Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1867-12-20
Laws OF vermont.


Public Icis dcsjgaa'sl b. fs Secretary of
STATE for publication a. On. fa-,p1prrs
An Act for the more equal distribution among
creditors Of property attached on mesne pro-
cess.
Hsbere3y enacted by hr G-rsrli .fs,sn-
ily Of The state Of F,rmoat:
SIC. J. The lien which shall t, created by
the first attachment on mesne process, trustee Tro-
cess or seqgestrstion in chancery when analogous
to attachment, on auy property, os.aie.or chosein
action. shall uOt be paramount o. tlc rights of
al Subsequent attaching creditors, bug ln the
contrary, such subsequent attaching creditors
"a shall, within the time in this act specified,
si0pt the measure herein required, may p4riici-
pate in the proceeds Of such property, estate or
chose in action, each in proportion 90 the amount
Of the judgments he shall finally recover.
SIC. . when the second or subsequent
creditor shall desire TO attach property OF e.
tate whieh has been already taken as Aforesaid,
he, in order % create len thereon equal TO
ami not sutjec; 70 such prior attachment, shall
b. the return DAY Of such prior srt A4s r1- ar
r.Vel. place bis own writ i1 -Lo Helis 10 Che
sheriff or officer who has already taken such
lrorertt; and such officer shall, d. behalf li
su-t sclai OF subsequent Yh'l-i. attach fhe
same property, make return thar Lr hls done s',
aai make and deliver 90 such second Or suisse
queut plsi-tih, VI his attorney, "a c.g.uai copy
~ such sec-lI oT uiseQuelt Nrit, l-t ot sgch
return iu which return such officer -hl., cer
ufy that such sec0Ld OF subsequent plaintiff
cain 20 participate iu the ayai.s 10 such ptior
sitll ent and such officer shall also make
aul deliver o certified copy Of such prior wit.
ami st Of the property, estate 10 chose 10
action. attached th-re0n-which copies shlu
within twenty days he by such second cr sub
sequert plaintiff dlei in the office o. tie ciarA Of
the county court for the county DO which sCch
first aitlci me1t was made. Such subsequent
plaintiff shall pay tAe officer ilr s1ii copies AZ
die rate aow alioNcl hy law. shall 40 Lis 0su
expense cause said copies 10 be il,I rs afore-
saii. with sl.i county clerk, anl shall psy sid
clerk twenty-five cents costs fJr filing said
copies.
SIC. 8. II at tLc time Of such claim 20 par
tcip1te r such len. the pr 2 writ hls already
been ca tered ia court. such second OF euhsc-
lutut writ may be served hy the same or any
other Cfi-c- aud such citicer, va lis return and
COPY thereof ior flag IN the cl,rk's oii-e. shall
be required 90 give uC further description oi the
property attached than % rcfr therefor 90 such
first writ, l,si ,uatiug the slme sll stating the
names O.. ,lt psrii,s and the rar.e lf tt- Cih-
ccr wh5 served tle sane, aui shall lof Pc r--
qur,i 20 t1te possession q such property.
ST. j. such sulslQlent applicant may 70
any tine make such atJachmeb, a1i c,.u, IN
az ar.y days shall have eKpreI f-ou PIE rising
Of the county court, al the 6Tst te.m 60 Whieh
such fret ETit vas made TeturEahlc aud the
ofzcsr wEo attached such property, or shall
have taken the same on execution. or shall have
sold the same on execution. shall continue 10
hold such property or It's avails ul,il ihe exfi-
ration Of such forty days sad if. az ihe exp
ration. no such certificate Of claim of p1rtici-
patton shall have been flcl with ,he county
clerk. it shall be the duty Of such .t.ser ho.i-
ing su property or execution or proceeds Of
sale. to proceed IN the disposal thereof ss now
required by Law.
SIC 3. II. before the expiration Of said
forty days. any such ctrtih,ste cf claim shall
have been hlei. Il shall be the duty of the OFF,
Ger to keep either the properly tasyu or the
proceeds Of sale thereof, until the amounts due
jhe respective creditors. - claiming, shal be
ascerisiued by hnal iu lgment aul such ic-
lay shall not dissolve the lien or security Oh
tanned. whe her the same be y personal pro-
periy by trustee process. or on real estate hut
such lien or security shall remain Zooi for flrty
days Of time after the last Of such fnal juig-
ment shall be re-ieTei, or the suits De- other
wise satisfied and settled
SIC 6 When the writ Of the FIRST at,scb-
ing plaintiff, or either Of said claimants, is
made returEable to any other county than the
one j. which such attachment Of property shall
be made, or when either Of sad plaintiffs shall
have sued before Justice Of thepeace, and shall
obtain final judgment before such Justice. such
par,l shall within ten days after final Judgment
in sueh writ, procure from the clerk Of the
coui Of such county in which such judgment
is rei Tered. OF from such justice, certified
/ cop record Of such judgment, AMI Gle the
san sith the clerk OF the county court il such
/ cou in which such property was taken. snd
in Gaze such plaintiff shall omit TO 10 so, the di
vision OF the proceeds of attachment, herein
mentioned, shall be made 10 the plaintiffs or
claimants other than those SO neglectiug
SIC Ii any one Of such plaintiffs A.
tempting TO get security on the same ding
shall suspect any other one Of collusion with the
Defendants, or Of attempting 10 procure a
Judgment for a greater sum than is Just aud
right, it shall be lawful for such plaintiffs, any
time before final Judgment, TO file 10 the court
where such suspected SUIT is pending, decllra
ton under oath, Of such his suspicious, and Of
his desire 10 be heard in premises and the
court thereGpon shall give to such declarant as
I full an opportunity Of defending such suit as
belongs to principal defendant. And the court
shall have full discretion whether 10 hear the
at the same trial, or to allow separate pleaiings
and separate issues. But If judgment shall be
rendered on the declarant's defense for less
sum than in the issue joined by the defendant,
there shall be judgment for costs in favor Of
declarant against such suspected plaintiff aud
in either event his proportion Of such lien &C
quired by attachment shall be based on the
smallest Of the two findings.
Sec. s. When, in any action returnable before
the county court. or appealed t. the county
court, there shall be judgment To- the plaintiff
during the first term thereof after the service Of
his writ, and also whenever any 1laintff shall
take the defeudants confession Il Judgment
such Judgment shsn not be conclusive agains
such second or subsequent creditors ls may be
fore the expiration of said forty days, attach an
claim 10 participate az aforesaid in the same Sc
cnrity. But, On the contrary thereof, any Of
/ ali OF said claimants may, at any time within
twelve days Of the second term Of said count,
court, cite such plaintiff before the COUNT
court aud declare against him, as in the las
section permitted. and have against him th
hearing. the privileges, and the remedies there
il specified.
Sec. Q. The clerk Of each county shall kee
1 files of the copies furnished him under this &C.
/ He shall also keep q tabular register in whic
be shall enter the attachments, copies Of whic
l are brought him in pursuance Of this act, plsS
= ing in one column the defendants names,
another the PLAINTIFF names, in another ;h
" date Of the service. in another the name Of Il
officer in another the coart TO which the wr