Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1881-01-05

attachment.
SEC s. When any such action is pending in the
,ounty or supreme court, if the mortgage files
with the clerk of such court bond in penal sum
,qual TO the amount that the officer is directed to
attach property TO secure in the wr: in such action
with sufficient Sureties to be approved by such
,lerk, conditioned that he will pay the judgment
hat may be rendered against him in such action,
such trustee shall be discharged and the attachment
shall be dissolved.
SEC 7. Personal property not exempt from
attachment. which is encountered by a Chattel
mortgage, may, notwithstanding such mortgage,
be attached on mesne process and sold on execution
n the same manner as unincumber personal prop
erty in any action against the mortgagor and
mortgage for the recovery Of a debt or demand
for which both mortgagor and mortgage are
adjudged holden and the whole interest in such
property shall pass to the purchaser such sale.
SEC. s. Wherever the word mortgage" occurs
in the seven preceding sections, 1t shall be con-
strued to mean the mortgage, assignee of the mort
gagee, or other person holding the interest OF the
mortgage.
SEC 9. This act shall take effect from its pas
sage.
Approved December rS, 1880.
No. 3s.-An act in amendment of an act provid-
ing for mortgages of personal property.
II is hereby enacted, etc.
SEC. I. Section two of the acts Of 1873, approved
Nov. 76, 1873, providing for mortgages of personal
property is hereby amended so as to read as fol-
lows:
" Possession of the mortgaged property shall be
delivered to and retained by the mortgagee or the
mortgage shall be recorded in the Office of the clerk
of the town in which the mortgagor resides at the
time of his making the same or If he resides out OF
this State in the town in which the property is sit
uated, and no property upon which such security is
made shall be removed from this State except by
consent of the parties to such mortgage, or their
assigns"
SEC a. This act shall take effect from its pas
sage.
Approved October 2s, 1880
No. 36.--An act to amend section one of act en-
titled IAN act providing for mortgages of person
al property" approved November 26, 1873.
1t is hereby enacted, etc.
SEC. 1. That section one of an act entitled "Ar
act providing for mortgages Of personal property
is amended so as to read as follows:
"All personal property shall be subject to mort
gage agreeably 20 the provisions of this act"
Approved October 2s, 1880,
No. 37.-An act in addition to section twenty-fv,
of Chapter thirty-three of the General Statute
relating to the attachment of personal property
IT is hereby enacted, etc.
SEC l. There shall be added to the list Of per
sona property enumerated in section twenty FIVE
chapter thirty three of the General Statutes, AM
subject to all the provisions of said chapter, iro
safes, horse powers and threshing machines, ston
channeng or cutting machines, drilling and mar
Bile boring machines and portable engines.
Approved Dec. "a, 1880.
mechanics liens.
1t is hereby enacted, ETC..
SEC. I. When the owner of real estate die:
pending an action brought against him to enforce
lien on such real estate, the action shall not abat
by reason of the death of such owner, but the es
| ecutor or administrator of the deceased shall b
cited in, and the suit shall proceed to final jude
ment against the representative of the deceased d.
PENDANT and such real estate shall be holden &c
the amount due upon such judgment with the CO..
| of the copy of the record of the judgment and n
cording, as if it had been mortgaged for the pay
ment OF the same in like manner as If the deceaSe
defendant were alive provided that such lien sha
not be enforced to the dimnution of any right
interest given by law to the surviving husband
wife, as the may be, to the children of sue
| deceased person.
| SEC, z. This act shall take effect from its pa
| sage.
| Approved December "a, 1880.
No. 3q-An act relating to process in divorce case
| 1t is hereby enacted, ETC.:
| SEC. l. The summons attached to petition #
a divorce may be signed by the clerk Of the court
which it is returnable, or by a judge Of the count
court to which it is returnable, or by Judge of Il
supreme court, or justice of the peace or master
| chancery.
SEC a. This act shall take effect from its pa
| sage.
| Approved December a., 1880.
No. 4o.-An act in amendment of an act entitlt
IAN act in amendment of sections fourteen fl
| teen, sixteen and seventeen of chapter twenty
the General Statutes, entitled Of the support ar
removal of paupers and relief OF the insane poor
approved November 26, 1873.
II is hereby enacted, ETC.:
SEC. I. The last clause of section two of a
entitled an act in amendment of sections fourtee
fifteen, sixteen and seventeen of chapter twenty
the General Statutes, entitled "of the support al
removal Of paupers and relief of the insane poe
approved November a6, 1873" is hereby amend'
so as to read as follows, viz And the states a
torney's account for necessary expenses, in SUI
cases, shall be paid by the State, his account to
audited and allowed by the state auditor
SEC. =, This act shall take effect from its pa
sage.
Approved December "a, 1880.
No. 41.-An act vestng police powers and pu
ishing depredations upon fair grounds.
1t is hereby enacted, etc..
SEC. I. All persons duly appointed by the boa
of directors OF any State, county, town, or 9th
incorporated agricultural society or fair, marsh
deputy marshal, superintendent or police, sha
during the days of the fair, be vested with the p
lice powers of special constables.
SEC. 2. Such special constables, before enterir
upon the duties of their Office, shall be duly swo
to the faithful discharge of the same, and reco
of the appointment and that they have been du
sworn, shall be kept by the secretary of such SOC
ETY. or fair.
SEC. g. Whoever trespasses upon any ia
ground of any State, county, town, or other inco
porated agricultural society or fair, by climbir
over or breaking through any fence enclosu
thereof, or committing any depreciation by cuttiI
or destroying any timber, tree or water pipe with
such enclosure or breaking or carrying away al
property owned or controlled by such society
fair, shall be fined not less than FIVE nor more tn;
one hundred dollars, and shall be liable cvilly f
all damages sustained by such wrongful act.
/ SEC, 4. This act shall take effect from its pa
sage
Approved Dec. IS, 1880.
No. gan act in amendment of and in addition
CHI nina tha Il,
ing to nuisanceS.
1t is hereby enacted, ETC.:
Sec. Any owner or keeper Of any stallion ov
one year of age who shall between the first days
April and December in any year in any village
this State keep such stallion in any private enco
ure in such manner as to disturb and annoy Il
owner or occupant of any ad joining premises sh;
upon conviction thereof be fined FIVE dollars
each and every week he shall SO keep said stallic
after he has received three days notice from SUI
adjoining owner or occupant to remove such sta
lion.
Approved December 18, 1880.
No. 43.-An act defining the word tramp"
1t is hereby enacted, etc (:
SEC. I. male person over sixteen years of a,
(not blind personO going about from place
place and asking or subssting upon charity, or wi
is without ascertainable means OF legitimate SUI
sistence, shall be deemed tramp.
| SEC. a. Sections one and FIVE of number fou
teen of the acts OF 1873 are hereby repealed.
Approved December 10, 1880.
No. 44.-An act to amend section thirty of chapt
one hundred and thirteen of the General Statute
approved November 10, 1866.
1t is hereby enacted etc:
| SEC. I. A person who deposits any poison
poisonous substance upon lands belonging to hin
self or to another person, or in the buildings
another person, shall be fined not less than ten dc
lars and not more than fifty dollars, and shall
liable in damages to a person injured by the loss
sickness of domesticated animal occasioned /
such deposit. Provided, that this section shall NJ
be construed to prevent person from using poison
on his own lands for the purpose of destroyir
insects destructive to vegetation.
/ SEC. O. Sertion thirty of chapter one hundrt