of which term twenty-one years are yet to come and unexpired; and on the day of, and more than thirty days before the sale, I gave notice &c., as in form 587, (calling the debtor's interest " term of years," where the words, "equity of redemption," occur in that form.)

[If any other person than the creditor or debtor named in the execution has the estate, or right of such creditor, purchaser or debtor, the proceedings relating to the levy should be done by and in the name of such other person.]

day

594. If proceedings are stayed by injunction.] Say: and on the of a writ of injunction, issued by Hon. I. P., chief justice of the day of -, and enjoining me supreme judicial court, bearing date the not to proceed in making said levy, was duly served on me by -, deputy sheriff for said county, a copy of which writ is hereunto annexed, and is made part of this return: Whereupon all further proceedings day of when said upon said execution were suspended until the execution was dissolved by order of the superior court of judicature, day of I, &c. holden at, on: Whereupon, on the

And then proceed with the levy as in common cases, except where a notice of sale has been given; in which case a new notice may be given, in the same manner as of the sale of personal property. See Form, 545.

This clause may become necessary in any part of a return.

595. Returns on executions against towns.

If the execution is levied on property of the town, the return is in the usual form.

Return if levied on property of selectmen.

-

-

RSS., 185-. No goods or estate of said town of being last I left an attested copy of this execuday offound, on the -; and on the tion with one of the selectmen of said town of day of, the said execution being in no part satisfied, I levied the said execution upon -, the property of, one of the selectmen of the town of ―, and on the same day I advertised, &c.: (as in form 545.) Or: I caused three appraisers, &c., (as in form 565.)

596. Return of levy on property of an inhabitant.

Proceed as above, to the end of the return of the levy on the property of the selectmen. Then add:

"and the goods and estates of the selectmen of said town being insufficient to satisfy said execution, I levied the same upon, the property of, one of the inhabitants of said town," &c. : (as in form 545, 565, &c.)

Payment of any execution against a county shall first be demanded of the treasurer; and if not satisfied within sixty upon the propdays after such demand, it may then be levied erty of the county, or of any inhabitant thereof, who shall have his action therefor against the county, and may recover any sum so paid, with exemplary damages and double costs. R. S. 76, § 1; C. S. 79, § 4.

definite description;) which the said debtor claims to be his homestead, and the interest of said debtor therein being the right in equity to redeem the same, are of the opinion that the same cannot be divided without injury and inconvenience, and have therefore appraised the whole interest which the said debtor owns therein, at its just value, &c.; as in form 596,н.

596,K. Debtor's interest a house occupied by him, standing on land not owned by him.

We, the subscribers, having carefully examined a house occupied by said A. B. as a homestead, standing on land not owned by him, shown to us as the estate of the within named debtor, described as follows: to wit, (insert description by metes and bounds,) which the said debtor claims as his homestead, are of opinion, &c., as in last form.

596,L. Return levy.

H $8., ..., 185-. By direction of the within named creditor I seized upon this execution a certain tract of land situated, &c., bounded, &c., shown to me as the estate of said debtor; and being about to levy this execution thereon the within named debtor made application to me to cause a homestead therein, such as he might select, to be appraised and set off by metes and bounds, not exceeding in value $500, agreeably to the provisions of an act of the legislature, passed July 4th, 1851, entitled "An act to exempt the homestead of families from attachment and levy or sale on execution." And I thereupon caused three discreet and disinterested men, residents in the county aforesaid, to be appointed appraisers of said estate: to wit, A. K., by the debtor, D. C., by the creditor, and J. P., by myself, who, being duly sworn before 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 might select, not exceeding five hundred dollars in value; upon their oaths said, that the tract of land, parcel of said estate, selected by said debtor, bounded, &c., with the buildings thereon, is of the value of five hundred dollars and no more, and they thereupon set off and assigned by metes and bounds the tract of land and buildings above described to said debtor as a homestead, according to the statute aforesaid. And herewith I return said set-off and assignment so made, along with this writ, to said court for record. D. S., Deputy Sheriff.

Fees.

596,M. Certificate of appraisal where estate cannot be divided.

We, the subscribers, having carefully examined a house [or, house and lot of land,] shown us as the estate of the within named debtor, described as follows, to wit, which the said debtor claims to be his homestead, are of opinion that the same cannot be divided without injury and inconvenience; and have therefore appraised the whole thereof at its just value, and do on our oaths say that the same house [or, house and lot of land,] is of the value of dollars and no more, and do make and sign this appraisal of the whole value thereof, and return the same to [the officer,]

596,N. Notice to debtor to pay surplus above five hundred dollars. Inesrt (an attested copy of certificate of appraisal,) form 596,M. To A. D., of, in said county.

You are hereby notified that unless you pay to me the surplus of said appraisal, over and above five hundred dollars, within sixty days from the day of the service of this notice, said premises will be sold at public auction, as provided by the provisions of an act of the legislature, entitled "An act to exempt the homestead of families from attachment and levy or sale on execution," passed July 4th, 1851.

185-.

596,0. Return of service.

D. S. Deputy Sheriff.

H-, ss. On the day of —, I gave a copy of the foregoing appraisal and notice to the within named A. D., of which the within is a true copy. D. S., Deputy Sheriff.

If the notice is given to a member of the debtor's family, say:

I gave to J. D., son [M. D., wife,] [or X. Y., servant,] of the within named A. D., being a member of his family, and of sufficient age to understand the nature thereof, a copy, &c.

596,P. Notice of sale.

