Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1878-12-06
Mo. Im.-An act to punish certain ofrtnse..

ed njli or other place Of confinement in the STATE,
except the house OF correcliD, for period exceed
ing sixty days, for rOn-paymGnt of line and costs
imposed under She rroy isons OF this seetiJn.
Approved November q, 1878
No. InO.-An act to punish certain oiTenses.
l. is hereby enacted. etc;
Sec l. Il any person shall drive any nails.
81 ikos, or bolts into any mill logs or timbci d. sn
eel to Re sawed with the intent to destroy. ~ euda
ger life or property he shall be punished hy fine not
exceeding three hundred dollars, BY mp. sun-
ment in the State prison not exceeding one year,
by both Of said punshnents, in the dfCre.sOn OF
the c -urt.
See. ;. This act shall take effect from its pas
sage.
Approved November D. ISIS.
No. lnl.-An act in amendment OF se,t on twenty
five, chapter thirty-three Of the General Statutes
in reiatioa to service OF process.
Ii is hereby enacted, etc:
Sec. /. In addition to the articles and property
mentioned in section twenty five OF chapter thirty
theee of the General Statutes and the amendments
thereto, hereafter there may Re attached in the
method thereby provided the following property,
that i to say-Ail buildings or structures which
have been or may be erected by tho mortgagor or
lessee of premises upon the land Of the mortga2ee or
lessor. under sgch circumstances that the mortgas
or lessee has or may have the sht to remove the
same before or At the expiration o. tae lease or
when the condition Of such mortgage may become
absolute. provided, however, that in addition to the
copy lodg ri in tho town clerks Office, like true
ana attestsd CORY Of the process with description
officer thereon, shall be served upon the
MORTGAGE or lessor in the same manner
is provided for the attachment of personal
property which is held by any person lessee and
bailee provided in section thrty-Oue OF said
chapte. thirtythrec and upon sale on execution the
vendee at such sale shall succeed all the rights OF
the original lessee or mortsas cor to the property.
See. ?. This act shall! take eject from its pas
sage.
Approved November 25, 1873.
No. LOAN act in amendment of chapter ninety
four General Statutes, and all acts supplements
thereto and in amendment Thereof.
Ii is hereby enacted, etc;
See. L.. There shall be IN addition to tle kinds OF
liquor or drinks the sale, furnishing giving
away Of which is prohibited in CHAPTER ninery-.Our
OF the General Statutes, and all acts supplemental
thereto and in addition thereof, tae words "lagsr
beer and all malt liquors."
Ssc. Section OF No. 30, acts OF A. ID. 1876, Is
hereby amended by inserting after the word liquor
in the fourth line, the words la:er beer
Sec. 3. This act shall take effect from Its pas
sage.
No. lOs An act providing for mortgages of per
sonal property.
| 1t is hereby enacted etc.:
Sec. l. All personal property not exempt from
attachment or levy of execution under the laws
of this State, shall be subject TO mortgage agree
ably TO the provisions of this act.
| Sec. :. Possession Of the mortgaged property
| must be delivered to, and retained by the mort
glgee or the mortgage mist be recorded in the
office of the clerk of the town in which the mort
gagor resides at the time of his making the same
or II he resides out OF this state, in the town in
which the property Is situated, and no property
upon which such security is made, shall be re
moved from this state, except by consent of tho
mortgugOr.
| Secs. Each mortgagOr and mortgage shall
\ make and subscribe affidavit in substance as
| follows: We sevcrIly swear That the foregoing
mortgage is made tor the purpose of securing thu
| debt specified in the conditions thereof. and for
| no other purpose whatever, and that the same is
| a just debt honesty due and owing from the mort
l
the Ger iflc lte OF the oIih signed by the authori
| ' administering the same, shall be mads upon
or appended 10 such NOR gage, and recorded
| Herewith.
| sec. 4. When corporation Is pIr.y to such
mortgage. the affidavit requiret may be made
| and subscribedby any director, cashier. or treas
| urcr thereof or by any person authorized on tho
part OF such corporation to make or receive slci
| SECT. If such mortgage is given to indomni
fy tine mortSlSce gdinst any liability assumed al
| to secure the fu ii ment of any agreement othe
| than the payment OF n debs due from the mort
gngor To the mort srSee, such liability or agree
ment shall be stated truly and specifically in thu
| condition of the mortgage. and the affidavit
| shall lee 50 far varied rs t. verify 1.-THE validity
| truth and Justice of such liability or agree
Sec. 6. Auwi.lfu. fa'schood committed in an,
such affidavit shall be deemed perjury and pm
| ished accordingly.
