Lewistown gazette. [volume] (Lewistown, Pa.) 1843-1944, 1861-05-30
THE STAY LAW.


ture, relative to judgments and executions:
SEC. l. BE It enacted, That upon all Judge
ments now remaining unsatisfed. or which
may be obtained within six months from the
passage of this act, there shall be a stav of
execution for one year from the passage
thereof, as regards judgements now existing,
and from their date as regards judgements
obtained after the date theraof Provided
that the defendant is possessed of real estate
within the respective county or counties in
which such Judgements shall have been OBJ.
tanned, or il any other county within this
Commonwealth, to which the said judgements
shall have been transferred, subject to be sold
for the payment of such judgement, worth
in the opinion of any court or any Judge in
vacation, justice, or alderman having juris
diction Of such judgements. at fair vaIua-
tion sum sufficient to pay or satisfy the
sam, over and above other membranes,
and the amount exempted from levy and sale
on execution, or said defendant shall give Sc
curIty for the payment Of the same to be ap
proved by the court, or IL judge thereof in va
cation, or the justice or alderman before
whom the same was obtained or may be de
pending, within sixty DAYS from the date Of
the judgement or from the passage Of this
act, which security shall consist in one or
more persons, who shall satisfy the court,
Judge or justice by oath or affirmation, and
such other evidence as may be required, that
they are the bona fde owners of real and per
s0nal estate within the county where such
judgement shall have been entered, worth Mt
fair valuation, double the amount Of such
judgement, over and ab Ive all other debts
and ncumbrances, to which security the
plaintiffs may file exceptions rs now provided
by law. And in all actions now pending, or
instituted within twelve months after the
passage Of this act, in any courts Of this
Commonwealth, on notes, bills. bonds, or 9th.
er investments, for the payment of money, or
for the recovery of book debts wherein the
defendant or defendants at any state of the
proceedings, before sale by the Sheriff. shall
have filed an affidavit setting forth that the
majority Of his or their creditors, whose de-
mal ds exceed two thirds of his or their entire
Indebtedness, have agreed in writing to ex-
tend the time of payment of the debts due
them respectively, the court shall direct the
Parliamentary to report the terms Of the said
extension, upon even evidence submitted to him
by the defendant or defendants, and there
upon the court shall enter an order in the
cause. that no execution shall issue, except
at the period when, and proportions which il
shall appear by the report If the Parliamentary
=
ant or defendants whose demands exceed
two thirds IF his or taeir entire Indebtedness,
have agreed as aforesaid. tD extend the time
Of payment Of the debts due them respective
ly, and no person or firm. bank or broker,
holding cullateralS security for debts due
or to become due, shall within one year from
the taking effect of this act sell at public or
private sale any such cGlatcrais, whether the
same consist of mortgage, bond, note, or any
other security, commercial or otherwise, and
any party selling such collateral securities
within such time shall become responsible
for the same at double the amount for which
it was pledged to the owners Of such coIIat
eral
Agd prorjdcd FURTHER. That the provisions
Of this act shall extend to judgments entered
or to he entered, as well upnn bond and war
rant Of attorney As upon mortgages 10 secure
the same, and to any subsequent grantee or
owner Of the premises so bound. as we'll as to
the original oblgor or mortSager, mud also 20
all judgments or debts upon which stay Of ex
ccutiou has been or may be waived hy the
debtor in any 0bligatI'n or contract Upon
which judgment has or may hereafter lac uh
tained, or 10y any stpuitt3n entered into ut
any time separate from said obligation or con
tract. Aad ploridcd, That nothing in this
act contained shall he construed to stay an
execution that may he issued after the cXri-
ration of sixty days from the passage Of this
act for the purpose Of collecting interest due,
or to become due. upon any judgment for any
sum, not less than $500 heretofore obtained;
bat no such execution shall bc issued for less
than six months arrearages Of interest Pro
ri,ied, That this act shall not apply 80 as to
stay the collection Of interest on judgment
entered for the security of the payment Of
money to widows, orphans or minors. and
pr0cjdcd further, That this act shall not ap
ply to any judgments obtained for the wages
of labor or debts contracted after the passage
Of this act, but shall apply 70 all corporations
whether defendants or holders of colaterals
SEC. s. That upon all judgments heretofore
entered, or which may hereafter be entered
upon conditional verdictS in actions of eject
ment, a like stay Of execution shall be had
upon the same terms and conditions provided
in the first section of this act.
Sec. /. That the provisions of this act shall
be considered to apply to all judgments on
which a sale by judicial process has not been
actually made.
The steamer Etna brings Liverpool dates