall be entitled 10 receive fifty cents each,
TO be charged as par; of the COSTS Of the pro-
ceedings, and properly thus chosen and ap-
praised, TO the value of three hundred dollars,
shall be exempt from levy and sale on the said
execution or warrant, excepting warrants for
the collector Of taxes.
Sec. 3. Tha, in any case where the prop
ery evyed upon as aforesaid, shall consist Of
real estate of greater value than three hundred
dollars, and the defendant in such shall elec,
10 retain real estate amounting in value 10 the
whole sum of three hundred dollars, or any less
sum, the appraisers 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 deter
mine that the said real estate can be divided
as aforesaid. then they shall proceed TO SCI,
apart SO much thereof as in their opinion shall
be sufficien, to answer the requirement Of the
defendant in such case, designating the same
by proper metes and bounds, all of which pro-
ceeding shall be certified in writing, by the
said appraisers, or majority of them, under
their proper hands and seals, to the sheriff. un-
der sheriff, or coroner, charged with the execu-
lion of the writ in such case, who shall make
return of the same in the proper court from
which The writ issued, in connection with the
said writ: )Prepided, That this section shall
not be constructed to effec, or impair The liens
of bonds, mortgages. or other contracts, for the
purchase money of the real estate of insolven,
debtors
Sec. 4. That upon the return made Of the
writ aforesaid, with the proceedings thereon,
the plaintiff in The case shall be entitled TO have
his writ of vendi,on exponas, as in other cases,
to sell the residue of the real estate included in
the levy aforesaid, if the appraisers aforesaid
shall have determined upon division of the
said real estate, bu, if the said appraisers shall
determine against division of said real estate,
the plaintiff may have writ of vendilioni expo
mas TO 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 execu-
;ion, 10 receive from the sheriff or other off,
Ger, of the proceeds Of said sales as much as
he would have received at the appraised value,
had the said real estate been divided.
See. 5 That the tweniy-sxth section of
The act entitled Gan Act relating to executions, -
passed sixteenth June, one thousand eight hun.
dred and hi,iy.six, and the seventh and eighth
sections of an act entitled "An Ac, in regard
TO certain entries in ledgers, in the city Of Pitts.
bnrgh, and relating to the publishing of Sher-
iff s sales, and for other purposes, !" passed
iwen.y-second April. one thousand eight hun
dred and for,y-six, and all other acts inconsis-
tent with this ac,, be, and the same are hereby
repealed.
Sec. 6. That The provisions Of this act shall
| m aka off III Jox, ,r
and shall apply TO debts contracted on and af-
ter that date.