resident in the county, and shall be sworn by a justice impartially to appraise such real estate as shall be shown them as the estate of the debtor.

SEC. 3. If the debtor, on due notice, neglect to appoint an appraiser, or in case he does not reside in the county or within twenty miles of the property to be appraised, the officer shall appoint an appraiser for the debtor.

SEC. 4. Notice given to the clerk, treasurer, agent or one of the directors of a corporation, to choose an appraiser for the corporation, ten days before the levy, shall be legal notice to the corporation.

SEC. 5. A levy commenced by the appointment and swearing of one or more of the appraisers, may be completed before the return day of the execution.

SEC. 6. Such appraisers shall set off to the creditor, by metes and bounds, or other distinct description, the real estate appraised by them, or so much as may be necessary in payment of the execution and cost of levying.

SEC. 7. If such real estate is holden jointly or in common with others, the levy shall be made upon the undivided interest of the debtor or a part thereof.

SEC. 8. If such real estate cannot, in the judgment of the appraisers, be divided and set out by metes and bounds without greatly impairing the value of the whole, the levy may be made. upon an undivided interest therein, or by such mode of division as the nature of the property will admit.

SEC. 9. In either of the cases aforesaid, the whole of the property of which part shall be set off, shall be described by metes and bounds or other distinct description.

SEC. 10. If any debtor is seized of a rent or of the income of any real estate, a levy may be made thereon, and the appraisers may set off the same for such term as they judge sufficient to pay the judgment, interest and costs; and the sheriff shall cause the tenant to attorn and become tenant to the creditor; and upon his refusal, shall turn him out of possession and deliver seizin to the creditor to hold for the term aforesaid.

SEC. 11. The officer shall deliver seizin and possession of the property so set off, to the creditor or his attorney, shall make a full return of his proceedings, and cause the execution and return to be recorded at length in the registry of deeds of the county, and returned to the office of the clerk of the court to which it is by law returnable.

SEC. 12. All debtor's interest in such real estate shall pass by the levy as against all persons whatever, if the levy is recorded as aforesaid on or before the return day of the execution; otherwise, only as against the debtor and his heirs until such record is made.

SEC. 13. Such extent shall be void, if, within one year from the return day of the execution, the debtor or any person interested shall pay or tender to the creditor the sum at which such real

estate was appraised, with interest from the time such levy was received for record by the register of deeds.

SEC. 14. The creditor, upon such payment or tender, having his reasonable charges therefor duly tendered to him, shall execute a release to the debtor of his right in such real estate acquired by such levy.

SECTION 1. Rights in equity of redeeming mortgaged real es tate taken on execution, may be sold at public auction, and a valid deed thereof made by the officer to the purchaser; and such execution, with the doings of the officer thereon, shall be returned according to the precept thereof.

SEC. 2. Notice of the time and place of sale shall be given to the debtor or left at his usual place of abode, if he resides in the county or within twenty miles of the property, and a like notice

up at two of the most public places in the town in which the property is situate, thirty days before the sale.

SEC. 3. If the debtor does not reside in the county or within twenty miles of the property, a like notice shall also be published in some newspaper printed in the vicinity, three weeks successively before the sale.

SEC. 4. The levy shall be commenced by posting up notices as aforesaid, and may be completed afterwards, and the sale may be adjourned, not exceeding ten days at a time nor sixty days in the whole, notice of the adjournment being posted up in the same manner as notices of the sale.

SEC. 5. If the debtor shall, within one year after the sale, redeem such right in equity, by paying to the purchaser the purchase

money and any money paid by him to redeem such mortgage in whole or in part, after entry or notice for the purpose of foreclosure, with interest thereon, the sale and deed thereof shall be void.

SEC. 6. On payment, the purchaser, having his reasonable charges therefor duly tendered to him, shall execute a release to the debtor of all right to such estate acquired by or under such sale.

