Vermont telegraph. [volume] (Brandon [Vt.]) 1828-1843, 1839-12-11

dered bv such court, which shall be made
returnable within sixty days from the date
thereof, or at the next term of such court,
(f not less than sixty days,) or at the cleo
ton of the party.
Al. No execution shall issue on any !,
Judgment rendered by either of the courts
aforesaid, until twenty-four hours after the
rising of the court unless by special per-
mission of said court.
| A. The name of an attorney of record |
for the plaintiff, and for the defendant, if
any, shall be endorsed on the back of e,-
cry such execution, by the officer signing
tie same.
43. If the writ and declaration in any
action pending IN the supreme or county
court shall be lost, mislaId or destrcved,
such court, on a written mo'ion for that
purpose, may order declaration 10 be FL
ed in such action, under such regulations
as such court shall prescribe, and the same
proceedings shall be had on such decar.
alton as though it was the original wit
and declaration in such action, but If tie
plaintiff refuse TO file declaration in such
case, the court shall direct a non suit in
E such action. and TAX costs for the defend
aut.
A Ifreal or personal estate shall have
been attached on any writ so lost, misiaid,
f or destroyed, the plaintiff may secure a
certified copy of such writ, declaration,
and officers return thereon, from the
town clerk 10 the town in which such es-
tate was attached, and cause the same to
De hied IN such court, and the same pro-
ceedlngs shall be had on the certified copy,
and the estate so attached shall be held to
respond the Judgment in such action, in
the same manner as though the origi nal
, writ, declaration and return 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 party making such motion.
40. When any gools or chatteIs are al
] tached on mesne process. whether on one
or more wits, and the debtors and the at
, tachlng CREDITORS shall cons mt in writing
to the sale thereof, the attaching eff er
, shall sell the same, In the manner pre-
y scrlbed by law tor selling the like proper
ty on execution, and the proceeds Of the
S lie, after deductlug the necessary char
ges thereof shall be he'd by the Officer
suhjert to The attachment or attachments
, and shall be disposed of in like manned
as the said property would have beer
;. held and disposed Of if it had remained
Il unsrd.
:, Al. No creditor by attachment, after
such property is advertised for sale, shall
have right to prevent the sale thereof
: but The property may be charged, bv at
u tachment or execution put into the hands
o of the officer holding such property, in
like manner as II the same was not aiver.
IS used for sale, and the proceeds of the sale
IL Shall be held by the officer subject to all
T. the attachments and executions in his
II hands at the time of the sale against the
r owner of such property
AZ. When an attachment is made oil
any live animals, or of any goods or
J. chattels which are liable TO perish or
f. waste or to be greatly reduced in value
o by keeping, or which Cannot be kept
: without great or disproportionate expense,
Il and the parties shall not consent TO the
e sale thereof as before provided, the prop
n erty so attached shall, upon the request Of
: either of the parties interested therein, De
, examined and appraised, and shall BIZ af.
n forwards sold or Otherwise disposed of in
: the manner following.
= 40. Upon such application made by Ell
1t Their party to the officer attaching, he
e shall give notice thereof to all the other
parties Or their attorneys and shall pre-
n pare schedule of the goods and appoint
n three diSinterested persons, acquainted
fl with the nature and value of such goods.
g to be sworn by such officer, to the faithful
9 discharge Of their duty, as appraisers in
e he case
h so The appraisers shall examine the
n altac he'd property, and, if they shall be
n OF the opinion, that the same, or any
h part thereof is liable 10 perish or vase,
: or to be greatly reduced in value by
keeping, or that it cannot be kept without
r great and disproporliona,e expense, they
0 shall proceed 10 a?praise the same accord
It Ing TO their best skill and Judgment, at
the value thereof in money. and the
: goods shall thereupon be sold by The off.
$ Ger, aud the proceeds thereof shall be
= held and disposed OF in the manner be-
fore provided in case of a sale by consent
of the parties, unless the goods shall he
taken by the defendant, as provided in the
) following section.
( ITO be contimued.)