affirmation to have been in his possession on the day of service of the process upon him, he shall be discharged from ati further process or proceedings; and the funds so delivered up, shall be disposed of in such manner as the court may direct, to be applied to the payment of the judgment, interest and costs upon which the attachment issued, as well as the costs that may have accrued upon the attachment.

Costs ainst de fendant

Sec. 7. That no judgment upon attachment, shall be ret No judgment for dered for costs against the person summoned; and when the debt from the person summoned, to the bank or banker, is not due until a future day, the time of payment shall be specified in the judgment, and no execution shall issue until after that day: in every other respect execution shall be had upon such judg ment, as in other cases.

Sec. 8. That for all moneys paid on an attachment under Debtor to have this act, the debtor or debtors paying the same, shall have cre credit with b'uks for money pata dit against the bank or banker to whom the same was due, for the amount; and if any overplus shall remain in the hands of the officer, after the payment of the original debt, interest and costs, and all the costs of the attachment, it shall be paid over to such bank or banker, or their order: and if a sufficient sum to satisfy the whole debt and costs as aforesaid, shall not be made on a writ of attachment, an alias writ of attachment may issue, upon which the proceedings shall be the same as on the first writ.

Sec. 9. That when any sum of money due and owing to Indorsed note any bank or banker, shall be secured by indorsement on the may be jointly bill, note or obligation for the same, it shall be lawful for such sued, &c. bark or banker to bring a joint action against all the drawers or indorsers; in which action, the plaintiff or plaintiffs may declare against the defendouts for money lent and advanced, and may obtain a joint judgment and execution for the amount found to be due; and each defendant may make the same se. parate defence against such action, either by plea or upon trial, that he could have made against a separate action: and if in the case herein provided for, the bank or banker shall institute separate actions against the drawers and indorsers, such bank or banker shall recover no costs: Provided always, That in all Proviso suits or actions prosecuted by a bank or banker, or persons claiming as their assignees, or under them, in any way for their benefit, the sheriff. upon any execution in his hauds in favor of such bank or banker, their or his assignee as aforesaid, shall receive the note or notes of such bank or banker, from the defendant, in discharge of the judgment: and if such bark or banker, their or his assignee, or other person suing in trust for the use of such bank or banker, shall refuse to receive such notes from the sheriff, the sheriff shall not be liable to any proceedings whatever, at the suit, or upon the complaint, of the bank or banker, their or his assignee, as aforesaid.

Sec. 10. That it shall not be lawful for any bank or banker

Banks not to is within this State, to issue notes or bills payable at a future day, sue bills payable and all notes or bills issued by any bank or banker within this State, shall be taken and held to be payable on demand, notwithstanding any day of payment be expressed in the body of the

at a future day

When

on ccase

notes shall

same.

Sec. 11. That when any bank or banker shall commence and interest continue to redeem their notes or bills with lawful money, the interest on their notes or bills shall cease from the commercement of such redemption, by their giving six weeks' previous notice, in some newspaper having a general circulation to the County where such bank or banker transacts banking business, of the time they intend to redeem their notes or bills with lawful money.

Jevari facias

may issue

Sec. 12. That any plaintiff who shall have recovered judg Fieri facias, et ment against any bank or banker as aforesaid, may, at his election, sue out on such judgment, while the whole or any part thereof remains unpaid, a writ or writs of fieri facias et levari facias, by virtue of which it is hereby made the duty of the offcer to whom the-ame is directed, to levy on the goods and chattels of such bank or banker, body politic or corporate, and to sell the same as in other cases, on execution: and if goods and chattels cannot be found sufficient to satisfy such judgment or judgments, after disposing of what may be found, in the manner aforesaid, it shall be the further duty of the said officer to levy on the lands, tenements or hereditaments, which such bank or banker, body politic or corporate, may hold by deed in fee simple, deed of trust, or mortgage deed of conveyance, or by title bond, or any other assurance whatever, and to sell the same under the restrictions and limitations hereinafter mentioned; and upon the receipt of the purchase money, to make to the purchaser or purchasers a deed, assignment, or transfer in writing therefor, therein and thereby conveying to him, her or them, all the right, title, interest and estate, which such bank or banker, body politic or corporate, had in or to the property sold, at the time the same was levied upon in manner aforesaid: and such purchaser or purchasers, after such sale, may pursue the usual legal means to foreclose the mortgage, or collert the amount due on such deed of trust, or mortgage deed of conveyance, or to reduce to possession such other estate, whether legal or equitable, as such bank or banker, body politic or corporate, might or could do, had such property not been sold.

