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

administrator, or assigns, at any time before the
debt with interest is fully sstV.ied tender and
pay 20 the creditor or the 'eniat in porssion Us
Ger him, The full remainder of hi. seb,, Interest
and charges, 70 ne iqud,ted by three justices of |
the peace, and recover he possession OF be same
10 manner provided IN III, act.
srcr. 60 Be IL IErf5., ssat7sd That whenever |
q C. editor IN eIeeustoa. shalt think proper 70 ex
tend aud levy the sny raw mill, grist mill,
other mill. factory mill privilege or O her real
estate, which cannot be divided without PredJn- |
Dice TO, or spoi'iug the whole, and where the |
whole OF 'ueh sw mill, srIt mill, or other mil, |
factory, mill priv eye, Or other real estate, Is
not neceJary for the .ztisfying Of ,uch eIecuticn
the same may he ertendsa and LEVIED 10 manner |
before prAenbed, upon the same, or upon any un
divided part thereof, which shall be 'uthcent 10
satisfy such execution and IN case the estate Is
situated that The same cannot be. off by metes
and bounds, the return upon the execution shalt
describe the whole estate, with a. much precision
a, the nature of the Gaze will admit; which enc
eution being returned and recorded, IN manner
before prescribed, shall vest 10 such creditor in
eIecu ion, as good and valid a title thereto as the
debtor had therein, when the same was attached
on mesne process, or taken IN execution.
SEcr 50. Be IL fvfIu s.at7e8, That when any
tenemenu lands N art or 10 whole, shall be ia
ken in execution for csbt il shall and may be law
full TO and for the execution debtor, his heirs or
sfhgns, executors or administrators, within the
space of one year next following he extending ex-
scuton therson, 10 tender The creditor or those
claiming under him, the debt for which the same
tenement was t.ksa, With interest from The time
of the extending the execution, aud the rea'onsbe
and necessary charges aud Endorsements laid cut
aud expended thereon IN repairing or bettering
the same, aud above what the rents, profits
and improvements thereof shall fall short of reim
bursting such charges aud interest, 10 be accounted
for by the execution creditor, o those claiming
under him, which disbursements, erpenses, rents,
profits and Improvements may be settled by any
ihree justices Of the peace in the county where
tbc land lsys 8; the charge and eXpence of ths
debtor, one to be eh0'en by the debtor, and the
other By the creditor ifshe shall zee cause 10
ehoo,e one, otherwise tbsy may be both chosen by
the debtor, and the third by the two justices so
chosen by the pa ties. Of them above di
rected, aud which third shall be chosen before the
other two proceed 10 a consideration OF the bust
ness and If the creditor The tenant 10 posses
zion a. Aforesaid, upon having tender made of
tse sum fed under the hands of the said Jus
tces chosen aforesaid, or either two Of them, 20
be due 20 him upon The execution, shall refuse
10 esecue good and lawful deed of releafe to the
debtor his hers lin Gaze Of bis deces,e of the
land or tentmenis so taken IN his execution the
debtor or his heir., executors or administrators
who shalt make such tender. may bring his action
of eiecment against the creditor or the person
claiming under him and, upon lodging in Court
the money terdered, shall recover the ,ite aud
po,session Of The land fu Y as the debtor held
the zane before the extending the execution upon
IL together with his of suit Provided Hs9e,-
,5siy thar IL the eredi or. the tenant poises
,on under him aforesa d, shall, before the bring
ing the action have oe ed the debtor or his heirs
Irrsr
such deed of reIea.e, and shall plead the same it'll
disclaimer 70 the premises then and 10 such case,
upon the plaintiff producing in Court the money
90 tsnderes, judgment shall be gwen for the pain
tiff TO recover posseaiou of the lands taken in
execution, and the defendant shall recover his
cost.
SECT. 81. Be il frtbs, sraG7sS, That when
ever any action shall be commenced against any
manufac 'uting corporation, that may hereaf be
created, or whenever any execution may issue
against such corpor alton, 90 any judgment render
ed in any civil action, and the said corporation
shal not, before the day on which the ,aid execu-
too 10 teturnable, after demaud thereof made up
on the president, treasurer or clerk Of such corpo
ration, By the officer 10 whom the writ or exc
<uion against such corporation has been commit
ted 10 be served, shew 10 he same eff .er 81 fl
cieot personal estate to saisfy auy judgment that
may be rendered upon tEch writ 10 satisfy and
pay he cfeli or the sun. due UPON uch execution,
the upon such neg ect ard default, pon the is
sung of an alais execution may be committed for
sew e may erve and levy the same writ and
eXecu ion upon ne body bodies. ans real and
persona efs.e or es ates Of zpy member or mem
Der of such oorpora, ms; upon the body or
bodIe>, aud neon he ETA real aud persona of any
p on or person who were members OF ga ccrp0-
r. ion at the .ime when the deb, or debs accrued
upon which such wrin or execution, m y have is
sued.
sFcr. 80. Be IL fs-fBe, .nae7sd That when any
good. or estsle are attached upon a writ or pro-
which saa be peoding, may hereaf er be
peoting N the supreme judicial Cout or CiIcuit
Ccust of Common Pleas the same shall not be
reles'ed or unchanged by reason of the death of
either parry Dut be held good 70 respond IA.
judgment 10 b. gwen on uch su or process 10 the
same manner p BY law they would have been If
such deceased Per 90 had been lIvIkg Prsridsd
ai-rdyI Thai where any estate attached as afore.
said shall, by ne executor or executors, admin
istra or a6rliDiIrators of the same, be repre
tentea as iasolveri and : commission Of iu.olven-
cY shall therein ION iuue 10 al such cases st. 1
tsckn1 snts made a. Aforesaid shall have no force
or efficacy after the death of the original defend /
ant or defendxp's so the action.
Seer. SO. BE further enacted. That upon
any judgment 10 any Court of law in rhs State, 10
{ he name or for he use and benefit Of this State
for any sum of mercy, q writ ofexecution in com
mon form shall .sue, and be directed to ths prop
officer, aud the lands of such judgment debtor
may &c taken on -uch execution. and sold az public
vendus TO the hig hes' bidder. And 10 every such
cs-e The officer who hail ievy such execution nav
and 80 execu;e 20 rhe purchaser soot deed
OF ,na. o by him sold Aod every such off
&C ere he shali proceed 10 sell any land. IN
manner above describe, snail give notice 10 writ