ings, above described, as set forth to me as my dower, or full thirds, in the estate of my late husband, N. O., deceased, so far as respects the lots of land and buildings named in this writ: also, received of the said M. T. thirty dollars and forty cents, for my charges and costs awarded to me by the judgment within described. J. O. 7. Return of a writ of partition.-See page 81. By virtue of this writ to me directed, I, P. F. Esq. sheriff of the county aforesaid, on the day of having taken with me I. D. &c. twelve good_and lawful men of my county, in presence of H. F. in the writ aforesaid named, in my proper person, went to the tenements in said writ described, and there by their oaths, (respect being had to the true value of those tenements, with their appurtenances,) the same tenements in partition, I caused to be parted in three equal parts, viz. twelve feet in breadth from north to south, and eighteen feet in length from east to west, of the messuage in the aforesaid writ, specified on the northeast corner thereof, &c. (describing the parts particularly, both of lands and buildings, by length of line and boundaries,) I, the aforesaid sheriff, on the same day of caused A. D. to be delivered and assigned to H. F. in said writ named to be held to him in severalty, according to the form and effect of the writ aforesaid, and as this same writ requires and commands. Which whole third part of the tenements aforesaid in the writ aforesaid, I assigned and delivered to the said H. F. And as to the two remaining parts of the aforesaid tenements in the writ aforesaid specified, belonging to I. F. in the same writ named and in the partition aforesaid to be delivered to him, I certify, that no one on the part of the said I. F. came to receive of me, the aforesaid sheriff, the said two parts, so that those two parts aforesaid to the said I. F. I could not deliver nor assign, as the writ commands and requires. In testimony whereof, as well I, the aforesaid sheriff, as the said twelve jurors, to this return of partition, have put our seals, and signed the same with our hands, on the day and year aforesaid.* P. F. Sheriff, &c. &c. 8. Returns of warrants of distress.-See page 110. a. For a judgment debt due to the commonwealth. warrant to me directed at C. in By virtue of this said county, on the I distrained one horse, the property of the within nam ed J. D. and, on the and at day of day of day of A. D. A. D. at the dwelling-house of E. F. in C. aforesaid, having given notice by posting up notifications at two public places in said C. four days before the said that said horse would then be sold by public vendue at said dwelling-house, I accordingly then and there sold said horse to G. H. the highest bidder therefor, for the sum of day of and, and at on the by virtue of this same warrant, I took three acres of land, the estate of said C. D. situate in said C. bounded, &c. (here describe the bounds) and posted up notifications at two public places in said C. and also at and at two public places in D. a town adjoining to said C. and also at and at two public places in E. another town adjoining to said C. that the said three acres of land would be sold at public vendue to the highest bidder, on the thirty days after the day of posting up such notification as aforesaid, at the dwelling-house of day of in said C. [and also caused an advertisement of the time and place of such sale to be published in the public newspaper called the printed at in said county three weeks successively before the day so appointed for the sale of said three acres of land ;] and on the said at said dwellinghouse, I sold said three acres of land at public ven day of *Note. The writ of partition is not often used in this State; but when the co-tenants are known, it has one advantage over the petition for partition inasmuch, as a petitioner cannot recover his costs, unless the respondent appears and pleads, when it assumes the character of an adversary suit. On the writ of partition, the prevailing party will be entitled to his costs. 6 Dane, 479.-2 M. R. 470. day of and the said due, to L. N. the highest bidder therefor, for the sum of and then and there made, executed, acknowledged, and delivered to him the said L. N. a good and sufficient deed of conveyance thereof And on the there still remaining due on this warrant, the sum of C. D. having no other, or more goods or estate, found within my precinct, for want thereof, by virtue of this same warrant, I took the body of the said C. D. at aforesaid, and him committed to the gaol of this commonwealth, at in said county, and left with the gaoler of said gaol an attested copy of this warrant, and of my proceedings above stated, endorsed thereon.* and at A. D. at b. For a levy upon the real estate of a collector or constable for deficiency in the collection or payment of taxes. By virtue, &c. I took one acre of land situate in D. in said county, and bounded, &c. with a dwelling house thereon, the property of the within named C. D. and gave notice that the same land and dwellinghouse, would, on the day of A. in said D. be sold at public vendue to the highest bidder, by posting up advertisements fourteen days previous to such sale, at two public places in D. aforesaid, where said land and house are situate; and also at and at two public places in E. a town adjacent, to said D. and at and at- two public places in F. another town adjacent to said D. And on the same day of so appointed for the sale of said land and house, at said A., I sold the same land and house at public vendue to L. M. the highest bidder therefor, for the sum of and then and there made, executed, acknowledged, and delivered to the said L. M. a good and sufficient deed of conveyance therefor, as the law directs; and on the day of I paid to the within the sum of being the named treasurer of 66 in * If there be no newspaper printed in the same county, then say, printed at " the courty nearest to where such land lies, there being no such paper printed in the county of (If the real estate taken be of less value than £100, the advertisement in the newspaper may be omitted.) amount then due on said warrant from him the said C. D. and on the same day, I returned to him the said C. D. the sum of being the overplus of the money arising from said sale, after deducting therefrom the said sum so paid to said treasurer, and the charges and fees for executing this warrant. G. H. Sheriff. 9. Return of a justice's warrant. BRISTOL, SS. 18 By virtue of this warrant, I have taken the body of the within named A. B., and have brought him before the within named justice, C. D., Esq. (or before E. F., Esq. one of the justices of the peace for said county,) for the purpose within mentioned; and I have also summoned G. H., J. K., and L. M., the witnesses within named, for their appearance before the said justice, for the purpose within mentioned. Fees. Service, Travel 5 miles, Attending court and keeping the prisoner 12 hours, Summoning 3 witnesses, Travel 9 miles, S. T. Constable of W. 0 30 0 20 075 0 30 0 36 $1 91 Upon a commitment to jail, or the house of correction, the original mittimus must be left with the keep er. 10. Return of a writ of seisin. Plymouth, ss. .1830. By virtue of this writ to me directed, I caused A. B. within named to have full seisin of the messuage within described with the appurtenances in all things as this writ requires and exacts of me to be done, and at the same time received of the said debtor the full amount of damages and costs, contained in this execution, with my fees. N. W. Deputy Sheriff. 11. Writ of habere facias possessionem, with fieri facias and capias, as in Massachusetts. day By virtue of this writ to me directed, on the of I caused the within named A. B. to have full possession of his term within described, with its appurtenances. And to satisfy the damages and costs in this writ contained, I also took and seized one horse, &c. [here describe the sale of the personal property, and the application of the proceeds, as in the case of levying upon personal property in ordinary cases.] N. W. Deputy Sheriff. 12. Return of non est inventus on execution. By virtue of this execution I have made diligent search and could find neither the property nor the body of the within named A. B. within my precinct, and so I return this execution in no part satisfied. No fees. A. B., Deputy Sheriff. 13. Return when personal property is taken and sold. W.- -SS. 18 day of By virtue of this execution, I have taken five cows, the property of the within named A. B., and afterwards, on the same (or next) day, being the I advertised the same for sale, by posting up notifications of the time and place of sale, in two public places in the town of C., in said county, forty-eight hours before the expiration of four days from the time they were so taken, and having safely kept the same, until the expiration of the four days aforesaid, and the within named A. B., having failed to redeem the same within that time, by otherwise satisfying this execution; on the day of at a public ven due, held at the dwelling house of D. E. of C. aforesaid, (addition,) I sold each of the said cows to F. G. of H., in said county, he being the highest bidder therefor, for the sum of to the sum of , amounting in the whole , in full satisfaction of this |