Juniata sentinel and Republican. [volume] (Mifflintown, Juniata County, Pa.) 1873-1955, 1877-04-11
The New STAY Law.
I'm .dd to Regulate STAY Of Executions
in Certain Gases.

IN General Assembly met, and 1t is
hereby enated by the authority of the
same, That in all cases where lands,
tenements or hereditaments have been
or hereafter shall be levied On by virtue
any writ of fisri 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, agreeabIy
to the existing laws of this Common
wealth, shall 6nd that the rents, issues
and profits of such property are not
sufficient, beyond all reprises, within the
space Of seven years, to satisfy the
damages and costs, or the debt, interest
and costs In such writ as mentioned, it
shall be the duty of the sheriff to sum
mon SIX men of his bailiwick to go upon
the premises and value anG appIalse
the said property, and in all cases where
the defendant or defendants shall col-
sent to condemnation. agreeably to an
act entitled An act relating to eIecu
tions, passed the sixteenth day of June
eighteen hundred and thirty-six, aud
in any case where an Inquisi,ion aud
condemnation of such estate as afore-
said shall not be deemed necessary In
law. it shall be the duty of the sheriff
or coroner of the proper county to sum
mon an inquest of six good and lawful
freeholders of his baiiwick, who shall
be under oath or sfirma,ion, and shall
receive the same pay as jurors are en-
title d to in similar cases, to go upon
the premises aud value and appraise
the same, and the sheriff or coroner
shall make return Of such valuation or
appraisement with the writ aforesaid
to the court from which the same issued
and which valuation or appraisement
shall be cociusive as TO all writs and
execution, when approved by said court
III any futnrs execution which NAV be
levied on the same property; and in
case any writ of venditioni exponas or
other writ shall issue fof the sale of
such lands, tenements or Entertainments
and the same be sold at public vendue
or out cry for two thirds or more of
such valuation or appraisement, and
then IN such case the sheriff or coroner
shall not make sale of the premises, but
shall make return of the same accord
idgly to the curt from which the exc
cutlon issued, and that tbereupon all
further proceedings for the sale of such
lands, tenements or hereditaments shall
be stayed for one year from and
after the return day of the venditioni
exponas or other writ for the sale OF
the premises; Provided, That the
sheriff CT coroner shall not be entitled
to poundage unless in those cases
where sale Of the property shall take
place.
SECTION 2. That in all cases where !
lancs, tenements or hereditaments /
have been heretofore leried upon and |
condemned or extended, or that here
after may be extended in virtue of ans
writ of teri facias, aud in all cases |
where lands tenements or hereditaments |
have been or hereafter shall be siezed /.
or levied on by virtue Of any writ OF
levari facias, 1t shall be the duty of the |
sheriff or coroner, before exposing the 1
said property to sale, pursuant to
any writ for that purpose issued, or in
pursuance of such writ of levari facias,
to summon SIX good and lawful men o.
his bailiwick, who being frs. sworn or
affirmed, shall go upon the premises
and make true valuation or appraise-
ment of such property as directed by
the first section of this act.
SECTION 3. That in all cases where
estates for a term Of years in any lands
tepements or herditaments have been
or shall be seized and levied on by vir-
tue of any writ or execution, 1t shall
be the duty of the sheriff or coroner,
before he shall proceed to advertise
and sell the premises aforesaid, to sum
mon an Inquest of six good aud lawful
men of his balliw:ck. who being first
duly sworn or affirmed, shall GO upon
the premises aud make true Valuation
and appraisment of the same, and if
such estates for life or for a term of
years as aforesaid, after being adver-
used and offered for sale by public
vendue or outcry according to law, can
not be sold for two thirds or more OF
the amount of tho valuation and ap-
praisement to be made as aforesaid, the
sheriff OF coroner shall make return ac-
cordingly, and thereupon all further
proceedings for the sale of said premis-
es shall be stayed for one year from the
return day of the said writ of execution
Provided, That the said defendant or
defendants shall execute aud deliver
to the sheriff or coroner, as the case
may be, Judgment bond, with one or
more sufficient securities, who shall be
freeholders, and approved by the court
to be entered of record, and shall be
lien on all real estate until paid or sat
Isied, in a penalty of double the
amount of said valuation or appraise-
ment, conditioned for the payment of
all liens, debt, interest and cost.
SECTION 1. That in all cases where
personal property shall be taken In ex-
ecution by virtue Of any writ of feri
saclas issued out of any court of COM
mon pleas of this Commonwealth, o. by
virtue of an execution is sued by a
justice of the peace, it shall be the du-
ty of the officer to whom such suit shall
be directed respectively, when it shall
be requested by the debtor, to summon
three reputable freeholders, citizens of
the viciuage, who being first duly sworn
or affirmed by the said officer, shall
value and appraise the personal prop
erty aforsaid, which valuation or ap-
pralsement, signed by the appraisers,
together with schedule of the prop
erty taken in execution, shall be An
uexed to the return on sad writ, ard
in case said personal property, or any
part thereof, cannot be sold for two
,h;rds of the amount of said valuation /