The star of the north. [volume] (Bloomsburg, Pa.) 1849-1866, 1861-05-22
The Stay Law.

SECTION BE it enacted oy the Senate
and House OF Representatives of the Com
monweaIth of Pennsylvania, in General As
sembly met, and is hereby enacted by the
! authority OF the same. That upon all judg-
ments now remaining unsatisfed, or which
may be obtained within six months from
the passage of this act, or upon which a
sale of real estate has not yet been confirm.
ed, there shall be stay of execution for
one year from the passage hereof, as regards
judgments now existing, and from their
date as regards judgments obtained within
six months after The date thereof Provided,
That the defendant is po ssessed of real es-
tate within the respective county or coun.
ties in which such judgments shall have
been obtained, or in any other county with
in the Commonwealth 10 which the said
Judgment shall have been transferred, sub
iect TO be sold for the payment Of such
judgment, worth in the opinion of any Court,
or Judge in vacation, justice, or alderman
having jurisdiction OF such Judgments, at
a fair valuation, sum sufficient 10 pay or
satisfy the same over and above other in
| cumbrances, and the amount exempted
from levy and sale on execution, or said
| defendant shall give security for the pay.
ment of The same, 10 be approved by the
court or a Judge thereof, in vacation, or the
Justice or Alderman before whom the same
was obtained or may be depending, within
60 days from the date of the judgment or
from the passage OF this act, which securiiy
shall consist OF one or more persons, who
shall satisfy the court, Judge or Justice, by
oath or affirmation, and such other eviden-
ces as may be required. that they are the
bona foe owners Of real or personal estate
within the county where such judgment
has been entered, worth, al fair valuation
double. The amount of such Judgment, over
and above all other debts and incumbran-
ces. 10 which security the plaintiffs may
file exceptions, as now. provided by law,
and that in all actions now pending or insti-
tnted within twelve months after the pass
sage OF this act, in any of The courts OF this
Commonwealth ,on notes, bills bonds or other
instruments, for the payment OF money, or
for the recovery of book debts, wherein The
defendant or defendants, al any stage OF the
proceedings, before actual sale by the Sher-
if, shall have filed an affidavit setting forth
that the majority of his. or their creditors,
whose demands exceed two.lhirds OF his or
their entire Indebtedness, have agreed in
wiring, 10 extend the time of payment oi
the debts due them respectively, the Court
shall direc. the Proihonolary 10 report the
terms OF the said extension upon evidence
submitted 10 him by the defendant or de
PENDANTS, and ihereupon the Court shall en-
ter an order in the cause that no execution
snail issue except at the periods when and
in the proportions which it shal! appear by
. The report OF The Prolhonolary that the ma.
! loriiy OF the creditors ofthe defendant or de.
PENDANTS, whose demands exceed iwo-thirds
). Of his or their entire Indebtedness, have
D agreed, as aforesaid, to extend the time o.
S payment of the debts due them respective
}. Iy and, PrOUided, further, that the provis
: ions of this act shall extend 10 Judgment,
> entered, or 10 be entered, as well upor
e bond and warrant OF attorney, as upon mort
n cages, 10 secure The same, and to any sub
sequent grantee or owner Of The premise
so bound, as well as TO The original obligo
or mortgagor, and also TO all judgments o
debts upon which stay OF execsiion ha
# been, or may be waived by the debtor, i
h any original obligation or contract uoo
e which such judgment has been or ma
hereafter be obtained, or by any stipulaiio
into any time from
l. obligation or contract And, provided, I 1hs
nothing in this act contained shall be cor
"a slrued 10 stay any execution that may b
!. issued after the expiration OF sixty day
Z. from the passage of this act for the purpos
/. of collecting interest due or 10 become do
J. upon any judgment for any sum not lee
than five hundred dollars heretofore Obtain
i, ed, but no such execution shall be issue
g for less than six months arrearages OF Inie
v esi pravided, That this act shall not apPI
4 so as TO stay the collection OF interest o
judgments interest for The security of th
$ payment OF money 10 widows, orphans {
n minors; And, prOvidsd, further, That this az
Il shall not apply 10 any Judgment oblaihe
for the wages OF labor, or 10 deois conirac
O ed after The passage OF this act, but sha
ID apply 10 all corporations whether defer
f dants or holders of collalerals.
H. SEC ?. That in all cases in which a dt
fendan, shall be entitled 10 stay OF exec'
i'll ;ion, under the provisions OF this act, an
~ shall neglect or refuse to claim the benet
r. thereof, any mortgage of the premis'
r levied upon, or other lien creditor who
estate or interest therein would be affecis
An by sale OF the said premises, shall have Il
~ like right with the defendant 10 claim suC
ed stay OF execution.