idends.

ed or taken on

ies to be left

rights and privileges appertaining to such shares, may be growing div attached on mesne process, and taken on execution; and the attachment of such shares or interest on mesne process shall hold the same, and also all dividends growing due after such attachment, to respond the final judgment which may be rendered thereon, until the expiration of thirty days after the rendition of such judgment. And when any such shares or interest shall be attached on mesne process, or When attachtaken on execution without such previous attachment, an execution copattested copy or copies of such writ of attachment or execu- with Clerk, tion, shall, by the officer holding the same be left with the &c. Clerk, Treasurer or Cashier of such company. And all rights in equity of redeeming lands mortgaged, reversions Rights in equior the remainders, shall be liable to attachment upon mesne tachment and process and to be taken by execution upon judgment recovered for the payment of the just debts of the mortgager or owner; and when any right in equity of redeeming real es- In case of retate which is mortgaged, shall be attached on mesne pro- demption attaching creditcess, and pending the attachment such mortgaged real es- or to have lien tate shall be redeemed by the mortgager, the attaching the estate. creditor shall have the same lien on such estate as though the attachment had been of the fee, and execution may be levied thereon accordingly.

ty liable to at

execution.

on the fee of

may be attach

SEC. 2. Be it further enacted, That the franchise and all Franchises of the rights, privileges and immunities of any turnpike, turnpikes, &c. bridge, canal or other company incorporated by law with ed. power to receive toll so far as relates to the right of demanding and receiving toll, as well as all other corporate property, either real or personal, shall be liable to attachment on mesne process; and when such attachment shall be made or other service of a mesne process shall be made on any of the corporations aforesaid, the officer serving the same shall leave an attested copy of said process, and his return thereon with the Clerk, Treasurer, or some one of the directors of said corporation, thirty days at least before the day of the sitting of the Court to which the same may be returnable.

Copy to he left with Clerk, &c. 30 days

before Court.

SEC. 3. Be it further enacted, That the party obtaining Execution judgment in a civil action, in any Court of Judicature with- may issue 24 in this State, shall be entitled to have his execution thereon

hours after

judgment, if no appeal.

Executions

when returnable.

at any time after the expiration of twenty-four hours after judgment rendered, and within one year next after the entering up of such judgment: Provided, That there be no appeal granted. And execution issuing from the Circuit Court of Common Pleas, shall be made returnable within three months, unless the Circuit Court of Common Pleas shall sit within that time, and in that case it shall be made returnable to the next Court; and those issuing from the Supreme Judicial Court, shall be made returnable at the end of six months, unless the Supreme Judicial Court shall sit in the said county within that time, and in that case it shall be returnable to the same; and those issuing from a Justice of the Peace shall be made returnable within sixty days from the day of issuing them; and when such executions shall be returned without any satisfaction made, or satisfied only in part, the Clerk of the Court from whence, or Justice from whom such execution issued, shall, upon application of the creditor, make out an alias or pluries execution for the whole, or the remainder, as the case, may be, till the judgment shall be fully satisfied: but if the party shall neglect Not to issue af. for the space of one year next after obtaining judgment, to without a scire take out his execution, or shall not within one year next after his execution shall be returned not satisfied, take out his alias or pluries, he shall sue out his writ of scire facias against the adverse party, to show cause, if any he hath, why execution ought not to be done; and upon his not showing sufficient cause, the Court shall award execution, for what remaineth, with additional costs; or the creditor may bring his action of debt on the judgment.

ter a year

facias,

or may have on the judg

action of debt

ment.

Officers to off

SEC. 4. Be it further enacted, That whenever it shall set executions, happen that any sheriff, coroner or other officer authorized by law to serve executions, shall at the same time have several executions wherein the creditor in one execution is debtor in the other, any such officer is hereby empowered and directed to cause one execution to answer and satisfy Provided par- the other, so far as the same will extend: Provided always, ties are in the That this Act shall not be construed to extend to any judgments or executions wherein the creditor in one execution is not in the same capacity and trust, debtor in the other: and that attor And provided also, That nothing in this Act shall be constru

same capacity,

costs, and as

shall not be

impaired.

ed to affect or discharge the lien which any attorney has or ney's lien for may have upon any judgments or executions for his fees and signees rights disbursements, or to affect the rights of any person to whom or for whose benefit the same judgments or executions, or the original cause of action thereof may have been assigned, bona fide, and without fraud.

on execution

sale

before

1

ed 48 hours

SEC. 5. Be it further enacted, That when any goods or Goods seized chattels shall be taken to satisfy an execution issuing upon to be kept 4 a judgment obtained, such goods or chattels shall be safely days kept, by the officer, at the expense of the debtor, for the space of four days next after they are so taken; and if within that time, the owner shall not redeem the same by otherwise satisfying the execution, such goods and chattels shall be sold at public vendue to the highest bidder, having first to be advertisbeen advertised by the posting up notifications of the time before sale and place of sale, forty eight hours before the expiration of the four days in the town or place where the sale is to be; and the money arising upon such sale shall be applied to the paying charges and the satisfying the execution, and the officer shall return the overplus, (if any there be) to the debtor. And the officer who is possessed of the execution shall make return of the same with his doings therein, particular- particular rely describing the goods taken and sold, and the sum for which each article was struck off; and if any officer shall be guilty of any fraud in the sale or in the return, he shall be fraud therein. liable to the debtor to pay him five times the sum defrauded, to be recovered by action of the case.

