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Sec. 4. When any officer shall attach any goods or chattels on original writ, he shall keep the same in his hands as security to satisfy such judgment as the plaintiff may recover.
Sec. 5. When any officer shall attach on original writ any live animals, or any goods or chattels which are liable to perish or waste, or to be greatly reduced in value by keeping, or which cannot be kept without great and disproportionable expense, the court in which the same may be pending, in term time, or either of the justices of the court before which the suit is commenced, in vacation, or either of the justices of the supreme court, may, on the written application of any person interested in such property, cause the defendant and the attaching creditor to be notified to appear at a time and place appointed for that purpose, to show cause why the same should not be sold ; and if after reasonable notice, no person appears or no sufficient cause to the contrary be shown, the said court or justice may direct the said officer to sell the same, in the manner prescribed by law for selling goods and chattels on execution; and such officer shall hold the proceeds of such sales, after deducting therefrom the necessary charges thereof, as security to satisfy such judgment as the attaching creditor may recover, in the same manner as he held the property itself.
Sec. 6. Whenever final judgment shall be rendered for the plaintiff in any suit in which the writ was served by attachment of real estate, goods and chattels, or stock or shares in any incorporated company, the execution issued on such judgment shall be levied on the property so attached, as soon as may be ; but if the same shall not be so levied before the return day thereof, the property attached shall be discharged of such attachment.
Sec. 7. In all cases when execution shall be levied on any goods or chattels, such goods and chattels shall be kept in the officer's hands and be advertised at least ten days before they shall be exposed and offered for sale, in order that the person who owned such goods or chattels may, if he thinks fit, pay the money due, together with the costs which shall have accrued thereon, and thereupon have his said goods or chattels restored to him again. But in case such owner shall not redeem them as aforesaid, the officer shall sell the same, at public auction, to the highest bidder; and if any overplus shall remain after the debt or damages and costs and charges are paid, the same shall be delivered by the officer to the owner or to any person legally qualified, on his behalf, to receive the same.
Sec. 8. The household furniture and family stores of a
house-keeper shall not be liable to attachment on any warrant of distress or on any other writ, original or judicial: provided the whole, including beds and bedding, do not exceed in value the sum of two hundred dollars ; neither shall the necessary wearing apparel of such house-keeper and his family, nor one cow, nor one hog, nor his working tools necessary for his usual occupation : provided the said tools do not exceed in value the sum of fifty dollars ; neither shall the working tools not exceeding in value the sum of fifty dollars, nor the necessary wearing apparel of any debtor, be liable to distress or attachment. Sec. 9. In case any officer for taxes, or by any warrant
. of distress whatsoever, shall distrain the goods and chattels of any person, he shall proceed in the same manner, and be holden to the same rules, as herein before directed in attachments in civil actions.
Sec. 10. Whenever any original writ shall issue against more than one defendant, the forms afore given may be altered so as to combine both the writ of arrest and the writ of summons; so that the same may be served on one of said defendants by arrest or attachment, and on the other by summons.
Sec. 11. When a writ shall be taken out from any court of common pleas, against any person whose body or personal estate cannot be found within this state, the words - or real estate,” may be added in the writ next to the words 66 goods and chattels :" and the officer to whom the writ is delivered for service shall attach the real estate of the defendant, in the same manner as is directed by law for attaching personal estate ; and the officer, upon attaching any real estate as aforesaid, shall leave a copy of the writ by which the same shall be attached, and of his doings thereon, with the person in possession, and also with the town clerk of the town in which said real estate lies ; but if no person be in possession, then the officer shall set up notifications thereof, in three public places in the town where such real estate lies ; and if the person whose real estate shall be attached as aforesaid shall be absent out of the state at the time of attaching his estate, and shall not return within the same before the time at which such writ is returnable, and shall not answer the suit in which his real estate shall be attached as aforesaid, the court shall continue the same for one term; and the defendant, in such case, shall have a right to answer the same six days previous to the term to which such case shall be continued, and in all cases where real estate shall be attached and the plaintiff shall recover judgment therein, he shall have execution granted
against the real estate attached as aforesaid ; and the officer charged with the service of the execution, if he shall levy the same on such real estate, shall set up notifications of said levy, in three or more public places in the town where said real estate lies, for the space of three months after said levy, and before the same shall be exposed to sale, notifying all persons concerned of the levy and intended sale of said estate, that the owner thereof may have an opportunity to redeem the same ; and he shall also notify said sale, by causing an advertisement thereof to be published, once a week, for the space of three weeks next before the time of such sale, in some newspaper in the county where said estate lies; and if no newspaper be printed therein, then in some one printed in Newport or Providence. But if no person appear to redeem the said estate, then the officer shall sell the same, or so much thereof as shall be sufficient to satisfy the judgment obtained, and the costs and charges, at public auction ; and a deed thereof, by him given, shall vest in the purchaser all the estate, right and interest which the debtor had therein, at the time such estate was attached as aforesaid ; and the surplus of the money that shall arise from the sale of said estate, after satisfying the execution and the costs and charges, shall be lodged in the general treasury for the owner thereof, and be liable to be attached for his other debts. And such sale shall be made under the execution levied thereon, although the return day thereof may have passed. And in all cases when execution shall be issued upon any judgment where real estate was not attached by the officer on the original writ, if no personal estate can be found, nor the debtor's body, the party obtaining judgment may cause execution to be levied on real estate in manner aforesaid.
