reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 725: REAL ACTIONS › Subchapter 4: SURVEYORS › 14 §6852. Fees of surveyor; determination of amount paid by parties

§6852. Fees of surveyor; determination of amount paid by parties
The amount of the fees and necessary expenses of the surveyor shall be fixed and determined by the court upon the acceptance of the report, and shall be paid as follows: After notice to all parties and a hearing held thereon, the court may fix and determine the amount to be paid by the parties to the action, or by either of the parties, and the amount determined to be due from the parties, or by either of the parties, shall have the force and effect of a judgment in favor of the surveyor against the parties or either of the parties and any execution upon the judgment may run against the body of the party or of either of the parties.   [PL 1983, c. 191 (AMD).]
SECTION HISTORY
PL 1977, c. 72 (AMD). PL 1983, c. 191 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 725: REAL ACTIONS › Subchapter 5: PROOF › 14 §6901. Proof of seizin

§6901. Proof of seizin
The plaintiff need not prove an actual entry under his title; but proof that he is entitled to an estate in the premises and that he has a right of entry therein is sufficient proof of his seizin.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 725: REAL ACTIONS › Subchapter 5: PROOF › 14 §6902. Degree of proof to recover

§6902. Degree of proof to recover
If the plaintiff proves that he is entitled to an estate in the premises and had a right of entry therein when he commenced his action, he shall recover the premises, unless the defendant proves a better title in himself.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 725: REAL ACTIONS › Subchapter 6: RENTS, PROFITS AND IMPROVEMENTS › 14 §6951. Meaning of possession and improvement

§6951. Meaning of possession and improvement
A possession and improvement of land by a defendant are within the meaning of this chapter, although a portion of it is woodland and uncultivated, and although not wholly surrounded by a fence or rendered inaccessible by other obstructions, if they have been open, notorious, exclusive and comporting with the usual management and improvement of a farm by its owner.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 725: REAL ACTIONS › Subchapter 6: RENTS, PROFITS AND IMPROVEMENTS › 14 §6952. Determination of rents and profits

§6952. Determination of rents and profits
The rents and profits for which the defendant is liable are the clear annual value of the premises while he was in possession, after deducting all lawful taxes paid by him and the necessary and ordinary expenses of repairs, cultivation of the land or collection of the rents and profits.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 725: REAL ACTIONS › Subchapter 6: RENTS, PROFITS AND IMPROVEMENTS › 14 §6953. Allowance for improvements

§6953. Allowance for improvements
In estimating the rents and profits, the value of the use by the defendant of improvements made by himself or by those under whom he claims shall not be allowed to the plaintiff.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 725: REAL ACTIONS › Subchapter 6: RENTS, PROFITS AND IMPROVEMENTS › 14 §6954. Defendant not liable for over 6 years' rents

§6954. Defendant not liable for over 6 years' rents
The defendant is not liable for the rents and profits for more than 6 years, nor for waste or other damage committed before that time, unless the rents and profits are allowed as an offset to his claim for improvements.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 725: REAL ACTIONS › Subchapter 6: RENTS, PROFITS AND IMPROVEMENTS › 14 §6955. Recovery of damages against other persons

§6955. Recovery of damages against other persons
Nothing herein contained shall prevent the plaintiff from maintaining an action for mesne profits or for damage to the premises against any person, except the defendant in a real action who has had possession of the premises or is otherwise liable to such action.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 725: REAL ACTIONS › Subchapter 6: RENTS, PROFITS AND IMPROVEMENTS › 14 §6956. Betterments allowed after 6 years' possession

§6956. Betterments allowed after 6 years' possession
When the demanded premises have been in the actual possession of the defendant or of those under whom he claims for 6 successive years or more before commencement of the action, such defendant shall be allowed a compensation for the value of any buildings and improvements on the premises made by him or by those under him whom he claims, to be ascertained and adjusted as provided.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 725: REAL ACTIONS › Subchapter 6: RENTS, PROFITS AND IMPROVEMENTS › 14 §6957. Tenant ousted after 6 years may recover for improvements

§6957. Tenant ousted after 6 years may recover for improvements
When a person makes entry into lands or tenements of which the tenant in possession, or those under whom he claims, have been in actual possession for 6 years or more, and withholds from such tenant the possession thereof, the tenant may recover of the person so entering, or of his executor or administrator, the increased value of the premises by reason of the buildings and improvements made by the tenant or by those under whom he claims, to be ascertained by the principles hereinbefore provided. These provisions extend to the grantee or assignee of the tenant in dower and of any other life estate. A lien is created on the premises in favor of such claim, to be enforced by an action commenced within 3 years after such entry. It is no bar to such action if the tenant, to avoid cost, yields to the superior title.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 725: REAL ACTIONS › Subchapter 6: RENTS, PROFITS AND IMPROVEMENTS › 14 §6958. Defendant may have betterments

