VI. OF THE WRIT OF FIERI FACIAS, AND 62. Return of writs issued within seven days of the next term. 63. When fi. fa. to become a lien on personal estate. 64. Sheriff to indorse time of receiving writ. 65. How fi. fa. to be executed. 66. Notice of sale to be given. 101. Sheriff to advertise notice of sale. Penalty for neglect. 102. Not to advertise notice in two newspapers published in the same office, or by the same person. 103. At what time sale to be made. 104. Return when property cannot be sold. Such return not to make sheriff liable. 105. Purchasers to take the same estate in the 67. Sale of personal property may be set aside, in premises as the defendant had. certain cases. extent. 89. Remedy in case of eviction. 90. Plaintiff may elect to demise the premises to defendant, at the appraised value. To give notice of his election to sheriff. Who shall notify defendant. Defendant to notify sheriff of his willingness to retain the premises at the annual valuation. In case of neglect, vend. exp. to issue. How notices to be served. Sheriff's mileage. 91. Within what time plaintiff may give notice. 92. Time allowed to defendant. 93. On acceptance, defendant to be liable to pay to plaintiff the annual valuation, in half-yearly instalments. On failure to make payment within thirty days, vend. exp. to issue. 94. Court to make order distributing the payments among the lien-creditors. To whom such payments to be made. 95. Second extent not to be allowed, where defendant accepts. Proceedings in such cases. XI. OF THE WRIT OF VENDITIONI 96. When vend. exp. to issue. 97. How notice of sale to be given. 98. In case of unseated lands. 99. Notice of sale. 100. Penalty for neglecting to comply. 106. To hold in severalty, or as tenants in common. 107. Reversal of judgment not to affect title of pur chaser. XII. OF EXECUTIONS AGAINST LIFE ESTATES. 108. Upon levy on a life-estate, in improved lands, yielding profits, sequestrator to be appointed, on application of a lien-creditor. 109. Powers and duties of sequestrator. 110. Court may require security from sequestrator, and compel him to account. To have the powers of a court of chancery in the case. 111. Sheriff to put and keep sequestrator in possession. Penalty for disturbing possession of sequestrator, or obstructing sheriff. 112. Where no lien-creditor applies for appointment of a sequestrator, life-estate may be sold. 113. On request of defendant, appraisement of the annual value to be made by the inquest. Defendant may elect to retain the premises at the valuation. On failure to pay within thirty days, vend. exp. to issue. Sequestrator may, nevertheless, be appointed on application of a lien-creditor. No vend. exp. to issue, where the rents are sufficient to pay the interest on the debts. Such writ to issue under the direction of the court, on notice. XIII. EXECUTIONS AGAINST LANDS IN AD- 114. Duty of inquest when lands in adjoining counties are levied on. Return of inquisition. On approval by the court, vend. exp. or other necessary writ to issue. 115. Copy of docket-entry, &c., to be filed in adjoining county, &c. To be a lien. 116. Notice of sale to be given in each county. Alias and pluries writs may issue. How proceeds distributed where liens exist in both counties. 117. In case of several sales, the court of the county in which the first sale was made, to have jurisdiction over the fund. XIV. OF TESTATUM WRITS OF EXECUTION. 119. Alias and pluries testatum writs may issue. 124. Penalty for neglecting to execute testatum writ. 125. Plaintiff to enter satisfaction. XV. PROCEEDINGS WHERE LANDS ARE PUR- 127. On purchase by a lien-creditor, sheriff to take his receipt in payment. Sheriff may demand a sufficient sum of money to cover all costs. Purchaser to produce a certified copy of record. 128. How sheriff to make return. Where purchaser's right to the money is denied, an auditor to be appointed, or an issue awarded. If determined against the purchaser, sale to be set aside, unless the money be paid within ten days. In case of second sale, purchaser to be liable for deficiency. Proceedings to obtain an issue. Writ of error allowed. 129. Disposition of the fund, when issue is awarded. XVI. DISTRIBUTION OF PROCEEDS OF SHER- 130. Court to award distribution on notice. 132. Proceedings to obtain an issue. 133. Disposition of the fund, when issue is awarded. 134. Proceedings on writ of error. 135. Appeal from decree of the court allowed. 136. If writ of error or appeal be not taken within twenty days, money to be paid according to decree. 137. Proceedings to obtain writ of error or appeal. 138. Disposition of the fund, in case of writ of error or appeal. 139. Surplus to be paid to defendant. 140. Sheriff to report distribution, in Allegheny. Proceedings thereon. 