Taken by virtue of an execution in favor of A. P. against A. D., and to be sold at public auction, on the day of next, at o'clock in the-noon, at the house of in, in said county, all the right, title, interest, claim or demand of said A. D. in and to the following described real estate, to wit:

185-.

If the property has been attached, say:

D. S., Deputy Sheriff.

"All the right, &c., which the said A. D. had on the day of ―, &c., the day on which the same was attached on mesne process, or now has in and to the following described real estate, to wit:"

596,R. Consent of wife.

I, C. D., wife of A. D., consent that the proceeds of the sale of certain real estate, bounded as follows, &c., sold by D. S., deputy sheriff, on an execution in favor of A. P. against A. D., being the value of the homestead of said A. D. exempt from attachment or levy and sale on execution, be paid to said A. D.

-- 185-.

596,8. Return of sale.

C. D.

Proceed as in form 596,L, to the words " upon their oaths." Upon their oaths made a certificate that, in their opinion, said real estate cannot be divided without injury and inconvenience, and they have appraised the whole value thereof at dollars, and delivered their appraisal to me, and on the day of - I gave to the said A. B. a copy thereof, with a notice attached thereto, that unless said A. B. should pay to me the surplus over and above five hundred dollars within sixty days after the service of such notice, the said premises would be sold at public auction, according to the provisions of an act of the legislature,

entitled "an act to exempt the homestead of families from attachment or levy and sale on execution," passed July 4, 1851; and on the-day of I advertised the same premises for sale at auction, by posting up notices of the time and place of sale, with a description of the premises, at and at, the same being two of the most public places in the town of, where the said premises are situated, and a like notice at —, in the town of -, being the next adjoining town, the same being more than thirty days before said sale, and on said - day of I sold said premises at public auction to P. Q, he being the highest bidder, for the sum of dollars, and made and delivered to him a deed in the form prescribed by law, and out of the proceeds of said sale I have paid the said A. D. five hundred dollars, with the written consent of his wife (hereto annexed,) and have applied the balance of said sum of — dollars, to wit, the sum of dollars, in part satisfaction of this execution.

596,T. Return when $500 deposited in savings bank.

And out of the proceeds of said sale, the wife of said A. D. not consenting to the payment of five hundred dollars to him, I have deposited said sum of five hundred dollars in the savings bank, in -, in this State, to the credit of said A. B. and A. C. his wife, and the balance, &c., (as in last form.)

596,w. Return when the estate did not bring $500.

And on the day advertised for the sale of said premises I put the same up to sale at public auction to the highest bidder; and no greater sum than five hundred dollars being bid therefor, to wit, the sum of dollars, and there being no other property of said A. D. found within my precinct, for want of property I hereby return this execution unsatisfied, with a certificate of my doings therein.

D. S., Deputy Sheriff.

CHAPTER 20.

OF IMPRISONMENT AND PRISON BONDS.

1. Any prisoner on execution may give
bond.

2. Form of bond and condition.
3. Sureties, how to be approved.
4. Bond delivered to creditor, when.

5. Surrender by prisoner, how made.
6. Notice, if two jails, how given.
7. Sureties may surrender, when.

8. Prisoner surrendered cannot again give bond.

9. Judgment and execution on bond. 10. Debtor discharged not liable to arrest for one year on same.

11. No person detained for prison charges on civil process.

12. Plaintiff to secure prison charges.

§1. Any person arrested or imprisoned on execution, or detained in prison for want of bail after final judgment against him, or who shall be committed to prison by his bail, or by

the court upon a surrender by his bail after such judgment, shall be discharged upon giving bond as hereinafter provided. R. S. 398, ch. 199, § 1; C. S. 506, § 1.

§ 2. Such bond shall be given to the creditor, with two sufficient sureties, residents of the State, to be bound jointly and severally in at least double the sum for which such person is arrested or imprisoned, with a condition in substance as follows:-"The condition of the above Obligation is, that if the said, now a prisoner at the suit of said, shall, within one year from the date hereof, apply to the proper authority, and be admitted to take, and shall actually take the oath or affirmation prescribed by law for the relief of poor debtors, or in default thereof shall surrender himself to prison, as prescribed by law, then this Obligation to be void." The blanks in the condition shall be filled as the case may require. R. S. 398, §2; C. S. 506, § 2.

§ 3. The sureties shall be deemed sufficient when they are approved in writing on the back of such bond, either by the creditor, his agent or attorney in the action, or by two disinterested justices of the quorum of the county in which such person is arrested or imprisoned. R. S. 398, §3; C. S. 506, $3.

§ 4. Such bond shall be delivered by the officer to the creditor, upon request, and upon giving a proper receipt therefor. R. S. 398, §4; O. S. 506, § 4.

§ 5. If the debtor giving such bond shall not, within one year from the date thereof, take the oath or affirmation prescribed by law for the relief of poor debtors, or be otherwise discharged, he shall, on the day next after the expiration of said year, unless the same shall be Sunday, and in that case on the Monday following, surrender himself up to the keeper of the jail in the county where he was originally arrested or committed, and remain at said jail from twelve o'clock at noon till three o'clock in the afternoon of said day, and his sureties on such bond shall be thereby discharged. R. S. 398, §5; C. S. 506, § 5.

§ 6. If there is more than one jail in the county, the person making the surrender shall cause notice in writing to be given to the creditor or his attorney, or left at the usual place of abode of one of them, if either lives in the State, stating at which of said jails the surrender will be made, at least ten days prior thereto. R. S. 399, §6; C. S. 507, § 6.