deem within

the purchaser, his heirs and assigns, as if the same had been made and executed by such debtor or debtors: Provided, Debtor may reThat every such debtor shall have liberty to redeem the one year, payright in equity so sold, within one year next after the time of ing, &c. executing the deed or deeds thereof, in manner aforesaid, by paying the sum which may by such sale have been satisfied on such execution, with the interest thereof, deducting the rents and profits the purchaser or any under him may have received over and above the repairs and betterments made by the purchaser or any under him.

tles to real es

on execution.

SEC. 19. Be it further enacted, That the estate, right, title Possessory ti or interest of any person, owned, holden or claimed in virtue tate may be atof a possession, or improvement as expressed in "An Act for tached and sold the settlement of certain equitable claims arising in real actions," shall be liable to be taken by attachment, on mesne process, and by execution. And when any such right, title, interest or estate shall be seized and sold upon execution, such notice shall be given, and such proceedings had, in every respect, as are required by law, in the sale of an equity of redemption; and the debtor, whose right, title, interest or same manuer estate is so taken and sold, shall have the right of redeeming redemption. the same, within such time, and in such manner, as is provided in cases of sales of equity of redemption.

Redeemable in

as equities of

ficer's hands to

wards paying

tions in bis

plus be attach

SEC. 20. Be it further enacted, That whenever an officer Surplus in of shall have in his hands any money arising from the sale of be applied tothe shares or interest aforesaid, or from the sale of any equi- other execu ty of redemption, or personal property, more than sufficient bands." to satisfy the execution or executions on which such shares or interests, equity of redemption or personal property were taken and sold, such officer shall apply the same surplus money, or such part thereof as may be necessary to the payment of any other execution which he may have in his hands, unsatisfied against the same debtor, or which may be delivered to him before he shall have paid over such surplus money, any thing in this or any other law of this State to the contra ry notwithstanding: Provided however, That if such share or Or if such surinterest, equity of redemption, or personal property, shall, be- ed before sale, fore such sale, have been attached on mesne process, other another execu than that on which such execution shall have issued, or shall tena subjec have been taken on some other execution, and the said offi- thereto. cer is duly notified thereof, he shall hold such surplus monies, subject to such attachment or execution, and shall apply the same to the payment of the execution which may issue on the judgment that may be rendered on such mesne process, and delivered to him within thirty days after the rendition of such judgment, or to the payment of the execution by which such shares or interest, equity of redemption, or personal property had been taken according to the priority in regard to time, of such attachment or taking in execution. SEC, 21. Be it further enacted, That whenever any Sheriff,

or taken on

be held

tachment or

before sale, by

iff on notice

thereof must hold surplus for him.

If second at- or Deputy Sheriff shall make sale of any share or interest seizure be made in an incorporated company, of any right in equity to redeem a Coroner, Sher- mortgaged real estate, or of any personal property, which shall before such sale, have been attached on mesne process, or taken on execution by a Coroner, and such Sheriff, or Deputy Sheriff is duly notified thereof in writing, he shall hold the monies in his hands, arising from such sale, subject to such attachment or execution, in the same manner as if he were authorized to serve the execution which shall have issued, or may issue on such mesne process, or on which said share or interest, equity of redemption, or personal property, may have been taken by said Coroner.

Sheriff, on no

tice to pay over

Coroner, &c.

SEC. 22. Be it further enacted, That said Sheriff or Deputy such surplus to Sheriff, after being notified in writing by said Coroner, of the execution in his the said Coroner's hands, on which said share or interest, equity of redemption, or personal property, shall have been taken, or which issued on the mesne process whereon said share or interest, equity of redemption, or personal property had been attached, of the time of such attachment on mesne process, or taking on execution, and of the whole amount, including fees due on said execution, shall pay over to the said Coroner the amount due on said execution, or so much thereof as shall remain in his hands, after satisfying all executions, in his own hands on which said share or interest, equity of redemption, or personal property had been taken, or which issued on mesne process whereon said share or interest, equity of redemption, or personal property had been attached prior to the time of the attachment on mesne process, or taking on execution as aforesaid, by said Coroner.

In similar cas.

es, coroner to

hold and pay

over surplus to a sheriff.

