reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 4: DISSOLUTION › 14 §4603. Certificate of dissolution

§4603. Certificate of dissolution
When an attachment is dissolved by judgment for the defendant, or if the complaint in the action in which an attachment is made is not filed with the court within 30 days after the first attachment therein, the clerk of the court shall give any person applying therefor a certificate of that fact, which the register of deeds shall note on the margin of the record of the attachment. The said clerk of courts may charge a fee of 50¢ for such certificate.
Before or after the filing of said complaint in said court, or before or after judgment thereon, or if said complaint is not filed in court, the plaintiff or his attorney in such action may discharge the attachment in writing on the margin of the record thereof, or said plaintiff or said attorney may give a certificate, signed, sealed and acknowledged by him that said attachment is in whole or in part discharged, which the register of deeds shall record with a reference thereto on the margin of the records of attachments. The register of deeds shall note the record of said discharge on the margin of the records of attachments within an hour of the delivery to him of either of the aforesaid certificates. Such attachments may be discharged on the record thereof in the registry of deeds by an attorney-at-law authorized in writing by the plaintiff in said action, provided said writing is first recorded or filed in said registry of deeds with a reference thereto made by said register of deeds on the margin of the record of the attachment.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 4: DISSOLUTION › 14 §4604. Real estate attachment discharged of record on dissolution

§4604. Real estate attachment discharged of record on dissolution
When an attachment of real estate is made in any action and the complaint is not filed in court, or when any attachment of real estate is dissolved by lapse of time or failure to levy upon the judgment debt within the time prescribed by law to preserve said attachment and the said attachment then remains undischarged upon the records of the registry of deeds, the plaintiff upon the demand of the defendant shall either cause the said attachment to be discharged upon the records of the registry of deeds or give a certificate, signed, sealed and acknowledged by him that said attachment is discharged, when said certificate is prepared and presented to the plaintiff by the defendant, which said certificate the register of deeds shall record with reference thereto on the margin of the record of said attachment.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 4: DISSOLUTION › 14 §4605. Failure or refusal to discharge attachment

§4605. Failure or refusal to discharge attachment
If the plaintiff shall upon demand unreasonably delay or refuse to discharge the said attachment as prescribed in section 4604, then the defendant by action filed in the county in which the attachment of said real estate was made shall be entitled on proof thereof to have the attachment discharged by a decree of the court duly filed in the registry of deeds, which the register of deeds shall record with reference thereto on the margin of the record of said attachment.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 4: DISSOLUTION › 14 §4606. Petition for valuation and release

§4606. Petition for valuation and release
Any defendant, whose interest in real estate is attached on mesne process, may petition the Superior Court, setting forth the names of the parties to the action, the court and county in which it is returnable or pending, the fact of the attachment, the particular real estate and his interest therein, its value and his desire to have it released from the attachment. Such court shall issue a written notice which shall be served on all parties to the action living in the State, including trustees mentioned in section 4611, and on the plaintiff's attorney, 10 days at least before the time fixed therein for a hearing.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 4: DISSOLUTION › 14 §4607. Valuation and release on debtor's bond

§4607. Valuation and release on debtor's bond
If, at the hearing, such court finds that such interest is worth as much as the amount ordered in the writ to be attached, it shall order such defendant to give bond to the plaintiff, with sufficient sureties, conditioned that within 30 days after judgment for the plaintiff has become final by expiration of the time for appeal, by dismissal of an appeal or on certificate of decision from the law court, he will pay the judgment recovered by the plaintiff, with his costs on the petition, such bond, except as otherwise provided, to be in an amount equal to the amount ordered in the writ to be attached; but, if it finds that such interest is worth less than the amount ordered in the writ to be attached, such bond, except as otherwise provided, shall be in an amount equal to the value of such interest. If, in either event the court shall find that the value of the interest attached is in excess of the amount of any judgment which the plaintiff may reasonably be expected to recover, with his costs on the petition, it may fix the amount of such bond at such sum, not exceeding the amount ordered to be attached and not exceeding the value of the interest attached, as it may deem adequate to protect the plaintiff in the collection of any judgment recovered by him, with his costs on the petition.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 4: DISSOLUTION › 14 §4608. Proceedings and bond filed in clerk's office

§4608. Proceedings and bond filed in clerk's office
The petition and proceedings thereon shall be filed in the clerk's office in the county where the action is pending or returnable and recorded as a part of the case. The bond, when approved by such justice, shall be filed therein for the use of the plaintiff.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 4: DISSOLUTION › 14 §4609. Certificate of proceedings from clerk recorded

