to be paid to de officer, after satisfying the writ or writs of execution, with in- Overplus money terest and costs, then the said sheriff or other officer, shall pay fendant over to the defendant in execution, or his legal representative, such overplus, on demand. Sec. 22. That if any judgment or judgments, in satisfaction fect the title of of which any lands or tenements belonging to the party, hath or Reversal of judg, shall be sold, shall at any time thereafter be reversed, such re- ment, not to af. versal shall not affect or defeat the title to the purchaser or purchaser purchasers; but, in such case, restitution shall be made of the moneys, by the judgment creditor, for which such lands or tenements were sold, with lawful interest from the day of sale. Judgment to lose levied in one Sec. 23. That no judgment heretofore rendered, or which hereafter may be rendered, on which execution shall not have its preference, if been taken out and levied, before the expiration of one year execation her ot next after the rendition of such judgment, shall operate as a year lien on the estate of any debtor, to the prejudice of any other bona fide judgment creditor; but in all cases where judgment Exception has been, or may be, rendered in the supreme court, and a special mandate awarded to the court of common pleas, to carry the same into execution, the lien of the judgment creditor shall continue for one year after the first day of the term of the court of common pleas, to which such mandate may be directed: Provided, That nothing in this section contained, shall be so construed as to defeat the lien of any judgment creditor, who shall fail to take out execution and cause a levy to be made as herein provided, when such failure shall be occasioned by appeal, writ of error, injunction or by a vacancy in the office of sheriff and coroner, or the inability of such officer, until one year after such disability shall be removed; and in all cases where real estate has New appraise been, or may hereafter be, taken on execution and appraised, ment, when al and twice advertised and offered for sale, and shall remain unsold for want of bidders, it shall be the duty of the court from which such execution issued, on motion of the plaintiff, to set aside such appraisement, and order a new appraisement to be made, or to set aside such levy and appraisement, and award a new execution to issue, as the case may require. lowed turned as to Hamilton county Sec. 24. That the sheriff or other officer, to whom any writ Executions of execution shall be directed, shall return such writ to the when to be recourt to which the same is returnable, on or before the second day of the term to which such writ is made returnable: Provi- Proviso ded, That all executions issued by the court of common pleas for the county of Hamilton, within twenty days prior to the commencement of any term, may be returned on or before the third Monday of said term. how executed Sec. 25. That in all cases where a capias ad satisfaciendum ca sa issued to may issue from the court of common pleas, or supreme court, another county, in any county in this State, directed to the sheriff, (or other officer discharging the duties of sheriff) in any other county within this State, the sheriff or other officer receiving such writ, shall serve the same on the body of the defendant or de Judgment entered fendants named therein, or such of them as may be found in his county, and convey him or them so taken forthwith to the jail of the county from whence the writ issued; for which he shall be entitled to the fees that are allowed by law. Sec. 26. That in all cases where judgment is rendered in any against principal Court of record within this State, upon any bond, sealed bill, and surety, how promissory note, or other instrument of writing, in which two or more persons are jointly, or jointly and severally held and bound, and it shall be made to appear to the court by parole or other testimony, that one or more of said persons so bound, signed the same as security or bail, for his or their co-defendant, it shall be the duty of the clerk of said court, in recording the judgment thereon, to certify which of the defendants is principal debtor, and which are sureties or bail: and the clerk of the court aforesaid, in issuing execution on any such judgment, shall issue execution commanding the sheriff or other officer to cause the money specified in the writ to be made of the goods and chattels, lands and tenements, of the principal debtor; but for want of such sufficient property of the principal debtor, whereof to make the same, then that he cause the same to be made of the goods and chattels, lands and tenements of the seProperty of prin curity or bail: and in all cases, the property, both personal and hausted, before real. of the principal debtor, within the jurisdiction of the court, levy on the pro shall be exhausted, before any of the personal or real property perty of surety of the surety or bail shall be taken in execution. cipal must be ex appeal bonds not execution returned goods," &c Sec. 27. That in all cases where judgment shall be renderInjunction and ed in the supreme court, against the appellant, or an injunction to be sued, till dissolved in the court of common pleas or supreme court, the against principal successful party shall, before he brings suit upon the appeal [or] injunction bond, issue execution against the principal