Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1857-12-03


signment and Of the inventory OF the property
including all chooses iu action and of the list
of creditors to be benefited by the assignment
to remain on file for the use and inspection OF
all persons interested in such assignment.
Sec 2. Section two Of an act entitled " al
act in relation to assignments" approved No
vembsr IA, 1855, is so amended as to read rs
follows the assignee shall, at the time of the
making Of any sneh assignment. execute TO the
probate court, for the district in which the as
sieuor resides gooi and sufficient bond. with
surcties to the satisfaction Of said court, c.n-
ditioned Tor the faithful performance OF such
trust. 90
Sec. 3. IL such copies aud bond shall not
be executed and ffled assjirse.1d 10 tho Pssceod-
ing sections Of this act, the property % assign
ed shal be liable to the trustee process. and to at
tachment and execution, at the suit OF the cred.
itors of the assignor, the same as ii no assign
ment had been made bnt after such copies
and bond have been 80 filed and executed /; and
so far said assignment shall. for such cause, be
mperitive as against the creditors of the assign
or. but no farther,
Sec t. Section faur Of the act mentioned
in the first section of this act is hereby repealed
Approved, November 10, 1857.
No. l2 An Act in relation to notices OF pro
test upon bills Of exchange, checks, drafts
and promissory notes
IL is hereby enacted, DC:
SEC. A notice of the protest of any bill ct
exchange, draft, check or promissory note, shall
hereafter be sufficient to charge any party to
such instrument, who resides in the town in
which such instrument is made payable il such
| 10 stal
resi- lencs of such party, in the town in which
such instrument is made payable, directed to
the party to be charged, and the postage there
on prepaid.
Approved, Nov 10, 1857.
No. l3.--An Act to repeal an act therein
mentioned.
1t IS hereby enacted, &c:
Sec. |. That an act providing for the refer
ence OF actions in the county court, approved
November Is, 1856, be and tho same is hereby
repealed: Provided, that nothing in this act
contained shall affect any case where trial has
been had, or commenced, under the provisions
of the act aforesaid.
Sec 2. This act shall take effect from its
passage.
Approved, November 9, 1857.
No. l4--An Act relating to the records Of Pro
bate Courts
IL is herr6y enacted, DC:
See |. If i'll any probate district in this
State any part or nll the records Or files of tlit
probate courts, for thai district, have been OF
shall hereafter he destroyed by fire or other
wise, any person interested in any estate which
at the time Of the destruclon, shall have beer
settled Or shall have been in progress Of settle
ment m that district, may present to the pro
bate court OF such district, for record, any cer
tsfcu cupy OF the records of the proceedings O
such cour, or any copy of the report Of the ap
pralsers, or any copy of the report of commits
ioncrs Tor allowing claims or for the partition
or distribution of the estate, certified respect
lively Ivy such appraisers or commissioners, tn
originals of which have been 80 destroyed, ant
on receiving such copies, the probate court
shall by publication. or otherwise, give motto
to all persons interested of the time and place
when and where Il hearing will be had on tn
question, whether said copies shall be recorde
or not and upon such hearing, the court may
in its discretion, order such copies to be re
corded and when such order is made. the re
, cording vffcer of such court shall record tn
same, provided the person presenting such coy
, los will pay the legal fees for service and tn
records So made shall be treated as original rec
ords, and copies thereof duly certified shall hav
| the same validity for all purposes as copies {
r origna records
! Sec. 2 Ifin any probate district the recordin
officer OF the probate court, for that district
has failed or shall fail to record all tho pre-
ceedlngs ef the court previous to the termina
tlon OF his office, it shall be his duty, if living
forthwith to complete the records, if he fai
81 to do, within a reasonable time. it shall
the duty Of the recording officer then in ofic'
: TO record aud sign the same. at the expense {
the person, whose duty it was to make the re
ord, provided he had received the fees for NAL
ing them, to be recovered of him in any propt
f action by the person making the record. If b
!, reason OF death Insolvency or otherwise, ii
, fees cannot be collected from the person who,
D duty il was to make the records, the fees sha
. be paid from the county treasury as herenaftt
i provided, and in this case the person whose d.
IS " it was TO make the records shall therea(t
}, be responsible to the county for the amount
J. But if the fees have not been paid to the deli
q quent recording offcar, they shall be charged
the person whose duty 1T shall be to pay Il
probate lees for the settlement Of the estate
Aho ioSoius ihduo 40 tIoVucu w tnts SeCtio
d. by u person not in Office at the time of the pr
ceedings to be recorded, shall be us valid
though made by the person whose duty it W
p to make them, and the copies of them sh,
l. have the same validity in all courts and els
where rs the copies Of other records.
is Ses. 3. II shall be the duty of tho Judges
the county court for the c+unty in which su
. probate district is located to audit and allC
the account of the recording officer for his fe'
ID which according to the second section of Il
of act are to be paid from the county treasury.
Sec. 4. This act shall take effect from
passage.
ID Approved, November 9, 1857.
g, No. l5,-An Act relating to Railroads.
is IL is hereby enacted, DC:
d. Sec. l. In all cases where u mortgage Of a
railroad or any part thereof, made by any ra
ia road comp pany in this State, to secure the pu