St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1867-12-06
LAWS OF VERMONT, A. ID. 1867.
Public Acts designated bg the .Secetny
Of State Jo'' publication IN the newspapers.
An Act for the more equal distribution

among creultors ot property attached
on mesne process.
1t Is hereby enacted 10y the General
Assembly OF the State of Vermont
Sec. |. The lien shall lie created by
the first attachment on mesne process,
trustee process, or sequestration in chan
Gerry when analogous to attachment, on
any property, estate, or chose in action,
shall not be paramount to the rights of
all subsequent attaching creditors but,
on the contrary, such subsequent attach
lng creditors as shall, within the time in
this act specified, adopt the measure here
IN required, may participate in the pro-
cceds OF such property, estate or chose in
action, each in proportion to the amount
of the Judgments he shall finally recover.
Sec, ,. When the second or subse-
quent creditor shall desire to attach prop
crty or estate which has been already
taken as aforesaid, he, in order to create
4 lien thereon equal to and not subject
10 such prior attachment, shall if the re-
turn day of such prior writ has not ar
rived, place his own writ in the hands OF
the sheriff or officer who has already ta-
ken such property and such officer
shall, in behalf of such second or subse-
quent plaintiff, attach the same property,
make return that he has done so, and
make and deliver to such second or sub
Sequent plaintiff, or his attorney, certi-
fled copy of such second or subsequent
writ, and OF such return in which re-
tun such officer shall certify that such
second or subsequent plaintiff claims to
participate i'll the awaits OF such prior at
tachmcnt and such officer shall also
make and deliver certified copy of such
prior writ, and a list Of the property, es-
tate or chose in action, attached thereon
which copies shall within twenty days
be 10y such second or subsequent plaitlti
fled III the office of the clerk of the county
court for the county in which such first at
tachment was made. Such subscquen
plaintiff shall pay the officer for said cop
it, at the rate now allowed 10y law, shall al
at his own expense cause SAID copies tc
be filed as aforesaid, with said county
clerk, and shall! pay said clerk twenty.
five cents costs for tilng said copies.
Sec. >. If at the tIme oi such claim
to participate in such lien, the prior writ
ila- already been entered III court, sucI
second or subsequent writ may be serve,
by the same or any other officer, an(
-uch officer, in his return and copy there
OF t;or filing in the clerks Office, shall b,
required 10 gi;c no further description o
the property attached than to refer there
Tor To such first wit, designating tn
same and Stain" the names OF the par
r ties and the name OF the officer who >crv
ad the same, and shall not be require,
to take possession OF such property.
:. Sec. / Such subsequent applican
- may at any time make such attachmen
and claim. until forty days shall hav
expired from the rising of the count
court, at the first term to which sucl
first writ was made returnable, and tn
'9 officer who attached such property, o
shall have taken the same on execution
or shall have sold the same on execution
h. shall continue to hold such property o
its availS until the expiration of sue
forty lavs: and if, at the expiration, n
such certificate OF claim of participate
]. shall have been filed with the count
40 clerk, it slYail he the duty OF such office
holding such property or execution c
, proceeds Of sale, to proceed in the disp'
sal thereof as now required by law.
Sc >. If, before the expiration {
said forty days, any suc!! certificate
claim shall have beer filed, it shall |
the duty of the officer to keep either IL
properly taken or the proceeds of sa
thereof, until the amounts due tire 7,
Spec'ivo creditors, SO claiming, shall |
asccrtained by final judgment ; and sue
delay shall not dissolve the lien or secur
~ tv obtained. whether the same be {
personal property 10y trustee process,
on real estate but such lien or securl
shall remain good for forty days of tin
T.. after the last Of such final judgment sha
- be rendered, or the suits be otherwise sa
iSficd and settled
" Sec. 6. When the writ of the fir
attaching plaintiff, or either of sa
claimants, is made returnable to any otl
cr county than the one in which SUI
;. attachment of property shall be made,
when either of said plaintiffs shall ha
sued before q justice of the peace al
shall obtain final Judgment before su
rs Justice, such party shall within ten da
after final judgment in such writ, pr
by cure from the clerk of the court of su
,s5 'S55. county in which such Judgment Is re
OF lered, or from such justice, certii
copy of record of such judgment, and
co. the same with the clerk of the coun
court in such county i'll which such pre-
erty was taken, and in case such plai
tiff shall omit to do SO, the division
the proceeds of attachment, herein me
. toned. shall be male to the plaintiffs
5. claimants other than those so neglectll
'N' Sec. :. If any one of such plalnt
''' attempting TO get security on the sa
emf, thing shall suspect any other one OF c
ate ate, Iusion with the defendants, or attem
an ana ING to procure Il Judgment for grea
nj! ut, sum than is just and right, it shall
,hcr lawful for such plaintiffs, any time
,P.' 81 fore final Judgment, to file in the co
where such suspected suit is pending,
,siu declaration under oath. of such his s
picionS, and of his desire to be heard
Tie Tie the premises and the court thereur
t'1'. tai' shall give to such declarant as full
'''' opportunity of defending such suit as
rs Ms; o. longs to principal defendant. And
am court shall have tull discretion whet
men. to hear the original defendant and
tir1 titt' declarant together at the same trial,
nr, IH'' to allow separate pleadings and sepel
u IN, m, issues. But if Judgment shall be ren'
~ iyoi' ed on the declarant's defense for
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