or damage, and dollars and cents, for charges of suit, as to us appears of record, whereof execution remains to be done.

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We command you, therefore, that of the money of the said debtor, or of goods or chattels, within your precinct, at the value thereof in money, you cause to be levied, paid, and satisfied to the said creditor the aforesaid sums, being dollars and cents, in the whole; and also that out of the money, goods, or chattels of the said debtor, you levy cents more for this-writ, together with your own fees. (And for want of such money, goods, or chattels of the said debtor, to be byunto you, or found within your precinct, to the acceptance of the said creditor for satisfying the aforesaid sums, together with the interest on the debt or damage from the time of the rendition of judgment, we command you to take the body of the said debtor and commit unto our jail in in said county of -, and we command the keeper thereof accordingly to receive the said debtor into our jail, and safely keep, until he pays the sums above mentioned, with your fees, or that he be discharged by said creditor, or otherwise by order of law.)

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Hereof fail not, and make due return of this writ, with your doings thereon, unto our said trial justice, within three months next coming. Witness our said trial justice, at —, the -, in the year of our Lord one thousand eight hundred and -. J. S. H., Trial Justice.

If the judgment is founded on a contract express or implied, and is less than ten dollars, exclusive of costs; or on a prior judgment on contract, where the amount of the original debt remaining due is less than ten dollars exclusive of costs; or if the body be exempted from arrest; or if the debtor has lawfully disclosed before final judgment in the case; or if against corporations and quasi corporations; 89a the clause within the brackets should be stricken out. In all other cases the execution will run against the body.90

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The justice should minute upon the docket the time of issuing each execution, and not issue an alias until the preceding one has been returned with a proper indorsement upon it.

There may be two executions in the same action, viz.: one against the goods and estate in the hands of the representative of the deceased party, and the other against the representative himself and his estate.91

An officer may, on a proper execution, arrest the body, seize the goods or levy on land; but he cannot proceed simultaneously in each mode.92

89 Ante, p. 65.89a R. S. c. 84, § 29.90 Ante, p. 169, § 52.—91 Ante, p. 168, § 45.-92 Miller v. Miller, 25 Me. 110.

In actions of trespass on property, the court and jury or magistrate shall determine whether it was committed wilfully; if so found, a record thereof shall be made, and a memorandum of it on the margin of the execution.98

A judgment creditor cannot commence a levy on real estate while the debtor is under arrest or imprisoned by virtue of the same, or a subsequent execution upon the same judgment.94

CHAPTER XVI.

OF LEVY OF EXECUTION UPON PERSONAL PROPERTY.

1. All chattels, real and personal, liable at common law to attachment, and not exempted therefrom by stat ute, are liable to be taken and sold on execution as prescribed in this chapter.1

2. 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.2

3. Goods and chattels, legally taken on execution, shall be safely kept by the officer at the expense of the debtor, for the space of four days, at least, next after the day on which they were taken, exclusive of Sunday; and they shall be sold within fourteen days next after the day of seizure, except as hereinafter provided, unless, before the time of sale, the debtor redeems them by otherwise satisfying the execution.

(a) An officer, who has seized personal property on execution, does not abandon the seizure by leaving the property in charge of a keeper, in a building to which the debtor has access as well as the keeper, though the latter refuses to become responsible if the property be burned or stolen.1

93 R. S. c. 82, § 34.-94 Clement v. Garland, 53 Me. 427.

1 R. S. c. 84, § 1.-2 R. S. c. 84, § 2.-3 R. S. c. 84, § 3.-4 Ames v. Taylor, 49

Me. 881.

4. The officer shall post up public notice of the time and place of sale, at least forty-eight hours before the time of sale, in two or more public places in the town or place of sale.5

5. 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 six days next after the day appointed; and so, from time to time, for like good cause, giving notice of every adjournment as required in the preceding section.

