The Newhampshire gazetteer — Exeter, N.H., 1792-08-17 00:00:00, page 1

Newhampfhire
An ACT to provide for a
Copper Coinage.
BE it enadtedb^ ihe Senate
and House of Represen
tatives of the. United States of
America in Congre/s aflembled.
That the diredor of the mine, with
the approbation of the Prefideoc
of theUnitedStates,be authorized
to contra& for and to purchase a
quantity of copper, not exceed
ing one hundred and fifty tons
and that the said director, as soon
as the needful preparations fhJl
be made, cause the copper by
him purchased to be coined at
the iriot into cents and half cents
purfeanc to " the aft establishing
a mint, and refloating the coins
of the United Scares ;" and that
the said cents and half cents, as
they (bill be coined, be paid in
to the treasury of the United
Scares, thence to issue into circu
lation.
And be it further enabled,That
after the expirationof fix calen
dar months from the time when
there (halt have been paid into
the treasury by the said dire^or,
in cents, half cents, a sum no
lets than fifty thousand dollars
which time shall forthwith be
announced by the treasurer in at
least two gazettes or news papers
published at the featof the go
vernment of the United States,
for the time being, no copper
coins or pieces whatsoever, ex
cept the said cents and half cents,
shall pals current as money, or
Ihall be paid, or offered to be
paid or received in payment for
any debt, demand, claim, matter
or thing whatsoever—and all
cooper coin or pieces except
the said cents and half cents
which shall be paid or offered to
be paid or received in payment
contrary to the prohibition afore
faid, shall be forfeited, and every
person by whom any of them
shall have been so paid or offered
to be paid or received in pay
ment shall also forfeit the sum
of ten dollars, and the said for
feiture and penalty shall and
LAWS OF THE UNITED STATES.
EXETER, (New-Hamp[hire) Printed and Published by HENRY RANLET, at Nine Shillings per annum.
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FRIDAY, August 17, 1792.]
CONGRESS.
THIRD SESSION.
Subjecting lands and tenements
to the payment of debts, and
directing the mode of levying
executions on real and person
al efface.
Pafl'ed Feb. r§, 1791.
may be recovered with costs of
suit for the benefit of any person
or persons by whom information
of the incurring thereof shall
have been given
Jonathan FruMbull, Speaker
of the House of Reprefentattves.
JOHN ADAMS, Tie-Present cf the
U. States and Prescient of the Senate.
Approved — May the Sth, 1792.
G. Washington,
President of the Unitea States.
Deported among cheßolls in theOffice
of the Secretary of State.
Thomas Jefferson
Secretary of Stare.
BE it enabled by the Senate and House
of Reprefntatives ^General-Court
convened, shat all lands and tenements
belonging to any person in his own
proper right in fee, ihall Hand charg
ed with the payment of all just debts
owing by such person, as well as
his personal efface, and ihall be li.
able to be taken in execati on for
farisfadion of the fame, where the
debtor, or his attorney, ihall not ex
pose to view, and tender to the cre
ditor or officer personal estate, luffici
eut to answer the sum mentioned in
the execution with the charges.
And all excutions duly served upon
any lands and tenements, being re
turned into the clerks office of the
court out of which the fame issued,
and there recorded, shall make a good
title to the party for whom they Ihall
be so taken, his heirs and assigns
forever.
Provided nevertheless. That in case
the said debtor or debtors, their ex
ecutors or administrators shall apy
time within one year from the re
tain of any execution levied on real
estate, into the clerk's office, from
whence it issued, go to the creditor
or creditors, their executors, admin
istrators or assigns, and tender and pay
to them the full of the debt and char
ges mentioned in facK execution, and
the interest for such debt and charges
from the time of the return of such
execution into the clerk's office as
aforefaid, every such debtor or debt
ors, their heirs, executors or adminis
trators shall re-enter into such lands
and tenements by due process of law,
and be re-established in their former
estate in such lands and tenement!, as
if such execution bad never been le
vied upon the fame.
L AWS
of /,—^^ the
State of
New-Hamp(hire.
An ACT
THE
And be it further enabled, That when
any person ihall alienage any lands and
tenements to him of right belonging,
with intent to defeat and defraud
his creditors of their just debts, such
conveyance not being made for good
and valuable consideration , truly paid
or secured to be paid, all such laies
and alienations Ihall be deemed cove-
And be it further enabled. That the
manner of levying executions on real
estate Ihall be as follows: The creditor
shall deliver his execution to the
Iheriff of the county, or his deputy
where the debtor's lands and tene
ments lie, who ihall cause three ap
praisers to be cboieo, one by the cre
ditor or creditors, another by the deb
tor or debtors, it he or they so please,
and the third by the fheriff; which
appraisers Ih^ll be reputable freehold
ers and relidents in such county.
