The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1856-12-13
LAWS OF VERMONT.
SESSION OF 1856.

and costs in suits at Law.
1t is hereby enacted, &c:
SEC. l. In any action hereafter brought
counts in trespass may be joined with counts
in trespass on the case. including trover, in
one declaration, if for the same cause of action
And when they are so joined. the pleading,
sbercupon shall be conformabIe to the Law
regulating the pleadings in the action Of
trespa.s, and the right and rule of damages
shall be governed by the law applicable to the
count or counts which the court shall, upon
the trial thereof, adjudge to te adapted to the
cause Of action shown by the proofs.
SEC. ,. Ia actions of assump>it, debt on
simple contract and trespass on the case, in
cluding trover, if the defendant proves the
general issue. but relies on special matter Of
defence as payment, release, accord and sat-
istaction. a judgment recovered for the same
cause or other matter operating to extinyuish
the right of action which once existed, he
shall file with such plea, within the time al
lowed by the practice of the court for filing
special pleas, notice in writing specifying
the intended matter of defence under such
plea.
t'I-' -. luC party dSdiuSt "HOtti uUt,S'
is specially pleaded in confession and avoid
ance III answer to matter 10y him antecedent-
" alleged may be a general form of denial
traverse and put in issue all the material
facts 80 pleaded by the other party
SEC. 4. When any action pending in any
county or supreme court shall involve the
trial OF several and distinct issues. or of sew
erat and distinct claims. the court in taxing
the costs shall allow to each party the costs
arcruing upon such of said issues or of sal !
claim. az he shall prevail upon.
SEC. ). When the plaintiff in any action
in any county or supreme court shall recover
judgment for only nominal sum for debt q,
damages, the court NAV III their discretion
make such order in respect to the allowance
of costs to the plaintiff as shall be just and
equitable Proruled, that in no case shall the
costs 50 allowed exceed the rate prescribed
by law.
SEC. 6 This act shall not apply to or af
feet any suit now pending
SEC :. This act shall take effect from
its passage.
Approved, November Is. 1856
No. S-AN ACT in addition to Chapter
twenty eight of the compiled statutes. enti
tied 4" The Supreme and County Courts "
Is h>r"by enacted, A'c::
SIC. /. Every question of Law decided
BY the county court, arising upon demurrer.
or upon trial by .lury.or upon motion in arrest
in anv prosecution bv indictment or informa-
ton Tor anv crime or msdemeanor, shall, af-
ter verdict OF guilty is returned. upou motion
of the respondent, be allowed and placed up-
on the record and the same shall thereupon
pass to the supreme court for final decis-
I ion; and Judgment. sentence and execution
shall be thereupon respited and stayed in
capital cases and in all other cases at the dis
erection OF the court.
SEC. .. The seventy second section Of
the chapter to which this is in addition is
hereby repealed.
Approved, November -, 1856
NJ. AK ACT extending the provisions
of Section eight of Chapter thirty of
the Compiled Statutes relating to new tri
ais
N n hereby enacted, &c,
SEC. ,. The provisions of section eight
of chapter thirtysx of the compiled statutes,
and the relief granted therein, are hereby
extended to all persons. against whom jnds
ment ha, been or shall be rendered by JUS
tice of the peace, bv default. and who have
been. or shall be, deprived of their day in
court. bv fraud. accident. or mistake.
SEC g This act shall take effect from
its passage.
Approved, Oct. slst. 1856.
No. l0-AN Act to amend Section three of
Chapter thirty four of the Compiled Stat
utes, relating to drpostion' Of witnesses.
II Is hereby enacted, SC,
SEC l. Section three oc chapter thirty
four of the compiled statutes. is so amended
as to read as follows: Notarics public and
masters in chancery. shall have the same
power 10 take dcpositions. and to issue sub
penas & attachments, for witnesses to appear,
before them or any other court or tribunal
that justices of the peace now have. and all
dispositions taken by notary public, o. mas
ter in chancerv. aSreeabiv to law. shall be
admitted on the trial ofanv civil cause in any
court of law.
SIC 2. This act shall take effect from its
passage.
Approved, October 27th, 1856.
No. 11.-AN Act relating 10 the proof Of
Marriage in criminal prosecutions.
II is hercby enacted, Sc.
SEC. l. In prosecutions for crimes and
penalties, when it shall become necessary on
the part Of the prosecution to prove the fact
of the marriage of the respondent, acts of TO-
habitation 10y the respondent, with the suppo.
sed wife or husband, as the case NAV be, as
well as other acts, admissions and declara-
tiOns Of the respondent, tending to prove
such marriage, shall be admitted in evidence
as competent testimony to prove such fact.
SEC. 2. This act shall take effect from It's
passage.
Approved, October 3I.t, 1856.
No. l3.-AS ACT in addition 10 Section ten
Of Chapter fifty-three Of the Compiled Stat
utes, relating to the rendering OF accounts
bv executors and administrators.
II rs hereby enacted, Se..
SEC. I. Section ten of chapter fifty three
of the compiled statutes is amended so as to
read as follows: 1t shall be the dutv OF the
probate court to examine every executor, al.
ministrator, guardian and trustee upon oath
as to the truth and correctness Of his account
before the came shall be allowed by the
court F'ro,f,led, however, that the probate