10. At the request of either party interested, the officer shall give notice of the time and place of the appraisal, with the names of the parties to the action, and of the supposed owner of the property, by posting notices thereof in two or more public places in the town where it was attached, or by giving personal notice thereof to all parties to the suit in which it is attached, four days at least before the appraisal. He shall prepare a schedule of the property, and cause three disinterested appraisers, acquainted with the nature and value of such goods, to be appointed, one by the creditor, one by the debtor, and one by himself; and if the creditor or debtor neglects to appoint one, he shall appoint one in his behalf.30

(s) A sale of property before four days from the time of appraisement is unauthorized.31

11. The appraisers shall be sworn by the officer without fee, or by a justice of the peace, or trial justice, and examine such property; and if, in their opinion, any part of it is liable to perish, be wasted, be greatly reduced in value by keeping, or kept at great expense, they shall appraise it at its value in money.

32

12. Thereupon, at the request of the debtor, the property shall be delivered to him, on his depositing with the officer the appraised value thereof in money, or giving bond to him with two sufficient sureties, conditioned to pay him said value, or satisfy all judgments recovered in the suits in which the property is attached, if demanded before the attachments expire, or within thirty days after the time when the creditors might demand payment out of the proceeds of the property if sold as hereinafter provided; and he shall return such bond with the writ on which the first attachment is made, with a return of his doings in relation thereto.3

33

(t) A mere offer, by the debtor, to have an appraisement of attached property, without any further steps taken by him, is insufficient to impose any duty upon the officer.34

(u) A vessel on the stocks attached on a writ against the owner may be restored to the debtor, upon his giving bond to account for the value ascertained by the appraisal. When such

30 R. S. c. 81, § 30.-31 Knight v. Herrin, 48 Me. 533.—32 R. S. c. 81, § 31.—33 R. S. c. 81, § 32.34 Moulton v. Chadbourne, 31 Me. 152.

vessel and the spars belonging to the same are thus attached, and the same are subsequently attached, together with additional articles, by the same officer, upon a writ in favor of another creditor, such additional articles, before they can be restored to the debtor, must be appraised and bonded separately from those attached on the former writ.35

13. If the bond is forfeited, any one or more of the creditors may bring an action of debt thereon in the name of the officer, and shall indorse their names on the writ. If judgment is for the defendants, execution for cost shall be issued against them jointly, or one against each for his proportion, as the court thinks just. If judgment is for the plaintiffs, the money recovered shall be applied to pay their necessary expenses in prosecuting the suit, not reimbursed by costs recovered of the defendants; and the residue belongs to the attaching creditors according to their priorities; but no execution shall be awarded for the use of any creditor, without reserving what may be due on any prior attachment, whether the creditor therein is a party to the suit on the bond or not.3

14. An attaching creditor not a party to such suit, on his motion before final judgment therein, may become a party on such terms as the court orders, the same as if he had been a party originally; and his name shall then be indorsed on the writ; or he may bring scire-facias on the judgment and recover the sum due him on the bond. But no creditor whose cause of action on the bond accrued more than a year prior to the suit thereon, shall have judgment or execution therein; nor bring such scire-facias unless within a year after the cause of action accrued.$7

15. If such property, after its appraisal, is not delivered to the debtor as aforesaid, the officer shall sell it, make return of all his doings relating thereto, and hold and dispose of the proceeds as in a sale by consent.

38

16. The proceeds of such property sold by consent or after an appraisal, may be further attached by the officer as the property of the defendant while remaining in his hands, and held and disposed of as if the property itself had been attached; but after retaining enough to satisfy

35 Snow v. Cunningham, 36 Me. 161.-36 R. S. c. 81, § 33.-37 R. S. c. 81, § 34. 38 R. S. c. 81, § 35.

all attachments existing thereon at any time, nothing herein shall prevent his paying the surplus to the debtor.3

(v) If, in making the appraisement or sale, the officer does not substantially comply with the requirements of the statute, the proceeds are not attachable, as they are not the proceeds of a sale contemplated by the statute.40

17. When goods which are sold or appraised, and delivered to the debtor in the manner before provided, have been attached by several creditors, any one of them may demand and receive satisfaction of his judgment, notwithstanding any prior attachments, if he is otherwise entitled to demand the money, and a sufficient sum is left of the proceeds of the goods, or of their appraised value, to satisfy all prior attachments.4

41

18. When personal property, attached on mesne process, is claimed by a person not a party to the suit, he may replevy it in ten days after notice given him therefor by the attaching creditor, and not afterwards; and after that the attaching officer, without impairing the rights of such person, at the request and on the responsibility of the plaintiff, and with the consent of other attaching creditors, if any, may sell it at auction as on execution, unless the debtor claims it as his, and forbids the sale.12

HOW PROPERTY OF PART-OWNERS ATTACHED MAY BE DISPOSED OF.