§6958. Defendant may have betterments
The defendant shall have the benefit of this chapter as to the increased value of premises when the cause, including all real actions brought by a reversioner or remainderman, or his assigns, after the termination of a tenancy in dower, or any other life estate, against the assignee or grantee of the tenant of the life estate, or against his heirs or legal representatives, is determined in favor of the plaintiff.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 725: REAL ACTIONS › Subchapter 6: RENTS, PROFITS AND IMPROVEMENTS › 14 §6959. Request of either party for appraisal of improvements

§6959. Request of either party for appraisal of improvements
The responsive pleading of the defendant shall state as a counterclaim any claim which he has to compensation for buildings and improvements on the premises and may request an estimation by the jury of the increased value of the premises by reason thereof. The plaintiff may file a request, in writing, that the jury would estimate what would have been the value of the premises at the time of trial, if no buildings had been erected, improvements made or waste committed. Both these estimates they shall make and state in their verdict. The jury shall allow for no buildings or improvements, except those that they find were made by the defendant, his grantor or assignor, and were judicious and proper under the circumstances.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 725: REAL ACTIONS › Subchapter 6: RENTS, PROFITS AND IMPROVEMENTS › 14 §6960. Valuation of betterments

§6960. Valuation of betterments
If the defendant, so claiming, alleges and proves that he and those under whom he claims have had the premises in actual possession for more than 20 years prior to the commencement of the action, the jury may find that fact. In estimating the value of the premises, if no buildings had been erected or improvements made thereon, they shall find and state in their verdict what was the value of the premises when the defendant or those under whom he claims first entered thereon. The sum so found shall be deemed the estimated value of the premises. In estimating the increased value by reason of the buildings and improvements, the jury shall find and state in their verdict the value of the premises at the time of the trial, above their value when the defendant or those under whom he claims first entered thereon. The sum so found and stated shall be taken for the buildings and improvements.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 725: REAL ACTIONS › Subchapter 6: RENTS, PROFITS AND IMPROVEMENTS › 14 §6961. No abandonment; payment for improvements

§6961. No abandonment; payment for improvements
When the plaintiff does not elect so to abandon the premises, no writ of possession shall issue on his judgment, nor a new action be sustained for the land unless, within one year from the rendition thereof, he pays to the clerk or to such person as the court appoints for the use of the defendant, the sum assessed for the buildings and improvements, with interest thereon.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 725: REAL ACTIONS › Subchapter 6: RENTS, PROFITS AND IMPROVEMENTS › 14 §6962. Restriction of right to betterments

§6962. Restriction of right to betterments
Nothing contained in this chapter concerning rents and profits, or the estimate and allowance of the value of the buildings and improvements, shall extend to any action between a mortgagor and mortgagee, their heirs and assigns, or to any case where the defendant or the person under whom he claims entered into possession of the premises and occupied under a contract with the owner, which was known to the defendant when he entered.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 725: REAL ACTIONS › Subchapter 6: RENTS, PROFITS AND IMPROVEMENTS › 14 §6963. Agreement on reference as to value of improvements

§6963. Agreement on reference as to value of improvements
When the parties agree that the value of the buildings and improvements on the land demanded, and the value of the land, shall be ascertained by persons named on the record for that purpose, their estimate, as reported by them and recorded, is equal in its effect to a verdict.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 725: REAL ACTIONS › Subchapter 6: RENTS, PROFITS AND IMPROVEMENTS › 14 §6964. Proposal of value for premises and betterments by defendant; effect

§6964. Proposal of value for premises and betterments by defendant; effect
When the defendant, at any stage of such action, files a statement in open court consenting to a sum at which the buildings and improvements and the value of the demanded premises may be estimated, if the plaintiff consents thereto, judgment shall be rendered accordingly, as if such sums had been found by verdict; but if the plaintiff does not consent, and the jury does not reduce the value of the buildings and improvements below the sum offered, nor increase the value of the premises above the sum offered, he shall recover no costs after such offer; but the defendant shall recover his costs after such offer and have judgment and execution therefor, subject to section 6965.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 725: REAL ACTIONS › Subchapter 6: RENTS, PROFITS AND IMPROVEMENTS › 14 §6965. Setoff of costs against improvements

