Sunbury American. [volume] (Sunbury, Pa.) 1848-1879, 1849-04-28
THE EXEMPTION LAW.


The following is the act recently passed by
the Legislature, TO exempt three hundred dol
lars worth Of personal property from sale or
execution or distress for rent -
AN Act to exempt property 10 the value OF
three hundred dollars from levy and sale
on execution, and distress for rent.
Sec: I Be it enacted BY the Senate and
House of Representatives Of the Commonwealth
of Pennsylvania, in General Assembly met,
and it 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 upon
contract and distress for rent, property TO
the value of three hundred dollars, exclusive
Of all wearing apparel of the defendant and
his family. and all Bibles and school books in
use in the family, (which shall remain ex-
empted as heretofore,) and no more, owned |
by or in possession of any debtor, shall be
exempt from levy and sale on execution or
by distress for rent.
SEC. 2. That the sheriff, constable, or
other officer charged with the execution OF
any warrant issued by competent authority,
for the levying upon and selling the property,
either real or personal, of any debtor shall,
if requested by the debtor, summon three
disinterested and competent persons who
shall be sworn or affirmed, TO appraise the
property which the said debtor may elect TO
retain under the provisions of this act, for
which service the said appraisers shall be
entitled 10 receive fifty cents each, 10 be
: charged as part of the costs of the proceed
) ings, and property thus chosen and appraised,
to the value of three hundred dollars, shall
be exempt from levy and sale on the said
execution of warrant, excepting warrants for
the collection of taxes.
Sec. 8. That in any case where the prop
: erty levied upon as aforesaid, shall consist of
real estate Of greater value than three hun
: dred dollars, and the defendant in such shall
elect to certain real estate amounting in value
10 the whole sum Of three hundred dollars, or
u any less sum, the appraisers aforesaid shall
: determine whether, in their opinion, the said
T, real estate can be divided without injury to
I, or spelling the whole, and if the said apprai-
: sers shall determine that the said real estate
/ can be divided aforesaid, then they shall
n proceed to set apart so much thereof as in
e their opinion shall be sufficient 10 answer the
Is requirement of the defendant in such case,
'r designating the same by proper metes and
l. bounds, all of which proceeding shall be cer-
X tilted in writing, by the said appraisers; or a
o' majority of them, under their proper hands
IL and seals, TO the sheriff, under sheriff, or cor
10 oner, charged with the execution of the writ
" in such case who shall make return of the
same in the proper court from which the wr
n issued, in connection with the said writ
'd PROVIDED, That this section shall not be con
III s,rued TO effect or impair the liens of bonds
se mortgages, or other contracts, for the pur
IS, chase money of the real estate of insolven
IL debtors
IL SEC. 4. That upon the return made OF the
On writ aforesaid, with the proceedings thereon
he the plaintiff in the case shall be entitled tc
he have his writ of venditon exponas, as il
ed other cases, 10 sell the residue of the rea
ay estate included in the levy aforesaid, if th'
,ir appraisers aforesaid shall have determined
n upon division of the said real estate, but j
to the said appraisers shall determine agans,
or division of said real estate, the plaintiff ma,
sr- have writ of vendtioni exponas to sell tn,
of whole Of the real estate included in sucl
ry levy, and it shall and may be lawful in ih
or latter case, for the defendant in the execu
Vi tion, 10 receive from the sheriff or other Off
ty Ger, Of the proceeds of said sale as much a
ed he would have received at the appraise,
ITS value, had the said real estate been divided
or SEC. S. That the twenty-sixh section o
by the act entitled "An Act relating TO execu
al, tions," passed sixteenth June, one thousan
e. eight hundred and thirty-six, and the sevent
TO and eighth sections Of an act entitled IA
10, Act in regard to certain entries in edgers, i
re- the city of Pittsburgh, and relating to tn
of publishing of sheriff's sales, and for othe
ry purposes" passed twenty-second April, on
nd thousand eight hundred forty-six, and a
ge other acts inconsistent with this act be, an
ch the same are hereby repealed.
Sec. 6. That the provisions OF this ac
la shall not take effect until the fourth day Q
as June next, and shall apply to debts contrac,
he ed on and after that date.