19. When personal property is attached in a suit against one or more part-owners thereof, at the request of another part-owner, it shall be appraised as hereinbefore provided, one appraiser chosen by the creditor, one by the officer, and the other by the requesting part-owner; and thereupon it shall be delivered to such part-owner on his giving bond to the officer with two sufficient sureties, conditioned to restore it in like good order, or pay the appraised value of the defendant's share therein, or satisfy all judgments recovered in the attaching suits, if demanded within the time it would be held by the attachments. Such bond shall be returned with

39 R. S. c. 81, § 36.-40 Everett v. Herrin, 48 Me. 537.-41 R. S. c. 81, § 37.—42 R S. o. 81, § 38.

the writ with the doings of the officer thereon, and if forfeited, the like proceedings may be had as are provided in section thirty-three, c. 81, R. S.48

(w) When personal property owned by tenants in common is attached in a suit against one of them, and another part-owner does not request an appraisal as provided in the preceding section, the attaching officer is entitled to the possession and control of the whole during the pendency of the attachment; but on the levy of the execution he can sell only the share or interest of the judgment debtor, and the purchaser can acquire only the right of a part-owner.**

(x) The share of one of several co-partners in the goods of a firm, may be attached and sold on execution for his individual debt; and, as incidental to this right, the officer may sell his interest only, but deliver the whole of the goods seized to the purchaser. 45

20. If any part of such appraised value is so paid, the defendant's share of the property shall thereby be pledged to the party paying; and if not redeemed, he may sell it, and account to the defendant for the balance, if any; but if the attachment is dissolved, he shall restore such share to the defendant or to the attaching officer for him.46

ATTACHMENT OF PROPERTY MORTGAGED OR PLEDGED.

21. Personal property not exempt from attachment, mortgaged, pledged, or subject to any lien created by law, and of which the debtor has the right of redemption, may be attached, held, and sold as if it was unencumbered, if the attaching creditor first tenders or pays the mortgagee, pledgee, or holder, the full amount unpaid on the demand so secured thereon.47

(y) Prior to the enactment of the statute of 1859, c. 114, substantially comprising the three following sections, mortgaged personal property could not be legally attached, until after tender of payment of the mortgage debt. 48

22. When personal property, attached on a writ or seized on execution, is claimed by virtue of such mortgage, pledge, or lien, the claimant shall not bring an action against the attaching officer therefor, until he has

43 R. S. c. 81, § 39.-44 Rich v. Roberts, 50 Me. 395.-45 Moore v. Pennell, 52 Me. 162.-46 R. S. c. 81, § 40.-47 R. S. c. 81, § 41.-48 Barrows v. Turner, 50 Me.

given him at least forty-eight hours' written notice of his claim and the true amount thereof; and the officer or creditor may, within that time, discharge the claim by paying or tendering the amount due thereon, or restore the property.19

23. The officer may give the claimant written notice of his attachment; and if he does not, within ten days thereafter, deliver to the officer a true account of the amount due on his claim, he thereby waives the right to hold the property thereon; and if his account is false, he forfeits to the creditor double the amount of the excess, to be recovered in an action on the case.50

24. If the creditor redeems such property, and it is subsequently sold by the officer, he shall, from the proceeds, first pay to the creditor the amount with interest paid by him to redeem, and apply the balance, if any, to the debt on which it was attached or seized on execution.51

WHEN ATTACHING OFFICER DIES, IS REMOVED, OR PROPERTY ATTACHED BY HIM IS REPLEVIED.

25. Personal property attached by an officer and in his possession, and his claim for damages when taken from him, shall remain subject to such attachment in case of his death as if he was alive, and shall not be assets belonging to his estate.52

26. Such property, replevied from the officer, shall be liable to further attachments as if in his possession; and if there is judgment for a return in the replevin suit, the plaintiff and his sureties shall be liable for the whole property or its value, though some attachments were made after the replevin.53

27. If an attaching officer dies or is removed from office while the attachment is in force, whether the property was in his possession or not, it and its proceeds may be further attached by any other officer, the same as it might have been by the first officer. Such further attachments shall be made by a return setting forth an attach

40 R. S. c. 81, § 42.50 R. S. c. 81, § 43.51 R. S. c. 81, § 44.52 R. S. c. 81, § 45.-63 R. S. c. 81, § 46.