officer to make

turn

penalty for

Leaving copy

with certain

SEC. 6. Be it further enacted, That an attested copy or copies of execution left with the Clerk, Treasurer or Cashier of execution of any turnpike, bridge, canal or other corporation, and an officers of coradvertisement of the time and place of sale being once porations to be a taking on expublished within said thirty days after judgment, shall be ecution. deemed a taking such shares or interests in execution, pur

tice.

suant to the attachment on the original writ; and so many Shares, &c. to of said shares, or so much of said interest may be sold on said be sold at auc execution at public vendue to the highest bidder as shall be tion, after nosufficient to satisfy the same, and the charges of the sale, after notice shall have been given of the time and place of sale in manner as hereinafter provided; and in case the officer Copy of reture

officer of corperation.

to be left with making the sale, or the purchaser or purchasers of any such shares or interest do cause an attested copy or copies of such execution, and the officer's return thereon to be left with such Clerk, Treasurer or Cashier, within fourteen days after the sale is completed, and pay for the recording of the same, such purchaser or purchasers shall be thereby entitled to such shares and interest, with all the privileges appertaining thereto, and the income and dividends which may have accrued or been made on the same subsequent to the attachment thereof on mesne process; and it shall be Certificates of the duty of the proper officer or officers of such corporation, given to pur- to issue to the purchaser or purchasers under such execution, such certificates as by the bye-laws and regulations of such corporation are the evidences of the shares or interest of a proprietor in such corporation.

shares to be

chaser.

Mode of noti. fying sale of shares.

any

SEC. 7. Be it further enacted, That in making sale of such shares or interest, the officer holding the execution shall give notice in writing of the time and place of sale to the judgment debtor, by leaving the same at his last and usual place of abode, if within the county in which the said officer dwells, and public notice of the said time and place of sale, by posting up notifications thereof in one or more public places in the town or plantation where such sale is to be made, and also in one or more public places in the two adjoining towns, thirty days at least before the time of sale, and further shall cause an advertisement expressing the time and place of sale, and against whom such execution shall have issued on which such shares or interests have been taken, to be published three weeks successively before the day of sale, in some public newspaper printed in the county where the sale is to be made, if any such be therein printed, and in case no such paper is therein printed, then such advertisement shall be published in some public newspaper in the nearest county wherein a newspaper shall be published; and in case the judgment debtor has at no time resided, or does not then dwell in such county, the posting up such notifications, and publishing such advertisements in manner aforesaid shall be deemed sufficient notice of such sale; and in case the shares or interest so notified for sale, shall not for want of purchasers, be disposed of at the time ap

pointed for sale, the officer shall adjourn the sale for a time Vendue may not exceeding three days, and from time to time, until the sale for 3 days. be adjourned shall be completed; and the surplus monies (if any there be) arising from such sale, beyond satisfying the contents of the execution and necessary intervening charges, the officer to be disposed Surplus how shall the debtor, or deposit the same with the treasurer pay or cashier of the corporation, for the benefit of the debtor and subject to his order.

of.

Clerkorcashier

on request of officer, to give

of shares own

SEC. 8. Be it further enacted, That whenever an officer, having a writ of attachment or execution against any person interested in any such shall exhibit to the Clerk or him certificate company, Cashier thereof, such writ or execution, and request a cer- ed by the debttificate from him of the number of shares or amount of in- or. terest owned by the debtor in such company, it shall be the duty of such Clerk or Cashier to give the said officer a certificate of the number of shares or amount of interest holden and owned by the debtor in such company, and therein express the numbers or other marks by which such shares or interest are distinguished; and in case such Clerk or Cashier shall refuse to make and deliver to the officer glect, &c. such certificate, or shall wilfully make and deliver a false certificate thereof, such Clerk or Cashier shall be liable to pay to the creditor the full contents of such execution, and the contents of the judgment which may be recovered by the plaintiff in such writ of attachment, and the same may be recovered by the judgment creditor in an action of debt, in any Court proper to try the same.

Penalty for ne

ter notice, may

SEC. 9. Be it further enacted, That whenever any judg- Franchise of ment has been, or may hereafter be recovered in any Court corporation afof Law against any turnpike, bridge, canal or other com- be sold on expany incorporated by law, with power to receive toll, the ecution. franchise of such corporation, with all the privileges and immunities thereof, so far as relates to the right of demanding and receiving toll, as well as all other corporate property, whether real or personal, shall be liable to the satisfaction and payment of such judgment, and may be taken and sold on execution at public vendue; the officer first giv- Mode of giv ing notice of the time and place of sale, by posting up a no- ing notice. tification thereof in any town or plantation, in which the Clerk, Treasurer or any of the Directors of said corporation

1