Gambar halaman

P. L. 15.

and his decision and determination upon the same shall be binding upon us, and 26 April 1893 $ 14. final and conclusive upon the question thus submitted ; and we pledge ourselves to abide by, and carry out, the decision of the umpire when made. Witness our hands and seals, this

day of

Anno Domini one thousand eight hundred and eighty

(Signatures.] FORM OF AWARD. I, E. F., the umpire of the trade tribunal, of the judicial district, in pur- Form of award. suance of the foregoing instructions, having been sworn and having heard the parties and their proofs bearing upon the question submitted for my decision and umpirage, have decided and do hereby decide as follows (here insert distinctly the decision]: and do hereby certify to the president judge of the judicial district that this is my award and determination of the subject-matter to me referred. Witness my hand and seal, at this

day of A. D. 1884

[L. S.]



1. The governor requested to proclaim. 1. The governor of this commonwealth be requested to appoint a day to be designated as “ Arbor Day,” in Pennsylvania, and to recommend, by proclamation to the people, on the day named, the planting of trees and shrubbery in public Governor to fix

and proclaim an school grounds and along public highways, throughout the state.

"Arbor day."

17 March 1865.

P. L. 800.

P. L. 118.

of Archives.

ARCHIVES. 1. Publication of ten additional volumes provided 3. Number. Style of printing and binding, for.

4. General index. 2. Compensation of editor. 1. The secretary of the commonwealth is hereby directed to have prepared for 23 May 1893 $ 1. publication ten additional volumes of the third series of archives, comprising the documents and papers connected with the affairs of the provincial and state gov- Secretary of the ernments of a date prior to the war of one thousand eight hundred and twelve and Commonwealth to fourteen, and that copies of all such papers as may be required by the editor have prepared for thereof shall be furnished by the department in which they are on record without additional volumes expense.

2. The editor of the aforesaid volumes directed to be published 'shall be paid Ibid. $ 2. for his services in selecting and arranging of the copy, reading the proofs, making Compensation of indices, the sum of five hundred dollars upon the completion of each volume. 3. The number of copies to be printed of each volume to be uniform in printing

Ibid. $ 8. and binding, as in previous series, shall be two thousand, one complete set thereof

Number; style o to be furnished each member of the legislature of one thousand eight hundred and printing and bind ninety-three, the governor and heads of all departments, the remaining copies to îng. be sold by the secretary of the commonwealth at one dollar per volume : Provided Distribution. also, That copies may be furnished by the governor to such of the incorporated libraries in Pennsylvania as he may deem proper.

4. A general index of the second series of Pennsylvania archives be prepared Ibid. & 34. under the direction of the secretary of the commonwealth to be published uniform General index to with the series and numbered volume twenty, and the sum of one thousand dollars be prepared. is hereby appropriated for the preparation thereof.







1. Motions for arrest of judgment to be heard in banc.

2. Costs on arrest of judgment.

3. Judgment not to be arrested for defect in jury process.

Motions for new trials, &c., to be heard in banc.

P. L. 460.

28 March 1835 8 8. 1. Motions for new trials and in arrest of judgment, and questions on reserved P. L. 91.

points which may be made and sustained before any one of the judges of the said (district] court, shall be reserved by the said judges, and heard and decided by the three judges of the said court, or any two of them sitting together for that

purpose. 2 Aug. 1642 $ 12. 2. In all cases where judgment shall be arrested on account of the insufficiency

of the declaration, a new suit shall not be commenced for the same cause of action, Costs on arrest of until the costs shall be paid in the first suit, as in cases of a verdict and judgment judgment. for defendant.(6) 21 Feb. 1814 1.

3. No verdict hereafter given in any court, civil or criminal, in this common

wealth, shall be set aside, nor shall any judgment in any court be arrested or Judgment not to reversed, nor sentence stayed, for any defect or error in the precept issued for any be arrested for de- court, or in the venire issued for summoning and returning of jurors, or for any fect in jury

defect or error in drawing, summoning or returning any juror, or panel of jurors ; process.

but a trial, or an agreement to try on the merits, or pleading guilty, or the general issue, in any case, shall be a waiver of all errors and defects in or relative and appertaining to the said precept, venire, drawing, summoning and returning of jurors.

6 Sm. 111.









(6) See Work v. Maclay, 14 S. & R. 265. Smith v. Sharp, 5 W. 292.