§4609. Certificate of proceedings from clerk recorded
The clerk shall give the petitioner an attested copy of the petition and proceedings with a certificate under seal of the court attached thereto, that such bond has been duly filed in his office. The recording of such copy and certificate in the registry of deeds in the county where such real estate or interest therein lies vacates the attachment.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 4: DISSOLUTION › 14 §4610. Vacating attachment of personal property

§4610. Vacating attachment of personal property
When personal property is attached, the same proceedings may be had as provided in sections 4606 to 4609 and the officer shall be notified of the hearing, and the delivery to him of the copy and certificate mentioned in section 4609 vacates the attachment and he shall return the property to the petitioner on demand. When the property attached is stock in a banking or other corporation or is such that the attachment must be recorded in the town clerk's office, such copy and certificate shall be filed with the officer of such corporation, who shall be entitled to 20¢ for filing the same and necessary certificate thereof, or with the town clerk with whom the attachment is filed, and thereby the attachment is vacated.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 4: DISSOLUTION › 14 §4611. Vacating foreign attachments

§4611. Vacating foreign attachments
In cases of foreign attachment, the same proceedings originated by any principal defendant may be had, except that the bond to the plaintiff shall be conditioned to pay the amount, if any, which he may finally recover against the trustees, with costs on the petition, within 30 days after judgment, not exceeding the amount of the judgment against the principal defendant. The court shall require the petitioner to give bond to each trustee named in the petition, with sureties, in a sum sufficient to protect him against any judgment recovered by the plaintiff and paid by him, and his legal costs in the action, and the costs allowed him by the court at the hearing on the petition, if he appears. Such bonds, when approved by the court, shall be filed in the clerk's office for the use of the trustees. The delivery of the copy and certificate to the trustees vacates the attachment of any goods, effects or credits in their hands belonging to the petitioner.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 4: DISSOLUTION › 14 §4612. Costs

§4612. Costs
The party finally prevailing in the action shall recover the costs of these proceedings, taxed as costs of court in other cases and certified by the court, and execution shall issue therefor.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 4: DISSOLUTION › 14 §4613. Bond

§4613. Bond
When real estate or personal property is attached on mesne process, and in all cases of attachment on trustee process, the attachment shall be vacated upon the defendant or someone in his behalf delivering to the officer who made such attachment, or to the plaintiff or his attorney, a bond to the plaintiff in a penal sum not exceeding the amount of the attachment, such bond to be approved as to penal sum and sureties by the plaintiff or his attorney, or by any Justice or clerk of the Superior Court, conditioned that within 30 days after the rendition of the judgment, or after the adjournment of the court in which it is rendered or after the certificate of decision of the law court shall be received in the county where the cause is pending, he will pay to the plaintiff or his attorney of record the amount of said judgment including costs. The bond shall be returned by the officer with the process, for the benefit of the plaintiff, and thereupon all liability of the officer to the plaintiff by reason of such attachment shall cease. Upon request, the plaintiff or his attorney shall give to the defendant a certificate acknowledging the discharge of such attachment, which may be recorded in the registry of deeds or town clerk's office, as the case may be, in which the return of the attachment is filed. If stock in any corporation is attached, such certificate shall be filed with the officer of the corporation with whom the return of such attachment is filed and he shall record the same. In trustee process the alleged trustee shall not be liable to the principal defendant for the goods, effects and credits in his hands or possession until such certificate shall be delivered to him, and upon receiving such certificate he shall be discharged from further liability in said trustee action and need not disclose and shall not recover costs.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 509: EXECUTIONS › Subchapter 1: GENERAL PROVISIONS › 14 §4651. Issue and return

§4651. Issue and return
Executions may be issued on a judgment of the Superior Court or the District Court after the judgment has become final by the expiration of the time for appeal, by dismissal of an appeal or on certificate of decision from the law court, unless the court has pursuant to rule ordered execution at an earlier time, and are returnable within 3 years after issuance.   [PL 1995, c. 45, §1 (AMD).]
1.  Filing of lien.
[PL 1987, c. 184, §22 (RP).]
2.  Date and place of filing.
[PL 1987, c. 184, §22 (RP).]
3.  Amount of debt or damage.
[PL 1987, c. 184, §22 (RP).]
4.  Name of judgment creditor.
[PL 1987, c. 184, §22 (RP).]
5.  Statement.
[PL 1987, c. 184, §22 (RP).]
SECTION HISTORY
PL 1965, c. 182 (AMD). PL 1965, c. 455 (AMD). PL 1981, c. 160 (AMD). PL 1983, c. 125, §5 (AMD). PL 1985, c. 187, §4 (AMD). PL 1987, c. 184, §22 (AMD). PL 1995, c. 45, §1 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 509: EXECUTIONS › Subchapter 1: GENERAL PROVISIONS › 14 §4652. One-year limit; exception

