If the person claiming the same, for himself or another, shall give bond, with sufficient surety or sureties, to the party seizing, to pay the appraised value thereof, when, and if the same shall be decreed forfeited, then the same shall be restored to such owner or claimant.'

The value shall be ascertained by the appraisement of three disinterested men, mutually chosen by the parties; or if they cannot agree, by a justice of the peace of the county.2

If no person claims the property after it has been so seized, the party seizing shall cause an inventory and appraisement of the same to be made by three disinterested persons, under oath, appointed by a justice of the peace of the county, which value shall be the rule for deciding, where the libel shall be filed."

When the property seized shall not exceed the value of twenty dollars, the party seizing shall, within twenty days after seizure, file a libel before a justice of the peace of the county where the offence was committed, stating the cause of seizure, and praying a decree of forfeiture. The justice is thereupon to make out notice to all persons, to appear before him, to show cause why such decree should not be passed. Such notice must be posted up in two or more public places in the county, seven days at least before the day of trial. And such justice shall, at the time fixed by him for trial, try and decide the cause, and make such decree therein as the law requires.*

Either party may appeal to the next district court for the same county, recognizing as in other cases of appeal.

Depositions, duly taken, may be used in these cases."

2. Of lost goods. Any person finding any money or goods, of the value of three dollars, or more, the owner whereof is unknown, is required, within ten days, to give notice of the same, in writing, to the town clerk of the town in which they are found, and to cause a notification thereof to be posted up in some public place in the same town; and if there be any public crier in the town, he shall also cause the same to be cried publicly therein on three several days."

If the money or goods be of the value of ten dollars, or more, the same is required to be cried, and notice given by posting as above mentioned in two towns adjoining, in addition to ths requirement above.

Every finder of lost goods, of the value of ten dollars or more, shall also, within two months after finding, and before using the same to their disadvantage, procure from the town clerk or a justice of the peace, a warrant directed to two persons, not interested, except as inhabitants of the town, to be appointed by said clerk or justice, returnable within seven days from the date, into the town clerk's office, to appraise the goods under oath.'

If the owner of such lost goods or money appear within one year after notice given to said clerk as aforesaid, and shall give reasonable evidence of his right thereto to the finder, he shall have restitution of the same or the value; allowing and paying all necessary charges, including a reasonable compensation to the finder for his trouble; to be liquidated and adjudged by some justice in the county, if the owner and finder do not agree.

:

If no owner appear, within one year, as aforesaid, such money or goods shall remain to the finder, he paying one half the value, all necessary charges deducted, to the treasurer of the town and in case of the neglect of the finder, then to pay the same on demand, after converting the same to his own use, the same may be recovered in an action, to be brought by said treasurer in the name of the town."

If the finder shall neglect to give notice, and cause the goods to be advertised and cried, he forfeits the value of the goods, one half to the use of the town, and one half to the person sueing for the same; and is besides responsible to the owner for the value of the goods.*

1.

VI. POOR DEBTORS.

Of arrest and disclosure on mesne process. In all actions not founded on contract, or on a judgment on such contract, the original writ or process shall run against the body of the defendant, and he may thereon be arrested and imprisoned, or he may give bail.

No person can be arrested on mesne process, in any suit brought on contract, or in judgment founded on contract, except as follows: Any person, whether a resident within this State or not, may be arrested and held to bail, or committed to prison on mesne process, on any contract, express or implied, when the sum demanded amounts to ten

1R. S. ch. 132, sec. 15.

Ib. sec. 16.

Ib. sec. 17.

4Ib. sec. 18.

5R. S. ch. 148, sec. 9.

dollars, or on a judgment founded on contract, when the debt originally recovered and still remaining due, is ten dollars or more, exclusive of interest on such judgment, when he is about to depart and reside beyond the limits of the State, with property or means exceeding the amount required for his immediate support; provided that the creditor, his agent or attorney, shall make oath before a justice of the peace, to be certified by such justice on such process, that he has reason to believe, and does believe, that such debtor is about to depart and reside, and to take with him property or means as aforesaid; and that the demand in said process, or the principal part thereof, amounting at least to ten dollars, is due him.'

On the arrest or imprisonment of any debtor, by virtue of the provisions last mentioned, he may, on request of the officer or jailor who has him in custody, be taken before two disinterested justices of the peace and quorum, to disclose the actual state of his affairs."

