L. 293.

directors or trustees of any dissolved company shall be settled in such court, and 9 April 1856 § 1. be approved thereby; and dividends of the effects shall be made among any corporators entitled thereto, as in the case of the accounts of assignees and trustees: Property not to be Provided further, That no property devoted to religious, literary or charitable diverted from charuses shall be diverted from the objects for which they were given or granted: &c. Provided, That the decree of said court shall not go into effect, until a certified copy thereof be filed and recorded in the office of the secretary of the commonwealth.(p)

itable purposes,

116. The "proper county" intended by said act, approved as aforesaid, may be 4 April 1872 § 1. at the option of any corporation praying for permission to dissolve in the way and P. L. 40. manner in said act designated, either the county in which the principal operations What courts to of the corporations are conducted, or that county in which its principal office or have jurisdiction. place of business is located: Provided, That notice of said application shall be given, Notice of applicaby publication in two papers in the county in which the principal operations are conducted, and that in which the principal office is located.

tion.

15 April 1891. P. L. 15.

117. Whensoever it has occurred or shall happen that any corporation has been or shall be dissolved, whether by decree of court, expiration of time or otherwise, owning land or other real estate within this commonwealth, it shall and may be sale of real estate lawful for the court of common pleas of the county wherein the real estate is, or upon dissolution. shall be located, upon the petition of any one or more of the shareholders or corporators, or their legal representatives, and personal notice to, and service upon, all known parties in interest whose places of residence are known, and such further notice by advertisement to others interested as the court may direct, if no reasonable and sufficient cause be shown to the contrary, to authorize the sale of such real estate, in fee simple, at either public or private sale, upon such terms as the court may designate, by a trustee to be appointed for that purpose, which trustee, before making such sale, shall give security for the faithful application of the proceeds of such sale according to law, to be approved by the court, in double the probable value of the land to be sold, and the proceeds of such sale shall be distributed by the party making the same, as part of the defects of the defunct corporation, to creditors or shareholders, as the said court may adjudge them to be entitled, and if said corporation had made sale of real estate and had not conveyed the same, such court may decree conveyance in specific execution of such contract in manner aforesaid. (q)

118. Whenever any corporation incorporated under the laws of this common- 26 April 1893 § 1. wealth shall be dissolved by judgment of ouster upon proceedings by quo warranto P. L. 26. in any court of competent jurisdiction, the said court, or in vacation any one of the Court may aplaw judges thereof, shall have power to appoint a receiver, who shall have all the point a receiver powers of a receiver appointed by a court of chancery, to take possession of all upon dissolution the estate, both real and personal thereof, and make distribution of the assets ouster. among the persons entitled to receive the same according to law. The powers Receiver to superof such receiver may continue as long as the court deems necessary for said sede assignee in poses, and he shall be held to supersede an assignee of the corporation in posses

sion.

pur

by judgment of

possession.

Ibid. § 2.

119. The provisions of this act shall also apply to any corporation that has been heretofore dissolved by judgment of ouster upon proceedings of quo warranto in any court of competent jurisdiction, the affairs of which have not been settled and ration heretofore adjusted.(r)

XXXII. Actions against corporations.

(1.) Proceedings in actions against corporations. (s).

To apply to corpodissolved.

6 Sm. 439.

120. In cases in which a corporation shall be a party in any suit in any court or 22 March 1817 § 6. before any magistrate, all the proceedings, except as regulated by this act, shall be the same as directed by law in other similar cases. (t)

121. [Rules of reference, and] all notices whatsoever, may, where a corporation is a party in any suit, be served on the president or other principal officer, or cashier, or secretary or chief clerk of such corporation.(u)

Ibid. § 5.

How notices to be served.

122. Every corporation, aggregate or sole, (v) shall be amenable to answer upon 13 June 1836 § 41. a writ of summons as aforesaid, and in the case of a corporation aggregate, except P. L. 579. counties and townships, service thereof shall be deemed sufficient, if made upon To be sued by the president or other principal officer, or on the cashier, treasurer, secretary or summons, and chief clerk of such corporation, in the manner hereinbefore provided. (w)

(p) See supra 25; and tit. "Taxes." And see act 28 May 1872, as to the dissolution of fire companies, in the city of Philadelphia. P. L. 1171.

(4) This is an amendment of the act 20 April 1874, § 1. P. L. 110.

(r) This act does not apply to a case where the affairs of a corporation, after judgment of ouster are, at the date of its passage, in course of adjudication. Commonwealth v. Order of Vesta, 156 P. S. 531. Matter of Fraternal Guardians, 34 W. N. C. 218.

