Twelve

months re.

substituted.

cution on the goods or other estate of the debtor, to restore such goods or estate so taken, to the debtor, on his entering into bond with security to pay the money or tobacco for which execution was so served, and all costs, with lawful interest for the same, to such creditor within three months, shall be, and the same is hereby repealed.

II. And be it further enacted, That on all executions hereafter issued, the sheriff or other officer having plevy bonds published notice of the time and place of such sale, at the door of the courthouse of his county on some court day, and at some public place near the residence of the debtor, at least ten days before such sale, shall proceed to sell by auction, the goods or other estate taken under such execution, or so much thereof as shall be sufficient to satisfy the judgment or decree, as the case may be, for the best price that can be got for the same: Provided always, That if such goods or other estate cannot be sold for three fourths of their value at the least, in the opinion of the persons hereafter directed to be appointed for that purpose, it shall and may be lawful for the debtor or debtors, or any of them to enter into bond with sufficient securities to be approved by the persons aforesaid, to pay the money or tobacco for which execution was so served, and all costs, with lawful interest for the same, to such creditor, within twelve months. And on such bond being given, the sheriff or other officer shall restore to such debtor the goods or estate so taken. And when no such bond and security shall be offered by the debtor, or any person for him, and the goods or other estate taken in execution, cannot in the opinion of the persons aforesaid, be sold for three fourths of their value at the least, the sheriff or other officer shall set up and sell the same for money or tobacco, as the case may be, to be paid at the end of twelve months, and shall take bond of the buyer or buyers, with one or more sufficient securities to pay the same accordingly, with interest, to such creditor.

fect of such

bonds.

IV. And be it further enacted, That all and every Form and ef bond or bonds so taken in pursuance of this act, shall mention that the same was or were entered into for goods or other estate taken in execution and returned to the debtor, or sold to the obligor, as the case may be, and shall have the force of judgments, and also be

assignable. And such sheriff or other officer taking such bond, shall deliver the same to the creditor or his attorney, or return it to the office of the clerk of the court from whence such execution issued, there to be safely kept until demanded by the creditor or his attorney; and if the money or tobacco shall not be paid according to the condition of any such bond, it shall be lawful for the creditor or his assignee to lodge the same, with an affidavit, that the money or tobacco for which such bond was given, or part thereof, is still due, with the clerk of the court from whence the execution issued, and such clerk shall and may thereupon issue an execution for so much as shall appear from the said bond and affidavit to be still due; and upon such execution, the sheriff or other oflicer shall not take any securities for the payment of the money or tobacco at a further day, but shall levy the same immediately, and sell the property on which the execution shall be so levied for the best price that can be had for the same. Provided, That if on return of such execution the debtor can prove the payment of the money for which such execution was levied, either to the assignee or the original obligee, before notice of such assignment, as the case may be, it shall and may be lawful for the court to quash such execution or give such other judgment therein as to them shall seem right, and the person in whose name such execution issued, shall moreover be liable to the action of such debtor for damages. And for the better directions of such sheriff or other officer, the clerk shall endorse upon the back of such execution that no security is to be taken. Provided, That nothing in this act shall be construed to Cases exemp extend to any judgment or execution not exceeding ted out of this the sum of twenty-five shillings; or to any execution against a sheriff, coroner, public collector, or other person legally authorised to receive any part of the public revenue, or to any execution against any such officer for money received by him under an execution or other process; nor to attornies receiving the money of their clients; nor to securities under the act, intituled "An act to empower securities to recover damages in a summary way."

act.

Commissioners to value

V. And be it further enacted, That the court of every county and corporation within this commonwealth, shall appoint nine persons to act as judges of the value property ta

ken in execu

tion how ap pointed.

