Rutland herald. [volume] (Rutland, Vt.) 1823-1847, 1839-12-09


80. No person after the setting Of the
sun on the day preceding the frs, day Of the
week, until after the hour of twelve ut nighi
on such first day Of the week, shall serve or
execute any writ, process, warrant dccrcs
Except escape warrants, and warrants flr
npprchondIng the principal IN favor OF bail,
aud IN eases Of treason, felony, and breach
cs OF the peace but the service thereof
: shall be null aud void IN every respect.
40VIhe supreme and county courts. re-
spcctively, may issue execution IN due form
of law on every final Judgment rendered by
such court. which shall be made returnablc
within sixty days from the date thereof, or
at the next term of such court, Of not less
than sixty days or at the election of the
party.
Al. No execution shall issue on any iudg-
ment rendered b,-cither of the courts siore-
SAID until twenty-iour hours after the ris-
ing of the court, unless by special permls'
sion of said court.
-. The name of an attorney of record
for the plaintiff, ond for the defendant, if
any, shall be endorsed on the bnck of eve.
ry such execution, 10y the officer signing
tho same.
43. If the writ and declaration in any
action pending in the supreme or county
court shall be lost msiad or destroyed,
such court. on a written motion for that pun
pose may order declaration TO be filed IN
such action, under such regulations as such
court shall prescribe, and the same pro-
cecdlngs shall be had on such declaration
as though il was the original writ and decla.
ration IN such action, but if the plaintiff re-
fuse to file declaration in such case, the
court shall direct n non-sut in such action,
AID tax costs for The defendant.
~. If real or personal estate shall have
been attached on any writ so lost, mislaid-
or destroyed, the plaintiff may secure GER
tilted copy Of such writ, declaration and Of
ficcr's return thereon, from the town clerk
in the town IN which such estate was attach
ed, and cause the same to be filed in such
court, and the same proceedings shall be
had on the certified copy, aud the estate so
attached shall be held to respond the judg-
ment in such action, in the same manner as
though the original writ, declaration and re-
turn were in court.
As. 1t shall be the duty Of the clerk Of such
court TO make record of all such written
motions and orders OF the court, and he
shall receive such compensation therefor as
the court shall direct to be paId by the par
ty making such motion.
DO. When any goods or chattcls are at
tachcd on mcsne process, whether on one
or more writs and the debtor and the at
tachng creditors shall consent IN writing to
the sale thereof, the attaching officer shall
sell the same, in the manner prescribed by
law for selling the like property on exccu-
ton, and the proceeds Of the sale, after de-
Quoting the necessary charges thereof, shall
be held by the officer subject 10 the attach
ment or attachments, and shall be disposed
of in like manner as the said property would
have been held and disposed OF, if it had
remained unsoId.
n. No creditor by attachment, after
such property is advertised for sale, shall
have the right 10 prevent the sale thereof.
but the property may be charged, by attach
ment or execution put into the hands Of the
officer holding such property. in like nun
ncr MS If the same was not advertised for
sale and the proceed Of the sale shall be held
by the officer subject to all the attachments
and executions IN his hands al the time OF
the sale against the owner OF such property.
AZ. When an attachment, is made of any
Z i've hhllHals, OF oi any Bpohs vi SIld ttcls
which are liable 10 perish or waste, or TO
be greatly reduced in value by keeping, or
which cannot be kept without great and dis
proportionate expense. and the parties shall
not consent 10 the sale ihercofas before pro.
ydcd, the property 50 attached shall, upon
the request of either Of the parties inicres-
ted therein, be examined aud appraised, and
! shall be afterwards sold or otherwise dispos-
ed of in the manner following.
( 40. Upon such application made by eth
or party to the officer attaching, he shall
give notice thereof to all the other parties
or their attorneys, aud shall prepare a sched-
/ uIc Of the goods and appoint three disinter.
esied persons acquainted with the natufe
aud value of such goods, 10 be sworn By
such officer, 10 the faithful discharge of thesg
duty, as appraisers in the case.
50. The appraisers shall examine the az.
,ached property, and If they shall be Of the
opinion, that Ihe same, or any part Thereof
is liable TO perish or waste, or TO be great
~ reduced IN value by keeping, or that il
cannot be kept without great and dispro-
pouionaie expense, they shall proceed 10