Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1881-01-05
No. a9.-An act relating to taxable fees of author.

l.
other process IS made for any party by person
specially authorized thereto fees for such service
shall not be recoverable of OF taxed against the OPP
pose party in OF onehaf OF the taxable fees
Of proper officer had such process been served
by such officer.
Approved December u, 1880.
No. 3o.-An act in amendment of section forty
nine of chapter thiry-one of the general statutes
II is hereby enacted, etc.
SEC. 1. Section foTty-nine of chapter thirty-one /
of the general statutes is hereby amended so as to
read as follows.
The constable Of the town in which a justice |
court is held, shall be the proper officer OF such |
court and, in his absence, and also whenever at |
such court jury is demanded and he is interested
in the event of the cause or matter then at ISSUE or
is related to either party within the fourth degree
OF consangunity affinity, the justice may appoint
as officer of such court any suitable person, who
shall receive the same fees for his services con-
stable.
Approved December 4, 1880.
No. gan Act abolishing counsel fees in certain
cases.
1t is hereby enacted, ETC.:
SEC. I. No compensation shall be paid by the
state to counsel assigned to defend respondent
in criminal proceeding nor to COUNSEL assigned
to assist states attorney in any criminal proceed
ing in any court in the state, except to counsel as
signed by the county court in capital cases, cases
where the punishment is by Imprisonment in the
state prison for term exceeding. two years, and
cases where the states attorney is disqualified by
reason of interest or relationship TO the respond
emit.
SEC a An act entitled IAN Act providing for
assignment Of counsel in behalf of respondents in
| criminal cases under certain circumstances" APP
proved November AZ, A. D. 1872, is hereby re-
pealed.
SEC 3. The cost of examination of any person
| accused Of crime exceeding the jurisdiction of
justice of the peace to try and determine, may be
certified by said justice to the auditor of accounts
who shall audit the and may allow all legal
| fees and costs specified above and the clerk of
the court in the county where such examination is
held. shall draw an order for the same on the State
| treasurer.
SEC 4. Sections six and seven Of chapter one
hundred twenty-four Of the General Statutes
hereby repealed
] Approved Dec. "a, 1880.
No. 32.-An act in relation to executions in cases
of injunctions, and in cases Of subsequent attach
| ing creditors.
| II is hereby enacted etc:
SEC. L. In all cases where executions have or
4 shall be issued, and have been shall be put into
the hands of proper officers for collection if in
junction is issued to stay the collection of the same
the officer may retain such execution, and if such in
junction is vacated the clerk of the court of chan
Gerry shall give to the plaintiff in said execution on
demand certificate Of the date of the injunction
and the vacation of the same and the officer hold
ing said execution, the receipt of said certificate
shall proceed to levy and collect said execution,
and the time between the issuing said injunction
and vacatng the same shall not be counted in
counting the number of days the execution has to
run and the officer shall annex such certificate to
his return said execution. And if said officer
shall return said execution to the proper authority
issuing the same, within sixty days from the date
thereof, deducting the time the injunction was in
force. it shall be deemed made in the life of the
execution for all purposes whatever, and his acts
and doings shall be as valid for all purposes as il
made within sixty days from the date of the execu-
ton.
SEC 4 When subsequent attaching creditor
shall recover judgment while prior suit is pend
ing, which the same property is attached, the
| creditor may take an execution on said judgment
at any time within thirty days after all prior at
tachments are discharged, if the property attached
is personal property and If real estate within five
months after the prior attachments are discharged
= as aforesaid, though more than year and day
has passed after the rendition of said Judgment anc
S if an execution was taken out at the time OF the
: rendition of said judgment, which is unsatisfed
S the plaintiff may take out other executions or
: said judgment within the time aforesaid, though
S the judgment has lain dormant for than
year and day; and said execution. other execu
TONS if taken out as aforesaid, shall hold the lier
on the goods or estate so attached as aforesaid,
put into the hands of the attaching officer within
= thirty days after the discharge of all liens sale
n property if the property was personal, FIVE
e months if real property.
t SEC. ), The authority issuing said writ if NOR
S than a year and day has expired from the rendi
i ton of said Judgment shall state in said execution
that the plaintiff in said execution was subsequen
e attaching creditor.
n Approved December IS, 1880.
e No 33.-An act providing for the attachment o
mortgaged personal properly.
