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

An Act for the more equal distribution
among creditors OF property attach
ed on mesne process.
II IS he,rby enacted Jy he Generm As
semb'y of the State Of JermonE
SIC. l. The lien shall be created
by the first attachment on mesne pro-
cess, trustee process, or sCquestratio1
IN chancery when analogous TO attach
ment, on any property, estate or chose
IN action, shall not be paramount TO
the rights Of all subsequent attaching
creditors; but, on the contrary, such
subsequent attaching creditors as shall
within the time in this act specified,
adopt the measure herein required,
may participate in the proceeds of such
property, estate or chose in action,
each in proportion to the amount of
the judgments he shall finally re.
cover
SIC 2. When the second or subse-
ouent creditor shall desire to attach
property OF estate which has been al
ready taken as aforesaid, he, in order
to create a lien thereon equal to and
not subject to such prior attachment
shall if the return day of such prior
writ has not arrived, place his Owl
writ in the hands of the sheriff or off
Ger who has already taken such prol.
erty; and such officer shall, in behalf
of such second or subsequent plaintiff,
attach the same property, make return
that he has done SO, and make and de-
liver to such second or subsequent
plaintiff, or BIS attorney, certified
copy of such subsequent writ, and Of
such return; in which return such Off
Ger shall certify that such second or
subsequent plaintiff claims to partici
pate in the avails of such prior attach
ment; and such officer shall also make
aud deliver a certified copy OF such
prior writ, and list of the property,
estate or chose in action, attached
thereon which copies shall within
twenty DAYS be by such second or su
sequent plaintiff filed in the Office OF
the clerk of the county court for the
county in which such first attachment
was made Such subsequent plalntiii
shall pay the officer for said copies at
the rate now allowed hy law, shall at
his own expense cause said copies to he
filed rs aforesaid with said county
clerk, and sbull pay sml clerk twenty
i've cents costs for fling sald copies
I SIC 3. If at the time Of such claim
to participate in such hen, the prior
writ has already been eutered in court,
such second or subsequent writ may be
served by the same or any other Off
Ger, and such officer, in his return and
copy thereof for filing i'll the clerks
Office shall be required TO give no DIES
cfiption of the property attached than
10 refer therefor TO such first writ, DIES
/ ignating the same and stating the
names of the parties and the name OF
the officer who served the same, and
shall not be required to take posses
SION Of such property.
SIC 4 Such subsequent applicant
may mt any time make such attach
mcnt and claim, until forty days shall
have expired from the rising of the
county court, AT the hist term to which
such first writ WAS made returnGblc
aud the officer who attached such
property, or shall have taken the same
on execution. or shall have sold the
same on execution, shall continue to
hold such property or its aVails until
the expiration of such forty days; and
IT, at the expiration, no such certificate
of claim Of participation shall have
been filed with the county clerk, it
shall be the duty of such officer hold
ing such property or execution or pro
ceeds of sale, to proceed in the dis
posal thereof as now required 10y law
SEC 8. II, before the expiration of
said forty days, any such certificate of
claim shall have been filed, it shall be
the duty of the officer to keep either
the property taken or the proceeds of
sale thereof, until the amounts due the
respective creditors, so claiming, shall
be ascertained by final judgment; and
such delay shall not dissolve the lien
or security obtained, whether the same
be on personal property by trustee
process, or on real estate; but such
lien or security shall remain good for
forty days of time after the last OF such
final judgment shall be rendered, OF
the suits be otherwise satisfied and set
tied.
SEC. 6. When the writ of the first
attaching plaintiff, or either Of said
claimants, is made returnuble to any
other county than the one in which
such attachment of property shall be
made, or when either of said plaintiffs
shall have sued before a justice of the
peace aud shall obtain final Judgment
before such justice, such party shall
within ten days after final judgment in
such writ, procure from the clerk of
the court of such county in which such
judgment is rendered, or from such
justice, II certified copy of record of
such Judgment, and file the same with
the clerk of the county court in such
county in which such property was Ia
ken, and in case such plaintiff shall
omit to do so, the division of the pro-
ceeds of attachment, herein mentioned,
shall be made to the plaintiffs or claim
ants other than those so neglectlng.
SIC. 7. If any one Of such plaintiffs
attempting to get security on the same
/ a. Ill A hAp al