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

ty-one of the compiled statutes shall be so a.
mended as to read as follows:
No person, who is a resident citizen of thi.
state, or of any other of the United States
shall be arrested or imprisoned by virtue of
any mesne process, which shall issue on anv
contract, express or implied, made or entered
into after the first day of January A. ID. 1889,
nor by virtue Of an execution issued on a
Judgment recovered in an action founded on
any such contract; Prorided, that if the plain
TIN, his agent or attorney, praying out writ
on any contract made after the first dav of
January, 1889, shall file with the authority
issuing such writ, an affidavit, stating that he
has good reason to believe and does believe
that the defendant is about to abscond or re-
move from the state, and has sccretcd abou,
his person or elsewhere money or other prop
erty to an amount exceeding twenty dollars
or sufficient to satisfy the demand upon which
he is to be arrested. such writ NAV issue a.
salnst, and be served urun the body of the
defendant
Approved November %, 1852.
No. An act rclatngt to proceedings acains,
trustees IN amendment of section forty-fve
of chapter thrty-two of the compiled stat,
! utc>.
! 1t Is hereby enacted, &c.
Sec |, Section torty-five of chapter thir-
ty-two OF the compiled statutes is so amended
as to read az follows:
All negotiable paper whether under or O.
ver due. may be attached BY. and the same
is subject to the operation of the trustee pro.
cess. unless 1t shall appear that the same had
been negotiated. and notice thereof given tc
the maker or endorScr before the service of
the trustee pro"c>s on him: Prorii.d. that
any negotiable paper which shall be a final
" assigned negotiated and transferred before
ii hscnmea due, shall be excn Il i,4.m attach
ment hy the trustee process. if Surh paper
shall be discounted at any bank in this state
and the bank dl>counting such paper shall
have the same right to collect such paper a,
though IT was made PAYABLE at such bank
l""t1"'d. f"'7h"r. that in all cases hereafter
arising. when from the trustees disclosure /,
shall appear that he had been notified of the
sal" or a.. a""'rnt OF any demand fer which
he would otherwise be aliul.cd trl>tcer. ei-
ther OF the parties to that suit or process NAV
raise the question of the validity of srrh sal
or assignment TO him or them. nav be sum
monrd as witnesses and compelled TO testify
to the consideration upon which such sale or
assignment was made. and if, upon all the ev-
ldcncc upon that point it shall be found that
.uch sale or assignment was not bona Ed,
then SAID trustee shall be aiiudged liable, in
tbnr,,b ,l.
ment had been pretended
Sec. , Tins act shall have no effect upon
any suit wpcnlin5 5,and hal! take etier ,fron
IFS passage.
Approved November %, 1852
No. An act relating to trustees.
1t Is hereby enacted. g..
Sec. |. hen trustee shall disclose be-
fore commissioner appointed for that rrIr-
pose under chapter thirtv-two of thu, compiI-
cd statutes, the disclosure shall hereafter b,.
taken II, In" Aa...e manner N which the test-
m"hv "i "'tneSsIn chancrry is taken In this
state hy master, commissioner, or examiner
in chancerv.
Sec, ,, This ac; shall take effect from its
passage.
Approved November l2 1852.
No, 6.-An act to amend section thirty-four
OF chapter twentv-cicht of the comnil.d
statutes. relating TO the rights of attacl.iuu
creditors.
Ii Is hereby enacted, &C.
Sec, |. The term attaching creditor in
sectIsn thrty-tour of chapter twen,v-cirht of
The complied statutes Of this state, shall be-
construed 80 As to include creditors claiming
to hold any personal property, or fund, in the
hands ot any person, against such previous
attachments As are mentioned in such section
by virtue OF any trustee process
See. ,, After any such creditor shall have
been permitted to appear in the cases men
toned IN such section. no admission or dec
laratlon, IN writing or otherwise. made hv the
debtor IN such suit. after the commencement
, thereof, of the validity of the claim on which
such previous attachment is founded. shall IL,
gwen in evidence against such creditor, nor
shall such credIt"f be in any way affected by
such admission or declaration.
Sec. 3. This act shall take effect from its
passage.
Approved November -, 1852.
! No: An act relating to Jail Yards.
! 1t Is hereby enacted, &c.
Sec |. The Jail yards. heretofore set ON,
to the several iails in this state, are hereby
extended so as to embrace the whole terrific
! ry Of the state; the boundaries of which are
constituted the limits of the ward to every
Jail therein; and the prisoners in every iail
whether committed before or since the ras-
sage of this act, shall have the same rirht to
be admitted to the liberty of the ward hereby
established. as they have hitherto had of be-.
inc Admitted to the liberty of any ward, Sc,
out under any former law. to said ,ail.
sor. :. All orders Of the several county
courts, and the city court of Vercernes set.
ting out jail yards, shall henceforth be- con.
sldered so far void. and of no force and IN,
limits established bv such orders shall nc
longer be held or considered as the limits of
such Jail yards.
Sec 3, This act shall take effect from its
passage.
Approved November 8, 1852.
No. S-An act relating to the DISCHARGE of
prisoners confined in jail in addition t,
| chapter one hundred ana twelve of the COM
| piled statutes
! 1t is hereby enacted. Sc.
Sec. l. The several circuit Judges shall
have the same powers now vested in the
judges OF the supreme court, in all cases ari.-
/ ing under the fittv-fih section of chapter on.
hundred and twelve of the compiled .,a,utes
, 4