heers of corpo

Sbares, &c. to

be sold at auc

tec.

to be left with

poration.

with certain of ier of any turnpike, bridge, canal or other corporation, and an ations to be a advertisement of the time and place of sale being once pubtaking on exe lished within said thirty days after judgment, shall be deemed a taking such shares or interests in execution, pursuant to the attachment on the original writ; and so many of said shares, or so much of said interest may be sold on said execution at tion, after no public vendue to the highest bidder as shall be sufficient to satisfy the same, and the charges of the sale, after notice shall have been given of the time and place of sale in manner as hereinafter provided; and in case the officer making the Copy of return sale, or the purchaser or purchasers of any such shares or officer of tor- interest do cause an attested copy or copies of such execution, and the officer's return thereon to be left with such Clerk, Treasurer or Cashier, within fourteen days after the sale is completed, and pay for the recording of the same, such purchaser or purchasers shall be thereby entitled to such shares and interest, with all the privileges appertaining thereto, and the income and dividends which may have accrued or been made on the same subsequent to the attachment thereof on mesne process; and it shall be the duty of Certificates of the proper officer or officers of such corporation, to issue to the purchaser or purchasers under such execution, such certificates as by the bye-laws and regulations of such corporation are the evidences of the shares or interest of a proprietor in such corporation.

shares to be

given to purchaser.

Mode of notifying sale of shares.

SEC. 7. Be it further enacted, That in making sale of any such shares or interest, the officer holding the execution shall give notice in writing of the time and place of sale to the judgment debtor, by leaving the same at his last and usual place of abode, if within the county in which the said officer dwells, and public notice of the said time and place of sale, by posting up notifications thereof in one or more public places in the town or plantation where such sale is to be made, and also in one or more public places in the two adjoining towns, thirty days at least before the time of sale, and further shall cause an advertisement expressing the time and place of sale, and against whom execution shall have issued on which such shares or interests have been taken, to be published three weeks successively before the day of sale, in some public newspaper printed in the county where the sale is to be made, if any such be therein printed, and in case no such paper is therein printed, then such advertisement shall be published in some public newspaper in the nearest county wherein a newspaper shall be published; and in case the judgment debtor has at no time resided, or does not then dwell in such county, the posting up such notifications, and publishing such advertisements in manner aforesaid shall be deemed sufficient notice of such sale; and in case the shares or interest so notified for sale, shall not for want of purchasers, be disposed of at the time appointed for sale, the officer

adjourned for

shall adjourn the sale for a time not exceeding three days, Vendue may be and from time to time, until the sale shall be completed; and three days. the surplus monies, (if any there be,) arising from such sale,

beyond satisfying the contents of the execution and necessa- Surplus how to ry intervening charges, the officer shall pay the debtor, or be disposed of. deposit the same with the treasurer or cashier of the corporation, for the benefit of the debtor and subject to his order.

SEC. 8.

Clerk or cash

of officer, to

owned by the

Be it further enacted, That whenever an officer, ier on request having a writ of attachment or execution against any person give him certifi interested in any such company, shall exhibit to the Clerk or cate of shares Cashier thereof, such writ or execution, and request a certifi- debtor. cate from him of the number of shares or amount of interest owned by the debtor in such company, it shall be the duty of such Clerk or Cashier to give the said officer a certificate of the number of shares or amount of interest holden and owned by the debtor in such company, and therein express the numbers or other marks by which such shares or interest are distinguished; and in case such Clerk or Cashier shall Penalty for refuse to make and deliver to the officer such certificate, or shall wilfully make and deliver a false certificate thereof, such Clerk or Cashier shall be liable to pay to the creditor the full contents of such execution, and the contents of the judgment which may be recovered by the plaintiff in such writ of attachment, and the same may be recovered by the judgment creditor in an action of debt, in any Court proper to try the same.

neglect, &c.

ter notice, may be sold on exe

notice.