§4652. One-year limit; exception
No first execution shall be issued after one year from the time the judgment has become final by the expiration of the time for appeal, by dismissal of an appeal, or on certificate of decision from the law court, except in cases provided for by section 4701 in which the first execution may be issued within not less than one year nor more than 2 years from the time of judgment.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 509: EXECUTIONS › Subchapter 1: GENERAL PROVISIONS › 14 §4653. Renewal in 10 years

§4653. Renewal in 10 years
An alias or pluries execution may be issued within 10 years after the day of issuance of the preceding execution and not afterwards.   [PL 2001, c. 275, Pt. A, §3 (AMD).]
SECTION HISTORY
PL 2001, c. 275, §A3 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 509: EXECUTIONS › Subchapter 1: GENERAL PROVISIONS › 14 §4654. Execution not timely; motion against debtor

§4654. Execution not timely; motion against debtor
When execution is not issued within the times prescribed by sections 4652 and 4653, motion against the debtor may be made to show cause why execution on the judgment should not be issued, and if no sufficient cause is shown, execution may be issued thereon.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 509: EXECUTIONS › Subchapter 1: GENERAL PROVISIONS › 14 §4656. New execution on proof of loss

§4656. New execution on proof of loss
A justice of the court in which the judgment was rendered, upon proof by affidavit or otherwise of the loss or destruction of an execution unsatisfied in whole or in part, may order a new execution to be issued for what remains unsatisfied.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 509: EXECUTIONS › Subchapter 1: GENERAL PROVISIONS › 14 §4657. Execution on award to creditor by commissioners on solvent estate (REPEALED)

§4657. Execution on award to creditor by commissioners on solvent estate
(REPEALED)
SECTION HISTORY
PL 1979, c. 540, §20 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 509: EXECUTIONS › Subchapter 1: GENERAL PROVISIONS › 14 §4658. Executions directed into other counties

§4658. Executions directed into other counties
When a debtor removes or is out of the county in which judgment is rendered against him by a Judge of a District Court, such judge may issue execution against him, directed to the proper officers in the county where he is supposed to be, and it has the same force as if issued by a court in the latter county.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 509: EXECUTIONS › Subchapter 1: GENERAL PROVISIONS › 14 §4659. Actions and executions; when directed into other counties

§4659. Actions and executions; when directed into other counties
In actions against bail, indorsers for costs, and proceedings after judgment against executors or administrators, and in all actions against 2 or more defendants before a Judge of a District Court, where the defendant or trustee resides out of the county where the proceedings are had, the judge may direct the summons, writ or execution to any proper officer of the county where such defendant or trustee resides, who shall charge fees of travel from the place of his residence to the place of service only, and postage paid by him.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 509: EXECUTIONS › Subchapter 2: BONDS › 14 §4701. Execution stayed one year unless bond given

§4701. Execution stayed one year unless bond given
Execution shall not issue upon a judgment by default against an absent defendant in a personal action who has no actual notice thereof until one year after entry of the judgment unless the plaintiff first gives bond to the defendant with one or more sureties in double the amount of damages and costs, conditioned to repay to the defendant the amount of the judgment or any part thereof from which he may ultimately be relieved as a result of motion therefor. If a bond is given, any attachment of real or personal property or attachment on trustee process shall continue for 60 days after the bond is filed with the court. If a bond is not given, any such attachment shall continue for one year and 60 days after entry of the default judgment. If the defaulted defendant files within one year of the default judgment a motion for relief therefrom, any such attachment shall continue until 60 days after denial of the motion, if it is denied, and if the motion is granted in whole or in part, shall continue for the same period as the attachment would have continued if the default judgment had not been entered.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 509: EXECUTIONS › Subchapter 2: BONDS › 14 §4702. Bond left with clerk

§4702. Bond left with clerk
The bond shall be deposited with the clerk, who shall decide upon the sufficiency of the sureties, subject to an appeal to a justice of the court.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 509: EXECUTIONS › Subchapter 2: BONDS › 14 §4703. Executions on default judgment without bond, valid after one year

§4703. Executions on default judgment without bond, valid after one year
Whenever through accident, inadvertence or mistake an execution has been issued by the clerk or judge of any court in any county upon a judgment rendered on default of an absent defendant in a personal action, within one year after the rendition of such judgment, without deposit of the bond specified in sections 4701 and 4702, all proceedings upon or by virtue of such execution or judgment shall, after one year from the rendition of such judgment, have the same effect and validity as if the bond had been duly given, deposited and approved unless relief from the judgment has been sought within said year. If such relief from the judgment is denied, all such proceedings shall be valid as aforesaid after such dismissal.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 509: EXECUTIONS › Subchapter 3: SALES ON EXECUTION › Article 1: GENERAL PROVISIONS › 14 §4751. Goods sold on execution

