Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1867-11-27

Stgie tcr PUBLICATION IN The nelCSpoDers
An Act for the more equal distribution AMONG
creditors OF property attached on mesne
i IS hcrejg endcted 6y IN. General Assembi.
Fl tie STATE If Vermont
sEC. J. The lien shall be created by the
first attachment on mesne process, trustee
process, or scquestratiOn in chancerv when
analogous To attachment, on any property,
estate, OF chose III action. shall not be par
amount 10 the rights of all subsequent at
faehiug creditors bat, on the contrary, such
subsequent attaching creditors as shall, with
IN the time in this act specified, adopt the
measure herein required, may participate in
The proceeds Of such property, estate or chose
in action. each IN proportion to the amount
IF the Judgments he shall finally recover.
Sc. , y hen the second or subsequent
creditor shall desire to attach property or
estate which has been already taken as afore-
said. he, in order to create n lien thereon
equal TO and not subject to such prior at
tachment. 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
officer shall IN behalf Of such second or sub
gequent pIaint 4, attach the same property.
make return that he has done SO, and ma Ike
%
plaintiff, or lis attorney, certified copy of
such second or subsequent writ, and Of such
return in which return such officer shall
certify that such second or subsequent plain
tiff claims t. participate III the avails of such
prior attachment , and such officer shall also
make and deliver ce rtifed COPY OF such
prior writ, and = list of the property. estate
nr chose in action, attached thereon-whch
copies shall within twenty days be by such
second ~ subsequent plaintiff filed in the
Office Of the clerk of the county court for the
county in which such first attachment was
made Sueh subsequent plaintiff shall pay
the officer for said copies ct the rate now al
lowed by W, shall ut his own expense cause
said copies % he filed Is aforesaid. with said
county clerk, and shall pay said clerk twenty
I'VE cents costs for filing said copies
SEt. 3. IT, 1T the time of such claim 10 par
ticipate in suct lien, the prior writ has al
ready been entered in court. snch second or
subsequen, writ may Re served By the same
ur any ether officer. and such officer, in his
RETURN ant copy thereof for fling in the
clerks Office. shall he required to give no
further descriI -ioa Of the property attached
nan to refer therefor u such first writ, des-
iEnarinE thc same and stating the names ofthe
PARTIES and the name of the Ciicer who served
the same, and shall not he required to take
possession % such property.
So. T. SUCH subsequent applicant may
81 any time make such attachment and claim.
Gutil forty days shall have expired from the
rising 0t the elunty court, al the first term TO
which such fret writ was made returnabe
nui the officer who attached such property
II shall have taken the same on execution,
nr shall have sold the same on execution.
shall continue 10 hold such property or its
avails until the expiration Of such forty days
aad if. at the expiration, no such certificate
of claim Of participation shall have been filed
with the county clerk, II shall be the duty of
such officer holding such property or exccu-
lion or proceeds of sale, 70 proceed in the dis
rJsal thereof now required by law.
SIC. >. Il, before the expiration of said
forty days, any such certificate of claim shall
have been flcd. it shall be the duty of the
officer TO keep either the property taken or
the proceeds Ofslle thereof, until the amounts
due the respective creditors, go claiming.
shall he ascar1ained by final Judgment and
such delay shall not dissolve the lien or Sc
curiuv obtained. whether the same be on per-
spnal property by trustee process. or on
real estate but such lien or security shall
remain good for forty days of time after the
last Of such final Judgment shall be rendered,
or the suits he otherwise satisfied and set
tied.
Sc. 6. When the writ of the first attach
made Teturnable u any other county than
the one il which such attachment of proper
ty shall he made, or when either Of said
plaintiffs shall have sued before a Justice OF
the peace and shall obtain final judgment !
before such Justice, such party shall within /
ten davs after final judgment in such writ /
procure from the clerk IF the court Of sIch .
county in which such Judgment is rendered,
OF from such Justice. a certf fed copy OF rec
ord 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 shall omit t, do So. the !
division OF the proceeds of attachment, here /
in mentioned. shall lie made 10 the plaintiffs /
0r claimants other than those 50 negecting.
Sc = If any one Of such plaintiffs at
tempting - get security Cd the same thing
shall suspect any other one of collusion with
;he delen iants. or Of attempting to procure
= judzIneng ior d greater sum than is lust and
right IL shall be lawful for such plaintiffs,
any time before final Judgment, TO file in the
court where such suspected suit is pending,
2 declaration under oath, of such his suspi-
lions, and OF his desire 10 he heard in the
and the court thereupDn shall
1--WE t. such deciaran1 full an opportunity
Jf defending such suit as belongs u prln-
.ipal defendant. And the court shall have
full discretion whether To hear the orig ginal
defendant and said declarent together at the
saIne trial. or - allow separate pleadings
and separate issues. But ifjudgment shall be
rendered on the decarant's defense for q less
sum than IN the issue joined by the defend
ant, there shall te Judgment for costs in
-lvor Of declar;tnt against such suspected
plaintiff; and III either event his proportion
# such lien acquired by attachment shall be
l-ed ON the smallest OF the two hndlnga-
SEQ. - W hen, in any action returnaole
lr!ore the county court, or appealed 70 the
-ountv court, there shall be Judgment for the
plaintiff during the first term thereof after
.ervicc of his writ, and also when any plain
II shall saka the defendant 6 confession OF
judgment, such judgment shall not he con-
.lusive against such second or subsequent
.reIitors as ma before the expiration OF said
orty DAYS, attach and claim 70 participate as
.f,,resaid in the same security. Bat, on the
-,r,trary Thereof, any or all Of said claimants
nav. 1T anv time within twelve days OF the
.eeond term OF said county court, cite such
plaintiff before the county court and declare
glinst him. az in the last section permitted,
nd have against him the hearing, the privl-
cges. and the rcmedies therein specified
SEC. g. The clerk of each county shall
e.-p files Of the copies furnished him under
his act He snail also keep tubular regis
er in which ne shall enter the attachments,
-opies Of whic! are. brought him in pursu-
meg Of this act, placing in one column the
ieiendants' names, in another the plaintiffs
,arnes. in anoti er the date of the service, in
mother the nalne of the officer, in another
he court to which the writ was returnable,
u another the addamnum, and in another
.olunn a short statement Of what property
: attached and suca clerk shall at any time
.xhibit such register to any applicant, or
.uswer in writing any inquiry as to what