Of notice of sale of, and of disposition of proceeds of. SEC. 3. If, after reasonable notice, no person appear, or no sufficient cause to the contrary be shown, the court or justice may direct the officer to sell the same, in the manner prescribed by law for selling goods and chattels on execution; and such officer shall hold the proceeds of such sales, after deducting therefrom the necessary charges thereof, as security to satisfy such judgment as the attaching creditor may recover, in the same manner as if he held the property itself. SEC. 4. Personal estate, when mortgaged and in the possession of when and how the mortgagor, and while the same is redeemable at law or in equity, may be attached on mesne process against the mortgagor, in the same manner as his other personal estate. Personal estate mortgaged, attachable. How and when may be sold. Proceeds of sale of, how to be applied. Of plaintiff's right to redeem. Attachment of, when void. Corporation served with writ attaching stock or shares, how to account. Person, copartner, or officer of corporation so served to account. SEC. 5. When attached, such mortgaged estate may be sold, upon the application of the mortgagee, or of either of the parties to the suit, in the manner provided for the sale of perishable goods and chattels when attached on mesne process. SEC. 6. Upon any such sale, the attaching officer shall first apply so much of the proceeds of the sale as may be necessary to pay the amount for which the said property was mortgaged, with such deduction for interest for the anticipated payment, or allowance for damages for such anticipated payment, as may be allowed by the court or judge directing the sale; and the officer shall hold only the balance, for the purposes of the attachment. SEC. 7. The plaintiff in any such attachment may redeem the mortgaged estate in the same manner as the mortgagor might have done; and in case of such redemption, the plaintiff shall have the same lien on the property for the amount paid by him, with interest, as the mortgagee had. SEC. 8. If the mortgage be not redeemed by the plaintiff, or sold as before mentioned, before the redemption expires, the attachment shall become void. pany SEC. 9. Whenever any banking association or incorporated comshall be served with a copy of a writ attaching its stock or shares, if a bank, the cashier thereof, if an insurance company, the president or secretary thereof, and if any other corporation, the treasurer thereof, or person executing the duties of treasurer, shall render an account upon oath, to the court to which such writ shall be returnable, of what stock or shares the defendant had in such company at the time of the serving such writ. SEC. 10. The person, member of the copartnership, or officer of the corporation with whom a copy of a writ shall have been left for the purpose of attaching the personal estate of the defendant in the as trustee, how hands or possession of such person, copartnership, or corporation as trustee, shall render an account in writing upon oath, to the court to which such writ is returnable, of what estate such person, copartnership, or corporation had in his hands or possession at the time such writ was served, if any, or if he had none either directly or indirectly, shall return such fact in writing under oath to such court. Oath of, where made and filed. Right of par ties to examine ing oath. person so mak SEC. 11. The disclosure made by virtue of either of the two preceding sections shall be sworn to, before any person authorized to administer oaths, and shall be filed with the clerk of the court, if there be a clerk, otherwise with the court to which such writ shall be returnable. SEC. 12. Either party may examine the person so making oath, upon written interrogatories, to be filed with such clerk, or court, if there be no clerk; and such person, after having been furnished with a copy of such interrogatories, shall answer the same responsively in writing under oath, administered as aforesaid, and shall return the answer to such clerk, or to such court, if there be no clerk, at such time as such court may, by general rule, or by special order in such case, direct. erty. SEC. 13. If it shall appear by the disclosure of the person making Remedy such oath that the person, copartnership, or corporation served with against trustee a copy of such writ, had at the time of service thereof any of the admitting proppersonal estate of the defendant in his or their hands, then and in such case the plaintiff, after having recovered judgment against such defendant, may bring his action against such person, copartnership, or corporation, to recover so much as will satisfy such judgment, with interests and costs, if there shall appear by such disclosure to be a sufficiency for the same; otherwise, for so much as shall appear by the same to be in his hands. SEC. 14. Whenever it shall appear that several persons, copartnerships, or corporations had property of the defendant as such trustee, the plaintiff may sue each separately, and recover the amount in his hands, until such plaintiff shall receive full payment of his judgment against the original defendant, with interest and costs. SEC. 15. Any