successively before the day of sale in some public news-paper printed in the county in which such real estate lies, if any such news-paper shall be there printed. And the notifications aforesaid, being given or posted up within the space of thirty days after judgment given, whereon such execution shall issue, the attachment shall hold the equity, attached as aforesaid, until the levy of such execution can be completed in manner hereinafter described. And in case the estate notified for Officer may sale as aforesaid, shall not be disposed of at the time and place adjourn the appointed, the officer shall adjourn the vendue, not exceeding ceeding three three days, and so from time to time until the sale shall be days at once. completed. And the surplus monies (if any there shall be) arising from such sale, beyond satisfying the debt, costs and necessary intervening charges, the officer shall return to the debtor.

sale not ex

redeem.

SECT. 5. Be it further enacted, That all deeds made and The debtor furexecuted as aforesaid, shall be as effectual, to all intents and ther allowed to purpose, to convey the debtor's right in equity aforesaid, to the purchaser, his heirs and assigns, as if the same had been made and executed by such debtor or debtors:

Provided always, That every such debtor shall have liberty to redeem the right in equity so sold, within three years next after the time of executing the deed or deeds Repealedthereof, in manner aforesaid, by paying the sum which may by such sale have been 1815 ch. 137. satisfied on such execution, with the interest thereof, and also such sum, with the interest thereof, as the purchaser may have paid to the mortgagee, his heirs and assigns, 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.

bonds, &c.,

for the whole award execuforfeiture, and tion for so much debt or damage as is due or sustained-and the

judgment to

SECT. 6. Be it further enacted, That when any action In recoveries shall be brought and prosecuted on any bond or other special- on breach of ty, with penalties, for the payment of sums of money, per- court to enformance of covenants, contracts, agreements, matters or ter judgment things to be done at several times, and the plaintiff recover the forfeiture of such penalty, the court shall enter up judgment for the whole of such forfeiture, and award execution only for so much of the debt or damage as is due or sustained at that time, so always that the said judgment shall stand and be a security to the plaintiff, his executors and administrators for any further and after payment or damages he or they may stand as secuhave just right to, by the non-performance or breach of the cov- rity for future enants, contracts, agreements, or things in such bonds or other damages, &c. specialties contained, and who may have a writ or writs of scire facias on said judgment, from such court where the same was obtained, against the defendant, his heirs, executors or administrators, suggesting other and further damages sustained by non-performance or breach of such covenants, contracts, and agreements, and to summon him or them to shew cause why execution should not be awarded upon said judgment for other and further damages, as set forth in the writ, and made out to the court; upon which the court shall proceed as aforesaid, as often as such damage shall accrue, and be sued for as aforesaid ; or may have his action of debt, or on the case, as the case may require, for such payment or damages as aforesaid.

Former laws
repealed.

10W.III. ch.13.

ch. 2. 5

SECT. 7. And be it further enacted, That an Act for hear
ing and determining cases in equity, passed A. D. one thousand
six hundred and ninety-eight, an Act in addition thereto, passed
8 & 9 Geo. II. A. D. one thousand seven hundred and thirty-five, and an Act
in explanation of and further addition to the Act for making
lands and tenements liable to the payment of debts, passed the
same year one thousand seven hundred and thirty-five, be and
they hereby are repealed. Provided nevertheless, That with re-
gard to all suits and causes of suits, and all rights depending,
existing or required, under and by force of said Acts, or any
of them, they shall be considered as in full force. [March 1,
1799.] Further add. acts-1815 ch. 137: 1817 ch. 87: 1818
ch. 98: 1821 ch. 85.

Chap. 78.

Chap. 79.
Chap. 80.
Chap. 81.

1797 ch. 74.

Chap. 82.

Chap. 83.
Chap. 84.
Chap. 85.

An ACT to regulate the taking of the Fish called Alewives, in Monatiquot-River,
in the Town of Braintree. [March 1, 1799.] Add. act-1811 ch. 154. Both
repealed-1817 ch. 151.

An ACT for establishing an Academy in the Town of Framingham, by the name of
Framingham Academy. [March 1, 1799.]

An ACT for changing the name of William Boardman, to that of William Hender-
son Boardman. [March 1, 1799.]

An ACT in addition to, and for the Amendment of an Act, entitled, "An Act to
prevent the Destruction, and to regulate the catching of the Fish called Alewives,
in the rivers and streams in the Town of Falmouth, in the County of Barnsta-
ble." [March 1, 1799.]

An ACT for regulating the Fishery in the Town of Woolwich, in the County of
Lincoln. [March 1, 1799.] Repealed-1799 ch. 68.

An ACT regulating the taking of the Fish called Alewives, in Island-Creek-Brook
(so called) in the Town Duxbury. [March 1, 1799.]

An ACT establishing The Williamstown Turnpike Corporation. [March 1, 1799.]
Add. acts--1799 ch. 27: 1801 ch. 72: 1803 ch. 90.

An ACT for establishing a Corporation by the name of The Fifth Massachusetts
Turnpike Corporation. [March 1, 1799.] Add. acts-1800 ch. 30. 34. 48:
1802 ch. 66: 1803 ch. 23: 1810 ch. 39: 1815 ch. 20.