Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1855-12-07


the penalty, such offence or offJnses shall be
taken. held, and considered to have been com
mitted on the day or days specifically set
forth in such complaint, Indictment, or in.
formation as the time when such o.iensc or
ofcnses we're committed unless the respon-
dent. at the time OF pleading guilty. az alore-
sdid, shall specify some other day or DAYS on
which such on,nse or oifenses were commit
ted, nm entry Of which shall be made upon
such complaint, Indictment, or information,
and become part Of the record.
2 The judgment rendered in such pro-
ccedihgs, on plea of guilty. as aforesaid. shall
not be Il bar to any subsequent prosecutions
for any other off or oilenses than the spe-
cihc oittnse or oHenses specified MS aforesaid
in the complaint, indictment or information,
or by the respondent; Proc,ded, no such ,le;.
OF guilty and judgment thereon shall bo Il bar
to any subsequent prosecution for any other
ofense or oileuscs, committed On the same
day.
.. 1t on any subsequent proceedings
against the same person Tor u like selling
furnishing, or giving away Of Intoxicating
liquor, 1T shall be made to appear that such
person has been guilty thereof n. any other
time or tircs than is specified in such prior
proceedings as aforesaid such person may ha
proceeded against therefor in the same man
other oi9nses had been committed subsequent
to such prior judgment.
Approved, November IA, 1855
No. Am ACT in addition to chapter
fifteen of the compiled statutes.
II IS hereby enacted, &c.
) |. The jurisdiction of coustabes shall
be SO extended as to tgive them the right to
serve any process within the limits of the
State, returnable before u Justice Of the peace
within the county in which such constable
resides Prorided the town electing such
constable shall. on the day of vuch election,
vote to give their constable such extended
jurisdiction.
S2. This act shall take effect from its
passage.
Approved. November 0, 1855.
No. 5. AN ACT prohibiting the review of
actions at law.
II as hereby enacted &c.
) |. No review shall be allowed by any
county court, in this State, in anv action
hereafter commenced in, or appealed to such
court
9. All cnactments allowing the review
of actions in the county court, other than in
actions now pending in such court, are here
by repealed.
B. Section five of chapter thirty six Of
4. This act shall take effect from its
passage
Approved November ., 1855.
No e. AN ACT relating to the bringing
Of suits.
Il IS hereby enacted sc
!. |. Every action hereafter brought may
he prosecuted in the came of the real party
in interest, except as otherwise provided in
al, ,,l e =, L., =.
shall not he deemed to authorize the as
signment of thing in action not arising out
ofcOntract.
,. The action by the assignee of thing
in action shall not prejudice any defense or
set-of existing at the time or before notice Of
the assignment,
3. This act shall not apply to negotiable
promissory notes, checks, or bills Of ex-
change.
Approved, November IA, 1855.
No. :. AN ACT in addition to chapter twen-
ty-eight of the compiled statutes relating
h,s hercjy endcisd &C. '"''''"" '""''
l. Whenever any person has been
guilty of disobedicnce to the order decree.
Judgment or process Of any court, chancellor,
Judge or other magistrate or of a contempt
Of any court chancellor. judge or other ma
gistrate, and in consequence Of such disobe-
dience or contempt, is imprisoned or confined
bv the order or judgment Of such court, chan.
cellor, Judge. or magistrate, such person, so
imprisoned or confined shall be entitled to
his writ of habeas corpus, returnable to the
supreme court in any county in the State.
.. In case it shall be made to appear on the
hearing upon such writ before the supreme
court. that such disobediencu or CONTEMPT
was committed through ignorance, mistake,
or misapprehension. or by acting in good
faith under the advice of counsel, and that
relief may be granted, as herein provided,
without impairing the rights of any parties
concerned. or the due administration Of law,
the supreme court are hereby empowered in
their discretion, to discharge such person
from such Imprisonment or confinement, upon
such terms and conditions as to them shall
seem meet.
3. The said supreme court may. in
their discretion. order the person, so bring
ing such writ, to file bond with the clerk
of said court, in such sum and with such
sureties and with such conditions to be in
serted in such bond, as said court shall di-
rect which bond shall be given to the clerk
OF said supreme court, or to such person as
said court shall designate in their said order.
and may further order that, upon filing such
bond as aforesaid, such person shall 90 at
large and such bond, so filed may be prose
cuted for the benefit Of any and all parties
concerned.
4. This act shall take effect from its
passage.
Approved, November IA, 1858.