The Rural Magazine, and Literary Evening Fire-Side, Vol. 1 No. 05 (1820)Various
Philosophy
The Rural Magazine, and Literary Evening Fire-Side, Vol. 1 No. 05 (1820)
Various
Agriculture; Agriculture -- Periodicals
SECT. 1. _Be it enacted by the Senate and House of Representatives
of the commonwealth of Pennsylvania in general assembly met, and it
is hereby enacted 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 of any writ of _fieri facias_ or other
writ of execution, and an inquest of twelve men summoned by the
sheriff or coroner of any of the cities or counties agreeably to
the existing laws of this commonwealth, shall find that the rents,
issue, 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 cost in such writ mentioned, it
shall be the duty of the same inquest to value and appraise the said
property. And in all cases where the defendant or defendants shall
consent to a condemnation agreeable to an act entitled "a supplement
to the act, entitled, An act for taking lands in execution for the
payment of debts," passed on the sixth day of March, one thousand
eight hundred and twenty, and in any case where an inquisition
and condemnation of such estate as aforesaid shall not be deemed
necessary in law, it shall be the duty of the sheriff or coroner of
the proper county to summon an inquest of twelve good and lawful men
of his bailiwick, who shall be under oath or affirmation, and shall
receive the same pay as jurors are entitled to in similar cases, to
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 conclusive in any future execution which may
be levied on the same property; and in case any writ of _venditioni
exponas_ or other writ shall issue for the sale of said lands,
tenements or hereditaments, and the same cannot be sold at public
vendue or outcry for two-thirds or more of such valuation or
appraisement: that then and in such case the sheriff or coroner
shall not make sale of the premises, but shall make return of the
same accordingly to the court from which the execution process
issued, and that thereupon 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 or
coroner, shall not be entitled to poundage unless in those cases
where a sale of the property shall take place.
Public-domain text, read in full here on John Shaqi.
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