In similar casés, constable to

hold and then plus to sheriff

pay over sur

or coroner.

SEC. 23. Be it further enacted, That whenever any Coroner shall make sale of such share or interest, equity of redemption, or personal property, which shall before such sale, have been attached on mesne process or taken on execution by a Sheriff or Deputy Sheriff, such Coroner shall be subject to the same duties and requirements, in relation to such Sheriff or Deputy Sheriff, as by the twenty-first and twenty-second sections of this Act, a Sheriff is, in like case subject to, in relation to a Coroner.

SEC. 24. Be it further enacted, That whenever any Constable shall make sale of any such share or interest, equity of redemption, or personal property, which shall before such sale have been attached on mesne process, or taken on execution by a Sheriff or Deputy Sheriff, or by a Coroner, such Constable shall be subject to the same duties and requirements in relation to such Sheriff or Deputy Sheriff, or Coroner as by the twenty-first and twenty-second sections of this Act, a Sheriff is, in like case subject to, in relation to a Coroner. SEC. 25. Be it further enacted, That the shares and interbe attached and ests held by any person or persons in any such company as sold in no other aforesaid, may be attached on mesne process and taken and

Shares held in companies to

this Act pro

sold on execution, in the manner provided by this Act, and manner than no other, any thing in the Act incorporating such company to vides. the contrary notwithstanding.

ties certain

SEC. 26. Be it further enacted, That all proceedings un- In what counder the authority of the second, ninth, tenth, eleventh and proceedings twelfth sections of this Act, may be had in any county in may be bad. which either the creditor, or the President, either of the Directors, the Treasurer or Clerk of said Corporation may re

side or dwell.

ing executions

SEC. 27. Be it further enacted, That when any person Mode of levy shall obtain judgment in any Court within this State, for any on real estate in sum of money, and the person or persons against whom the common cases. judgment is, does not satisfy such judgment, and the creditor can find no personal estate to his acceptance, wherewith to satisfy his execution, and shall think proper to levy his execution upon the debtor's real estate, then the officer to whom the execution is directed and delivered, shall cause three disinterested and discreet men, being freeholders in the county, one to be chosen by the creditor or creditors, one by the debtor or debtors, whose land is to be taken, if they see cause, and a third by the officer; and in case the debtor or debtors shall neglect or refuse to choose as aforesaid, after being duly notified by the officer, if the debtor be living in the county in which such land lies, the officer shall appoint one for such debtor or debtors, to be sworn before one of the Justices of the Peace of the same county, faithfully and impartially to appraise such real estate as shall be shown to them, who shall appraise the same, to satisfy the same execution with all fees, and shall set out such estate by metes and bounds, and the officer shall deliver possession and seizin thereof to the creditor or creditors, his or their attorney, And when the real estate of the debtor or debtors shall be held in joint tenancy, in coparcenary or tenancy in common with the real estate of other persons, then the said officer may extend execution on such debtor or debtors' real estate held as aforesaid, or part thereof, describing the same with as much precision as the nature and situation thereof will admit of, and give the creditor or creditors, his or their attorney, seizin and possession of such debtor or debtors' real estate held as aforesaid, or part thereof, to hold in common with the said other persons which execution being returned with the doings thereon into the months in RegClerk's office, and before such return into the Clerk's office istry of Deeds. or afterwards, and within three months, the same shall be re- of. corded in the Registry of Deeds in the county where the land lies, shall make as good title to such creditor or creditors, his or their heirs and assigns, as the debtor had therein; saving always to widows their dower in all lands taken from their husbands by execution.

Levy to be re corded in three

and effect there

Execution may

SEC. 28. Be it further enacted, That when it so happens in certain cases that the real estate extended upon cannot be divided and set be extended on

its;

rents and prof-out by metes and bounds as before prescribed, or by the description before mentioned, then execution shall be extended upon the rents of such real estate, and the officer shall give seizin thereof to the creditor or creditors, his or their attorney; and also in case of extending execution on rents as Tenant to at aforesaid, shall cause the person in possession and improvement, to attorn and become tenant to such creditor or creditors, and to pay the rent to him or them accordingly; and upon refusal thereof, to turn the person so refusing out of possession and give seizin and possession of the same to the creditor to hold and enjoy the same until it shall be redeemed, as by this Act is provided: Provided always, That in such case it shall and may be lawful for any debtor or debtors, his or their executors, administrators or assigns, at any time before the debt with interest is fully satisfied, to tender and pay to the creditor or the tenant in possession under him, the full remainder of his debt, interest and charges, to be liquidated by three Justices of the Peace, and to recover the possession of the same, in manner provided in this Act.

