Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1853-12-22

passage. r.t.H
Approved, December 6 1858
No. l5.- An act in relation to the disclosure
Of tru ..
IL is hereby enacted BY The General ASSEMBLY Of
The State Of permom, as jotioics: .,,.
Sec. | When any person shtll be summoned
to appear before an? county court, as trustee,
in any cause there pending. and shall appear
and file disclosure deuvng his liability as
trustee, Or submitting the question Of his l'ablll-
ty to the cont upon any statement OF facts there
in contained, such court shall, upon the appli-
cation the panrff, appoint one or more COM
mlssioners whose duty it shall be to take the
disclosure OF such trustee, and hear and ex
einine such testimony as the parties shall adduce
in respect to the liability Of such trustee, and
TO determine all questions arising IN respect To
such lAby, and 10 report to the court from
which such Commissions issned tbs facts IN
respect to such liability, with the decision Of
such commissioner or com niSsioners thereon.
Sec. 2. ANY commissioner so appointed may
administer all necessary oaths or afiirnat'"ns to
anv trnstee. or witness, appearing before him ;
and may summon any trustee, whose disclosure
he has been appointed To take, to appear before
MN ana MAKE uS.NGUFF, dUi ~ ""F "" fCo.
after reasonable notic: f on, such commissioner,
sh ~ refuse or neglect 10 app ar b 'lor9 hih, or
Appearing, ST, III refuse or giect 10 maze MS
dsc ,sure, i shall be the duty OF such Com
missioner o CO n'n!ssionnrs 10 rep 'rt such TACT
to the court fum whence snes, commission
issued and thcfpnpon such court. un ess good
cause be >ho w 10 The contrary, shill render
Judgment aglln. sn;h tins et, a. 10 case OF
default. And IN case the trustee sln appear
before surh commissioner Or CON rl'iloners, and
shall re'nsn or neg lrct 10 answer such interfog
atnti'.s as -iA be proposed To him by The plain
tiff or commissioner. such re'usas Of neglect
rel dive to the pltticalar matter to which such
answers il required, shall be taken against the
trustee 81 refusing.
Sec 3 The commissi ,ner or commissioners
appointed in pursnance ct this act, mnv notify
the parties Of the ii nc and place OF hearing, by
cinsing them or their all rneys of record, to Dc
personally notified, Or by clatutipn lett at suc1
parties usual abode, at least twelve days previ
Gus to the tune of such hearlng.
Sec. 4. The disclosure of the trustee, before
any such commissioner or commissioners. shall
he taken in wiring by the commissioner as in
the examination Of party before an auditor in
by the commissioner or commissioners taking
the same, to the court from whence such com
missioner Issued, with the report Of such CON.
missioner or commissioners And the disclosure
OF the trustee shall be certified by the commits
soner OF comm sson+rs.
Sec 5. The court before whlch the action
shall be pending, and also the commissioner or
commissioners so appointed, may require tho
ee to produce before the commissioner or
commission either his ledger or his original
book of entries. as they shall THINK proper.
whenever the same shall become necessary for
determining the liability Of such trustee.
| s C. G. Whenever the commissioner or CON
,nissioners shall havo returned to The court the
DISC ,sre of the trustee together with tho report
| of the ftcts, and OF The decision of such CON
| missioner or commissioners thereon. judgment
shall be rendered on such report, II no inst Cause
be shoSn to the contrary rs IN the case Of re
port made by auditors appointed in any action
uppn book account
| Sec. 7. When commissioner OF commissioners
shall have been appointed Ia any Case III pnfsu
anca of the pfovs'oa' of thl7 ac', all questions
Of fact arising in such case sh Ill be tried and
deter mined by such commissioner Or commas
sonnrs; and SO lnnch OF sections nineteen aud
forty seven OF chapter thirty two OF thu com
piled statutes as is Inconsistent herewith Is here
ny repealed.
Sec Sections twenty two and twenty three
of chapter thiI,y.two Of The compiled statutes,
and the act entitled "an act relating TO trustees"
approved November Twelve, eighteen hundred
and fifty two, are hereby repealed.
Sec 9. When costs shall be allowed to any
trustee, IN case which shall have been tried b,
Il commissioner or co nmsSloners under the pro
visions of this act, such snin shall be allowed
for the travel and attendance OF witnesses. and
the attendance Of counsel, on the part OF such
tru tee, before the commissioner or commits
sioners. as by the existing rules of practice in
this State IRE allowed FIR the travel aud attend
an of COUNSEL before master IN chancery.
Sec. 10. This act shall take effect from its
passage.
Approved, December 6, 1853