Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1839-12-06
so, They shall examine the attached

SO, They shall examine the attached
property, and, IL they shall be Of the op'n-
ION, that the same, or any part thereof is
liable to perish or waste, or 10 be greatly
reduced IN value by Keeping, or that It
cannot be kept without great and dispro
portlonale expense, they shall proceed to
appralse the same according to their hes,
skill and judgement, at the value thereof
in money, and tho goods shall thereupon
be sold by the officer, and the proceeds
thereof shall be held and disposed Of in the
manner before provided in case Of q sale
by consent Of the parties, unless the goods,
shal be taken by the defendant as provl-
ded in the following section.
81. The goods so appraised shall be de-
livered to the defendant il he require 1t.
upon his depositIDg with the attaching
| officer he appraised value thereof ~ mon.
ey, or giving to such officer satisfactory
security for the payment Of such appraised
value OF the goods, or to satisfy all such
judgments as shall be recovered in the
suits in which the goods were attached,
| if demanded within the time during which
| the goods would have been held by the
| respective attachments, and TO indemnify
|
that he may sustain ifsuch payment is moi,
made within the time aforesaid.
SO. The attaching officer in such case
shall be accountable to the attaching cred
| it0r, for the appraised value only. of the
goods so dellved TO the debtor.
| Absent defendan, and writ Of reuie,o.
SO. If the purity against whom any suit
shall be brought before the supreme or
county court, shall be absent from the stale
at the time of the service Of the writ, and
shall not return within the same, before
! the time of trial. such court shall unless
such party had notice Of the service of the
writ twelve days before the sitting Of the
court. continue the cause add order notice
to be given to the absent defendant, by
| publication in some public newspaper, TO
be Designated by snch court.
50, In all cases against such absent de
fcndant, when judgment shall be rendered
upon default without proof Of personal
| notice, execution or writ Of possession
| shall not issue until the plaintiff, his agent
or attorney, shall have given bond by way
Of recognzance, with sufficient surety, ia
be taken by the clerk Of the court IN which
such judgment shall have been rendered,
IN double the value of the estate or sum OF
money recovered by such judgment, to pay
such sum as shall be recovered by such
absent defendant by writ Of review, and
The surety aforesaid shall be no further
answerable than for the recovery which
| shall be had upon such writ.
So. The defendent, aga inst whom jndg
ment shall have been rendered by default
without notice Us aforesaid, may at any
time within three years from the time Of
rendering such judgment, bring his writ o
review before the same court that rendered
such judgment and upon such writ beng
returned in court. the original judgmeD,
shall be vacated. iflt is in no part satisfied
Or if it was for The recovery of real estate
Sc. the original judgment has beer
| fully satisfied, the same shall be affirmed
81. II such judgment has been in part
satisfied, the same shall be affirmed for &C
much as is satisfied, and reversed for the
ba ance.
So. the court shall then proceed to try
and determine the original action in he
same manner as if there had been no judg
ment rendered. and If the original plant f
has recovered and collected on the judg
ment more than was his due, judgment
shall be rendered for the original defendant
to recover such sum. with interest, and hi,
reasonable damages with costs, otherwise
such judgment shall be rendered as TAI
nature of the case shall require.
SO. The writ of review shall be suet
out and served in the same manner a
original wrls.
GO. Upon every judgment rendered upor
a writ Of review, The court shall have powe
TO allow or deduct costs between the par
ties as the equity of the case shal demand
and either party shall be entitled 10 a re
view Of the same Us if no previous judg
mcnt had been rendered.
81. In all cases when an action be bro
on any judgment rendered by defaul
against such absent defendant. with u
proof of personal notice, it shall be Lawful
Tor the defendant to plead or give 10 evl
dence any mut'er or thing, whloh he nigh
have done IN the original Bcion.
Imprisonment Of debtors.
CO. No female shall be arrested or i'm
prsoned by virtue of any mesne process
which sha issue IN an action founded OF
contract. nor by virtue Of any execution
which shall issue on judgment recovere,
in any such acton.
60 No person, who is a resident cti
E zen of this state, shall be arrested or i'm
prlsoned by virtue of any mesne process
which shall issue in an action founded on
contract. express or implied, made or Ell
, tered into after the first day Of January
q IN the year one thousand eight hundre
and thirty, nor by virtue of an eXcu,io
issued on judgment recovered in an &C
ton founded on any such contract. Pro
\ vlded, that if the plaintiff praying out
writ on any contract made after the frs
. of January 1889, shall file with The au
lhurly issuing such writ, an affidavit stat
@ ing that he has good reason to believe an
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