The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1877-03-30
The Ne,O Stay Lu,c.
TEXT OF THE law FOX STAY OF EXECUTION
IN THIS STATE.


SECTION I. That in all cases where lands,
J tenements, or heredifameuts have been or
! hereafter shall be levied on, by viItue OF
! any writ Of fe;'i factas or other writ of ex-
| ccu;ion, and inquest OF twelve men
| summoned 10y the sheriff or coroner Of any
! of the cities counties, aereeabiy to the
existing la ws of this Commonwealth, shall
, find that the suits, 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 rs
II nentioned, it shall be the duty of the same
inquest to value and apprase the said pro-
: perty and in all cases where the defend
AN. or defendants shall consent to con-
demua:iOn agreeabiy to an act, entitled ::
AN Act relating 70 executions" passed
the 18th day of june, 1880, aud in any case
where an iuquisiiion and condemnation of
such estate az aforesaid shall not be deemed
necessary in law i; shall be the dnty Of the
sheriff or coroner q: the proper county to
summon an inquest of twelve good aud
lawful men Of his bailiwck, who shall be
under oath or affirmation, and shall receive
the same pay as jurors are entitled to in
similar eases, to value and apprase the
same, and the sheriff or Coroner shall make
return of such valuation or appraiserient
with the writ aforesaid, 20 he Court from
which the same issued, and which valuation
or appraiscment shall be conclusive in any
future execution which may be levied OH
the same property and in case of any writ
oi UehdtttoRt eXpO1eds or other writ, shall
issue for the sale of such lands, tenemeuts,
or hereditaments, and the same cannot be
sold al public vendue or outcry for two
thirds or more ofsuch valuation or appI aise-
ment, that then aud in such case the sheriff
or coroner shall not make sale of the pre-
misses but shall make return of the same
accordingly to the Court from which the
execution issued and that thereupon all
further proceedings for the sale of such
lands, tenements. or heredtaments shall
be stayed for one year from and after the
return day of the genditioRi eCponds or
other writ for the sale of the premises; pro-
vided, that the sheriff coroner shall not
be entitled to roundage, unless in those
eases where a sale Of The property shall
take place.
SEC. .. That in all cases where lands,
teuementS, or herediiamenls have been
heretofore levied upon ard condemned or
extended, or that hereafter may be ex-
tended in virtue of any writ Of fcrt f0cids,
and in all eases where any lands. tene-
ments. or hereditaments have been or here
after shall be seized or levied on by virtue
of any writ Of ierdrt facjas, it shall be the
duty of the Sheriff or Coroner before ex-
posing the said property to sale, pursuant
to any writ for that purpose issued, or in
pursuance Of such writ of lerari facirs. to
summon tvelve good and lawful men of his
bailwicN, who, being,iirst sworn or affirmed,
shall make a true valuation or appraiSement
OF such property, as directed 10y the first
section of this act.
SEC. B. That in all cases where estates
for l.fc, or for term of years in any lands,
to lementS, or hereditaments have been or
shall he seized and levied on by virtue of
any writ or execution il shall be the duty
of the Sheriff or Coroner. before he shall
proceed TO advertise and sell the premises
aforesaid. to summon an inquest of twelve
good and lawful men of his baiiw ick who.
being first duly sworn affirmed. shall
make Il true valuation and appraiseuent Of
the same, and if such estates for life, or for
a term nf years. as aforesaid. after being
advertised and offered for sale by public
vendue or ontcry. according to law. cannot
be sold for two-thIds or more of the
( amount of the valuation and app asement,
{. TO he made as aforesaid, the Sheriff or
! Coroner shall make return accordingly. aud
thereupon al further proceedings for the
sale ot the said premises shall be stayed for
one year from the return day of the said
writ OF execution.
SEC. l. That III all cases where personal
property shall be taken in execution by
virtue of any writ Of feri factas issued ont
of any Court of Common Pleas of this Com.
monwealth. or by virtue of any execution
( issued by Justice of the peace, it shall lie
the duty OF the office TO whom such suit
! shall be directed respectively when it shall
/ he requested by the debtor. tn summon
! three respectable treehodcrS, citizens of
I the vIcinage, who. being first duly sworn or
/ affirmed by the said officer shall value and
/ appraise the personal property aforesaid.
which valuation or appraiSemeuts, signed
/ by the appraisers, together with a schedule
/ of the property taken in execution, shall
! be annexed to the return on said writ, and
! iu case said personal property. or any pai
{ thereof, cannot be sold for two thirds nf
the amount of said valuation or appIaise
| mcnt at a public vendue of the same of
/ which notice shall be given 10 the plaintiff
. or plaintiffs, his, her, or their agent or at
/ t"Iney, agreeably to the directions of the
first section of :his act, that then the sale
o! such property siall be stayed Cor the
term Of twelve months from that date
provided that the said defendant or defend
auts shall execute and deliver to the Sheriff,
! Coroner, or cons. able, as the case may be-
/ bond with one or more sufficient securi-
ties in a penalty Of double the amounl q,
the said valuation or appraiseinent, condi
toned for the faithful forthcoming and de-
livery of all and every part of the said
! personal property upon the expiration ol
said stay OF execution To the proper Sheriff
Coroner, Constable, or his successor in
Office, in like good order and condition
reasonable wear and tear being allowed
us when the same was SO as aforesaid Offer eC
Cor sale. or otlier personal property equa
i'll value aud i'll like good order to he ascer
tanned in the manner aforesaid. or in de
fault thereof for the payment of the amount
of the appraiSement or valuation with in
terest and costs or the amount of the de BIT
interest and costs for which the lcvy wa.
made, and upon the execution and deliver,
OF such bond the said personal prupert,
shall BE returned and redelivered into .h,
possession Of the said defendant or defend
ants; provided also, that nothing in thi
act contained shall he construed to preven
any Judgment creditor or creditors from
having the property of any debtors EXPOSED