SEC. 7. The deed of the officer making such sale shall briefly state his office, the names of the parties to the action in which the execution issued, and the court and the term at which the judgment was rendered therein, the consideration paid therefor, a description of the premises conveyed and the right of the debtor to redeem the same; and shall contain a covenant that the officer has observed all the requisitions of the law by virtue of which the deed is made.

SEC. 8. No sale upon execution of any greater interest in any real estate than a term of seven years shall be valid, except against the debtor and his heirs, unless the execution and the return shall be recorded in the registry of deeds in the county in which the estate is situate.

SEC. 9. The proceeds of such sale shall be applied to the satisfaction of the executions issuing in the actions in which such estate was attached, in the order of the attachments, and then to the payment of any other execution in the officer's hands, in the order in which they were received, and the residue shall be paid to the debtor.

SEC. 10. The purchaser shall be liable to the debtor, after redemption, for the rents and profits received therefrom over the expenditures made thereon; but such purchaser may pay or tender to the debtor, either before or after action brought, the amount for which he deems himself justly accountable as aforesaid, and costs; and unless the debtor shall recover a greater amount, the defendant shall recover his costs.

SEC. 11. The right of any debtor to receive a conveyance of real estate on performance of any contract, may be taken on execution and sold at auction, and the purchaser shall have a remedy by bill in equity to compel a conveyance.

SEC. 12. The right of any debtor to redeem any right or interest in real estate, may be taken in execution and sold at auction.

SEC. 13. Terms for years may be attached on mesne process, and taken and sold on execution, and in all cases where real estate taken in execution is required to be sold at auction, the proceedings relative to such sale, and the rights of parties thereupon, shall be the same as in cases of the sale of equities in redemption.

SEC. 14. The person having the estate or right of the creditor, purchaser or debtor in any real estate taken in execution, shall be deemed to be, and shall have the rights, privileges and

remedies, in all cases, of the creditor, purchaser or debtor as to all persons having notice of his right; and no act done by or to the original creditor, purchaser or debtor, shall thenceforth be of any validity.

1. Lien not lost by injunction, when. 3. Proceedings, if notice of sale given. 2. Proceedings in case of injunction.

SECTION 1. Whenever the levy of any execution shall be stayed by injunction, the lien and interest of the attaching creditor, existing at the time of such injunction, shall continue and be in full force until the expiration of thirty days after the dissolution of such injunction.

SEC. 2. The proceedings on such levy shall be suspended during the continuance of such injunction, and may be resumed and completed at any time within thirty days after the dissolution thereof, notwithstanding the return day of such execution may have passed; and such execution shall for this purpose remain in full force until such proceedings shall have been completed.

SEC. 3. If the notice of the sale of any property, real or personal, shall have been given on any such execution at the time when the levy thereof shall be stayed by such injunction, notice of the sale of such property on such execution may be given after the dissolution of such injunction, in the same way and manner as is prescribed by law for the sale of personal property on executions, and such sale shall be valid.

SECTION 1. The goods and estate of towns may be taken on execution, and appraised or sold in the same manner as the property of other corporations.

SEC. 2. If no such goods or estate are found, an attested copy of the execution shall be left with one of the selectmen.

SEC. 3. The selectmen, upon such copy being so left, shall pay such execution, or shall assess the inhabitants of such town in a sum sufficient to satisfy the same, and within thirty days thereafter, collect the sum so assessed by a collector by them appointed, and with the money so collected satisfy such execution.

SEC. 4. If the collector to whom any warrant or list of taxes shall be committed under this act, shall neglect to collect and pay over such taxes to the selectmen within thirty days after he shall receive the same, the selectmen may issue an extent against him.

SEC. 5. If such execution shall not be satisfied within sixty days after a copy of such execution is left as aforesaid, such execution may be levied upon the goods and estates of the selectmen, and, if they are insufficient, upon the property of any inhabitant of such town or owner of property situate therein.

SEC. 6. Every person upon whose property an execution against any town has been levied, may, in an action of assumpsit for money paid, recover of such town the sum so levied, and damages and double costs.