The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1821-05-29


same execution or warrant al distress, within
a reasonable time after the Eeium day in the
same mentioned, with the money, If any, that
be hath received and collected by virtue there
OF and where the same shall necessarily be
returned un-atis6ed, or sa listed in part only,
such treasurer may Issue an alias for such sun
as may re main due on The return Of the first,
and 50 totes quotes; which reasonable time az
ter the return day shsll'be computed at the
rate Of forty eight hours for every ten miles
distance from the dwelling house Of the sheriff
or his deputy, to the place where the warrant
may be returnable and any sheriff or deputy
sheriff, tba, shall make default in accounting
for, aud paying in the monies be may have
collected and received Of any deficient con-
stable or collector, by execution or warrant or
distress as aforesaid, or in making return OF
bis dolngs within reasonable time as aforesaid,
shall be liable to pay the whole sum in such
execution or warrant OF distress mentioned
and the treasurer of this State, and the treas
1rers OF the counties, towns, plantations and
parishes respectively, are hereby Authorized
and empowered to make out their warrants
respectively, directed 10 the coroner of such
county, where any sheriff or bis deputy il de-
hcient as Aforesaid, requiring them respec-
lively as Aforesaid to d.strain for the same,
upon The estate, real or personal of such def
Client sheriff or his deputy, as IS before direct
ed herein, with respect TO the sheriff or hrs
deputy making distress upon the estate Of de-
hcIent coDstables or collectors which warrant
the coroner OF any county respectively is here
! oy empowered and required to execute.
SECT. 46- BE IL further enacted, That any
ofhcer who may have occaeion to distrain any
personal property Of any deficient constable
or collector, by force Of any warrant Of distress
or execution issued by the treasurer of the
o.a'e' OF ~ the TREASURER OF any county, town,
plantation or parish, shall proceed in the sale
OF sa'd personal property, 10 The same manner
such oihcer by law is obliged to proceed i'm
serving executions upon judgments obtained
oy creditors agains. their debtors, where per
sonaf estate Is taken for satisfying The same.
oEcT. AZ. he a. further enasted. That when
any execution CT warrant of distress issued by
The treasurer OF The state, or treasurer Of anv
county, town, plantation or parish 10 the sher.
III or bis deputy, or 10 the coroner, shall be le--
Wed on the lands, tenemenis of beredi,ampnts
OF any deficient constable, sheriff or DEPUTY.
IN every such case the officer executing such
warrant OF distress, shall make sale thereof az
public vendue to the highest bidder, and exc
cute good deed or deeds OF bargain and sale
thereof, to The purchaser, having first given no.
tice OF the time and place Of sale, BY posting
advertisements, al least fourteen DAYS previous
thereto, 10 two or more public places in the
town or place where such lands or tenements
lie, as also ~ the two adj acent towns aud all
DEEDS and conveyances OF any such lands or
tenements duly executed as aforesaid, shall be
good and etiectual in law unto the purchaser.
bis heirs and assigns forever 10 all intents and
purposes, as though executed by the deficient
constable, sheriff or deputy and in case the
produce OF such lands aud tenements shall not
satisfy the sum or sums, mentioned in the said
warrant or warrants of distress, together with
reasonable charges arising thereon, then the
treasurer issuing such warrant, shall issue an
alias execution or warrant Of distress for such
remaining sum or sums, and The officer execut-
ing the same, for want OF estate, shall take the
body OF such deficient constable, collector. or
deputy sheriff. and hius commit unto the com
mon gaol Of the county whereto be belongs
'' he shdIl pay Tue same r0OIded Gt1gGyS,
hat when any constable, collector or deputy
sheriff shall be committed TO gaoi for default
IN payment of any taxes cumRtted u him 10
collect, such constable, collector, or deputy
sheriff shall be admitted to the liberty of the
gaol } yard, they procuring lhcient bonds in
the same manner as by law il prescribed for
other debtors.
Sec. AZ. Be Il further enacted, That when
ever a constable or collector Of any town,
plantation or parish, shall be taken on execu-
ton by virse of this act, it shall be lawful for
the assessors Of such town, plantation or parish,
for the time being, 1t they see TT, 10 demand
and receive Of the constable or collector, taken
as aforesaid, true copy Of any Or all the as
sessmeDts which as constable or collector
aforesaid, he had in his hands Unsettled, at The
time Of being taken as afOrt said, with the
whole evidence of all payments on the assess
ments demanded as aforesaid land in case the
said constable or collector, taken as aforesaid.
shall upon being demanded thereto, deliver up
10 The said assessors, all the assessments, which
he as constable or collector al aforesaid shall
have 10 his hands unsettled, together with tie
whole evidence Of all payments on the asses
mems demanded as aforesaid, then the said
constable or collector shall receive such credit
as the said assessors, from an inspection
Of his assessments shall aJjudge him entitled
10 and the said collector or constable taken
as aforesaid shall be holden for the payment
for such sum or sums Of money, as shall be