against the complainant in cases when the party complained against does not appear at the trial. (Sec. 10 of R. S.)

SECT. 11. The complainant of any forcible entry and detainer, as aforesaid, who shall recover against the person complained of, as aforesaid, shall have right to recover treble damages, with cost of suit, by an action of trespass against the offender, to be brought for that purpose. (Sec. 11 of R. S.)

SECT. 12. Nothing in the preceding sections shall be construed to extend to any person, who shall have had the peaceable and uninterrupted occupation of any lands, or other possessions, for three years next before the entering such complaint. (Sec. 12 of R. S.)

SECT. 13. When any person wrongfully, and without force, shall obtain or continue in possession of any lands or tenements, and, after demand made in writing for the delivery of the possession thereof, by the person entitled to such possession, or his agent or attorney, shall refuse or neglect to quit such possession; upon complaint thereof, in writing, to two justices of the peace, one of whom shall be a judge of the county court, the said justices shall proceed to hear, try and determine the same in like manner as in cases of forcible entry and detainer, and issue a writ of restitution accordingly. (Sec. 13 of R. S.)

SECT. 14. The preceding section shall not be construed to apply to any case where a person, with or without force, holds over any lands or tenements after the determination of the time for which the same were leased or demised, by a written lease or agreement, accepted by the tenant, or to any person holding under the lessee. (Sec. 14 of R. S.)

SECT. 15. When any person shall wilfully, and with or without force, hold over any lands or tenements, after the determination of the time for which they were demised or let to him, or to the person under whom he claims, by a written lease or agreement, and, after demand made, in writing, for the delivery of the possession, by the person entitled to the same, his agent or attorney, shall refuse or neglect to quit such possession, upon complaint thereof, in writing, to any justice of the same county, such justice, by a jury of six men, empannelled in the same manner as juries are by law empannelled to attend justice's courts, shall proceed to hear, try and determine the same, in like manner as in cases of forcible entry and detainer, and issue a writ of restitution accordingly. (Sec. 15 of R. S.)

SECT. 16. In the cases specified in the thirteenth and fifteenth sections, the original process shall be by summons or attachment, as in civil suits, and the person complained against shall not be liable to be fined. (Sec. 16 of R. S.)

SECT. 17. On trial for forcible entry and detainer, as provided in the 41st chapter of the Revised Statutes, (this chap.) there shall be allowed fifty cents for each warrant, one dollar to the judge, one dollar to the justice of the peace, two dollars to the party recovering, and the same fees to the sheriff and jurors, that are now allowed at the county court. (Sec. 1 of No. 9 of 1841.)

SECT. 18. In every suit upon the 15th section of chapter 41, (§ 15 of this chap.) the same fees shall be allowed that are now

taxed before justices of the peace in other civil suits. (Sec. 2 of No. 9 of 1841.)

SECT. 19. Any person, who shall have continued in possession three years after the determination of the time for which the premises were demised or let to him, or those under whom he claims, or any person, who continues in possession three years quietly and peaceably by disseisin, shall not be subject to the provisions of this chapter. (Sec. 17 of R. S.)

SECT. 20. The complainant shall have right to an action of trespass, against the person complained of, and who, on trial, shall be found guilty, to recover treble damages from the time of notice given to quit the premises, and, until that time, real damages only. (Sec. 18 of R. S.)

SECT. 21. Either party shall be entitled to an appeal from the judgment of the justices or justice, rendered as aforesaid, to the county court, to be holden in the same county, next after the rendition of such judgment, giving security, as is provided in civil causes appealed from a justice. (Sec. 19 of R. S.)

SECT. 22. The appellee, in all such cases, shall have the same right to an affirmance of the judgment, in case the appellant neglects to enter his appeal, that is provided in civil causes appealed from justices. (Sec. 20 of R. S.)

SECT. 23. When the lessee of any lands or tenements, whether the same be by writing or parol, or when any person holding under such lessee, shall hold possession of said demised premises, without right after the determination of the lease, by its own limitation, the person entitled to the premises may be restored to the possession thereof in the manner hereinafter provided. (Sec. 1 of No. 39 of 1842.)

