Whitton v. Milligan

Citations

• 153 Pa. 376
• 26 A. 22
• 1893 Pa. LEXIS 1111

Syllabus

<p>Landlord and tenant — Distress—Sale—Notice—Act, March 21, 1772.</p> <p>A distress with notice thereof on Feb. 1, an appraisement with a notice of sale on Feb. 7, to take place on Feb. 13, and a sale pursuant to such notice, will satisfy the act of March 21,1772,1 Sm. L. 370, regulating the proceedings in cases of distress for rent.</p> <p>The appraisment and “ six days public notice ” required by the statute are, in the order named, conditions precedent to a sale, but there is no express provisions in it or necessary implication from its language which postpones the notice of sale to a day subsequent to the appraisement.</p> <p>A notice of the distress is valid if served on the day the distress is made. It sustains the same relation to the distress, in the order of procedure, as the notice of sale does to the appraisement. It is as necessary to a valid appraisement of the property distrained as a “ six days public notice ” is to a lawful sale of it.</p> <p>Computation of time — Sunday—Act of June 20, 1883.</p> <p>A notice given on Tuesday, the day of the appraisement, is sufficient to authorize a sale, on the following Monday of the goods distrained. The intervening Sunday has no effect on the computation because it did not fall on the last day of the period. The computation of time in such a ease is governed by the act of June 20, 1883, P. L. 136, providing for the exclusion of the first and the inclusion of the last day. Davis v. Davis, 128 Pa. 100, distinguished.</p>