SEC. 9. Be it further enacted, That whenever any judg- Franchise of ment has been, or may hereafter be recovered in any Court torportionat of Law against any turnpike, bridge, canal or other company bution. incorporated by law, with power to receive toll, the franchise of such corporation, with all the privileges and immunities thereof, so far as relates to the right of demanding and receiving toll, as well as all other corporate property, whether real or personal, shall be liable to the satisfaction and payment of such judgment, and may be taken and sold on execution at public vendue; the officer first giving notice of the Mode of giving time and place of sale, by posting up a notification thereof in any town or plantation, in which the Clerk, Treasurer or any of the Directors of said corporation may dwell, thirty days at least before the time of sale, and also by causing an advertisement, expressing the name of the creditor, the amount of said execution, and the time and place of sale, to be inserted three weeks successively in some public newspaper, published in any county in which either of the aforesaid officers of said corporation may dwell, (if any such newspaper shall be there printed,) the last publication to be at least four days before the day of sale.

feet of such

SEC. 10. Be it further enacted, That in the sale of such Mode and ef franchise any person who will pay and satisfy said execution sale. and all legal fees and expenses thereon, in consideration of

Officer may

to purchaser.

being entitled to receive, to his own use, for the shortest period of time, all such toll as the said corporation may by law be entitled to demand and receive, shall be considered as the highest bidder, and the same shall be struck off to him accordingly; and the officer's return on said execution shall transfer to the purchaser all the privileges and immunities which by law belonged and appertained to said corporation, so far as relates to the right of demanding and receiving toll; and the said officer shall immediately after such sale, be augive possession thorized and empowered to deliver to said purchaser, posses. sion of all the toll houses and gates belonging to said corporation, in whatever county the same be situated; and the said purchaser shall thereupon be entitled to demand and receive to his own use, all the toll which may accrue, within the time limited by the term of his purchase, in the same manner, and under the same regulations, as the said corporation was before authorized to demand and receive the same: Provided however, That the said corporation shall in all other respects, retain the same powers, be bound to the discharge of the same duties, and liable to the same penalties and forfeitures as before belonged to and were required of them by law; And Provided also, That if the said corporation shall, at any time within three months from the time of such sale, pay over or tender to said purchaser such sums of money as he may have paid in satisfaction of said execution with twelve per cent. interest thereon, in addition to the toll which he may have received, then the said franchise, and all the rights, on what terms. privileges and immunities thereof, shall revert to said corporation, and shall in all respects belong and appertain to them, as if the same had not been sold as aforesaid.

Corporation may redeem within three months

Warrant of dis

sued against

SEC. 11. Be it further enacted, That whenever any damages tress may be is have been, or may hereafter be assessed to any person or corporation for body politic, either by the report of a committee, or the verdamages assess dict of a Jury, for any injury sustained in his or their propsee or Jury-erty, by the doing of any of the corporations aforesaid, and

ed by commit

the said damages shall remain unpaid for the space of thirty days after the final acceptance of such report or verdict, such person or body politic, upon petition to any Court, by which such report or verdict was accepted, shall be entitled to a warrant of distress against said corporation, for the damages so assessed and the interest thereon, together with his or their to be served as reasonable costs; and the officers to whom such warrant of distress may be delivered, may proceed to execute the same in the same manner as is herein before provided for the levying and satisfaction of executions.

executions.

vendue may be

SEC. 12. Be it further enacted, That the officer who may In certain cases levy any execution or warrant of distress by virtue of the adjourned ten ninth, tenth, eleventh and thirteenth sections of this Act, shall be authorized to adjourn the vendue from time to time, not exceeding ten days at any one time, until the sale shall be completed.

days.

banks may be

tion after no

Officer

give

SEC. 13. Be it further enacted, That the lands, tenements Real estate of or hereditaments of any bank already incorporated or which sold on execu may hereafter be incorporated by law, may be taken in exe- tice, &c. cution, and sold at public vendue to the highest bidder; and in every such case, the officer who shall levy such execution shall be empowered to execute to the purchaser a good offer may deed or deeds of any such lands, tenements or hereditaments, having first given notice of the time and place of sale at least fourteen days previous thereto, in two or more public Mode of notice places, in the town or place where such lands or tenements lie, as also in two adjacent towns; and all deeds and conveyances of any such lands, tenements or hereditaments duly executed as aforesaid, shall be good and effectual in law to transfer to the purchaser, his heirs and assigns forever all the right, title and interest therein, which belonged to said corporation; any law, usage or custom to the contrary notwithstanding.

mortgaged to

sold in same

SEC. 14. Be it further enacted, That all the right, title, Real estate claim and interest of any bank now incorporated, or which banks may be may be hereafter incorporated by law, in any lands, tene- manner. ments or hereditaments, which has been or shall be mortgaged for security of any debt due or assigned to such bank, shall be liable to be seized on any writ of execution issued on any judgment, rendered, or which may hereafter be rendered by any Court of law within this State, and sold at public auction, in the same manner as is prescribed for the sale and conveyance of the real estates of such banks in this

Act.

cured by such

pass by the of

the estate.

