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entire, as the same remain in his office, such deed shall be good evidence of such judgment and process upon any trial at law, wherein the said real estate may be in controversy, in the same manner as the original records would be, if produced and offered in evidence.

SECTION 96. The acknowledgment of deeds of real estate, sold upon execution, shall be made as follows: I. In the case of executions from the Supreme court, the acknowledgment shall be made by the officer who executed the deed before the said court, in bank, sitting within the respective district, or before one of the judges of the said court, sitting at nisi prius, within the county in which such real estate may be, or before the court of Common Pleas of the county, or the District court of the city and county in which such real estate may be.

II. In case of testatum writs of execution, the acknowledgment may be made as aforesaid, in the court of Common Pleas of the county, or District court of the city and county, in which such real estate may be.

III. In all other cases, the acknowledgment, as aforesaid, shall be made in the court from which the execution issued.

SECTION 97. But no such acknowledgment shall be allowed, unless the same shall be made upon public proclamation, in open court, at a time appointed by the court for the purpose, or notice shall have been previously affixed in the office of the prothonotary, specifying the names of the parties to the execution, and the names of the purchaser of such real estate, and the time at which the acknowledgment is intended to be made, at least one week after the return day of the writ of execution, nor in case of acknowledgment made in any court, except that from which the execution issued, unless notice shall appear to have been given to the parties to the execution, in the manner provided for the service of a writ of summons in a personal action.

SECTION 93. Whenever the acknowledginent shall be made as aforesaid, in any other court than that from which the process shall have issued, the same shall be good, notwithstanding the same may have been made before the return day of the execution.

SECTION 99. It shall be the duty of the sheriff acknow-. ledging any deed as aforesaid, in any other court than that from which the process issued, upon which the sale shall have been made, immediately thereafter, to return the same into the office of the prothonotary or clerk of the court from which the same shall have been issued.

SECTION 100. When application shall have been made to any court, to take the acknowledgment of a deed for real estate, sold upon the process issued by any other court, the court to which such application shall be made, shall have

power to examine the regularity and validity of such sale, and set the same aside, if there be cause; and if the proceeds of such sale shall be paid into the said court, they may order the distribution thereof, in like manner as if such sale had been made by virtue of process issued from such court.

SECTION 101. If the officer by whom any real estate shall have been taken in execution, shall die, resign, be removed from office, or if his term of office shall expire before sale thereof, the proceedings upon such execution shall be con tinued and completed by his successor in office, and all othe necessary and proper writs and process in such case, shail be directed to such successor, and be executed by him, and a deed be made and acknowledged by him, in like manner, and with like effect as such acts might have been done by the former officer, if he had continued in office.

SECTION 102. Whenever any real estate shall be sold under any execution, as aforesaid, and the officer who shall make the sale shall die, resign, or be removed from office, or if the term of his office shall expire before any deed shall be executed and acknowledged by him, in due form of law, the Supreme court, or the court in which the judgment was obtained, shall have power, upon the petition of the plainti in such judgment, or the purchaser of such real estate, setting forth specially the facts of the case, by an order, to be entered upon their records, to direct the sheriff for the time being, to execute a deed of such real estate to the purchaser thereof.

SECTION 103. It shall be the duty of the sheriff, or other officer to whom any such order shall be directed in pursuance thereof, and after the payment of the purchase money of such real estate, with such costs and charges, if any, as may remain unpaid, to the former sheriff, or officer, to execute deliver and acknowledge such deed or deeds, and perform and do such other matters and things as the sherift or officer who made such sale, might, could, or ought have done, is and about the premises, which deed so executed, shall be as effectual in law, as if the title had been completed by the former officer.

SECTION 104. The several courts aforesaid, shall have the like power to compel the sheriff or coroner making sale as aforesaid, to perfect the title of purchasers, in cases of defective or informal execution of sheriff's or coroner's deeds. and they may grant relief in the manner, and upon the terms and conditions aforesaid, and with like effect.

XVI. PROCEEDINGS TO OBTAIN POSSESSION AFTER SALE OF LANDS, &C.

SECTION 105. Whenever any lands or tenements shall be sold by virtue of any execution as aforesaid, the purchaser of such estate may, after the acknowledgment of a deed therefor to him, by the sheriff, give notice to the defendant, s whose property the same shall have been sold, or to the persons in possession of such estate under him, by title, derived from him subsequently to the judgment under which the same were sold, and require him, or them, to surrender the possession thereof to him, within three months from the date of such notice.

SECTION 106. If the defendant, or any person in possession ander him, as aforesaid, shall refuse, or neglect to comply with the notice and requisition of the purchaser, as aforesaid, such purchaser, or his heirs or assigns, may apply by petition, to any two justices of the peace, or aldermen of the city, town or county where such real estate may be, setting

orth:

1. That he purchased the premises at a sheriff's or coroner's sale.

I. That the person in possession at the time of such application, is the defendant, as whose property such real estate was sold, or that he came into possession thereof under him.

III. That such person in possession had notice, as aforesaid, of such sale, and was required to give up such estate, three months previously to such application.

