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The compiled statutes of the state of New Hampshire: to which are prefixed ... online

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leooTered, in what oases.

7. Coort to limit and allow costs ODBC-

tiott.



Section 1. Costs shall follow the event of every action or peti-
tion, unless otherwise directed by law or by the court

Sec. 2. No costs shall be allowed the plaintiff in any action
upon a judgment upon which execution might lawfully issue, if
the court shall be of opinion that the plaintiff could have availed
himself of such execution as advantageously, for the collection of
his demand, as he could of such action.

Sec. 3. When a plaintiff shall, at the same term, bring diverse
actions against the same party which might have been joined, or
shall bring more than one action upon a joint and several contract,
the court may allow such and so many bills of cost as they may
deem equitable.

Sec 4. No more costs than damages shall be recovered in any
action 'commenced in the court of common pleas for slander,
assault and battery, imprisonment or malicious prosecution, unless
the damages recovered shall exceed thirteen dollars and thirty-three
cents.

Sec. 5. In actions of trespass for injuries to real estate com-
menced in the court of common pleas, when the titie of real estate
is not in question, the court shall allow so much cost as they may



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OHAP. 206.]



BBVIBW8 AND NBW TRIALS*



493



think proper, not exceeding the damages recovered, In case such
damages, do not exceed thirteen dollars thirty-three cents.

Sec. 6. In all actions commenced in the court of common
pleas, if it appears that the plaintiff had no reasonable expectation
of recoyeriDg more than thirteen dollars thirty-three cents, the court
may limit the costs to such sum as they think reasonable.

Bbc. 7. In all actions or petitions pending in the superior court
or court of common pleas in the county where the judgment was
rendered, the said courts may, on motion and on good cause shown,
limit and allow such costs and order such security for costs as they
may deem just and reasonable.



CHAPTER 205.
OF BEVIEWS AND SEW TRIALS.



IDENTICAL WITH

Chapter 192 of the Revised Statutes.



SSOTIOV

1. CiTil actions m%j b« nyiewed, if israe

of £ftct joined.
S. Gooit may grant reriew in other



3. Petition to be presented, where.

4. Terms maj be imposed, how.

6. Limitation of reriew ; exceptions.
6. Petition most be filed within three
years.



Sbotior

7. Beviews where triable; amendn^ents.

8. Plaintiff in review to produce copies.

9. New eyidence may be offered.

10. Judgment, how rendered.

11. " for costs, how rendered.
1 8. Costs limited in reviews, when.

13. Ezecntion not stayed nnless by order
of conrt



Section 1. All ciyil actions in which judgment has been ren-
dered in the court of common pleas or superior court, in which
any issue of fact has been joined, except those in which by law a
dinerent provision is made, may be once reviewed.

Sbg. 2. The superior court may grant a review in any other
ease, where it shall appear that justice has not been done through
any accident, mistake or misfortune, and that a further hearing
would be just and equitable.

Sec. 8. In such case, a petition shall be presented to said court
in the county where the original action was brought, by any per-
son interested, setting forth the reasons for such review ; and such
notice shall be given to the adverse party or to his attorney as the
court may order.

Bbc. 4. The court may grant such review upon such terms and
conditions, and may allow such costs to either party, upon the
petition of review, as they may think just and reasonable*



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494 BBVIBWB AND NBW TRIALS. [tITLB XXII*

Sec. 5. No action of review shall be brought of right after one
year from the time of the judgment rendered, saving to any infieuit
or insane person the right of such review for one year after such
disability is removed.

Bec. 6. No review shall be granted upon petition, unless sach
petition is filed within three years after the rendition of the judg-
ment complained of, or the discontinuance or failure of the original
suit ; and such review shall be commenced within ninety days after
the grant thereof.

Sec 7. All writs of review shall be returnable in the court of
common pleas in the county where the judgment was rendered,
and shall be tried upon the pleadings filed in the original action,
if any, unless the court, upon such terms as they sheul think rea-
sonable, shall permit amendments to be made.

Sec. 8. The party bringing any action of review, shall produce
in court attested copies of the writ, pleadings, judgment and all
papers used and filed at the former tnal, otherwise -a nonsuit shall
be entered.

Sec 9. Every case shall be tried upon review in the same man-
ner as if no judgment had been rendered therein, and any new or
further evidence may be produced therein.