§4751. Goods sold on execution
All chattels, real and personal liable at common law to attachment and not exempted therefrom by statute, may be taken and sold on execution as prescribed in this subchapter and subchapter 4. Credits of a sole proprietorship doing business under an assumed or trade name, partnership, limited liability company or corporation, other than payroll accounts expressly so designated to the credit holder by the account owner, may be taken on execution by an officer and turned over to the judgment creditor to be applied to the judgment, together with interest and costs.   [PL 2007, c. 88, §2 (AMD); PL 2007, c. 466, Pt. B, §19 (AFF).]
SECTION HISTORY
PL 1983, c. 125, §6 (AMD). PL 1985, c. 187, §5 (AMD). PL 2007, c. 88, §2 (AMD). PL 2007, c. 466, Pt. B, §19 (AFF).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 509: EXECUTIONS › Subchapter 3: SALES ON EXECUTION › Article 1: GENERAL PROVISIONS › 14 §4752. Time of sale

§4752. Time of sale
Goods and chattels, legally taken on execution, shall be safely kept by the officer at the expense of the debtor for 4 days at least after the day on which they were taken, exclusive of Sunday. They shall be sold within 14 days after the day of seizure, except as otherwise provided, unless before the time of sale the debtor redeems them by otherwise satisfying the execution.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 509: EXECUTIONS › Subchapter 3: SALES ON EXECUTION › Article 1: GENERAL PROVISIONS › 14 §4753. Notice of sale

§4753. Notice of sale
The officer shall post public notice of the time and place of sale, at least 48 hours before the time thereof, in 2 or more public places in the town or place of sale.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 509: EXECUTIONS › Subchapter 3: SALES ON EXECUTION › Article 1: GENERAL PROVISIONS › 14 §4754. Adjournment of sale; time

§4754. Adjournment of sale; time
If at the time so appointed the officer is prevented by sickness or other casualty from attending at such place or is present and deems it for the advantage of all concerned to postpone the sale, he may postpone it not exceeding 6 days after the day appointed; and so, from time to time, for like good cause, giving notice of every adjournment as required in section 4753.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 509: EXECUTIONS › Subchapter 3: SALES ON EXECUTION › Article 1: GENERAL PROVISIONS › 14 §4755. Adjournment to different place

§4755. Adjournment to different place
For good reason and for the purpose of obtaining a better price for the goods, the officer may, if he deems it for the benefit of the debtor, adjourn the auction to another place in the same town.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 509: EXECUTIONS › Subchapter 3: SALES ON EXECUTION › Article 1: GENERAL PROVISIONS › 14 §4756. Indemnity may be required

§4756. Indemnity may be required
When there is reasonable doubt as to the ownership of goods or their liability to be taken on execution, the officer may require sufficient indemnity.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 509: EXECUTIONS › Subchapter 3: SALES ON EXECUTION › Article 1: GENERAL PROVISIONS › 14 §4757. Buyer's refusal; penalty

§4757. Buyer's refusal; penalty
If the highest bidder at such sale refuses to take and pay for an article, the officer shall sell it again at auction at any time within 10 days, giving due notice of the 2nd sale; and account for what he receives on the 2nd sale, and for any damages that he recovers of the first bidder for a loss on the resale, as for so much received on the execution.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 509: EXECUTIONS › Subchapter 3: SALES ON EXECUTION › Article 1: GENERAL PROVISIONS › 14 §4758. Return of sale; fraud in sale or return

§4758. Return of sale; fraud in sale or return
The officer shall, in his return on the execution, particularly describe each article or lot of goods sold and the price at which it was sold. If he commits any fraud in the sale or return, he forfeits to the debtor 5 times the sum of which he defrauds him, to be recovered in a civil action.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 509: EXECUTIONS › Subchapter 3: SALES ON EXECUTION › Article 1: GENERAL PROVISIONS › 14 §4759. Disposal of proceeds

§4759. Disposal of proceeds
The money arising from the sale of any property on execution shall be applied to pay the charges and satisfy the execution. The residue, if any, shall be returned to the debtor on demand or otherwise applied as provided in section 5001.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 509: EXECUTIONS › Subchapter 3: SALES ON EXECUTION › Article 1: GENERAL PROVISIONS › 14 §4760. Buildings on leased land sold for land rent; redemption

