Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1888-12-10
SIC. 2. This act shall take effect from its

Approved November 81, 1888.
No. 6s.-AN ACT IN ADDITION TO SCI
TIONS 1867 AND 1868 OF THE REVISE
i LAWS.
/ 1t IS hereby enacted By the General assembly
the State Of Vermont
Sec. /. When an execution has been levle
| upon real estate provided in the revised law
sections one Thousand five hundred and sixt.
seven and one thousand five hundred and sixt,
eight and any part of the real estate desi!
mated has been conveyed away incumbered ]
fraud OF the levylng creditors rights, he ma
maintain a suit in the court of chancery for tn
satisfaction OF his execution out of the real estat
| so conveyed by a sale thereof, or otherwise
under the order of said court and any numbe
| of creditors, though severally interested, ma
join in such suit.
SEC. 2. Before the end of the five month
mentioned IN sections one thousand five hundre
and forty-two and one thousand five hundre
and sixty-eight, the creditor shall cause cop
of his bill of complaint, attested by the office
serving the same, to be recorded in the sam
/ office where the certified copy of the executlo
has been recorded and the said periods of fly
months mentioned In said sections, shall there
upon be extended until the end of such suit i
chancery, subject to the orders and DEGREES Q
/ the court therein.
| SEC. 3. A copy of the final decree of sal
court shall be recorded In the same office agree
| ably to section seven hundred and seventy o
the revised laws.
| Approved November 81, 1888.
No. Gan ACT IN ADDITION TO CHAP
TER 65 OF THE REVISED LAWS RE
| LATINO TO THE ATTACHMENT AM
SALE OF PROPERTY UPON WHICH
| MORTGAGEE, PLEDGE, VENDOR OF
BAILEE HAS A LIEN.
1t is hereby enacted By the General assembly Q
the State Of Vermont:
SEC. /. And whether such debt secured b.
such mortgage pledge or lien is due or not du
lat he of he aft ao0f TAX r0fS
property upon execution provided in chapte
sixty-five of the revised laws, in such mort
gagee, Pledge or person holding such lien, shall
give true statement In writing, under oath
of the amount due upon such debt secured b.
such mortgage, pledge or lien, as is provided il
section one thousand one hundred and eighty
one, revised laws, he shall do, such property
may be sold, subject to such mortgage, pledge
or lien, without first paying or rendering the
amount due upon the debt secured by sucl
mortgage, pledge or lien ; and the purchaser OF
such property at such sale shall take by such
purchase all the right, title and interest In ano
to such property, that the mortgagor, pledgol
general owner thereof had in or to the same
and shall be subject to the same duties and obi
cations in regard to such property as the mort
gagor, pledgor or general owner thereof was I'M
der at the time of such attachment or taking on
execution.
SEC. 2. In case the mortgagor. pledgor,
bailor conditional vendee of any property on
which lien may be resting and which may be
sold on execution under the provisions of this
act, shall fail refuse to discharge such lien
after the same becomes due and PAYABLE and
within ten days after written notice to SO do is
served upon him by the purchaser of the whole
or any part thereof, the person so purchasing the
may tender and pay to the holder of said
mortgage pledge or lien or said conditional
vendor the amount due said creditor upon the
whole of said property, and by said payment be
subrogated to all the rights of said original
mortgage, pledgee bailee conditional vendor
of said property and may hold the SCI
oup or So i'm of
said original claim, together with the paid
for the same upon the sale thereof execution
as herein provided, with interest upon said sums
and shall have the benefit of foreclosure,
sale and disposition of said property that the
original mortgage. Pledge, bailee or condi-
tional vendor would have had under his claim.
Approved November "a, 1888.
No. 7O.-AN ACT GIVING AUDIT
ORS, REFEREES AND COMMITS
SIONERS CERTAIN POWERS.
1t as hereby enacted By the General Assembly
Of the State Of Vermont
SEC. L. Auditors, referees and commits
sioners, appointed by the several courts of
this state, under its statutory provisions,
for the hearing of causes, may issue writs
of subpoena and attachment for compelling
the attendance of witnesses, and shall have
the same power to punish for contempts,
that the several courts making such appoint
ments, now have in such causes.
SEC. 2. This act shall take effect from
its passage.
Approved November ID, 1888.
No. TAN ACT IN AMENDMENT OF
SECTION 2O29 OF THE REVISED
LAWS OF VERMONT, RELATING
TO JUDGES AND REGISTERS OF
PROBATE COURTS.
1t is hereby enacted By the General assembly
of the State Of Vermont:
SEC. 1. Section 2029 of the Revised
Laws of Vermont is hereby amended so as
to read as follows
If the Judge is sick or absent, SO that he
can not attend to the duties of his office, or
moves out of the district, dies, or resigns,
or becomes otherwise incapacitated to exc
cute the duties of his office, the register
first appointed shall hold the court, have
the powers and perform the duties of the
Judge during his absence, and until such in
capacity is removed, or until another Judge
is appointed, except as hereinafter provided
SEC. 2. This act shall take effect from
its passage.
Approved October Is, 1888.
No. 72.-AN ACT IN ADDITION TO SEC
TION 2023 OF THE REVISED LAWS,
RELATING TO THE BONDS REQUIRED
TO BE GIVEN BY THE JUDGES OF PRO
BATE TO THE STATE OF VERMONT.
Il as hereby enacted By the General assembly of
he State Of Vermont:
Sec. 1. Section two thousand and twenty
,hree of the revised laws is amended by adding
1t the close of the section these words, And said
bond shall be forthwith transmitted to the treas
lrer of the state by such judge of the county
court
SEC. 2. This act shall take effect from its
passage.
Approved November "a, 1888.
70. 73-AN ACT IN ADDITION TO CHAP
TER 104 OF THE REVISED LAWS AND
RELATING TO THE CUSTODY OF
WILLS.
II is hereby enacted By the General assembly of
he State Of Vermont:
Sec. i. After six months have elapsed from
he final probate and allowance of any will and
Lfter the same has been recorded the pro-
,ate records and the estate has been settled, the
Judge of the district may in his discretion de-
lver the original Will to the executor either
Executor of said will.
Sec q This act shall take effect from its
passage.
Approved November "A, 1888.
No. 74.-AN ACT RELATING TO SECTIONS
1895 AND ]. 9O6 OF THE REVISED LAWS
RELATING TO HOMESTEADS.
It is hereby enacted By the General assembly Of
he State Of Vermont:
Sec. /. Section one thousand eight hundred
md ninety-fve of the revised laws is amended
~ adding thereto at the end of said section the
GLOWING words Provided, however, in making
UGH levy only such portion of the mortgage as
s in excess of the appraised value of the real
state, aside from the homestead, shall rest ON
aid homestead.
SEC. 2. Section thousand nine hundred
md six of the revised laws is amended by adding
1t the end of said section the following words
And If said mortgage includes lands other
han the homestead and the owner of the home
tead dies the lands other than the homestead
Included in said mortgage, shall be first sold by
he executor or administrator and applied on
he mortgage, and only the residue shall rest on
he homestead unless the whole is ordered to be
old by the probate court, in which the
walls shall be apportioned in accordance with
his act.
SEC. 3. This act shall not apply to pending
auses.
SEC. f. This act shall take effect from its
passage.
Approved November 81, 1888.
no. 75.-AN ACT IN REFERENCE
TO ALLOWANCE TO WIDOW AND
FAMILY.