The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1821-03-22

te nements. granted and held upon condition, Dy
force of any deed of mortgage, or bargain and
sale with defeasance, that, by reason Of any as
signment or conveyance thereof, before the CON
mencement Of such suit, or FOR any other cause,
it is necessary to the attainment Of justice, that
some other person claiming or holding by force Of
such conveyance, should be made party to the
suit with the original defendant, the Court may,
on motion and upon such terms, with regard TO
costs, they shall deem reasonable, order such
person to be made party TO the suit, by serving
him with attested copy Of the original ball IN
equity, and the motion and order thereon, in such
manner az the Court may direct. And upon the
appearance OF default Of the person summoned
the suit shall proceed in the same manner as Al
he had been originally made defendant.
SECT. 5. Be a. further enacted, That when
. decree shah be made for the redemption Of any
lands or tene ments granted and held as Aforesaid
the Court shall have power 10 enter decree pr
Judgment, aud to award execution against any
f-fendart pr defendants Jointly or EeyeTallY, AZ
tbs case may require. for such amount IN damages,
as shall 10 equity and good conscience, be found
due from hin or them respectively, for the rents
and profits received, over and above the susns
reasonably expended in repairing aud bettering
the estate 10 be redeemed.
SECT. g. BE III further enacted. That when any
sum Of money shall have been brought iDtoCourt,
ments, granted and held as aforesaid, the Court
shall have power to deduct therefrom such sum
as the party for whose use it was brought in, may
be justly chargeable with, by reason of rents and
profits which he has received, or costs awarded
against him in the same suit; and the amount 50
deducted, shall be restored to the party who
brought in the same. And ifany pers ~ to whom
money is rendered in order 10 redeem lands or
tenements granted and held as aforesaid, shall
receive of the person rendering the same larger
sum than he is Justly entitled TO retain, he shall
be held to account for the excess, IN manner
Aforesaid.
SEC T. Be- Il Ea,ibsr enacted, That whenever
any mortgage. who shalt have mortgaged acy real
etare 20 the State. his eTesu-ors, admF1iitrators,
heirs ali yns ihs pay nto the tresfuiy The flu
sum due % such mortgage, the Treasur er may. aud
i ihall ne his duty, 20 Ign and fea discharge of
fuch mortgage, and reieafe and quitcaim TO The
elta-e therein mentioned TO be .antsd a. q % ac
know edge the fame before Iuilice Of The Peace
which deed being recorded inthe Reg'lry 0 Deeds
for the Coun.y where such eltafe j. situate, lh7i
sfectually discharge such mortgage to all inients
aud purpofes PrUrided hODeger, That nothing in
this actifhal be confirmed 20 authorize any mortgs
gor, his heirs executors, Administrators or hgns
to redeem any morgaeed premifes, after the sx
pra,ion Of three years from he eutry of the State
by the Trealurer, or his sub0rute, or aFy other
pc fon thereto authorized by aw, upon the mo &
gagged premises for the breach of the co ditIon of
the mortgage.
SFer. 8. Be az further cnccIed, That whenever
there shall he disag reerneni hefween the Frsas
Ter for the time betng, aud The person applying 70
redeem any real estate morgaged to the State, as
TO the sum equtsbiy due on such mortgage, the
Tersou so applying and having a tight 10 redeem
such estate, may file bill in equity for the re-
"A. Id -,
in the county If Cumberland, and the 'sme Court
shall cau,e al ates.e ed copy IF such petition, with
a sunni ons thereon, to appear at he mex; Term Of
sad Court in said county, TO be served fourteen days
before the commencement thereof 90 the Treasu-
rer who is hereby authorized N behalf of The State
to appear 10 said Court and answer 10 such peti
tions and he said Court within said county shall
proceed TO hear the parties, and .haii determine
and zdiudge what sum is justly due on said mort.
gage to the State and the Treasurer ghall be EN-
powered, and il shall be his duty to accept the sum
sdjudged by said Court, 10 be due on said mort
gage, and upon receiving the to discharge aud
release such mortgage 10 the manner prescficed in
the third section of this act PrOuided Arrays that
all the coats and charges Of disShargiog such mort
gage and of the process for ssceraning The sum
due on the same, shall be borne by the person or
persons, applying to redeem the estate nortgagea
and not by The STATE or the Treasurer.
SET. 9 b al further enacted, That whenever
any person or persons, to whom any aods, tene
ments or hereditaments may be nloTTgaged for the
payment of debts, or the performance of any COZ
lateral promise or engagement Whatsoever, shall
decsase before recovery Of sezin and Possession Of
the lands, tenements OF Entertainments mo-tgaged
tina, then tie debts due, on said cesd or mortgage,
and the lands tenemenIs or herefitamenis morn.
gagged by the same, shall be assels 10 the hands of
executors or administrators, az 9eronal estate, *
the executors administrators shall have the same
Control and power OF dis 2osal of all the which
the said deceased had 10 the Ia IDS, tenemsnfs and
hereditamen;s mortgaged, a. if they had been
pledge Of per sona estate; aud executors or ad
minIsraors may bring actions for recovery Of seiz
in and possession Of the lands tenements and he
reditaments nortgaged, as aforesaid IA VIII CHI &C
Eons, IL shall be sufficient TO declare rhe se'zln
and Possession of the testator or iniesiaie. Add
executors adminlstf ators shall recover
seizn or possession of lands, tenements or heredi
tsinents nortgaged a. Aforesaid, the execu ors or
shall be seized and possessed Of The
eflate 50 recovered to the sole aRc behoof Of
the widow add heirs of The interstate, or such de-
visers of The lestator TO whom iad efsase may be
devised.
&C 10 BE IL further enacted hat alter exec
u OILS or administrators shall srizIn and
possession u any lands teuements hereditamelt,
mo gagged aforesaid, i any morigagor, his heirs,
executors. administrators or assigns, shall within
~ lHie lin ted edeeming the estate mUrtgH- |
grd jeem the mortgaged Premises, the execu o |
D. administrators shall De -nt tied 10 receive Ihe
said redemption money, and ire hereby authorized
m o., cred and directed 10 discharge ID. saId mott
Z td ~ enses by release, quitclaim Otbtr egal
con, eyA1ce.
&c. IL BE IL further eRdcied That ia the /
chase " any sghs in equity 10 redeem moi ia