The Vermont transcript. [volume] (St. Albans, Vt.) 1864-1870, 1867-12-06

SEC Is. When real estate shall be
attached, instead of dividing the pro-
ceeds of its sale such estate shall be
set off on execution 10 such plaintiffs
in common, but in tho proportion OF
their respective Judgments.
SIC. 16. When either of the attach
ments on any property is by virtue OF
county court suit or suit of seques-
traton, this act shall apply. When
any officer serving a county court writ
shall have already attached on one or
more justice writs, he shall file with
the clerk copies Of such justice writs
and the returns thereon, as hereinbe-
fore required in case OF other prior at
tacbments
Approved Nov u, 1867.
An Act in addition to chapter thirty
three of the General Statutes, emit
tied "Of process.
II is hereby enacted, dc.
SEC l. Whenever any attachment
shall have been made upon mesne pro-
cess issued from any court in this State
Of any hive animals, or of any goods or
chattels liable o perish or waste, or 20
be greatly reduced in value by keep
ing, or which cannot be kept without
great or disproportionate expense, and
the parties to such attachment shall
not have consented in writing TO the
sale of such property upon sucL pro-
cess, in the manner provided in section
thirty-nine of chapter thirty-three Of
the General Statutes, any party in in
terest in the action whenever such at
tachment is made, may apply to the
c urt in which such action is pending.
at any term thereof or to the Judges
thereof III vacation, for an order of sale
of such property, by the officer attach
ing the same.
SEC. 2 At least ten days notice Of
such application shall be given to all
the parties to such action, to be served
IN the same manner as a writ of sum
mons, and in case any such party shall
not reside in this State, service shall
be made upon his agent or attorney
therein, such service shall be made on
the person having the custody Of said
property at the time of said attach
lnent, and if no such person can be
found within this State then an order
of publication of such notice shall be
made 10y such court or Judges thereof,
and the same shall be published in
such newspaper or newspapers as they
shall direct, for three weeks success
sively, the last of which publications
shal be at least ten days before the
hearing of such application.
SIC. 3. Upon hearing such applica-
ton, if such court or judges are salts
fed that said property is within the
description given III the first section of
this act, they may make an order OF
sale thereof to be executed by the off
Ger holding said property, and shall
issue n warrant to such officer accord
ingly, and such order and warrant
shall be duly recorded in said court.
SIC. l. The officer, 20 whom such
warrant is directed, shall proceed to
appoint three disinterested and iudici-
Gus persons acquainted with the value
of such property as appraisers thereof,
and they shall be sworn to a faithful
discharge of such duty and shall APP
praise said property at its full and just
value in money, and thereupon said
officer shall advertise and sell said
property IN the same manner, in all re-
spects, as is provided by law, for the
sale of property on execution; provid
ed, that if the owner of said property
or his agent or attorney shall at any
time before such sale teuder to said
officer the amount of said appraisal in
money or give satisfactory security for
the payment thereof. said officer shall
receive such tender or take such Sc
culity and deliver such property to
such owner for the purpose, and MS
provided in section forty four of said
chapter thiriy-thcee.
SEC. 5. This act shall be construed
and taken as in addition to the pro-
visions of chapter thirty-three of the
General Statutes, and not as repeating
the same.
SEC 6. This act shall take effect
from its passage.
Approved Nov. 81 1867.