Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1846-10-22

for extra judge, until the dockes Of the courts
have been cleared, when he present system can be
rest red. Mr. Thomas said he yet to learn that
! new Office had ever been created and then cut
II; the judge will like the office, and It's pay and
honor and so will the legal profession, and we can't
shake him of lie moved to lay the bill on the table
lost Mr. Thomas moved TO lay the amendment
on the table he really didn't know how 10 VOTE
The char (alr Falrchld) ruled the motion ont Of
order. The amendment Of Mr. Bill was rejected,
I49 to 9, and the bill was ordered to n lhlrd read
ing. Adjourned
AFTERNOON.
SENATE
Repairs. Bv Mr. Villas. from the Judiciary COM
mitlee in favor OF The bill providing, in case of nom
resident principal debtors in trustee suits, that one
copy of the writ left with one of the trustees shall
he sufficient service upon such debtors; bill order
ed to third reading. BY Mr. Bradley, from The
committee on Banks in favor Of the bill inrnrpnrn-
ting the Windham Providcnt Swim Company,
with an amendment locating 1t at Braitlehoro' A.
mcndment was adopted and, on motion Of Mr. VI
las was laid on the table, BY Mr. Fox from lie
Committee on Education, a hin Incorporating the
Corinth Academcal Institution; the bill was or
dered to third reading. BY Mr.. Foster, from The
Judiciary committee in favor Of The bill confirming
the TILE of the grantees nf Parker's Gore passed.
By Mr. Rich, from the Committee on Finance, a.
guinst the bill amending the listing law. that at
orneys and medical practitioners shall only be
sessed two per cent on their annual income; laid
on the table. BY Mr. Onion, from the select COM
mittee in favor of the bill Incorporating the Bur-
ngton Hook and Ladder Company; passed. BY
Mr. Burton, from the judiciary committee, To- which
it had been reconmi,tcd, in lavOr of the bill amen
ding sec. G3 chap % of X. s.. so that plaintiff, his
agent, or attorney may swear out attachment a.
gainst the body Of debtor if he believe he is about
to leave the State ordered to n third reading. BY
Mr. Fox, from the committee on Education, against
the bill amending the act Of rs, rellting to Com
mon Schools so as to abolish the Office Of County
superintendent; bill indefinitely postponed
From The House. Resolution providing for the
appontmt mt of joint committee to recommend a
day of adiournment concurIed in. Bill relating
IN the staff officers Of the militia referred to the
Committee on Military Aif,irs, Bill relating to
the removal of pnupers. Bill in relation 10 the sale
of real estate by executors in addition to chap AZ
of r. S. Bill regulating the jurisdiction OF the
Vergennes city court IN reference TO the license
law. Bill in a ration Of chap. % of r. S. rela-
tive to horse stealing Bill relating to the Judiciary
-severally referred to the Judiciary committee.
The Bill remodeng the Judiciary system of
the State was taken up, and the amendments pro-
posed by the committee were adopted
NIessrs. Harrington and Kiuball opposed the
bill. because they were inclined to think that the
present Judges. with suitable arrangement of the
sessions of the Court. might accomplish all the ne
cessary business, and that a further reduction of
the bench to its present number. would, on account
| of personal and other considerations, be exceeding
! ly difficult TO effect.
Messrs. Villas, Burton, Smith and Foster support
ed the bill at some length upon the grounds that
1t had heen concusively demonstrated before the
committee, not only by some of the present Judges
but also by Ex-Judges who had no interest in the
matter, that the present bench required Temporal
nv reinforcement in order 20 accomplish the great
press of business which had accumulated in the
larger counties oft the State and that the interests
OF lawyers should yield to the rights OF suors by
! exemp,ing the latter from the expense and DELAY
incident to the existing state of things: the bill
was passed.
The Governor notified the Senate that vacan.
cy had occurred in the first brigade first division of
the militia, by the promotion of Gen. Isaac Nc
Daniels and also Transmitted the annual report of
the Commissioners for the Deaf, Dumb and Bind.
Adjourned.
HOUSE.
The Speaker announced the select committee on
usury, to wit: Messrs Smile Royce, Albce of
W. stminster, Wilcox and Ilarwood.
Petitions REFERRED OF ]. C. Hgbee To General
committee. OF &. s. Dana and others, on pehlers,
and James Curtis and Others to committee OF Ways
and Means.
Resolutions. BY Mr. Lawrence, for adjournment
of both Houses on Tuesday next laid on the Ia
hle By Mr. Gregory, for a Joint committee oi three
from each House to fix npon day of ad Iurnment;
passed, and the Speaker appointed Messrs Grego-
ry, Russell OF B. and Smile, on the part of the
House.
! ReDOrtS. By GenerAl comm zee, against mi re-
atng to the appointment Of justices, and it
laid on the table. BY committee on Military Affairs,
against bill relating to certain staff officers (being
superseded by another billy and 1t was dismissed.
By committee on Roads, against bill in addition to
chapter 20 r. S., and it was laid on he table; a
galnst petition Of George Niles for ferry, and he
had leave to Withdraw, after a statement of facts
and few remarks against the petition by Mr. tlar-
ringon of Nj. BY Judiciary committee, bill relat-
ing to the competency of witnesses and it was
laid on the table. BY committee Of Elections, the
deposition OF Stephen Smith in reference To the
residence of Mr. Bolster the returned member from
I Mt Tabor, accompanied with the resolution that
Mr. Bolster is not entitled TO a seat: il seems that
Mr. Bolster had resided in Landgrove some eight or
ten months during the last year. which fact
certified by the first constable. Mr. Smith Of
Waltsfeld (of the conniltee) sand his Judgment
and feelings were in opposition on this ques ion
his feelings were in favor of Mr. Bolster, but his
Judgment was that Mr. Bolster legal resident
in Landgrove, and could not lawfully represent Mt
Tabor On the other hand, Mr. Harrington of NJ
and Mr. Aylesworth (lhe latter being OF the COM
mitteel conceded the fact of Mr. BIS being in Land
grove but believed it was only for temporary
purpose to carry on a farm there in addition to his
| farm in Mt Tabnr-th0t it was not his intention to
abandon his residence in Mt Tabor. Messrs Slod
dard and Russell of B. commended that the question
of intention not MATERIAL as the fact OF actual
residence was in proof beyond all question, and
under the plain letter Of the constitution Mr. Boil
ster must be excluded. Mr. Tyler deemed the ques-
ton of intention material il mere absence were
enough, lhen every merchant or lawyer or other
man absent on business would be rendered nehgi-
bic Mr. Cheever was disposed to Judge of the IN
tcnton by the facts in the case Mr. lIarrng on Of
VI. quoted the late Judge Story to the point OF in
tention, aud as practical examples of the operation
of the principles iuslnnced the cases of foreign
ministers, to wit Gen. CasS, who was elected U. s.
Senator and Gov. Van Ness who was permitted
to voe-hoth of them a short time after their
turn. Messrs Russell of h. and Stoddard replied
that the place of residence of foreign ministers
Is fixed by law, and has no bearing upon the ques-
! ton The resolution rejected 81 to 81, and
! the subject was recommilted to the committee with
instructions to report resolution declaring Mr.