141. Distribution, without payment into court. XVII. OF SHERIFFS' DEEDS. 142. Sheriff to execute and acknowledge deed to purchaser. 143. Judgment and process may be recited in deed, and such deed to be evidence thereof. 144. How deed to be acknowledged. In case of execution from supreme court. In case of testatum execution. 145. Acknowledgment to be allowed, upon proclamation, at a time appointed, or on notice. How notice to be given, when acknowledged in another court. 146. At what time deed may be acknowledged in another court. 147. Process in such case to be returned to the proper court. 148. Powers of court to which application is made to take acknowledgment. 149. Proceedings where sheriff dies, resigns or is removed. 150. Court to direct his successor to execute deed. 151. Duty of sheriff to whom such order is directed. 152. Like power to be exercised in case of defective execution of deed. 153. Proceedings in case of defective return to execution. Court may direct return to be amended, and sheriff, for the time being, to execute a deed. 154. Prothonotary's certificate of acknowledgment to be evidence, although not under seal. 16 June 1836 § 1. P. L. 761. Within what period execution may issue. 16 April 1845 § 4. P. L. 538. I. When execution may issue. 1. Execution of any judgment may be had, at any time within a year and a day (o) from the first day of the term at which it was rendered:(p) Provided, That if there be a stay of execution, the period aforesaid shall be computed from the expiration of such stay.(q) 2. It shall not be deemed error to issue any writ of execution on a judgment, in Time extended to any court, which has not been revived within a year and a day, if the same have been revived within five years.(r) five years. 16 June 1836 § 2. P. L. 762. 3. After the expiration of the period aforesaid, no execution(s) shall be issued upon any judgment, unless the party against whom it shall have been rendered, After that time, no his heirs, executors or administrators,(t) shall be first warned by a writ of scire facias, to show cause, if any he or they have, why an execution should not issue upon such judgment. execution to issue without sci. fa. 19 May 1887. P. L. 132. 4. Execution may issue upon any judgment of record in any of the courts of May issue after five this commonwealth, notwithstanding such judgment may have lost its lien upon real estate, without a previous writ of scire facias to revive the same. years. Ibid. Limited to personal property. Not to issue after twenty years. 5. Such execution shall be confined or restricted to the personal property only of the debtor, and such execution shall not issue after the lapse of twenty years from the maturity of the judgment.(u) (0) Extended to five years, infra 2. (p) If a fi. fa. be sued out within the year, an alias may issue at any time, without a sci. fa., if the continuances have been kept up by vice-comes non misit breve. Young v. Taylor, 2 Binn. 218. Lewis v. Smith, 2 S. & R. 142. Pennock v. Hart, 8 Ibid. 378. Dodge v. Casey, 1 M. 13. Shaw v. Richards, 2 Ibid. 103. Todd v. Lowe, 14 W. N. C. 550. Landouzy v. Seelos, 4 Ibid. 151. Hazzard v. Miller, 2 Wood 35. But see Comstock v. Kilchenstein, 14 W. N. C. 388. Execution may issue upon a justice's transcript filed in the common pleas, at any time within five years from the date of the same, though more than five years have elapsed from the recovering of the judgment before the justice. Rice v. Kitselman, 1 Chest. Co. R. 173. (q) If execution be stayed by agreement of parties, the time runs only from the expiration of such stay. Dunlop v. Speer, 3 Binn. 169. (r) This applies as well to original, as revived judg ments. Dailey v. Straus, 2 P. S. 401. (s) This does not include an attachment in execution, in which the defendant has a day in court. Ogilsby v. Lee, 7 W. & S. 444. Shilling v. Beidler, 2 Wood 160. S. P. Gemmill v. Butler, 4 P. S. 232. Bank of Chester v. Ralston, 7 Ibid. 482. (t) See act 24 February 1834, § 33; tit. "Decedents' Estates." (u) Where judgment is entered for want of a plea and damages subsequently assessed, the twenty years begins to run from the assessment of damages. Walker v. Wardell, 25 W. N. C. 131. Where a judgment is more than five years old, real estate cannot be taken in execution under it without a revival. Miller v. Miller, 137 P. S. 545, 548. 19 May 1887. P. L. 132. 6. At the same time execution is issued, a scire facias shall be issued to revive the judgment upon which said execution is issued; and, in case the defendant or defendants in said writs file an affidavit alleging a just and legal defence against scire facias with the revival of said judgment, it shall be lawful for the court, or a judge thereof fieri facias. in vacation, to stay the writ of fieri facias, by an order preserving the lien thereof, Fieri facias may be and to order the scire facias on the head of the list for trial at the next term for When tried. stayed until trial. the trial of civil cases. 