of the property and the sufficiency of the securities that may be offered under this act, and no sale under execution shall be made but in the presence of at least three of the said persons. Provided always, That in any case where the creditor, his agent or attorney, shall be dissatisfied with the sufficiency of the security admitted by such valuers, it shall be lawful for such creditor to appeal to the next court to be held for the county or corporation, thereupon, giving notice thereof to the debtor or his attorney; and if such court shall be of opinion that the security so admitted was insufficient, the execution upon which such security was admitted, shall be deemed and taken as a lien upon the goods and chattels of such debtor, and shall not be discharged but upon payment of the debt and costs, or render of other sufficient security satisfactory to the court. And moreover the bond and security given by such debtor shall remain valid until such counter security be given. There shall be paid to each of the valuers appointed by virtue of this act, four shillings for each days attendance at any sale, to be taxed in the bill of costs where there is but one execution, and where there shall be more than one execution to to be taxed in the bill of costs on each execution, proportioned to the amount thereof; such attendance not being taxed for more than three valuers in any case. And where any property shall be returned to the debtor or sold on twelve months credit under this act, such persons shall give the sheriff or other officer a certificate that in their opinions such property would not sell for three fourths of its real value, and that the security so taken were sufficient: And such certificate shall be returned by the sheriff with the execution, and shall be a full indemnification for him therein. And such sheriff or officer shall be allowed thirty pounds of tobacco for taking such bond, and no more, except such allowance for keeping and removing such property as shall be at the time of entering into such bond certified by the persons aforesaid, to be reasonable. Every person appointed by a court to judge of the value of property taken in execution, and of the sufficiency of securities offered agreeably, to the directions of this act, shall, before he proceeds to act under such appointment, take an oath before the court of the county or corporation, or some magistrate thereof, that he will truly and impartially execute the trust reosed in him by this act.

rent.

execution on

VI. And be it further enacted, That nothing in this Not to extend act shall be construed to extend to any proceedings that to distress for may be had in consequence of any distress made or to be made for any rent reserved and due, or which may hereafter become due, upon any demise, lease, or contract whatsoever. Where any writ of capias ad sat- On service of isfaciendum, has been or shall be served on any debtor, it shall be lawful for such debtor to tender to the she-h body, riff or other officer serving the same, property to the deb or may value of the debt and costs for which such execution has issued, or may hereafter issue, which property the said sheriff or other officer shall receive and proceed to sell in like manner as is herein directed in the case of goods taken in execution upon a writ of fieri facias, and shall thereupon discharge such debtor out of custody.

VII. And be it further enacted, That where any bond directed or permitted to be given by this act, shall be assigned, an execution issued thereon, against the original obligor or obligors, and on such execution there shall be a return by the sheriff or other officer that there were no goods, or not sufficient goods of the obligor or obligors, to make the debt and costs, it shall be lawful for the clerk, who issued such execution, to issue a second execution against the assignor or assignors of such bond, for the debt mentioned therein, or such part thereof as shall appear to be still due; on which execution there shall be similar proceedings to those in an execution against the original obligors.

tender

perty.

pro.

Remedy. gainst assign ors of twelve

months bonds

Valuers of

property,

VIII. And be it further enacted, That the valuers shall be amenable to their respective county or corpo- how to pro ration courts, and at the discretion of such courts may ceed, be deprived of their office for neglect of duty or malfeisance therein; and upon the death, resiguation, or removal from office of any such valuer, the vacancy shall be supplied by new appointment of the county or corporation court in which it shall happen. When the sheriff shall under any execution have fixed the time and place for the sale of the property taken under such execution, he shall sum non three of the commissioners appointed under this act to value the property and ascertain the sufficiency of securities, to attend at the time and place of such sale. If only two of the said commissioners attend, they shall, after the hour of two

o'clock, choose one of the by-standers to assist them in such valution; if only one of the said commissioners shall attend, he shall at the same time and in the same manner choose one of the by-standers, and they shall together choose a third to value such property as aforesaid; if neither of the said commissioners shall attend, the sale shall be postponed until another day, which shall not be longer than ten days, when the same proceedings shall be had as are directed to take place on the day first appointed for the sale.

The sheriff shall administer the same oaths to the persons chosen by the commissioners as are directed by this act to be administered to the commissioners by the county or corporation courts.

IX. And be it further enacted, That all and every other act and acts, and parts of acts, coming within the purview of this act, shall be, and the same are hereby repealed.

X. This act shall continue in force for three years, and no longer.

CHAP. VIII.

An act concerning the Convention to be held in June next.

[Passed the 12th of December, 1787.]

I. WHEREAS it is provided by a resolution of the Convention, to consider twenty-fifth day of October last, that the proceedings the proposed of the foederal convention be submitted to a convention federal con of the people for their full and free investigation, discussion and decision; but no provision hath been made for ascertaining the privileges, or defraying the expences of the members of the said convention, during their session, and travelling to and from the same,

stitution, provision for.

II. Be it therefore enacted by the General Assembly, That the members of the said state convention, chosen in conformity to the said resolution of the twenty-fifth day of October last, shall have, possess, and enjoy, in the most full and ample manner, all and every the pri vilege and privileges which members elected to, and