Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1855-11-29


n 0 ONEMBER 20, 1855.
or other magistrate, or of contempt of any I
court, chancellor, judge or other magistrates and
in consequence of such disobedience or contempt,
is imprisoned or confined by the order or judge
ment of such court, chancellor, Judge, or magis-
trate, such person, so imprisoned or confined,
shall be entitled to his writ of habeds corpus,
returnable to the supreme court in any county
in the State
Sec. 2 In case it shall he made to apper, on
the hearing upon such writ before the supreme
court, that such disobedience or contempt was
committed through ignorance, mistake, or mis-
apprehension, or by acting in good faith under
the advice of counsel, and that relief may be
granted, as herein provided, without imparing
the rights of any parties concerned, or the due
administration Of law, the supreme court are
hereby empowered in their discretion, to dis
charge such person from imprisonment or con-
fnement, upon such terms and conditions as to
them shall seem meet
SEQ. 3. The said supreme court may, in their
discretion. order the person, so bringing the
writ, to file bond with tho clerk of said court,
in such sum and with such sureties and with
such conditions to be inserted in such bond, as
said court shall direct, which bond shall be CIV
en- to the clerk of said supreme court, or to such
person us said court shall designate in their said
order; and may further order that, upon filing
such boud as aforesaid, such person shall 90 at
large; and such bond, so filed may be prosecut.
ed Tor the benefit of any and all parties con-
cerned.
Sec. 4 This act shall take effect from its
passage.
Approved, November l4th, 1855.
No. S.-An act in addition to chapter thirty
four of the Compiled Statutes, relating to
depositions.
IL is hereby enacted by the General Assembly
Of The State Of Vermont, as folto,Os:
Sec. l. In any action, now pending in any
OF the courts In this State, or in any action
which may hereafter be brought in any of the
courts aforesaid, the deposition Of any of the
parties to such actions may, when taken upon
notice agreeably to the statutes relating to the
depositions of witnesses, be used in the trial of
any such action.
Sec. 2. This act shall take effect from its
passage.
Approved, November l4th, 1855.
No. 9.-An act relating to confession of Judge
ment and proceedings thereon when trustees
are summoned. 49,.
IL rs hereby enacted by the General Assembly
Of the State Of Vermont, as follo,cs:
Sec. L. Whenever in any suit in which any
person shall be summoned as trustee the defen
dant shall tender to the creditor therein n con-
fession of judgement, as provided in section four
Of chapter one hundred and fifteen of the Com
piled Statutes, the creditor may accept such con.
fession without prejudice to such suit and in
such case he shall file such confession with the
court, in which such suit is pending, whereupon
the same proceedings shall be had as if such
confession had been made in open court.
Approved, November l4th, 1855.
No O.-An act relating to suits before JUS
tice of the peace.
IL is hereby enacted by the General Assembly
Of tie State Of Vermont, as folio,cs:
Sec. |. In any suit before Justice of the
peace, If the writ is not returned so that sale
Tjastice may have the same lat the time and placs
therein set for trial and if the defendant has
before legal notice of the discontinuance of sale
action, in good faith incurred costs thereir
which have not been paid or rendered to him
and shall then and there appear before said jus
tice with certified copy of said writ said justice
shall render Judgement thereon for the defen
dant to recover his costs and issue execution
thereon, and the security in said writ shall be
holden to pay the cost provided, no such Judge
ment shall be u bar to any future action brough
by the plaintiff for the same cause.
Approved, November l4th, 1855.
No. ll.-An act in addition to chapter sixty
seyed of the Compiled Statutes entitled " di
vorce."
IL is hereby enacted by the General Assemble
Of the State Of Vermont, as foNolos:
Sec. |. Whenever any married women shall
file libel for divorce, and pray for alimon
therein, any judge of the supreme court shal
have power, upon application of such woma
for tnat purpose, to enjoin the respondent j
said libel from conveying such portion of hi
property during the pendency of such libel Il
shall be necessary, in the opinion of such judge
to secure such aimony as may be decreed t
such woman and such order, when filed an
recorded in the town clerks office in any towr
. or served upon any private corporation, shall /
Il lien upon such of the real estate of such res
r pondent in such town, and upon such of til
c stock Of said respondent in such corporation,
w
e Sec. 2. IF any such respondent shall, att
y service of such order upon him. violate the sam
= he may be proceeded against before such judl
r as for u contempt.
Approved, November 18th, 1855.
: No. H.. An act in relation to assignments.
,s II is hereby enacted by the General Ascend
IS Of the State Of Vermont, as foYows:
NJ. Soc All baro, rtnr mn ia ~
Is der the provisions Of an act relating to assig
st ments, approved, Nov. 18th, 1852, shall be
& 1.-THE benefit of all the creditors of the assignt
l- in proportion to their respective claims, anythi
in such assignment to tho contrary nowit
standing
Sec. 2. The assignee shall, within ten da
of after the making Of any such assignment, e.
cote to tho probate court. for the district
ly which the assgnor resides, a good and suihcie
bond with sureties to the satisfaction of s.
" court, conditioned for the faithful perlormar
G. of such trust.
t. Approved, November l4th, 1855. 4 f
in No. I3.-An act relating to the discharge
by one or more joint debtors, without impair
the rights of creditors in respect to other
of debtors
II is hereby enacied by the General Assem-
its of the State Of Vermont, as foAotcs:
Sec. l. Any creditor who now has, or he
, after may have, a debt or demand against i
copartnership, or several joint obligors or p
Is. nissors, may discharge one Or more of such
Jly partners. obligors or promissors, without
pairing his right to recover the residue of
ay debt or demand against the other copartn
10 obigors or promissors.
on Sec. 2. In all such cases, q suit may
bc brought and maintained against all or any
ing such coprtners, joint obligors or promlssors
so discharged, setting forth in the declara
ing thereof that the contract was made with
,et defendants and the party so discharged, and
the such party has been discharged and such
rt charged shall have no other effect than such /