Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1881-01-05


sse(, wiz tSs service sr, Of writ, subpoena or
specially authorized thereto, fees Tor such service
shall not be recoverable Of or taxed against the OPP
posite party in excess OF Of the taxable fees
Of proper oitieer had such process been served
| by such officer
Approved December y. 1880.
No. 90. An act in amendment Of section forty
nine Of chapter thrty-one of the general statutes
| 1t is hereby enacted etc.
SEc. 1. Section forty-nine Of chapter thirty-one
Of the general statutes hereby amended so as to
read as follows
The constable Of the town in which justice
court Is held, shall be the proper oiheer 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 matter then at issue, or
Is related to either party within the fourth degree
OF consanguinity affinity, the justice may appoint
as oiheer OF such court any suitable person, who
Approved December =, 1880.
No. 81 .-AnAet abolishlng counsel fees in certain
| cases.
1t Is hereby. enacted, etc.
SEC. /. No compensation shall be paid by the
in criminal proceeding nor to COUNSEL assigned
to assist states attorney in any criminal proceed
ing in any court 10 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
emit
Src ? An act entitled An Act providing for
assignment of counsel in behalf Of respondents In
criminal cases under certain circumstances" APP
Pesied ''.'"'''' - ~ =. ''''' "e'e'' ''
accused Of crime exceeding the jurisdiction Of a
justice Of the peace TO try and determine, may be
eeriihed by sad Justice 10 the auditor OF accounts
fees and costs specified above, and the clerk OF
the court in the county where such examination is
hold ball sLa a.. c..
treasurer
SFe 4. Sections six and seven of chapter one
! hundred twenty-four Of the General Statutes are
: hereby repealed.
! Approved Dec. "a, 1880
No "a. An act in relation to executions in cases
OF injuneuons, and in cases OF subsequent attach
II Is hereby enacted, etc:
SIC 1. In all cases where executions have OF
shall be issued, and have been shall be put into
the hands OF proper officers for collection, II in
junction is issued TO stay the collection Of the same
the ohcer may retain such execution and II such in
junction is vacated the clerk Of the court of chan
Gerry shall give TO the plaintiff in said execution or
e demand certificate Of the date OF the injunction
and tho vacation Of the same and the officer hold
ing said execution on the receipt OF said certiheat,
shall proceed to levy and collect said execution
r and the time between the issuing said injunction
and vacating the same, shall not be counted II
counting the number Of days the execution has tC
run and the officer shall annex such certificate tC
IT his return on SAID execution. And II said office
i shall return said execution TO the proper authority
issuing the same within sixty days from the dat,
thereof, deduetng the time the injunction was 1t
= force il shall be deemed as made in the life of til,
e execution for all purposes whatever, and his act
and doings shall be valid for all purposes
made within sixty days from the date Of the exccu
ton.
p SEC. When a subsequent attaching creditor
shall recover Judgment while prior suit is pend
ot ing, on which the same property IS attached the
al creditor may take an execution on said judgment
C. at any time within thirty days after all prior at
y achmcnts are discharged, II the property attached
is personal property, and If real estate within INV,
months after the prior attachments are discharged
l. as aforesaid, though more than a year and day
has passed after the rendition OF said Judgment and
as If an execution was taken out at the time of the
n rendition Of said Judgment, which is unsa,isfed
rs the plaintiff may take out other executions on
L. said judgment within the time aforesaid, though
IS the judgment has lam dormant for more than a
Is year and day and said execution other execu-
~ tons, II taken aforesaid shall hold the lien
h. the goods estate attached aforesaid, il
in put into the hands Of the attaching officer within
l. thirty days after the discharge OF all liens on said
m property II the property was personal or five
re menthsif real property;
MS than year and day has expired from the rendi.
al Of said judgment shall state in said execution
that the plaintiff in said execution was subsequent
re attaching creditor.
IN Approved December IS, 1880
De No ,,.-An act providing for the attachment, o
mortgaged personal properly.
al It is hereby enacted, ETC.;
ne Sac. /. Any personal property not exempt from
q attachment subject TO any mortgage pledge @
is lien, may be attached taken in execution and sol,
OF in the manner as other personal property ex
cep, is herein otherwise provided, the propert,
sn e liz oeer making such attachment GMnf
es taking such property on an execution may deman,
Of the mortgage, Pledge Of such property or th
holder OF such lien an account in writing and unde
oath OF the amount due upon the debt secured b,
n such mortgage. pledge or lien, and the officer maj
to retain such properly In his custody until the sam
~ is given without tender or payment and IL sucl
~ mortgage, Pledge or holder resides in this Stat
he shall render such account within fifteen day
.fen.. ~ 1....a .4 ~.
10 state he shall render such account within thin,
1, days after receiving demand in writing to rende
u such account And Il such account is not rcndere,
nj within the time aforesaid or il false account /
rendered such properly may be holden and sot
IS dissharsed from sush nh mortgage pledge or lien
sEe; 3. II sueh aeoi IS que al The time q rem
causing 10 be taken on execution such properly
b. may within ten days after such account is rem
the mortgage, PLEDGE, or holder OF such lien an,
to hold and sell such property free and clear OF sucl
y mssrsase PIed ssb Or ss lsn !, no, au. u.
" of rendering such account but becomes due beor
he 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 III
lis debt becomes due and before the sale, may pa
be or tender the amour, thereof to such morgagee
is such property as is provided in the preceding
or section.
" Sac. S, II such creditor shall pay or ,ende
s. such debt as is provided in the two preceding
sections to the mortgage, Pledge holder O
such lien, he shall be subrogated all the right
OF such mertgagee, Pledge or holder, and ma
= ! cause the same to be sold in the same manne
that unincumbered personal property may now b.
D. sold on or final process, and the proceed
r of such sale shall be applied first in payment 0
E. the sum paid by such creditor such morga
gee Pledge, or holder second to satisfy such ex
~ ccutOn,
,e SIC, 6. II the debt secured by such mortgage
ID pledge lien is not due at the time fixed by sue
le officer for the sale OF such property such credito
N may offer to pay such debt TO the mortgage
n PLEDGE, holder Of such lien and II such mort
e. gage, Pledge. or holder shall refuse to receive
E. the same such properly may be sold subject TO sucl
\ mortgage pledge lien and the purchaser of sucl
property such sale shall take by such sale all tn
ar right title and interest that the mortgagor pedRor
or general owner OF said property had in and /,
ie the same and shall be subject to the same dutie
and obligations in regard such property as TN
mortgagor, pledgor general owner was under a
N the time OF such attachment taking on execution
At Approved December a., 1850.
c No. 34-An act relating to the attachment and sal,
lie OF mougaged personal properly
rs 1t is hereby enacted, etc;
l. SEc l. When mortgagor OF personal propcrt,
he Is summoned in an action as trustee OF the mort
gagee OF such property, the plaintiff may direct IN,
oiieef having the writ in such action to attach TN,
interest OF such mortgage. The officer when s.
70 directed shall attach such interest by leaving ;
" copy OF the writ in the town clerks office vii =,
rs the mortgage is recorded, with his return thereon
describing the property, and the interest OF IN,
er mortgage therein and the town clerk shall ente
10 upon the margin OF the record Of such mortgage