(8) See tit. "Actions Personal," pl. 8 note (g).

service thereof.

(t) In a suit by a corporation, under the general issue, the plaintiffs are not required to exhibit or prove their act of incorporation: the want of it must be pleaded in abatement, or specially in bar. Rheem v. Naugatuck Wheel Co., 33 P. S. 358. "Arbi

(u) Supplied as to rules of reference, see tration." See tit. "Taxes." See Bank of Pittsburgh v. Whitehead, 10 W. 402. Custer v. Tompkins County Bank, 9 P. S. 27.

(v) Eby v. Northern Pac. R. R. Co., 13 Phila. 144. (1) The summons must be served at the place

13 June 1836 § 42. P. L. 579.

123. In actions for damages, occasioned by a trespass or injury done by a corporation, if the officers aforesaid of such corporation, or any of them, shall not Service of process, reside in the county in which such trespass or injury shall be committed, it shall be in case of trespass. lawful to serve the summons upon any officer or agent of the corporation, at any office or place of business of the corporation within the county, or if there be no such office or place of business, it shall be lawful to serve the summons upon the president or other principal officer, cashier, treasurer, secretary or chief clerk, in any county or place where they may be found.(x)

16 March 1833 § 1. P. L. 78.

Process may be served on toll

ration.

124. The service of any civil process upon the toll-gatherer of any incorporation, in the proper county, and next to the place where the damage or damages shall have been committed, shall be held as good and valid in law, as if served on the president or other principal officer, or the cashier, treasurer, secretary or chief gatherer of corpo- clerk of the corporation as aforesaid; and upon such service, the like proceedings shall be had as is directed by the aforesaid act to which this is a supplement : Provided, That where a suit shall be commenced and the process served on the toll-gatherer, it shall be the duty of the plaintiff, his agent or attorney, to cause reasonable notice to be given to some one of the officers of the company aforesaid, of the commencement of any such suit, before trial and final judgment.(y)

21 March 1842 § 8. P. L. 145.

Service of process on railroad and canal companies.

15 March 1847 § 2. P. L. 361.

How process served on corporations whose princi

pal office is located out of the state.

125. When any action is commenced by any person or persons, or bodies corporate, against an incorporated railroad or canal company, in any county in which the corporate property of such company is wholly or in part situated, it shall be lawful, if the president, treasurer, secretary or chief clerk of such corporation does not reside, or cannot be found in such county, for the sheriff or other officer to whom such process is directed, to serve the same on any manager or director of such company, being in such county, and the service so made shall be deemed sufficient; and in case no director or manager can be found in the county, it shall be lawful for such officer to go into an adjoining county to serve the process as hereinbefore stated.

126. In all cases where any company has been incorporated by this commonwealth, and the principal office for the transaction of business thereof shall be located out of this state, or where the president, treasurer, cashier or other principal officer of such company shall reside out of this state, it shall be lawful to sue such company in any county of this state where the works of such company shall be located, or adjoining thereto, or where any director, manager or other officer of such company shall reside; and service of legal process upon such director, manager or other officer shall be valid and effective upon said company; and such company shall be taken, both in law and in equity, for every purpose of legal proceeding, to be located in this state; and shall also be liable to the writs of quo warranto, mandamus, attachment and execution; and service of such writ upon any sequestration may manager, director or other officer of such company, shall be, to all intents and purposes, as effective, as if served upon the president of such company, and he resident of this state, and as if the locality of such company's office were within this state; and any property, of any description, of such company, which would be liable to attachment or execution, if the same were located in this state, shall be taken to be in this state for such purpose; and shall be liable to levy and sale, in the same manner as if the officers of said company were located in the county of this state in which the same is made liable to be sued by the provisions of this act.

When writ of

issue.

8 April 1851 § 6. P. L. 354.

How process may be served on corporations having an agency in any county.

17 March 1856 § 1. P. L. 3SS.

Service of process

on directors, &c., of corporations.

127. In any case when any insurance company or other corporation shall have an agency or transact any business in any county of this commonwealth, it shall and may be lawful to institute and commence an action against such insurance company or other corporation, in such county, and the original writ may be served upon the president, cashier, agent, chief or any other clerk, or upon any directors or agents(z) of such company or corporation, within such county, and such service shall be good and valid in law, to all intents and purposes. (a)

128. When any action is commenced by any person against any corporation, in any county in which the property of said corporation was wholly or in part situated, it shall be lawful, if the president, treasurer, secretary or chief clerk do not reside or cannot be found in such county, for the sheriff or officer to whom any process may be directed, to serve the same on any manager or director, in such county, and the service so made shall be deemed sufficient; and in case no director

where the corporation is located. Brobst v. Bank of Pennsylvania, 5 W. & S. 379. A public municipal corporation can only be sued in the courts of the county where it is situated. Lehigh County v. Kleckner, Ibid. 181.