§4760. Buildings on leased land sold for land rent; redemption
When a lessor of lands, leased for the purpose of erecting a building thereon, commences an action against the lessee, attaches the buildings within 6 months after the rent becomes due and recovers such rent, he may on execution cause the rents and profits of such buildings to be sold for a term sufficient to pay the debt and costs or cause such building to be sold like any other personal estate. In all cases, any mill or building seized and sold on execution as a chattel personal may be redeemed within one year, as land levied upon by appraisement may be. The remedies and rights of the parties are the same as those of mortgagor and mortgagee, except the rate of interest, which shall be 10% a year.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 509: EXECUTIONS › Subchapter 3: SALES ON EXECUTION › Article 1: GENERAL PROVISIONS › 14 §4761. Warrant against turnpike and other corporations taking toll

§4761. Warrant against turnpike and other corporations taking toll
When damages are assessed in favor of a person by the county commissioners, by a committee or by verdict of a jury for an injury sustained by him through the acts of any corporation authorized to demand and receive toll, and they are not paid within 30 days after order or the acceptance of such verdict or report of the committee, he may have a warrant of distress against such corporation for such damages, interest and costs. The officer holding such warrant may adjourn the vendue, as in the sale of goods on execution. All proceedings respecting the attachment and sale on execution of the franchise of such corporation and sales on warrant of distress may be had in the county in which the creditor, the president, clerk, treasurer or a director of said corporation, if there is any such officer, if not, a stockholder, resides.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 509: EXECUTIONS › Subchapter 3: SALES ON EXECUTION › Article 1: GENERAL PROVISIONS › 14 §4762. Proceeds of sale of mortgaged property; sale without tender

§4762. Proceeds of sale of mortgaged property; sale without tender
After deducting his fees and charges of sale, the officer shall apply the proceeds of the sale of property mortgaged or pledged to the payment of the sum paid or tendered to the mortgagee, pledgee or holder, and the interest thereon from the time of such payment; and the residue of such proceeds shall be applied to the satisfaction of the plaintiff's judgment as provided by law; or the plaintiff may have the property seized and sold on the execution, as in other cases, subject to the rights and interests of such mortgagee, pledgee or holder, without paying or tendering the debt due to him.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 509: EXECUTIONS › Subchapter 3: SALES ON EXECUTION › Article 2: COIN AND BANK NOTES › 14 §4801. Mode of sale

§4801. Mode of sale
Current gold or silver coin may be taken on execution and paid to the creditor as money collected; and bank notes and all other evidences of debts, issued by any moneyed corporation and circulated as money, may be taken on execution and paid to the creditor at their par value if he will accept them; otherwise, they may be sold like other chattels.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 509: EXECUTIONS › Subchapter 3: SALES ON EXECUTION › Article 3: CORPORATE FRANCHISES › 14 §4851. Notice of sale

§4851. Notice of sale
When judgment is recovered against a bridge, canal or other incorporated company with power to receive toll, its franchise may be sold on execution at public auction by giving notice of the time and place of sale by posting a notification in any town in which the treasurer, clerk or any officer thereof, if there are any officers, and if not, where any stockholder resides, for 30 days at least before the day of sale, and by causing an advertisement, naming the creditor thereon, to be inserted for 3 weeks successively in a newspaper of general circulation in a county where either of said officers, or, if the company is without officers, where any stockholder resides, the last publication being at least 4 days before the day of sale.   [PL 1987, c. 667, §10 (AMD).]
SECTION HISTORY
PL 1987, c. 667, §10 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 509: EXECUTIONS › Subchapter 3: SALES ON EXECUTION › Article 3: CORPORATE FRANCHISES › 14 §4852. Mode of sale; possession

§4852. Mode of sale; possession
In the sale of such franchise, whoever will pay and satisfy such execution, all fees and incidental expenses, in consideration of being entitled to receive to his own use all such toll as the corporation is entitled to receive, for the shortest period of time, is the highest bidder and the purchaser for such period; and immediately after such sale, the officer shall deliver to him possession of the tollhouses and gates, in whatever county situated, and state his doings therein in his return.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 509: EXECUTIONS › Subchapter 3: SALES ON EXECUTION › Article 3: CORPORATE FRANCHISES › 14 §4853. Rights and duties of purchaser

§4853. Rights and duties of purchaser
The purchaser of such franchise and those claiming under him may receive to their own use the tolls accruing within the time limited in the purchase, and shall have all the powers of the corporation necessary for the convenient use of the property, be subject to the same duties and penalties during the term of said purchase and may recover of said corporation any moneys paid or expenses incurred in consequence of such liability, and without their fault or negligence.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 509: EXECUTIONS › Subchapter 3: SALES ON EXECUTION › Article 3: CORPORATE FRANCHISES › 14 §4854. Right of corporation to redeem

