The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1890-12-11

essary food and maintenance for his wife or
minor children, after having been notified so to
do by the overseer Of the poor of the town,
shall be deemed guilty of misdemeanor and
fined not more than twenty dollars.
See. 2. Justices of the peace shall have con-
current jurisdiction with the county court of
offences under this act
See. 3. This act shall take effect from its
passage.
Approved November 20, 1890.
No. S6.-AN ACT relating to the discharge of
mortgages.
1t is hereby enacted by the general assembly
of the State of Vermons
Section 1. Mortgages Of real estate may be
discharged when the debt secured thereby has
been paid or satisfied in addition to the ways
now provided by sections one thousand nine
hundred fifty and one thousand nine hundred
ffty-one of the revised laws, by an acknowl-
edgment OF satisfaction, executed by the mort
gagee or his attorney, executor, administrator
or assigns, which shall be substantially in the
following form:
l hereby certify that the following described
mortgage is paid in full and satisfied, viz: 49,.
........ .mortgagor tO.......... mortgage,
dated............A. d. 1S....and recorded in
book....... .page.-....-.of the land records
OF the town Of................
Sec. 2. Such satisfaction shall be executed,
acknowledged and recorded as provided for
the execution, acknowledgment and record of
deeds, and other conveyanees of land, in sec
ton one thousand nine hundred twenty-seyen
of the revised laws; and when so executed,
acknowledged and recorded. shall discharge
such mortgage and bar all actions brought
thereon as eifectually as though such mortgage
had been discharged as now provided by Sec
tons one thousand nine hundred fifty and one
Thousand nine hundred fifty-one of the revised
laws tb.
Sec. 3. Town clerks shall record such in
struments on the margin Of the record of the
mortgage, or in a suitable book which they
shall provide and keep for the record Of the
same; they shall record any satisfaction and
give a certified copy of such record when re-
quested on payment CT their fees at the rate
of ten cents per folio; they shall certify the
time when the same is received for record;
they shall keep an alphabetical index of mort
gagoTs and mortgages in the heck or books
where such satisfactions are recorded, and shall
also make entry in the general index, provided
for by section two Thousand six hundred eighty
of the revised laws; they shall also make
memorandum ON the margin of the record of
the mortgage discharged, giving the number of
the book and the page where such satisfaction
is recorded.
Sec. 4. This act shall take effect from its
passage. -sa..
Approved November %, 1890.
No. SIAN ACT relating to the assignment
of mortgages.
1t is hereby enacted by the general assembly
of the state of Vermont:
Section !. When an assignment of mort
gage OF real estate, or of personal property. is
hereafter recorded, and the mortgage itself is
not recorded Herewith, the town clerk record
ing such assignment shall make memorandum
on the margin of the records of such mortgage
giving the number of the book and the page
where such assignment is recorded.
Approved November %, 1890.
No. S.-AN ACT relating to the discharge of
personal property mortgages.
1t is hereby enacted by the general assembly
of the State of Vermont:
Section 1. The officer selling mortgaged
property under the provisions of section one
thousand nine hundred seventy seven Qg7O of
the revised laws, shall, within thirty days
after such sale, make written return of his
doings on such sale, which he shall file in the
town clerks Office where the mortgage is re-
corded, and shall pay to the town clerk
fee of ten cents per folio for recording the
same, which fee shall be taxed as a part of the
costs of such sale. The fees of the officer for
selling such property shall be the same as such
officer receives by law for asale upon execution
Such return shall particularly describe the
articles Sold and state the amount received for
each, and shall operate as a discharge of the
lean thereon created by the mortgage. The
town clerk shall record such return at length
in the book provided for the record of mort
cages of personal property, and shall make
reference upon the margin of the record of such
return, stating the volume and page where the
mortgage upon which such sale is based, is re-
corded; and shall also make reference upon
the margin of the record of said mortgage, stat
ing the volume and page where such return is
recorded as aforesaid.
Sec..2 Act number one hundred seven 400
of the acts Of 1884 is hereby repealed
Approved November II, 1880.
No. ~. AN ACT in relation to the sale of
real estate on execution, under the acts of
1884, number one hundred thirty mine, 1886
number sixty-five, and the acts OF lSSS num-
Der fifty-two, and in amendment thereto.
1t is hereby enacted by the general assembly
of the state Of Vermont:
Section l. On the sale of real estate, under
the acts aforesaid. the person in possession of
said land or the owner thereof. shall have the
right to redeem the same for the term of six
months, on condition that he file bond in ten
days after said sale with the clerk of the court
or justice Of the peace, who issued said execu-
~
clerk or justice of the peace shall order, con-
ditioned in case he does not redeem the proper
ty to pay, to the purchaser the fair rents and
profits of said premises, and commit no waste
ON the same, which bond shall be approved by
the clerk or justice who issued said execution;
that if said debtor fails TO file the bond as afore
said, in ten days the purchaser may have his
writ of possession from said Justice or clerk in
due form OF law, and may enter and take pos
session and manage the same in good hus-
band-like manner, and II the defendant in said
suit shall redeem the same, the purchaser shall
account for the fair value of the rents and
profits of said real estate till the same shall be
redeemed.
Sec. 2. If the part s can not agree as to the
value of the rents and profits under the proceed
ing section, either party may apply to the
clerk of the court, or justice who issued the ex-
ecution, If in Office, and if not in office, to any
other justice Of the peace in the county where
the land is situate, who could lawfully Judge
between the parties, who, on notice to the other
party, shall name five men to act as appraisers,
and each party may object to one name, If both
attend, and if but one attends he may strike off
one name, and if the other party does not OBJ
iect to one, the justice shall strike off one name
and appoint the other three committee to APP
praise the rents and profits OF the premises on
notice TO the parties. Said appraisers shall be
freeholders in the same town in which the land
or the greater part OF the land lies; they shall
also find If any waste has been committed on
said premises, and return their appraisal to the
clerk or justice who appointed them, and il he
accepts the same it shall be final between the
parties. If the defendant has given the bond
and remained in possession. the amount so
found due shall be recoverable ON the bond
and If the purchaser has gone into possession
the damages shall be deducted from the money
to redeem the same.
Sec. 8. IL the purchaser has gone into pos
session and the defendant wishes TO redeem the
premises, he may tender to the purchaser the
amount of the purchase money less the sum
due for the rents and profits, with bond in
such sum as said clerk or justice shall adiudge
reasonable, conditioned to pay what shall be
found due the purchaser over the sum rendered
and the rents and profits. aforesaid, and may
have immediate possession Of the premises ON
the tender Of the money and bond aforesaid.
Sec. 4. If the defendant gives his bond and
remains in possession u the premises, at the
expiration Of six months the purchaser may
have his writ of possession for said premises.
Sec. .. II the debtor fails to redeem said
premises, the expenses Of said appraisal of said
rents. profits and damages, shall be paid by the
debtor. III the purchaser has gone into posses
sion Of the land and the debtor redeens, IL the
court finds the tender sufficient, the defendant
shall recover his cost, and in case the tender is
not sufficient the costa shall be in the discre-
ton Of the clerk or justice who appointed the