(x) Service upon an officer of a foreign corporation, whilst within the jurisdiction of our courts, is irregular. Combs v. Bank of Kentucky, Bright. 63. But see infra 127. Brobst v. Bank of Pennsylvania, 5 W. & S. 381. On certiorari, parol evidence cannot be received to alter or amend the officer's return. Ohio and Pennsylvania Railroad Co. v. Brittian, 1 Pitts. 271.

(y) This section appears to be supplied by act 13 June 1836, § 41, supra 122, except, perhaps, as to proceedings before justices.

(z) This only applies to agents of foreign corporations. Cochran v. Library Co., 6 Phila. 492. The service of a summons on a travelling agent of an insurance company, or upon one only authorized to effect insurances, is not a valid service upon the company. Parke v. Commonwealth Insurance Co., 44 P. S. 422.

(a) A personal service on such officer is not required. Grubb v. Lancaster Manufacturing Co., 10 Phila. 316.

P. L. 388.

or manager can be found in such county, it shall be lawful for the sheriff or other 17 March 1856 § 1. officer to whom such process is directed, to go into any county to serve the process aforesaid.

P. L. 449.

another may

129. In all cases where any company has been incorporated by this common- 11 April 1862 § 2. wealth, and the principal office for the transaction of business thereof shall be located out of this state, and where none of the officers upon whom process can Where corporabe served, under the existing laws of the commonwealth, reside in the state, it tions whose princishall be lawful to sue said company, in any county in this state where the said other state company, at any time, transacted the business thereof, or where the works or real be sued. estate of such company were located; and such legal process may be served on Service of process. such company, by publication of a copy of the process in such newspaper as the court may direct, for six weeks previous to the return-day; and for every purpose of legal proceeding, such company shall be taken, both in law and equity, to be located in this state, and shall be liable to writs of quo warranto, mandamus, attachment and execution, and service of such process, by publication as aforesaid, shall be, to all intents and purposes, as effective as if served upon the president of such company, or other officer of the same, and he or they resident of the proper county of this state, and as if the company's office were within the state; and any property, of any description, of such company, within the state, shall Attachments and be liable to attachment and execution; and any such property, which would be executions. liable to attachment or execution, if the said office were located in this state, shall be taken to be in this state for such purpose, and shall be liable to levy and sale, in the same manner as if the officers of said company resided in the county in this state, in which the same is liable to be sued by the provisions of this

act.

P. L. 361. Bail in error.

130. When any corporation (municipal corporations excepted), being sued, shall 15 March 1847 § 1. appeal or take a writ of error, the bail requisite in that case shall be taken absolute, for the payment of debt, interest and costs on the affirmance of the judgment. 131. So much of the 1st section of the act passed on the 20th day of March 25 April 1850 § 12. P. L. 571. 1845,(b) entitled "An act concerning bail and attachments," as pertains to appeals from the awards of arbitrators, shall from henceforth be construed to extend to all Bail on appeal such appeals, whether made by persons natural or artificial.(e)

from award. Ibid. § 7.

132. The provisions of the act passed the 27th March 1713, (d) entitled “An act for the limitation of actions," shall not hereafter extend to any suit against any Act of limitations corporation or body politic which may have suspended business, or made any not to extend to transfer or assignment in trust for creditors, or who may have, at the time and insolvent corporaafter the accruing of the cause of action, in any manner ceased from or suspended the ordinary business for which said corporation was created.

tions.

133. In all cases where railroad or other corporations, not municipal,(e) shall 8 May 1866 § 1. be liable, either as principals or guarantors, to pay the interest on bonds, the P. L. 116. validity of which bonds shall have been established by a court of competent juris- Costs of suits for diction, and such corporations subject the holders of such bonds to the necessity interest to include of bringing suits to recover the said interest, the said corporation shall, in addition counsel fees. to the ordinary costs of suit, pay the fees of plaintiff's counsel, not exceeding ten per cent on the amount recovered.(g)

134. The true intent and meaning of an act, entitled "An act compelling rail- 16 March 1871 § 1. road and other corporations to pay fees of plaintiffs in certain cases," approved P. L. 231. May 3d, 1866, be and is hereby declared to be, that corporations named in said When to be liable act shall only be liable to pay the plaintiffs' counsel fees, in case said corporations for plaintiff's counhave contested the validity of the bonds for the recovery of the interest on which sel fees. suit has been brought, and such validity has been established by a court of competent jurisdiction.