§6965. Setoff of costs against improvements
In all cases where the plaintiff does not abandon the premises to the defendant, the court may, on written application of either party during the term when judgment is entered, order the costs recovered by the plaintiff to be setoff against the appraised value of the buildings and improvements on the land. A record of this order shall be made, and the court shall thereupon enter judgment according as the balance is in favor of one party or the other.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 725: REAL ACTIONS › Subchapter 7: COSTS › 14 §7051. Allowance and execution

§7051. Allowance and execution
Execution shall issue as in other cases for such damages as have been recovered and for full costs to the prevailing party. The court may order execution for costs to be issued against the goods and estate of a deceased party in the hands of his executor or administrator, or otherwise, according to the legal rights and liabilities of the parties.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 725: REAL ACTIONS › Subchapter 7: COSTS › 14 §7052. Prevailing defendant entitled to costs

§7052. Prevailing defendant entitled to costs
A defendant who by answer defends for a part only and succeeds in his defense as to all of such part shall be entitled to all costs accruing from the time of the answer.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 725: REAL ACTIONS › Subchapter 7: COSTS › 14 §7053. No costs to plaintiff where 40 years' possession

§7053. No costs to plaintiff where 40 years' possession
In all real and mixed actions in which the defendant proves that he and those under whom he claims have been in the open, notorious, adverse and exclusive possession of the demanded premises, claiming in fee simple, for 40 years preceding the commencement of the action, and the jury so finds, the plaintiff recovers no costs.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 727: RECOVERY OF COLLECTION PAYMENTS FROM ATTORNEYS › 14 §7101. Summary proceedings authorized

§7101. Summary proceedings authorized
If an attorney-at-law receives money or any valuable thing on a claim left with him for collection or settlement and fails to account for and pay over the same to the claimant for 10 days after demand, he is guilty of a breach of duty as an attorney. Such claimant may file in the office of the clerk of the Superior Court in the county where such attorney resides, a motion in writing under oath setting forth the facts. Thereupon any Justice of the Superior Court shall issue an order requiring the attorney to appear on a day fixed and show cause why he should not so account and pay, and to abide the order of such justice in the premises, which shall be served by copy in hand at least 5 days before the return day.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 727: RECOVERY OF COLLECTION PAYMENTS FROM ATTORNEYS › 14 §7102. Procedure

§7102. Procedure
If such attorney then appears, he shall file an answer to such motion under oath and such justice may examine the parties and other evidence pertinent thereto. If he does not appear and answer, the facts set forth in the motion shall be taken as confessed. In either case such justice shall render such decree as equity requires.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 727: RECOVERY OF COLLECTION PAYMENTS FROM ATTORNEYS › 14 §7104. Contempt for failure to comply

§7104. Contempt for failure to comply
If the attorney does not perform the decree of such justice, he shall be committed for contempt until he does or is otherwise lawfully discharged, and his name shall be struck from the roll of attorneys.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 727: RECOVERY OF COLLECTION PAYMENTS FROM ATTORNEYS › 14 §7105. Claimant may sue at common law; disclosure

§7105. Claimant may sue at common law; disclosure
The claimant may have his suit at common law against such attorney before filing such motion or after an adverse decision thereon. If judgment is recovered against the attorney in either mode, the fact shall be noted on the margin of the execution issued thereon. When the debtor is arrested thereon, he shall be committed to jail and no citation to disclose shall be issued until he has been there for 90 days.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 729: RECOVERY OF FORFEITED PROPERTY › 14 §7151. Seizure of forfeited personal property

§7151. Seizure of forfeited personal property
When personal property is forfeited for an offense and no special mode is prescribed for recovering it, any person entitled to the whole or part thereof may seize and keep it until final judgment unless restored on the bond as provided.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 729: RECOVERY OF FORFEITED PROPERTY › 14 §7152. Restoration to claimant on giving bond

§7152. Restoration to claimant on giving bond
If the person claiming it for himself or another gives bond to the party seizing, with sufficient surety, to pay the appraised value when it is decreed forfeited, it shall be restored to him.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 729: RECOVERY OF FORFEITED PROPERTY › 14 §7153. Appraisal

§7153. Appraisal
The value shall be ascertained by the appraisement of 3 disinterested persons mutually chosen by the parties, or, if they cannot agree, by a justice of the peace in the county.   [PL 1987, c. 736, §19 (AMD).]
SECTION HISTORY
PL 1981, c. 456, §A56 (AMD). PL 1987, c. 736, §19 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 729: RECOVERY OF FORFEITED PROPERTY › 14 §7154. Inventory and appraisal if no claimant