Sec. 10. If the amount of property, debt or damages recovered
by the original plaintiff, is increased on review, he shall recover
judgment for the excess and costs ; if such amount is reduced, the
original defendant shall recover judgment for the amount of such
reduction and costs.

Sec. 11. If the original plaintiff shall review and shall not
recover a greater amount of property, debt or damages, the defend-
ant shall recover costs ; if such review is brought by the defendant,
and the amount of property, debt or damages is not reduced, the
original plaintiff shall ^recover costs.

Sec. 12. No costs shall be recovered in an action of review,
except those accruing upon such review, and the party bringing
such review shall recover no more costs than the amount of the
property, debt or damages he may recover therein, unless the origi-
nal judgment shall be wholly reversed.

Sec 13. Execution in the original action shall not be stayed by
reason of any vrrit of review, but the court, on motion, may order
a stay of execution, where it may appear just and reasonable, upon
terms.



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OHAP. ao6.]



BXECVTIONS,



495



TITLE XXIIL

OP EXECUTIONS, LEVIES, BAIL AND RELIEF OP
POOR DEBTORS.



Chapter 206. Of executions.

Chapter 207. Of levies on personal estate.

Chapter 208. Of levies on real estate.

Chapter 209. Of levies on equities of redemption.

Chapter 210. Of levies and injunctions.

Chapter 211. Of executions against towns.

Chapter 212. Of imprisonment and prison bonds.

Chapter 213. Of relief of poor debtors.

Chapter 214. Of liability of bail.



CHAPTER 206.
OF EXECUTIONS.
IDENTICAL WITH

Cliapter 193 of the Revised Statutes.



SSOTIOH




Sbotion


1. Ezectttions, when to issue.


6. Interest payable on executions.


2. "


from superior court, how


' 7. Executions issued on scire facias.




retnniable.


8. One only on same contract at a time.


3. «


from court of common


9. If execution not against body, part to




pleas, how returnable.


be omitted.


*•


from justices, how return-


10. Execution, form of writ of.




able.


1 1 . Possession, form of writ of.


6. "


may issue within two


12. Execution against property of person




years.


imprisoned.



Section 1. No execution shall issue until the expiration of
twenty-four hours after judgment rendered.

Sec. 2. Executions issued by the superior court may be made
returnable at the next regular term of the court, if within six
months, otherwise within six months from the date thereof.

Sec. 3. Executions issued by the court of common pleas may
be made returnable at the next term of' said court

Sec 4. Executions issued by justices may be made returnable
within sixty days from the date thereof.

Sec. 5. Executions may be issued at any time within two



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496 EXBCVTIONS. [TtTLfi jcauff.

yean after the jadgment rendered, or after the return day of any
former execntion.

Sec. 6. Interest shall be payable on all executions in ciyil ac-
tions, firom the time the judgment was rendered.

Sec* 7. The court may award execution on any judgment
after the expiration of said two years, upon scire facias, for the
amount then due, with interest

Sec. 8. Where several judgments are rendered upon the same
contract, at the same term, only one execution shall be issued on
said judgments at one time, except by order of the court

Sbc. 9. Where any execution shall not run against the body
of the defendant, the form may be varied by omitting such parte
as relate to the arrest of the person.

Sec. 10. Writs of execution shall be substantiaUy in the fol-
lowing form :

THE STATE OF KBW HAMPSHIBE.

R. SS.

L^s.J To the sheriff of any county, or his deputy.



Whereas A. P. of by the consideration of our justices of

our court of holden at in said county of on

the Tuesday of recovered judgment against A. D.

of for the sum of dollars and costs taxed at . as

appears of record, whereof execution remains to be done : We
command you, therefore, that of the goods, chattels or lands of
the said debtor in your precinct, you cause to be levied and paid
to the said creditor the aforesaid sums, with lawful interest there-
on, and more for this writ and your own fees, and in de-
fault thereof to arrest the said debtor and commit him to jail ;
and the keeper of such jail is required to detain him in custody
until he pay the same, with your fees, or until he is discharged
by the creditor or otherwise according to law, and make return of
this writ with your doings thereon, to said court, to be holden at
in said county, upon the Tuesday of

Witness J. P. Esquire, the day of A. V.

B. G. Clerk.

Sec. 11. Writs of possession shall be substantially in the fol-
lowing form :

THE STATE OF NEW HAICPSHIBE.

K. SS.

1^1^^ To the sheriff of any county of this State, or his

t,„,i',? deputy.

