purpose of foreclosure, with interest thereon, the sale and deed thereof shall be void. R. S. 395, § 5; C. S. 502, § 5. § 6. On payment, the purchaser, having his reasonable charges therefor duly tendered to him, shall execute a release to the debtor of all right to such estate acquired by or under such sale. R. S. 395, §6; C. S. 503, § 6. § 7. The deed of the officer making such sale shall briefly state his office, the names of the parties to the action in which the execution issued, and the court and term at which the judgment was rendered therein, the consideration paid therefor, a description of the premises conveyed, and the right of the debtor to redeem the same; and shall contain a covenant that the officer has observed all the requisitions of the law by virtue of which the deed is made. R. S. 395, §7; C. S. 503, § 7. § 8. No sale upon execution of any greater interest in any real estate than a term of seven years, shall be valid except against the debtor and his heirs, unless the execution and the return shall be recorded in the registry of deeds in the county in which the estate is situate. R. S. 395, § 8; C. S. 503, § 8. § 9. The proceeds of such sale shall be applied to the satisfaction of the executions issuing in the actions in which such estate was attached, in the order of the attachments, and then to the payment of any other execution in the officer's hands, in the order in which they were received, and the residue shall be paid to the debtor. R. S. 395, § 9; C. S. 503, §9. § 10. The purchaser shall be liable to the debtor, after redemption, for the rents and profits received therefrom over the expenditures made thereon; but such purchaser may pay or tender to the debtor, either before or after action brought, the amount for which he deems himself justly accountable as aforesaid, and costs; and unless the debtor shall recover a greater amount, the defendant shall recover his costs. R. S. 396, § 10; C. S. 503, § 10. § 11. The right of any debtor to receive a conveyance of real estate on performance of any contract, may be taken on execution and sold at auction, and the purchaser shall have a remedy by bill in equity to compel a conveyance. R. S. 396, §11; C. S. 503, § 11. § 12. The right of any debtor to redeem any right or interest in real estate, may be taken in execution and sold at auction. R. S. 396, § 12; C. S. 503, § 12. § 13. Terms for years may be attached on mesne process, and taken and sold on execution; and in all cases where real estate taken in execution is required to be sold at auction, the proceedings relative to such sale, and the rights of parties thereupon, shall be the same as in cases of the sale of equities of redemption. R. S. 396, § 13; C. S. 503, § 13. §14. The person having the estate or right of the creditor, purchaser or debtor in any real estate taken in execution, shall be deemed to be, and shall have the rights, privileges and remedies, in all cases, of the creditor, purchaser, or debtor, as to all persons having notice of his right; and no act done by or to the original creditor, purchaser or debtor, shall thenceforth be of any validity. R. S. 396, § 14; C. S. 503, § 14. CHAPTER 18. OF LEVIES AND INJUNCTIONS. 1. Lien not lost by injunction, when. 3. Proceedings, if notice of sale be 2. Proceedings in case of injunction. given. § 1. Whenever the levy of any execution shall be stayed by injunction, the lien and interest of the attaching creditor, existing at the time of such injunction, shall continue and be in full force until the expiration of thirty days after the dissolution of such injunction. R. S. 396, ch. 197, §1; C. S. 504, § 1. §2. The proceedings on such levy shall be suspended during the continuance of such injunction, and may be resumed and completed at any time within thirty days after the dissolution thereof, notwithstanding the return day of such execu tion may have passed; and such execution shall for this purpose remain in full force until such proceedings shall have been completed. R. S., 396, § 2; C. S. 504, § 2. §3. If the notice of the sale of any property, real or personal, shall have been given on any such execution at the time when the levy thereof shall be stayed by such injunction, notice of the sale of such property on such execution may be given after the dissolution of such injunction, in the same way and manner as is prescribed by law for the sale of personal property on executions, and such sale shall be valid.R. S. 397, § 3; C. S. 504, §3. CHAPTER 19. OF EXECUTIONS AGAINST TOWNS. 1. Estate of towns, how taken. 2. Copy of execution to be left with selectmen. 3. Selectmen to pay or assess tax. 4. Extent may issue against collector. 