The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1852-12-18

Judgment was rendered, upon the petition Of
either party TO such execution, or his lrga
representative TO vacate, annui or set aSid,
such extent or levy for anv such irreguariry
want of form or illcgality therein, and i.Sur
execution anew.
Sec. 3. This act shall take effect from it,
passage.
Approved November u. 1852.
No. l0.-An act relating to actions between
copartners.
1t is hereby enacted. &C.
Sec. l. The action Of arcount. or anv 9th
er appropriate action at law. NAV he brought
and maintained by one or more conartncr o,,
copartnerS, against the other copartncr or
coIartners, to settle and adjust their copar,-
nership accounts and dealings, making all
SAID copartners parties to said action, either
as plaintiffs or Defendants.
Sec. 2. The several county courts in this
state are empowered to hear. trv and deter
mme all such actions; TO appoint auditors or
commissioners. IN their discretion. To take .rS-
timonv. or TO find and state facts. and to take.
adjust and state accounts between said ropari
To make all such orders aud DEGREES, either
in>crlocuiory ur final. As NAV enable such
courts 10 do complete Justice to all parties.
and such as the court Of chanrcrv could law
fully make IN order TO the adjustment and
tnal settlement al ali copartnerShip accounts
matters and dealings whatever: and such
courts shall render final judgment or judy
mentS in any such action. in favor OF, or IA
galnSt, such copartncr> respectively as shall
be just and equitable, and such as the court
ofchanccry n,ight render; and NAV enforce
such ju'i gment e, Judgments. hv execution. or
in any other way in which the court OF chan-
cury could enforce the same.
Sec :. ANY such action NAV b. commcnr-
ed 10y the trustee process, in the same man
ncr as is now by law provided in actions
founded on contrrcts, made and entered into
since the first day of January. one thousand
eight hundred and thirtv-nine.
See. 1, Auditors and cc,in,i>>ioner<. ap-
pointed agrceahli ~ Ills. inuvi>ions of this
act. shall have the same pLwcr to administer
oathS to parties and WITNESSES. and the par
ties shall have the same Ti"ht. and he un,lrr
the same obi cation 10 t,=tity. as is now pro-
vidcd in actions of accGaur
Sec. ). This act shall take effect from lis
passage.
Approved November 10. 1852.
No. ll--An act relating to the acti..1 Of ac-
count.
1t is hereby enarte,l. Sc.
Sec /. Whenever on the trial of any ac-
tlnn on book account, it shall appear ia the
rourt that any item or items OF account ar
deal between the same parties more proper,
belongs 10 the action of acrount.ihc same NAV
he tried and adjusted in the action of book ac-
count.
Approved November Is. 1872
No. l2-tn act TO diminish the expenses of
torrclo>lng mortgages in equity.
Ii Is kcrch. enacted. ~.
Sec. l. Instead Il: IT,. Eralix and cx,nn-
Sivc mode OF torcclo>ing mortgages by bll
il. u.uil, the same NAV be forcco<ed ON no.
tition. to be brou. .ht in form as near as NAV
he as follows:
In Chanccry,-tcrmA 4 DIS
To the chancellor of the --- circuit
The petition of here insert the name and
residence OF the pctitioncr) showcth that
(inse:: the name and rcsidenco al Inc mort
gagcr) on the -- dav of = ID
- duly executed to (insert name of
mortgagee) mortgage deed of certain land
(insert the description of the premses) c.r.-
tltioncd for the payment of (imsert the debt
or claim secured by SAID mortgasre) which is
now justly due and owing. aud has not been
paid according to the effect of the same (and
II there has been an ASST ynmrnt OF said mort
gage, in>ert-and the san.a has h.an .iul, as
signed To the peti,ioner) whcrcupon the pe-
utIoncr pravS that the equity of rericmr-
ton of the said (mcanins tho d,it.ndanN in
the premises NAV be torecloScd aareeahl, 10
the act 10 diminish the expenses of forcrloS-
ing mortgages in equity. Whcreupon a Snb-
prna shall issue in common form, and if the
petltlonee, being dull served Herewith. shall
appear and make defence. the same proceed
ln%S shall take place As are now had in cases
brought by bill. but if he shall not appear
and make defence other than relating to the
time ilr limiting the foreclosure, then the
clerk. without reference t.. a nas,,r. shall
proceed TO compute the sum due in equity m
on sad debt or claim secured As aforesaid. and
The same having been aSccrtained TO III. .at-
i>iactlon OF the court.a decree shall be mad,
as near as may he ia the form following:
AT court of chanccry (inSert the place.
time, and style of the court a petition was
presented by Gn>crt the name of the pcti-
tloner) against (inscrt name of pctitioncc) }
setting forth that (inSert the substance of the
Petltlon) as by the said petition on file aI,-
pears; and the said petitionee, after having
been duly Summoned to answer the same. not
appearing or making any answer thereto. and
IT being furthermore made manifest that the
facts stated in said petition are true, aud that
there is now due to the petitioner the sum OF
- dollars and --rrnts on said mort
gage; and that the cost of this suit amounted
to -- dollars and -- cents. maxine
in the whole the sum of -- dollars and
cents.
1t Is thereupon ordered and dccree,i bv this
conrt. that unless the said tins.rt the name
OF the petiilonee) pay to the clerk of this court
Tor the benefit OF the petitionor. the sail last
mentioned sum- with interest theres.n iram
the date of this decree TO the time Of such