§7154. Inventory and appraisal if no claimant
If no person claims the property after such seizure, the party seizing shall cause an inventory and appraisement thereof to be made by 3 disinterested persons, under oath, appointed by a justice of the peace in the county.   [PL 1967, c. 544, §39 (AMD).]
SECTION HISTORY
PL 1967, c. 544, §39 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 729: RECOVERY OF FORFEITED PROPERTY › 14 §7155. Libel in Superior Court; notice

§7155. Libel in Superior Court; notice
The party seizing, within 20 days, shall file a complaint in the clerk's office of the Superior Court in the county where the offense was committed, stating the cause of seizure and praying for an order of forfeiture. The clerk shall thereupon make out a notice to all persons to appear at such court at the time appointed to show cause why such order should not be passed, which notice shall be published in some newspaper printed in the county, if any, if not, in the state paper, at least 14 days before the time of trial.   [PL 1967, c. 544, §40 (AMD).]
SECTION HISTORY
PL 1967, c. 544, §40 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 729: RECOVERY OF FORFEITED PROPERTY › 14 §7156. Bond on seizure

§7156. Bond on seizure
When there is a claimant, the court may order the party seizing to give bond to him with sufficient surety for the safekeeping of the property seized, compliance with the order of court for restoration, and the payment of costs and damages, if not forfeited, and may hear and determine the cause by a jury, or without, if the parties agree, and may allow costs against the claimant. If there is no claimant, the court shall order the forfeiture and disposal of the property according to law, and a sale and distribution of the proceeds, after deducting all proper charges.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 729: RECOVERY OF FORFEITED PROPERTY › 14 §7157. Complaint not supported; property restored with damages

§7157. Complaint not supported; property restored with damages
If the complaint is not supported or is discontinued, the court shall order a restoration of the property, with costs. If the jury or court finds the seizure without probable cause, reasonable damages shall be ordered for the claimant.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 731: RECOVERY OF LAND GRANTS › 14 §7201. Breach of condition

§7201. Breach of condition
Where lands have been granted by the Colony or Province of Massachusetts Bay, the Commonwealth of Massachusetts or by this State, or are hereafter granted, on certain conditions alleged to have been violated, and the State claims to be revested therein, the following proceedings shall be had.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 731: RECOVERY OF LAND GRANTS › 14 §7202. Filing of information

§7202. Filing of information
When the Legislature or Governor and Council direct, the Attorney General shall file an information in the Superior Court in the county where the lands lie stating the grant and conditions, the breaches and the claims of the State.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 731: RECOVERY OF LAND GRANTS › 14 §7203. State may maintain action; service

§7203. State may maintain action; service
The State may maintain an action against the person stated as holding the lands under such grant, returnable to said court, which shall be served 30 days before the return day.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 731: RECOVERY OF LAND GRANTS › 14 §7205. Disclaimer by defendant

§7205. Disclaimer by defendant
If the defendant appears and disclaims holding said lands or any part thereof, the Attorney General shall take nothing by his information so far as respects the lands disclaimed. The defendant, and all subsequently claiming under him, shall be estopped from claiming or holding such disclaimed lands.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 731: RECOVERY OF LAND GRANTS › 14 §7206. Claim of title by defendant

§7206. Claim of title by defendant
If the defendant claims all or any part of the lands under such grant and traverses the breaches, the cause shall be tried by jury, and if the issue is found in favor of the State, judgment shall be rendered that the State be reseized of said estate and for costs; but if the issue is found for the defendant, he shall have judgment for his costs to be paid from the State Treasury.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 731: RECOVERY OF LAND GRANTS › 14 §7207. Defendant holding land exceeding grant

§7207. Defendant holding land exceeding grant
If the only alleged breach of condition is that the defendant holds more land than he has a right to hold under the grant, and it is so found by the jury or the defendant's admission, the court shall assign to him by metes and bounds so much of the land held by him as is equal in quantity to what he has a right to hold under the grant, and in such part thereof as is adjudged reasonable by the court.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 731: RECOVERY OF LAND GRANTS › 14 §7208. Location by direction of court

