The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1888-12-13
sro. ?. This act shali tako effect from its


Approved November q, 1883.
Z No. es.-AN ACT IN ADDITION TO SEC
TIQNS 1861 AND 1868 OF THE REVISED
: LAWS.
his hereby enacted By The General assembly Of
he STATE Of Vermont!
SIC. l. Whom an execution has been levied
upon real estate as provided in the revised laws
sections one thousand five hundred and Sixty
seven and one thousand five hundred and sixty
eight, and any part Of the real estate so desig-
mated has been conveyed away or ineum bered IN
fraud of the levying creditors rights, he may
maintain suit in the court of chancery for the
satisfaction of his execution out of the real estate
so conveyed, by a sale thereof or otherwise,
under the order of said court and any number
of creditors though seyerally interested, may
join in one such suit,
SEC. 3 Before the end of the five months
mentioned in sections one thousand five hundred
and forty-two and one thousand five hundred
and sixty-eight, the creditor shall cause copy
of his bill of complaint, attested by the officer
serving the same, to be recorded in the same
Office where the certified copy of the execution
has been recorded and the said periods of FIVE
months mentioned in said sections, shall there
upon be extended until the end of such suit in
chaneery, subject to the orders and DEGREES of
the court therein.
SEC 3. A copy of the final decree of said
court shall be recorded in the same office agree
ably to section seven hundred and seventy of
]
Approved November q, 1888.
No. Gan ACT IN ADDITION TO CHAP
TER 60 OF THE REVISED LAWS RE
LATING TO THE ATTACHMENT AND |
SALE OF PROPERTY UPON WHICH
MORTGAGE, PLEDGE, VENDOR OR
BAII4EE HAS A LIEN.
His hereby enacted by the General assembly Of
the State Of Vermont:
SIC. 1. And whether such debt secured by |
such mortgage, pledge or lien, is due or not due
at the time of the attachment, or taking OF such |
property upon execution as provided in chapter /
sixty-hve of the revised laws, in case such mort
gagee Pledge or person holding such lien, shall /
! give a true statement in writing, under oath, /
of the amount due upon such debt secured by /
such mortgage, pledge or lien, as is provided in .
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 such
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 and
| to such property, that the mortgagor, pledgor
or 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 UNI
der at the time Of such attachment or taking ON
execution
SEC. 2. In case the mortgagOr, pledgor
bailor or conditional yendee of any property ON
which lien may be resting and which may be
sold on execution under the provisions of this
act, shall fail or 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
same 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, Pledge, bailee or conditional vendor
of said property and may hold the same as Sc
cuTity for the amount paid in discharge o.
said original claim, together with the sum paid
for the same upon the sale thereof on execution
as herein provided, with interest upon said sums,
and shall have the same benefit OF foreclosure,
sale and disposition of said property that the
original mortgagee. Pledge, bailee or condi-
tonal vendor would have had under his claim.
Approved November a, 1888.
No. 7O.-AN ACT GIVING AUDIT
ORS, REFEREES AND COMMITS
SI0NERS CERTAIN POWERS.
II is hereby enacted By The General assembly
Of the State Of Vermont:
SEC. 1. Auditors, referees and commits :
soners, 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 s
ments, now have in such causes.
SEC. 2. This act shall take effect from
its passage. s
Approved November 10, 1888.
No. 71.-AN ACT IN AMENDMENT OF =
SECTION 2029 OF THE REVISED !
LAWS OF VERMONT, RELATING
TO JUDGES AND REGISTERS OF .
PROBATE COURTS. !
II is hereby enacted blythe 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 I
If the Judge is sick or absent, so that he
can not attend to the duties of his office, or l
moves out of the district, dies, or resigns,
or becomes otherwise ineapacitated 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. Tan ACT IN ADDITION TO SEC
TON 2,o23 OF THE REVISED LAWS,
RELATING TO THE BONDS REQUIRED !
TO BE GIVEN BY THE JUDGES OF PRO !
BATE TO THE STATE OF VERMONT.
1t is hereby enacted By the General assembly Of
the State Of Vermont; =.
SEC. L. Section two thousand and twenty
three of the revised laws is amended by adding
at the close of the section these words And said
bond shall be forthwith transmitted to the treas
urer of the state by such judge of the county
court
SEC 2. This act shall take effect from its
passage.
Approved November "a, 1888.
No. 73.-AN ACT IN ADDITION TO CHAP
TER 1O4 OF THE REVISED LAWS AND
RELATING TO THE CUSTODY OF t
WILLS. !;
lis hereby enacted By the General assembly Of .
The State Of Vermont: =
SEC. l. After six months have elapsed from
the final probate and allowance of any will and Il
after the same has been recorded on the pro- Y
bate records and the estate has been settled, the
judge of the district may in his discretion de- +
liver the original will to the executor or either :
executor of said will.
SEC. q This act shall take effect from its Y
passage. t
Approved November q, 1888.
No. 74.-AN ACT RELATING TO SECTIONS
1,S95 AND /, 9O6 OF THE REVISED LAWS S
RELATING TO HOMESTEADS. C
His hereby enacted By the General assembly Of II
the State Of Vermont; L
SEC. l. Section one thousand eight hundred C
and ninety-five of the revised laws is amended Il
by adding thereto at the end of said section the q
following words Provided, however, in making
such levy only such portion of the mortgage as i
is in excess of the appraised value of the real c
estate, aside from the homestead, shall rest ON
said homestead u
SEC. 2. Section one thousand nine hundred
and six Of the revised laws is amended by adding
at the end of said section the following words I
And if said mortgage includes lands other i
than the homestead and the owner of the home c
stead dies the lands other than the homestead, :
included in said mortgage, shall be first sold by .
the executor or administrator and applied on
the mortgage, and only the residue shall rest a
the homestead unless the whole is ordered to be /
sold by the probate court, Ia which the /
ayails shall be apportoned in accordance with =
this act. !
SEC. 8. This act shall not apply to pending
causes. S
SEC A. This act shall take ef-st from its /
passage. =
Approved November q, 1885, !