9 May 1889. P. L. 176. 7. Where a judgment has been obtained before a justice of the peace of this commonwealth, to the amount of one hundred dollars and upwards, it shall and may be lawful for the plaintiff in such judgment, upon filing a transcript thereof Execution on a in the court of common pleas of the county in which the judgment was obtained, justice's tranto have execution thereof in said court, without first having an execution issued script without a by the justice and a return of nulla bona by a constable: Provided, however, That nulla bona by a nothing herein contained shall be construed to affect the right of the defendant in constable. such judgment to supersede the same, by the entry of bail, an appeal or certiorari, as provided by existing laws. previous return of 8 May 1889. P. L. 78. 8. Execution process may be issued to enforce all orders of court, either final or interlocutory, for the payment of costs made in any of the courts of this commonwealth, the same as on a judgment in the courts of common pleas, and shall be Execution may executed in the same manner. II. Of the stay of execution. issue for costs. P. L. 762. Freeholders to be 9. In all actions instituted by writ (v) for the recovery of money due by contract, 16 June 1836 § 3. or of damages arising from a breach of contract, (w) except actions of debt and scire facias upon judgments, and actions of scire facias upon mortgages, if the defendant(x) shall be possessed of an estate in fee-simple, within the respective entitled to stay of county,(y) worth, in the opinion of the court, the amount of the judgment recov- execution, except ered therein, or the sum for which the plaintiff may be entitled to have execution in certain cases. by virtue thereof, clear of all incumbrances, (2) he shall be entitled to a stay of execution, upon such judgment, to be computed from the first day of the term(a) to which the action was commenced, as follows, to wit: I. If the amount or sum aforesaid shall not exceed two hundred dollars, six Period of stay. months. II. If such amount or sum shall exceed two hundred dollars, and be less than five hundred dollars, nine months. Ibid. § 4. III. If such amount or sum shall exceed five hundred dollars, (b) twelve months. 10. Every defendant in any judgment obtained as aforesaid, may [upon entering security, in the nature of special bail, (c) have a stay of execution thereon,] during thirty days(d) from the rendition of such judgment; and if, during that period, he shall give security to be approved of by the court, or by a judge thereof, (e) execution on givfor the sum recovered, together with interest and costs, (g) he shall be entitled to ing security. (v) The defendant in a judgment entered on a warrant of attorney, is not entitled to a stay of execution. Slone v. King, 35 P. S. 270. Other defendants may have stay of must not only show its existence and value, but must produce evidence, by the usual certificates of search, of its being clear of incumbrances. Ibid. Hill v. Ramsey, 2 M. 342. On a plea of freehold being entered, the plaintiff may move to dismiss it for insufficiency. Hill v. Ramsey, 2 M. 342. Harrison v. Hyneman, 1 Phila. 204. Hansell v. Garwood, 1 T. & H. Pr. § 1036. If two judgments be entered on the But a same day, the defendant cannot plead his freehold for stay of execution, in either of them. Penn Bank v. Crawford, 2 W. N. C. 371. Thornton v. Knapp, 3 Luz. L. Reg. 23. (w) A plaintiff in replevin is within the act. Roe v. McCrea, 1 Ash. 16. Ballentine v. O'Neill, 1 T. & H. Pr. § 1039. So is an action of sci. fa. on a municipal claim. Northern Liberties v. Pennock, 1 T. & H. Pr. § 1039. S. P. Shelly v. Bruner, 1 W. N. C. 68. See Houghton v. Otterson, 2 Ibid. 490. garnishee in an attachment in execution is not entitled to enter bail for stay of execution. Woolston v. Adler, 1 Phila. 284; contrà, Fisher v. Elliott, 11 Ibid. 344. Nor the defendant in an action of debt on a judgment of another state. Sloat v. Prentice, 2 Am. L. Reg. 446. Nor the defendant in an action at the suit of the commonwealth. Commonwealth v. Smith, 4 Phila. 