§7208. Location by direction of court
Such part shall be located by persons appointed by the court at the expense of the defendant and a plan thereof returned to the court. If confirmed by the court, it shall order an attested copy of the location and plan to be filed in the office of the Director of the Bureau of Forestry, and judgment shall be rendered that the State be reseized of the residue and for costs.   [PL 1973, c. 460, §18 (AMD); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §23 (REV).]
SECTION HISTORY
PL 1973, c. 460, §18 (AMD). PL 2011, c. 657, Pt. W, §7 (REV). PL 2013, c. 405, Pt. A, §23 (REV).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 731: RECOVERY OF LAND GRANTS › 14 §7209. Information; notice

§7209. Information; notice
In all other cases where an inquest is necessary, the Attorney General, without order of the Legislature, may file an information in said court describing the estate claimed and stating the title asserted thereto by the State. Notice shall be given as before mentioned if there is any tenant in possession; if not, the notice shall be given as the court orders at least 90 days before the sitting of the court to which it is returnable.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 731: RECOVERY OF LAND GRANTS › 14 §7210. Proceedings, judgment and costs

§7210. Proceedings, judgment and costs
If no person appears and answers to the information, or if a verdict is found that the State has good title to such estate, judgment shall be rendered that the State be seized thereof and recover costs, but if the verdict is in favor of the defendant, he shall recover his costs to be paid from the State Treasury.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 731: RECOVERY OF LAND GRANTS › 14 §7211. Information to recover escheats

§7211. Information to recover escheats
The Attorney General may file an information for recovering seizin by the State for any real estate supposed to have escheated to the State for want of legal heirs. The court shall order such notice thereon as it judges proper.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 731: RECOVERY OF LAND GRANTS › 14 §7212. Tenant not to set up title of alien

§7212. Tenant not to set up title of alien
In such case, the defendant shall not avail himself of the title of an alien, or of a subject of another nation or sovereign, or of any other person, unless he shows that he is his tenant or agent.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 731: RECOVERY OF LAND GRANTS › 14 §7213. Prevailing defendant entitled to costs

§7213. Prevailing defendant entitled to costs
If on trial the defendant proves that he is such tenant or agent, or the legal owner of such estate, he shall recover his costs to be paid as aforesaid.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 731: RECOVERY OF LAND GRANTS › 14 §7214. Defendant may prevail by title subsequently acquired

§7214. Defendant may prevail by title subsequently acquired
If it is found that the defendant was not the legal owner of such estate nor had any right as tenant or agent when the process was commenced against him, but afterward acquired a good title, or became tenant or agent, the Attorney General shall cease further to prosecute the action; but when the defendant proves no such title to the estate as owner or interest therein as tenant or agent, judgment shall be rendered that the State be seized thereof, and recover rents and profits as in a civil action between private persons.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 731: RECOVERY OF LAND GRANTS › 14 §7215. Judgment that State reseized

§7215. Judgment that State reseized
When judgment on information is rendered that the State be reseized or seized of any lands, the State shall be deemed in law to be so seized, and any judgment so rendered shall conclude all privies and parties and those claiming under them, so long as it remains in force, subject to section 7216.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 731: RECOVERY OF LAND GRANTS › 14 §7216. Tenant under State to have betterments

§7216. Tenant under State to have betterments
If a person appears and proves himself to have a legal title to such estate and recovers it against the State or its grantee or tenant, the estate shall be liable for all expenses of improvements thereon over and above the rents and profits thereof, although the tenant and those claiming under the State had not been in possession during 6 years.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 731: RECOVERY OF LAND GRANTS › 14 §7217. Determination of amount of betterments

§7217. Determination of amount of betterments
For the purpose of ascertaining the amount of such improvements, the Attorney General or the tenant or grantee of the estate may file a complaint in the Superior Court for recovering the same. Proceedings shall be had thereon as in other civil actions to ascertain and adjust the amount.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 735: REPLEVIN › Subchapter 1: GOODS › 14 §7301. Unlawful detention

§7301. Unlawful detention
When goods, unlawfully taken or detained from the owner or person entitled to the possession thereof, or attached on mesne process, or taken on execution, are claimed by any person other than the defendant in the action in which they are so attached or taken, such owner or person may cause them to be replevied.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 735: REPLEVIN › Subchapter 1: GOODS › 14 §7302. Venue

§7302. Venue
Except as provided in section 509 and in Title 4, section 155, subsection 3‑A, an action for replevin may be brought in either District Court or Superior Court in the county or division where a plaintiff or defendant resides or where any of the personal property sought to be replevied is located.   [PL 2009, c. 245, §7 (RPR).]
SECTION HISTORY
PL 2009, c. 245, §7 (RPR).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 735: REPLEVIN › Subchapter 1: GOODS › 14 §7303. Bond; additional security

