The Litchfield County post., 1828-07-03

| duu tO any AOA ohJ just cause, and to appoint another in his 1 stead.
 Sec.7. The fees to be allowed for services performed in pursuance of the ] provisions of this act, shall be the same as are prescribed. by law in like cases relating to the settlement of insolvent es- tates.
 May 28, 1828-Approved.
 An Act respecting Sales of personal prop
 erty attached. Sec. l. Be t enacted by the Senate and House of Representations in General As sembly convened, That whenever any per- sonal property, being in its nature perish- able, or being live stock, the custody and preservation of which would be expensive, is taken by attachment on civil process, issued upon any claim founded upon debt or contract, and helden by the officer who attached the same, the plaintiff or defend ant in the suit may apply to any Judge of the Superior or County Court, residing in the county where such property was att tached, to sell the same; and thereupon, after such reasonable notice to the adverse party as the said Judge shall direct, and upon satisfactory proof that such sale is ne- cessary and proper, such Judge may order the officer who attached said property to sell the same at public vendue, at such time and place and upon such notice as he may deem proper. And when the suit is not within the jurisdiction of Justice of Peace, said Judge may, at his discretion, direct said officer to deposit the avails of said sale with the Clerk of the Court to which said process is returnabDe, subject to the order of the Court which has final iu- risdiction of said cause. But the, defend ant may, at any time before the time of sale, replevy the property attached, not withstanding such order. .....
 Sec. 9. Whenever the plaintiff intends to make application for the sale of proper ty so attached, the property shall be appri- zed by three disinterested Freeholders of the town where the property was attached, to be chosen, appointed and sworn, and make their return to the officer in the same manner as appraisers of real estate taken by execution are bound to do, certificate of which appraisement, under their hands or the hands of either two of them, shall be presented to the Judge to whom the Plaintiff shall apply for an order of sale, and before any order shall be made upon such application of the plaintiff in the suit, the plaintiff shall give bonds with surety to the adverse party to the acceptance of said Judge,in sum equal .o double the amount of said property, conditioned, ,that he prss- ecute his action to effect, and pay all dam ages the adverse party may sustain by the sale of such goods at less price than their appraised value, with the interest thereof @a .a.s .ft.t ..u....
 Sec. 8. The fees to the Judge. for hear ing and deciding such application, and ta- king bonds thereon, when required, shall be one dollar, to be paid by the party ma king such application and the justice, ap- praisers and officer, shall be entitled to the same fees as they would have been entitled to for similar services on executions and the fees to the justice and appraisers shall be paid by the officer, and charged in his bill of fees, and the expense thus incurred by either party, shall be taxed as part of the costs of the case in favor of the success full party and the officer who serves said writ shall make return of what has been done in the premises, to the court to which said writ is returnable.
 Sec. 4. If the writ upon which such property was attached shall be decided in favor of the defendant, the money arising from the sale of the property attached shall be paid to the defendant. But if the suit is decided in favor of the plaintiff, the money so raised, or so much sthereof as will satisfy his claim. shall be maid to him.