trustee, after final judgment against the defendant, may satisfy such judgment or any part thereof, to the amount of the estate attached in his hands, before any suit shall be brought against him therefor; and such payment shall avail for his discharge, as against both plaintiff and defendant, for the amount thereof. Remedy in case of several trustees. Right of trus tee to satisfy judgment. articles. SEC. 16. If it shall appear by the disclosure that the personal Right of, to estate in the hands of the trustee belonging to the defendant did deliver specific not consist of money, but of one or more specific articles, such trustee may, after final judgment shall have been rendered against the defendant, surrender or deliver to the officer charged with the execution issued on such judgment such specific articles, that the same may be taken on such execution. SEC. 17. Such surrender or delivery shall be a good discharge to Effect of delivthe trustee for such articles, as to both plaintiff and defendant in the ery. action. SEC. 18. If any person, copartnership, or corporation, after being served as trustee with a copy of any writ, and after having been tendered at the time of such service, or previous to or during the sitting of the court, two dollars and his travelling fees as a witness in the supreme court or court of common pleas, and one dollar and like travelling fees in any other court, shall neglect or refuse to render such an account on oath as aforesaid, of what personal estate of the defendant he had in his hands at the time of the service of such copy, such trustee shall be liable to satisfy the judgment that the plaintiff shall obtain against the defendant in such writ, to be recovered by special action on the case. Consequences of trustee's neglect to ac count. Action, how brought against several trustees. SEC. 19. If several trustees shall neglect or refuse to render an account upon oath in the same case, then the plaintiff shall bring his action against all such trustees jointly, and in no other manner. SEC. 20. Every trustee who shall be served with such copy of a writ Right of trusagainst any defendant, shall have liberty to file an answer to such action, and defend the suit in behalf and in the name of the defendant. tee to defend, &c., suit. if trustee's account shows no property. SEC. 21. If it shall appear by such disclosure that the person, co- Consequences, partnership, or corporation who had been served as trustee with a copy of such writ had not any of the personal estate of the defendant in his hands, then such action shall be dismissed, and the person Of trustee's costs. What included who shall appear to defend the same shall recover his costs, unless the writ has been duly served on the defendant. SEC. 22. Every person, copartnership, or corporation served with a copy of a writ for attaching the estate of another in their hands shall be paid all lawful costs and charges which they shall be at, in consequence of their being served with such writ of attachment, by the person who brings the action; and so much of such charge as shall be judged reasonable by the court before whom the cause shall be pending shall be allowed in the bill of costs. SEC. 23. The word "trustee," wherever occurring in this title, in word "trus- shall be deemed to include the words "attorney, agent, factor, and debtor." tee." Female not subject to arrest, when. Voters ex SECTION 1. No female shall be arrested on original writ in any action founded on contract. SEC. 2. No person entitled to vote shall be liable to arrest upon empted, when. any civil process on the days of election for the choice of city or town officers, of state officers, representatives to congress, or of electors of president and vice-president of the United States, or on the day preceding, or on the day following, such election. Military officers and privates, when. Property exempted from attachment. Wearing apparel; working tools; household furniture, &c.; books; cow, hay; hog, pig, &c.; military equipments, &c.; SEC. 3. No officer, non-commissioned officer, or private shall be arrested on civil process, while going to or coming from, or remaining at any place which he shall have been ordered to attend, for the election of any military officer, or the performance of any military duty. SEC. 4. The following goods and property shall be exempted from attachment on any warrant of distress, or any other writ, original, mesne, or judicial: 1. The necessary wearing apparel of a debtor, or of his family, if he have a family. 2. The working tools of a debtor necessary in his or her usual occupation, not exceeding in value the sum of two hundred dollars. 3. The household furniture and family stores of a housekeeper, in the whole, including beds and bedding, not exceeding in value the sum of three hundred dollars. 4. The bibles, school, and other books in use in the family, not exceeding in value the sum of three hundred dollars. 5. One cow, and one and a half tons of hay, of a housekeeper. 6. One hog and one pig, and the pork of the same, when slaughtered, of a housekeeper. 