Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1867-12-13
Laws of Vermont. A. D. 1867.
An act in addition to chapter thirty.
three of the general statutes, enti
tied, +" OF process"


An act in addition to chapter thirty
three OF the general statutes, enti-
tied, Z" OF process"
1t Is hereby enacted, &c. gen
Sec. |. Whenever any attachment
shall have been made upon mesne pro
cess issued from any court in this
state of any live animals, or of any
goods or chattels liable to perish or
waste, or to be greatly reduced in val
ne by keeping, or which cannot be
kept without great or disproportion
ate expense, and the parties to such
attachment shall not have consented III
writing to the sale of such property
upon such process, in the manner pro
vlded in section thirty nine of chapter
thirty three of the general statutes
any party in interest i'll the action
whenever such attachment is made,
may apply to the court Ia which such
act is pending, at any term thereof or
to the judges thereof i'll vacation. for
an order Of sale Of such property, by
the officer attaching 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 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, and if he shall have no agent
or attorney therein, such service shall
Oe made on the person having the Gus
tody of said property at the time OF
said attachment, and if no such per
son can be found within this state,
then an order of publication of such
notice shall be made 10y such court OF
judges thereof, in such newspaper OF
newspapers as they shall direct, foI
Ihree weeks successfully, the last OF
which publications shall be at least ten
lays before the heal Ing of such appii
:ation.
Sec. 3. Upon hearing such appiica-
ion, if such court or judges are salts
lied that said property is within th,
description given in the first section OF
This act, they may make all order ol
,alc thereof to be executed by the Off
'er holding said property, and shall
,,t1i
mgly, and such order aud warrant
hall he duly recorded in said court.
Sec. 4. The officer to whom such
warrant is directed shall proceed to
appoint three disinterested and judi
'lOu5 persons, acquainted with the val
DC OF such property as appraiser,
,noreOt, and they shall be sworn to d
aithlul discharge OF such duty aud
,hall appraiSe said property at its full
! md just value III money, and thercup-
N said officer ST all advertise and sell
aid property in the same manner, III
all respects, as is provided 10y law, for
he sale OF property on execution
provided, that if the owner OF said
property Oy his agent or attorney shall
1T any time before such sale tender to
aid officer the amount of said apprai-
sal in money OF give satisfactory secu
lty for the payment thereof, said Off
Ger shall receive such tender or take
such security and deliver such proper
ty 10 such owner for the purpose, ano
Is provided i'll section forty four Of
aid chapter thirty three.
Sec. 5. This act shall be construed
md taken as in addition to the pro
visions of chapter thirty three OF The
general statutes, and not as repeating
he same.
Sec. 6. This act shall take efect
rom its passage.
| ADnrOyed Nov. q 1861