421. (r) One of several defendants, who is a freeholder, is entitled to a stay of execution. Robinson v. Narber, 65 P. S. 85. (7) Under the act of 1806, it was held, that the freehold must be within the county where the judg ment was obtained. Commonwealth v. Meredith, 5 Binn. 432. (z) The defendant must show a freehold not merely worth the amount of the judgment, or more than the incumbrances upon it, but clear of all incumbrances. Girard v. Heyl, 6 Binn. 253. See Jenks v. Grace, 1 W. N. C. 20. Hansell v. Garwood, 1 T. & H. Pr. § 1036. But he need not show title, as in ejectment; possession under color of title is, in general, all that has been required. Bidichimer v. Sterne, 1 T. & H. Pr. § 235. If the freehold be within the jurisdiction of the court, the defendant need only show its existence and value; it then rests on the plaintiff, if he object, to show an incumbrance; but if the freehold be in another county, the defendant (a) The stay of execution is to be computed from the return-day of the original process, by act 3 April 1873, infra 16. But see Morris v. Cameron, 1 T. & H. Pr. § 1039. (b) The costs of suit may be added to the amount for which judgment is rendered, in regulating the duration of the stay of execution. Hill v. Crean, 2 Clark 328. (c) The act of 12 July 1842, which abolished imprisonment for debt, in all but a few excepted cases, abolished special bail in all but those cases. Beers v. West Branch Bank, 7 W. & S. 365. Kelly v. Henderson, 1 P. S. 495. Gillespie v. Hewlings, 2 Ibid. 492. (d) The bail must be entered within thirty days from the rendition of the judgment. Erie City Bank v. Compton, 27 P. S. 195. (e) The security must, in all cases, be approved by the court, or a judge thereof; and unless it so appear upon the record, execution may be issued. Eichman v. Belvidere Bank, 3 Wh. 68. (g) As to the form of recognizance, see Commonrealth v. Finney, 17 S. & R. 282. At the expiration of the stay, the plaintiff may proceed concurrently, both against the original defendant and the bail. Patterson v. Swan, 9 S. & R. 16. 16 June 1886 § 4. the stay of execution herein before provided, in the case of a person owning real estate.(h) P. L. 762. Ibid. § 5. Stay of execution in amicable actions. 11 March 1809 § 6. 5 Sm. 17. 11. In amicable actions, the defendant shall be entitled to like stay of execution, if he possess an estate in fee-simple, or give security as aforesaid; and in such cases, the stay shall be computed from the date of their agreement, unless it be otherwise provided therein by the party. 12. And that every party may have sufficient opportunity to take out a writ of error, no execution shall issue upon any judgment on any special verdict, demurrer or case stated, unless by leave of the court, in special cases, for security of the issue within three demand, within three weeks from the day on which such judgment shall be pronounced.(i) No execution to weeks, in certain cases. 20 March 1845 § 1. P. L. 159. Bail for stay of execution. 25 April 1850 § 28. P. L. 574. 14 May 1874 § 1. P. L. 145. 8 April 1573 § 1. P. L. 60. 13. The bail in all cases where bail is now required for the stay of execution, shall be bail absolute, with one or more sufficient sureties, in double the amount of the debt or damages, interest and costs recovered, conditioned for the payment thereof, in the event that the defendant fail to pay the same at the expiration of the stay of execution. 14. No defendant shall be entitled to stay of execution upon a judgment obtained against him as bail for stay of execution on any former judgment.(k) 15. No stay of execution shall be allowed on any judgment for one hundred dollars, and less, when the same has been recovered for wages of manual labor. 16. That the stay of execution upon judgments allowed by the third section of the act of June 16th, Anno Domini 1836, entitled "An act relating to execuStay to date from tions," be computed from the return-day of the writ by which such action was 16 June 1836 § 19. P. L. 764. commenced. 17. Whenever it shall be made to appear to any court of common pleas, in which bail for stay of execution has been entered upon any judgment, or to any law judge thereof in vacation, that any person entered as bail as aforesaid is like to prove insolvent, it shall be lawful for said court or judge to require such bail and the defendant to appear on a day certain, before said court or judge, and upon a hearing of the matter, the said court or said judge may require the defendant to enter such other or further security as said court or judge may think reasonable; and on default of entering the security so required, the plaintiff shall be entitled to execution, in the same manner as if the time limited for the stay had expired. III. Of the liability to execution. 18. The plaintiff in every judgment which shall be obtained() in any court of this commonwealth, for the recovery of money, may have execution thereof, subLiability of defend- ject to the restrictions and qualifications herein provided, against the person and estate of the defendant, in the following order, to wit: ant's person and estate to execution. Ibid. § 20. Plaintiff may elect to proceed against property hereby made liable. Ibid. § 22. I. Upon the personal estate of the defendant. (m) II. Upon his real estate. III. If he have neither personal or real estate liable to execution, then(n) upor the person of the defendant.