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. 4. _And be it further enacted by the authority aforesaid_,
That in all cases where personal property shall be taken in
execution by virtue of any writ of _fieri facias_ issued out of any
court of common pleas in this commonwealth, or by virtue of any
execution issued by a justice of the peace, it shall be the duty
of the sheriff, coroner, constable or other person, to whom such
writ shall be directed, respectively, when it shall be requested by
the debtor, to summon three respectable freeholders or citizens of
the vicinage, who, being first duly sworn or affirmed by the said
officer, shall value and appraise the personal property aforesaid,
for which service they each shall be entitled to receive fifty cents
per day; which valuation or appraisement, signed by the appraisers,
together with a schedule of the property taken in execution, shall
be annexed to the return of said writ. And in case said personal
property, or any part thereof, cannot be sold for two thirds of
the amount of said valuation or appraisement, at a public vendue
of the same, of which notice shall be given to the plaintiff or
plaintiffs, his, her or their agent or attorney, agreeably to the
direction of the first section of this act, that then the sale of
such property shall be stayed for the term of twelve months from
that date: _Provided_, That the said defendant or defendants shall
execute and deliver to the sheriff, coroner or constable, as the
case may be, a bond, with one or more sufficient sureties, in a
penalty double the amount of the said valuation or appraisement,
conditioned for the faithful forthcoming and delivery of all and
every part of the said personal property, upon the expiration of the
said stay of execution, to the proper sheriff, coroner or constable,
or his successor in office, in like good order and condition as when
the same was so as aforesaid offered for sale, or other personal
property equal in value and like good order, to be ascertained in
the manner aforesaid; or in default thereof, for the payment of the
amount of the appraisement or valuation, with interest and costs,
or the amount of the debt, interest and cost, for which the levy
was made. And upon the execution and delivery of such bond, the
said personal property shall be returned and redelivered into the
possession of the said defendant or defendants: _Provided also_,
That nothing in this act contained, shall be construed to prevent
any judgment creditor or creditors from having the property of any
debtor or debtors exposed to sale, in the usual manner, at any time,
and as often as he, she or they may think proper, after it may have
once been exposed to sale as aforesaid, by paying all the costs
which may accrue in consequence thereof, except the time which a
sale may be effected, which cost shall be paid out of the proceeds
of the sale as in other cases.
Public-domain text, read in full here on John Shaqi.
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