debtor; and if, by the return upon the execution, it shall appear that the principal debtor has not goods and chattels, lands and tenements, sufficient to satisfy the same, the successful party may then commence suit upon the appeal or injunction bond, and take judgment for the penalty thereof; which judgment shall be discharged by the payment of the original judgment or decree, with interest and costs, together with costs of suit on the appeal or injunction bond. Sec. 28. That each freeholder summoned to appraise real Appraisers' fees estate under the provisions of this act, shall be allowed, and receive for his services, the sum of fifty cents, for each day he may be engaged in the discharge of the duties enjoined by this act; to be collected on the execution, by virtue of which the property appraised was levied on, if claimed at the time of making the return of such appraisement: and when any freePenalty for ne holder, summoned as aforesaid, shall fail to appear at the time and place appointed by the officer, and discharge his duty as appraiser, he shall, on complaint being made to any justice of the peace of the township in which such delinquent freeholder resides, forfeit and pay the sum of fifty cents for every such glecting to serve agappraiser neglect, unless he can render a reasonable excuse; which sum shall be collected by said justice, and paid into the township How collected treasury, for the use of the township. execution from Sec. 29. That each person who has a family, shall hold the what property following property exempt from execution or sale, for any exempt debt, damages, fine or amercement, to wit: One cow, twelve head of sheep, and the wool shorn from them: all the flax in possession of such family, and the yarn or thread manufac tured therefrom; two spinning wheels, two beds, bedstead and bedding; the usual and common wearing apparel of such family; any quantity of cloth manufactured by such family, not exceeding seventy-five yards; two pots or kettles, and any other articles of household furniture which the debtor shall select, not exceeding fifteen dollars in value, to be appraised by two disinterested householders; and the tools of a mechanic, to be selected as above, not exceeding twenty-five dollars in value, to be appraised as aforesaid: and the tools of a mechanic necessarily employed in his occupation, shall not be liable to execution, until his other personal property liable to execution shall have been levied on and sold. by delivery of Sec. 30. That any person taken by a writ of capias ad satis- Ca sa discharged faciendum, shall be discharged by delivering or setting off to sufficient proper. the officer serving the same, real or personal property sufficient ty to satisfy the judgment and costs for which such writ issued. execution Tay Sec. 31. That the party at whose suit any person may stand Person dyire in charged in execution, for any debt or damages recovered, his, execution, a cw her, or their executors or administrators, may, after the death issue against of the person charged, and dying. in execution, lawfully sue goods, &c out and have a new execution against the goods and chattels, lands and tenements, or any of them, of the person so deceased, in such manner and form, to all intents and purposes, as he, she, or they, might have bad by the laws of this State, had the person never been taken and charged in execution: Provided. Proviso as always, That nothing in this section contained shall be so con- lands soid bona strued as to authorize the party, his, her or their executors and administrators, at whose suit any person shall be in execution and die, to have execution against the lands and tenements of the person so dying, which shall, at any time after his or her being taken and charged in execution, be by him or her sold, bona fide, for the payment of just debts. fide officer may amerced be Sec. 32. That if any sheriff or other officer shall refuse or For what causea neglect to execute any writ of execution to him directed, and sheriff or other which hath come to his hands; or shall neglect or refuse to sell any goods and chattels, lands and tenements; or shall neglect to call an inquest according to the foregoing provisions of this act, and return a copy thereof forthwith to the clerk's office; or shall neglect to return any writ or writs of execution to him directed, to the court to which the same is or are returnable, on or before the second day, or on or before the third Monday of the term, (as the case may be,) to which the same is or are made returnable; or shall neglect to return a just and perfect inventory of all and singular the goods and chatteis by him taken in execution, unless the said sheriff or other officer shall return, that he hath levied and made the amount of the debt, damages and costs; or shall refuse or neglect, on demand, to pay over to the plaintiff, his agent or attorney of record, all moneys by him collected or received, for the use of said party, at any time after collecting or receiving the same, except as provided in the fifteenth section of this act; or shall neglect or refuse, on demand made for that purpose by the defendant, or his legal agent or attorney of record, to pay over all moneys by him received for any sale made as aforesaid, more than sufficient to satisfy the writ or writs of execution, with interest and legal costs such sheriff or other officer shall, on metion in Two days' no