SEC. 12. The return of any officer that the body of the defendant named in any writ of arrest, served by the attachment of goods and chattels or real estate, cannot be found within his precinct, or within this state, shall be prima facie evidence only, of such fact; which return may be rebutted by other evidence on issue joined upon such fact, in the suit in which such attachment shall be made : provided, however, that such fact shall be deemed and taken to be conclusively proved by a judgment for the plaintiff in said suit, whether the same shall be put in issue therein, or not.
SEC. 13. In all attachments of real estate or goods and chattels, and in all foreign attachments, he who first procures any such attachment to be made for any just debt or damages, shall be entitled to have his said debt or damages satisfied be
fore any other demand for which the same may be attached, or taken by execution, at the suit of any other person ; and all others in order of attachments. And as divers attachments of the same real and personal estate may happen to be made on the same day, the officer who shall make any such attachment, whether of real or person estate, or by service of a copy of a writ on any person or body corporate for attaching any estate in his or their hands, shall be obliged in his return to set forth the time of the day when such attachment was made, to the end that the priority of attachment may be known.
Sec. 14. The following shall be substantially the form of the deed to be given when real estate is attached and sold as aforesaid, viz: To all people to whom these presents shall come,
send greeting : Whereas, an execution against at the suit of was by me the said
day of (here describe the premises,) and whereas on the
all the estate, right, title, interest and property of the said
in the premises aforesaid, were by me the said
sold at public auction, for the satisfaction of the said execution, to who was the highest bidder, for the sum of which the said
hath since well and truly paid me the said
Now know ye, that by force and virtue of the law in such case made and provided, I the said in consideration of the sum of money paid unto me as aforesaid, do, by these presents, bargain, selì, assign and set over unto the said
heirs and assigns forever, all the estate, right, title, interest, property, freehold and inheritance of the said of, in and to the said premises, and appurtenances at the time of the attachment thereof: To have and to hold the said premises and appurtenances to the said
heirs and assigns forever. In witness, &c. Provided, however, that when the attachment shall have been made by original writ, the officer shall insert the time thereof, and vary his deed accordingly.
Sec. 15. Personal estate when mortgaged and in the possession of the mortgagor, and while the same is redeemable, may be attached on mesne process or execution against the mortgagor in the same manner as his other personal estate.
SEC. 16. When the attachment of such mortgaged estate is on mesne process, it may be sold upon the application of the mortgagee or of either of the parties to the suit, in the
same manner as by law provided for the sale of perishable goods and chattels when attached on mesne process.
Sec. 17. Upon any such sale the attaching officer shall first apply so much of the proceeds of the sale as may be necessary to pay the amount for which the said property was mortgaged, with such deduction for interest for the anticipated payment or allowance for damages for such anticipated payment, as may be allowed by the court or judge directing the sale; and the officer shall hold only the balance, for the purposes of the attachment.
SEC. 18. When the attachment of such mortgaged estate is upon execution, it shall be sold as in cases of other attachments on execution; and the proceeds of the sale shall be applied to the payment of the amount due on the mortgage, with the deductions or damages above mentioned, to be ascertained and allowed by the court to which the execution is returnable ; and the balance shall be applied to the payment of the amount due on the execution.
SEC. 19. The plaintiff in any such attachment may redeem the mortgaged estate in the same manner as the mortgagor might have done. And in case of such redemption, the plaintiff shall have the same lien on the property for the amount paid by him, with interest, as the mortgagee had.
Sec. 20. If the mortgage be not redeemed by the plaintiff or sold as before mentioned, before the time of redemption expires, the attachment shall become void.
SEC. 21. When any person shall reside or be absent out of this state, or shall conceal himself therein so that his body cannot be arrested, and when any incorporated company established out of this state, shall be indebted or liable to any person, then the personal estate of such absent or concealed person or foreign corporation, lodged or lying in the hands of their attorney, agent, factor, trustee or debtor, shall be liable to be attached, the plaintiff giving special order therefor on the back of his writ, to answer any just debt or demand ; and
l the serving of any person or body corporate or any member of any firm or copartnership who have such personal estate in their hands, with a copy of a writ taken out against such absent or concealed person or foreign corporation, shall be a good service of said writ. Such writ shall be served by leaving an attested copy thereof with the person hereinafter required to make oath relative to the personal estate of the defendant intended to be attached thereby; and the person, corporation, firm or copartnership so served with a copy, shall be obliged to render an account upon oath, of what estate