(0) 19. Provided, That it shall be lawful for the plaintiff to have execution against the real estate of the defendant, or against his person, in the manner hitherto allowed, or at his election, (p) he may proceed to obtain the satisfaction of his judgment out of such personal estate, as is by the (this) act now first made liable to execution.(q) 20. The stock owned by any defendant in any body corporate, (r) also deposits (h) A township against which judgment has been rendered is not entitled to a stay of execution, under this act. Morgan v. Moyamensing, 2 M. 397. (i) The sixth section of the revised act was intended to have supplied this provision, but by the omission of several words which were in the revisers' bill, it was rendered insensible. And see tit. " Errors and Appeals," 13. (k) This act was passed to meet the decision in Wolfe v. Nesbit, 4 W. & S. 312. (1) The act applies to judgments obtained before its passage. Bank of Chester v. Ralston, 7 P. S. 482. (m) A patent-right cannot be seized and sold under a fi. fa. Harrington v. Cambridge, 14 W. N. C. 456. It can only be reached by bill in equity, where such jurisdiction is conferred. Agar v. Murray, 105 U. S. 126. But this jurisdiction has not been given to the courts of Pennsylvania. Bakewell v. Keller, 11 W. N. C. 300. (n) A fi. fa. and a ca. sa. may, by $ 27 of this act (infra 24), be sued out together, and the defendant's person taken in execution, unless he disclose property to answer the debt and costs. Winder v. Smith, 6 W. & S. 429. But a sheriff, having levied on the defendant's real estate, cannot, whilst that levy remains undisposed of, seize under the same writ, a sum of money belonging to the defendant. Rudy v. Com monwealth, 35 P. S. 166. (0) At common law, it is no part of the sheriff's duty to receive payment of the amount for which a debtor is in his custody on a ca. sa., and therefore, he is not liable, if his bailiff receive the amount of such debt and omit to pay it over. Wood v. Finnis, 10 Eng. L. & Eq. 537. United States v. Moore's Administrator, 2 Brock. 318. Warte v. Delesdernier, 15 Maine 144. But it may be questioned, whether this is the law of Pennsylvania, since the fee-bill allows the sheriff a commission for receiving and paying money on a ca. And see Milne v. Davis, 2 Binn. 137. sa. (p) His election is not determined, till execution of one of the writs. Davies v. Scott, 2 M. 52. But having levied on real estate, by virtue of a fi. fa., he cannot have an attachment-execution. Hollowell v. McClay, 3 Phila. 261. See Herriott v. Wagner, 26 Pitts. L. J. 109. Shaw v. Kenah, 2 W. N. C. 127. (q) An attachment-execution can only issue on a personal judgment against the defendant. Heermans v. Griffin, 3 Luz. L. Reg. 223. (r) The capital stock of a bank, owned by itself and in its own possession, cannot be attached for its debts, under this section. Hawley v. Lumbermen's Bank, 10 W. 230. of money in any bank, or with any person or body corporate or politic, belonging 16 June 1836 § 22. to him, and debts due to him, shall be liable to execution, like other goods or chat- P. L. 764. tels, subject, nevertheless, to all lawful claims thereupon,(s) of such body corporate Stock, deposits, or person.(t) &c., to be liable to Goods pawned, de 21. Goods or chattels of the defendant in any writ of fieri facias, which shall have been pawned or pledged by him as security for any debt or liability, or which have been demised, or in any manner delivered or bailed, for a term, shall be liable mised or bailed, to sale, upon execution as aforesaid, subject, nevertheless, to all and singular the may be sold on rights and interests of the pawnee, bailee or, lessee, to the possession or otherwise, fi. fa. of such chattels or goods, by reason of such pledge, demise or bailment.(u) current bills, at 22. It shall be lawful for the officer charged with the execution of any writ of Coin may be taken fieri facias, when he can find no other real or personal estate of the defendant, under fi. fa. to seize and take the amount to be levied by such writ, of any current gold, silver And bank-notes or or copper coin, belonging to the defendant, in satisfaction thereof, or he the amount aforesaid, of any bank-notes or current bills, for the payment of money issued by any moneyed corporation, at the par value of such notes.(v) may take par. 23. Provided, That such officer shall not take any coin or bills as aforesaid from Ibid. § 25. the person of the defendant; nor shall he take or retain any money, which shall Not to be taken have been levied by him, at the suit or instance of the defendant, upon any other from person. execution.