! SEC. !, No such mortgage shall be valid agains
| any person except the mortgngor, his executor
and administrators, unless possession of propert,
|
sworn to, and recorded in the manner hereil
| prescribed.
Sec 5 No mortgagor of personal property
| shall sell or pledge any such property by hin
| mortgagel without the consent of the mort gnge
in writing upon the back Of the mortgage and OF
| the margin of the record thereof, in the Ollie
| where such mortgage is recorded.
| sec. .. No mOrt9agor shall execute any secon
| or subsequent mortgage of personal property
| while the same is subject TO be previously exis
| Ing mortgage or mortgages gwen by such mort
| lragor unless the fact of the existence of sue
| previous mortgage or mortgages are set forth i
| the subsequent mortgage.
| sec. 10. II any mortgIsOr shall be guilty OF an
oirense uninst either OF the two sections pr, cet
| ing he shall be punished by fine equal 10 dnuO
the value of tine property so wronSfui'y 40 q
| pledged or mortgaged, one-hnlf to the use Of lli
party injured. and the other half 10 the use VI III
| town where the mortgage i recorded.
Sec. IL. Prosecutions under sections eight an
| nine of this chapter may be commenced upo
| complaint of any town grand JHror or state
| attorney in the county before any ju,
lice of the peace, who shall have tul juris
diction of all oifenses mentioned in this char
sec, y. Every town clerk shall procure q
the expense OF the town and keep II booklof rec
ords for personal mort cages, he shall recor,
therein any mortgage, transfer or discharge, o
give II certified copy thereof when requested, o
| payment OF his fees therefor at the rate OF tie
| cents per folio; shall certify the time when III
same Is received and recorded, and keep an al
phnbetical index of mortgagors and mortgages
which record and index shall be open 10 publ
| ln-Iltcllpn
See. 49, When the condition of any mortglg
of personal property has been broken, the NOR
gngor or any person holding under him or PEI
son holding subsequent mort gage may redeei
the same by paying rendering TO the mortgng
zee the amount due on snch mortgage with all rea
sonable costs and expenses incurred by reason O
such breach of condition at any time before a sal
thereof or foreclosure and time of redemption
expired, us hereinafter provided.
| Sec. IL The mOrtgngee may Mt any time ate
thirty days from the time Of condition broker
cause the mortgnged property, or any part Their
OF TO be sold at public auction by some publ
officer at some public iplace In the town whei
the mortgage resides. or where said properi
Is situate notice of the time. place and purpos
of such sale being posted at two or more publ
places in such town ut least ten days prior there
to.
| Sec. l.. The mortgage shall notify the MOI
Gagor OF person; holding under him, and person
holding subsequent mortgages, OF the time IN
| place of sale, either by notice in writin. delive
ed TO him. or LETT nj his abode. II within tho tow
| or sent by mail If he does not reside in sue
town ut leist ten DAYS previous to the sale.
Sec. 10. The proceeds Of such sale shall be a.
| piled 70 the paymen. OF tho demand secured b
such mort gage and the costs and expenses OF keeT
ing and sale. and the residue, !: any, shall be pal
to persons holding subsequent mortgages III the
order which shall be applied to liquidate tn
claims secured by such mortgage or mOrtgag &c
ami i. there be no Subsequent mortgage, then
the moTtgagOr, or person holding under him. on d
mand.
Sec. l.. This act shall take effect January
| 1879.
Approved November &c, 1873.