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

ant together at the same trial, or to
allow separate pleadings and separate
issues. But if Judgment shall be rem
dered on the declarant's defense for a
less sum than in the issue joined by
the defendant, there shall be judgment
for costs in favor of declarant against
such suspected plaintiff, and in either
event his proportion Of such lien ac-
CURED by attachment shall be based
on the smallest of the two findings.
SIC. s. When, in any action re-
turnable before the county court, or
appealed to the county court, there
shall be judgment for the plaintiff dur
ing the first term thereof after service
OF his writ, and also when any plain
tiff shall take the defendants confes-
sion Of Judgment, such Judgment shall
not be conclusive against such second
or subsequent creditors as may before
the expiration of sod forty days, at
tach and claim to participate as afore-
sad in the same security. But, on the
contrary thereof, any OF all of said
claimants may ut any time within
twelve days Of the second term of said
county court, cite such plaintiff before
the county court and declare against
him, as in the last section permitted
and have against him the hearing, the
privileges, aud the remedies therein
specified
SIC. g. The clerk Of each county
shall keep copies furnished him under
this act. lie shall also keep a tubular
register in which he shall enter the at
tachments, copies Of which are brought
him in pursuance ofthis act, placing in
one column the defendants names, in
another the plaintiffs names, in anoth-
or the date Of the service, in another
the name Of the officer in another the
court to which the writ was returnablc
in another the addannum, and in an
other column short statement of what
property is attached, and such clerk
shall at any time exhibit such register
to any applicant, or answer in writing
any inquiry as to what subsequent
creditors have claimed to participate
IN any one attachment, for writing
which answer be shall be entitled to
receive twenty-five cents; and such
certificate Of such clerk III writing shall
be sufficient evidence to Justify any
sheriff IN promising that no other at
tachins plaintiffs are claiming to par
ticipate than those so certified 10y the
clerk and dividing the proceeds Of sale
accordingly
SIC. 10 Whom any creditor wheth
Ell first IN attaching, or one of those
claiming participation shall deem his
security insufficient, he may at any
time before the expiration of said forty
days, cause further seizure to be made
and more property to be attached; and
for that purpose. the clerk shall. in
case such writ has been already enter
Ell IN court, Issue a duplicate thereof,
including the return already made
thereon, aud certify thereon that it is
issued for additional attachment, and
sand copy so certified, shall have the
same force and validity, as had the
original process TO Justify and require
u sheriff or other legal officer to attach
property The clelk shall in such case
note such issue Of such duplicate in
his rcg.ster
SIC II When any creditor shall
make additional attachment, as in the
last preceding section mentioned, the
sheriff who shall so attach shall send
to the clerk Of the court in the county
where said writ was first served a copy
Of his return thereon; and the creditor
or plaintiff who Inns thus made additi-
onal attachment shall cause it TO be
fled and not be entitled TO receive any
portion of the proceeds of the first at
tachment until he shall either furnish
bonds, with surety to the satisfaction
OF the clerk, that he will bring to the
officer who made the first attachment
for division all the proceeds of such
second or additional attachment, or
shall actually pay to such officer such
proceeds; and n neglect to comply with
this requirement for ten days after G.
ceiving the proceeds of such addition
attachment, shall forfeit all his lien
under his first attachment, and the
proceeds thereof shall be divided
among the other plaintiffs who shall
have taken said property, as IN the first
section of this act prescribed.
SEc II. Whenever the property
attached successfully, as aforesaid, by
different plaintiffs, shall turn out to be
of contested ownership, and suit shall
be brought, either against the officer
or either of the plaintiffs, for taking
the same, ms also when any suit is
brought, or such officer fears suit
will be brought, by reason of doubt
whether such property is attachable,
he may deliver such property to the
person, and Mt the place where he took
the same; and such return shall be in
mitigation of damages, unless the
plaintiffs, or their attorneys who have
caused him to attach the same, shall
within six days after being requested,
furnish bonds with surety reasonably
satisfactory to said officer that they
will defend said suit and pay each his
part of the damages, cost and reason
able expense in the same proportion
as the proceeds are by this act divisi-
bic among such plaintiffs; and if a
norton only of such nlaintiffS finnish