Hands in trust

Sec. 13. That when any person shall hold any lands, tene ments or hereditaments, by deed, in fee simple, deed of trust, or the banks may mortgage deed of conveyance; or by lease or title bond, or any be levied upon other title or assurance whatever, in trust and for the use of such

bank or banker, body politic or corporate, whether such trust be expressed in the deed or not; it is hereby made the duty of the officer holding a writ of fieri facias et levari facias against such bank or banker, body politic or corporate, after disposing of what goods and chattels may be found, in manner aforesaid, to

levy on the lands, tenements and hereditaments so held by such person or persons in manner aforesaid, in trust and for the use of such bank or banker, body politic or corporate, and to sell the same, under the restrictions and limitations hereinafter mentioned; and upon the receipt of the purchase money, to make to the purchaser a deed, therein and thereby conveying to him all the right, title, interest and estate, which such bank or banker had in or to the property sold, at the time the same was levied upon, in manner and form aforesaid: and it is hereby made the duty of the person holding such lands, tenements and hereditaments, in trust, and for the use of such bank or banker, body politic or corporate, to make to the purchaser a deed upon demand, for the property sold, therein and thereby conveying to him all the estate such person had in the property at the time the same was levied upon, in manner aforesaid; and the equitable interest of such bank or banker, body politic or corporate, to the property so sold, shall forever after be extinguished.

port

Sec. 14. That when any lands, tenements or hereditaments, Officer to sell” held by such bank or banker, body politic or corporate, by deed ands after res of trust, or mortgage deed of conveyance, lease, title bond, or any other assurance whatever, are levied upon, in the manner pointed out in the eleventh section of this act; or when any lands, tenements or hereditaments, held by any person by deed of trust, or mortgage deed of conveyance, title bond, or any other assurance whatever, in trust, and for the use of such bank or banker, body politic or corporate, whether the trust be expressed in the deed or not, and levied upon in the manner pointed out in the twelfth section of this act, the officer who made the levy shall immediately thereafter appoint three judicious and disinterested men of his county, whose duty it shall be, under oath, to ascertain as nearly as practicable, the amount due on such deed of trust, or mortgage deed of conveyance: and for that purpose they may examine any books or papers that they may think ne cessary; and may also examine the mortgagor or grantor, and such other witness or witnesses as they may think necessary, under oath, which oath any one of them are hereby authorized to administer, touching the amount due on such deed of trust, or mortgage deed of conveyance, and to report in writing to said officer, under their hands and seals, within six days after their appointment, the amount they found due and owing on such deed of trust, or mortgage deed of conveyance; and upon such report being made to said officer, he shall advertise and sell said property, as nearly as may be, in the same manner pointed out for the sale of real estate, under the provisions of the act, entitled "An act regulating judgments and executions."

value

Sec. 15. That when any lands, tenements or hereditaments Must sell for twp shall be taken in execution as aforesaid, which are or shall be thirds appraised mortgaged, or conveyed by deed of trust, or be held by any other title or assurance whatever, to secure a sum greater than the value thereof, the interest of the mortgagee or trustee in

arately and be 30 sold

such lands, tenements or hereditaments, shall not be sold for less than two thirds of the appraised value thereof; and when such lands, tenements or hereditaments, are or shall be mortgaged, or conveyed by deed of trust, or any other title or assurance whatever, to secure a sum not exceeding the value thereof, the same shall not be sold for less than two thirds of the sum which shall be due on such mortgage deed, or deed of trust, on the day of sale.

