The united opinion. [volume] (Bradford, Vt.) 1881-1970, 1890-12-12

SEQ. 2. Such satisfaction shall be executed
acknowledged aud recorded IN provided fol
the execution, acknowledgment aud record 81
deeds, and other cOnveyances Of land, In sec
ton one thousand nine hundred twenty-seye,
Of tho revised laws; and, when no executed
acknowledged and recorded. shall discharge
such mortgage and bar all actions brought
thereon as eifectually M though such mortgag,
had been discharged rs now provided BY sec
tons one thousand nine hundred fifty and on,
thousand nine hundred fifty-one Of the revised
laws
Sec. 3. Town clerks shall record such in
strunents on the margin Of the record Of III,
mortgage, or In a suitable book which the
shall provide and keep for the record Of tn,
same; they shall record any satisfaction an md
give certified copy OF such record when re
quested, ON payment Of their fees at the rat,
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.
gagors and mortgages in the book or book,
where such satisfactions are recorded, and shal
also make entry in the general index, provided
for by section two thousand six hundred eight,
Of the revised laws; they shall also make d
memorandum ON the margin of the record OF
the mortgage discharged, giving the number Of
the book and the page where such satisfaction
Il. recorded.
Sec. 4. This act shall take effect from its
passage.
Approved November %, 1890.
No. 37.-AN Act relating to the assignment
Of mortgages.
1t is hereby enacted by the general assembl,
Of the state Of Vermont
Section l.. When an assignment of mort
gage Of real estate, or of personal property. i.
hereafter recorded, and the mortgage itself !,
AIx,k al Il
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 %, 1880.
No. 3S.-AN ACT relating to the discharge Of
personal property mortgages.
1t is hereby enacted by the general assembly
Of the State Of Vermont
Section /. The officer selling mortgaged
property under the provisions of section one
thousand nine hundred seventy-seven Q977 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 tswn clerk a
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 sale upon execution.
Such return shall particularly describe the
articles sold, and state the amount received for
each, and shall operate as 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 a
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 rs aforesaid
See. 2. Act number one hundred seven 900
Of the acts OF 1884 is hereby repealed.
Approved November II, 1890
No. 30. AN ACT in relation to the sale Of
real estate on execution, under the acts Of
1884, number one hundred thirty-nine, 1856
number sixty-fve, and the acts Of 1883 num-
Der fifty-two, and in amendment thereto.
1t is hereby enacted by the general assembly
of the state of Vermont:
Section !. 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 u bond in ten
days after said sale with the clerk of the court
Or justice OF the peace, who issued said execu-
ton to the purchaser in penal sum that said
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
1ua Form nf laxv ma yorafn nd fnlx
session and manage the same in q good hus-
band like manner, and if 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 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 of
one name, and if the other party does not OBJ
ject to one, the justice shall strike off one name
and appoint the other three q committee to ap-
praise the rents and profits of the premises on
notice to the parties. Said appraisers shall be
in the same town in which the land
Or tne grester par. o. me land lies; they shall
ais0 nnd y any waste mas peen committed 0A
said premises, ana return their appraisal TO the
clerk or justice VINO appointed them, and IT he
accepts the same u shaii De maj between the
parties. II the defendant has given the bond
ana remained IN possession. the amount SO
found due snail be recoverable on the BOND,
and II tine purchaser mas gone into possession
the damages shall be deducted from the money
to redeem the same.-,
Sec. 3. II the purchaser has gone into pos
session and the defendant wishes to redeem the
premises, ne 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 adiudee
conditioned to pay what shall be
found due the purchaser over the sum tenderef
M tender Of the money and bond aforesaid
Sac. 4. If the defendant gives his bond a,a
remains in possession If the premises, at the
expiration Of six months the purchaser may
nave his writ Of possession for said premises.
Sec. 8. IL the debtor fails to redeem said
premises, the expenses Of said appraisal Of said
.ents, profits and damages, shall be paid by the
lebtor. Ii the purchaser has gone into posses
lion Of the land and the debtor redeems, If the
SQUIRT finds the tender sufficient, the defendant
mall recover his cost, and IN case the tender is