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

the county court, there shall be judgment
for the plaintiff durirg the first term there
Of after service of his writ, and also when
any plaintiff -hall take the defendants
confession Of Judgment, such judgment
shall not be conclusive against such second
or subsequent creditors as may before the
expiration Of said forty days, attach and
claim to participate as aforesaid in the
same security. But, on the contrary
thereof, any or all of said claimants may,
at any time within twelve days of the
second term Of said county court, cite such
plaintiff before the county court and de.
clare against him, as in the last section
permitted, and have against him the hear
ing, the privileges, and the remedies there
in specified.
Sec. 8. The clerk Of each county
shall keep files of the copies furnished him
under this act. He shall also keep ta-
bular register in which he shall enter the
attachments copies Of which are brought
him in pursuance of this act, placing in
one column the defendants names. iis an
other the plaintiffs names, in another the
date Of the service, in another the name
of the officer, in another the court TO which
the writ was returuabie, in another the ad-
damnum. and in another 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 10 what suos:-
auent creditors have claimed to participate
in any one attachment, for writing winch
answer he shall be entitled TO receive
twenty-five cents and such certificate OF
such clerk in writing shall be sufficient ev-
idence 10 justify any sheriff in promising
that no other attaching plaintiffs are claim
| ing to participate than those so certified by
the clerk, and dividing the proceeds OF
sale accordingly.
Sec. 10. When any creditor, whether
first in attaching. or one Of those claiming
participation, shall deem his security in
sufficient, 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 al
ready entered in court, issue duplicate
thereof, including the return already made
thereon, an certify thereon that it is is
sued for additional attachment, and said
copy, so certified, shall have the same
force and validity, as had the original pro-
cess TO justify and require a sheriff or 9TH
er legal officer to attach property. The
clerk shall in such case note such issue OF
such duplicate in his register.
SEc. IL When any creditor shall make
additional attachment, as ia tie hast pre-
7 a., II IL III tn
shall SO attach shall send TO the clerk OF
the court in the county where said Wi.
was first served copy OF his return there
on; and the creditor or plaintiff who ha,
!. thus made additional attachment shall
cause il TO be filed and not be entitled tc
l receive any portion of The piorerds OF tho
first attachment until he shall ei her fur.
nish bonds, with surety to the satisfaction
!. Of the clerk, that he will bring 10 the Off
: Ger who made the FIRST attachment for di.
vision all the proceeds Of such second OF
!, additional attachment. or shall actually
:, pa TO such officer sach proceeds; and 4
neglect {, comply with this requirement
for ten DAYS after r, ceiving the proceed;
of such additional attachment, shall forfeit
all his lien under his first attachment, AM
!, tie proceeds thereof shall be dividee
:, among the other plaintiffs who shall have
!, taken said property. as in the first sector
e Of this act prescribed.
SEC. H. Whenever the property at
Z tacled successively, as aforesaid, by differ
I. ent plaintiffs, shall turn out TO he of con
y tested ownership, and sui, shall be broueh
either asains, the officer or either OF tn
ID plaintiffs, for taking the same, as ais
ID when any suit is bi ought, or such office
y fears suit will be brought, by reason O
y Goabt whether such property is aitachable
I" he may deliver such property to the per
5, son, and at the place where he took Nh
al same and such return shall be IN miiiga
s. ton of damages, unless the plaintiffs, o
~ ,i.eir attorneys who have caused him
y attach the same, shall within six days aft"
ch being requested, furs,ish bonds with suiet
reasonably satisfactory TO said officer th'
a' they will deiead said suit and pay eac
'e his part Of the damages, cos, and reason
able expense ia the same proportion as III
IT. proceeds are by this act divisible anon
Is. such plaintiffs and if a portion only
ty such plaintiffs furnish such bonds. al
VI otfitfs refuse Of ntSiSSl " w. hac ust'in"
OF proceeds of the aitaclneut shall be appie
Is in satisfaction or part satisfaction of tho'
'al plaintiffs only who furnish such securit
ty Sec. 49, When different plaintiffs sha
NJ have acquired liens on the same propert
he thing or chose in action by virtue OF ih
G. act. the officers who shall levy execute
, a of the first attaching creditor, shall disid
Mt, the proceeds of sale of property to tho'
he judgment creditors who have attached
ch conformity with this act, and compile
ch with the provisions thereof, in the propo
OF tions hereinbefore specified
N Sec. IA. This act shall take effect f'o
or tits passage. but shall moi apply TO or IN
. pair any attachment which has alread
us been made.
ne Sec. Is. When real estate shall be a
u- tached, Instead Of dividing the procee'
ng of It's sale such estate shall be sci oil
i'm execution to such plaintiffs in commo
Inl bat in the proportion Of their respecti'
'ai judgments.
ch Sec. 16. When either Of the aitacl
on ,,a.,ts ~, anv nronerfv Is hv yfrfue OF