National opinion. [volume] (Bradford, Vt.) 1865-1874, 1867-12-13

officer to attach property. The clerk /
shall in such case note such issue OF |
such duplicate in his register.
SEC. II. When any creditor
shall make additional attachment, !
as in the last proceed n9 sect o.
mentioned. the sheriff who Shall 50 |
attach Shai send to the clerk OF the |
court in the county where said writ |
was first served, copy OF his re
turn thereon: and the creditor OF
plaintiff who has thus made ad
ditional attachment shall cause 1t to
be filed, and not be entitled to re
ceive any portion OF the proceeds Of
the first attachment until he Shal.
either furnish bonds, with surety to
the satisfaction OF the clerk, that hc
Will bring te the etticcr who made
the first attachment for the division
OF all the proceeds OF such second OF
additional attachment, or shall ac
tually pay to such officer such pro
cceds; and neglect to comply with
this requirement for ten days after
receiving the proceeds OF such adj
dltiOnal attachment, shall forfeit all
his lien under his FIRST attachment,
and the proceeds thereof shall be
divided among the other p!aintli1s
who shall have taken said property,
as IN the first section OF this act pre-
scTbea
SEC. y. Whenever the proper
ty attached successiyeiy, as atore-
said, by different plaintiffs, Shall
turn out to be of contested owner
,bip. and cc,".iit shall be brought, eli
jb,r against the ol!ccr. or either OF
the plaintiffs, for taking the sane
a, also when any suit is brought, or
such officer fears a SUIT WA be
brought, by reason Of doubt whether
such property is attached, he may
deliver such property to the person
and at the place where he took the
same. and such return shall be III
mitigation Of damages, unless the
plaintiffs, or their attorneys, who
have caused him to attach the same
shan within six days after being re
qucstel, furnish bonds with sure
Is reasonably satisfactory TO said
officer that they Will defend said
suit and pay each his part Of the
damages, coA and reasonable eX-
pcnSe iu the same proceeds are by
this act divisible among such plain
tjtls: and if a portion only OF such
plaintiffs furnish such bonds, and
others refuse or neglect to do, the
ultimate proceeds Of the attachment
sha! be applied III satisfaction OF
part satiaflction OF those plaintlns
only who furnish such security.
SEC. Is. When different plain
tiffs shall have acquired liens on
the same property, thing or chose
in action by virtue OF this act. the
officers who shall levy execution OF
the first attaching creditor, Shall dl-
vide the proceeds of sale OF proper
ty to those Judgment creditors who
have attached in conformity Will
. this act, and complied with the pro
visions thereof, IN the proportion:
herein before Spcclhcd.
SEC. "A. This act shall take ct
feet from its passage, bu. shall not
apply to or impair any attachmen
, which has already been made.
, SEC. II. When real estate shall
be attached, instead OF dividing th'
proceeds of its sale such e>tatl
Shall he set of on execution To sucl
q plaintiffs IN common, but IN pro
h portion to their respective Judg
Il mCntS.
e SEC. 10. When either Of the at
/ tachmeuts or any property IS D,
n virtue Of a county court suit or SUI
II Of sequestration, this act ShaliappIN
# When an officer serving a count
e court writ shall have already attacl
II ed ON one or more justice wits, h
.e shall file with the clerk ropes q
. such Justice writs and the return
thereon, as herein before require
IL in ease of other prior attachments
! Approved NOV. y, 1o6l.