Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1867-12-12

whether such property Ia attsehabe, ne may ae'
liver such property 10 the person. anu az tne \
pIaee where he took the Same and such return
shall be in mitigation OF damages, unless the
plaintiffs or their attorneys who nave chusel MN
10 attach the came, shall WITHIN ak DAYS aIles
being reQu, sted, furnish bonds Win surety req,
sonably satisfactory TO said oiheer thst theyWtt
defend saiu suit and pay each his part OF the
damages, cost and reasonable expenses IN the
same proportion as he proceeds are by thus Ael
diyisable ameng such plalntlusi ana u a polNun
only of such plaintiff furnish spch ponds, ana
Others refuse or neglect 10 CO. the ultlli"tu psV'
ceeds of the attachment shall be apphed IN SAT
ishetion or part satisfaction oil those plahllus
only who furnish such security.
SEC IS. when different plaintiffs shall have
acquired liens ON the same property, thing or
chose in action by virtue OF this sGt, tne ON
cers no shall levy execution OF the hrst al,
tach ing creditor, shall divide the proceeds OF
eale OF property to those Judgment creditors
who have attached In conformity with this act,
and complied with the provisions thereof IN
the proportions hereinbeiore speelhed'
SEo. IA This act shall take effect nom It's
passage, but shall not apply to or impair any
attachment which has already been made.
SEC is, When real estate shall be attached,
instead of dividing the proceeds OF Its sale
such estate shall be set of on eXection TO such
plaintiffs in common, but in the proportion OF
their respective judgments.
SEC Is. When either of the attachments on
any property ia by virtue OF county court snlt
or SUITS OF reQu6stIdllON, NHlh dNt cuah Apply
When an officer serving county court wit
shall have already attached on one or more JUS
tice WTits he shall file with the clerk copies
of such Justice writs and the returns there
on, az herelnbetore required In case oil other
prior attachments.
Approved Nov. 81, 1867.
An Act in addition to chapter thirty.three
of the General Statutes, entitled 'of pro-
sees
" 10 Ls,.sJ,, su1rIs3 ,Gr
SEC. /. Whenever any attachment shall have
been made upon mesne process Issued from any
court in this State of any live animals, or OF
any goods or chattels liable TO perish or waste,
or TO be greatly reduced in value by keeping, or
which cannot be kept without great or dispro
portiOnate expense, and the parties to such at
taChment 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-three of the General Statutes,
any party in interest in the action whenever
such attachment is made, may apply to the court
in which such action IL 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 9 AT least ten days notice of such ap.
pliCatiOn shall be given to al 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 attOr-
ney therein, such service shall be made on the
person having the custody of said property at
the time of said attachment, and if no such per-
soa can be found within this State, then an or
der of publication of such notice shall be made
by such court or judges thereof, and the same
shall be publishedin such newspaper or news
papers as they shall direct for three weeks sue
Cessively, the last of which publications shall
be at least ten days before the hearing of such
application.
SEC. B. Upon hearing such application, if
such court or Judges are satisfied that said prop
erty is within tie description given in the first
section of this act, they may make an order of
sale thereof to be executed by the officer hold
ing said property, and shall Issue a warrant to
such officer accordingly, and such order and
warrant shall be duly recorded in said court,
SEC. 4. The officer, to whom such warrant is
directed, shall proceed to appoint three disln-
terested and judCiOus persons acquainted with
the value OF such property as appraised thereof,
and they shall be sworn TO faithful discharge
of such duty, and shall appraise such property
at its full and iust value in money, and there
upon said officer shall advertise and sell said
property in the same manner, in all respects, as
Is provided by law for 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 tender to said officer the
amount of said appraisal in money, or give sat
| isfaCtOry security Tor the payment thereof said
| officer shall receive such tender or take such
security and deliver such property to such
| owner for the purpose, and as prOvised in sec.
ton forty-four of said chapter thirty three.
SEC 3. This act shall be construed and taken
| as in ADDITION 10 the provisions of chapter
thirty.three Of the General statutes, and not re-
| pealing the same.
SEC. 6. This act shall take effect from its pas
sage.
Approved Nov. II, 1867.
An act in relation to the change of venue in
| civil actions.
| II IS hereby enacted, dc
SEC. /. Whenever it shall appear to any
| Judge of the supreme court, holding the term OF
| the county court in any county in this State,
| that there Is good reason to believe that any
| civil action pending in such court cannot be i'm
| partially tried in the county where the same is
| pending, it shall be the duty of such Judges on
the petition of either party to said suit, to order
said cause to be removed Tor trial to the county
court in some other county in this State.
SEC 2. The petition TO remove q cause as
aforesaid shall be verified by affidavit and
served upon the adverse party in like manner as
writs of summons are required to be served
and if the adverse party resides without this
State, 1t may bs served upon the attorney Of
record in said cause.
| SEC 3. Whenever anorder ia made for the re
moval of a civil cause from one county court to
another, as is provided in the first section Of
this act, and such order is filed with the clerk
OF the court in which said cause is pending, it
shall be the duty of such clerk forthwith "a
transmit to the clerk of the conrtin which said
cause is ordered to be removed all the original
papers in said cause, together with certified
copy Of the docket entries therein, and also 8
certified copy of said order of removal; and
| thereupon it shall be the duty of the clerk oil
the court to which said cause is order ed to be
removed, to enter the cause upon the docket Of
said court, together with the docket entries al
certified by the clerk of the court from which
sald CaRse IL ordered to be removed; and said
cause shall proceed to trial in like manner anC
to all intents and purposes the same as if it haC
been originally brought to and entered upOr
the docket of said court.
SEC. d. All attachments, reCognizaECes
bonds and orders in said cause, made before
said removal, shall have the same force anC
validity as II the cause had continued in the
court to which it was originally brought.
SEC. 5, This act shall take effect from its pas
cage.
Approved New. 81, 1867.