Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1853-12-23

SEC. 2. This act shall take effect from its
passage.
Approved, Dec ember 6, 1853.
No. ii AN ACT to repeal m act entitled
ian act Relating to njunc'lons,i in addiuon To
chapter twenty-seven Of the compiled
Statutes" approved November %, 1852.
II is hereby enacted SC.
Sec. |. The act entitled "an act relating to
iniunctons, in addition to chapter twenty seven
of the compiled statutes" approved November
90, 1859, is hereby repealed.
Sec. g. This act shall not affect any proceed
ings had, or appeal taken under the provisions
of the statute hereby repealed ; but the same
shall proceed and be determined in the same
manner as though said repealed statute yet
remained in force
SEC. g. This act shall take effect from its
passage.
Approved, December G, 1853
No. l5.-AN ACT in relation to the disclo-
sures of trustees.
II is hercby enacted, &c.
Sec. l. When any person shall be sum
moncd to appear before any county court, az
trustee, in any cause there pending, and shall
appear and file Il disclosure denying his liahi-
litv as trustee. or 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 he to take the disclosure of such trustee,
and hear and examine such testimony AS the
parties shall adduccc in respect to the iahil-
ty of such trustee, and to determine all ques-
tons arising in respect to such liability. and
to report to the court from which such com
mission issued the facts in respect to such
liability, with the decision of such commits
sioncr commissioners thereon
SEC. 2. Any commissioner so appointed
may administer all necessary oaths or aflirma-
tions, 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 dis
closure; and if any trustee, after reasonable
notice from such commissioner, shall refuse
or neglect to appear before him, or appear
ing, shall refuse or neglect to make his dis
closure, it shall be the duty of such commits
.oner or commissioners to report such fact to
the court from whence such commission
issued ; and thcrcupon such court, unless
good cause be shown t. the contrary, shall
render Judgment against such trustee, as in
case OF default. And in case the trustee shall
appear before such comm Ssioner or commits
sloners and shall refuse or neglect TO answer
such intcrrOgatorcs as shall be proposed to
him by the plaintiff OF commissioner, such
refusal or neglect, relative to the particular
matter to which such answer is required, shall
be taken against the trustee so refusing.
SEC. g. The commissioner or commits
sioncrs appointed in pursuance of this act,
may notify the parties of the time and place
by causing them, or thc!rattorneys
of record, to be personally notified, or Ivy eta
ton left at such parties usual abode, at
least twelve days previous to the time OF such
hearing.
SEC. 4. The disclosure of the trustee
before any such commissioner OF commits
sioners, shall be taken in writing by the
commissioner as in the examination Of Il party
before an auditor in an action of book account.
and shall be returned, by the commissioner OF
commissioners taking the same, to the court
from whence such commission issued, with
the report of such commissioner OF commits
sioncrs. And the disclosure of the trustee
shall he certified by the commissioner or
commissioners
SEC. 5. The court before which the action
shall be pending, and also the commissioner
or commissioners 50 appointed, may require
the trustee to produce before the commissioner
or commissioners, either his ledger or his
original book Of entries, as they shall think
proper, whenever the same snail bccOlnr nee
essary for determining the liability Of such
trustee.
SEC. &. 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 decis-
ion of such commissioner OF commissioners
thereon, judgment shall be rendered on such
report, il no just cause be SHOWN to the con
trary, as in the case Of Il report made by au
ditors appointed in any action upon book
account
SEC. I. When n commissioner or commits
sioners shall have been appointed in any case,
IN rurauance OF the provisions of this act, all
questions Of fact arising in such case shall be
tried ind determined by such commissioner
or commissioners and 30 much of sections
nineteen and forty seyen Of chapter thirty-two
of the compiled statutes as is in consistent
herewith is hereby repealed.
SEC, 3. Sections twenty-five and twenty
three of chapter thirty,two Of the compiled
statutes, and the act entitled ian act relating