I. OF ASSIGNMENTS FOR THE BENEFIT OF 13. To make return thereof. Distribution. Audi. CREDITORS.

tors. Re-sale. Issue. Writ of error.

14. Amendment of return. 1. Certain corporations not to make assignments 15. Proceedings where improvement companies without the consent of their creditors.

make assignments, in contravention of the resolution 2. Preferences in assignments to be void. Except of 21 January 1843. Scire facias to issue, with notice for wages.

to the assignees, &c. 3. Stipulation for a release to be deemed a prefer

4. Wages to be entitled to a preference. Limita- II. PROCEEDINGS ON ASSIGNMENTS. tion. 5. Landlord entitled to one year's rent.

16. Assignments to be recorded within thirty days. 6. Proceedings on assignment by one indebted to 17. Where assignments by non-residents to be rethe state. When execution may be suspended. Real corded. Purchasers without notice, not to be affected. estate may be released on payment of proceeds to the 18. Assignees to file au inventory. commonwealth. Notice of sale to be given by the 19. Appraisers to be appointed. trustees.

20. Their duties. 7. Orders may be made for the sale of real estate. 21. And compensation. Notice of sale. All aliens to be discharged. Excep- 22. Assignees to give bond. tions. Assiguees to give bond. Notice to lien-cred. 23. Form of bond. itors.

24. Assignees may appeal, or bring writ of error. 8. Private sale authorized.

25. Without paying costs or giving security. 9. Repealing clause.

26. Household furniture, &c., not exceeding $300 10. Stay of execution.

in value, to be set aside for the assignor's family. 11. Proceedings to obtain possession. Mechanics' 27. When a reconveyance of the assigned estate liens not to be affected.

may be decreed. Deed. 12. Assignees to accept receipt of purchasers en- 28. Security, how given. titled to proceeds.

P. L. 367.

assignments without the consent of

I. Of assignments for the benefit of creditors. 1. It shall not be lawful for any company incorporated by the laws of this com- 21 January 1843. monwealth, and empowered to construct, make and manage any railroad, canal or other public internal improvement, while the debts and liabilities, or any part Certain corporathereof incurred by the said company to contractors, laborers and workmen em- tions not to make ployed in the construction or repairs of said improvement remain unpaid, to execute a general or partial assignment, conveyance, mortgage or other transfer of their creditors. the real or personal estate of the said company, so as to defeat, postpone, endanger or delay their said creditors, without the written assent of the said creditors first had and obtained; and any such assignment, conveyance, mortgage or transfer shall be deemed fraudulent, null and void, as against any such contractors, laborers and workmen, creditors as aforesaid. (c)

2. All assignments of property in trust which shall hereafter be made by debtors 17 April 1843 $ 1. to trustees, on account of inability at the time of the assignments to pay their debts, to prefer(d) one or more creditors (except for the payment of wages of Preferences in labor), shall be held and construed to inure to the benefit of all the creditors in assignments to be proportion to their respective demands,(e) and all such assignments shall be sub- void. ject in all respects to the laws now in force relative to voluntary assignments : Provided, That the claims of laborers thus preferred shall not severally exceed the sum Except for wages. of fifty dollars.

P. L. 278.

(C) A civil engineer is not a laborer or workman, Siegel v. Chidsey, 28 Ibid. 279. Guy v. McIlree, 26 within the protection of the act. Pennsylvania and Ibid. 92. It goes no further than to forbid preferences Delaware Railroad Co. v. Leuffer, 84 P. S. 168. Nor in and by the instrument by which the debtor surà sub-contractor. McBroom's Appeal, 84 Ibid. 92. renders to his creditors all dominion over his propHart's Appeal, 96 Ibid. 355. The act creates a lien oferty. Worman v. Wolfsberger, 19 P. S. 59, 61. indefinite duration on the road, in favor of the per- Hutchinson v. McClure, 20 Ibid. 63. Morgan's Apsons enumerated therein, which has precedence over peal, Ibid. 152. Gritsin v. Rogers, 38 Ibid. 382. Johnevery right that can be acquired by or under any son's Appeal, 103 Ibid. 373. But it applies to a partial mortgage made after the debt was contracted; and assignment for the benefit of particular creditors. which is not merged in any judgment obtained by the Appeal of Miners' Bank, 57 Ibid. 193; s. c. 6 Phila. preferred creditor for his claim, nor by any proceed- 3:42. It does not prohibit the assignment of a chose in ings in scire facias upon such judgment; in whatever action for the purpose of securing a particular debt. shape the debt may be, it has the benefit of the privi- Mellon's Appeal, i Gr. 212. Nor an assignment of lege given by the act. For v. Seal, 22 Wall. 424. partnership property for the payment of the firm Tyrone and Clearfield Railway Co. v. Jones, 79 P.S. debts. Baker's Appeal, 21 P. S. 77, 83. Hubler v. 60. Shamokin Valley and Pottsville Railroad Co. v. Waterman, 33 Ibid. 414. An insolvent debtor may Malone, 85 Ibid. 25. The act of 1862, infra 12, pro- prefer one creditor, either by judgment or deed, in vides a remedy for its enforcement; but it does not any manner except by an assignment in trust. York extend the privileges conferred. Hart's Appeal, 96 County Bank v. Carter, 38 P. S. 446. P. S. 355.