Sec. 16. That where more than one tract of land is incluTracts of land to ded in the deed of trust, or mortgage deed of conveyance, or be appraised seo held by title bond, or any other assurance whatever, it is hereby made the duty of the officer to whom any writ or writs of execution may be directed, after having ascertained the amount due on such deed of trust, or mortgage deed of conveyance, or any other title or assurance whatever, in the manner hereinbefore directed, or when the amount due has been heretofore ascertained, to summon an inquest of five judicious and disinterested men of his county, whose duty it shall be to appraise, under oath, each tract of land contained in said deed of trust, or mortgage deed of conveyance, or any other title or assurance, separately, and to report the same in writing to the said officer by whom they were summoned; whose duty it shall be, if the appraised value of such lands shall exceed the sum due on such mortgage deed, or deed of trust, or any other title or assurance, to apportion the amount found due on such deed of trust, or mortgage deed of conveyance, or other title or assurance, among the several tracts of land specified in such deed of trust, or mortgage deed of conveyance, or other title or assurance, in just proportion to their appraised value; and after having advertised and made known the time and place of sale, in manner aforesaid, to proceed and sell each tract of land contained in such deed of trust, or mortgage deed of conveyance, or other title or assurance, separately, for no less than two thirds of the amount apportioned to the same in manner aforesaid: and each of the tracts of land so sold as aforesaid, shall Grantor in deed be liable to be redeemed by the grantor in the deed of trust. or mortgage deed of conveyance, or other title or assurance, by the payment of the amount apportioned to the same, in manner aforesaid, to the purchaser, in the same manner as if the tract had been separately mortgaged or conveyed by deed of trust, or other title or assurance; and the purchaser in like manner shall hold the same, in the same manner as if sepa rately granted in manner aforesaid.

of trust may redcem

judgments, &c.

Sec. 17. That when lands, tenements or hereditaments are Shall be sold as held by any bank or banker, body politic or corporate, in fee by act regulating simple, in the manner pointed out in the eleventh section of this act; or when lands, tenements or hereditaments, are held by any person by deed in fee simple, in trust and for the use of such bank or banker, body politic or corporate, in the manner pointed out in the twelfth section of this act, whether suck

trust be expressed in the deed or not, and are levied upon in the manner aforesaid; the officer levying shall cause the property so levied upon, to be appraised, advertised and sold, in the same manner as real estate is appraised and sold under the provisions of the act regulating judgments and executions.

ty

Sec. 18. That if the person holding lands, tenements or Purchaser may hereditaments, in trust and for the use of such bank or banker, file a bill in equí body politic or corporate, shall refuse or neglect, upon demand, to make to the purchaser, his heirs or legal representatives, a deed in the manner pointed out in the twelfth section of this act; such purchaser, his heirs or legal representatives, may file a bill in equity, to compel a conveyance of the property sold: and if a decree shall be rendered in favor of the purchaser, his heirs or legal representatives, it is hereby made the duty of said Damage decreed court rendering such decree, further to decree against the person so refusing, twenty five per centum damage on the whole amount for which such property was sold, and to issue execution therefor, as in other cases in chancery.

punished

Sec. 19. That the court from which the execution issued, Witnesses refuse shall make such allowance to the inquest appointed by said ing to appear, act, for their services, as to them may seem right; and if any person, being summoned to appear before the inquest, to ascertain the amount due on the deed of trust, or mortgage deed of conveyance, shall refuse to appear, or refuse to give testimony before said inquest, it shall be the duty of the inquest to report such person to the next court of common pleas, who are hereby required to punish such person or persons, refusing to appear or to give testimeny, in the same manner that witnesses are punishable in court for like offences: and the clerk of the court of common pleas, when required, shall issue subpoenas for witnesses to appear before said inquest, at the time and place of their meeting; and the sheriff shall serve the same without delay: and the said sheriff, clerk and witnesses shall be allowed the same fees as is provided by law for similar ser vices, to be taxed to, and paid by the defendant or defendants in execution.

both modes in

Sec. 20. That the plaintiff, at any time before his judgment Plaintiff may pro shall be fully satisfied, may proceed thereon in either of the ed in eit er or modes pointed out by this act; and having proceeded in one, this act he shall not be debarred from proceeding in the other, but may at any time proceed in either mode, until such judgment shall be fully satisfied.

court, when pro

Sec. 21. That when any suit shall be brought before any Justices to certijustice of the peace, against any bank or banker, to recovery transcript to money due from such bank or banker, upon notes or bills by cess of fieri facing them issued, for any sum made cognizable before a justice of may issue the peace, and judgment shall be rendered, and execution shall be issued against such bank or banker; if the money shall not be made on the first execution issued, it shall be the duty of the justice, on request, to deliver to the plaintiff or his agent, a