SECT. 24. The person entitled to the possession of the premises may have, from any justice of the peace who may judge between the parties, a writ in the form usual for an original summons (see § 29) in common civil actions before justices of the peace, in which the defendant shall be summoned to answer to the complaint of the plaintiff, for that the defendant is in the possession of the lands or tenements in question, (describing them,) which he holds unlawfully and against the right of the plaintiff, as it is said, and no other declaration shall be required; and either party shall have the right to a trial by jury, which jury shall be drawn and summoned in the same manner as now provided for a jury before a justice of the peace in civil cases. (Sec. 2 of No. 39 of 1842.)

SECT. 25. The writ shall be served in the same manner and the same notice shall be given as in other civil suits before justices of the peace. (Sec. 3 of No. 39 of 1842.)

SECT. 26. If the defendant shall be defaulted, or if on a trial, it shall be proved to the satisfaction of the justice, that the plaintiff is entitled to the possession of the premises, he shall have judgment for the possession thereof and for rents not exceeding thirty dollars, with legal costs, and a writ of possession, in the form prescribed by law, shall issue accordingly. (Sec. 4 of No. 39 of 1842.)

SECT. 27. If the plaintiff shall become nonsuit or shall fail to prove his right to the possession, the defendant shall have judgment

for his cost and may have execution for the same. (Sec. 5 of No. 39 of 1842.)

SECT. 28. Either party may appeal from the judgment of the justice to the next stated or adjourned term of the county court in the same county; and the suit shall therein be conducted in the same manner as is prescribed in cases of appeals from justices of the peace in other civil cases; but if the defendant shall appeal from the judgment of the justice as aforesaid, he shall recognize to the plaintiff with sufficient surety or sureties, not only to enter the action in said county court, but also to pay all rent then due and all intervening rent, damages and costs; and in case of final judgment for the plaintiff, all such rent, damages and cost may be recovered by a writ of scire facias upon the recognizance, or in an action of debt thereon. (Sec. 6 of No. 39 of 1842.)

SECT. 29. An act approved November 9th, 1842, entitled an act in addition to chapter forty-one of the Revised Statutes, (§ 23 to 28 of this chap.) is hereby so altered and amended that the process therein authorized, may issue as an attachment or summons. (No. 19 of 1846.)

SECT. 30. When the lessee of any lands or tenements, whether the same be by writing or parol, or when any person holding under such lease, shall hold possession of said demised premises without right, after the determination of the lease by its own limitation, or after breach of any stipulation contained in the lease by the lessee, or any person holding under him, the person entitled to the possession of the premises may be restored to the possession thereof, in the manner provided by an act entitled "an act in addition to chapter forty-one of the Revised Statutes," approved November 9, 1842, (§ 23 to 28 of this chap.) (Sec. 1 of No. 17 of 1850.)

SECT. 31. In case any such action shall be appealed, the plaintiff shall, if he recovers in the county court the possession of the premises, have judgment also for all rent due up to the time of the rendition of judgment, notwithstanding the same may amount to more than thirty dollars. (Sec. 2 of No. 17 of 1850.)

SECT. 32. Whatever parts of the act approved November 9, 1842, mentioned in the first section of this act, ($ 30 of this chap.) are inconsistent with this, are hereby repealed. (Sec. 3 of No. 17 of 1850.)

CHAPTER 45.

LEVY OF EXECUTIONS.

COMPILED FROM

Chap. 42 of the Revised Statutes, pp. 237-245.

Laws of 1843,

5. Hay, lumber and certain other articles may 37. Equity of redemption may be set off-rights be sold where kept.

of the creditor in such case.

38. If the equity exceeds in value the execution, &c. undivided part may be set off.

39. Rents, issues and profits, &c. may be set off. 40. Officer to give seisin of rents to creditor, and cause the tenant to attorn.

41. If rent uncertain, value to be ascertained. 42. Proceedings where the lease is perpetual,

&c.

43. Creditor in such cases may enforce the payment of rent.

44. Debtor in such case may redeem, &c.

APPOINTMENT OF AGENT.

45. Creditor to appoint an agent on execution, when, &c.

INVALID AND INFORMAL LEVIES.

