The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1857-12-02

under the provisions of the act aiore
ssid.
See O. This act shall take effect from its pas
tage
Approved, November ., 1857.
No. 14.-An act relating to the rec,
ords of Probate Courts
MS hereby tHaetcd, d'c.
Sec. l. lf in any probate district in this State,
any part or all the records or files of the probate
courts, for that district, have been or shall here
after be destroyed by fire or otherwise, any per.
interested in any estate which, at the time OF
the destruction, shall have been settled OF shall
have been in progress, Of settlement in that dis.
trct, may present to the probate court Of such
district for record any certified copy Of the rec
urds Of the proceedings OF such court, or any copy
Of the report of the appraisers or any copy OF the
report Of commissioners for allowing claims, or for
the partition or distr button of the estate, certified
respectively by such appraisers or commission
ers the originals of which have been 80 destroyed
and receiving such copies, the probate court,
shall by publication, or otherwise, give notice TO
nl persons inter ested Of the time and place, when
and where hearing will be had on tile question,
whether said copies shall be recorded or not; and
upon such hearing, the court may, in lis discre.
ton, order such copies to be recorded, aud when
such order is made, the recording officer of such
court shall record the same, provided the person
presenting such copies will pay the legal fees for
such service and the records made shall Oe
treated original records, and copies thereof du
ly certified shall have the same validity for all
purposes as copies of original records.
Sec, 2. II in any probate district, the record
ing officer Of the probate court for that district,
has failed or shall fail To record all the proceed
ings of the court previous TO the termination OF
his Office il shall be his duty if living, forthwith
- complete the records ind if lie fails SO 10 DO.
within II reasonable time, it shall be the duty Of
the recording officer then in office TO record and
sign the same at the expense Of the person, whose
duty it was TO make the record, provided he has
We he faau for mo rim han tn hn "
cred Of him in any proper action by the person
making the record. II by reason OF death, insol-
vency otherwise, the fees cannot be collected
from the person whose duty 1t was 10 make the
records, the fees shall be paid from the county
treasury as hereinafter provided, and in this case
the person whose duty il was TO make the records
shall thereafter be responsible to the county for
the amount. But if the fees have not been paid
10 the delinqu emit recording officer they shall be
charged to the person whose duty it shall be to
pay the probate fees for the settlement OF tile o.
tate. The records made as provided in this sec
ZION, by person not in office at the time OF the
proceedings to be recorded, shall be as valid ~
though made by the person whose duty il was 10
laake them, and the copies Of them shall have the
same validity in all courts and elsewhere az the
copies OF other records.
Sec. 3. 1t shall be the duty Of the judges Of
the county court for the county in which such
probate district is located to audit and allow the
account OF the recording officer for his fees, which
according TO the second secti IN OF this act to
be paid from the county treasury.
Sec. 4. Thi. act shall take effect from its pas
sage.
Approve |, November 9, 1867.
No. 15.-An act relating to Railroads.
MS hereby enacted, DC.
Sec. !. In all cases where mortgage of any
railroad or any part thereof, made by any rail-
road company in this State TO secure the pay
Inent OF bonds shall have been fore closed, and
the legal title to the mortgaged premises vested
in the mortgages, any number Of persons hold
ing majority in amount Of the principal of the
bonds so secured, may form themselves into II
corporation for the purpose of owning or main
tanning and operating such railroad or part there
OF for public use, III the conveyance OF persons
and property, in the manner following they
may make subscribe and file articles OF assoca-
zion, in which shall be set forth n brief statement
vi the making and foreclosure of the mortgage
under which they have become interested In such
railroad the amount of bonds which were OWING
upon and secured by the mortgage the name of
tile corporation TO be formed the amount OF its
capital stock, which shall not exceed the amount
Of principal aud interest of said bond, and twen-
ty-tve per cent. on the same in addition thereto,
and the number Of shares, each Of which shall be
hfty dollars, into which the capital stock shall be
divided: the number of directors by whom tie
corporation shall De managed; the names Of the
persons who shall be directors for the first year
and until others are chosen in their places, and a
majority Of the directors OF such corporation shall
be residents Of this State. Each subscriber 20
such articles shall state In his subscription the
number OF shares which he takes or agrees 10
fake and the am cunt of bonds held by him and
secured by such mortgage which he intends 10
surrender in payment or part payment Of his sub.
scription such subscription may be made by the
holder in person. or by his attorney or agent and
any three Of the persons named in said article as
directors may be inspectors OF such subscriptions
and the production of any such bond shall be evl.
dence OF the right Of the person holding the came
10 subscribe 10 said articles.
Sec. g. Such articles of association shall be
filed in the office Of the secretary Of state and
copy thereof hled and recorded in the offices OF
the clerks OF each Of the counties through which
the said railroad shall pass; and notice OF the
formation OF such corporation, and of the filing
OF the articles, shall be published once week
Tor three successive weeks in Newspaper pub
hshed in each OF such counties, if any be pub
Jshed therein, and for six successive DAYS in two
or more dailies published in each of the cities Of
New York and Boston but such articles shall
not be SO Ii ed until the amount OF bonds, 10 BE-
surrendered by the subscribers thereto for lha
purpose, shall be at least ina ority in amount o.
the principal OF the bonds secured bv the mort
gage referred 10 in such articles nor until Their,
is endorsed thereon, or annexed thereto an affida
vii made by at least three of the directors NAMED
in said articles, that they have in good faith ex
amined the list of such Subscribers and that they
believe the said subscribers TO be the holders Of
representatives. OF the amount of bonds therein
stated, and that they believe the said subscriber
~ Bo"u initi, W Win tue teilus u
their subscription.
Sec. g. Any holder of r bond or bonds secure,
by such mortgage may, within thirty days afte
the last publication Of the notices provided for Il
the second section Of this act, either in person
by attorney or agent subscribe the articles Of as
ISOLATION or copy thereof, for amount of stool
equal 10 the bonds held by him or them, which h
or they intend to surrender 10 the directors OF sal
new company, in payment or In part payment o
his OF their subscription but no subscription sha
be made for fractional part OF share an
when a holder of bonds would otherwise be emit
tied To anbscribe for fractional part of a share
he may subscribe for full share and paw the ex
cess In cash.
Soc. 4. In case any holder or holders of bonds
secured by the mortgage referred TO In such arti
cles OF association, decline neglect TO subtcrib
said articles and TO become stockholders in tn
company formed, the court Of chsncery may, up
I'm the application Of such holder or upon the sp
pilcation of the new company, by decree direc
the estate title and interest of such holder O
holders 10 be assigned TO said company and sue
company shall pay such sum of money, at sucl
tmee and In such manner, 10 the other party o
parties as the commissioners appointed by III
court shall judge just and equitable and if sal
holder or holders shall not be satisfied with sucl
appraisal as aforesaid, the court shall order III
commissioners to sell such estate at public or pri
waite sale, agreeable to the order of the court au
execute good and sufficient conveyance TO III
purchaser thereof, as provided In chapter forty
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