SEC. 15. Be it further enacted, That any debt secured by The debt se such mortgage, and due to such bank at the time of the sale mortgage shaft of such mortgage, shall pass by the deed of conveyance exe-ficer's deed of cuted by the officer who shall serve such writ of execution, and be completely, and to all intents and purposes transferred to, and vested in such purchaser; and such purchaser, or his legal representatives may in his own name maintain any action proper to recover such debt, or to obtain possession of such lands, tenements or hereditaments, which might have been maintained in the name of such bank, had no such sale been had; and the copy of such mortgage deed duly certified by the Register of Deeds for the county or district where such lands are situated, and where such mortgage deed shall be recorded, shall be considered prima facie evidence of such mortgage deed, and of the note or other obligation on which such mortgage is founded, and that the same were remaining due and unsatisfied at the time of the trial of such action; and it shall be the duty of the Cashier or Clerk Cashier or of such bank, on reasonable request, to furnish such officer, Clerk to give who shall serve such execution, or the judgment creditor, copy of the with a certified copy of such note or other obligation, togeth- and sum due on er with a copy of all the endorsements thereon, and a state

note, bond, &e

it.

After notice to bank of such

to be valid, exexpt, &

ment of all such payments as shall have been made thereon by such debtor; and whenever such debtor shall have paid to such purchaser the amount due on such note or obligation, he shall be forever discharged from such note or obligation.

SEC. 16. Be it further enacted, That no gift, sale, transfer, seizure, &c. no conveyance or endorsement of such note or mortgage, made sale or transfer by such bank, after notice to such bank and such debtor of the seizure thereof, on execution by such officer for the purpose of sale under this Act, shall have any validity, force or effect against such purchaser under such sale at auction, but the same shall be adjudged null and void, except only between such bank and such person to whom such bank shall make such gift, sale, transfer, conveyance or endorsement, their heirs, executors, administrators and assigns.

Equities of redemption may

cution.

Mode of giving notice.

SEC. 17. Be it further enacted, That all rights in equity be sold on exe of redeeming real estate mortgaged, shall be liable to be tak en in execution upon judgment for the payment of the just debts of the mortgager or owner, and the officer having such execution is hereby authorized to make sale of the same at public vendue, and to make, execute, acknowledge and deliver to the highest bidder good and sufficient deed or deeds of any estate so sold, in manner as is hereinafter expressed. And the officer shall give notice in writing, of the time and place of sale to the debtor in person, or by leaving the same at his last and usual place of abode, and public notice of the said time and place of sale, by posting up notifications thereof in two or more public places in the town or plantation in which such mortgaged estate is situated, and also in one or more public places in two adjoining towns, thirty days at least before the time of sale; and further shall cause an advertisement of the time and place of sale to be published three weeks successively before the day of sale in some public newspaper printed in the county in which such real estate lies, if any such newspaper shall be there printed, and the notifications aforesaid, being given or posted up within the space of thirty days after judgment given, whereon such exeAttachment to cution shall issue, the attachment shall hold the equity athold until sale. tached as aforesaid, until the levy of such execution can be completed in manner hereinafter described. And in case the estate notified for sale as aforesaid, shall not be disposed of be adjourned at the time and place-appointed, the officer shall adjourn the vendue, not exceeding three days, and so from time to time Disposal of sur until the sale shall be completed. And the surplus monies, (if any there shall be,) arising from such sale, beyond satisfying the debt, costs and necessary intervening charges, the

Auction may

three days.

plus.

Deeds of effi

officer shall return to the debtor.

SEC. 18. Be it further enacted, That all deeds made and cers to be ef executed as aforesaid, shall be as effectual, to all intents and purposes, to convey the debtor's right in equity aforesaid, to

fectual to pass

the right.