Section 3

Section 3. And be it further enacted by the authority aforesaid, That the Surveyor General on the receipt of any of the returns as aforesaid, shall furnish the Secretary of the land office with a list thereof, and also a ticket on each survey, and the said Secretary shall thereupon make a calculation of the amount of principal and interest due the Commonwealth on each survey, respectively, and the same being certified under his hand and seal of office, as soon as may be conveniently done, shall transmit the same to the Deputy of the Attorney General, or other agent of the county in which such persons reside, with such other evidence as he may deem necessary; and it shall be the duty of such Deputy of the Attorney General or other agent, to institute a suit in the nature of a scire facias on a mortgage against the owner or owners, or against the person or persons in possession of such lands as aforesaid, for the recovery of such sum or sums as appear to be due the Commonwealth, and to prosecute the same to judgment and recovery in the usual manner, and such calculation certified by the Secretary of the Land-Office, to be just and true, shall be received in evidence in any such suit: Provided, That all persons against whom judgment shall be rendered as aforesaid, shall be entitled to one years stay of execution, to be computed from the return of the scire facias: And provided also, That in case of a scire facias service thereof on the terre tenant shall be sufficient, who shall give notice thereof to his landlord under the like penalties for neglect or refusal so to do, as are provided by the laws of this Commonwealth in cases of ejectment, and in case there be no person in possession, publication of notice for six successive weeks in a newspaper published nearest to the land by the sheriff, shall be held to be a competent service: And provided also, That on any scire facias issued in pursuance of this act, it shall be sufficient if it states the quantity and situation of the land, and the amount of the patenting fees, and no declaration shall be necessary.