Pennsylvania Act 1849-419 — INSOLVENCY - RELEASE ON BOND FROM CONFINEMENT FOR DEBTS

Act text

INSOLVENCY - RELEASE ON BOND FROM CONFINEMENT FOR DEBTS
                 Act of Jan. 24, 1849, P.L. 676, No. 419              Cl. 39
                                  AN ACT

     Relating to judgments, and the acknowledgment of deeds, and
        sequestration of life estates, and relative to the high
        constable of the borough of Wilkesbarre.

        Section 6.  Release on bond, in certain cases
        Any applicant for the benefit of the insolvent law, who is or
     may hereafter be in confinement under sentence of any criminal
     court, and who shall be entitled to be released from such
     confinement, on a compliance with the provisions of existing
     Acts of Assembly, shall be released upon giving bond, as in
     civil cases.  1849, Jan. 24, P.L. 676, Sec. 6.
        Section 7.  Election to retain premises at valuation;
     venditioni exponas on failure to pay
        It shall be the duty of every sheriff or coroner holding
     inquisitions on lands yielding rents, issues, or profits taken
     in execution, wherein the defendant has only a life estate,
     where the same shall be condemned upon request made, and notice
     given to the plaintiff in the writ, his agent or attorney, at
     least three days before the holding of such inquisition by the
     defendant, his agent or attorney, or the occupant of the land,
     to cause the inquest to make an appraisement of the yearly value
     of such lands, and to return the same with or as part of the
     inquisition and condemnation, and thereupon, before any writ of
     venditioni exponas shall issue, the plaintiff shall wait thirty
     days from the date of such inquisition for the defendant, his
     agent, attorney, or occupant of the land, to elect by notice in
     writing to the sheriff or coroner, to pay the plaintiff the
     annual valuation in half yearly payments; and on failure of the
     defendant so to elect to pay, or on neglect or failure to pay
     for thirty days after any half yearly payment shall be due and
     payable, the like proceedings may be had as are now directed by
     law in cases wherein estates of inheritance taken in execution
     are extended on a sheriff's inquest: provided, that nothing
     herein contained shall prevent the appointment of a sequestrator
     on application of any lien creditor under the provisions of the
     third section of this act, and of the act therein referred to:
     Provided further, that the writ of venditioni exponas, as
     authorized by the third section, shall not be issued in any case
     wherein the annual rent, found by the jury aforesaid, shall be
     sufficient to pay the interest on the debts entered of record:
     And provided also, that no such writ shall be issued unless by
     direction of the proper court; and on the application of any
     lien creditor for a writ of venditioni exponas, the tenant shall
     have at least ten days' notice of the application for such writ;
     but if the tenant for life be a non-resident of the Commonwealth
     of pennsylvania, and his whereabouts cannot be ascertained after
     diligent inquiry, upon the presentation to the court by petition
     of any lien creditor, setting forth such facts, the court is
     hereby directed to grant an order of publication, in at least
     two weekly newspapers in the county where the life estate is
     located, for a period of four weeks, and the mailing of a copy
     of each of such publications to the life tenant's last known
     place of residence, which publications, together with the
     mailing of copies of the same to the life tenant's last known
     place of residence, shall have the full force and effect as if
     the life tenant had received personal notice, and shall entitle
     any lien creditor to a writ of venditioni exponas.  1849, Jan.
     24, P.L. 676, Sec. 7; 1901, June 4, P.L. 426, Sec. 1.