(e) The act does not invalidate the assignment. (d) Judgments confessed to secure creditors are not Lau v. Mills, 18 P. S. 185. Wiener v. Davis, Ibid. 331. such preferences as are avoided by this act. Blakey's Nor does it prohibit a composition with a part of the Appeal, 7 P. S. 449. Breading v. Boygs, 20 Ibid. 37. creditors. Ibid. Uhler v. Mauljair, 23 Ibid. 481.

P. L. 480.

Wages to be en


P. L. 122.

to receive one

Costs to be first

P. L. 699.

16 April 1819 $ 1. 3. Any condition in assignments of property made by debtors to trustees on P. L. 661.

account of inability at the time of the assignment to pay their debts, within the Stipulation for a re- meaning of the act entitled “ An act to prevent preferences in assignments,” lease to be deemed approved April 17th 1813, for the payment of the creditors only who shall execute & preference.

a release,(9) shall be taken as a preference in favor of such creditors and be void, and the assignment be held and construed to inure to the benefit of all the credit

ors in proportion to their respective demands.(h), 22 April 1854 $ 1. 4. In all assignments of property, whether real or personal, which shall hereafter

be made by any person or persons or chartered company, to trustees or assignees,

on account of inability, at the time of the assignment, to pay his or their debts, the titled to a prefer- wages of miners, mechanics and laborers employed by such person or persons or

chartered company, shall be first preferred and paid by such trustees or assignees, Limitation. before any other creditor or creditors of the assignor: Provided, That any one claim

thus preferred shall not exceed [one hundred] dollars.(i) 26 May 1891. 5. In all cases where a tenant or tenants shall make any assignment for the

benefit of creditors, of goods and chattels, upon demised premises and which are Landlord entitled liable to distress by the landlord for rent, the landlord shall be first entitled to

receive, out of the proceeds of the sale of such goods and chattels by the assignee year's rent.

or assignees, any sum or sums of money due him for rent of such demised premises at the time of the making of such assignment, not exceeding one year’s rent: Pro

vided, That if the proceeds of the sale by the assignee or assignees shall not be paid.

sufficient to pay the landlord and the costs of the assignment, the landlord shall be entitled to receive the proceeds of sale, after deducting so much for costs as he

would be liable to pay in case of a sale under distress.(k) 6 May 15.50 $ 6. 6. In all cases where any trust or security for the general benefit of creditors

of any person indebted to the commonwealth, or for the specific benefit of the commonwealth, in respect of any debt or accountability of any such person, shall have been or shall be in good faith created, it shall be lawful for the state treasurer, with the approbation of the auditor-general, at their discretion, to suspend

proceedings by execution for the collection of such debt or accountability, while may be suspended. such trust is in the due course and progress of fulfilment; and when the comEstate may be re- monwealth shall have any lien upon property real or personal, for any such debt or leased on payment accountability to release any such estate real or personal, that may from time to monwealth. time be sold in the due execution of such trust, upon payment of the entire net

proceeds of such sale or sales to the commonwealth on account of such debt or

accountability, or upon due application of the same, in or towards the payment of Trustees to give any admitted prior incumbrances thereon: Provided, That at least fifteen days'

notice of such sale shall be given to the auditor-general or state treasurer by the

said trustee or trustees. 17 Feb. 1876 $ 1. 7. Whereas, It frequently occurs in assignments for the benefit of creditors,