open court, and two days' notice thereof in writing, to be given tice to be given such sheriff or other officer by the plaintiff or his attorney, be amerced in the amount of said debt, damages and costs, with ten per centum thereupon, to and for the use of the said plaintiff or defendant, as the case may be. to sherif Amount of amercement Clerks of Si common may be amerced Sec. 33. That if any clerk of the supreme court or courts preme court and of common pleas, shall neglect or refuse, on demand made for pleas that purpose by the person entitled thereto, his agent or atfor not paying torney of record, to pay over all money by him received, in his over money, & official capacity, for the use of such person, every such clerk may be amerced; and the proceedings against him and his securities shall be the same as is provided for by this act against sheriffs and their securities. mercement for Sec. 34. That when the cause of amercement is for refusing Amount of to pay over money collected as aforesaid, the said sheriff or not paying over other officer shall not be amerced in a greater sum than the amount so withheld, with ten per centum thereon. inoney county may be Sec. 35. That when execution shall be issued in any county Executions is in this State, and directed to the sheriff or coroner of another sued out of the county, it shall be lawful for such sheriff or coroner having such returned by mail execution in possession, after having discharged all the duties required of him by law, to inclose such execution, by mail, to the clerk of the court who isssued such execution: and, on proof being made by such sheriff or coroner that such execution was mailed a suflicient or reasonable time to have reached the office where it was issued, within the time prescribed by law, such sheriff or coroner shall not be liable for any amercement or penalty for any failure of the safe arrival of such execution; any thing in this act to the contrary notwithstanding. Sec. 36. That no sheriff shall forward any money, made on "Sheriff not to any such execution, by mail, unless he shall be especially inmail without instructed so to do, by the plaintiff, his agent or his attorney of restructions cord: and in all cases of a motion to amerce a sheriff or officer, Notice to amerce of any county other than the county from which the execution sheriff of ano issued, notice shall be given to such officer as herein before How given required, by leaving with such officer, or at his office, a written send money by ther county, copy of such notice, at least fifteen days before the first day of Force of amerce. judgment against What sureties make defence may Sec. 37. That each and every security of any such sheriff sureties may be or other officer, may be made party to the judgment so as afore made parties to said rendered against such sheriff or other officer, by scire fa- sheriff, by scire clas against such security and every such surety or sureties, facias may, at the return of such scire facias, set up any matter which may have arisen subsequent to entering judgment against such sheriff or officer, in his, her, or their defence; but no matter which may have arisen previous to entering such judgment against such sheriff or other officer, shall be permitted to be set up as a defence: and in case the surety or sureties do not show suficient matter of defence, at the return of said writ of scire facias, wherefore judgment should not pass against him or them, the court before whom the same is made returnable, shall render judgment against such security or securities, as in other cases: whereupon, execution, in the name, and for the use of the party, or his legal representative, may, on motion, be awarded against the body of the sheriff or other officer, and the goods and chattels, lands and tenements, of such sherifi or other officer, and any sureties who may have been made a party to any such judgment: but the goods and chattels, lands and tenements of any such security, shall not be liable to be taken Property of sure. on any such execution, when sufficient goods and chattels, taken, while shelands and tenements of the sheriff or other officer, against whom riff has sufficient execution may be issued, can be found to satisfy the same: Provided, That nothing herein contained shall prevent either Party may have party from proceeding against such sheriff or other officer, by attachment, according to law, at his election. ties not to he attachment against Officer amerced judgment Sec. 38. That in cases where a sheriff, coroner or other offeer, may be amerced, and shall not have collected the amount may have execu of the original judgment from the judgment debtor, he shall be tion on origina permitted to sue out an execution, and collect the amount of said judgment, in the name of the original plaintiff, for the use of the said sheriff, coroner, or other officer. Acts repealed Sec. 39. That the act, entitled "An act regulating judgments and executions," passed the fourth day of February, eighteen hundred and twenty-four; and all other acts, or parts of acts, coming within the purview of this act, be, and they are hereby repealed: Provided, That nothing in this act shall be proviso saving so construed as to affect bonds given for the delivery of per- bonds, liens, et sonal property, or any liens created or accruing, under the provisions of the act passed February fourth, eighteen hundred and twenty-four. |