And in all cases where the debtor
(hall on due notice, neglect or refufe
to chufe an appraiser, the officer Ihall
appoint one for iuch debtor or debiors,
and the said appraisers having taken
their oaths before any justice of the
peace, faithfully and impartially to
appraise such lands and tenements as
shall then be Ihewn them, at the efface
of such debtor or debtors, shall appraise
the fame to faci&fy the execution with
the officers fees, and set off such lands
and tenements by metes and bounds,
and the firm if Ihall thereupon deliver
possession 'and seizin thereof to such
creditor or creditors, or to his or their
attorney, which being returned and
recorded ihall be a good title to such
creditor or creditors, saving the equity
of redemption as is by law provided.
And when it happens that lands and
tenements cannot be divided and let
out by metes and bounds as aforefaid,
then such sheriff ihall extend such exe
cution upon the rent of such lands and
tenements, and give seizin thereof to
such creditor or creditors, or his Or
their auoruies, and ihall cause the ten
ant or tenants thereof to attorn, and
become tenant or tenants of such cre.
dicor or creditors, and to pay their
rents to him or them accordingly, and
upon refufal thereof to turn such ten
ant or tenants out of the possession
thereof, and give livery, seizin and
possession of the fame to such creditor
or creditors, to hold and enjoy such
lands and tenements till such judg.
meat, interest and fees be fully fatisfi.
ed and paid, reserving thereout the
widows dower or thirds, if any be.
Provided always, that it shall and
may be lawful for such debtor or debt,
ors, or his or their agent or attorney,
at any time or times before such judg
ment, interest & charges be fully fatis
fied,to tender any pay to iuch creditor
or creditors the full of his debt,intereft
□nd charges,or such part thereof as may
be due, and the said creditor is hereby
obliged to accept the fame, and sur
render up to such debtor or debtors bis
agent or attorney such lands and ten
ements, and deliver up quiet and pea
ceable possession thereof ; any law, u
lage or custom to the contrary not
withstanding.
And be it further enabled, That
when any goods or chattels ihall be
taken to fatisfy an execution issuing
upon a judgment obtained, such goods
or chattels shall be fafely kept by the
officer, atthe cxpcncc of the debtor.
nous and fraudulent, and shall be of
none effect to bar any person from
recovering such debt as is to him
owing.
Gazetteer.
[Numb. 7 of Volume 7.
And be st further enaaed, That when
execution ihall be levied on any estate
for the purpose of fatisfy-ing such exe
cution, and after the levying thereof,
it fhalk appear that such estate levied
upon did not at that time of levying
belong to the debtor, then in every
such case, upon the application of the
creditor to the court or justice from
whom such execution issued, such court
or justice may order a writ of fairefa
cias to issue against such debtor, requir
ing him to appear before said court or
juliice, and ihew caufe,if any he have,
why an alias execution ihould not issue
against him for the debt And colls,& if
such debtor being dulyfummoned,lhall
neglect to appear in odedience to such
writ,or appearing Ihall not shew Effi
cient cause why an alias execution
should not issue against him, the court
or justice shall thereupon order an alias
execution against such debtor for debt
and costs, or if they think just, they
may award executions for debt only ;
and in all cases they may ifthey think
it jolt, add the fees of levying to the
colts; and the doings by virtue of the
former execution Ihall beconfidered as
void and of no effect in law. But if
it Ihall appear to the said court or juf
tice,that the creditor had no just cause
for such application, the debtor shall
recover >againlt the creditor double
colts, and the court or justice Ihall a
ward execution accordingly.
Provided nevertheless, That no ap
plication by any creditor Ihall be sus
tained, after the expiration of three
years, from the time of extending and
levying execution as aforefaid.
for the space of four days next after
they are so taken ; and if within that
time the owner shall not redeem ibe
fame, by otherwise fatisfying the exe
cuicn, such goods, and cartels Ihall
be fold at public vendue to the highert
bidder, having firft been advertized,
by the polling up of notifications of
;he time and place of sale, forry.eight
hours before the expiration of the said
four days, at two of the moll public
places in the town or place where the
lale is to be ; ard the money arising
upon such sale shall be applied to the
paying of the charges, and to the Sa
tisfying of the execution, and the offi
cer who is poffeiled of the execution,
shall make return of the fame wih his
doings therein, particularly describ
ing the goods taken and fold, and the
sum for which tach article was struck
off ; and if any officer shall be guilty
ofany fraud in the fail,or the return
as beforementioced, he shall be lia
ble to the debtor to pay him five times
the sum defrauded, to be recovered
by adion on the case.
TH E fubferiber takes this
method of informing all
non-resident owners of Land and
other ratable property in the
town of Exeter, that unless they
pay their refpedive Taxes to him
previous to the firff day of No
vember next, that he Ihall imme
diately cause so much of their
property to be advertised for sale,
as will pay said taxes with inci
dental charges.
Exeter, August 6, 1792.
Dudley Folsom, CoL'e^or.
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