7. The uniform, arms, ammunition, and equipments of every officer, non-commissioned officer, and private in the militia; and the arms, ammunition, and equipments of any person, which are kept for use, and not for sale. 8. The debtor's interest in one pew, in any church or meeting- pew; house, in which he or his family usually worship. 9. The debtor's interest in one lot, or right of burial, as the case burial lot; may be, in any cemetery. 10. Mariners' wages, until after the termination of the voyage in mariners' which such wages shall have been earned. notes. wages; 11. Debts secured by bills of exchange or negotiable promissory debts secured by notes, &c.; 12. The salary or wages due or payable to any debtor not exceed- wages, except, ing the sum of ten dollars, except when the cause of action is for &c.; necessaries furnished the defendant. visions. 13. Such other property, real, personal, or mixed, in posses- general prosion or action, as is or shall be exempted from attachment and execution, either permanently or temporarily, by general or special acts, charters of incorporation, or by the policy of the law. TITLE XXVII. OF PROCEEDINGS IN COURTS. CHAPTER 199. Of entering actions and appeals, and of amendment and abatement. CHAPTER 200. Of the discontinuance of actions. CHAPTER 201. Of pleadings, tender, and set-off. CHAPTER 202. Of trials. CHAPTER 203. Of views, witnesses, depositions, and evidence. CHAPTER 204. Of referees, auditors, and masters in chancery. CHAPTER 205. Of judgments, and of interest on judgments, verdicts, awards, and reports. CHAPTER 206. Of costs, double costs, and double interest, and of taxation of costs. CHAPTER 207. Of appeals in civil cases at common law, and of neglect to prosecute the same. CHAPTER 208. Of appeals from justice courts in criminal cases. CHAPTER 209. Of taking questions of law, in cases civil and criminal, to the supreme court. CHAPTER 210. Of new trials. CHAPTER 199. OF ENTERING ACTIONS AND APPEALS, AND OF AMENDMENT SECTION 1. Actions and appeals, when to be entered in supreme court and court of common pleas. SECTION 2. Of special leave to enter. 4. Defects of form, effect of. SECTION 5. Power of courts to amend. 6 and 7. Proceedings in case a de- 8. Judgment, in case person sum- SECTION 9. Effect of death of one of two or more plaintiffs or defendants, when suggested. SECTION 1. All actions and appeals shall be entered in the supreme court and court of common pleas, on the first or second days of the term, and not afterwards, without special leave of the court. SEC. 2. Such leave may be granted in case the party whose duty it was to enter the action or appeal was prevented from so doing by accident, mistake, or misfortune. SEC. 3. No action or appeal shall be deemed to be entered, until the necessary papers are filed with, and the legal entry paid to the clerk. SEC. 4. No summons, writ, declaration, return, process, judgment, or other proceeding in civil causes, in any of the courts, shall be abated, arrested, quashed, or reversed for any defect or want of form; but the courts respectively shall proceed and give judgment according as the right of the cause and matter in law shall appear unto them, without regarding any imperfections, defects, or want of form in such writ, declaration, or other pleadings, return, process, judgment, or proceeding whatsoever. SEC. 5. The courts, respectively shall and may, from time to time, amend all and every such imperfections, defects, and want of form, and may, at any time, permit either of the parties to amend any defect in the process or pleadings, upon such conditions as such courts respectively shall, in their discretion, or by general rule, prescribe. SEC. 6. If any writ or process shall be brought against any trading or manufacturing company, not incorporated, which shall not be served on all the partners, or in which the name of any partner shall be omitted, the court, on motion of any person, party thereto, may, and in case the same be pleaded shall, issue a summons to the partner omitted or not served, if within this state; such motion or plea being accompanied with an affidavit of the person making the same. SEC. 7. Such omitted partner, being served with such summons twenty days at least before trial, shall be deemed to be a party to the suit, to all intents and purposes, and the writ and declaration shall be amended accordingly; and such partner may file his plea in said action at any time within said twenty days, or after that time, by leave of court, upon cause shown. SEC. 8. If it shall be found that the party summoned was not a partner with the original defendants, the court shall render judgment against the party summoning him, in favor of such party for his costs, and in favor of the plaintiff against the original defendants for the damages or debts proved, with costs, unless such party summoned was made party on motion of the plaintiff; in which case judgment shall be rendered in favor of all the defendants for their costs against the plaintiff. SEC. 9. If there shall in any case be two or more plaintiffs or defendants, and one or more of them shall die, if the cause of action shall survive to the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants, the writ or action shall not be thereby abated, but such death being suggested upon the record, the action |