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


Al public auction, in the same manner as IS pre-
scrloed fir The sale aud conveyance Of the real
estates Of such banks in This SCI.
SEcr. Is. Sc 1t further enacted, That any deb,
secured by such mortgage, aud due TO such
bank st the time Of the sale OF such mortgage,
shah pass BY the deed Of conveyance executed
by the officer who shall serve such writ OF exc.
cution and be completely, and 10 all intents snd
purposes transferred TO, and YES ed IN such pur-
chsscr I; and such purchaser, or his legal repre-
sentatiyes mS7 in his ewn name maintain any
action proper recover such debt, or To obtsin
possession Of such lands, tene 1ents or heredits-
meni,, which might have been maintained in the
name Of such bank had no such sale been had
and the copy Of such mortgage deed duly certi-
fed by The Register of Deeds for The county or
district where such lands are situated, and
where such mortgage deed shall be recorded.
shsl be considered prima fsce evidence Of such
NOR gage deed, and OF the no,e or other obligs-
ton on which such mortgage j. founded and
that the same were remaining due and unsatisfi
ed at the time of the rial OF such action sn6
il hail be the duty W The cashier or clerk Of
such bank, OF reasonable request. to furnish such
officer, who shall serve such execution, or the
Judgment creditor with a certified copy of such
note Or other obligation, together with copy
Of all The endorsements thereon, and statement
OF all such payments as shall have been made
thereon by such debtor; and whenever such
debtor shalt have psid 10 such purchaser the
amount due on such noIe or obligation, be shall
be forever discharged from such note or oblIgs-
non.
SECT. is. BE itturthev enacted, That no gift,
sale, fer, conveyance or endorsement OF
such note or mortgage, made BY such bank, af
Ter notice to such bank and such debtor of the
seizuFe hereof, on exec ution by such officer for
the purpose of sale under this act, shall have
any validity, force or effect against such pur-
chaser under such sale st auction. but the same
sbalI be adju4ged null snd void, except only be-
ween such bank and such person 10 whom such
bank shall make such gift, sale, transfer con-
yeysnce endorsement, their haire, executors
al ninistr't0rs and aSsigns.
seer. II. dad Be II fu,tbs, enat7ej, That al!
rights 10 equity OF redeemIng real estate mortgag
ed, shall be liable to re taken 10 execution upon
judgment for the payment of the just debts Of the
mortgager or owner and ,he officer having such
execution il hereby authorized TO make sale Of the
same al public vendue, and to make, execue &c
knowledge add deliver TO the highest bidder good
and efficient deed or deeds Of any estate sold
IN m amer as is hereinafter expressed. And the
officer shall give notice 10 writing, of the time and
pace of ,ale TO the debtor ia perfon, by leaving
the lame al his lait aud ual place Of abode, and
public notice of the said time and place Of iae,
by polling up notifications thereof in two or more
puOic places ia the town or plantation 10 which
such mortgaged estate is situated aud also in one
or more public places in tive adjoining TOW rs, thir-
~ DAYS Ct least before the time Of sale and fur
Their fha cause a. adve ctisement of the time and
place Of cate 70 Be pubiisbed three weeks success
lively before the day of sale in some public news
paper printed 10 the county 10 which such real e,
hac n. 49, axa
ted, and The notifications aforesaid, being given or
posted up within TIE space Of thirty DAYS after
judgment given. whsreon such execution fhaIi is
sue, the attachment iha hold the equity, attached
as aforesaid, until The levy Of iuch execution can
be completed 10 manner herein aft described. And
in the notified for tale as aforesaid ha
not be disposed Ct az the time and place appointed,
the ctlcer shall adjourn the vendue, not exceeding
three days, and so from time to time until the sale
ihah be completed. And the surplus monte, (if
any there shall be- arising from such sale, beyond
satisfying the debt, costs and necessary intetvsu-
ing charges, the officer shall return 10 the debior
SECT. 8. Be futile, enn9ed, That all deeas
made and executed as aforesaid, shall be effec-
tual all iDteuts and purposes 70 convey be deDt
ors right IN equity aforesad 10 the purch assr his
heir. and ailisus, a. fthe same mad bsen made and
executed by such debtor or deb;ors Prorided
The right 10 equity so sold, within che year NEXT
after the time OF executing he deed dse@ here
of, in manner aforesaid. by paying the sum which
may by such sale have been satisfied on such ere
cuuon. with the tnterest thereof, deducing The
rents and profits the purchaser any uuder him
may have teceved & above the repair. & bet
termeu 5 maze BY tie purchaser any urse. Iii n.
SECT 9. Be 1t J4',bsr enaSssd, That he es e,
right, title or interest ct any person, owned bold
en-, or claimed 10 virtue ola pofleiion, ioprovs-
ment as expressed in act for the settlement +
certain equitable claims arising real f.ctioDs ,
shall be liable 70 be taken by attachment, on agspe
process, ard ty execution. And whr.n any iuch
right, title, Inie est estate shall lie seized n
sold upon execution, such notice ahali be given,
.nd such proceedings had, ia every respect, are
required by law, in abe sale Of al equy Of re.
demption aud the debtor, whose right, tile, IL
terest, estate j. go taken md ,oId, shsll bave
the right of redeemng the s. me, within such time
add in such manner as is provided IN cases OF "a
Of equity of redemption.
SEcT. 20. Be IL /xftbl, ssae7s5 That Whenever
an officer shall have in his hands any money ari.
Ing from the sails of tie shares inter- 4 sforeaid
or from he sale OF any equity of roaemptiCp, or
personal property, more than sufF.snt 10 satisfy
the execution or e1eeurio, ca Aich such fhares
CT interests, eqIiiy Of redemp'p T. or per.ons pro
perry were Aen add sod sV ca cficer hal apply
The 'ame 'urpus money. rr such part thereof as
may be ne:es'a1y 10 The n J ment az any Other
seution which he may NJ We in his h.nds unsatsfi
ed 'garft the same der cr or which may be celiy-
cred 70 him before h. ,han have paid over such
5urpiu' money any ttiug this or any other aw
q his State 20 the Contrary no,wirhtsnding; Pro
7ced hoVeteT, THAI ii ruch share est equity
Of redemption personal property, shall, before
'nen sale havo been attached on mesnc process
other than at on which such execution shai
have issUeJ, or shall have been taken on some orr
e eIecu.n q and the aid clncer is duly nolIiel