Whereas'A. P. of by the consideration of our justices

of our court of holden at in said county of ' on



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csAP. 207.]



BXBCUTION8.



4B7



the Tuesday of recovered judgment against A. D.

of for a certain vrith the appnrtenancee, situate in

the town of and costs taxed at as appears of record :

We command you, therefore, that without delay you cause said
Al P. to have possession of the said premises : We also command
you that of the goods, chattels or lands of the said debtor in your
precinct, you cause to be levied and paid to said creditor the
aforesaid sum, with lawful interest thereon, and more for

this writ and your own fees, and in default thereof to arrest the
said debtor, and commit him to jail ; and the keeper of the jail is
required to detain him in custody until he pay the same, with
your fees, or until he is discharged by the creditor or otherwise
according to law, and make return of this writ and your doings
thereon unto said court, to be holden at in said county,

upon the day of

Witness J. P. Esquire, the day of A. D.

R. G. Clark.

Sfic. 12. Whenever a debtor shall be committed to prison on
execution, the creditor on the return of the same may have a fur-
ther execution against the property of the debtor, notwithstand-
ing tte debtor shall not be discharged ; and upon the satisfaction
of such execution, the debtor shall be discharged.



CHAPTER 207.

OP THE LEVY OF EXECUTIONS ON PERSONAL ESTATE.
I]>BNTICAL WITH

Chapter 194 of the Revised Statutes.



Section
1. Exeention majbt set off, when.
a. MoDey and bank notes may be letied

on*
a. Chattels, how adyertised and sold.
4. Personal property mortgaged, &&,

may be leried on, how.
6. Proceeds of sale, how applied. ,

6. Bight of redemption may be sold.

7. Owner may redeem before sale.

8. Proceeds, how applied on several exe-

cutions.
^ 9. Officer's retoms, what to state.

10. Frand in sale, penalty for.

11. Officer may adjonm sale, how.

IS. Pews, how advertised and sold. ^

32



Sbotioit

1 3 . Franchise, how advertised and sold.

14. Who is the purchaser, his rights.

16. Bights of corporation, how affected.

16. Shares in corporation, how taken on

ezeentifm.

17. « « « how advertised

and sold.

18. Notice, how given if debtor ont of

county.

19. Copy of return filed with derk.

20. Officer of coipoiation to give account

of shares ; penalty for refusal, A&
81. Officer of coiporation to exhibit rec-
ords; penalty for refiisal, Ac



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498 EXECUTIONS. [title XXIII.

Section 1. Executions in which the creditor in one is debtor
in the other, in the same right and capacity, shall be set off by the
officer to whom one of such executions has been delivered, and
the other shall be tendered ; and such officer shall return both such
executions satisfied, so far as such set-off will extend.

Sec 2. Money may be taken on execution and paid to the
creditor; bank notes and other evidences of debts issued by any
moneyed corporation and circulated as money, may be taken oa
execution and paid to the creditor at their par value, if he wiU
accept of them, otherwise they may be sold at auction like oiheac
chattels.

Sec Z. Groods and chattels taken on execution shall be safely
kept by the officer, at the expense of the debtor, four days at
least ; shall be advertised for sale, by posting up notices of the
time and place of sale, at two of the most public places in the
town where the sale is to be, forty-eight hours before the expiration
of said four days, and sold at public auction to the highest bidder.

Sec. 4. Personal property subject to any mortgage, pledge or
lien, may be taken in execution in the same manner it may be
attached, and may be sold in the same manner as other personal
property ; and the creditor and officer shall have the same right to
demand an account of the amount due and to hold the same, if
no account or a false account is given, as in case of an attach-
ment

Sec. 5. The proceeds of the sale shall be applied to pay the
sum paid or tendered to the mortgagee, pledgee or holder, and in-
terest, and the residue to the satisfaction of the executions on
which the same is holden.

Sec 6. The debtor's right to redeem such property may be
taken on execution and sold as in other cases, without such pay-
ment or tender.

Sec 7. The owner may redeem any goods and chattels before
the sale, by otherwise satisfying the execution and officer's fees
and charges.

Sec 8. The money arising from any sale of personal property
shall be applied by the officer to the payment of the charges and
the satisfying of the executions levied thereon, in the order in
which the attachments thereon, if any, were made, otherwise in
the order in which the executions were delivered to him ; and the
balance shall be returned to the debtor, upon request.

