Section 2. Election to demise premises at valuation; venditioni exponas in case of refusal
Upon the return of a writ of fieri facias levied upon real estate of the defendant, with the inquisition assessing the value of the yearly rents and profits thereof, the plaintiff may, at his election, instead of suing out a writ of liberari facias for the purpose of having the said real estate delivered to him at the valuation and appraisement, permit the defendant or defendants, or any other person or persons, claiming 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 inquisition, 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 plaintiff. And it shall be the duty of the said defendant, or other person so claiming, within ten days thereafter, to notify the said sheriff of his willingness to retain the said real estate at the annual valuation and appraisement so as aforesaid made in pursuance of the act entitled "an act relating to executions, " passed the 16th day of June, 1836, and upon his neglect or refusal to do so, 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 possession 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. 1840, Oct. 13, P.L., (1841) 1, Sec. 2.