E. LOUIS LOWE, ESQUIRE, GOVERNOR.
649
or Easton, on the _____ Monday of next _____
to show if any thing they know or have to say why
the said sum of ______ should not be levied on
the said building for the use of the said ______,
according to the form and effect of the act of Assembly
in such case made and provided, to them it shall
seem expedient, and have you then and there this
writ. Witness, and so forth.
|
|
SEC. 8. And be it enacted,
That the writ of scire
facias aforesaid, shall be served in the same manner as
summons upon the defendant therein named, if he can
be found within the counties aforesaid, and if he cannot
be so found, then it shall be the duty of the sheriff to
affix a copy of said scire facias upon the door or other
front part of the house against which the claim is
sought to be recovered.
|
Writ—how
served.
|
SEC. 9. And be it enacted,
That it shall also be
the duty of the Sheriff to whom any such writ of scire
facias may be directed, to give notice thereof to all
other claimants and persons interested, by advertisement
in one or more newspapers published in the town of
Cambridge and Easton, at least ten days before the
return of the writ.
|
Sheriff to give
notice.
|
SEC. 10. And be it enacted,
That upon the return
of such writ, it shall be lawful for any other person or
persons, having filed his or their claim, as aforesaid, to
cause to be entered on the record of the same suit, a
suggestion, setting forth the amount and nature of his
demand, and thereupon he may have a rule upon the
defendant to appear and plead thereto, as in other cases.
|
Other persons
having claims
may enter
suggestion.
|
SEC. 11. And be it enacted,
That if the defendant
shall appear and plead to such suggestion and issue,
either in fact or law, be joined upon any plea, such
particular issue shall be tried and determined as in
other cases; if the defendant shall not plead to such
suggestion, after due notice, judgment shall be entered
for the claimant filing the same, and the amount of the
claim shall be ascertained as in other cases.
|
To be determined
as in
other cases.
|
SEC. 12. And be it enacted,
That the execution
for every judgment rendered in virtue of this act, shall
be by writ of fieri facias, in which the sheriff shall be
directed to levy the same upon the house and lot particularly
referred to and mentioned in the proceedings
thereof.
|
Writ of fieri
facias.
|
SEC. 13. And be it enacted,
That if the proceeds
of such buildings and ground, as aforesaid, shall not be
sufficient to pay the full amount of all debts due as
aforesaid, for work done, and materials furnished, after
|
Insufficiency
of proceeds.
|
|
 |
