Section 20

Act 67 of 1837, § 20, under JUDGMENTS IN CASES MADE VALID.

Act 67 of 1837, § 20

Section 20. The action of ejectment originally brought to July term, one thousand eight hundred and thirty-five, No. _____, in the court of Common Pleas of Schuylkill county, wherein Anthony F. Miller is plaintiff, and Samuel Brooke, John Schall, John Dreher, James Cresson, John H. Cresson and others, are defendants, be, and the same is hereby removed from the county of Lehigh to the county of Northampton, and the trial of said suit, and all other proceedings, shall be had therein in the same manner as if the suit had been originally brought in said county, and in like manner as other suits properly brought in said county are prosecuted: Provided, That all expenses incurred by the county of Northampton, in relation to this trial, shall be refunded to said county by the commissioners of Schuylkill county, after being taxed and allowed by the court of Common Pleas of the said county of Northampton, and that from and after the passage of this act, it shall and may be lawful for either party, in the action of ejectment now pending in the Court of Common Pleas of the county of Schuylkill, wherein Hammon Dugan, Frederick James Dugan, and John Spear Smith, are plaintiffs, and Henry W. Conrad and others defendants, to remove the same into the court of such other adjoining county, in another judicial district, as shall be approved by the court of Common Pleas of Schuylkill county, which action so removed shall be proceeded in by the proper court in like manner, and subject to like rules and proceedings, as if it had remained in the court in which it was originally brought, and upon final judgment, testatum habere facias possessionem and testatum executions may issue as in other cases: Provided, That the plaintiffs or defendants so removing, or some one on their behalf, shall first take and subscribe an oath or affirmation, before an authorized person, to be filed of record with the cause, that such removal is not made for the purpose of delay, but because he or they firmly believe a fair and impartial trial cannot be had in the said county of Schuylkill.

Compiler's Note: Section 24 of Act 128 of 1842 provided that so much of section twenty as authorizes an action of ejectment pending in the court of Common Pleas of Schuylkill county, wherein Hammond Dugan and others are plaintiffs, and Henry W. Conrad and others are defendants, to be removed into the court of such other adjoining county, in another adjoining county, in another Judicial District, as may be approved by the court of Common Pleas of Schuylkill county, be and the same is hereby repealed.