The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1875-02-19
The Proposed Stay Lag.

( Following is the full text of a bill intro
duced into our State Legislature by Sena>
tor Lemon, of Blair county. i careful
pelusal of the same is requested as it is
matter of interest to the general public
SECTION l. That upon all judgments ex-
ceeding one hundred dollars now remaining
uusatisfed, which may be obtained with
in six months after the passage of this act
or upon which n sale of real estate has not
yel been confirmed, there shall be stay of
execution for two years from the passage
q hereof as regards judgments now existing
ana from their date as regards judgments
obtained within six months after date here
of: PrOCided That if the defendant is pos
sessed OF real estate within the respective
county or counties in which such judgmen.
shall have been obtained, or in any other
comfy within this Commonwealth to which
the said Judgment shall have been transfer
red, subject 10 be sold for the payment of
such Judgment worth in the opinion of any
court or any judge in variation, justice or al
! dernan having Jurisdiction of such juig-
ments, at n fair valuation at sum sufficient
To pay or satisfy the same over and above
the membranes, and the amount eXemp-
ted from levy ard sale on execution, or said
defendant shall give security for the pay
ment or the same, to be approved by the
court or judge thereof in vacation, or the
Justice OF alderman before whom the same
was obtained, or may be depending within
sixty days from the d.sc of The Judgment or
from The passage of tl.is act, which security
sl!'ttl consist OF one or more parsons who
shall satisfy the court, judge or justice by
. oath or affirmation and such other evidence
as may be required, that :h>y are the bona
hdc owners of real or personal estate within
the county where such judgment has
been entered, worth, at . fair valuation,
Couole the amount OF such Judgment over al al
above all other ueOtS and iucuInoTaUces TO
VIII CD security the plaintiffs may file excep-
loHs, as now provided by law; and THAI All
actions now pending or instituted within the
twelve mon. hs after the passage of this act
III any of the courts of this Comm OF wealth,
Oh nOie~, bonds, or other instruments for the
payment Of money, or for rIa recovery of
book debts, wherein he defendant or defend
ants, ut any stage OF the proceedings. before
actual sale by he Sheriff, slia. I have filed an
affidavit, setting forth that the ma iCrIty of
his or their creditors. whose demands exceed
two-ih!rGs Of lis or their Indebtedness have
agreed in writing, to extend ihe time OF pay
ment Of thc debts due them respectively the
Court shall direct the Prothouotary to report
the terms of said extension upOa evidence
submitted to him by the defendant or de-
PENDANTS, and rhcrcUpon the Court shall ell
Ter an order III the CaUse that no execution
shall issue except At the perio Is W hen and
IN the proportions which ii shall apyrar by
the report of the PrOthoHotary that the ma
lDT!ty OF the creditors OF the defendant or
defendants, whose demands exceed two
thlTGS OF his or their entire indebtedness
have agreed a. aforesaid to extend the time
OF payment OF the debts dine them respect
lively. And no person, or firm, bank nr bro
ker, holding collateral n security for debts
dHe, or 10 become due, shall within TWO
years from the taking effect of this act sell
al pubic or private sale any such coiat-
erals, whether the same consist of mortgage
pond, note or O'EGr security, commercial or
o' o'herTise; and any party selling such col
lateral sec CariIi0S within such time shall be
como responsible for the same ri double the
amount for which it was Pledged to the
owner ST such collateral and proriGcd ft!'-
WcT: That the provisions Of tbs act shall cx-
tenu To Judgment entered or to be entered
rs Wei upon bond and warrant Of attorney
as upon NOR: gag 5 to seCurc the same and
10 any SuOSrq uCnt grantee or owner of the
premises 50 bound as well f. to tiie original
ooiiSnT or mort Sagcr ; ard, also, to all julg-
Nl"nfS-Or debts upon which StaV of eSz,tI-
t!Dn has been or inay be waived hy the
debtor IN any orgina! obi legation or contract
upon which such judgment has been or NAV
hcreaitTr be obtained, or by any stipulation
entered into at any time separate from said
oullgatIor or contract. 1Hd prOJided, That
No'A:rg i'll this act contained shall be- con
stIhed 10 stay any execution that may be
issued after the expiration of sixty days
rom the passage OF this act for the purpose
or collecting interest due, or to become due
upon any judgment for any sum not less
than five hundred dollars heretofore oh
tanned, bat no such execution shall I've issued
Tor less than six months arrearagcs of IN
tercst
SEC. ?. That in all cases in which a de
ltHGaHt shall he entitled to n stay of execu-
non under the provisions of this act and
sha!l neglect or refuse to claim the benefit
lA.reCf, any m0rtgagee Of the promises lev
LED upon, or other lien creditor whose estate
or interest therein wou,d he affected by sale
ot the said prrmisas, shall have the like
r@ht with the defendant 10 claim such stay
OF execution.
SEC. ). That upon all Judgments Eereto-
lore entered, or which may hereafter be en-
tered. un0n conditional verdictz. stfpula-
lions or warrants Of attorney, in action of
tleCtm=nt, u like stay of execution shall be
had upon the same terms and conditions
provided i'll the first section of this act.
SEC. !. That the provisions of this act
Sha't he construed TO apply to all jud gments
"a which a sale hy iudiciai process has not
been actually made.