The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1821-03-22
AN ACT respecting mortgages
and The rights in equity of re-
demptiOn.


SEC. /. Be az enacted BY the Senate and House
Of Representatives., an Legislature assembled, That
where any morigsgee or vendee, claiming any
lands or tenements granted upon condition by
force Of any deed Of mortgage or bargain and sale
with defeasance, or any person claiming and hold
ing under them, have lawfully entered and OBJ
tanned, shall lawfully enter aud obtain, the
actual possession of such lands tenemeEts, Tor
the condition broken, the mortgageor or vendor,
or other person lawfully claiming under them
shall have right 10 redeem the same, at any time
within three years next after such possession OBJ
tanned, and not afterwards, and upon payment or
terdeTlng Of payment Of the original debt and
damages, with lawful interest aud costs, or per-
forming or rendering performance of such other
condition, as the may require, or such part
thereof as was remaining unpaid or unperfotned
at the time Of such entry, together with such fur
ther reasonable sums as may have been dsbursed
and expended in necessary repairs Of fences and
buildings and for the advancing and lettering
such estate, over and above what the rents and
prohts thereof, upon just computation, shall a
mount 10, 10 such MORTGAGE, vendee or person
lawfully claiming and holding under them, and
IN possession aforesaid, within the time alore-
SAID such mortsagee, vendee, or other person
claiming and in possession as aforesaid, 10 whom
such tender has been or shall be made, shall be
ance Of the condition and thereupon TO restore
and deliver possession Of such estate, and seal,
execute, acknowledge and deliver good aud
sufficient deed in the law of release and quit
claim, and all his right therein, to the person
making such tender, having lawful right to re-
deem the same, or cause satisfaction and pay
ment TO be entered in the margin Of the record Of
such mortgage in the Registers Office, and shall
sign the same, which shall forever after discharge
and release such mortgage, and perpetually bar
all actions TO be brought thereupon in any Court
OF Record. And if, on payment or rendering of
payment, performing or rendering Of performance
as aforesaid, such mortgagee, vendee, or person
lawfully claiming or holding under them, and in
possession as aforesaid, doth shall refuse
neglect to deliver possession and release his right
IN such estate as aforesaid such mortgagor, ven-
dor or other person lawfully claiming aforesaid
NAV have his bill in equity originally triable in
the Supreme Judicial Court or Circuit Court of
Common Pleas in the County where the estate
lies, and shall insert the same in writ of at
tachment or original simmons, retur1able to the
Court whose seal it shall bear, and shall cause
such writ 10 be served on the adverse party,
other wrIts OF attachment or original summons are
by law TO be served. PTOcidsd hOrerer, That the
entry above described, shall be, by process oflaw
or by the consent in writing of the mortgagor or
taking peaceabe and open possession of the
premises mortgaged in presence oftwo witnesses.
SECT. 2 BE al further enacted, That the
Justices Of either Of said Courts are hereby en-
powered and authorized to receive and hear eve
~ such cause as shall be brought before them
aforesaid and on consideration of the several
pleas and allegations made by either party (or by
the party complaining only, in the other
party upon being duly called does not appear,
but makes defaul) to decree and enter up judg-
ment therein, agreeably to equity and good con-
science, and to award execution accordingly; and
IN case Of the non appearance Of the party COM
planned OF, or Of his refusal TO accept such sum
the Court shall adjudge to be due, or TO accept
such other act or'thng as the Court shall adjudge
reasonable and equitable performance of the
condition of the deed, and thereupOn to restore
possession ard execute a release aforesaid,
such sum being left in the custody of the Court
On behalf and for the use Of such party, or such
other act or thing the Court shall order and
direct being done by the complainant, judgment
shall be entered up for the complainant 10 recov-
er possession of such estate, and execution shall
issue accordingly: and the Court may, at their
discretion award costs TO either party, as equity
may require PrOpided, That nothing herein con-
tanned shall be construed TO prevent appeal
from the judgment Of any Circuit Court Of Com
mon Pleas rendered upon any process gwen by
force Of this act.
SECT. 3 BE a further enacted, That in all real
actions on mortgage, or bargain and sale with de-
iessanoe, the judgment shall be conditional,
that If the mortgagor or vendor, his heirs, exec
utors or administrators, shall pay unto the mort
sagee vendee, his executors or administrators,
such sum the Court shall adjudge due, within
two months from the time Of entering up judg
ment, with interest, then no writ Of possession
s5aliissue, otherwise the plaintiff shall be entitled
to his wri, of possession in due form Of law.
SIC. 4. BE Il further enacted, That when it
shall appear 10 the Court in any suit, which Is