Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1884-12-19

Dunded IN contract made on or before 1882, or to
n execution issued on judgment founded on
UGH contract.
SEC. 3 Number SO of the acts of 1882, is here
" repealed.
SEC. s. This act shall take effect from its pas
age.
Approved Nov. 90, 1884.
No. 13S.-An act to amend chapter 90 of the
Revised Laws relating to courts of in
solvency
1t is hereby enacted, ETC.:
SEC: l. Section 1870 of the Revised Laws is
amended by striking out from the first line
thereof the words residing in the state,
lnd'
SEC. 2. Section 1879 of the Revised Laws
s amended by striking out from the second
inc thereof the words " created under the
avs of this State"
SEC. g. 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. l. All lands and rights mentioned in sec
ton 1865 OF the Revised Laws may, instead of
being appraised and set off to the creditor, be sold
on execution in the manner hereinafter prescribed,
and all proceeding for the satisfaction of execu-
tons 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 off as now provided by law.
SEC. 2. When such lands or rights 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 or
rights so sold.
SEC. 3. The officer levying 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 and if no news
paper be printed therein, then in some newspaper
printed in an adjoining county; which newspaper
or newspapers shall be such as 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 hereinafter
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 be
postponed, be may adjourn the sale for any time
not exceeding seven days, and so from time to
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 real
eatate is taken in execu lion, by virtue of this act
if the same is susceptible of division, it. shall be
sold in separate tracts or parcels, and only so
much shall in any case be sold as is necessary to
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
mencing proceedings for a sale under this act,
although the return day thereof may have passed
at the day of sale. The officer shall make due
sale, but the title of the purchaser shall not be
affected by any failure on the part of the officer to
make the return as aforesaid
SEC. &. 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 OF the day of A. D., 1873
levied on there describe the premses) and whereas
on the day Of A. d., 1888 all the estate,
right, title, interest and property of the said
in the premises aforesaid were Ivy me the
said sold at public auction for the sotsfac
ton of the said execution, to of
in the county of who was the highest
bidder, for the sum of dollars, which the
said has since fullV maid tn me Now Inv
force and virtue of the law in such cases made and
provided, |, the said in consideration of the
sum of money paid unto me as 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 as 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 on the exc
cution.
SEC. Z. Whenever such real estate shall have
been attached on the original writ the officer shall
insert in the deed ofsale the time of such attach
ment, and vary his deed accordingly.
SEC. 8. 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 q homestead as is IN excess of five
hundred dollars in value, the location and bound
aries of such homestead shall, before sale is pro-
vided in this act be ascertained and set out in the
manner now provided by law in case of levy of
execution upon real estate whereof homestead
form part
SEC. 8. Whenever a right of redeeming mort
gagged lands is taken and sold on execution, the
officer shall ascertain and state at the time of sale
the value of the encumbrance, or the amount of
the mortgage debt when the same can be ascer-
tanned, and the amount so ascertaned and stated
shall be stated in the officers returns In the exc
cution.
SEC. TO- At any time within six months after
such sale the debtor may redeem the premises so
sold by paying to the officer the amount for which
the same was sold, with interest thereon, and any
subsequent attaching creditor may, at any time
within fifteen days after the expiration of said six
months, redeem the premises in the same manner
and, upon such redemption, the officer shall there
upon destroy the deed aforesaid and repay the
purchaser. But if no redemption is made within
the time limited the officer shall deliver the deed
to the purchaser. In case the redemption is
made by subsequent attaching creditor such
creditor shall be subrogated to the rights ofthe first
creditor and shall be reimbursed for the sum paid,
with interest," from the proceeds of the sale ofsuch
real estate upon the execution issued in the suit
upon which the subsequent attachment was made
Approved Nov. 20, 1884.
No 14O-An act in relation to the property
rights of married women.
1t is hereby enacted etc.: