The Rutland County herald. [volume] (Rutland, Vt.) 1852-1855, 1854-01-06

'h'hgh rhib l'l''hi'u rihAul' W. ltilalH-
ed in force.
SIC. 3. This net shall take effect
from il passage.
Approved. December G, 1883
No. l5-AN ACT in relation TO the
disclosures of trustees.
h IS hcreby enacted. Sc
SIC. !. When amy person shall be
summoned TO appear before any county
court, as trustee. in auy causc there
pending, aud shall npprar and file
disclosure denying his liability ns trus.
tee, or submitting the question OF hi-
liability 10 the court upon any stale
ment of facts therein contained, such
court .hall. npon the application Of the
plaintiff, appoint one or more commits
sioncrs. whose duty il shall he to take
the disclosure OF such trustee, aud hear
and examine such testimony n the par
ties shall addnce in respect 10 the labil-
iy of such trustee. and TO determine all
questions arising in respect To such liza
biliy. aud TO report 10 the court from
which such commission issued the iucis
in respect to such liability. with the de.
cision Of such commissioner OF commits
sionrrs thereon.
SIC. 2. Any commissioner so mp
painted may administer all necessary
oa'hs or ailrmaion., To any trustee, or
may snmmon any trdsrfc, wnn~r ,r-l
closure he has been appointed to take,
10 appear before him aud make dis
closure and if any trustee, after rca.
snnahlc notice from such commissioner,
shall refuse or neglect To appear before
him, or appearing, shall refuse or me-
glect to make his disclosure, il shall he
the duty of such commissioner or com
misslonrrs 10 report such facts To the
court from whence such commission a.
sued aud ihereupon such court, unless
good cause be shown TO the contrary,
shall render judgment against such trus.
tee, as in case OF default. Aud in case
the trustee shall appear before such com
missioner or commissioners. and shall
refuse or neglect TO answer such inter
rogaiories n shall be proposed TO him
by the plaintiff or commissioner. such
refusal or neglect, relative To the par
iicular matter 10 which such answer Z
required. shall be taken against tie
trustee 80 refusing.
SEc. 3. The commissioner or ca m.
mi'sioners appointed in pursuance oi
this act, may notify the parties Of the
time and place Of hearing. by causing
them, or their attorneys of record. 10 b.
personally notified. or by citation lrfl
at such parties usual abode, at least
twelve days previous to the time Of sucl
hearing.
SIC. 4. The disclosure of the trn-
tee, before any such commissioner or
commissioners. shall be taken in writing
by the commissioner ns in the oxaninn
ton Of party before an auditor in ~
action Of book account. md shall he re.
turned. by the commissioner or coninis'
siOnrrs taking The same 10 the couri
from whence such commission issued
with the report of such cnmmi -.ioncr o'
commissioners. AID the di-,'lo.nrr 4
the trustee shall be- certified by the com
missioner or commissioners.
Src. 5. The conri heiore which fh'
action shall be- prndina. nnl al-o lbs
commissioner or commissioners ~ ap'
pointed. may rrquirr the trustee 10 pro-
dpcr before the commissioner or com.
mi.sionrrs. either hi, lrlscr or his orig
inal book of entries. ~ they .h1ll ihirl
proper wlencvcr the same .lHli heroine
nec-rsary for determining ibe liability
Of such trustee.
SIC. 6. Whenever the commission.
~ or commissioner. shall have returned
10 the court the di.clo.nfe 81 the irns-
tre. iogeilrr with the rrpnri ~ the fact.
and of The d-ri.ion ~ such commission,
er or commissioners thereon. Judgment
shall he rendered On such rebnr. II M
jasf rans. he .hoNn Ia the contrary. ~
In The ease of frtnri made i'y sudi.
tor. appointed IN any ariion upon book
account.
Sac. 7. When commissioner ~
commissioner, ,lall have lr-n appoint
~ 10 any ca.e In p1r.uanrs ~ The pro.
visions Of The no. III question. ~ fact
nn-ing Ia such ca.r .ball be- tired and
determined hy surh eommis.30urr or
commissioner. and % mach ~ .rc'io1-
nineteen ard fouy-.st-n d chapter
ihiry-ivo n the rotnplrd statutes "a.
8. iaronsisien, herewith Il berrLy re-
pralrd.
SRo. = Ssrii0ns iw~niy two and
iw-niy-ihrs- of chapter ihiry-iNo 81
the complied siaiuies, and lbe ari ruii.
us-i sn act relating 90 irusirrs, appfay-
81 November i~rlre. eighteen hundred
and ffy-iwo. sfr hereby r.p-alrA.
g.. a Vf.. ..,..t. 4 ~ d. .fi,.s-