Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1854-11-24
No. 1l=-AN ACT TO AMEND SECTION SEVENTY OF CIAPTEs
THIRTY ONE OF THE COMPILED STATUTES

to other party or his attorney that he will forthwith on
such notice being given appear and eeupon may appear
if the other party be nhabaut of this state and
attorneys being endorsed the back said writ he
hereupon appear without notice. before the authority
signing such writ and submit himself examination oath
and witnesses and other proofs may be introduced by the
parties in said writ the question whether said debtor
defendant about abcond from the state and has ecreed
about ms person or elsewhere money other property and
If the authority signing said writ shall not be of the opinion that
the said debtor defendant about abscond state
and secreed about his person or elsewhere money or other
property such authority shall certify on said writ, aud said
writ shall thereafter have the force and as it had
originally issued an attachment against the property and
not against the body, of said debtor defendant"
Approved November H. 1854
No. Ran ACT IN RELATION TO LIENS AND CHATTEIs
MORTGAGED.
II is hereby enacted by the General assembly Of the State
Of Vermont, as foilotoS
SEC In all of sales of personal property where
condition precedent the transfer of the title and where
the property has in pursuance of the passed into the
possession OF the vendee and where the purchase money shall
have been in part paid any creditor Of the vendee may attach
or levy ms execution upon said property and upon payment
tender 10 the veudo ms agent attorney within ten DAYS
after such attachment levy of the residue Of such purchase
money, remaining unpaid, may hold the said property dis
charged from the claim of such vendor thereon.
SEC. The officer making such attachment, levy shall
hold aud dispose OF the said property in the
CURED by law in respect to personal property attached
levied upon the same shall be sold under any of the
statutes Of this state the officer making such shall first pay
and satisfy to the said creditor the by him paid
rendered TO the said vendor provided in section of this
debt due to such creditor for the satisfaction of which the said
property attached or levied upon
SEC 3 II the sad vendor shall refuse receive the
amount rendered to him. provided in this
aud shall commence and prosecute any suit of such
attachment levy the defendant may the trial Of such
SUIT and under The general issue such tender evidence
IN bar Of such action and proof thereof and payment tie
money rendered into court he shall his costs unless
shall be made appear that the rendered less
than the actually due such vendor as the residue of
such purchase money
SEC A. This aai shall not apply to, any wise affect
any conditional sale made prior the first day of January
the year of our Lord eighteen hundred and fity-iye.
Approved, November TO- 1854
or TIE coMPlLEo STATUTES
ishsre5y eatrfef6y us GApsral Isssm5y Of as State
Of Vermont. as 1otocS
SIC l. The provisions section fourteen of chapter sixty
one of the compiled shall not be construed extend
any of action, which accrued any other state
government when the parties thereto the time such
Of action accrued residents Of any other
men: Prooided that thsact shall affect any suits
pending.
Approved, November TO- 1854
No Ian Of hH g5>GEG 2g aarrn sSrroSa
II is he6y oacted By he General assembly Of the State
Of erIaont as toAops
SEC l. Nothing contained in any statute Of limitations
shall extend 10 lands given granted sequesteed appo-
pacd TO any public pous charitable use, any lands
belonging to this state and any proper action for the recovery
of such lands may be any hereafter commenced and
prosecuted TO fna Judgment and recovery OF possession
SEC 2 The fourth section of chapter sixty-one Of the
compiled statutes is hereby repealed
SEQ 3 This shall take effect from passage shall
not apply to or IA any affect suit pending
rights OF the parties therein any right which
has already accrued and become perfected under the
Tins state, which this statute designed modify repeal
Approved, November IL, 1854
! No. Ian ACT ~ AMENDMENT OF CHAPTER FoaTY.sEv-
EN- OF THE COMPLIED STATUTES, RELATING TO PROBATE
is Hereby enaoe1 by the General assembly of the state
Of Vermont as toiio'cs
SEC |. II any Judge of any probate shall
OF his district die resign otherwise become ncapacaed
for executing the duties of his office the register shall hold
court have all the powers and perform all the duties of the
Judge until such ncapacy shall be removed until another
Judge shall be apponted-excep hereinafter provided
Seq 2 When Judge of any probate court his wife
child shall be an heir egatee when such Judge shall be
executor administrator of the deceased person.
he shall be deemed be ncapacaed for executing the duties
OF ms Office IN relation to that estate and the first assistant
Judge OF the county for such county shall
all the powers and authority of such Judge of probate and
shall act in his place, and perform his duties.
SEC 3. When the judge of any probate court creditor
otherwise shall be interested question be decided
by the court he shall be deemed be ncapacaed acting
III the decision OF that question and the first Judge of
the county shall perform the duties of such Judge
SEC Sections eight and nine of chapter forysev
en- OF the compiled Statutes hereby repealed.
Sr7 K This shall take effect from passage.
/ Approved, November 10, 1854
No l6--AN ACT IN ADDITION TO CHAPTER FlFTY-oNE OF
THE COMPILED STATUTES
ms hereby eacted By the General assembly Of The State
I Vermont, tOiioloS
SEC. l. When there shall be deficiency of assets in the
hands OF executor administrator the deceased
person shall have made his life time fraudulent convey
ahce OF his real estate of any right therein as
mentioned IN section forty of said chapter fyone