(w) 24. The plaintiff in any such judgment may have, at the same time, thereon a Ibid. § 27. writ of fieri facias, or a writ of capias ad satisfaciendum, to levy the same, together Fi. fa, and ca. sa. with the costs of such execution. may issue at the same time. 25. No writ of capias ad satisfaciendum shall in any case be executed, where Ibid. § 28. the defendant has real or personal estate within the county, sufficient to satisfy the judgment; and if the defendant shall not have sufficient fully to satisfy the Ca. sa. not to be judgment and costs of execution, then such writ may be executed for the deficiency, and for no more.(x) fendant has real or executed, if de personal estate. 9 May 1889. P. L. 172. 26. The several courts of common pleas shall have jurisdiction in equity, to assist the plaintiff in any suit at law or in equity, in whose favor a judgment or decree for the payment of money has been or may be rendered, to reach and Copyrights and apply to the payment thereof any rights, interests or property of the judgment patents may be debtor in copyrights or in letters-patent for new and useful inventions, granted tion. or secured under the laws of the United States. seized in execu P. L. 339. 27. No person shall be arrested or imprisoned on any civil process issuing out 12 July 1842 § 1. of any court of this commonwealth, in any suit or proceeding instituted for the recovery of any money due upon any judgment or decree founded upon contract, Imprisonment for or due upon any contract, express or implied, or for the recovery of any damages debt abolished. for the non-performance of any contract; (y) excepting in proceedings as for contempt, to enforce civil remedies, action for fines or penalties, or on promises to marry, on moneys collected by any public officer, or for any misconduct or neglect in office, or in any professional employment, in which cases the remedies shall remain as heretofore.(z) Exceptions. P. L. 766. 28. A judgment shall (not) be deemed to be satisfied by the arrest or imprison- 16 June 1836 § 31. ment of the defendant, upon a capias ad satisfaciendum, if such defendant die in prison, or escape, or be discharged therefrom by reason of any privilege, or at his Ca. sa, not to be own request, but the party entitled to the benefit of the judgment, may have such satisfaction in cerremedies at law for the recovery thereof, as he would have been entitled to if such capias ad satisfaciendum had not been issued; saving, nevertheless, all rights and interests which may have accrued to any other person, between the execution of such writ and the death or escape of such party. IV. Of the exemption from execution. tain cases. 29. In lieu of the property now exempt by law from levy and sale on execution 9 April 1849 § 1. issued upon any judgment obtained upon contract, (a) and distress for rent, prop (s) See Fulweiler v. Hughes, 17 P. S. 440. Harry v. Wood, 2 M. 327. (t) See infra 34. And see Reed v. Penrose's Executrix, 36 P. S. 239. (u) Where the garnishee, in an attachment-execution, admits the possession of goods pledged by the defendant, the practice is to award a fi. fa. to sell the defendant's interest therein. Lamb v. Vansciver, 1 T. & H. Pr. § 1209. See Hollowell v. McClay, 3 Phila. 261. French v. Breidelman, 2 Gr. 319. Freeman v. Simons, 7 Phila. 307. See Waverly Coal Co. v. McKennan, 110 P. S. 599. (e) Money raised on an execution adverse to the debtor, is liable to be taken in execution. Herron's Appeal, 29 P. S. 240. See Rudy v. Commonwealth, 35 Ibid. 166. (w) See Collingridge v. Paxton, 11 C. B. 683. (x) See supra 18, note n; and Howard v. McKee, 82 P. S. 409. (y) A decree for costs not involving a breach of P. L. 533. trust cannot be enforced by attachment. Peirce's Appeal, 103 P. S. 27. But breach of duty by trustees is excepted from the operation of the act. Church's Appeal, 103 P. S. 263. (z) See tit. " Actions Personal," and notes. (a) The defendant in an action for a tort is not entitled to the benefit of this act. Kenyon v. Gould, 61 P. S. 292. Edwards v. Mahon, 3 Luz. L. Obs. 375. But it embraces a judgment for costs, in an action of tort. Lane v. Baker, 2 Gr. 424. Hasting v. Grant, 2 Wood. 127. But see Neubert v. McColloch, 27 Pitts. L. J. 177. And the defendant is entitled to the benefit of the exemption, notwithstanding the suit was commenced by attachment, under the act 12 July 1842. Waugh v. Burket, 3 Gr. 319. Taylor v. Worrell, 4 Leg. Gaz. 401. But a constable against whom execution is issued upon a judgment obtained for official misconduct, or negligence, is not entitled to the benefit of this act. Kirkpatrick v. White, 29 P. S. 176. Nor is a defendant in a judgment on a recognizance |