Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1890-12-12

wuuJ- col -.m, ptam,,r. rui commit uo waste
ON the same. which bond shall be approved hy
the clerk or justice who issued said execution;
that if sad debtor fails Ia file the bond ~ afurr
said, III 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 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 >. If the parti 5 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 rs appraisers,
and each party may object to one name. if both
attend, and il but one attends he may strike off
one name, and il the other party does not OBJ
iect to one, the justice shall strike off one name
and appoint the other three IA 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, aud if he
accepts the same it shall be final between the
parties. If the defendant has given the bond
and remained in possession. the amount 81
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. ;. If the purchaser has gone into DOS.
session and the defendant wishes to redeem the
premises, he may tender 10 the purchaser the
amount of the purchase money less the sum
due for the rents and profits, with a bond in
such sum 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 tho premises on
the tender OF the money and bond aforesaid
Sec. 4. IL the defendant gives his bond and
remains III possession # 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. If the purchaser has gone into posses
sion of the land and the debtor redeems if the
court finds the tender sufficient the defendant
shall recover his cost, and in case the tender il
not sufficient the costs shall be in the discre-
ton of the clerk OF justice who appointed the
appraisers.
Oec o' Inc COSTS Oh the appraiser snail be
the same rs costs before justice of the peace
and the justice or clerk may issue execution
for the same. In case the debtor remains in
possession and gives the bond before mentioned
the costs may be collected ON said bond The
fees of the commissioners shall be the same as
appraisers in other cases under the statute
Sec. 7. If the defendant redeems the prem.
ises, the justice or clerk shall give him Ger
tifcate of said redemption, at his expense
which, if recorded on the margin of the record
of said sale, shall be full evidence that said
land has been redeemed
Sec. y. This act shall take effect from its
passage.
Approved November %, 1890.