§7303. Bond; additional security
Before serving the writ, the officer shall take from the plaintiff, or someone in his behalf, a bond to the defendant, with sufficient sureties or with a surety company authorized to do business in this State as surety, in double the value of the goods to be replevied, conditioned as in the prescribed form of the writ, to be returned with the writ to the court from which the writ issued, for the use of the defendant, and new sureties or surety company may be required thereon as provided in section 7403.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 735: REPLEVIN › Subchapter 1: GOODS › 14 §7304. Writ of return where defendant prevails; judgment when property held as security

§7304. Writ of return where defendant prevails; judgment when property held as security
If it appears that the defendant is entitled to a return of the goods, he shall have judgment and a writ of return accordingly, with damages for the taking and costs. If the plaintiff claims the property replevied as security for a debt, his claim shall be discharged by payment or tender thereof, with interest and costs; and judgment shall be for a return without costs, unless his title has become absolute by a legal foreclosure.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 735: REPLEVIN › Subchapter 1: GOODS › 14 §7305. Judgment for return of property attached or taken on execution; damages

§7305. Judgment for return of property attached or taken on execution; damages
If the goods, when replevied, had been taken in execution or were under attachment and judgment is afterwards rendered for the attaching creditor, and if, in either case, the service of the execution is delayed by the replevin, the damages on a judgment for a return shall not be less than at the rate of 12% a year on the value of the goods while the service of the execution is so delayed.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 735: REPLEVIN › Subchapter 1: GOODS › 14 §7306. Disposal of money recovered for goods attached or taken on execution

§7306. Disposal of money recovered for goods attached or taken on execution
All sums recovered by an officer in an action of replevin on account of goods attached or taken in execution by him or recovered in a civil action upon the replevin bond shall be applied:
1.  Fees, charges, expenses.
To pay the lawful fees and charges of the officer, and the reasonable expenses of the replevin action, and of the action on the bond, so far as they are not reimbursed by the costs recovered;
2.  Payment to creditor.
To pay the creditor, in whose action the goods were attached or taken on execution, the sum, if any, recovered by him in that action or what remains unpaid, with interest at the rate of 12% a year for the time that the money was withheld from the creditor or the service of his execution was delayed by reason of the replevin;
3.  Application of balance or if creditor does not recover judgment.
If the attaching creditor in such case does not recover judgment in his action, or if any balance remains of the money so recovered by the officer after paying the creditor his due, such balance or the whole amount, as the case may be, shall be applied as the surplus of the proceeds of sale should have been applied if such goods had been sold on execution.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 735: REPLEVIN › Subchapter 1: GOODS › 14 §7307. Appropriation of money received by creditor

§7307. Appropriation of money received by creditor
All sums received by such creditor from the sale of goods attached or taken in execution and afterwards returned, all sums received for the value of any of such goods as are not returned and all sums recovered from the officer for insufficiency of the bond shall be applied in discharge of the creditor's judgment, but all sums received as interest or damages for delay of his execution shall be retained to his own use and not go in discharge of the judgment.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 735: REPLEVIN › Subchapter 1: GOODS › 14 §7308. Judgment if plaintiff recovers

§7308. Judgment if plaintiff recovers
If it appears that the goods were taken, attached or detained unlawfully, the plaintiff shall have judgment for his damages caused thereby and for his costs.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 735: REPLEVIN › Subchapter 1: GOODS › 14 §7309. Continuance of attachment, if goods replevied

§7309. Continuance of attachment, if goods replevied
If the goods replevied had been attached, they shall, in case of judgment for a return, be held by the attachment until 60 days after judgment in the action in which they were attached has become final as provided in section 4601. If such final judgment is rendered before the return of the goods or if the goods when replevied had been seized on execution, they shall be held by the same attachment or seizure for 60 days after the return and may be taken and disposed of as if they had not been replevied.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 735: REPLEVIN › Subchapter 1: GOODS › 14 §7310. Writ of reprisal

§7310. Writ of reprisal
When the officer, in the service of the writ of return and restitution, is not able to find in his precinct the beast or other property directed to be returned in his precept, he shall certify that fact in his return. The court whence it issued, upon notice, may grant a writ of reprisal, in the form prescribed by law, against the plaintiff in replevin, to take his goods or beasts not exempt from attachment, of the full value, to be delivered to the defendant, to be held and disposed of by him according to law, until the plaintiff restores the beast or other property replevied by him.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 735: REPLEVIN › Subchapter 1: GOODS › 14 §7311. Defendant's remedy on replevin bond

