Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1867-11-27
LAWS OF VERMONT, 1867.

Designated by the Secretary of State for publica-
tion in The Newspapers.
An Act for the equal distribution among creditors
Of property attached on mesne process.
Hn HEREBY enacted BY he General As,embiy Of the
STATE Of FerDpont -
SEcl The lien which shall be by the frat attach
men process trustee process or
IN caneeIy when analo to attachment any prop
efy estate OF chose in action shall be paramount
to the III hts Of al subs lent attaching iedors but
on the contrary such subsequent attaching creditors as
shall within the in this &C, specified adopt the mea
sure herein required may participate In the proceeds of
suh property, estate or chose in action each in pro-
portion to the amount Of the judgments he shall finally
recover.
SIC. 2. When the second subsequent creditor
shall desire to attach properly estate which has been
already taken as Aforesaid be. in order to create lien
thereon equal TO and not sui ect to such prior attach
ment shall II the return day II such prior writ has not
arrived place his own writ in the hands Of the sheriff or
officer who has already takeu such property and such
officer shall in behalf Of such second 6ubst quent
plaintiff attach the same property make return that he
has done 80 and make AID deliver to such second
subst quent plaintiff or his attorney, certified copy Of
such second subsequent writ and OF such return in
which return such officer shall certify that such second
or subsequent plaintiff claims participate in the avails
Of such pdor attachment and such Ulcer shall also
make and dtver certified copy Ct such prior wit and
list Of the properly, estate chose In action attach
ed thereon-whch copies shall within twent, days be by
,uch second OF subsequent plaintiff filed in the office Of
the clerk Of the county court for the county ia which
such hfst attachment was made Such subSt quent plain
Tiff shall pay he officer for said copies tho rate now
allowed by law shall at his expense aid cop
to be filed Aforesaid with said county clerk and
shall pay said clerk twenty five costa for filing said
oopes.
SEC. 3. If at the time Of such claim to participate in
such lin, the prior WIT has already been entered in
court such second or tubscquep wit be served by
the same or any other ehces, aod CHI OH er, in his
turn and copy thereof for hng in The clerk flee shall
be required to give no further description OF the proper
y attached than 20 eier theTef to such witt desgnat-
ns the same and stating the names OF the paties and
The name Of the officer who the same and sh all
not be required to take possession Il such property.
SEC, Such subsequent applicant may al Any time
make such attachment and claim un II forty dsys hall
Y ctr. he
irst term TO which such first writ made Ieurnabe
and the officer who attached such property th have
taken the same execution shall have Id the same
On execution shAl continue TO hold such property or rs
walls until the expiration of such forty days. aud IL
The expiration DO such certificate Of claim par,icpa-
ion shall have been filed with the county Gle it shall
be the duty Of such ccer holding such property or
luton OF proceeds Of tale Ia proceed la the disposal
thereoi as now required By law.
SEC II before the expiration Of said forty days
any such certificate Of claims shall have been hled IL
shall be the duty Of the officer keep her the proper
taken or the proceeds of sale thereof until the
amounts due the respective creditors, claiming shall
aseerained By hnL judgment; and su.h delay shall
Hot dissolve the lien sseuriiy obtained, whehtr the
same be on personal properly by trustee process or on
real estate but such lien or security shall remain good
tor try days Of time after the last Of such final iuig
aens shall be rendered. or The suits be otherwise salts.
ned and settled.
SIC. When the writ Of the arst attaching plaintiff,
~ either OF laid claimants is made feufnable 10 any
other county than the in which attachment Of prop
efy shall be made, or when either Of said plaintiffs
nave sued before justice Of the peace ard shall obtain
anal judgment before such justice such party shall pith-
"a ten days after final Judgment in such writ procure
rom the clerk Of the court OF such county which such
judgment Is rendered, OF from such justice, certified
opy OF record OF such judgment and Ole the with
he clerk Of the county court in sush county in which
sueh property was taken and in such plaintiff. shall
NIT TO do 80 the division Of the proc eds Of attachment
neiein mentioned, shall be made TO the plaintiffs OF
,laimAnis other than those neglseling
SIC. Z. II any one OF such plaintiffs attempting 10
set security on the hing shA huspeo any Other
Of colusion With the defendants, OF attempting 10
procure Judgment fot greater sum than is just end
It'll b ku "a bn
final Judgment 10 file in the court where such sus
ected suit is pending declaration under oath OF such
us sus Icons and Of his desire 70 be heard in the pr
AID the court thtreupon shall give 10 lueh
full an opportunity II defending such suit az belong.
principal defendant. And tbs coaIt shall have nj
discretion whether hear the original d,fndant ant
sid deelAfant toge her al the ttia TO allow
rate pleading aud tepaIate issues But II judgment
hail be rendered on the deelaants defense for les
am than In the issue joined by the defendant iher,
aall be udgn ent for in favor u deeArant
UGH suspected panth and IN either event hs proper
ION of such lien required by attachment shall be base,
GA the smallest OF Two hnuinga
SIC 0. When, IN any acion Ieturnabe before thi
uny court or appealed 20 tue County court there sha
hsJgagmen' for ne plaintiff during the rsi there
atser service Of his wit, Ane also when any Aintif
nall take the defendants cohesion Of judgment suei
dgmeni shall not be e9nelusiye against ,osond
bsequent creditors a. may before the sxpra ion OF sa
FU days sttaeh and claim 70 participate Aforesaid IL
ae same seeuniy ~ on the contrary Their Of any a
Al Of h.d elaimsnts miy' At any time within twe.v
ays NJ the second term Of said county court cite saol
ainuh before she county and declare gsnst him
In the last section permitted, and have against hin
"e hearing, the privileges and the remedies therein
sIc o. The clerk Of each county shall keep files O
'he copies furnished him under lhi, lie shall ALA
tebuls register In which he hall the attach
"ients, copies Of wah brought him In Pursuance
ais ACT, placing IN one eolums the desuds names
81 another the plaintiffs names, 10 anu,her the date
service, In another the name Of the officer IN Anott
the 20 which the wit WAS ietunabe In anot
the addamLup, a. IN Anoihei column a short ttaie
iasal OF What lfqpsiv A A"aeh'd and ~ eeik ga