§4854. Right of corporation to redeem
The corporation, at any time within 3 months after the day of sale, may redeem said franchise by paying to the purchaser the sum which he paid in satisfaction of the execution, with 12% interest, in addition to the toll received.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 509: EXECUTIONS › Subchapter 3: SALES ON EXECUTION › Article 3: CORPORATE FRANCHISES › 14 §4855. Application of provisions to railroad franchises in State; notice in interested county; conveyance

§4855. Application of provisions to railroad franchises in State; notice in interested county; conveyance
Sections 4851 to 4854 apply to the franchises of railroad corporations whose railroads lie wholly within the State, except that notice shall be given of the time and place of such sale by posting a notification thereof at the courthouse in each county through which such railroad runs, either wholly or in part, for 30 days at least before the day of sale and by causing an advertisement to be inserted for 3 weeks successively in at least one newspaper published in each county through which the road runs, either wholly or in part, the last publication to be at least 4 days before the day of sale; and if there is no newspaper printed in any one or more of such counties, then in the state paper instead. When the company has an established office in the State, notice of the sale shall also be given by leaving an attested copy thereof at the office of said company not less than 30 days previous to such sale. Notice given in the manner herein provided is sufficient. The officer shall deliver to the purchaser a conveyance by deed of the franchise so sold.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 509: EXECUTIONS › Subchapter 3: SALES ON EXECUTION › Article 4: CORPORATE SHARES › 14 §4901. Mode of sale

§4901. Mode of sale
Any share or interest of a stockholder or proprietor in an incorporated company may be taken on execution and sold in the following manner and not otherwise, anything in the charter of such company to the contrary notwithstanding.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 509: EXECUTIONS › Subchapter 3: SALES ON EXECUTION › Article 4: CORPORATE SHARES › 14 §4902. Notice of seizure

§4902. Notice of seizure
If the property was not attached on mesne process in the same action, the officer shall leave a copy of the execution with the treasurer, cashier, clerk or other recording officer of the company and the property shall be considered as seized on execution when the copy is so left. If it was so attached and remains attached, the officer shall proceed in seizing and selling it on execution as provided in section 4905.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 509: EXECUTIONS › Subchapter 3: SALES ON EXECUTION › Article 4: CORPORATE SHARES › 14 §4903. Certification of shares by corporate officers

§4903. Certification of shares by corporate officers
The officer of the company having the care of the records or account of shares or interest of the stockholders shall, on exhibition to him of the execution, give the officer holding it a certificate of the number of shares held by the judgment debtor or of the amount of his interest.   [PL 1969, c. 504, §24 (AMD).]
SECTION HISTORY
PL 1969, c. 504, §24 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 509: EXECUTIONS › Subchapter 3: SALES ON EXECUTION › Article 4: CORPORATE SHARES › 14 §4904. Shares sold transferred; new certificate to purchaser; dividends

§4904. Shares sold transferred; new certificate to purchaser; dividends
Within 14 days after the sale, the officer shall leave an attested copy of the execution and of the return thereon with the officer of the company whose duty it is to record transfers of shares. The purchaser is thereupon entitled to a certificate or certificates of the shares bought by him, on paying the fees therefor and for recording the transfers. If such shares or interest were attached in the action in which the execution issued, he shall have all dividends which accrue after the attachment.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 509: EXECUTIONS › Subchapter 3: SALES ON EXECUTION › Article 4: CORPORATE SHARES › 14 §4905. Notice of sale

§4905. Notice of sale
In selling such shares or interest, the officer holding the execution shall give notice in writing of the time and place of sale to the debtor, by leaving it at his last and usual place of abode if within the county where the officer dwells, otherwise by forwarding it to him by mail if his residence is known to such officer, postage paid, whether within or without the State and public notice thereof by posting it in one or more public places in the town where the sale is to be made and in 2 adjoining towns, if there are so many, 30 days at least before the day of sale; and shall publish an advertisement of the same import, naming the judgment debtor, for 3 weeks successively before the day of sale in a newspaper of general circulation in the county.   [PL 1987, c. 667, §11 (AMD).]
SECTION HISTORY
PL 1987, c. 667, §11 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 509: EXECUTIONS › Subchapter 3: SALES ON EXECUTION › Article 5: EXECUTIONS AGAINST TOWNS › 14 §4951. Executions and warrants of distress against towns