135. In every suit or judicial proceeding, in this commonwealth, to which a corporation is a party, the existence of such incorporation shall be taken to be admitted, unless it is put in issue by the pleadings.

24 June 1885. P. L. 149. Unless put in issue existence admitted.

19 June 1871 § 1.

P. L. 1862.

136. In all proceedings in courts of law or equity of this commonwealth, in which it is alleged that the private rights of individuals, or the rights of franchises of other corporations, are injured or invaded by any corporation claiming Franchises of corto have a right or franchise to do the act from which such injury results, it shall porations may be be the duty of the court in which such proceedings are had, to examine, inquire inquired into. and ascertain whether such corporation does in fact possess the right or franchise to do the act from which such alleged injury to private rights, or to the rights and franchises of other corporations, results; (h) and if such rights or franchises have not been conferred upon such corporation, such courts, if exercising equitable Injunctions.

(b) See tit. "Arbitration."

(c) See Catasangua Manufacturing Co. v. Lehigh Car Manufacturing Co., 14 Phila. 644. Delong v. Allentown R. R. Co., 1 Wood. 191.

(d) See tit. "Limitation of Actions."

(e) The county of Allegheny is specially exempted from the provisions of this act, by act 25 March 1868. P. L. 470.

(g) Where the coupons of a railroad company had

been unpaid for some years, for want of funds, and the company subsequently offered to pay a holder the amount of his coupons, without interest; in a suit which was defended on the ground that the coupons had not been presented for payment, it was held, that this act did not apply. North Pennsylvania Railroad Co. v. Adams, 54 P. S. 94. And see infra 134.

(h) See Western Penn. R. R. Co.'s Appeal, 104 P. S. 399.

P. L. 1362.

19 June 1871 § 1. power, shall, by injunction, at suit of the private parties or other corporations, restrain such injurious acts; and if the proceedings be at law, for damages, it shall be lawful therein to recover damages for such injury as in other cases.(i)

Ibid. § 2.

tion as to railroad crossings.

137. When such legal proceedings relate to crossings of lines of railroads by other railroads, it shall be the duty of courts of equity of this commonwealth to Equitable jurisdic- ascertain and define, by their decree, the mode of such crossing which will inflict the least practicable injury upon the rights of the company owning the road which is intended to be crossed; and if, in the judgment of such court, it is reasonably practicable to avoid a grade crossing, they shall by their process prevent a crossing at grade.(k)

14 April 1828 § 1. 10 Sm. 213.

How discovery of

the effects of a

defendant corpora

tion may be had.

Officers to answer interrogatories.

(2.) Executions against corporations.

138. Whenever a judgment may be rendered in any court of record against any private corporation within this commonwealth, in any civil action, and a writ of fieri facias shall be issued on such judgment, and the sheriff to whom the same may be directed shall make a return of nulla bona on the same, it shall and may be lawful for the plaintiff in such action to apply, by petition and affidavit, to the court in which such judgment has been rendered, stating that no property of the defendants can be found on which an execution may be levied, and that the party making the application verily believes that the effects of the corporation are concealed for the purpose of avoiding the payment of their debts, whereupon the said court may issue a citation, directed to the president, secretary, treasurer or other officers and members of the said corporation, commanding him or them to appear in court on a day certain, and answer such interrogatories as may be put to them touching the effects of the corporation, which citation shall be served by the sheriff; and it shall be the duty of the plaintiff to file interrogatories to be put to such officer or member, at least fifteen days before the return-day of such citation, in the office of the prothonotary of such court, and the person or persons to whom the said citation shall be directed, shall, on or before the return-day thereof, file his or their answers to such interrogatories, upon oath or affirmation, in the office of In default, attach the prothonotary; and if any person to whom such citation may be directed, shall neglect or refuse to file his answers as aforesaid, or shall file answers which, in the opinion of the court, shall be unsatisfactory, it shall be lawful for the court to issue an attachment for contempt against the person so refusing to answer, or answering unsatisfactorily.(1) And if upon the answers to such interrogatories it shall appear that any effects of the said corporation are in the possession or power of any member of the corporation, or of any other person or persons, it shall and may be lawful for the court to issue an order, in the nature of an order of sequestration, which being served by the sheriff on the person or persons in whose possession or power such effects are alleged to be, shall have the same force and effect as if he or they had been summoned as garnishees in a foreign attachment, and the like proceedings shall thereafter be had against him or them, as may be had against such garnishees, after judgment rendered against the defendant in a foreign attachment; and any debtor of the said corporation may plead such sequestration and proceedings against him, in bar of any action brought by such corporation, exactly as the garnishee in a foreign attachment may plead the proceedings in the same, in bar of an action by the defendant in the same.

ment to be

awarded.

