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CONTENTS.

PAGE 15

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notes.

(r) Decision.

is) What constitutes a promissory

note.

on

(1) May serve an execution for one

hundred dollars and costs.

(m) Duty and authority in levying

executions coextensive with that

of sheriffs.
(11) May attach property of a non-

resident.
(0) Must be an inhabitant of the

town in which he is elected.
(P) How chosen.

5. Authority and duty of warden in

serving process,

(1) Service by deputy valid.
(r) Acts of an ofiicer de facto when

valid.
(s) Who is an officer de facto.
6. Constables may serve certain writs

in any town in the county.
7. Aid may be required by an officer.

Penalty for refusing.

8. When service commenced by one

officer may be completed by an-

other.

9. Copy of writ to be delivered to de-

fendant on request. Penalty.

10. Penalty for neglecting to pay mon.

ey collected.
(1) By whom demand must be
made.

(1) Demand must be alleged to sus- (2) Declarations by and against sur

tain an action on a note payable viving parties, executors and ad.

on demand, in the alternative.

ministrators, how made.

(u) A note payable in specific arti. (a) Declarations in debt on judg-

cles not suable in the name of the

ment.

assignee.

(6) Dec arations in trespass.

(v) A note signed by two or more (c) What constitutes trespass on

contains a joint promise by all. personal property.

W) Declarations on debt on simple 9. Indorsement of writ. (ment.

contracts.

(d) What is a sufficient indorse-

(2) Declarations on debt on bonds. (e) Same.

ly) Declaration if bond is lost or 10. When new indorser may be re-

destroyed.

quired.

CHAPTER IV.

WHO MAY SERVE WRITS.

1. Duty of sheriff and deputies to serve

writs and precepts.

(a) Deputy may serve on a bank in

which he is a stockholder.

(6) The word “precept” includes

executions.
(c) Sheriff cannot serve an execu-

tion on his deputy.
(d) Sheriff cannot serve a writ on

his deputy.

2. Duty and liability of sheriffs and

deputies on ceasing to hold office.

8 Duty of coroners to serve writs and

precepts.
(e) Signification of word "party."
V) Authority of coroners to serve

writs and precepts is special.
(9) A coroner may be also a deputy-
sheriff.

(deputy.

3. (a) Deputy may serve on another

4. Authority and duty of constable in

serving process.

(h) Municipal officer's signature on

bond not necessary for his pres-

ervation.

(i) May serve process on any one

in his town.
(1) May serve process to obtain

damages for flowing lands.

(k) May serve a writ not directed

to him.

CHAPTER V.

OF THE SERVICE OF WRITS, AND OTHER PROCESSES.

1. Separate summons to be left when

attachment is made.

2. Of justice writs.

(a) Time, how computed.
8. Of original summons.
(1) Capias or attachment against

one defendant.

(c) Against two defendants.

(d) Delivery of summons.

(e) One on an agent of resident

temporarily absent, invalid.

(f) Must be according to precept.
g) Defects in service, how cured.

4. On a county, town, or other corpo-

rations.

5. On non-residents.
6. In cross actions against non-resi.

dents, service on plaintiff's attor-

ney sufficient.
7. On non-resident insurance compa.

nies.

8. Want or defect of service, bow

cured.

(h) Where made.

9. When made.

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on judg.

-y be re-

1. What personal property may be at- (v) Officer must substantially com-

tached.

ply with the statute.

2. Hay, horses, and neat-cattle attach- 17. Right by priority in case of sale

ed, and security taken for safe- preserved.
keeping, not subject to a second at- 18. Property attached may be replev-
tachment to the prejudice of first. ied in ten days after notice.
(a) Taking security does not dis- 19. How property of part-owners at-

solve attachment, except alterna- tached may be disposed of.
tive receipt.

(w) Of property owned by tenants
(6) How such attachment may be in common.
preserved.

(x) Of a copartner's share.
(c) Verbal promise does not con- 20. Lien of part-owner on the property
stitute “security.”

on discharging attachment.

3. Of bulky articles, how preserved. 21. Of property mortgaged or pledged.

(d) Statute certificate necessary. (y) of property prior to statuto

(e) No constructive possession of 1859, c. 114.

goods attached.

22. Claimant to give officer 48 hours'

4. Of property in different counties. notice before bringing an action.
5. Of shares in a corporation.

23. Officer to give claimant notice of
6. Of the franchise of a corporation,

attachment. How claimant may

7. Of shares in aqueduct corporation.

waive his right.

() What shall constitute an at- 24. Disposition of proceeds if creditor

tachment.

redeems.

(g) Of mill logs. [in a mill. 25. Disposal of attached property on

(h) Of saw-mill gear, hoops, &c.,

death of officer.

(i) How preserved.

26. Such property replevied, liable to

Of wood.

further attachments. Liability of

What demands are secured by plaintiff in replevin.

attachment.

27. If attaching officer dies or is re-

(1) When a second attachment will moved, property attached liable to

be valid against the first.

further attachment.

