- to, inclusive, and left with Samuel Skillings, cashier of said bank, an attested copy of this writ, with an attested copy of this my return indorsed thereon, at four o'clock and ten minutes, P. M., and delivered to said [defendant] a summons for his appearance at court. [Official signature.] [Fees as in No. 24.] 26. On an insurance or express company out of the State. [Name of county], ss., [date]. By virtue of the within writ, I summoned the within-named [defendant company], as within commanded, by delivering to [or leaving at the last and usual place of abode of] Chandler Knapp, the agent of said company, who countersigned the policy of insurance within declared on [or agent or attorney of said company] an attested copy of this writ. [Official signature.] FEES, &c. Frequently a dispute arises concerning the ownership of property commanded to be attached, and a bond of indemnity is required by the attaching officer. The following is a form for 27. A bond of indemnity. Know all men by these presents, that we, Charles Sanborn, as principal, and John Newton and Eben Hinds, as sureties, all of Paris, in the county of Oxford, are held and firmly bound unto [name of officer], of Norway, in said county, in the sum of ― dollars, to the payment whereof we jointly and severally bind ourselves, our heirs, executors, and administrators, firmly by these presents. Sealed with our seals and dated the A. D. —. - day of The condition of this obligation is such, that whereas the said Sanborn has requested the said [officer], sheriff for the said county of Oxford, to attach certain goods and chattels, to wit,— [here enumerate them] as the property of [defendant] on a writ against him and in favor of said Sanborn, returnable to the supreme judicial court next to be holden at Paris, in and for the county of Oxford, on the first Tuesday of December, A. D. —, and disputes may arise in relation to the title to the same. Now, therefore, if the said Sanborn shall save harmless said [officer] from all loss, costs, damage, and expense to which he may be subjected by reason of having attached the same, or of any suit or action which may be brought therefor, then this obligation shall be void; otherwise shall remain in full force. Signed, sealed, and delivered in presence of —. [Signature.] L. S. [Signature.] L. S. [Signature.] L. S. 28. Condition of bond given by claimant of property, to officer for abandonment of property claimed. The condition of this obligation is such, that whereas said sheriff of said county of —, has attached certain goods and chattels, as the property of D. F., upon a writ in favor of A. B. against said D. F. enumerated in the return on said writ, and the said goods and chattels are claimed by said A. M., as his own property. Now if said A. M. shall indemnify and save harmless said from all loss, cost, damage, and expense to which he may be subjected by reason of abandoning said attachment and delivering said goods and chattels to said A. M., or of any suit or action which may be brought against him therefor, then this obligation shall be void. A. M. [L. s.] Instead of an indemnifying bond being given, an agreement in writing may be substituted. This writing may be under seal or not. 29. Form of agreement to indemnify officer. I hereby agree to indemnify and save harmless J. M. B., sheriff for the county of -, from all loss, cost, damage, and expense to which he may be subjected by reason of his attaching, at my request, certain goods and chattels, as the property of D. F., on a writ in my favor against said D. F., returnable to the supreme judicial court, next to be holden at, within and for said county of, on the Tuesday of next, enumerated in his return on said writ, or by reason of any suit or action which may be brought against him therefor. Jan., 18-. A. M. 30. Consent to a sale of property attached, before judgment. To J. M. B., sheriff of the county of We consent and agree that the property attached by you on a writ in favor of P. L., against D. F., may be sold by you at public auction, and the proceeds retained to satisfy the judgment that may be rendered in said suit. Jan., 18 P. L. D. F. The consent may be written on the writ or on the schedule. 31. To J. M. B., sheriff, &c. We hereby consent and agree that the property attached by you, on this writ, may be sold at public auction, and the proceeds applied in satisfaction of the judgment that may be rendered in said suit. Dec. 15, 1870. P. L. D. F. 32. Consent to sale on credit, when all attaching creditors consent. To L. D. S., sheriff, &c. We hereby consent that the property attached by you on writs, in favor of A. B. and C. D. against D. F., may be sold by you at public auction, on a credit of thirty days and good security; and the proceeds applied to the satisfaction of the judgments that may be recovered in said suits. A. B. C. D. D. F. 33. Return of sale by consent. [Name of county], ss., December 15, 1870. By virtue of the within writ, I attached, as the property of the within-named [defendant], one pair of oxen, valued at one hun dred and sixty dollars, and delivered to him a summons for his appearance at court as within directed. And the within-named [creditor and the within-named [debtor] having consented in writing to a sale of said oxen, as by their certificate annexed, I safely kept the said oxen for the space of four days. And on the eighteenth day of said December, I advertised the said oxen to be sold on the 23d of said December, at one o'clock in the afternoon at the Elm House in Norway, in said county, by posting up public notices of the time and place of said sale, one at said Elm House and one at the post-office in said Norway, forty-eight hours at least before the time of said sale; and said oxen not then being redeemed, on the said 23d of December aforesaid, at one o'clock in the afternoon, at the Elm House aforesaid, pursuant to said notice, I sold said oxen by public auction to Samuel Stone, he being the highest bidder therefor, for the sum of one hundred and seventy-two dollars. From which sum I have deducted my fees and charges amounting to — dollars, and hold the net proceeds, being dollars, subject to the attachment. [Signature, &c.] FEES. Service, Travel, 1 mile, .75 .08 -$4.33 Charges, keeping oxen 9 days, $3.50 34. Application for an examination, appraisal, and sale. To L. D. S., sheriff of the county of The personal property attached by you on writs against me in favor of A. B. and C. D., being such as is liable to perish or waste, or to be greatly reduced in value by keeping, or which cannot be kept without great expense, and the parties not consenting to a sale, you are requested to cause the same to be examined and appraised and sold agreeably to the eighty-first chapter of the R. S. And I hereby appoint R. B. an appraiser on my part. Dec. 15, 1870. 