Title LIV, Executions, Levies, Bail, and the Relief of Poor Debtors

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 the executions is delivered and the other shall be tendered, and the officer shall return both executions satisfied, so far as the setoff w…

Whenever proceedings in the levy of an execution on real or personal property are stayed by injunction the lien then existing shall continue until the expiration of thirty days after the injunction is dissolved.

If proceedings in such levy are begun before injunction they may be resumed within said thirty days and completed, or new proceedings may be begun within that time and completed in the same manner as if the judgment had been rendered at the time of the dissolution.

The officer executing a writ of possession shall cause it, with his return thereon, to be recorded at length in the registry of deeds of the county, and to be returned to the office of the clerk of the court to which it is by law returnable.

Executions issued by the superior court may be made returnable at any return day within six months from date of issuance.

He may add the fees paid to the recording officer to his own fees upon the writ of possession.

The superior court, on application and notice to the debtor may order the return day of an execution issued by the court to be changed to any subsequent return day as justice may require; which order shall be recorded upon the clerk's record of the judgment and execution.

Executions issued by municipal courts shall be returnable within ninety days from their dates.

Executions may be issued at any time within two years after judgment rendered, or after the return day of the former execution, provided, however, that when real or personal property is attached executions against such real or personal property may be issued at any time within si…

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

When the plaintiff in any action pending in any court in this state, in whose favor judgment shall have been rendered, shall decease before an execution shall have been issued from such court, the clerk thereof shall issue execution to the executor of the will, or administrator o…

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

Money may be taken on execution, and paid to the creditor; bank notes and other evidences of debt, issued by any moneyed corporation and circulated as money, may be taken on execution, and paid to the creditor at their par value, if he will accept of them; otherwise they may be s…

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

Pews or seats in meeting-houses may be taken, advertised and sold on execution in the same manner as other personal property, except that if there has been no previous attachment the debtor shall be notified by the officer of the time and place of sale of the pew or seat, by givi…

The franchise of a corporation authorized to take tolls may be taken and sold on execution at auction, the officer giving notice of the time and place of sale by posting a notice thereof at any tollhouse at which such tolls are or have been usually taken, and by causing a like no…

The person who will pay the 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 tollhouses and gates of the corporation, to …

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

The shares or interest of a person in any corporation may be taken on execution, in the same manner that they may be attached.

Notice in writing of the time and place of sale of such shares or interest shall be given by the officer to the debtor, or shall be left at his abode, and shall be posted at one or more public places in the town where the sale is to be, and in two adjoining towns, thirty days bef…

If the debtor does not reside in the county the posting of such notice as prescribed in the preceding section, and the publishing of such notice in some newspaper, if any, in the county, otherwise in an adjoining county, three weeks previous to the sale, shall be sufficient, with…

The officer shall cause an attested copy of the execution and of his return thereon to be filed with the clerk, treasurer, assistant-treasurer or cashier of the corporation, and shall pay for the recording thereof.

The purchaser shall thereupon be entitled to such shares or interest, and the income or dividends which have become due thereon since the attachment, and to such certificates as are the usual evidence of the shares or interest of a proprietor in the corporation.

Goods and chattels taken on execution shall be safely kept by the officer, at the expense of the debtor, 4 days at least; shall be advertised for sale by posting notices of the time and place of sale at 2 of the most public places in the town where the sale is to be 48 hours befo…

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 attachment or execution against any person interested in the corporation, give to the officer hav…

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 discharge of his duty he shall…

The owner may redeem any goods and chattels before the sale, by satisfying the execution and the officers' fees and charges.

The money arising from the sale of unencumbered personal property under RSA 528:2 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 …

The officer shall make return of the execution according to its precept, with his doings thereon, describing particularly the goods and chattels taken and sold, and stating the sum for which each article was sold.

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

The officer may adjourn any sale under this chapter from time to time, not exceeding ten days at one time or sixty days from the seizure, giving the same notice of each adjournment as of a sale.

Personal property subject to mortgage, pledge, security interest or lien may be taken on execution in the same manner that 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 accoun…

The proceeds of any sale conducted under this chapter of personal property subject to mortgage, pledge, security interest or lien shall first be applied to pay the sum paid or tendered to the mortgagee, pledgee, secured party or holder for satisfaction of the debt or debts secure…

All real estate, except the homestead right, may be taken on execution, and may be appraised and set off to the creditor at its just value in satisfaction of the execution and the cost of levying, except in cases where a sale of it is authorized by RSA 529:19.

In either of the cases aforesaid the whole of the property, of which a part is set off, shall be described by metes and bounds or other distinct description.

If a debtor is seized of a rent or of the income of 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 t…

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 the execution and return to be recorded at length in the registry of deeds of the county, and to be returned to the o…

Subject to the provisions of RSA 529:29, all the debtor's interest in such real estate shall pass by the levy as against all persons, if the levy is recorded as aforesaid on or before the return day of the execution; otherwise only as against the debtor and his heirs until such r…

The extent shall be void if, within one year from the return day of the execution, the debtor shall pay or tender to the creditor the sum at which the real estate was set off, and all reasonable sums paid by him for taxes, insurance, repairs and improving the estate, with interes…

Whenever the sum at which the real estate was set off is larger than it should have been by reason of an error, made without fraudulent intent, in computing the debt or damages or the taxable costs mentioned in the execution, or interest or the officer's fees in making the levy, …

In case of such error, if the debtor redeems by paying the sum at which the estate was set off, or if he does not redeem within a year, he may recover of the creditor the sum required to correct the error, with interest thereon from the date of the levy, in an action for money ha…

In case of such error either party may apply by petition to the superior court to have its amount determined; and the court, after notice and hearing, shall determine it, and may issue execution therefor and for costs in favor of the debtor against the creditor.

Upon payment of the sum erroneously included in the levy, with interest from the date of levy and the costs allowed by the court, if any, the title to the real estate under the levy shall be relieved from any defect resulting from the error.

A right of a debtor to redeem mortgaged real estate, or to redeem any right or interest in real estate, or to receive a conveyance of real estate on performance of a contract relating thereto, and terms for years, may be taken on execution, and may be sold at auction and conveyed…

The officer levying the 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, resident in the county, and shall be sworn by a justice impartially to appraise such real estate…