Executions against manu porations, if not satisfied, SEC. 31. Be it further enacted, That whenever any action facturing cor- shall be commenced against any manufacturing corporation that may hereafter be created or whenever any execution may issue against such corporation on any judgment rendered in any civil action and the said corporation shall not, before the day on which the said execution is returnable after demand thereof made upon the President, Treasurer or Clerk of such corporation by the officer to whom the writ or execution against such corporation has been committed to be served, show to the same officer sufficient personal estate to satisfy any judgment that may be rendered upon such writ, or to satisfy and pay the creditor the sums due upon such execution, then, upon such neglect and default, upon the issuing of an alias execution, the officer to whom such execution may be committed for service, may serve and levy the same writ and execution upon the body or bodies, and real and the corpora personal estate or estates of any member or members of such corporation; or upon the body or bodies, and upon the estate real and personal of any person or persons, who were members of said corporation at the time when the debt or debts accrued, upon which such writs or executions may have issued. may be renew. ed and satisfied by taking the bodies of any of the members of tion. Attachments dissolved by party, SEC. 32. Be it further enacted, That when any goods or of property not estate are attached upon a writ or process which shall be death of either pending, or may hereafter be pending in the Supreme Judicial Court or Circuit Court of Common Pleas, the same shall not be released or discharged by reason of the death of either party, but be held good to respond the judgment to be given on such suit or process in the same manner as by law they would have been if such deceased person had been living: Provided always, That where any estate attached as of a represent aforesaid, shall, by the executor or executors, or administrator or administrators of the same, be represented as insolvent, and a commission of insolvency shall thereupon issue; in all such cases attachments made as aforesaid shall have no force or efficacy after the death of the original defendant or defendants in the action. except in cases ation of insolvency. SEC. 33. Be it further enacted, That upon any judgment Executions in in any Court of law in this State, in the name or for the use the name and for the use of and benefit of this State, for any sum of money, a writ of ex to be served. ecution in common form shall issue, and be directed to the the State how proper officer, and the lands of such judgment debtor may be taken on such execution and sold at public vendue to the highest bidder. And in every such case, the officer who shall levy such execution, may and shall execute to the purchaser a good deed of any lands so by him sold. And every such officer, before he shall proceed to sell any lands in manner above described, shall give notice in writing of the time and place of sale to the debtor in person, or by leaving the same at his last and usual place of abode, if he be an inhabitant of this State, twenty days before such sale, and shall also give public notice of the time and place of sale by posting up notifications in two or more public places in the town, plantation or township, within which such land may lie, thirty days at least before the time of sale, and shall likewise cause an advertisement of the time and place of sale to be published three weeks successively, in the newspaper employed by the State to publish the laws, and in a newspaper printed in the county where such land may lie, if any such there be, the last publication to be not less than six days before the time of sale. And the officer may, if he deem it necessary, adjourn such vendue not exceeding ten days at any one time, until the sale of such estate shall be completed: Provided however, That the judgment debtor shall have the same right to redeem the same, in the same time and manner, as judgment debtors in execution have, to redeem real estate set off on execution. Attachment of continued SEC. 34. Be it further enacted, That when hay in a barn, sheep, horses or neat cattle are attached on mesne process certain articles, thoughleft at the suit of a bona fide creditor, and are suffered by the in defendant's officer making such attachment, to remain in the possession possession, still of the debtor, on security given for the safe keeping or de- valid. livery thereof to such officer, the same shall not by reason of such possession of the debtor, be subject to a second attachment, to the prejudice of the first attachment. [Approved March 15, 1821.] Persons who itor in such cases. Mode of serv CHAPTER LXI. An Act concerning Foreign Attachment. SEC. 1. BE it enacted by the Senate and House of Representatives, in Legislature assembled, That any person or persons, body politic or corporate, entitled to any personal action, excepting detinue, replevin, actions on the case for slanderous words or malicious prosecution, or actions of trespass for assault and battery against any person or persons, or body politic or corporate; having any goods, effects or credits so intrusted or deposited in the hands of others, that the same cannot be attached by the ordinary process of law, may cause not only the goods and estate of the person, against whom such action lies, to be attached in his own hands and possession, but also all his goods, effects and credits, so intrusted or deposited, to be attached in whose hands or possession soever they may be found, by Process to be an original writ to issue under the seal of the Circuit Court of Common Pleas, signed by the Clerk, and attested by the first Justice of the said Court, not a party thereto, in the form prescribed by law. And the officer to whom such writ ing such pro- may be directed, shall serve the same by attaching the ferent circum- goods and estate of the principal of the value required, if so much can be found in his precinct, by reading the said writ to him, or by leaving an attested copy thereof at his last and usual place of abode, if he had been an inhabitant or resident within this State at any time within three years next before the suing out such writ, and by reading the same to each