§7311. Defendant's remedy on replevin bond
The foregoing provisions shall not preclude the defendant from resorting to his remedy on the replevin bond, or to his remedy against the officer for insufficiency of the bond, to recover the value of the goods together with the damage or loss occasioned by the replevin thereof, notwithstanding he has endeavored to recover the same by the writs of return and of reprisal.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 735: REPLEVIN › Subchapter 1: GOODS › 14 §7312. Limitation of surety's liability on replevin bond

§7312. Limitation of surety's liability on replevin bond
No action shall be maintained against any surety on a replevin bond unless it is commenced within one year after final judgment in replevin or, if the complaint in replevin is not filed with the court by the plaintiff within one year after the replevin of the goods.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 735: REPLEVIN › Subchapter 2: PERSONS › 14 §7351. Availability of writ; court of issue

§7351. Availability of writ; court of issue
If any person is imprisoned, restrained of his liberty or held in duress, unless by a lawful writ, warrant or other process, civil or criminal, he may have the writ for replevying the person, on complaint filed by himself or anyone in his behalf in the Superior Court, at the discretion of the court and not otherwise.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 735: REPLEVIN › Subchapter 2: PERSONS › 14 §7352. Issuance and service

§7352. Issuance and service
The writ described in this chapter shall issue from and be returnable to the Superior Court in the county where the plaintiff is confined, and be directed to a proper officer and served as soon as may be, 14 days at least before the return day.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 735: REPLEVIN › Subchapter 2: PERSONS › 14 §7353. Form of writ

§7353. Form of writ
The form of the writ shall be as follows:
"STATE OF MAINE.
[L.S.]"...., ss. To the sheriff of our County of ...., or his deputy, Greeting.
"We command you, that without delay you cause to be replevied, C.D., who, as it is said, is taken and detained in a place called N., in our said County of ...., by the duress of G.H., that he may appear at our Superior Court, next to be held at ...., within and for the County of ...., on the .... day of .... next, then and there in our said court to demand right and justice against said G.H. for the duress and imprisonment aforesaid, and to prosecute his replevin, as the law directs; provided that the said C.D.," (the plaintiff,) "before his deliverance, gives bond to the defendant, in such sum as you judge reasonable, with two sufficient sureties, with condition to appear at said court to prosecute his replevin against the defendant, and to have his body there to be redelivered, if thereto ordered by the court, and to pay all such damages and costs as are awarded against him; and if the plaintiff is delivered by you at a day before the sitting of said court, you shall summon the defendant to appear at said court.
"Witness J.S., Esquire, our ...., at ...., the .... day of ...., in the year of our Lord nineteen hundred and ....
L.M., Clerk."
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 735: REPLEVIN › Subchapter 2: PERSONS › 14 §7354. Bond before writ issues

§7354. Bond before writ issues
No person shall be delivered by such writ described in this chapter until a bond is given by the plaintiff or person suing in his behalf, to be returned to the court with the writ, for the sufficiency of which the officer shall be answerable, as in case of bail in civil actions.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 735: REPLEVIN › Subchapter 2: PERSONS › 14 §7355. Judgment

§7355. Judgment
If the plaintiff maintains his action, he shall be discharged and recover his costs; but if not, the defendant shall recover his costs and such damages as the jury assess; or if the defendant is defaulted or the parties consent, the court may assess the damages.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 735: REPLEVIN › Subchapter 2: PERSONS › 14 §7356. Defendant entitled to custody of plaintiff

§7356. Defendant entitled to custody of plaintiff
If it appears that the defendant is bail for the plaintiff or that, as his child, ward, apprentice or otherwise, he is entitled to his custody, he shall have judgment for a redelivery of his body, to be held or disposed of according to law.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 735: REPLEVIN › Subchapter 2: PERSONS › 14 §7357. Plaintiff eloigned; defendant arrested; bail

§7357. Plaintiff eloigned; defendant arrested; bail
If it appears that the defendant has eloigned the plaintiff's body so that the officer cannot deliver him, the court, on motion, shall issue a writ of reprisal to take the defendant's body and him safely keep so that he may be at the next term of the court, to traverse the return of said writ for replevying the plaintiff. He may be discharged by giving bail for his appearance at court, with 2 sufficient sureties, in such sum as the officer requires.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 735: REPLEVIN › Subchapter 2: PERSONS › 14 §7358. Defendant imprisoned; writ of reprisal; suggestion of plaintiff's death