(b) And a postponement for two days by proclamation, without the posting of advertisements, will not render the officer liable to the judgment debtor if the postponement, both as to time and mode, were made at the debtor's request." But if he sell at an adjourned sale without having posted up public notice, as required in § § 4 and 5, the sale will be void and he a trespasser ab initio.Ta 6. For good reason, and for the purpose of obtaining a better price for the goods to be sold, he may, if he deems it for the benefit of the debtor, adjourn the auction to another place in the same town.

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7. Where there is reasonable doubt as to the ownership of goods, or their liability to be taken in execution, the officer may require sufficient indemnity."

8. 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 ten days, giving due notice of the second sale; and account for what he receives on the second sale, and for any damages he recovers of the first bidder for loss on the resale,as for so much received on the execution.10

9. He shall, in his return on the execution, particularly describe each article or lot of goods sold, and the price at which it was sold; and if he is guilty of any fraud in the sale or return, he shall pay to the debtor, in an action on the case, five times the sum of which he is defrauded.11

10. The money, arising from the sale of any property on execution, shall be applied to pay the charges and satisfy the execution; and the residue, if any, shall be returned to the debtor on demand, or otherwise legally applied as provided in section twenty-one."

12

R. S. c. 84, § 4.-R. S. c. 84, § 5.-7 Wilton Man. Co. v. Butler, 34 Me. 431.1 Hayes v. Buzzell, 60 Me. 205.8 R. S. c. 84, § 6.-9 R. S. c. 84, § 7.-10 R. S. c. 84, § 8.-11 R. S. c. 84, § 9.-12 R. S. c. 84, § 10.

(c) A sale of the goods of the debtor, made by an officer at public auction, on judicial process, he being authorized by law and having an official jurisdiction over the proceedings, will transfer the debtor's title to a bona fide purchaser, notwithstanding the directions of the law relating to the sale may not have been strictly complied with by the officer.13

11. When a debtor's property has been sold by virtue of an execution, and the judgment on which it was issued is afterwards reversed on writ of error, the title of the purchaser thereof is not affected thereby; but the defendant in the original suit may maintain an action of assumpsit against the original plaintiff for so much of said judgment as is satisfied.

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12. When a lessor of lands leased for the purpose of erecting a building thereon commences an action against the lessee, attaches the buildings within six 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 of time 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; and the remedies and rights of the parties are the same as those of mortgager and mortgagee, except the rate of interest, which shall be ten per cent per an

13. Any share or interest of a stock-holder or proprietor in an incorporated company may be taken on execution and sold in the following manner, and in no other manner, notwithstanding anything in the charter of such company to the contrary.16

14. If the property was not attached on mesne process in the same suit, 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 it and selling it on execution as in section sixteen c. 84, R. S.17

13 May v. Thomas, 48 Me. 396.-14 R. S. c. 102, § 5; Bryant v. Fairfield, 51 Me. 149; Stinson v. Ross, 51 Me. 556.-15 R. S. c. 84, § 11.-16 R. S. c. 84, § 12.-17 R. S. c. 84, § 13.

15. The officer of the company having the care of the records or account of shares, or interest of the stockholders, shall, on the 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, under the penalty provided in chapter eighty-one, section twenty-five.18

16. Within fourteen days after the day of 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; and the purchaser shall thereupon be entitled to a certificate or certificates of the shares bought by him, on paying the fees therefor, and for recording the transfers; and if such shares or interest were attached in the suit in which the execution issued, he shall have all dividends which accrued after the attachment.19

17. 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; and public notice thereof by posting it up in one or more public places in the town where the sale is to be made, and in two adjoining towns, if there are so many, thirty days at least before the day of sale; and shall publish an advertisement of the same import, and naming the judgment debtor, three weeks successively before the day of sale, in some public newspaper printed in the county, if any, if not, in the State paper; and if the debtor never lived in the county, posting the notification and publishing the advertisement as aforesaid shall be sufficient.20

18. 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 of the company, if there are any officers, if not, where any stockholder resides, thirty days at least before the day of sale, and by causing an advertisement, naming the creditor therein, to be inserted three weeks successively in a newspaper printed in a county where either of said

18 R. S. c. 84, § 14.-10 R. S. c. 84, § 15.—20 R. S. c. 84, § 16.