SECTION 107. If the applications as aforesaid, shall be verified by the oath or affirmation of the petitioner, or if probable cause to believe the facts therein set forth be otherwise shown, the said justices are hereby enjoined and required, forthwith to issue their warrant, in the nature of a summons, directed to the sheriff of the county, commanding him to summon a jury of twelve men of his bailiwick, to appear before the said justices, at a time and place to be specified, within four days next after the issuing thereof, and also, to summon the defendant, or person in possession, as aforesaid, at the same time to appear before them and the said jury, to show cause, if any he has, why delivery of the possession of such lands or tenements, should not be forthwith given to the petitioner.

SECTION 108. If at the time and place appointed for the hearing of the parties, the defendant, or person in possession, as aforesaid, shall fail to appear, the said justices shall require proof, by oath or affirmation, of the due service of such warrant upon him, and of the manner of such service: Provided, That such service shall have been made three days before the return.

SECTION 109. If the defendant, or other person in possession under him, as aforesaid, shall be duly summoned as aforesaid, or if he shall appear, the said justices and jury shall proceed to inquire

1. Whether the petitioner, or those under whom he claims, has, or have, become the purchaser of such real estate, at a sheriff's or coroner's sale, as aforesaid, and a sheriff's or coroner's deed for the same, duly acknowledged and certified, shall be full and conclusive evidence of that fact, before such justices and jury.

II. Whether the person in possession of such real estate was the defendant in the execution under which such real estate was sold, or came into the possession thereof under him, as aforesaid.

III. Whether the person so in possession, has had three months notice of such sale, previous to such application. SECTION 110. Upon the finding of the facts as aforesaid. the justices shall inake a record thereof, and thereupon, they shall award the possession of such real estate to the petitioner.

SECTION 111. In case of a finding for the petitioner as aforesaid, the jury shall assess such damages as they shall think right, against such defendant, or person in possession, for the unjust detention of the premises, and thereupon, the said justices shall enter judgment for the damages assessed, and reasonable costs, and such judgment shall be final and conclusive to the parties.

SECTION 112. The said justices shall thereupon, issue their warrant, directed to the sheriff, commanding him forthwith to deliver to the petitioner, his heirs or assigns, full possession of such lands or tenements, and to levy the costs taxed by the said justices, and the damages assessed by the jury. as aforesaid.

SECTION 113. No certiorari, which may be issued to remove such proceedings, shall be a supersedeas, or have any effect to prevent or delay the execution aforesaid, or the delivery of the possession, agreeably thereto.

SECTION 114. If the person in possession of the premises shall make oath or affirmation before the justicesI. That he has not come into possession, and does not claim to hold the same under the defendant in the execution, but in his own right, or

II. That he has not come into possession under title derived to him from the said defendant, before the judgment under which the execution and sale took place, and shall become bound in a recognizance, with one or more sufficient sureties, in the manner hereinafter provided, the said justices shall forbear to give the judgment aforesaid. SECTION 115. If the person in possession of the premises shall make oath or affirmation, before the justices, that he does not hold the same under said defendant, but under some other person, whom he shall name, the said justices shall forthwith issue a summons to such person, requiring him to appear before them, at a certain time therein named, not exceeding thirty days thence following, and if at such time. the said person shall appear, and make oath or affirmation, that he verily believes that he is legally entitled to the premises in dispute, and that he does not claim under the said defendant, but by a different title, or that the claims under the said defendant by title derived before the judgment aforesaid, and shall enter into a recognizance, with sureties, as aforesaid, in such case also, the justices shall forbear to give judgment.

SECTION 116. The oath or affirmation which shall be administered to such claimant, shall be in the following form, to wit:

I do (swear or affirm) that I verily believe that I am legally entitled to hold the premises in dispute, against the petitioner-that I do not claim the same by, from, or under the defendant, as whose property the same were sold (as the case may be)- that I do not claim the same by, from, or under the defendant, as whose property the same were sold, by title derived to me subsequently to the rendition of the judgment under which the same were sold, but by a different title, &c.

SECTION 117. The recognizance aforesaid, shall be taken in a sum fully sufficient to cover and secure, as well the value of the rents and mesne profits of such lands or tenements, which may have accrued, and which may be expected to accrue, before the final decision of the said claim, as all costs and damages, with condition that he shall appear at the next court of Common Pleas, or District court, having jurisdiction, and then and there plead to any declaration in ejectment, which may be filed against him, and thereupon. proceed to trial, in due course of practice, and in case he shall fail therein, that he will deliver up the said premises to the purchaser, and to pay him the full value of the rents or mesne profits of the premises, accrued from the time of the purchase.

SECTION 118. If such recognizance shall be forfeited, the justices aforesaid, shall proceed to give judgment, and cause such real estate to be delivered up to the petitioner, in the manner hereinbefore enjoined and directed.

XVII. OF THE RIGHTS OF PURCHASERS AT SHERIFF'S SALES AS

LANDLORDS.

SECTION 119. If any lands or tenements shall be sold upon execution, as aforesaid, which at the time of such sale, or afterwards, shall be held or possessed by a tenant, or lessee, or person holding, or claiming to hold the same under the defendant in such execution, the purchaser of such lands or tenements shall, upon receiving a deed for the same, as aforesaid, be deemed the landlord of such tenant, lessee, or other person, and shall have the like remedies to recover any rents or sums accruing subsequently to the acknowledgment of a deed to him, as aforesaid, whether such accruing rent may

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