Right of redemption.

Mode of levying

saw mills, grist mills&e.

SEC. 29. Be it further enacted, That whenever a creditor in Executions on execution, shall think proper to extend and levy the same on any saw mill, grist mill, or other mill, factory, mill privilege, or other real estate, which cannot be divided without prejudice to, or spoiling the whole, and where the whole of such saw mill, grist mill, or other mill, factory, or mill privilege, or other real estate, is not necessary for the satisfying of such execution, the same may be extended and levied in manner before prescribed, upon the same, or upon any undivided part thereof, which shall be sufficient to satisfy such execution; and in case the estate is so situated that the same cannot be set off by metes and bounds, the return upon the execution shall describe the whole estate, with as much precision as the nature of the case will admit; which execution being returned and recorded, in manner before prescribed, shall vest in such creditor in execution, as good and valid a title thereto as the debtor had therein, when the same was attached on mesne process, or taken in execution.

Debtor may re

tate taken on

in one year, paying, &c.

SEC. 30. Be it further enacted, That when any tenement or deem real es lands in part or in whole, shall be taken in execution for debt, execution with it shall and may be lawful to and for the execution debtor, his heirs or assigns, executors or administrators, within the space of one year next following the extending execution thereon, to tender the creditor or those claiming under him, the debt for which the same tenement was taken, with interest from the time of the extending the execution, and the reasonable and necessary charges and disbursements laid out and expended thereon in repairing or bettering the same, over and above what the rents, profits and improvements thereof shall fall short of reimbursing such charges and interest, to be accounted for by the execution creditor, or those claiming un

tling amount of

disbursements,

Creditor on re

ment to execute

or of the estate,

der him, which disbursements, expenses, rents, profits and improvements may be settled by any three Justices of the Peace Mode of setin the county where the land lays, at the charge and expense remis, profits. of the debtor, one to be chosen by the debtor, and the other &c. by the creditor, if he shall see cause to choose one, otherwise they may be both chosen by the debtor, and the third by the two Justices so chosen by the parties, or one of them as above directed, and which third shall be chosen before the other two proceed to a consideration of the business; and if the creditor or the tenant in possession as aforesaid, upon having a ceiving paytender made of the sum certified under the hands of the said release to debtJustices chosen as aforesaid, or either two of them, to be due to him upon the execution, shall refuse to execute a good and lawful deed of release to the debtor or his heirs, (in case of his decease,) of the land or tenements so taken in his execution, the debtor or his heirs, executors or administrators who shall ... make such tender, may bring his action of ejectment against the creditor or the person claiming under him; and, upon or be removed lodging in Court the money tendered, shall recover the title from the posses and possession of the land as fully as the debtor held the same ment of Court. before the extending the execution upon it, together with his costs of suit: Provided nevertheless, "That if the creditor, or the tenant in possession under him as aforesaid, shall, before the bringing the action, have offered the debtor or his heirs, executors or adminstrators, to make and execute such deed of release, and shall plead the same with disclaimer to the premises; then and in such case, upon the plaintiff's producing in Court the money so tendered, judgment shall be given for the plaintiff to recover possession of the lands so taken in execution, and the defendant shall recover his cost.

sion by judg

against many.

not satisfied,

SEC. 31. Be it further enacted, That whenever any action Executions shall be commenced against any manufacturing corporation Facturing cor that may hereafter be created, or whenever any execution may portions, if 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 may be renewexecution, the officer to whom such execution may be com cd and satisfied mitted for service, may serve and levy the same writ and ex-dies of any of ecution upon the body or bodies, and real and 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, upor which such writs or executions may have issued.

by taking the

the members of The corporation.