II | 1t is hereby enacted, ETC:
e SEC. I. Any personal property not exempt from
= attachment, subject to any mortgage, pledge o
s lien NAV be attached taken in execution and sol,
# in the same manner as other personal property ex
cept as is herein otherwise provided as the propert
5. of the mortgagor, pedgor, or general owner.
e SEC. 4. The officer making such attachment o
IS taking such property on an execution may deman
of the mortgage, PLEDGE of such property or tn
holder of such lien an account in writing and unde
oath of the amount due upon the debt secured b.
!, such mortgage, pledge, or lien, and the officer ma
| lin ouch in OAy until tha
>, is given without tender or payment; and if suc
y mortgage, Pledge or holder resides in this Stat
he shall render such account within fifteen day
after such demand, and if he resides without thi
o State he shall render such account within thirt
, days after receiving demand in writing TO rende
l. such account. And if such account is not rendered
# within the time aforesaid or if false account i
rendered such property may be holden and soil
; discharged from such mortgage, pledge or lien
SEC. 3. If such debt is due at the time of rem
dering such account the creditors so attaching O
causing to be taken execution such property
J., may within ten days after such account is rem
dered pay or tender the amount so rendered t
the mortgage, PLEDGE, or holder of such lien AM
10 hold and sell such property free and clear of sue
20 mortgage, pledge or lien.
r SEC. 4. If such debt is not due at the tim
Nv of rendering such account but becomes due befor
,ee the time fixed by the officer making such attach
r. ment or levy of execution for the sale of sue
r property such creditor within ten days after tn
is debt becomes due and before the sale, may pa
,e or tender the amount thereof to such mortgagee
i PLEDGE, holder OF such lien, and hold and SCI
IS such property is provided in the preceding
)r section.
SEC. s. If such creditor shall pay or tende
g such debt is provided in the two preceding
sections to the mortgage, PLEDGE or holder 0
such lien he shall be subrogated to all the right
of such mortgage, Pledge holder, and ma
cause the same to be sold in the same name
that unincumbered personal property may now b
J. sold on or final process, and the proceed
r of such sale shall be applied first in payment Q
E. the sum paid by such creditor to such mortga
gee, Pledge, or holder second to satisfy such ex
" ecution,
Iee SEC. s. If the debt secured by such mortgage
I'd pledge lien is not due at the time fixed by sue
Ne officer for the sale of such property such credito
m may offer to pay such debt to the mortgage
|, PLEDGE, or holder of such lien and if such mort
E. gage, Pledge, or holder shall refuse to receiv
f. the such property may be sold subject to sue
4, mortgage pledge or lien and the purchaser of sue
property such sale shall take by such sale all tn
right title and interest that the morgagor pledgor
or general owner of said property had in and t
tie the same and shall be subject to the same dute
and obligations in regard to such property tn
mortgagor, pledgor or general owner was under a
n the time of such attachment or taking execution
at Approved December "a, 1880
e No 34-An act relating to the attachment and sal
,e of mortgaged personal property.
as 1t Is hereby enacted, etc..
l. SEC. 1. When a mortgagor of personal propert
lie is summoned in an action as trustee of the mort
lie gage of such property the plaintiff may direct tn
officer having the writ in such action to attach tn
interest of such mortgage. The officer when s.
20 directed shall attach such interest by leaving
w copy of the writ in the town clerks office VIII r.
IS the mortgage is recorded with his return thereon
ir describing the property, and the interest of tn
er mortgage therein and the town clerk shall ente
10 upon the margin of the record of such mortgage
re statement that the interest Of the mortgage i