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the defendant or defendants who may deem themselves thereby
aggrieved, shall give notice to the sheriff, constable, or other of-
ficer levying such execution, he shall thereupon return the sche-
dule to the court or justice of the peace, an the case may be, is-
suing such execution, and the court or justice of the peace, upon
the return of such schedule, shall have power to inquire into the
said complaint, and if the court or justice, as the case may he,
shall he of opinion that the sheriff, constable, or other public of-
ficer, has not left in the hands of the defendant or defendants,
bed, bedding, wearing apparel, or other necessary articles of
house-keeping, to the amount and value of fifty dollars, they shall
order and appoint such articles to be delivered out of the schedule,
to the defendant or defendants, to make up the sum of fifty dol-
lars; and if any plaintiff or plaintiffs, at whose instance the ex-
ecution shall be Ievied, shall think himself aggrieved by the she-
riff, constable, or other public officer, leaving in the hands and
possession of the defendant or defendants to a greater amount
than the sum of fifty dollars, he, she or they, may require the
sheriff, constable, or other public officer, to make return of a
schedule of the articles so left in the hands and possession of the
defendant or defendants, to the court or justice of the peace, is-
suing the execution, and if the court, or justice of the peace, as
the case may be, shall he of opinion that the sheriff, constable, or
public officer, hath left in the hands of the defendant or defen-
dants, property to a greater amount than fifty dollars, the court,
or justice, as the case may be, may order and direct the sheriff,
constable, or other officer, to take in execution a further part of
the property contained in the schedule, so as to leave in the hands
and possession of the defendant or defendants to the amount of
fifty dollars, and no more.
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CHAP. 198.
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2. And he it enacted, That wherever a distress shall be levied
for rent hereafter to become due, it shall be the duty of the per-
son levying the distress, to leave in the hands and possession of
the tenant or tenants, bed, bedding, wearing apparel, and other
necessary articles of house-keeping, to the amount of fifty dol-
lars; and if any distress shall be levied, and the tenant shall deem
himself aggrieved thereby, he, she or they, may apply to two jus-
tices of the, peace at any time before the sale of the property,
who shall give five days notice to attend at a time and place fixed
in the notice, and upon hearing the allegations of both parties, and
if it shall appear to them that the distress has not been levied ac-
cording to the provisions of this section, shall order and direct so
much of the property aforesaid to be returned to the defendant,
as will, together with the property left by the landlord in the hands
of the tenant, make up the sum of fifty dollars.
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Person levying
distress for rent
to leave in hands
of tenant, bed, &c.
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