When writ of sequestration to issue, and effect thereof.

16 June 1886 § 72. P. L. 774.

139. All executions which shall be issued from any court of record, against any corporation, not being a county, township or other public(m) corporate body, shall Form of execution command the sheriff or other officer, to levy the sum recovered, together with the costs of suit, of the goods and chattels, lands and tenements of such corporation, and such execution shall be executed in the manner following, to wit:

against corpora

tions.

Officer to demand

payment during office hours.

If not paid, per

be seized.

140. I. The officer charged with the execution of such writ, shall go to the banking-houses, or other principal office of such corporation, during the usual office-hours, and demand of the president, or other chief officer, cashier, treasurer, secretary, chief clerk or other officer having charge of such office, the amount of such execution, with legal costs.

141. II. If no person can be found, on whom demand can be made as aforesaid, sonal property to or if the amount of such execution be not forthwith paid in lawful money, after demand as aforesaid, such officer shall seize personal property (n) of said corporation, sufficient to satisfy the debt, interest and costs as aforesaid.

Or current coin, case of a bank.

in

142. III. If the corporation against which such execution shall be issued be a banking company, and other sufficient personal property cannot be found, such officer shall take so much of any current coin, of gold, silver or copper, which he may find, as shall be sufficient to satisfy the debt, interest and costs as aforesaid.(0)

(i) See Pittsburgh and Connellsville Railroad Co. v. South-west Pennsylvania Railway Co., 77 P. S. 173.

(k) This act is repealed by the act 14 May 1889 (P. L. 217), so far as it gives a discretionary power to prevent one railroad from crossing another. Pennsylvania Railroad Co. v. Braddock Electric Railway Co., 11 C. C. 163. Delaware, Lackawanna and Western Railroad Co. v. Wilkesbarre W. S. Railway Co. Ibid. 165.

(1) See Carondelet Co. v. Fairmount Insurance Association, 15 W. N. C. 125.

(m) A turnpike company in which the state holds stock, is not a public company, within this exception. Turnpike Co. v. Wallace, 8 W. 316.

(n) All the personal property of a railroad company, such as cars, rails, &c., necessary to carry on its operations, is exempt from levy under an ordinary fi. ja. Corey v. Pittsburgh, Fort Wayne and Chicago Railroad Co., 3 Phila. 173. See infra 146.

(0) See tit. "Execution." Collingridge v. Paxton,

11 C. B. 683.

143. IV. If no sufficient personal property be found as aforesaid, such officer 16 June 1836 § 72. shall levy such execution upon the real estate of such corporation, and thereupon P. L. 774. proceed in the manner provided in other cases, for the sale of land upon execu- Or real estate. tion.(p)

P. L. 189.

144. So much of the acts of the assembly passed 16th day of June 1836, entitled 20 March 1845 § 4. "An act relating to executions," as provides for the levy and recovery of stock, deposits and debts due to defendants, by process of attachment and scire facias, is Attachment in hereby extended to all cases of attachments to be issued upon judgments against execution may corporations (other than municipal corporations); (q) and from and after the issue against corporations. passage of this act, all such process, which hereafter may be issued, may be pro- Except municipal ceeded in to final judgment and execution, in the same manner, and under the corporations. same rules and regulations, as are directed against corporations, by the provisions Service of attachof the act of 16th June 1836, relating to executions; (r) and so much of the ments regulated. 36th section of the act of 16th June 1836, as requires service of the attachment on any defendant, be and the same is hereby repealed, except where the defendant

is a resident of the county in which the attachment issued.(s)

145. In all cases where the real estate of any corporation shall be sold at sheriff's 80 April 1844 § 2. sale, for the payment of bona fide debts, the purchasers shall receive titles dis- P. L. 552. charged from any right of forfeiture to the commonwealth, by reason of misnomer, Purchaser to hold limitation or defect of power in the said corporation to purchase and hold said discharged from lands; and the purchase-money shall be distributed according to priority among the lien-creditors, as in other cases.

right of forfeiture.

