The Massachusetts spy. [volume] (Worcester [Mass.]) 1821-1823, 1823-03-05


eight hundred and t,oenty-ttree
An Act regulating Attachment on Mesne
Process.
SEC. ]. Be ii enacted By the Senate and
House Of Representatives. an General Court as
SemOted, and by me authority Of the same,
That whenever any personal property shall
De attached on mesne process, on one or more
wrts, and the respective parties shall express
their consent in writing, that the same may
be sold, at any time before Judgment, it shall
be the duty of the attaching officer to cause
the same to be sold in manner provided by
law for the sale of similar property on execu-
ton and the money produced by such sale,
deducting all lawful charges, shall be held
and retained by such officer, and shall stand
bound to respond the judgment or judgments
to be rendered upon such writ or writs, in the
same manner as if the said goods had remain
ed specifically in the hands of such officer,
and sold on execution.
SEC. g. BE 1t further enacted, That when.
ever any live stock, or any goods, chattels,
or merchandise, which may be liable to per-
ish, waste, or greatly depreciate in value, by
keeping, or which cannot be kept without
great and dispropcrtionate expense, shall be
attached on mesne process, other than pro-
cess issued by Justices of Peace, and the par
ties shall not consent in writing to sale
thereof before judgment, it shall be lawful
Tor either OF the parties to apply to the at
taching officer to have such goods examined
and appraised. And thereupon it shall be
the duty OF such officer to give notice of
such application to the other party or parties,
n DIR A \ - i.
such goods TO be prepared, enumerating and
describing the same, as particularly as the
nature of the case will admit, and three dis
Greet and disinterested persons, conversant
with the nature and value of such goods, to
be appointed and sworn before Magistrate
TO the faithful discharge of their duty as APP
praisers IN such case; one to be nominated
by the creditor or creditors, one by the debt
or or debtors, and one by such officer. And
if either of the parties shall neglect or re-
fuse to nominate such appraiser, or not agree
IN such nomination, after reasonable notice,
then an appraiser, on the part of such party
neglecting, 'hall be nominated by such oEi-
Ger. And it shall be the duty of such APP
praisers to examine such attached property,
and to certify, whether, in their opinion, such
goods, chattels. or merchandise, or any part
or greatly depreciate in value by keeping,
and whether the sape can or cannot be kept
without great and disproportionate expense.
And in case such appraisers, or the major
part of them shall be of opinion, that such
property or any part thereof is liable so to
perish, waste, or deprecate, and that the
keeping of the same will require great ex-
pense, disproportionate to their value, it shall
he hni hnfr 10 4 . 1. a..
value and appraise the same according to
their best skill and Judgment, estimating them
at the exact cash value thereof, at the time of
such appraisement. And it shall be the du,
ty OF such officer to cause the goods, thus
certified and appraised, to be sold, and to
hold the nett proceeds of such sale, subject
to such attachment or attachments, in the
manner herein before directed, unless secu-
nty shall he given for the appraised value
thereof, as hereinafter provided.
SEC 3. BE ii further enacted, That when
any property shall be attached, certified, and
appraised as aforesaid, such property, at any
time before the sale thereof, shall and may
be delivered and restored to the defendant
or defendants in such suit, on giving bond to
the Sheriff Of the county, in case such attach
ment be made by Sheriff or his Deputy,
otherwise to the Coroner or Constable max
ing the same, in a sufficient penalty, with
two sufficient sureties, conditioned to satisfy
the judgment or judgments, which may be
recovered in such suit or suits, OF to pay
over the appraised values of such goods to-
wards the satisfaction of the execution or
executions, which may be issued thereon, in
the order of their priority, to any officer or
officers to whom the same may be committed,
il demanded within thirty days after the rem
dition of such judgment, or within thirty days
after the time, within which such judgment
creditor or creditors shall be entitled to de-
mand the same. And in case two or more at
tachments shall be made upon the same prop
erty, for which security is given as aforesaid,
the judgment aforesaid, the judgment credi-
tor In each case shall not be entitled to de-
mand payment of said appraised value or any
part thereof, until final Judgment shall have
been rendered in the suit or suits, on which
any prior attachment Of the same property
may have been made.
SEC. a. BE al further enacted, That when
ever property shall be attached and security
for the value thereof given in manner afore-
said, it shall be the duty Of the officer to
make return of his doings on the writ or
writs on which such attachment is made,
together with such bond and in case there
be more than one, It shaV be his duty to re-
turn such bond with the writ on which the
first attachment is so made; and the same
shall be taken and deemed to he Of record
Of the Court, to which such writ is return
ed. And in case Of the forfeiture of such
bond, il shall be lawful for either Of said at