§7358. Defendant imprisoned; writ of reprisal; suggestion of plaintiff's death
The defendant may traverse the return on the writ for replevying the plaintiff and if it appears that he is not guilty of eloigning the plaintiff, he shall be discharged and recover costs; but if he does not traverse it, or if on such traverse it appears that the defendant did eloign the plaintiff, an alias writ of reprisal shall issue, substantially in the form heretofore established and used in the State, on which he shall be committed to jail to remain irrepleviable until he produces the body of the plaintiff or proves his death. He may suggest the plaintiff's death and the court shall impanel a jury to try the fact at the defendant's expense; and if the death is proved, he shall be discharged.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 735: REPLEVIN › Subchapter 2: PERSONS › 14 §7359. Production of plaintiff; release of defendant

§7359. Production of plaintiff; release of defendant
If the defendant, after the return of eloignment, produces the body of the plaintiff in court, the court shall deliver him from imprisonment, upon his giving the defendant such bond as hereinbefore in this chapter directed to be taken by the officer when the plaintiff is delivered by him; and for want thereof, he shall be committed to abide the judgment on the writ for replevying the plaintiff; and, in either case, the action shall be tried as aforesaid.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 735: REPLEVIN › Subchapter 3: ANIMALS › 14 §7401. Replevy of distrained beasts

§7401. Replevy of distrained beasts
Any person, whose beasts are distrained to obtain satisfaction for damages alleged to be done by them, may maintain a writ of replevin therefor against the distrainer before any District Court in the county, in the form prescribed by law or, if the value of the beasts distrained is more than $20, in the Superior Court.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 735: REPLEVIN › Subchapter 3: ANIMALS › 14 §7402. Writ; service and return

§7402. Writ; service and return
The writ shall be sued out, served and returned and the cause heard and determined like other civil actions before the District Court, except as otherwise prescribed.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 735: REPLEVIN › Subchapter 3: ANIMALS › 14 §7403. Bond; additional sureties

§7403. Bond; additional sureties
The writ shall not be served unless the plaintiff or someone in his behalf executes and delivers to the officer a bond to the defendant, with sufficient sureties to be approved by the officer, or with a surety company authorized to do business in this State as surety, in a penalty double the actual value of the property to be replevied, conditioned as in the prescribed form of the writ and to be returned with the writ for the use of the defendant. If it afterwards becomes insufficient, the court may require additional surety or sureties to be furnished, who shall be held as if they had been original parties thereto. If not so furnished, it may dismiss the action and order a return of the property replevied or make such other order as is deemed reasonable.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 735: REPLEVIN › Subchapter 3: ANIMALS › 14 §7404. Judgment; distraint lawful

§7404. Judgment; distraint lawful
If it appears that the beasts were lawfully taken or distrained, the defendant shall have judgment for the sum found due from the plaintiff for the damages for which the beasts were distrained, with legal fees, costs and expenses occasioned by the distress and costs of the replevin action; or, instead thereof, the court may enter judgment for a return of the beasts to the defendant, to be held by him for the original purpose, irrepleviable by the plaintiff, and for the defendant's damages and costs in the replevin action.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 735: REPLEVIN › Subchapter 3: ANIMALS › 14 §7405. -- distraint unlawful

§7405. -- distraint unlawful
If it appears that the beasts were taken or distrained without justifiable cause, the plaintiff shall have judgment for his damages and costs.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 737: SMALL CLAIMS (REPEALED) › 14 §7451. Definitions (REPEALED)

§7451. Definitions
(REPEALED)
SECTION HISTORY
PL 1971, c. 206, §1 (AMD). PL 1975, c. 171 (AMD). PL 1979, c. 700, §3 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 737: SMALL CLAIMS (REPEALED) › 14 §7452. Procedure (REPEALED)

§7452. Procedure
(REPEALED)
SECTION HISTORY
PL 1977, c. 564, §71 (AMD). PL 1977, c. 593, §2 (AMD). PL 1979, c. 700, §3 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 737: SMALL CLAIMS (REPEALED) › 14 §7453. Process (REPEALED)

§7453. Process
(REPEALED)
SECTION HISTORY
PL 1965, c. 19, §4 (AMD). PL 1971, c. 206, §§2,3 (AMD). PL 1971, c. 622, §56 (AMD). PL 1977, c. 593, §§3,4 (AMD). PL 1979, c. 700, §3 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 737: SMALL CLAIMS (REPEALED) › 14 §7455. Judgment (REPEALED)

§7455. Judgment
(REPEALED)
SECTION HISTORY
PL 1971, c. 206, §4 (AMD). PL 1979, c. 700, §3 (RP).