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


Court and those issuing from the Supreme Ju.
dicial Court, shall be made retunable at the end
Of SIX months, unless the Supreme Judicial Court
shall ST in the aid county within that time, and
IN that case il shall be returnable to the same ;
aud those issuing from justice ofthe peace shall
be made Teturnable within sixty days from the
day of issuing them and when such executions
shall be returned without any satisfaction made,
or satisfied only in part, the clerk of the court
from whence, or Justice from whom such exc
cution issued. shall, upon application o. the
creditor, make out an alias o. pluries execution
for the whole, or the remainder, as the case may
be, till the Judgment shall be fully satisfied
But if the party shall neglect for the space Of
one year next after obtaining judgment, 10 take
out his execution, or shall not within one year
next after bis execution shall be returned not
satisfied, take out his alias or pluries, he shall
sue out his writ &C scire faciss asainst the ad-
verse party, 20 show cause, II any he hath, why
execution ought net TO be done; and upon his
not showing sufficient cause, the court shall
award execution, for what remameth, with al
dItional costs; or the creditor may bring his &C
tion Of debt on the Judgment
SECT. 4. BE 81 further enacted. That whenever
Il shall happen that any sheriff, coroner or other
officer authorized by law TO serve executions
shall at the same tine have several execution:
wherein the reditor IN one execution is debtoi
IN the other. any such officer j. hereby empowered
and directed to cause, one execution TO answer
and satisfy the other. so far as the same will ex
tend PTorfGtd diirGgS, That this act shall not
be construed to extend 10 any judgments or ex-
ecutiOns wherein the creditor IN one execution
= not ID the same capacity and trust, debtor in
the other: And provided also, That nothing in
this act shall be construed to effect or discharge
he Gata ,rFht- hoe 49,
upon any judgments or executions tor his fees
and disbursements, or TO effect toe rights Of any
person to whom or for whose benefit the same
judgments or executions, or the original cause Of
action thereof may have been assigned, bona fide,
and without fraud.
SECT. 5. BE a further e7acied, That when any
goods or chattels shall be taken to satisfy an
execution issuing upon a judgment obtained,
such goods or Chattels shall be safely kept, by
the officer, at the expence of the debtor, for the
space flour days next after they are so taken ;
and II within that time, the owner shall not re-
deem the same by otherwise satisfying the exc
cutlon, such goods and chattes shall be sold al
public vendue to the highest bidder, having first
been advertised by The posting up notifications
OF the time and place of sale, forty-eight hours
before the expiration Of the four days in the town
or place where the sale is to be, and the money
paying charges and the satisfying the execution,
and the officer shall return the overplus, (if any
there be) TO the dettor. And the officer who is
possessed of the execution shall make return oil
the same with his doings therein, particularly
describing the goods taken and sold, and the
sum for which each article was struck off, and
If any officer shall be guilty Of any fraud in the
sale or in the return, he shall be liable TO the
debtor to pay him five times the sum defra uded,
TO be recovered by action of the case.
SECT. 6. Be a further enacted, That an at
tested copy or copies Of the execution left with
the clerk, treasurer, cashier Of any turnpike,
bridge, canal, or other corporation, and an adver
tisement Of the time and place Of sale being once
published within said thirty days after Judgment,
shall be deemed taking such shares or interests
in execution, pursuant 10 the attachment on the
original writ and SO many Of said shares,
or so much of said interest may be sold on said
execution at public vendue TO the highest bidder
as shall be sufi ient TO satisfy the same and tn
charges Of sale, after notice shall have been given
of the time and place Of sale in manner as
hereinafter provided and in case the officer
making the sale, or the purchaser or purchasers
Of any such shares interest do cause an attest
ed copy or copies of such execution, and the
cfcer's return thereon 10 be left with such clerk
treasurer or cashier, within fourteen days after
the sale is completed, and pay for the recording
of the same, such purchaser or purchasers shall
be thereby entitled 70 such shares and interest,
with all the privileges appertainng thereto and
the income and dividends which may have ac-
Crued or been made on the same subsequent TO
the attachment thereof on mesne process and
il shall be the duty ofthe proper officer or officers
Of such corporation, to issue 10 the purchaser or
purchasers under such execution such certificates
as by the bylaws and regulations Of such corpo-
ration are the evidences Of the shares or interest
Of 4 proprietor in such corporation.
SECT. Z. Be II firthsr enacted, That in making
sale Of any such shares or interest, the officer
holding the execution shall give notice in writing
Of the time and place Of sale 70 the judgment
de btor by leaving the same at his last and usual
place Of abode. il within the county IN which the
said officer dwells. and public notice Of the said
time and place Of sale. by posting up notifications
thereofin one or more public places p the town
or plant alton where such sale il TO be made, and
also in one or more public places in the two ad-
Joining towns thirty days al least before the time
of sale, aud further shall cause an advertisement
expressing the time and place Of sale, and Al
gainst whom such execution shall have issued on
which such shares or interests have been taken.
to be published three weeks successfully before
the day of sale in some public newspaper printed
IN the county where the sale is 10 be made. If
any such be therein printed, and il case no such
paper is therein printed, then such advertisement
shall be published in some public newspaper il
the nearest county wherein newspaper shall be
published; and in caie the judgment debtor has
at no time resided, or does not then dwell in
such county, the posting up such notifications,
and publishing such advertisements 10 manner
aforesaid, shall be deemed sufficient notice Of
such sale; and in csse the shares or interest so
Notified for sale shall not FOR want Of purchasers
be disposed OF al the time appointed for sale, the
officer shall adjourn the sale for time not ex
ceeding three days, and from time TO time, until