"The Doctor told me, at Paris, the following anecdote of the Abbé Raynal.—He had a party to dine with him one day, at Passy, of whom one half were Americans, the other half French; among the last was the Abbé. During the dinner he got on his favourite theory of the degeneracy of animals, and even of man, in America, and urged it with his usual eloquence. The Doctor at length noticing the accidental stature and position of his guests, at table, 'Come,' said he, 'M. l'Abbé, let us try this question by the fact before us. We are here one half Americans, and one half French; and it happens that the Americans have placed themselves on one side of the table, and our French friends are on the other. Let both parties rise, and we will see on which side nature has degenerated.' It happened that his American guests were Carmichael, Harmer, Humphreys, and others of the finest stature and form; while those of the other side were remarkably diminutive, and the Abbé himself, particularly, was a mere shrimp. He parried the appeal however, by a complimentary admission of exceptions, among which the Doctor himself was a conspicuous one."
An Act for the Appraisement of Estates taken in execution.
Sect. 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 in all cases where lands, tenements or hereditaments, have been or hereafter shall be levied on, by virtue of any writ of fieri facias or other writ of execution, and an inquest of twelve men summoned by the sheriff or coroner of any of the cities or counties agreeably to the existing laws of this commonwealth, shall find that the rents, issue, and profits of such property, are not sufficient, beyond all reprises, within the space of seven years to satisfy the damages and costs or the debt, interest and cost in such writ mentioned, it shall be the duty of the same inquest to value and appraise the said property. And in all cases where the defendant or defendants shall consent to a condemnation agreeable to an act entitled "a supplement to the act, entitled, An act for taking lands in execution for the payment of debts," passed on the sixth day of March, one thousand eight hundred and twenty, and in any case where an inquisition and condemnation of such estate as aforesaid shall not be deemed necessary in law, it shall be the duty of the sheriff or coroner of the proper county to summon an inquest of twelve good and lawful men of his bailiwick, who shall be under oath or affirmation, and shall receive the same pay as jurors are entitled to in similar cases, to value and appraise the same; and the sheriff or coroner shall make return of such valuation or appraisement, with the writ aforesaid, to the court from which the same issued, and which valuation or appraisement shall be conclusive in any future execution which may be levied on the same property; and in case any writ of venditioni exponas or other writ shall issue for the sale of said lands, tenements or hereditaments, and the same cannot be sold at public vendue or outcry for two-thirds or more of such valuation or appraisement: that then and in such case the sheriff or coroner shall not make sale of the premises, but shall make return of the same accordingly to the court from which the execution process issued, and that thereupon all further proceedings for the sale of such lands, tenements or hereditaments, shall be stayed for one year from and after the return day of the venditioni exponas, or other writ for the sale of the premises: Provided, That the sheriff or coroner, shall not be entitled to poundage unless in those cases where a sale of the property shall take place.
Sect. 2. And be it further enacted by the authority aforesaid, That in all cases where lands, tenements or hereditaments, have been heretofore levied on and condemned in virtue of any writ of fieri facias, and in all cases where any lands, tenements or hereditaments, have been or hereafter shall be seized or levied on by virtue of any writ of levari facias, it shall be the duty of the sheriff or coroner, before exposing the said property to sale pursuant to any writ for that purpose issued, or in pursuance of such writ of levari facias, to summon twelve good and lawful men of his bailiwick, who, being first sworn or affirmed, shall make a true valuation or appraisement of the property aforesaid, and the same proceedings shall be had as is directed by the first section of this act.
Sect. 3. And be it further enacted by the authority aforesaid, That in all cases where a life estate, or for a term of years, in any lands, tenements, or hereditaments, have been or shall be seized and levied on by virtue of any writ of execution, it shall be the duty of the sheriff or coroner, before he shall proceed to advertise and sell the premises aforesaid, to summon an inquest of twelve good and lawful men of his bailiwick, who, being first duly sworn or affirmed, shall make a true valuation and appraisement of the same. And if such life estate, or for term of years as aforesaid, after having been advertised and offered for sale by public vendue or outcry, according to the laws of this commonwealth, cannot be sold for two thirds or more of the amount of the valuation and appraisement aforesaid, the sheriff or coroner shall make return accordingly; and thereupon all further proceedings for the sale of the said premises shall be stayed for one year from the return day of the said execution process.
Sect. 4. And be it further enacted by the authority aforesaid, That in all cases where personal property shall be taken in execution by virtue of any writ of fieri facias issued out of any court of common pleas in this commonwealth, or by virtue of any execution issued by a justice of the peace, it shall be the duty of the sheriff, coroner, constable or other person, to whom such writ shall be directed, respectively, when it shall be requested by the debtor, to summon three respectable freeholders or citizens of the vicinage, who, being first duly sworn or affirmed by the said officer, shall value and appraise the personal property aforesaid, for which service they each shall be entitled to receive fifty cents per day; which valuation or appraisement, signed by the appraisers, together with a schedule of the property taken in execution, shall be annexed to the return of said writ. And in case said personal property, or any part thereof, cannot be sold for two thirds of the amount of said valuation or appraisement, at a public vendue of the same, of which notice shall be given to the plaintiff or plaintiffs, his, her or their agent or attorney, agreeably to the direction of the first section of this act, that then the sale of such property shall be stayed for the term of twelve months from that date: Provided, That the said defendant or defendants shall execute and deliver to the sheriff, coroner or constable, as the case may be, a bond, with one or more sufficient sureties, in a penalty double the amount of the said valuation or appraisement, conditioned for the faithful forthcoming and delivery of all and every part of the said personal property, upon the expiration of the said stay of execution, to the proper sheriff, coroner or constable, or his successor in office, in like good order and condition as when the same was so as aforesaid offered for sale, or other personal property equal in value and like good order, to be ascertained in the manner aforesaid; or in default thereof, for the payment of the amount of the appraisement or valuation, with interest and costs, or the amount of the debt, interest and cost, for which the levy was made. And upon the execution and delivery of such bond, the said personal property shall be returned and redelivered into the possession of the said defendant or defendants: Provided also, That nothing in this act contained, shall be construed to prevent any judgment creditor or creditors from having the property of any debtor or debtors exposed to sale, in the usual manner, at any time, and as often as he, she or they may think proper, after it may have once been exposed to sale as aforesaid, by paying all the costs which may accrue in consequence thereof, except the time which a sale may be effected, which cost shall be paid out of the proceeds of the sale as in other cases.
Sect. 5. And be it further enacted by the authority aforesaid, That this act shall be and continue in force for the term of one year and no longer.