of the trustees, or by leaving an attested copy thereof, at such trustee's usual place of abode; and in case the principal has not been an inhabitant or resident as aforesaid, a service made on the supposed trustee or trustees, in manner aforesaid, shall be deemed a sufficient service; and Lien on princi- the goods, effects and credits of the principal, in the hands &c.created by and possession of his trustee or trustees at the time such writ was served upon him or them, shall stand bound and Writ to be re- be held to satisfy such judgment as the plaintiff shall recovturnable in the er against the principal; and when the trustees, named in Trustees dwell; such writ, do all dwell in one county, such writ shall be cess under dif stances. pal's goods, service of pro cess. County where in different made returnable in the county where all the trustees dwell, if they dwell but when the trustees do not all dwell in one county such counties, then writ may be made returnable in any county in which any of where either the trustees dwell. in the county of them dwell. insert the names of oth any time be the process on SEC. 2. Be it further enacted, That in all such cases it Plaintiff may shall and may be lawful for the plaintiff or his attorney to insert in the process, which may have been served on one er trustees at or more trustee or trustees, the name or names of any fore service of person or persons, in whose hands or possession he or they the principal. may suspect that any goods, effects, rights or credits of the absconding debtor or principal are placed or concealed: Provided however, That no such name or names shall be inserted after the said writ or process has been served upon the principal or absconding debtor or debtors. the time of ed-unless he Court. SEC. 3. Be it further enacted, That if the principal shall In case of principal's absence be absent from the State when such writ shall be served, from State at the Court shall continue the action two terms, that he may service, action have notice, unless the principal after the service of the writ, to be continuand before the sitting of the Court shall have come into the return before State; in which case, it shall be in the discretion of the Court whether to continue the action or not; and when the Trustee having principal does not appear in his own person, or by attorney, may appear goods, &c. to answer such suit, the trustees, or any of them having and plead in goods, effects or credits of the principal in his or their hands cipal. or possession, may appear in his behalf, and in his name plead and defend to final judgment and execution. behalf of prin SEC. 4. Be it further enacted, That if any supposed If trustee aptrustee shall come into Court the first term and declare that pear at first term and is discharged to recover his legal costs; in another County, Court he had not in his hands or possession, at the time the writ was served on him, any goods, effects or credits of the principal, and shall thereupon submit himself to an examination upon oath, and the said declaration shall appear to the Court to be true, the Court shall award him his legal costs; and if he live and if such trustee shall, at the time of service of such writ, dwell in any county, other than that in which the said writ may allow him is returnable, the Court shall allow him such further costs, compensation, as, with his legal costs, shall, under all the circumstances of the case, be a reasonable compensation to him for his time and expenses in appearing and defending himself against such suit; and every person resident in the county where reasonable &c. costs. Trustee not such writ shall be duly returned, who, being summoned as appearing first term liable to aforesaid, shall neglect to appear and submit to an examination, as to the supposed goods, effects or credits in his or her hands, and having no reasonable cause to the contrary, in the opinion of the Court where the suit shall be, shall be li- able for all costs afterwards arising in such suit, to be recovered and paid out of his own goods and estate, in case judgment shall be finally rendered for the plaintiff; and unless such costs shall be duly recovered against the goods, effects or credits of the principal in the hands of a trustee. Several trus. And if several persons, resident in such county, being duly tees dwelling in same coun- summoned as aforesaid, shall neglect to appear as aforesaid, ty, not appearing, shall be judgment and execution against them jointly, shall be joint judgment awarded for such costs. And persons resident in other counties than where the writ is returnable, shall not be liable for any costs arising on the original process herein provided. and execution against them for costs. does not sup against princi cipal, and have ed. appear charged plain SEC. 5. Be it further enacted, That where the plaintiff When plaintiff doth not support his action against the principal, and judgport his action ment shall be rendered, that he take nothing by his writ, pal, costs al- the Court shall award cost against him, as well in favour of lowed to prin- the principal as in favour of such of the persons summoned trustees who as trustees severally, who have personally appeared in Court and submitted themselves to an examination, upon oath as aforesaid, and several executions shall issue thereWhen all trus- upon accordingly. And where all the supposed trustees, or tees are dis- any one or more of them, come into Court, and are distiff may still charged upon examination on oath, as aforesaid, or when proceed against princi- the suit shall be discontinued by the plaintiff against them, or against any one or more of them, the plaintiff may notwithstanding proceed against the principal, to trial, judgment and execution: Provided however, That where all the provided a ser supposed trustees shall be discharged, as aforesaid, or made on such where the plaintiff' shall discontinue his suit against all of principal, &c. them, or whenever it shall appear from the record, that there is not any trustee in such suit; in all such cases the plaintiff shall not proceed in his suit against the principal, unless there shall have been such service of the original writ upon the principal as would authorize the Court to proceed to render a judgment against him, in an action brought and pal, vice has been |