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LAWS

OF

PENNSYLVANIA.

[No. 258.]

AN ACT

Relating to Orphans' Courts, and for other purposes.*

SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same: That the Judges of the Orphans' court of the Commonwealth of Pennsylvania, within five years after the final decree, confirming the original or supplementary Courts within account of any executor, administrator, or guardian, which five years afhas or may be hereafter passed, as aforesaid, upon petition of ter final dereview being presented by such executor, administrator, or cree may guardian, or their legal representatives, or by any person in-grant rehear terested therein, alleging errors in such account, which errors ing. shall be specifically set forth in said petition of review, and said petition and errors being verified by oath or affirmation, said Orphans' court shall grant a rehearing of so much of said account as is alleged to be error in said petition of review, and give such relief as equity and justice may require by reference to auditors or otherwise, with like right of appeal to the Supreme court as in other cases, except that the appeal shall be taken under the provisions of this act within one year after the decree made on the petition of review: Provided, That this act shall not extend to any cause when the balance found due shall have been actually paid and discharged by any executor, administrator, or guardian.

*This Act, No. 258, was passed by both branches of the Legislature, at the session of 1840, but was not signed by the Governor in time to be printed with the laws of that session.

t

tion.

Plaintiff in- SECTION 2. That upon the return of a writ of fieri facías
stead of issu-levied upon real estate of the defendant, with the inqusition
ing liberari fa-
cias may de-assessing the value of the yearly rents, or profits thereof, the
mise premi-
plaintiff may at his election instead of suing out a writ of
ses to defend- liberari facias for the purpose of having the said real estate
ant, at valua- delivered to him at the valuation and appraisement, permit the
defendant or defendants, or any other person or persons, claim-
ing under him or them, by demise or title subsequent to the
judgment, upon which the said fieri facias issued to retain the
possession of the said real estate at the annual valuation and
appraisement, so as aforesaid made by the inquest. And the
said plaintiff or his attorney, shall signify his election, so to
permit the said defendants, or other persons so claiming to the
sheriff, who may have the said writ of fieri facias in his hands
for execution, within ten days after the holding of the inquisi-
tion, and it shall be the duty of the said sheriff, to notify the
said defendant, or other person so claiming thereof, within
ten days after said notice shall be given to him by the plain-
tiff. And it shall be the duty of the said defendant, or other
person so claiming, within ten days thereafter, to notify the
If defendant said sheriff of his willingness to retain the said real estate at
refuses to take the annual valuation and appraisement so as aforesaid, made
at valuation in pursuance of the act entitled "An act relating to executions,
plaintiff may, passed the sixteenth day of June, one thousand eight hundred
and thirty-six," and upon his neglect or refusal so to do, the
plaintiff may have a writ of venditioni exponas, to sell the said
real estate, for the payment of his debt. All which notices
required by this act, shall be in writing, signed by the parties
or their attorneys, and shall be served, by delivering a copy
to the party plaintiff, or defendant, or to the person in posses-
sion of the real estate, or leaving the same at his residence
with an adult member of his family, and of all which the said
sheriff shall make return according to law, and be entitled to
mileage as in other cases.

issue venditi

oni exponas.

When defen

at valuation,

İy.

SECTION 3. If the said defendant, or defendants, or other person claiming the said real estate, as aforesaid, shall signify dant retains, his or their willingness to retain the same at the valuation and the rent to be appraisement in pursuance of the first section of this act, he paid half year- or they shall thereby become liable to pay to the plaintiff the amount of the said annual valuation and appraisement in half yearly instalments, until the debt, interest, and cost of the said fieri facias be fully paid; the first of said instalments to be paid in six months from the day the defendant, or person claiming, as aforesaid, shall deliver notice to the sheriff declaring his or their willingness to retain said real estate, which date the sheriff is hereby required to endorse on said notice, and on failure to make payment for a period of thirty days after any half yearly instalment shall become due, it shall be

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