35. Notice to appoint an appraiser. To A. B. and C. D. D. F. Application being made to me by D. F. to cause property attached by me on writs in your favor, respectively, against him, to be examined and appraised agreeably to the eighty-first chapter of the R. S., you are notified that an examination and appraisal of the property above named will be made at my office on Saturday the 21st day of Dec., 1870, at one o'clock in the afternoon, and you are hereby notified and requested to appoint a disinterested person acquainted with the nature and value of such goods, as an examiner and appraiser on your part. Dec. 15th, 1870. L. D. S., Deputy-sheriff. 36. Appointment of appraiser by creditors. To L. D. S., sheriff, &c. We hereby appoint M. N. an examiner and appraiser of the property attached on writs in our favor, respectively, against D. F. Dec. 16, 1870. 37. Certificate of appraisers' oath. A. B. OXFORD, SS., Dec. 21, 1870. Personally appeared R. B., M. N., and P. Q., and made oath that they would faithfully and impartially discharge their duties as appraisers of the property attached on the 15th inst., on writs in favor of A. B., C. D., and E. F., against D. F. Before me, CHARLES CUMMINGS Justice of the Peace. This oath may be administered by the officer without fee.13 38. Return of sale on examination and appraisal. OXFORD, SS., Dec. 15, 1870. By virtue of the within writ, I attached one pair of oxen, one ox-sled, fifty bushels of potatoes, one harrow, ten bushels rye, as the property of the within-named D. F. [defendant], and delivered to him a summons for his apL. D. S., Sheriff. pearance at court. FEES, &c. The parties in this suit not consenting to the sale of the foregoing property, attached on the within writ, on the 15th inst., the within-named D. F. [defendant] applied to me in writing to have said property examined and appraised, and a sale made thereof, pursuant to R. S. c. 81; whereupon, on the same day, I gave notice thereof to A. B. [creditor], and C. D. and E. F., subsequent attaching creditors of the same property, therein appointing my office in Norway, in said county, and the 21st inst., at one o'clock, afternoon, as the time and place for making such examination and appraisal; and prepared a schedule of said property, and caused three disinterested persons, acquainted with the nature and value of such goods, to be appointed to examine and appraise the same, to wit,-R. B., appointed by the said D. F. [debtor], M. N., by A. B. [creditor], and P. Q., by myself, who, on said 21st inst., after being duly sworn by Charles Cummings, Esq., a justice of the peace in and for said county, faithfully and impartially to discharge their duties as appraisers, examined said property, and made the certificate hereunto annexed.* Thereupon, on the twenty-first day of December, aforesaid, I safely kept the said property for the space of four days after such appraisal, and on the twenty-fifth day of said December, I advertised the said oxen, potatoes, and rye, to be sold on the 28th of said December, at one o'clock in the afternoon, at the Elm House, in Norway, in said county, by posting up public notices of the time and place of said sale, one at said Elm House, and one at the post-office in said Norway, forty-eight hours at least before the time of said sale; and the said ap 13 R. S. c. 81, § 31. praised property not being redeemed, having kept the same safely four days after said appraisal, on this 28th of December, aforesaid, at one o'clock in the afternoon, at the said Elm House, pursuant to said notice, I proceeded to sell the same at public auction to the highest bidders, as follows: 50 bushels potatoes, at 30 cts., to C. J., 10 bushels rye, to S. N., at 90 cts,, to V. N., $15.00 9.00 -$164.00 [or to the highest bidders, for the prices mentioned in the schedule annexed], the whole amount of the proceeds of said sale being $164.00, from which sum I have deducted the lawful charges of sale, being — dollars, and the residue thereof, being dollars, together with the articles certified as not being liable to perish, waste, be greatly reduced in value, or cause great expense in keeping, I hold to satisfy any execution issued on any judgment recovered in the several suits on which said property was attached. All of which more fully appears by the application of the debtor, the schedule of the property, certificate of the oath of the appraisers, and the certificate of the appraisers hereunto annexed, which make part of this return. FEES, &c. 39. Certificate of appraisers. L. D. S., Sheriff. We, the undersigned, disinterested persons, having been first duly sworn, have examined the goods and chattels attached by L. D. S., sheriff of the county of Oxford, on Dec. 15, 1870, in favor of A. B., C. D., and E. F., against D. F., do certify, that in our opinion the following articles so attached are liable to perish, be wasted or be greatly reduced in value by keeping, to wit, fifty bushels of potatoes and ten bushels of rye; and that the following articles, to wit, one pair of oxen, cannot be kept without great expense; and we have appraised the same, estimating them at their value in money as follows: And that the following articles, contained in said schedule and attached as aforesaid are, in our opinion, not liable to perish, be wasted or greatly reduced in value by keeping, and can be kept without great expense, to wit, one ox-sled, $15, and one harrow, $10. [Signatures of appraisers.] 40. Request by the debtor for restoration of property attached. To L. D. S., sheriff of the county of -. You are hereby requested to deliver to me the property attached by you on Dec. 15, 1870, on writs in favor of A. B., C. D., and E. F. against me, the same having been appraised, and I hereby deposit with you dollars, the amount of the appraisal (or, I hereby tender a bond agreeably to R. S. c. 81, § 32). Dec. 29, 1870. D. F. |