7 April 1870 § 1.

P. L. 58.

Fieri facias

nchises, &c.

against corporate

146. In addition to the provisions of the 62d [72] section of the act of the 16th day of June, Anno Domini 1836, relating to executions,(t) and in lieu of the provisions or proceedings by sequestration under said act, (u) plaintiff or assigns, in any judgment against any corporation not excepted by said act, may have execution (by) fieri facias(v) issued from the court wherein said judgment is entered, which shall command the sheriff or other officer to levy the sum of said judgment, with interest and costs of suit, of any personal, mixed or real property, franchises and rights of such corporation, and thereupon proceed and sell the same, excepting lands held in fee, which latter shall be proceeded against and sold in the manner provided in cases for the sale of real estate ;(w) the proceedings on judgment under the aforesaid provisions of this supplement, shall be without stay without stay. of execution: Provided, That the purchaser or purchasers of any or all of said property, real, personal or mixed, together with the franchises and rights, shall Effect of sale. take the same clear of all incumbrances, excepting any mortgage or mortgages which may legally exist at the time of levy thereupon, the lien of which shall not be affected in any manner by said sale.(x)

Ibid. § 2.

147. By virtue of any execution issued under this act, the levy may extend to the property, franchises and rights of said corporation, in any and every county of Levy may include this commonwealth, wherein the same may be, and shall be indorsed on said writ; property in other the levy and sale thereof shall be as effective as though all said property, franchises counties. and rights were located, used, levied upon and sold in the county wherein said writ of execution was issued, and shall fully divest the defendants of all interest therein.

XXXIII. Transfer of franchises.

P. L. 22.

148. The person or persons for whom or on whose account the property and fran- 17 April 1878 § 3. chises of any such corporation may be purchased, at any sale which may be had under and in pursuance of any mortgage which may be created under the pro- Rights of visions of the first section of this act, shall be and they are hereby constituted a chasers. body politic, with all the rights, immunities and privileges, and subject to all the

(p) Where the real estate of a corporation is sold in execution, the act for delivery of possession to purchasers at sheriffs' sales, applies to it, as in other cases. Oakland Railway Co. v. Keenan, 56 P. S. 198. (q) See O'Connor v. Pittsburgh, 3 Pitts. L. J. 92. Ridge Turnpike Co. v. Peddle, 4 P. S. 490.

(r) Such attachment will lie against an insolvent canal company; and its funds may be attached in the hands of a banker, with whom they were deposited by the treasurer, subject to call. Reed v. Penrose's Executrix, 36 P. S. 214. But an attachment against a railroad company cannot be levied on money in the hands of its ticket-agents, arising from the sale, by them, of tickets to passengers. Fowler v. Pittsburgh, Fort Wayne, and Chicago Railroad Co., 35 P. S. 22. (8) See tit. "Execution."

(t) The preliminaries required by the act of 1836 are essential to the validity of a levy. For's Execu tor v. Hempfield Railroad Co., 18 Pitts. L. J. 148. Where a canal company was incorporated by the joint act of Pennsylvania and Ohio, it was held, that the part of it located in Pennsylvania, could not be sold on a f. fa. Graham's Executor v. Pennsylvania and Ohio Canal Co., 3 Pitts. 341.

pur

(u) This repeals the provisions of the act of 1836, relating to sequestration. Philadelphia and Baltimore Central Railroad Co. v. McCulloch, 70 P. S. 355. Bayard's Appeal, 72 Ibid. 453. But it does not repeal the rule of distribution. Ibid.

(v) Before a fieri facias can issue under this act, a first fieri facias must issue and a demand be made under § 72 of the act 16 June 1836. This act does not give the sheriff authority to levy on property in other counties when the corporation has no property in the sheriff's own county. Hassall v. Canal Co., 2 C. C. 147. That corporate property was sold under a common fieri facias without complying with this act, cannot be taken advantage of after confirmation. Lusk's Appeal, 108 P. S. 152.

(w) See Williams v. Lawrenceville and Evergreen Passenger Railway Co., 21 Pitts. L. J. 987. Under this act, a patent-right may be taken in execution under a fieri facias against an insolvent corporation. Flagg v. Farnsworth, 13 W. N. C. 500.

(x) A fieri facias under this act was restrained because proceedings to foreclose a mortgage were pending and the plaintiff under this proviso would have no right to the proceeds. Paul v. Hassall, 42 L. I. 17.