Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1867-12-06

liable to perish or waste, or to be greatly
reduced in value by keeping, or which
cannot be kept without great dispropor-
tionate expense, and the parties to such
attachment shall not have consented in
writing to the sale Of such property upon
such process, in the manner provided in
section thirty-nine of chapter thirty-tbree
OF the General Statutes, any party in in
terest in the action whenever such attach
ment is made, may apply to the court in
which such action is pending, at any term
thereof or TO the judges thereof in 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 a writ of summons, 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 known agent or attorney
therein, such service shall be made ON the
person having the custody of such prop
erty at the time of said attachment, and if
no such person can be found within this
State, then an order of publication of such
notice shall he made by such court or
Judges thereof, and the same sha be pub
lished in such newspaper or newspapers as
they shall direct, for three weeks success
sively, the last of which publications shall
be at least ten days before the hearing Of
such application.
Sec. 8. Upon hearing such application,
if such court or judges are satisfied that
said property is within the description
given in the first section of this act, they
may make an order Of sale thereof to be
executed by the officer holding said prop
erty, and shall issue warrant 20 such
officer aceordingly,ard such order and war;
rant shall be duly recorded in said court.
Sec. 4. The officer, TO whom such war
rant is directed, shall proceed TO appoint
three disinte' estei and judicious peison
acquaibted with the value Of such proper
ty as appraisers thereof, and they shall be
sworn TO faithful discharge of such duty
and shall appraise said property at its full
and just value in money, and thereupon
said ofiic shall advertise and sell said
properly in the same manner, in all re-
spects, US is provided by law, tor the sale
of property on execution provided, that
if the owner of said property or his agent
or attorney shall at any time before such
sale trnder to said officer the amount OF
said appraisal in money orgive satisfactory
security for the payment thereof, said Off
Ger shall receive such tender or take such
security and deliver such property 10 sucl
owner for the purpose, and as provided il
section iorty-tour of said chapter thirty
three.
Sec. 5. This act shall be construed an
taken as in addition 10 the provisions c
chapter thirty-ihree of the General Sta
u,es, and not as repeating the same.
Sec. 6. This act shall take effect frol
its passage.
Approved Nov. 2i, 1867.
An act in relation to the change of venu
in civil actions.
u is hereby enacted, &c.
Sec. /. Whenever it shall appear t
any judge of the supreme court, holdin
the term of the county court in any count
in this State, that there is good reason t
believe that any civil action pending j
such court cannot be impartially tried j
the county where the same is pending,
shall be the duty of such judges. on th
petition of either party to said suit, to Oh
der said cause to be removed for trial |
the county court in some other county i
this State
Sec. 2. The petition TO remove a caus
as afor, said shall be verified by afiidav
and served upon the adverse party in lik
: manner as wrils of summons are require
10 be served; and if the adverse party IT
sides without this State it may be serve
upon the attorney of record in said Gauss
Sec. 3. Whenever an order is made Il
the removal of civil cause from OH
county court TO another, as is provided
: The first section of this act, and such orde
: is filed with the clerk of the court
: which such cause is pending, il shall
the duty of such clerk forthwith to tran
D nit to the clerk of the court TO which sal
T cause is ordered to be removed all Il
Y original papers in said cause, together vii
{ a certified copy OF the docket entities Their
h in, and also a certified copy OF said ord'
Vi TtIlOhais anu titSi iGu k'o1 ~ 9htsAA ~ -
c duty of the clerk If the court 10 whit
g said cause is ordered to be removed,
II enter the cause upon the docket Of sa
d court, together with the docket entries
e certified by the clerk Of the court fro
d which said cause is ordered to be remove
e and said cause shall proceed TO trial in iii
7. manner and TO all intenls and purposes q
II same as if il had been originally broug
7, to and entered upon the docket Of sa
IS court.
n Sec. 4. All attachments, recognizance
e bonds and orders in said cause, made b
e fore said removal, shall have the san
n force and validity as If the cause had co
d tinued in the court to which it was orig
: naily brought.
Sec. 5. This act shall take effect fro
its passage.
i Approved Nov, 81, 1867.
An Act 10 provide for the disposition
+ the proceeds of sales of personal PR
l. erty on mesne process.
N II is hereby enacted, &c.