§4951. Executions and warrants of distress against towns
All executions or warrants of distress against a town shall be issued against the goods and chattels of the inhabitants thereof and against the real estate situated therein, whether owned by such town or not. The officer executing them shall satisfy them by distress and sale of the goods and chattels of the inhabitants as provided by law. For want thereof, after diligent search, which fact the officer shall certify in his return, he shall levy upon and sell so much of the real estate in said town by lots, as they are owned, occupied or lotted out upon the plan thereof, as is necessary to satisfy said precepts and expenses of sale.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 509: EXECUTIONS › Subchapter 3: SALES ON EXECUTION › Article 5: EXECUTIONS AGAINST TOWNS › 14 §4952. Notice and incidents of sale

§4952. Notice and incidents of sale
The officer shall advertise in the state paper and in a newspaper of general circulation in the county where the lands lie, if any, for 3 weeks successively, the names of such proprietors as are known to him, of the lands which he proposes to sell, with the amount of the execution or warrant of distress. Where the names of the proprietors are not known, he shall publish the numbers of the lots or divisions of said land and the last publication shall be 3 months before the time appointed for the sale. If necessary to complete the sale, he may adjourn it from day to day not exceeding 3 days. He shall give a deed to the purchaser of said land in fee, expressing therein the cause of sale. The proprietor of the land so sold may redeem it within a year after the sale by paying the sum for which it was sold, the necessary charges and interest thereon.   [PL 1987, c. 667, §12 (AMD).]
SECTION HISTORY
PL 1987, c. 667, §12 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 509: EXECUTIONS › Subchapter 3: SALES ON EXECUTION › Article 5: EXECUTIONS AGAINST TOWNS › 14 §4953. Remedy of owner of property sold

§4953. Remedy of owner of property sold
The owner of any real or personal estate so sold may recover against the town, in a civil action, the full value thereof with interest at the rate of 12% yearly, with costs of the action; and may prove and recover the real value thereof, whatever was the price at which it was sold.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 509: EXECUTIONS › Subchapter 4: SUCCESSIVE EXECUTIONS › 14 §5001. Several executions

§5001. Several executions
If goods or other property sold on execution have been attached by other creditors or seized on other executions by the same or another officer, or if, before payment of the residue to the debtor, any other writ of attachment or execution against him is delivered to the officer who made the sale, the proceeds shall be applied to the discharge of the several judgments in the order in which the writs of attachment or execution were served. The residue, if any, shall be paid over to the debtor.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 509: EXECUTIONS › Subchapter 4: SUCCESSIVE EXECUTIONS › 14 §5002. Notice of 2nd attachment to first attaching officer

§5002. Notice of 2nd attachment to first attaching officer
If a share in a corporation or other property that may be attached without taking and keeping possession thereof is attached or taken on execution, and is subsequently attached or taken on execution by another officer, he shall give notice thereof to the officer who sells under the first attachment or seizure. If, without such notice, he pays the balance of the proceeds of the sale to the debtor, he is not liable therefor to the person claiming under such subsequent attachment or seizure.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 509: EXECUTIONS › Subchapter 4: SUCCESSIVE EXECUTIONS › 14 §5003. Preservation of lien in case of prior attachment

§5003. Preservation of lien in case of prior attachment
When real or personal estate is seized on execution and further service is suspended by a prior attachment thereof, such estate shall be bound by the seizure until it is set off or sold in whole or in part under the prior attachment, or until the attachment is dissolved, if the officer seizing such real estate, within 5 days thereafter, files in the office of the register of deeds in the county or district where it lies a copy of his return of the seizure, with the names of the parties, the court at which judgment was recovered, and the date and the amount of the execution. The register shall file and enter the same of record, as in case of attachment of real estate on writs. Like fees shall be allowed to the officer and register therefor.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 509: EXECUTIONS › Subchapter 4: SUCCESSIVE EXECUTIONS › 14 §5004. Removal of prior attachment

§5004. Removal of prior attachment
If the prior attachment is dissolved or the estate is set off or sold in part under it, the estate or remaining part thereof continues bound for 30 days thereafter by such seizure on execution. The service of the execution may be completed within that time as if the estate had been then first seized thereon, although the return day of the execution has passed.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 509: EXECUTIONS › Subchapter 4: SUCCESSIVE EXECUTIONS › 14 §5005. Setoff of executions

§5005. Setoff of executions
When an officer has in his hands executions, wherein the creditor in one is debtor in the other in the same capacity and trust, he shall cause one execution to satisfy the other so far as it will extend. If one of such executions is in the hands of the officer, and the creditor in the other tenders his execution to him and requests him to do so, he shall so set off one against the other.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 509: EXECUTIONS › Subchapter 4: SUCCESSIVE EXECUTIONS › 14 §5006. No setoff allowed