Sec 9. The officer shall make return of the execution, ac-
cording to his precept, with his doings thereon, particularly de-
scribing the goods and chattels taken and sold, and the sum for
which each article was sold.

Sec 10. K any officer shall be guilty of any fraud in the sale
or return, he shall be liable to each party injured to pay him five
times the sum defrauded.

Sec 11. The officer may adjourn any sale under this chapter
firom time to time, not exceeding ten days at one time, or sixty



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CHAP. 207.] EXECUTIONS. 499

days from the seizure, giving the same notice of the adjotiniment
as of a sale.

Sec. 12. Pews or seats in meeting-houses may be taken, ad-
vertised and sold on execution in the same manner as other per-
sonal property, except that if there has been no previous attach*
ment, the debtor shall be notified by the officer of the time and
place of sale of such pew or seat, by giving to him a notice in
writing, or leaving such notice at his usual place of abode, if he
resides in the town, otherwise with the town clerk, and the time
of giving or leaving such notice shall be deemed the time of taking
snch property.

Sec. 13. The franchise of any corporation authorized to take
tolls, may be taken and sold on execution at public auction, the
officer giving notice of the time and place of sale, by posting up
a notice thereof at any toll-house at which such tolls are or have
been usually taken, and causing a like notice, with the name of
the creditor and the amount of the execution, to be posted up at
two or more public places in the town in which any toll-house
of said corporation is situate, at least thirty days before the day
of sale.

Sec. 14. The person who will pay such execution and the
lawful fees and expenses thereon, for the right to receive all such
tolls for the shortest period, shall be the highest bidder, and shall,
upon such sale, be entitled to the possession of the toll-houses
and gates of the corporation, to be delivered by the officer, and
entitled to receive all such tolls for the term of his purchase, with
all the rights of the corporation in relation thereto.

Sec. 15. The rights and obligations of the corporation, except
as to such tolls, shall not be affected by such sale, and they may
redeem such franchise by paying the purchaser the amount paid
by him therefor, with twelve per cent, interest thereon, at any time
within three months from such sale.

Sec 16. The shares or interest of any person in any corpora-
tion may be taken on any execution, in the same manner they
may be attached.

Sec. 17. Notice in writing of the time and place of sale of
such share or interest, shall be given by the officer to the debtor,
or left at his usual place of abode, and posted up at one or more
pnblic places in the town where the sale is to be, and in two ad-
joining towns, thirty days before the sale.

Sec 18. If the debtor does not reside in the county, the post-
ing up [of] such notice as prescribed in the preceding section, and
publishing such notice in some newspaper, if any in the county,
otherwise in an adjoining county, three weeks previous to the
sale, shall be sufficient without further notice to the debtor.

Sec 19. The officer shall cause an attested copy of the exe-
cution and of his return thereon to be filed with the clerk, treasurer
or cashier of the corporation, and pay for the recording thereof;
and the purchaser shall thereupon be entitled to such shares or in-



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fiOO



I«ETIB8 ON BKAL ESTATE.



[title XXIfl*



terett, and the income or dividends become due thereon since the
attachment, and to snch certificates as are the nsnal evidence of
the shares or interest of a proprietor in snch corporation.

Sec. 20. The officer of every corporation, having the care of
the records or accounts of the shares or interests of the corporators
therein, shall, on request and on the exhibition of a writ of attach-
ment or execution against any person interested in sueh corpora-
tion, give to the officer having snch writ, a certificate of the num-
ber of his shares or amount of bis interest therein, with the numbers
etihe shares or other description by which they are distinguished;
and on neglect or refusal to give such certificate, or if he shall
wilfully give any false certificate thereof, he shall be liable to pay
to the creditor the whole amount of hie demand against such
debtor, to be recovered by an action of debt

Sec. 21. If any officer of a corporation shall, on request of an
officer, and on exhibition of such writ of attachment or execution,
refuse or neglect to exhibit to him such records and documents in
his keeping as may be useful to direct and assist him in the dis-
charge of bis duty, he shall forfeit twenty dollars to the officer,
and shall be answerable for all damages sustained by any person
thereby.



CHAPTER 208.

OF LEVIES ON BEAL ESTATE.
IDENTICAL WITH

Chapter 195 of the Revised Statutes.



Sbotioh

1. Beal estate to be appraised.
S. Appraisers, how appointed ; oath.
8. If debtor neglects or is absent

4. Kotice to officers of corporations.

5. LeYj, when commenced and com^

pleted.

