The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1820-07-11


er in Chief who is here y authorised TO issue TO
each such officer commission under the seal Of
this State.
June 90, 1seo-Approved,
AN ACT for the settlement of certain
equitable claims arising IN Real Actions.
c., De a. enacted by III Stnats and HOUSE
ga. ID of Rtpr.xeifnttpes an Ltgistdfufe az
senibled, That when any action has been or may
hereafter be commenced against any person for
the recovery of any lands or tenements, hoicen
by such person by virtue of possession and I'M
proyement, aud which the tenant or person, I'm.
der whom he claims, has had in actual posses
sion fer the term of six years, or more, before tne
commencement of such action, the Jury whicn
Try the same, if they find verdict for the de.
manaaut, shall, Of the tenant so request) also III
anire aud by their verdict ascertain the 'nereas-
ed value Of the premises, by virtue oil the ouiio
ings and improvements made by such tenant, or
those under whom he may claim; and III the
demandant require it what would have been the
value of the demanded premises, had no build
ings or improvements cen ma 2 by such tenant
or those under whom he may claim, and Il dur
ing the term in which such verdict shall have
been gwen, the aemandant shall make his cleo
ton on record, in open Court, to abandon the
demanded premises to the tenant, at the pfice
estimated by the Jury as aforesaid, then no Juds-
ment for posse sson shall be rendered on the yer
dict, but judgment Ior the same SO estimated
and after one year writ of execution may issue
for the same sum with one years interest
thereon and costa OF suit, unless the tenant shai,
within one year after the rendition oil sad luds-
nient, pay into the Clerks Office of said Court,
for the use the demaniant, one years interest
II until
the said SUN, and the cost OF suit, If taxed, IN
which case thu said writ ofexecution shall further
stay aud il the tenant shall within two yeats
after the rendition of said Judgment further pay
into the Clerks Office as aforesaid. one years
interest Of two third parts Of the said sum, togeth-
or with one other third part OF the said sum,
then the said writ of execution shall further stay
otherwise may issue for two third parts OF the
said sum, and one years. interest thereon; and
if the tenant shall within three wears after the
rendition of said Judgment, pay into the Clerk ;
Office a. Aforesaid, tie remaining third psr' OF
the said sum, and one years interest thereon,
having made the several payments aforesaid, the
writ Of execution shall be perpetually stsid, 9th.
erwise it may issue for the sad one third part oil
said sun and one years interest thereon and
thc said demanded premises shall be held Tor
the security Of the sum estimated, end inter-
est thereon aud costs Of suit until sixty days af
ter writ Of execution might have issued as aiore
sal i, liable to be taken in execution. in like
manner as real estate or equities Of redemption
attached on mesne process, Notwithstanding any
intermediate conveyance, ATTACHMENT or seizure
upon execution, and the demandant may cause
his writ of execution, when issued as aiere-
said. to be extended on the said premises,
in like manner and with like effect in all respects,
as executions may be by law extended on real
| estate or he may cause the same premises, or
so much thereof as will satisfy said execution and
costs, to be taken and sold upon the said execu.
ton in like manner aud with like effect in all
respects as equities Of redemption may ny law be
taken and sold on execution; and the tenant aud
his heirs shall have good title to the demanded
premises, against the demandanf and his hers
forever, except the liability aforesaid. But
should the tenant or his heirs afterw ards be CIVIC
ted therefrom, by a higher or bette title Of any
claimant or claimants, If he shall have duly no
tilted the original demandant, or his heirs, to aid
him in the defence of such suit. and admitted
him to al, accordingly, in eaof OF has appearing
and Offering 10 aid, such tenant or his legal repre-
sentative shall be entitled ~ receive and recover
back the same money. with the lawful interest
thereof from him, her or them, who shall have
had the use aud benef thereof in an action tor
money had and received to the use OF such ten
ant or his legal representative and II the de-
maudant shall not so make his election on record
as aforesad,nc writ Of seizen or possessio shall is
sue on judgmen ut Funded on such verdict,unless
the demandant shall, within one year from the
rendition thereof, have paid into the Clerks OF
fee of the same Court. or to such other person AS
the Court may for that purpose appoint, for the
use of the tenant, or the person or persons justly
entitled thereto, such with the interest there
of as the jury shall have assessed for buildings
or improvement as Aforesaid aud new action
for the recovery Of the same premises shall not
be sustained in any Court, unless the demandant
shall first have paid TO the tenant, all such costs
as would have been taxed for him had he prevail
ed IN the frs. suit Propided nevertheless, That
nothing herein contained, shall extend to any
action which is may be commenced by any
mortgage, his heirs or assigns, against any mort.
eager, his heirs or assigns
SEC. 2. .aad belt further enacted, That no
tenant against whom judgment shall rendered
in asy case, where the value OF the buildings AMI
improvements shall have been ascertaned IS
aforesaid, shall unneces sarily cut any wood, or
take any timber from of the premises recovered
against him, her or them, or make any strip or
waste thereof and such tenant shall BE liable
to answer therefor ia the same way and manner
he would have been, had Judgment for possession
been rendered on the verdict, and possession
actually been delivered in execution OF such
judgment.
SEC. 3. .9td be IL further enacted, That if the
tenant, or person under whom he claims, shall
Rod Ia ssio IN he i.r n ~