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

An Act in addition 70 chapter thrty-three
Of the General Statutes, entitled ''Of
process.
Il is hereby enacted, DC.
SEC. l. Whenever any attachment shall
have been made upon mcsne process issued
from any court in this State Of any live ami
mails, or of any goods or chattels liable 10
perish or waste, or to be greltly reduced in
value by keeping, or which cannot lie kept
without eat or disproportionate expense.
and the parties ~ such attachment shall not
have consented IN writing to the sale Of
such property upon such pr cess, in the man
ner provided in section thirty-nine Of chapter
tbirty-three of the General Statutes, any
party in interest in the action whenever
such attachment is made. may apply 10 the
court in which such act on is pending, at any
term thereof, or TO the judges thereof in va
cation, for an order of sale of such property,
by the officer attaching the same.
SEC. ?. At least ten dlys' notice Of such
application shall be given to all the parties
to such action, 10 lJe served in the same man
ner as writ of summons, and in case any
such party shall not reside in this State, SER
vice shall be made upon his agent or attorney
therein. and if he shall have no known agent
or attorney thcr in such service shall be
ma ie on the person having the custody of
said property at the time of said attachment,
and If no such person lie found within
this State, then an order OF publication of
such notice shall be made by such court or
Judges thereof, and the same shall be pub
lished in such newspaper or newspapers as
they shall direct, for three weeks successfully.
the last of which publications. shall be Mt
least ten days before the hearing of such
application.
SEC. ,. Upon hearing such application.
if such court or Judges are satisfied that said
= rt.s n
the first section Of this act, they may make
an order Of sale thereof to be executed by
the officer holding said property, and shall
issue warrant To such officer accordingly,
and such order and warrant shall be duly
recorded in said court.
See !. The officer, TO whom such warrant
is directed, shall proceed to appoint three
disintereste and udicious persons acquainted
with the value Of such property as apprais-
ers thereof, and they shall be sworn to faith
ful discharge of such duty and shall appraise
said property 1T its full and Just value IN
money, and thereupon said officer shall ad-
vertise 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 ut any time
before such sale tender 10 said officer the
amount ct said appraisal in money or give
satisfactory security Tor the payment thefcol'
said officer shall receive such tender or take
such security and deliver such property to
such owner for the purpose, and as provided
in section forty-four Of said chapter thirty
three.
SEC. j. This act shall * construed and
taken as in addition 10 the ,royisions Of
chapter thirty-three Of the General Statutes.
and not repeating the same
SEC g. This act shall ta ke effect from its
passage.
Approved Nov. u, 1867.