The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1821-05-01
LAWS OF MAINE.
hsa.s year q our Lord ere thousand eight hundred
and fSeniy one.


AN ACT regulating Judicial Process
and proceedings.
DEu enacted By The Senate and
'h'' . ID House Of Representatives. tn Lsgis-
hf,srs 9ssemblsds Thar when the goods OF estate
Of any person shall be attached at the suit Of
another. 10 any civil action, sommons in form
prescribed by law, shall be delivered TO the party
whose goods or estate are attached, or left al his
or her dwelling house place OF last and usual
abode, 6ourtee days before the day oftbe sitting
of the Court where such attachment is returna-
Bile aud ii the defendant was not at any time an
inhsbiiapt OF resident within thss State. or has
removed fhereirom, then such summons shall De
lett with his tenant. agent or attorney; and such
service shall he made by the officer to whom the
wit may be directed, who shall return the same
according TO the precept thereof: And II such
defendant shall not have tenant, agent or attor-
ney within the State. and his goods or estate
shall be attachedas aforesaid, the officer shall
return the writ with his doings thereon; and
such action being duly entered, the Court may
order such notice 10 the defendant. As justice
may require.
Seer 2. BE ufuriher enacted Thatin all suits
wherein the process is by orgrSl summons a.
against executors, administrators or guardians, IL
sjectment, do Ser scire isclaS, error, review. and
ali other civil actions wherein tne law does mol
require a separate summons TO be left with Inc
defendant, the service there u by the proper
officer shall be good and valid IN law. either by
his reading the writ original summons TO the
defendant, or by leaving certified copy ;hereoi
at his or her house or place of last and usual
abode, fourteen days before the same is returns
Bile and il al real actions, where the defe naant
or defendants IN review live out Of the state, so
that the writ of review cannot be served upon
him or them the service Of such writ upon the
tertsnant OF person in possession shall be deemed
good and sufficient service, and the defendant
or defendants shall be held to answer thereupon
accordingly.
SECT. 3. BE al further enacted. That in all
actions wherein the process shall be by original
summons aforesaid, and the defendant was at
no time an inhahitant resident within this
state or has removed therefrom. then the service
thereof shall be in like manner, by the proper
officers reading the same to, or leaving like
copy duly attested with the tenant, agent or
attorney Of the defendant. the like number OF
days before the day Of the sitting Of the Court
~hereto the same process shall be returnable
and if such defendant shall not have a tenant.
agent or attorney within the State, the plaintiff,
or demandant may enter his action and the Court
may order notice to the defendant in the manner
provided ia the first section Of this act.
SECT. A. BE IL further enacted, That in actions
of dover and other real actions. wherein the
possession Of land or buildings shall not be de-
manded in the writ of the tenant in the actual
possession or occupancy thereof, in addition TO a
service on the defendant in the writ or summons
as aforesaid, there shall be a service such
tena Il the like number of days before the day of
the sitting Of the Court, by the proper officers
reading TO him or her the same writ or original
summons, or leaving Ike certified copy at his
or her house or place OF usual abode on the
premises. which shall also be certified by the
proper Officer: or the writ shall abate.
SKcT. b. Be Il further enacted, That when
two more jointly obligated by act Of law
az agreement, and one or more Of them are with
out the State, having property or estate, but no
tenant. agent, trustee or attorney within the
rame, the property or estate Of those so without
the State, NAV be attached. and the summons
being left by the officer serving the writ with
those within the State, shall be deemed legal
service on those without the same PrGrided. one
continuance shall DO granted, unless the plaintiff
can she W that notice has been given to the per-
son so out of the State. in which case the Court
may proceed at their discretion, without granting
"a continuance.
SECT. 6. BE ii further endcied, That when a
suit shall be brought against any town, parish,
or against the proprietors of any common
divided lands or other estate, the plaintiff shall
tors, or one or more Of the Selectmen Of such
town, or assessors Of such parish, 10 be served
with a copy ofthe writ Of summons, at least thir-
" days before the day Of the sitting Of the Court
10 which the same shall be returnable.
SECT. T. Betf further enacted, That when a
suit shall be brought, and no one Of the defend
ants named in the writ, shall, at the time Of the
service thereof, be inha bitan resident with
in this State, or then be present within the same
and shall not return before the time of trial or
IL the action shall be grounded on a tort. and
any one the defendants shall so be absent or
not iahabitant or resident, and not re turn then
fhe Court wherein such suit shall be pending,
shall continue the same TO the next term, on
suggestion Of the fact being made on the record.
And if the defendant, whose absence was noted
on the record, shall not then appear by himself
ar attorney and be remote that the notice Of
such suit pending could not probably be convey
ed 10 hin, or her during the vacation, the said
Court n,ay further continue the action TO the
next term and no longer. And in such cases
where judgment shall be entered up by default
after one or twy continuances as aforesaid, exc
cution or writ Of sezin shall be stayed and not
ISSUE until the plaintiff or demandant shall have
given hend with sufficient suretjes 10 double the
value of the estate or sum recovered by such
Judgment TO make restitution, and tn refund and
pay back such sum az shall be given in debt, or
damages; or 90 much as shall be recovered upon
a suit therefor, to he brought in one year next
after enteriug up the first judgment upon such
suit the j. igment shall be reversed, annuied OF
altered !; the security aforesaid to be no further
answeiable than for the recovery that shall be
made on such suit to be had within one year as
aforesaid Prorided nererfheless, II any plaintiff
or plaintiffs in any such suit shall at any time
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