§5006. No setoff allowed
Executions shall not thus be set off against each other, when the sum due on one of them has been lawfully and in good faith assigned to another person before the creditor in the other execution became entitled to the sum due thereon; nor when there are several creditors or debtors in one execution, and the sum due on the other is due to or from a part of them only; nor to so much of the first execution as is due to the attorney in the action for his fees and disbursements therein.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 511: BAIL IN CIVIL ACTION › 14 §5051. Bail bond returned with writ (REPEALED)

§5051. Bail bond returned with writ
(REPEALED)
SECTION HISTORY
PL 1971, c. 408, §6 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 511: BAIL IN CIVIL ACTION › 14 §5052. Sureties (REPEALED)

§5052. Sureties
(REPEALED)
SECTION HISTORY
PL 1971, c. 408, §6 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 511: BAIL IN CIVIL ACTION › 14 §5053. Liability of obligors (REPEALED)

§5053. Liability of obligors
(REPEALED)
SECTION HISTORY
PL 1971, c. 408, §6 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 511: BAIL IN CIVIL ACTION › 14 §5054. Surrender of principal (REPEALED)

§5054. Surrender of principal
(REPEALED)
SECTION HISTORY
PL 1971, c. 408, §6 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 511: BAIL IN CIVIL ACTION › 14 §5055. Names of bail entered on execution (REPEALED)

§5055. Names of bail entered on execution
(REPEALED)
SECTION HISTORY
PL 1971, c. 408, §6 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 511: BAIL IN CIVIL ACTION › 14 §5056. Officer to notify bail; fees paid (REPEALED)

§5056. Officer to notify bail; fees paid
(REPEALED)
SECTION HISTORY
PL 1971, c. 408, §6 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 511: BAIL IN CIVIL ACTION › 14 §5057. Surrender of principal in court (REPEALED)

§5057. Surrender of principal in court
(REPEALED)
SECTION HISTORY
PL 1971, c. 408, §6 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 511: BAIL IN CIVIL ACTION › 14 §5058. Avoidance of principal; liability of bail (REPEALED)

§5058. Avoidance of principal; liability of bail
(REPEALED)
SECTION HISTORY
PL 1971, c. 408, §6 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 511: BAIL IN CIVIL ACTION › 14 §5059. When action lies against bail (REPEALED)

§5059. When action lies against bail
(REPEALED)
SECTION HISTORY
PL 1971, c. 408, §6 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 511: BAIL IN CIVIL ACTION › 14 §5060. Pleadings and defense by bail (REPEALED)

§5060. Pleadings and defense by bail
(REPEALED)
SECTION HISTORY
PL 1971, c. 408, §6 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 511: BAIL IN CIVIL ACTION › 14 §5061. Surrender of principal; exoneration of bail (REPEALED)

§5061. Surrender of principal; exoneration of bail
(REPEALED)
SECTION HISTORY
PL 1971, c. 408, §6 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 511: BAIL IN CIVIL ACTION › 14 §5062. Remedy of bail against principal (REPEALED)

§5062. Remedy of bail against principal
(REPEALED)
SECTION HISTORY
PL 1971, c. 408, §6 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 6: EXTRAORDINARY WRITS › Chapter 601: GENERAL PROVISIONS › 14 §5301. Concurrent jurisdiction

§5301. Concurrent jurisdiction
The Supreme Judicial Court and the Superior Court shall have and exercise concurrent original jurisdiction in proceedings in habeas corpus, prohibition, error, mandamus, quo warranto and certiorari.   [PL 1967, c. 441, §6 (AMD).]
SECTION HISTORY
PL 1967, c. 441, §6 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 6: EXTRAORDINARY WRITS › Chapter 605: QUO WARRANTO (REPEALED) › 14 §5401. Issuance of writ (REPEALED)

§5401. Issuance of writ
(REPEALED)
SECTION HISTORY
PL 1967, c. 441, §7 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 6: EXTRAORDINARY WRITS › Chapter 605: QUO WARRANTO (REPEALED) › 14 §5402. Attorney General excused as party (REPEALED)

§5402. Attorney General excused as party
(REPEALED)
SECTION HISTORY
PL 1967, c. 441, §7 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 6: EXTRAORDINARY WRITS › Chapter 607: MANDAMUS (REPEALED) › 14 §5451. Petition; questions of law reserved; issue and return (REPEALED)

§5451. Petition; questions of law reserved; issue and return
(REPEALED)
SECTION HISTORY
PL 1967, c. 441, §7 (RP).