46. If execution is levied on property not owned by debtor, creditor may have new execution.

47. If creditor turned out such property, no cost allowed.

48. If justice's execution exceeds fourteen dollars, scire facias must be brought before county court.

25. Appraisers to be sworn, &c. Officer to 49.

set out estate, &c.

26. Levy of execution, recorded and returned, shall vest title in creditor.

27. Creditor not to take possession until six
months.

28. Estate may be redeemed in six months.
29. Certificate of redemption recorded defeats

the levy.

30. Justice dead or out of office, county clerk to perform duty.

31. If the estate is not redeemed, creditor may

enter.

32. Debtor remaining in possession, &c. liable for rents-value, how ascertained.

Informal levy, supreme court may issue a new execution.

50. Application in such case, to be made within two years, and notice given.

51. If extent vacated, estate held sixty days. 52. If no petition to vacate is filed within the time, or if the extent is affirmed, it shall

be conclusive.

53. If creditor had possession, not entitled to interest.

54. If new execution is levied on same estate, how appraised.

55. Costs to be taxed in the discretion of the

court.

SECTION 1. When a writ of execution, issued on a judgment rendered by any court in this state, shall be received by an officer, authorized by law to levy and serve the same, it shall be the duty of such officer, without fee, to endorse upon the back thereof the day of the month and year, when he received the same; and if two or more executions shall be delivered to such officer against the same person, that which was first delivered shall be first satisfied. (Sec. 1 of R. S.)

SECT. 2. It shall be the duty of such officer to repair to the debtor's usual place of abode, if within his precinct, and demand of such debtor the sum required to be levied by such execution, with

1

the legal interest thereon, and all legal charges for serving the same. (Sec. 2 of R. S.)

LEVY ON PERSONAL PROPERTY.

SECT. 3. If the debtor shall refuse or neglect to pay and satisfy such execution, with the costs of service, the officer shall levy the same upon the proper goods or chattels of such debtor, or such as shall be shown him by the creditor, and the same shall be safely kept by such officer, at the expense of the debtor, until they shall be sold as hereinafter directed, or the debtor shall otherwise satisfy the execution. (Sec. 3 of R. S.)

SECT. 4. The officer shall forthwith advertise the goods or chattels so taken, by setting up at some public place, in the town where such goods or chattels were taken, a notification, wherein he shall enumerate such goods or chattels, and state the time when the same will be sold at public auction, at such public place, (see § 5) which time shall not be less than fourteen days from the time of setting up such notification. (Sec. 4 of R. S.)

SECT. 5. When an officer, holding an execution, shall levy the same on hay, grain in the straw, potatoes, timber, lumber, brick. lime, coal, charcoal, ashes, machinery used in any shop, mill, or factory, hides in the process of tanning, cord-wood, stone, ore, bark, shingles, hives of bees, or hay scales, he shall forthwith advertise the same for sale, by setting up an advertisement at some public place in the town where such property was taken, in which he shall enumerate such property, and state the time when the same will be sold, either at the place where the same is kept by such officer, or at such public place, which time shall not be less than fourteen days from the time of setting up such advertisement.

So much of section four of chapter forty-two of the Revised Statutes, ($ 4 of this chap.) as is inconsistent with the provisions of this act, is repealed. (No. 2 of 1843.)

SECT. 6. If the debtor shall not satisfy the execution, with all costs and charges thereon, before the time of sale, stated in such notification, the officer shall, at the time and place appointed, sell the same at public auction, to the highest bidder, or such part thereof as shall be sufficient to satisfy the execution, with the legal costs and charges thereon. (Sec. 5 of R. S.)

SECT. 7. The moneys, arising from such sale, shall be applied to the payment of the charges, and the satisfaction of the execution, and the officer shall pay the overplus, if any, to the debtor on demand. (Sec. 6 of R. S.)

SECT. 8. The officer, serving the execution, shall make return thereof, with his doings thereon, particularly describing the goods or chattels, taken and sold, and the sum for which each was sold. (Sec. 7 of R. S.)

SECT. 9. If any such officer shall be guilty of any fraud or collusion, in such sale or return, he shall be liable to pay the party injured, treble damages, for the sum so defrauded, to be recovered by action on the case with costs. (Sec. 8 of R. S.)

SECT. 10. All the goods or chattels, of the debtor, may be taken