The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1867-12-10
LAWS OF FVERNONT, 4. d. 1867:


An Act for the more equal distribution
amonI creditors of property attached
on mrnSe process.
II is hereby enacted hy the Gcner Il
As eriby OF the State of Vermont:
See. ! The lien which shall he created
by the first attachment on mensc process.
trustee process. or scqnestraiion in cham
Gerry when analogous TO attachment, on
any property, estate, or chose in action,
stall tot bc paramount 10 the rights of all
subs qn,nt attaching creditors; bat on
the contrary, such subsequent attaching
creditors ns shall. within the time in tins
"ct specified, adopt the measure herein
required, may participate IN the proceeds
o; >neh property, estate or. choose in ac-
tion, each in propnrtun to the amount of
the j1dInru,S he -h,ll finally recovcr.
S'c. ,. When the second or snl s..
qponi creditor shall desire to attach prop .
eriy or estate which has been already "a
ken as aforesaid. he, in order to create a
lien thereon equtl to and not subject To
snch nrior attachment, shall if the return
day of such prior writ has not arrived.
place his Own writ in the hands of the
sheriff or uiirer who has already taken
such property; and such officer shall. in
behalf of such second or subsequent plain
tiff, attach the same property, make re
turn that he has done so, and make or de
liver t, such second or Subsequent plain
til, or his attorney, certified copy OF
such second or subsequent writ, and of
such return; in which return such officer
shall certify that such second or sulse
qncnt plaintiff claims to participate in the
availS of snch prior attachment; and
such off 'cr shall also make and deliver a
certified copy of such prior writ, and a
list of the property, estate or chose in ac.
tion, attached thereon which COPIES
shall within twenty days he by such secs
ond or subsequent plaintiff filed in the of
flee # the Gle k of the county court for
the county in which such first atrarhmrn,
was made. Su'h subsequ mt plaintiff,
shall pay the officer for said copies at the
rate now allowed by law, shall Il, his own
expense cause said copies to be filed as
aforesaid, with said county clerk, and
shall pay said clerk twenty-five cents
costs for filing said copies.
Sec, 3 If at the time of claim to par.
ticipate in such lien, the prior writ has
! already been entered in court, such Sec
ond or sub.equent writ may be served by
the same or any other officer, and such
off in his return and copy thereof for
/ filing in the clerks office, shall be re-
qnired to give no further description of
the property attached than to refer there-
for to such first writ, designating the same
and stating the names OF the parties and
name of the off 'er who served the same,
and shall not be required to take posses
sion of such property.
See. 4. Such subsequent applicant
may at any time make s1ch an attach
meni and claim, until forty days shall
have expired from the rising of the com.
" court, at the first term to wheh such
! fist writ was made returnahle, and the
officer who attached such property, or
shall have tax n the same ON execution,
or shall have sold IN same IN execution.
shall continue TO hold such property or ite
avails until the expiration of such forty