where the assignor the owner of a number of tracts of land, incumbered to Orders may be such an extent that it is impossible to ascertain definitely whether a sufficient made for the public amount can be realized to discharge all the liens whereby the titles made by the

assignees are regarded as doubtful, and the assignees are thereby unable to make advantageous sales of said real estate: Therefore, in all assignments for the benefit of creditors it shall and may be lawful for the several courts of common pleas of this commonwealth, upon application of the assignees of insolvent debtors, setting forth that the personal estate is insufficient for the payment of the debts, and the real estate incumbered with liens to such an extent as to render it difficult to determine whether the same can be sold for enough to pay all the liens as aforesaid, to grant an order, where the said court shall deem it for the manifest interest of all parties, authorizing and empowering the said assignees to make public sale of such real estate, or so much thereof as shall be deemed necessary, at such place and upon such terms as the said court shall direct :(l) of which sale notice shall be

Proceedings on as-
signment by one
indebted to the
When execution

notice of sale.

P. L. 1.


Notice of sale.

(9) This provision was occasioned by the decision (k) This act is not retroactive. Glazier's Estate, 33 in Lea's Appeal, 9 P. S. 504. An assignment, stipu- W. N. C. 310. The act 12 June 1878, P. L. 207, tit. lating for a release, is not void, because the grantor's “Wages,' gives claims for wages priority over claims wife does not join therein. Breitenbach v. Dungan, for rent. 5 Clark 236. A creditor who has a lien upon a partic- (1) The court will not make an order of sale, under ular portion of the assigned estate, out of which he this act, where the liens are far in excess of the value realizes a part of his claim, is nevertheless entitled to of the property; in such case, the general creditors a dividend on the whole claim, out of the general have no interest. John's Estate, 14 Phila. 623. Nor assets in the hands of the assignee. Kein's Appeal, where it consists of a single tract, and is under levy 27 P. S. 43. Miller's Appeal, 35 Ibid. 481. Patten's by virtue of an execution issued on a judgment Appeal, 15 Ibid. 151.

containing a waiver of stay of execution. Wright's (h) The remainder of this section is repealed by Estate, 1 Susq. L. Chron. 22. A sale will not be act 4 May 1852, § 5, P. L. 581, occasioned, doubts ordered where the liens are greatly in excess of the less, by the construction given to it in Summers's appraised value of the real estate. Hill's Estate, 1 Appeal, 16. P. S. 169; which case, however, was C.C. 581. Vor where the only apparent purpose is formally overruled by the supreme court, in Hutchin- to enable the assignee to earn commissions. "Bett's son v. McClure, 20 Ibid. 63. Guthrie's Appeal, 1 Am. Estute, Ibid. 587. See Zimmerman v. Sprecker, 5 L. R. 218.

Lane. 261. A sale under this act discharges all exist(i) See title “ Wages." Gitt's Estate, 13 Phila. ing liens. Herbst's Appeal, 90 P. S. 353; it divests the 494. And see Preston's Estate, 1 Chest. Co. R. 517, dower of the widow. Youngs v. Hannus, 1 C. C. 579. as to the things upon which the preference given to Hill's Estate, Ibid. 581. A sale (lischarged of liens wages will operate.

may be ordered whenever it is difficult to determine

P. L. 4.

P. L. 129.

vate sale.

P. L. 4.

given twenty days prior thereto, by handbills and publication in at least two news- 17 Feb. 1676 $ 1. papers in the county where said lands are situated, should two newspapers be published in said county, one of which may be German, if such be published in the county; which sale or sales, after being confirmed by said court, shall dis- All liens to be dis

charged. charge all liens against the real estate so sold:(m) excepting that where the lien

Exceptions. of a mortgage upon real estate is or shall be prior to all other liens upon the same property, except other mortgages, ground-rents and the purchase-money due the commonwealth, the lien of such mortgages shall not be destroyed, or in any way affected, by any, sale made by virtue or authority of any (order of) sale made under the provisions of this act; and the proceeds arising therefrom shall be appropriated to liens extinguished by virtue of such sale, according to their priority: Provided, Before said sale is authorized, the assignee or assignees shall assignees to give file a bond(n) with two approved sureties, in double the estimated value of said bond. real estate. conditioned for a faithful appropriation of the proceeds thereof : And provided further, That the court shall require such proof of notice of such intended Notice to lienapplication to have been given to the lien-creditors or their attorneys, as said court creditors. shall deem sufficient to give said lien-creditors an opportunity to be heard, touching said order of sale.(o)

