The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1877-04-06
The New Stay Law.

the authority Of the same. That in ali cases
where lands, ,tenements or hereditament have
been or hereafter shal. be levied on by vir-
tue of any writ of 6eri facias or other writ
of execution, and an inquest of six men,
summoned by the sheriff or coroner Of any
Of the cities or counties ngreeably to the ex-
listing laws of this Commonwealth, shall
find that the rents, issues and profits of such
property are not sufficient, beyond all rs-
prises, within the space of seven years, to
satisfy the damages and costs, or the debt,
interest and costs in such writ as mentioned,
il shall be the duty of the sheriff to sum-
mon six me of his baiiwick to 90 up IN the
| premises and value and appraise the said |
property, and in all cases where the defend |
ants shall consent to a condemnation, agree |
ably to an act entitled Au net relating to
executions passed the sixteenth day of June
eighteen hundred and thirty.si and in any
case where An nqui-itinn aud conformation
ot such estate a>lioresad shall not NJ deemed
ucr..,a,y n law, l. .l.all be the du'y of the
sheriff r coroner of the proper county To
! summon An inquest o' six good aud law iul
freeholdets of his hailiVck, who -hall be
under oath @, Affirmation, and -hal receive
the same pay ~ jurors are entitled to in
similar cases, to go upon the premises and
calue AMI appraise the same, and the sheriff
or coroner shall make return of such vslua.
tinn or apprai.cment with The writ aforesaid
t. the court from which the same i-,ued aud
which valuation ar aprraisemcnt shall he
conclusive "a to all writs and executions,
when approved by sal court in any future
execution which may be levied on the same
property and in case any writ of vendilioni
exponaS or other writ shall issue for the
sale of such lands, tenements or heredita-
ments, and the same cannot be sold at pub
, lie vendue or outcry for two-thirds or more
, of such valuation or appra isement, and then
IT, such case the sheriff or coroner shall not
make sale Of the premises, but shall make
5 return Of the same accordingly to the court
from which the execution issued, and that
thereupon all furthr proceedings for the
sale of such lands, tenements or heredita-
, ments shall be stayed for one year from and
after the return day of the venditioni eA-
/ pona, or other writ for the sale of the prem-
ses Provided, That the sheriffor corouer
{ shall not be entitled to poundage unless in
those cases \, here sale OF the property shall
e take place.
\ Sko. 2. That in all cases where lands, ten
n ements or hereditaments have been hereto
r fore levied upon and condemned or extend
q ed or that hereafter may be extended in vr.
o tue of any witt of fieri fBcias, and in all
cases where lands ,tenements or rhereditaments
:, have been or hereafter shall be seized oil
r. levied on by virtue of any writ Of levar
4 facias, it shall be the duty of the sheriff Of
coroner, before exposing the said propert,
Ia to sale, pursuant to any writ for that purpos
n issued ,or in pursuance of such writ of levar
!. facias, to summon six good and lawful mel
of his bailiwick, who, being FIRST sworn o
\ affirmed shall go upon the premises ant
make true valuation or appraisement o
a. such property as directed by the first sectio
# of this act.
Or SEC 3. That in all cases where estates 70
to life or for term of years in any lands, ten
l. ements or hereditaments have been or shal
r be seized and levied on by virtue of any wri
!. Or execution, it shall be the duty of tn
il sheriff or coroner, before he shall proceed t
advertise and sell the premises aforesaid, t
of summon an inquest of six good and lawfu
men of his baiiwick, who, being first dul
sworn or affirmed, shall go upon the prem
ses and make true valuation aud appraise
ment of the same, and if such estates TO
b life or for term Of years rs aforesaid, afte
ie being advertised and offered for sale by pub
10 lie vendue or outcry according to law, car
IL not be sold for two-thirds or more of tn
We amount of the valuation and appraisemer
hs to be made as aforesaid, the sheriff or core
y nar shall make return accordingly, an
III thereupon all further proceedings for IL
e. sale of said premises shall be stayed for or
Nv year from the return day OF the sa
IN writ of execution: Provided, That the sal
ess defendant or defendants shall execu
II and deliver to the sheriff or coroner, as II
i'e case may be, judgment bond, with oil
no or more sufficient securities, who shall
ks freeholders, and approved by the court,
be entered of record, and shall be lien {
all real estate until paid or satisfied, in
penalty of double the amount of said val
alton or appraisement, conditioned for Il
payment of all liens, debt, interest and CO.
for SEC. 4. That in all cases where person
'p' property shall be taken in execution
IN virtue of any writ Of fieri facias issued o
of any court of common pleas of this Coz
mon,vealth, or by virtue of any execute
,en issued by justice of the peace, it shall
~, tn, duty OF the officer to whom such 81
lao shall be directed respectively, when 1t sh
the be requested by the debtor, to summon thu
al. reputable freeLolder, citizens of the vic
age, who, being first duly sworn or affirm
by the said officer. shall value and appra
the personal property aforesaid, which va
'iai Atom or appraisement, signed by
ror appraisers, together with schedule
INV mss the property taken in execution shall
hA annexed to the return on said WI
re- and in case said personal property, or q
ION part thereof, cannot be sold for two-thi
of the amount of said valuation or apprai
ment at a public vendue of the same
ina, which notice shall be given to the plain
and or plaintiffs, his, her or their agent or
,og- torney, agreeably to the directions of
of first section of this act that then the 4
me. Of such property sh all be stayed for the te
t of of twelve months from that date: Prov
has ed, That the said defendant or defenda
iov. shall execute and deliver to the sheriff, c
ton oner or constable, as the case may b.
'uld bond, with one or more sufficient securit
to be entered of record, and shall be !
for said per cd of time in penalty of do
au |. the amsunt of said valuation or appra
snd ment, conditioned for the faithful forthco