Such justices are to be selected, one by the debtor, one by the creditor, his attorney or agent, if the same can be conveniently done, otherwise by the officer having such debtor in charge, or if he be at large, by the sheriff, or any deputy, constable or coroner, who might legally serve the precept on which he is arrested, as the case may be; and such officer may also select, in case the parties or either of them decline so to do. In case said justices, so selected, do not agree, they may select a third, and a majority shall decide; and if said justices are unable to agree on a third, he may be selected by the officer as before mentioned."

The justices must reside in the town where the disclosure is made, or in an adjoining town.*

The parties will be considered as "declining" to select, when they omit to appear and make selection."

If the creditor neglects, refuses, or unreasonably delays to select, the justice selected by the debtor may adjourn once, if he deems it necessary, but not exceeding twenty four hours, (Sundays excluded,) to enable the debtor to procure the attendance of another justice. It is not necessary that the court should be organized at the precise

hour appointed, or even within an hour thereafter. A liberal construction is given to the statute in this particular.'

When a third justice has been called in to act with the others, he should act until the final decision is made."

When the creditor selects a justice, it is his duty to procure his attendance at the time and place appointed for the disclosure.'

Previous to such disclosure, the debtor must give due notice to the creditor, his agent or attorney, of his intention, and of the time and place for attending to said disclosure; and that such creditor, agent or attorney, may be present and select one of the justices, and be heard thereon; which notice shall not be less than one day for every twenty miles travel, exclusive of Sunday."

If the debtor shall, at the time and place appointed, make to the satisfaction of the justices, a full disclosure of the actual state of his affairs, and of all his estate, property, rights and credits, in possession, expectation or reversion, and answer all proper interrogatories in regard to the same, and shall sign and offer to make oath to the truth of his disclosure and answers, before such justices, they shall administer to him such oath, and may hear such further and proper evidence, ás may be offered upon either side."

The justices shall have power to adjourn, from time to time, if they shall see cause; and if either of them shall not be present at such adjournment, the other may adjourn to another time, but no such adjournment, or adjournments, shall exceed three days in the whole, exclusive of Sunday.

On such examination, the justices may discharge such debtor from arrest and imprisonment, or remand him into the custody of the jailor or other officer, as the case may require; and in case of such discharge, no execution issuing on the judgment in such suit or process, shall run against the body of such debtor."

All attachable property, disclosed by such examination, or so much thereof as the creditor may designate, to satisfy his demand against the debtor, shall be held as attached from the time of such disclosure, and until thirty days after final judgment, as in other cases of attachment.

8

Whenever any person shall be served with an original writ or other mesne process founded on contract or judgment, as before stated, in any other manner than by arrest of the body, such person may, at any time before final judgment, appear before any court or justice, before whom such writ or process may be pending, or before a disinterested commissioner or commissioners, to be appointed by such court or justice, and submit himself to examination; and such court, justice, or commissioner shall, after giving like notice of the time and place of hearing, as has been before stated, then and there proceed to take the disclosure of such person; and the like proceedings shall be had before such court, justice, or commissioner, as is provided, as aforesaid, when they are had before two justices of the peace and quorum, and with like effect.1

On the whole examination, the said court, justice, or commissioner may adjudge and determine, (providing the debtor shall not refuse to assign and deliver property disclosed by him, and which cannot be come at to be attached, as is mentioned on a subsequent page of this division,) that the execution on the judgment, which the plaintiff may recover in such suit, shall run against the property only of the defendant, or otherwise, as justice may require, on the facts so disclosed and proved; and all attachable estate or property so disclosed is, from the time of such disclosure, held attached.2

If the property so disclosed be real estate, the said court, justice or commissioner, as the case may be, shall deliver to the plaintiff a certificate thereof, stating the names of the parties and the amount of the claim in the writ, which the plaintiff shall cause to be filed with the register of deeds for the county or district where the real estate is situated, within five days after the date thereof.

If personal property liable to attachment be disclosed, on application of the plaintiff, stating that he is apprehensive that said property may be removed or concealed, so as to render it impracticable to seize the same on execution, the justice, before whom the suit is pending, may issue an order, under his seal, directing any officer authorized to serve processes in such suit, to take such property into his custody and hold the same, as if originally attached.'

1R. S. ch. 148, sec. 10.

2Ib. sec 11.

Ib. secs. 12, 13.