(m) Not valid, when made by 28. Limitation of right of attachment.

breaking the outer door of a 29. Not dissolved by death of debtor,

dwelling-house.

unless estate is decreed insolvent.

(n) What property an officer ac- 30. Officer liable for proceeds if he has

quires in goods attached.

sold property before demand.

8. Personal property attached may be 31. After death of defendant, officer to

sold by consent.

allow appraisement.

(0) If sold without consent. 31. (a) Execution issues where.

(P) Payment of proceeds to cred- 32. An action by an officer for taking

itor's attorney is payment to from him personal property, at.

creditor.

tached, does not abate by death of

9. Appraisal of attached living ani-

either party.

mals, or goods liable to perish. 33. On death of an officer, the party in
(q) What may be appraised.

interest may prosecute or defend.

(r) Same.

34. Of real estate.

10. Proceedings in appraisal.

(2) What is an attachable inter-

(8) A sale before four days unau-

(a) Saine.

thorized.

(6) Same.

11. Appraisers to be sworn. Property

(c) Same.

to be appraised at its cash value.

(d) Same.

12. Property to be delivered to debtor

(e) Same.
on his depositing money with, or 35. Of equities of redemption.
giving bond to officer.

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Lest in.

37

(5) When such attachment suffi-
(t) An offer to have an appraisal

cient to sustain a levy upon the
insufficient.

estate in fee.
(u) A vessel on the stocks may be 36. Of real estate not valid unless de-
restored to debtor.

mand is set forth in proper counts,
13. Proceedings, if bond is forfeited.

and return is made to register of
14. Interest of creditors in the suit.

deeds. Duty of register.

15. Proceedings, if property is not de-

(9) Decisions.

livered to debtor.

(h) Same.

16. Proceeds of property liable to fur-

(i) Saine.
ther attachment.

Officer's return must be attested

?r corpo-

non-resi.
f's attor

e compa .

ice, how

(k) Why specifications are re- 43. Interest of widow and children in

quired.

exempted homestead.

37. When a right to redeem is attached 44. Settler's lot, to the value of $1000,

plaintiff may redeem.

exempt.

38. Plaintiff entitled to a statement of 45. Descends to children free from
amount due on demand.

debt till youngest is eighteen years
(l) Property exempt from, on gen- old.
eral principles.

46. Burying-grounds exempt.

(m) Same.

47. Private burying-grounds exempt.

(n) Same.

48. Attachments continue thirty days.

39 Statute exemptions.

Exceptions.

(0) Cloth for a coat, cut out, ex- (6) How dissolved.

cmpt.

(c) Same.

(P) Corn and grain of a person 49. Dissolved by final judgment, and
with no family, not exempt.

in other ways.
(9) Oats not exempt.

(d) By amendment of the writ.
() Exemption of tools a privilege le) By the oficer's taking a receipt,
which may be waived.

with an alternative clause.

(s) Mill-saw not a “ tool.”

50. Register of deeds to note the disso-

(0) Neither is a peg machine.

lution of an attachment on margin
(u) Tools not liable to attachment of record, on certificate of clerk of

by a temporary suspending the courts.
exercise of a trade.

(5) Dissolved otherwise than as

(v) Violin and bow of a musician provided by statute.

exempt.

51. Debtor may petition any justice of

(W) A bull used for work, exempt. the S. J. C. for valuation and re-

When right to elect is waived. lease.

(x) Ilay.

52. Debtor to give bond to plaintiff.

(y) Exemption statute applies to a Conditions of.

debtor temporarily within the 53. Petition and proceedings to be filed

State.

in clerk's ofiice.

(2) Liability of officer in attaching 54. Petition, proceedings, and certifi-
exempted property.

cate of clerk being recorded, va-

40. Homesteads exempt.

cates attachment.

41. Proceedings to procure such ex- 55. Attachment of personal property.
emption.

how vacated.

(a) Decision.

56. Foreign attachments, how vacated.

42. Proceedings when value is greater

than $500.

CHAPTER VII.

ARREST.

(1) How made.

9. Of a debtor about to leave the State,

1. When it may be made.

(i) The oath and certificate.

2. Electors exempt from, on election (j) Form of certificate.

days.

10. Disclosure, how made.

3. No process to be served on Lord's (2) Duty of officer to detain debtor

day

until discharged.

(c) Detention for the purpose of 11. Notice of disclosure to be given to

arrest unlawful.

plaintiff.

(d) Where made.

12. Justices may adjourn.

(e) Same.

13. Mode of making disclosure.

(J') Who may be arrested.

14. Lien on property disclosed, how

(g) Ambassadors, foreign minis- preserved.

ters, and their servants exempt. 15. Persons arrested may give bond to

4. Electors exempt from, on election disclose in a certain time after

days.

judgment.

(1) Parties to a suit, witnesses, and (1) Bond may be given in actions
jurors exempt.

of assumpsit or tort.
6. Sheriffs exempt.

(m) When bond is void.
6. Executors and administrators ex- (n) Same.
empt.

(0) If plaintiff dies within thirty

7. Married women exempt.

days after judgment, defendant

8. On what process a person may be

may disclose when.

arrested.

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