The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1821-04-10
PAYABLE TEARLT.


or 10 the paYmeu' ofihe eIeeltion BY which such
share, OF Interest. equity Of redemption. or per
sona property had been taken according 70 the
pri ,risy in regard time, Of such attachment or
taking In sneeurion.
SEcT. Fl. Be u further enacted, That when
ever any Sheriff, or Deputy Sheriff shall make
sale Of any share or interest ID an Incorporated
company, IF any right in equity to redeem mort
gagged real estate, or OF any personal property,
which shall before such sale, have been attached
on mesne process, or taken on execution by a
Coroner, and such Sheriff, or Deputy Sherti i
duly notified thereof III writing, he shall hold tho
monies in bis hands, arising from such sale, sub
ject TO such attachment execution, IN the
same manner as if he authorized 20 serve
the execution which shall have issued, or may
issue such mesne process, which said share
or interest, equity Of redemption, or personal
property. may have been taken BY said Coroner
SEcT. % Be ~ further enacted, That said
Sheriff or Deputy ShariE, after being notified in
writing by said Coroner, Of the execution in HE
the said Corouer's hands, on which said share or
interest, equity Of redemption, personal prop
erty, shall have been taken, or which issued on
the mesne process whereon said share or interest
equity of redemption, personal property had
been attached, Of the time of such attachment
on mesne process, or taking on execution. and Of
the whole amount, including fees due Oh said
execution, shall pay over 70 said Coroner the
amount due said execution, ar 90 M lch there
Of as shall remain in his hands, after satisfying all
executions, in his own hands on which said
share or interest, equey o. redemption, or per-
sonal property had been taken. or which issued
on mesne process wherein said share or interest,
equity Of redemption, or personal property have
been attached prior 70 the time Of attachment
on mesne process, OF taking on execution as
aforesaid. by said Coroner.
SECT. %. BE al further enacted. That whenever
any Coroner shall make sale Of such share or in
terest equity OF redemption CT personal property,
which shall, before such sale have been attach
ed on mesne process or taken 90 execution by a
Sheriff or Deputy Sheriff, such Coroner shalibe
subject to the same duties and requirements. in
relation TO such Sheriff or Deputy Sheriff, as by
the twenty first and twenty second sections ofthis
act Sheriff IS, in like subject to, in relation
to a Coroner
SECT. "a Be az further enacted That whenever
any Constable shall make sale Of any such share
or intesest, equity Of redemption, or personal
property, which shall before such sale have been
attached on mesne process, or taken on execution
BY Sheriff or Deputy Sheriff, or by Coroner,
such Constable shall be subject to the same du-
ties and requirements in relation to such Sheriff
or Deputy Sheriff, or Coroner as by the twenty
first and twenty second sections Of this act a
Sheriff is, in like subject to, in relation to a
Coroner.
SECT. IS. BE IL further enacted, That the
shares and interests held by any person persons
in any such company as aforesaid, may be at
tached on mesne process and taken and sold On
execution, in the manner provided in this act,
ard 10 ether, any thing ii the act Incorporating
such company 70 the contrary notwithstanding.
SECT. 20. Be IL further enacted, That all
proceedings under the authority of the second,
ninth. tenth. eleventh and twelfth sections of
this act may be had in any county in which
either he CREDITOR the president, either ofthe
directors, the treasurer clerk OF said CORPORA
ton may reside or dwell.
SECT. p. BE al further enacted. That when any
person shall obtain judgment IN any court within
this State for any sum of money, and the person
or persons against whom the judgment H. does
not satisfy such Judgment, and the creditor can
find no personal estate 20 his acceptance. where
with TO satisfy his execution, and shall think
proper TO levy his execution upon the debtors
real estate, then the officer to whom the execu-
tion Is directed ard delivered. shall cause three
dslnterested and discreet men, being freeholders
In the county, one TO be chosen BY the creditor
or creditors, one by the debtor or debtors. whose
land IS to be- taken. If they cause, and third
by the ofhcer; and in case the debter or debtors
shall neG iect refuse TO choose as aforesaid af-
ter beng duly notified by the officer If the debtor
De wing in the county in which such land lies,
the officer shall appoint one for such debtor or
tae peace oftbe same county. faithfully and i'm
partially to appraise such real estate as shall be
( shown 10 them, who shall apprAise the same. 10
satisfy the same execution with an fees and shall
set out such estate by metes ana bounds, and the
officer shall deliver possession and sezen thereof
TO the creditor creditors his their attorney.
And hen the real estate az the debtor or debtors
shall Dc held IN joint tenancy, in copsTcenaFy or
tenapcy IN common with the real estate Of Olher
persons, then the said officer may extend execu-
ton such debtor or debtors real estate held
aforesaid, part thereof, describing the same
with much precision the nature and situation
thereof viii admit of and give the creditor or
creditors, his their attorney, seizen and posses
sion Of such debtor debtors real estate held as
aforesaid, part thereof to hold in common with
the said other persons which execution being
returned with the doings thereon into the Clerks
Office, and before such return into the Clerks
office afterwards and within three months, the
same shall be recorded in the registry Of deeds
Ia the county where the land lies, shall make as
good title 10 such creditor or creditors, MS or
their heirs and assigns the debtor had therein;
saving always 70 widows their dover IN all lands
taken from their husbands by execution.
SECT. %. BE II further sndcied, That when il
~ happens that the real estate extended upon
cannot be divided and set out by netes aBd
bounds as before described, ar by the description
before mentioned, then execution shall be extern
ded upon the rents OF such reai estate. and the
officer shall give seizen thereof 10 the CREDITOR or
creditors, his their attorney and also ~ CASE
Of extending execution rents aforesaid,
shall cause the person ID posse sion and improve
ment, 20 attorn and become tenant to such cred
tor creditors, and pay the rent to him o. them
accordingly: and upon refusal hereof. 10 tulR