6. Contribution, how regulated. §1. The goods and estate of towns may be taken on execution, and appraised or sold in the same manner as the property of other corporations. R. S. ch. 198, §1; C. S. ch. 211, § 1. §2. If no such goods or estate are found, an attested copy of the execution shall be left with one of the selectmen.R. S. 397, § 2; C. S. 505, § 2. §3. The selectmen, upon such copy being so left, shall pay such execution, or shall sess the inhabitants of such town in a sum sufficient to satisfy the same, and within thirty days thereafter collect the sum so assessed, by a collector by them appointed, and with the money so collected satisfy such execution. R. S. 397, § 3; C. S. 505, §3. § 4. If the collector to whom any warrant or list of taxes shall be committed under this act, shall neglect to collect and pay over such taxes to the selectmen within thirty days after he shall receive the same, the selectmen may issue an extent against him. R. S. 397, § 4; C. S. 505, § 4. § 5. If such execution shall not be satisfied within sixty days after a copy of such execution is left as aforesaid, such execution may be levied upon the goods and estates of the selectmen, and, if they are insufficient, upon the property of any inhabitant of such town, or owner of property situate therein. R. S. 397, §5; C. S. 505, § 5. § 6. Every person upon whose property an execution against any town has been levied, may, in an action of assumpsit for money paid, recover of such town the sum so levied, and damages, and double costs. R. S. 397, § 6; C. S. 505, § 6. CHAPTER 19, A. OF THE HOMESTEAD EXEMPTION. §1. From and after the first day of January, A. D. 1852, the family homestead of the head of each family shall be exempt from attachment and levy or sale on execution, on any judgment rendered on any cause of action accruing after the taking effect of this act; provided such homestead shall not exceed in value five hundred dollars. Laws, 1851, ch. 1089, §1; C. S. 474, § 1. §2. Such exemption shall extend to any interest which the debtor may own in such homestead, and to any interest in any building occupied by him as a homestead standing on land not owned by him, to an amount not exceeding five hundred dollars. Laws, 1851, ch. 1089, §2; C. S. 474, § 2. §3. That the sheriff executing any writ of execution founded on any judgment such as is mentioned in the first section of this act, on application of the debtor or his wife, if such debtor shall have a family, and if the lands and tenements about to be levied on, or any part thereof, shall be the homestead or estate thereof, shall cause a homestead, such as the debtor may select, not exceeding five hundred dollars in value, to be set off to the debtor in the manner following, to wit: He shall cause three appraisers to be appointed, one by the creditor, one by the debtor, and one by himself, who shall be discreet and disinterested men, resident in the county, and shall be sworn by a justice of the peace impartially to appraise and set off by metes and bounds a homestead of the estate of the debtor, such as he may select, not exceeding five hundred dollars in value; and the set-off and assignment, so made as aforesaid by the appraisers, shall be returned by the sheriff along with the writ, for record in court; and if no complaint shall be made by either party, no further proceedings shall be had against the homestead; but the remainder of the debtor's land and tenements, if any more he shall have, shall be liable to levy or sale on execution, in the same manner as heretofore provided by law: provided, that upon good cause shown the court out of which the writ issued may order a reappraisement and reässignment of the homestead, either by the same appraisers or others appointed by the court, and under such instructions as the court may give; and such appraisal shall be made and returned to said court, as aforesaid. Laws, 1851, ch. 1089, § 3; C. S. 474, § 3. §4. When the homestead of any head of a family, being a debtor in execution, shall consist of a house, or a house and lot of land, which in the opinion of the appraisers cannot be divided without injury and inconvenience, they shall make and sign an appraisal of the whole value thereof, and deliver the same to the officer having the execution, who shall deliver a copy thereof to the execution debtor, or some member of his family of sufficient age to understand the nature thereof, with a notice thereof attached, that unless the execution debtor shall pay to said officer the surplus over and above the five hundred dollars, within sixty days thereafter, said premises will be sold; and in case such surplus shall not be paid within the said sixty days, it shall be lawful for the officer to advertise and sell the same at auction, by posting up notices of the time and place of sale, with a description of the premises, in two or more of the most public places in the town where the same is situate, and a like notice in the next adjoining town, thirty days prior to the sale; and out of the proceeds of such sale to pay the said execution debtor, with the written consent of his wife, the sum of five hundred dollars: Provided, however, if the wife of such debtor shall not consent to such payment, the sheriff or officer having such proceeds shall deposit said sum of five hundred dollars in some savings institution in this State, to the credit of said debtor and wife; and the same may be withdrawn therefrom only by the joint order of the husband and wife, or by the survivor, in case one should decease; and the same shall be exempt from attachment and |