The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1853-12-28

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closures Of Trustees.
II is hcyeJy enacted Jy tic General
AsScmLly Of the STATE Of Icrmont, as
tolloteS:
Sec l. When any person shall be
summoned to appear before any county
court, as trusteein amy cause there pend
| ing. and shall appear and file disclos-
ure denying his liability as trustee. OF
submitting the question Of his liability
to the court upon any statement Of facts
therein contained. such court shall. upon
the application Of the plaintiff. appoint
one or more commissioners. whose duty
it shall be to take the disclosure Of such
trustee, and here and examine such tes-
timony as the parties shall adducc in re-
spect to the liability Of such trustee and
to determine all questions arising in re-
spcct to such liability, and to report to
the court from which such commission
issued the facts in respect to such liabil-
ity. with the decision Of such commis-
siouers thereon.
Soc. =. ANY commissioner 50 ap-
pointed may administer all necessary
oaihs or aflirmatiuus. to any trustee, or
witness, appearing before him and may
summon any trustee, whose disclosure
he has been appointed to take. to appear
before him and make disclosure: and if
any trustee. after reasonable uotice from
such commissioner, shall refuse or neg.
lect to appear before him. or appearing.
shall refuse or neglect to make his dis.
closure, it shall be the duty Of such COM
missioner or commissioners to report
such fact to the court from Whence such
commission issued aud thcreppon such
court. unless good cause he shown to
the contrary. shall render judgment a.
cainst such trustee. as in case oi default
And in case ;he trustee shall appear be
fore such commissioned or commission
ers. and shall refuse or neglect to an.
swer such nterrogatories as shall be pro-
posed to him by the plaintiff or com
missioner such refusal or neglect. rela-
tive to the particular matter to Which
such answer is required, shall be taken
against the trustee 50 refusing.
Sec 8 The commissioner or com
missioners appointed in pursuance of
this act. may notify the parties Of the
time and place Of hearing, by causing
them, or their attorneys of record. to be
personally notified, or by citation left
at such parties usual abode, at least
twelve days previous 10 the time Of such
hearing
Sec 4 The disclosure Of the trus-
tee, before any such commissioner or
commissioners, shall be taken in writing
by the com missioner as in the cxamina-
tion of party before an auditor in an
action Of book account, and shall be re
turned, by the commissioner or commits
sioners taking the same. to the court
whence such commission issued with the
report of such commissioner Or commits.
sioners Aud the disclosure of the trus-
tee shall be certified by the commission
er or commissioners.
Sec 3 The court before which the
action shall. be pending, and also the
commissioner or commissioners SO ap-
pointed, may require the trustee 20 pro.
lucc before the commissioner or c1mWis
sioners, either his ledger or his original
book Of entries as they shall thiuk prop
cr, whenever the same shall become nee.
essary foi determining the liability OF
/ such trustee.
Sec. 6. Whenever the commissioner
or commissioners shall have returned to
the court the disclosure of the trustee
together with the report of the facts
and of the decision of such commission
or or commissioners thereon. judgment
shall lie rendered on such report, if no
Just cause be shown to the contrary. as
in the case Of q report made by auditor:
appointed in any action upon book ac
count.
Sec I. When a commissioner Of
commissioners shall have been appoint
ed in any case, in pursuance of the pro
visions of this act, all questions Of fact
arising in such case shall be tried anC
determined by such commissioner OF
commissioners and so much Of sections
nineteen and forty-seven Of chapter thir
ty-two of the compiled statutes as is in
consistent herewith is hereby repealed
See. s. Sections twenty-five anl
tweuty-thrcc of chapter thirty-two o
the compiled statutes, aud the act euti
tied IAN act relating to trustees al
proved November twelve, eighteen hun
dred and lifty-two, are hereby repealed
Sec o When costs shall be allowc,
TO any trustee. in case which shal
have been tried BY a commissioner O
commissioners under the provisions o
this act, such sum shall be allowed 70
the travel and attendance of wi;ncsse:
aud the attendance of couus i, on tn
; part of such trustee, before the commi,
$ sioner or commissioners, as by the exist
ing rules Of practice in this State ar
t allowed for the travel and attendance q
e witnesses, and the attendance Of counsS
/ before a master in chancory
1 Soc. 10 This act shall take cffec
T. from its passage
C Approved, December e, 1853.
=, No. 10 An act relating to subsoquer
attaching creditors
g II is hcreby enacted JY the CrHcrc
}, assembly Of tic STATE g Vermont, q
$ fo//oirS
Sec. /. Wheacvcr any subscqucr
t attaching creditor shall cutter to dclel
a snit according to the provisions of SCI
tion thirty-four of chapter twcnty-eigl
of the compiled statutes, be Shall SO Ii
become a party to the suit that IN ca'
n he fails to defeat the Plaintiffs debt al
# the plaintiff RECEIVERS final judeme'
d for his whole debt or claim, he Shall
entitled TO execution against said subs
~ quent attaching creditor Tor uomin
Is damages and ali costs that accrue in Il
litigation of said suit after The entry