The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1854-12-06


amended as to read ms follows:
Whenever any writ shall issue as an
attachment against the body, MS is pro-
vidod in sections sixty seven and sixty
eight Of said chapter thirty -onc, the
debtor or defendant in said writ may. at
the time Of service thereof on his body
notify tho officer serving them samc.and
cause notice Immediately 20 be given to
the other party or his attorney. that he
will forthwith, on such notice being eit-
en-, appear and thcrcupon he may ap-
pear, or if the other party be not an in
habitant of this state, and no attorneys
name being endorsed on The back of said
writ, he may thcreupon appear without
no'ice, before the attorney signing such
writ, and submit himself to examination
On oath and witnesses. and other proofs
may be introduced by the parties in said
writ, or the question whether said debt
or or defendant is about to abscond from
the state, and has secreted about his
person or elsewhere money or other
property ; and if the authority signing
said writ shall not BE- of the opinion
that the said debtor or defendant is about
to abscond from the state, and has Sc
GREETED about his person or elsewhere
money or other property, such authority
shall so certify on said writ, and said
writ shall thereafter have the same force
and effect as if it had originally issued
as an attachment against the property,
and not against the body. Of said debtor
or defendant
Approved. Nouombor II. 1851.
No - An Act in relation to Liens
and Chattels Mortgaged.
IL IS hcrejy enacted LYMc Gcncrol
AsScmJ(Y Of tie .Slaic Of Vermont as
.t0l|O'rS:
Src. /. In all cases Of sales Of per.
sonal property where payment Of the
purchase money is by the contract Of
sale made condition precedent to the
transfer of the title, and where the prop
crty has in pursuance Of the contract
passed into the possession OF the vendec
and where the purchase MONEY shall have
been in part paii,any creditor of the ven
dee may attach or levy his execution up
on said property, and upon payment. or
tender, to the vendor, his agent or attor-
ncy. within ten days after such attach
mcnt. or levy, Of the residue of such
purchase money, remaining unpaid, may
hold the said property discharged from
the claim of such vendor thereon.
SEC. 2. The officer making such at
tachment, or lcvcy, shall hold and dispose
of the said property in the manner now
required by law in respect to personal
property attached or levied upon, and, if
the same shall be sold, under any Of the
statutes Of this state, the officer making
such sale shall first pay and satisfy to
the creditor the amount by him paid, or
rendered, to the said 7cndcr as provided
in section orc Of this act ard the residue
only shall be holden TO respond TO the
debt due to such creditor, for tho salts
faction of which the said property was
SO attached or levied upon
Src 3. If the said vendor shall
refuse TO receive the amount ten
dered to him, as provided in section one
of this act, and shall commence and
prosecute any suit on account Of such
attachment or lew the defendant may,
on the trial Of such suit, and under the
general issue. give such tender in evil
donce in bar Of such action, and on proof
thereof and payment OF the money ten
dered into court. he shall recover his
costs, unless it shall be made to appear
that the amount SO rendered was less
than the sum actually due to such ven
dor, as the residue ofsuch purchase mon
ey.
Sec. 4. This act shall not apply to.
or in any wise affect, any conditional
sale made prior to the first day Of JAN
uary. in the year Of our Lord eighteen
hundred and fifty-fve.
Approved, November 10, 1854.
No. l3.-An Act in amendment of Chap.
ter Sixty-oue Of the Compiled Stat.
u.es.
IL is hcrcjy enacted Gy tire Gcncra1
AsscAad|y Of the &atc Of Vermont. as
tol20wS:
SEC The provisions fsecton fourteen
of chapter siXty-one ofthe compiled stat
utcs shall not be construed to extend to
any cause of action, which accrued in ans
other state, or government when the par
ties thereto, at the time such cause of
action accrued, were resident of any
other state, or government: Pr0riHci,
that this act shall hot affect any suits
now pending
Approved, November 10, 1854.
No li-An Act in amendment of Chap,
ter Sixty-onc Of the Compiled Stat
utes
II as hereby cnoctcd By lie Gc"crai
assembly Of The state ef Vermont, as
toilotrS:
Sec. / Nothing contained in any
statute of limitations shall extend to
any lands given, granted, seqnestered or
appropriated to any public, ricus or
charitable use, or to any lands belong
ing to this state; and any proper action
for the recovery of such lands may be,
at any time hereafter, commenced and
prosecuted to final judgment and rccov-
cry Of possession
SEC 2. The fourth section Of .ehap,
Ter eizty-ono of the compiled statutes is
hereby repealed,
SIC. g. This act shall take effect
from its passage, but shall not apply to
or in any manner affect any suit now
pending, or any rights of the parties
therein, or any right OF interest which
has already aceured and become perfect.
ed under the laws Of this state. which
this statute is designed to modify or re
peal.
Approved, Novembcr'll, lsjI