The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1884-12-10

select In lieu of oxen or steers but not exceeding
In value the sum of two hundred dollars, with |
sufficient forage for the keeping of the same |
through the winter; but the exemption of said
horses IND forage therefor Is not to affect an |
attachment Issued on n contract made on or before
the first day of December, A. D., 1866, or an exc.
cutl0n Issued on judgment founded on such con. |
tract. There shall be exempt as aforesaid, also
one two-horse wagon with willetrees and neck |
yoke, or one horse wagon used for purposes of
tcoming, or one OK cart, as the debtor may choose
one sled, or one set of traverse slcds either for
horses or oxen, as the debtor may select two
harnesses,two halters two chains one pillow, and one
OK yoke, which with the oxen or steers or horses
which the debtor may select for team work. shall
not exceed In value two hundred and fifty dolars,
but the exemptions in this paragraph are not to
Affect an attachment in n suit founded on n con. |
tract made or before the first day of December
A. ID. 1878, or to an execution issued on n iudg- |
ment founded on such contract. There shall be
exempt as aforesaid, also one tool chest kept for
use by mechanic but the exemption In this
paragraph is not to affect attachment in a suit
founded In n contract made on before 1882, or to
an execution issued a judgment founded on
such contract
SEC. 3. Number 80 of the acts of 1889, is here.
by repealed.
sEo3. This act shall take effect from its pas.
sage.
Approved Nov 26, 1884
No. 13s.-An act to amend chapter % of the
Revised Laws relating to courts of in
solvency.
1t is hereby enacted, etc:
SEC. 1. Section 1870 of the Revised Laws is
amended by striking out from the first line
thereon the words g residing in the state,
and"
SEC 2. Section 1879 of the Revised Laws
IS amended by striking out from the second
line thereof the words "created under the
laws of this State"
SEC. 3. This act shall take effect from its
passage.
Approved Nov. %, 1884.
No. 139.-An act in amendment of, and in ad.
dition to, chapter eighty-three of Revised
Laws, relating to levy of execution.
1t is hereby enacted, ETC.:
sEC. |. All lands and rights mentioned in Sec
ton 1865 of the Revised Laws, may, instead of
being appraised and set oil to the creditor be sold
on execution in the manner hereinafter prescribed
and all proceeding for the satisfaction of execu-
! tions by appropriations of real estate, shall be
under the provisions of this act, unless the debtor
shall elect in writing TO proceed by appraisal and
] set oil as now provided by law.
SEC. 2. When such lands or rights are sold, the
officer authorized to serve the execution shall
make the sale by public auction to the highest
bidder, and shall execute, acknowledge, and,
unless redemption is made as hereinafter provided,
| deliver to the purchaser a sufficient deed, which
being recorded in the town clerks Office of the
town where such land is situated shall give to the
purchaser all the debtors title to the lands OF
rights so sold.
SEC. 3. The officer levyiug an execution by
sale of real estate, shall give notice in writing OF
the time and place of sale to the debtor, if found
within his precinct, which notice may either be
served on the debtor personally, or left at his last
and usual place of abode, but if the debtor does
not reside within this State and has an attorney OF
| record in the cause in which the execution was
issued, the notice may be served upon such attor
ney, which notice shall be given at least two
months before the sale, that the owner thereof
may have an opportunity to redeem the same
| The officer shall also cause an advertisement OF
the time and place of sale to be published once
week for three successive weeks next before the
time of sale, in one or more newspapers printed
in the county where the land lies aud if no news.
paper be printed therein, then in some newspaper
printed in an adjoining county; which newspaper
or newspapers shall be such are generally cir
culated in the vicinity where the land is located
If the debtor does not satisfy the execution with
the costs and charges thereon, including the eX
pense of advertising, before the time of sale, the
officer shall proceed with the sale as herenaftci
provided.
SEC. 4. If, at the time appointed for the sale
the officer deems it expedient and for the interest
of all persons concerned that the sale should bC
postponed, be may adjourn the sale for any time
not exceeding seven days, and so from time tC
time for like good causes until it is completed
giving notice of every such adjournment by
public proclamation thereof at the time and place
previously appointed for the sale. When rea
eatate is taken in execution, by virtue of this act
if the same is susceptible of division, it shall be
sold in separate tracts or parcels, and only sc
much shall in any case be sold as is necessary tc
satisfy the execution and COSTS but If the same in
the opinion of the officer, is not susceptible Of
division, sufficient undivided fractional part
thereof shall be sold
SEC 5. Such sale may be made under the ex
ecution held by the officer, at the time of com
mencng proceedings for sale under this act
although the return day thereof may have passed
at the day of sale. The officer shall make due
return OF his execution, within five days after the
sale, but the title of the purchaser shall not be
affected by any failure on the part of the officer tC
make the return aforesaid.
SEC. 6. The following shall be substantially the
form OF the deed to be given whenever real estate
is levied upon and sold as aforesaid, viz.
"KNow ALL MEN BY THESE PRESENTS,
That, whereas, an execution against
of in the county of at the
suit of of in the county OF
was by me sheriff of the county
of the day of A. d., 1SS
levied on there describe the premises) and whereas
on the day of A. D., lSS all the estate
right, title, interest and property of the said
in the premises aforesaid were by me the
said sold at public auction for the satisiac
ton OF the said execution, to OF
in the county of who was the highest
bidder, Tor the sum of dollars which the
said has since fully paid to me. Now by
provided, l, the said in consideration of the
sum OF money paid unto me aforesaid, do by
these presents bargain, sell and assign, and set
over unto the said heirs and assigns for
ever, all the estate, right, title, interest," property
and inheritance of the said in and to the
said premises and appurtenances at the time OF
the levy thereon Tor of the attachment the case
may be) To have and to hold the said premises
and appurtenances to the said heirs and
assigns forever.
In witness, &C., and the officers shall be al
lowed fifty cents for each deed so executed, which
shall be taxed as part of the costs the exc
cution.
Sec Z. Whenever such real estate shall have
been attached on the original writ, the officer shall
insert in the deed of sale the time OF such attach
ment, and vary his deed accordingly
SEC g. Whenever an execution is levied in the
manner provided In this act upon real estate OF
which the debtors homestead is part, or upon
such part OF a homestead as is in excess of five
hundred dollars in value, the location and bound
aries of such homestead shall, before sale is pro
vded in this act, be ascerained and set out in the
manner now provided by law In case of levy OF
execution upon real estate whereof homestead
form part.
SEC. o. Whenever a right of redeeming mort
gagged lands is taken and sold on execution, the
officer shall ascertaiu and state time