Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1867-12-12
LAWS OF VERMONT, A. ID. 1867.
Public Acts, designated by the Secretary oil
State for publication in the newspapers'l

CIoultoEro VI P'oPVA'y "i"NAANN - ~ -
His 6trs6y enacted By he General assembly Of
Ire STATE Of Vermont
sEcrioS l. The lien which shall be created
BY the first attachment on mesno process, trus'
tee process, or sequestration in chaneery when
analogous to attachment, on any property, es'
tar, or chose in action, shall not be paramount
70 rights of all subsequent attaching creul-
tors but, on the contrary such subsequent az
ttachlug creditors a. shall, within the time IN
this &c specified adopt the measure herein re
Quired may part cipate in the proceeds OF such
proper estate OF chose IN action, each In pro,
portion 10 the amount Of the Judgment he shall
nnally recover.
SEC. 2. When the second or subsequent credit
orshall desire 70 attach property or estate which
has been already taken as Aforesaid, he, in order
10 create lien thereon equal to and not subject
70 such prior attachment, shall If the return day
of such prior writ has not arrived, place his own
writ in the hands Of the sheriff or officer who
has already taken such property and such OIL
Ger shall, in behalf OF such second or subse
Quent plaintiff, attach the same property, make
return that he has done so, and make and de
liver to such second or subsequent plaintiff or
his attorney a certified copy OF such second
or subsequent writ aud of such return! IN
which return such officer shall certify that
such second or subsequent plaintiff claims
TO participate in the ayails of such prior at,
tachmeBt 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,
aLthCAGu tlSTcOn-W0lGu Cbp|ts Euhll "ltulu
twenty days be by such second or subsequent
plaintiff filed in the office of the clerk OF the
county court for the county in which such fret
attachment was made, Such subsequent plain.
tn shall pay the otlcer Tor said copies at the
rate now allowed by law, shall at his own ex.
pense cause said copies to be hled as Aforesaid,
with said county clerk, and shall pay said clerk
twenty five cents for filing said copies.
SEQ. 3. II at the time of such claim to par
ticipate in such lien, the prier writ has already
been entered in court, such second or subse-
qusnt writ may be served by the same or any
other officer, and such otficor, in his return and
copy thereof for filing in the clerks office,
shall be requii cd to gave no further description
of the property attached than to refer therefor
to such first writ designating the same and
stating the names of the parties and the name
of the officer who ser we'd the same, and shall
not be required to take possession OF such prop
erty.
SEC. l. Such subsequent applicant may at
any time make such attachment and claim an-
til forty days shall have expired from the rising
OF the county court at the first term to which
such fret writ was made returnable, and 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 avas mill the exp. ra-
ton OF such forty days and if, at the eXplrs
ton, no such certificate of claim of partiCpa-
tlon shall have been filed withthe county clerk it
shall be the duty of such officer holding such
property OF execution or proceeds OF sale, to
pOCCGu III but uAebO6al tuClt VI az INV IT,
quired by law.
SEC, 5. If, before the expiration of said forty
days, any such certificate of claim shall have
been filed, it shall he the duty of the officer to
keep either the property taken or the proceeds
of sale thereof unit this amounts due the re-
spective CreditOrs, so claiming, shall be ascer
tanned 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
timeafter the last OF such final judgment shall
be rendered. or the suits be otherwise satisfied
and settled.
SEC. 6 When the wifi of the fret attaching
plaintiff, or either OF said claimants, is made
returnable to any other county than the one in
which such attachment of property shall be
made, or when either of said plaintiffs shall
nave sued before justice of the peace, and
shall obtain final iudg mt before such Justice.
such party sh al within ten days after iua judg-
ment in such WRIT, procure from the clerk of the
court of such county in which such judgment is
rendered, or from such Justice, a 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 taken, and
in case such plaintiff shah omit to do so, the
division of the proceeds of attachment, herein
mentioned, shall be made to the plaintiffs or
claimants other than those so negleCtng.
SEC. Z. II any one of such plaintiffs attempt.
ing to get security on the same thing shall sus.
peCt any other one Of collision with the de-
leHuhlle,Of Ol attempting 10 procure Judgment
for greater sum than is just and right it shall
be Lawful for sRCh plaintiffs, any time before
final judgment, to file in the court where such
Suspected suit is pending, declaration under
oath, of such his suspicious, and OF his desire
to be heard in the premises; and the court
thereu, on shall give to such declaTant as full
an opportunity OF defending such snit as be-
longs to principal defendant. And the court
sail have iull discretion whether to hear the
original defendant and raid deClarant together
At the trial. a. to allow fpDarate MEAD
ings aud separate lssues. But il judgment
shall be rendered on the declarant's defense for
less sum Ian in the Issue Joined by the de-
PENDANT, tn re stall be Judgment for costs in
favor OF declarant against such suspected plain.
tiff and III etter event his proportion of such
lien acquired by attachment shall be based or
the smallest OF the two findings.
SEC. S. When, in any action returpable be.
fore the county cour', or appealed to the county
court, there shall be Judgment for the plaintiff
during the first term tn, reof after service of his
writ, and also when any plaintiff shall take The
defendants confession of judgment, such judg
nent shall not he conclusive against such sec
ond or subsequent creditors as may before the
expiration of said forty days, attach and claim
10 participate as Aforesaid in the same security
But on the contrary thereof, any or all of sale
claimants may, at any time within twelve days
of the second term of said county court, cite
such plaintiff before the county court and dc
clare against him, as in the la section permit
ted, and have against him the hearing, th'
privileges and the remedies therein specified.
SEC o. The clerk of each county shall keel
files of the copies furnished him under this act
He shall also Aeep tabular register in which
he shall enter the attachments copies of which
are brought him in pursuance of this act plaC
ing one column the defendants names in anOthe
the plaintiffs names, in another the date of tn,
service, in another the name of the officer, il
another the court to which the writ was return
able, in anOtt or the ad damnum, and in anothe
column short statement of what property il
attached; and such clerk shall at any time ex
hibit such register to any applicant, or answer
In writing any inquiry as to what subseguen
creditor have claimed to participate in any ont
attachment, for writing which answer he shat
be entitled to receive twenty-five cents anC
such certificate of such cl, rk in writing shall b,
sufficient evidence to justify any sheriff in pre-
missing that no. other attaching plaintiffs arr
claiming to participate than those so certified
by the clerk, and dividing the proceeds Of sale
accordingly.
SEC. 10. When any creditor, whether first il
attaching, or one of those claiming participa
ton, shall deem his security insuficiel t, ht
may at any time before the expiration of salt
forty days, cause further seizure to be made anC
more property to be attached; and for that pur
pose the clerk shall, i'll Case such writ has beer
already entered in court, iesue a duplicate
thereof, including the return already made
thereon, and certify thereon that it is issueC
for additional attachment, and said COPY. 81
a. hall hos tho IA.