The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1877-02-23
Another Stay LdsO.
1T PASSES SECOND READING IN THE HOUSE


The Harrisburg correspondent Of the
Philadcl,.lia Bulletin, writing under date
of Feb. 10Th, says that the House was oc-
cuDied at it's afternoon session the dny pre-
yiuus in the consideration of another stay
bill. which has passed second reading after
n thorough discussion OF its essential pro
visions. No formidable opposition was de
veloped to the measure, but its principal
supporters have q fear that it may share
the same fate as its predecessor, winch
passed second reading 10y large meJority,
but was signally defeated when it came To
be finally considered. Following is sy-
nopsis of the bill as repOi ted
The act provides that in all cases where
lands tenemenfs, hereditanents have
been or hereafter shall be levied on Ivy viz
tue of any writs, and an Inquest OF twelve
men summoned by the Sheriff or Coroner of
any comfy shall fiud that the suits, issues,
and profits Of such property are not sni1-
Gent beyond all expenses within seven
years TO satisfy the damages and costs on
the debt Interest AMI costs in such writ t,
il shall be the duty of the Sheri fl to summon
six men Of his bailiwick to go Oh the prem
ises, value and appraise the said property,
and iE all cases where the defendant shall
consent to condemnation agreeably TO the
act of 1886; anG in any case where an inqui-
sition and condemnation of such estate shall
not be deemed necessary in law, it shall be
the duty of the Sheriff or Coroner IN sum-
mon an inquest of six good and lawful men,
who shall go on the premises and valne and
appraise them, and such valuation or ap-
praisement shall he conclusive in any future
execution which may he levied on the Same
property /; and in case any writ shall issue
for the sale of such lands. etc, and the same
cannot he sold at public vendue for two-thirtis
or more of the valuation or apprasement.
the Sheriff or Coroner shall not make sale
of the premises, buS shall make return TO
the court from which theseXecution issued,
and all further proceedings for The sale or
such lands, etc, shall lie stayed for one year
from and after the returu-day of the writ for
the sale of the premises. In case the prop
erty is not sold the Sheriff or Coroner is not
entitled to privilege.
An almost similar procedure is prescribed
In all cases where lands, etc. have been
heretofore levied on and condemned or ex-
tended or that hereafter may be extended
in virtue OF a writ, and in "a, where
estates for life or for n term of years in any
lands etc, have been or shall be seized and
levied on by virtue of any writ or execution
In cases where personal property shall I've
taken in execution by virtues Of any writ,
il shall be the duty Of the officer to whom
such suit shall be directed, when requested
by the debtor. to summon three reputable
freeholders, who shall value and appraise
the personal property. IN case the property
cannot be sold for two-ibirds OF the amount
of the valuation or appraisement, the sale
shall be stayed for twelve months. The de-
fendant is required TO execute bond with
one more sufficient surefies, to be entered
on record, and shall be a lien of said period
of time. in a penalty double the amount of
the valuation or appraisemeut, conditioned
for the delivery of the property, on the ex-
piration of the stay of execution, to the pro
per office. On the execution and delivery
of the bond lie property shall he returned
and re edelivered into the possession of the
defendant. Nothing in the act shall be cou-
strucd TO prevent any Judgment creditor
from having the property of any debtor cx-
posed to sale at any time.