But such property may now be sold by the officer. -St. 1822, ch. 93.

Where two persons build a ship together, and one advances more than his proportion of the expenses, he has no lien upon the ship for the balance, but the interest of the other part owners is liable to attachment by their creditors.-6 Pick. 46-120.

Partnership property is liable to satisfy partnership debts, in the first instance, and the balance, only, is answerable, to satisfy the separate debts of the copartners. (Ante page 36.) But, in case of a dormant partner, an attachment of the stock in the hands of an ostensible partner, in a suit against him alone, has preference to a subsequent attachment of the same goods, by another creditor, in an action against all the partners.-6 Pick. 348.

10. When property, attached, is liable to an attachment by another officer. (Ante page 35.)

When goods are in the actual or constructive possession of an officer, they are not liable to an attachment by any other officer.-5 M. R. 271.

Not even by another deputy of the same sheriff. 13 M. R. 116.

A second deputy, who comes to attach, finding the goods already in legal custody, is bound to deliver his precept to the one who has the goods, and require him to attach. If he do not, he is guilty of a breach of duty, for which he will be responsible.-14 M. R. 270.

This rule results from the general principle, that the possession of the attaching officer must be exclusive; therefore, shares in the stock of incorporated companies, rights in equity of redeeming lands, and all real estates, are liable to be attached by different officers.-16 M. R. 402.

The sheriff, himself, may attach property in the hands of his deputy.-13 M. R. 114.

So may the marshal of the United States, in certain cases.-5 M. R. 271.

So, where goods have been attached by the trustee process, another officer may take the goods by the ordinary process of law, subject to the claim of the creditor upon the trustee process.-16 M. R. 318.

Where an officer has attached goods, and they are subsequently replevied from him, they may be further attached at the suit of any other creditor of the original debtor, by placing his writ in the hands of the officer who made the first attachment.-St. 1822, ch. 110.

In case of his death, or removal from office, the process may be served by any other civil officer, who shall give notice to the first officer, or his representatives, and the goods shall be held to satisfy the executions of the several attaching creditors, in order of their priority, in the same manner as if said goods had remained in the actual possession of the first officer.-Ibid.

Property that has been replevied, cannot be attached in any other manner, than is above specified.-Ibid, sec. 5.

Goods attached upon their importation, by a deputy sheriff, and placed in the custom house store, are not liable to be taken by the marshal for a debt due to the United States. Nor have the United States any lien upon such goods, for debts previously due to them.-5 Pick. 120-6 Pick. 360.

Whenever an officer shall have in his hands any money arising from the sale of any shares in the stock of incorporated companies, rights in equity of redemption, or personal property, more than sufficient to satisfy the execution upon which such property was sold, he shall hold the surplus,

subject to any other process upon which the property has been attached.-St. 1804, ch. 83, sec. 6.

It is essential, that the execution upon such additional attachment, be delivered to the officer making the first attachment, within thirty days after the judgment, and that he have due notice of the same, in writing, before he shall have paid over the surplus to the debtor.-Ibid.

It was determined that this statute was confined to cases where attachments were made by the same offi cer, or by deputies of the same sheriff, and not by different officers, as sheriff and coroner.-5 M. R. 271.

But, by an additional act, such surplus property in the hands of coroners, or constables, is subject to attachment, in the same manner as if in the hands of a sheriff; and when either of said officers shall have made subsequent attachments upon any such property, they shall have the amount of their executions paid over to them by any officer holding such surplus, together with their fees upon the executions. Notice is to be given in writing, and regard is to be had to the priority of attachments.-St. 1819, ch. 87.

11. Of the sale of personal property upon mesne process.

a. By consent of parties.

When personal property is attached upon mesne process, upon one or more writs, if the parties consent in writing, the officer holding said property, shall cause it to be sold, in the same manner, as if such property had been taken on execution; and, after deducting the charges, he shall hold the proceeds to respond any judgments that shall be rendered upon such writs, in the same manner, as if the goods had been sold upon execution.-St. 1822, ch. 93, sec. 1.

b. Upon appraisement.

Whenever live stock, or other property, which may be liable to perish, or waste, and which could not be kept without great and disproportionate expense, shall be attached upon mesne proeess, other than writs from justices of the peace, and the parties do not consent to a sale, before judgment, either of the parties may apply to the attaching officer, to have said property examined, and appraised, of which the officer shall give notice to the opposite party, or his attorney, and an inventory of the property shall be made, enumerating and describing the same, as particularly as the nature of the ease will admit, and three discreet persons, conversant with the nature and value of such goods, shall be chosen and sworn, in the same manner that appraisers of real estate, set off upon execution, are appointed. The appraisers shall forthwith examine the property, and certify whether the same, or any part thereof, is liable to perish, waste, or greatly depreciate in value, by keeping, and whether the same can be kept without great and disproportionate expense; and if the appraisers are of opinion that said property is liable to waste, and that it cannot be kept without great expense, they shall then appraise the same at its cash value, and the officer shall sell the goods, so certified and appraised, and hold the proceeds in the same manner as directed in the first section of the act.-Ibid, sec. 2.

c. How property shall be disposed of after an appraisal.

After the property is appraised, it shall be the duty of the officer, making the attachment, to return it to the debtor, upon a bond in a sufficient penalty, with two sureties made to the sheriff of the county, or to the coroner, or constable, who made the attachment, conditioned to pay the said appraised value to the officer, if demanded within 30 days from the judg

ment, or in 30 days after the creditors shall be entitled to the same, to be applied towards the satisfaction of the executions that may be obtained by the attaching creditors, having regard to priority of attachments. The subsequent creditors shall not have a right to demand satisfaction of their executions, until the prior attachments are satisfied.—Ibid, sec. 3. d. Of the officer's return, and the remedy upon the bonds.

The writs, in these cases, must be returned to the court, together with the said bond accompanying the writ upon which the first attachment was made, which is to be taken as a part of the record of the court.

If the bond is forfeited, the creditors may bring an action of debt, or scire facias, thereon, in the same manner that actions are brought upon Probate bonds, and the same endorsements shall be made upon the writs. No action, or scire facias, shall lie on such bond, unless the same is brought within one year after the cause of action accrues.-Ibid, sec. 4,

e. Of disposing of the proceeds of such sales.

The money remaining in the hands of any officer, shall be liable to be attached, in the same manner as if the property had not been sold, and the same shall be held for the space of thirty days, next after the judgment upon any such suit; and if the said money is not so appropriated, at the expiration of thirty days after final judgment in all the suits in which said property or money is attached, it shall be the duty of the officer to return the same to the defendant.-Ibid, sec. 5-St. 1804, ch. 83-1819, ch. 87.

The statute makes no provision for any expense attending the transaction; in case a sale is adjudged necessary by the appraisers, it probably would be considered a lien upon the property; should they adjudge otherwise, the cost should be borne by the person making the application.