The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1824-03-23


SEcT J. BE u eaacted b. the Senate aaa
House Of Representatives., "a LegisiaigTs Assem-
bttd, That IN All cases where an action i autho-
rzed TO be brought before the Court 81 Common
Pleas under the act OF this state passed February
q, 1921, entitled an act concerning foreign al
taChment, which actions are described VI the
FIRST section Of said act, such action may be
brought before any Justice Of the Peace, wheu
the amount demanded III damages is not les
than i've, nor more than twenty dollars, and
provided the plaintiff and the supposed trustee
both reside "a tie same county, where the Justice
has jurisdiction. And the officer 10 whom such
writ may be directed shall serve the same in the
same manner as other writs OF attachment issucd
from Justices are served, and the writ shall be
returnable ia like manner to said Justice and
the effect OF such service shall be the same AZ
described in the first section Of the act aforesaid
TO hold the goods, effects, and credits la the
hands OF such trustee, 70 answer whatever judg-
ment may be recovered by said Plaintiff
SECT. 2 Be Il further enacted That If any 50.
posed trustee shal appear on the day EuulIno urd
thereto, and declare that he had net ia his hands
or possession at ths time the writ was served on
him, any goods, effects, credits Of the princi-
pal, and shall tbereupon submit himself TO an ex-
animation upon oath, and the said declaration
shall appear TO said Justice to be true, said Jus
tice shall award him his legal costs and, IL
case any person duly summoned as aforesaid,
shall neglect TO appear, and submit himself TO
examination as aforesaid, he shall be liable FOL
all costs arising afterwards in said suit to be paid
out Of his own goods and property ia case judg-
ment shall be finally rendered tor the Plaintiff,
and unless such costs shall be recovered against
the goods, effects, or credit OF a trustee.
Sect. 8. BE u further enacted, That where the
Plaintiff does not support his action, against the
principal, and judgment shall be rendered, that
ne take nothing by his writ, the Justice shall
award costs against him, as we'll in favour OF the
principal as in favour Of such of the persons sum
moned as trustees severaIy, who have appeared
and submitted TO examination as aforesaid and
several executions shall issue thereupon accord
Angy. And where all the supposed trustees, or
any one or more OF them appear, and are dis
charged upon examination as aforesaid, OF where
the suit shall be discontinued by the Plaintiff
against any one or more OF them, the Plaintiff
may, notwithstanding, proceed against the prin-
cpal to trial, judgment and execution
SECT q. Be II further enacted, That when the
Plaintiff ehal recover judgment against princi-
pal, and there shall be any trustee summoned
who shall not have appeared and discharged
himself upO8 oath, and against whom the suit
shall not be discontinued the Justice shall
award execution against the goods, effects and
credits OF the principal in the hands and posses
SION OF every such trustee, as well as against the
body, goods, and chatteis Of the principal and
the execution shah be in the form prescribed by
law, excepting 50 far as may be inconsistent with
the provisions of this act, and the general juris-
diction Of Justices ofthe Peace.
SECT 8. BE Il further enacted, That such far
Their proceedings shall and may he lad III tie
n osf A
act before Justices Of the Peace, as are provided
m like process before the Court of Common
Pleas, in the NINTH tenth, eleventh, twelfth, thir
teenth, fifteenth, and sixteenth sections of tn,
act TO which this act is additional, 50 far as pro
visions in said act can be applied to the process
authorised by this act And the several forms o
mesne process and execution prescribed by Law
IN the first mentioned act, shall be adopted L
carry into effect the provisions of this act muta
tbs mutandis, according to the nature OF the case
This Act passed Feb. "a, 1924.