6. Appraisers to set off by bounds.

7. TJnditided interest, when set off.



SscTioir

8. How part set off in spedal cases.

9. Whole to be described in snch

10. Bent or income, how extended.

11. Betnm to be made and recorded.

12. Effect if retnm is not recorded.
IS. Debtor may redeem, how.

14. Creditor to release on payment



Section L All real estate may be taken on execution, and
shall be appraised and set off to the creditor, at its just value in
satisfaction of such execution, and the cost of levying, except in
those cases where by law a sale of it is authorized.

Sec. 2. The officer levying such execution 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,



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CHA.P* 308.] LEVIES ON REAL ESTATE* 501

resident ia tke eonnty, and shall be sworn by a jostiee impartially
to appraise such real estate as shall be shown them as the estate
of the debtor.

Sec* 3. If the debtor^ on dae notice, neglect to appoint an ap»
praiser, or in ease he does not reside in the county or within twenty
miles of the property to be appraised, the officer ^shall appoint an
appraiser for the debtor.

SEa 4. Notice given to the clerk, treasurer, agent or one of
the directors of a corporation, to choose an appraiser for the cor-
poration, ten days before the levy, shall be legal notice to the cor-
poration.

Sec. 5. A levy commenced by the appointment and swearing
of one or more of the appraisers, may be completed before the
return day of the execution.

Sec. 6. Such appraisers shall set off to the creditor, by metes
and bounds, or other distinct description, the real estate appraised
by them, or so much as may be necessary in payment of the exe-
cution and cost of levying.

Sec. 7. K such real estate is holden jointiv or in common
with others, the levy shall be made upon the undivided interest of
the debtor or a part thereof.

Ssa 8. If such real estate cannot, in the judgment of the ap-
praisers, be divided and det out by metes and bounds without
greatly impairing the value of the whole, the levy may be made
upon an undivided interest therein, or by such mode of division as
the nature of the property will admit.

Sec 9. In either of the cases aforesaid, the whole of the prop-
erty of which part shall be set off, shall be described by metes and
bounds or other distinct description.

Sec. 10. If any debtor is seized of a rent or (tf the income of
any real estate, a levy may be made thereon, and the appraisers
may set off the same for such term as they judge sufficient to pay
the judgment, interest and costs; and the sheriff shall cause the
tenant to attorn and become tenant to the creditor ; and upon his
refusal, shall turn him out of possession and deliver seizin to the
creditor to hold for the term aforesaid.

Sec 1L The officer shall deliver seizin and possession of the
property so set off, to the creditor or his attorney, shall make a
full return of his proceedings, and cause tiie execution .and return
to be recorded at len^h in the registry of deeds of the eounty,
and returned to the office of the clerk of the court to which it is
by law returnable.

Sna 12. All debtor's interest in such real estate shall pass by
the levy as against all persons whatever, if tiie levy is recorded as
aforesaid on or before the return day of the execution ; otherwise,
only as against the debtor an^ his heirs until such record is made.

Sec 13. Such extent shall be void, if, within one year from
the return day of the execution, the debtor or any person interest-
ed shall pay or tender to the creditor the sam at which sneh real



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502



LBVIES ON EQUITIES



[tittle xxiir.



estate was appraised, with interest from the time such levy was
received for record by the register of deeds.

Sec. 14. The creditor^ upon such payment or tender, having
his reasonable charges therefor duly tendered to him, shall execute
a release to the debtor of his right in such real estate acquired by
such levy.



CHAPTER 209.

OF LEVIES ON EQUITIES OF EEDEMPTION.
IDENTICAL WITH

Chapter 196 of the Revised Statutes.



Sbotioh

I. Bights in equity may be sold.
Notice to debtor and pablic given.

" by publication, when.
Lery^ when commenced and com-
pleted.
Debtor may redeem, when and how.
Creditor to release, when and how.
Deed of officer, how made.



2.
3.
4.

5.

6.
T.



SBCTIOafT

8. Deed not valid unless recorded.
Proceeds of sale, how applied.
Purchaser, how liable for profits.
Right to receive conveyance sold.
** to redeem any interest sold.
Terms for years and oliier interestf;.

how sold.
Rights of purchaser in sndi cases.



9.
10.
11.
12.



Online LibraryNew HampshireThe compiled statutes of the state of New Hampshire: to which are prefixed ... → online text (page 53 of 80)