8. From and after the passage of this act, it shall and may be lawful for the 24 May 1598 $ 1. several courts of common pleas of this commonwealth, in all cases where under existing laws the court has power to order the public sale of real estate assigned for Court may decreo the benefit of creditors, may decree and approve a private sale or may contirm a pri- and approve a private sale returned under an order for a public sale, if, in the opinion of the court, under all the circumstances, as good or a better price can be obtained at private than at public sale, upon such notice being given to all lien-creditors in such manner as the court may direct. 9. All acts or parts of acts inconsistent with the provisions of this act be and the

Ibid. § 2. same are hereby repealed. 10. Whenever said court shall grant an order of sale as aforesaid, said court may 17 Feb. 1576 $ 2.

Repeal. order a stay of execution on all liens that may be divested by such sale by the assignee, until said order shall be expended or revoked: Provided, That it shall be lawful for said court to extend any order of sale granted as aforesaid, or to award Stay of execution. an alias or pluries order of sale.

11. Whenever any such assignee shall make sale, either public or private, of any Ibid. & 3. real estate assigned under the deed of assignment, and the assignor, or any person, Proceedings to should refuse to surrender possession of the real estate so sold to the purchaser at obtain possession. said sale, it shall thereupon be lawful for said purchaser, after having fully complied with the terms of said sale, to file a petition in the court of common pleas of the proper county, setting forth the facts; and the said court shall thereupon direct notice of the filing of such petition to be served upon the person in possession, and requiring him or her to show cause, within ten days from the time of service of such notice, why possession should not be surrendered to such purchaser; the court shall, upon the filing of such petition and answer, or if no answer be filed, then upon the expiration of the ten days aforesaid, hear and determine whether or not the purchaser is entitled to possession, and if so, make an order directing the sheriff to deliver to such purchaser possession of the premises: Provided, That the liens of Mechanics' liens mechanics and material-men shall not in any way be invalidated or impaired by not to be affected. any of the provisions of this act; but the same shall in all cases be entitled to receive out of the proceeds of sale whatever sum they may be legally entitled to, according to right and priority of lien.

12. Whenever the purchaser or purchasers of real estate at assignee's sale, made 10 June 1831 $ 1. under the act of assembly, approved the seventeenth day of February, one thousand eight hundred and seventy-six, entitled “ An act to enable assignees for the benefit Assignees to acof creditors to make sales of real estate encumbered by liens,” shall appear, from cept receipt of. the proper records, to be entitled as a lien-creditor to receive the whole or any por- to proceeds. tion of the proceeds of said sale, it shall be the duty of the said assignee or assiguees to receive the receipt of said purchaser or purchasers for the amount which he or they would appear from the record as aforesaid to be entitled to receive: Provided, That this section shall not be so construed as to prevent the right of said assignee or assignees to demand and receive at the time of said sale a sum sufficient to cover all legal costs, entitled to be paid out of the proceeds of said sale.

P. L. 102.

whether the property can be sold for enough to pay 91 Ibid. 522. Strickler's Estate, 2 Pears. 307. Otherall the liens. Thompson's Appeal, 126 P. S. 467. A wise, if the fund be invested, and is drawing interest. sale discharged of liens with the consent of lien-cred- Brownsville Deposit and Discount Bank's Appeal, 96 itors, but without an order of court, will be enjoined. P. S. 317. Glenn v. Mickey, 130 P. S. 586. A sale under this act (n) This bond is merely cumulative; it does not discharges the lien of unpaid purchase money, which relieve the original sureties from their liability on the can be shown to have been unpaid. lander's Estate, bond required under the act 14 June 1836. Rhain 7 C. C. 482.

v. Commonwealth, 102 P. S. 450. (m) A sale under this act is a judicial one, and con- (0) The stay does not extend to a codefendant in sequently, the liens only bear interest to the time of the judgment. Rosenheim v. Jorgan, 13 Phila. 519. confirmation. Carver's Appeal, 89 P. S. 276. Tom Nor will such order be made, where there is a special linson's Appeal, 90 Ibid. 224. Burkholder's Appeui,

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