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

was returnable, in another the addamnum. AM
IN another column a short statement Of Whs
| property is attached; and such clerk shall at
\ any time exhibit such register TO any applicant
or answer in writing any inquiry as to what
subsequent creditors have claimed to partici-
pate in any one attachment. for writing which
answer he shall be entitled to receive twenty
cents and such certificate Of such clerk in writ
ing shall be sufficient evidence to Justify any
| sheriff in promising that no other attaching
plaintiffs are claiming to participate than those
50 certified by the clerk, and dividing the pro-
ceeds Of sale accordingly
SED. 10 When any creditor, whether FIRST in
attaching, OF one Of those claiming participation,
shall deem bis security insufficient, he may al
any time before the expiration Of said forty days
cause further seizure to be made and more prop
erty to be attached: aud for that purpose the
CLERK shall, in case such writ has been already
entered in court, issue a duplicate thereof. IN
GLIDING the return already made thereon. and
certify thereon that It Is issued for additional
attachment, and said copy, so certified. shall
have the same force and validity as had the
original process to justify ani require a sheriff
or other legal officer to attach property, The
clerk shall IN such case note such issue Of such
duplicate in his register.
SIC. IL. When sny creditor shall make adii-
tional attachment, as in the last preceding sec
tion mentioned, the sheriff who shall so attach
shall send 70 the clerk Of the court in the county
where said writ was first served a copy Of his
return thereon and the creditor or plaintiff
who has thus made additional sttachment, shall
cause 1t to be filed and not be entitled to receive
any portion Of the proceeds Of the FIRST attach
ment until he shall either furnish bonds. with
surety. to the satisfaction of the clerk, that be
will bring to the officer who made the first at
tachmert Gr division all the proceeds Of such
second or additional attachment, or shall actu-
ally pay to such offeer such proceeds; and a
neglect to comply with this requirement fer ten
days after receiving the proceeds Of such ad1i-
tioual attachment, shall forfeit all his lien under
his first sttsehment, and the proceeds thereof
shall be divided among the other plaintiffs who
shall have taken said property, as the first
section Of this set prescribed
SIC. l. Whenever the property attached sue
eessiyely, as aforesaid, by different plaintiffs,
shall turn cut to be Of contested ownership. AMI
suits shall be brought, either against the officer
or either Of the plaintiffs, for taking the same
as also when any suit is brought, or such officer
fears that IA suit will be brought. by reason Of
doubt whether such property is attachsble, he
may deliver such property to the person, and Al
the place where he took the sane; and such re-
the plaintiffs, or their attorneys who have caused
him TO attach the same. shall, within six days /
after being r5questei. furnish bonds with surety
reasonably satisfactory to said officer, that they
viii defend such suit and pay each his part Of
the damages, cost. and reasonable expense IN |
the same proportion SO the proceeds are by this I
act diyisible among such plaintiff; and If & por |
tion only Of such plaintiffs fGraish such bonds, |
and others refuse OF neglect % DO the ultimate |
proceeds Of the attachment shall be applied lu I
satisfaction or part satisfaction Of those p.arn /
as oniy who furnish such security
srC. T. When l.fFer. NJ plliatiifs shall have /
acquired licas on the same property, thing or /
-lcle iu action b. virtue q this act, the off, I
c-r- no shall levy execution Of the f-st attach
rs ere itor. shall divide the proceeds Of sale o.
property TO those judgment creditors who have I
ltiached in conformity with this ac., and c,n.- /
Piled with the provisions thereof, in The pro
portions hereinaef0re specified.
sIc. j.. This act shall take effect from its |
passage, but shall not apply 10 or impair any |
attachment which has already been made.
SIC. j.. When real estate shall be attached, |
instead Of dividing the proceeds of its sale such |
state shall be set OF on execution 10 such plain
.iis in c1mmot, but in the proportion Of their |
respective judgments
SIC. lG. When either q the attachments on /
any property is hy virtue q county court suit /
'f suit Of sequestra'i-u. this act shall apply. |
When IN officer serving county court writ I
shall have already attached on one or more jus /
ice Wrts, he shall ME with the clerk copies Of
such justice Wriis and the returns thereon, as
nereinbeiore required ia case OF other prior at
iachments.
Approved N.v 81. l-6I.