The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1857-12-12
Laws of Vermont, A. d. 1857.
No. 2s.-AN ACT Relating to the Hon
sfnnd

H's herfby eunrtrd. d.:
SEC. |. In al cases in which homestead
righ, or interest exists IN anr rr'spertv Of the
'alnc of two thousand dollar. w. more, inclu-
ding such homestead. and sch homestead
cannot he set out to the per on entitled there
to in scveraltv without grca. Inconvenience
to the parties interested in such homestead
or property, any person interested there
in may apply - TIC court of chan
Gerry Ill the county in which such property
l''ay he situated. by petition. setting forth the
facts respecting such homestead and proper
", and rrayiHs sSr relief in the premises !;
and all pcr"ons interested IN such homestead
or rTopcrty shall be fhade a-rtics to such PC
tition
SEC. >. pom the filing Of ench petition,
the petitioners shall give se.r:.itr to the adj
verse party for the costs Of prosecution, in
the manner provided by the ruIc: and prac-
tice of the court of chanccry in otlier Eases.
and thcrcupon the court shall issue .ubpa-
Ma TO the defendants in such petition requir.
ing them to appear before such court, on
certain day named in such petition, and make
answer 10 such petition; and such petition
and subpoena shall be served not less than
twelve days before the time fixed for such ap-
pcarancc.
SEC. 3. The court of chanccry may make
such interlocutory orders in such cause a.
may be necessary to bring the matter to
speedy hearing; and if upon the hearing it
shall appear that such homestead cannot he
set out in scveralty without great mconveni-
ence to the parties interested in such home
nr rfx tt,.
homestead 10 be assigned to parties interest,"
cd IN the residue of such property, and there
upon require such parties to pay into court.
for the benefit of the parties interested in
such homestead, the sum of five hundred dol
lars: whercupon such homestead shall cease
and the right thereto in such property be cx-
tinguishcd.
SEC. i. SAID court may. on such hearing
on the application of the persons interested
IN such homestead. order an assignment of
the interest of the other parties in such prop
erty to bc made to the persons interested in
such homestead. on the payment by such per-
sons cf the value of such interest to such
other parties; or said court NAV order sale
of such property and homestead. for the ben
ett Of all concerned, if it shall appear nccrx-
sarv and for the interest of the parties inter
cstcd so to do: and in such case the money
realized from such sale to the amount of five
hundred dollars. shaIl be paid into court for
the benefit of the persons Interested in such
homestead.
SE'. >. Such homestead money. so paid
into court. as is provided in this act, shall be
paid to thC person entitled thereto, unless he
shall be married man. in which case it shall
not bc paid to him without the written con-
sent of his wife, executed in the prcscnc. of
two witnesses. and seanow dgcd hy her be-
fore magistrate to he her free and vounta-
rv ar*.
SIC. G. In every case In which homestead
money shall be paid ins" court. in any pro-
cecding under this act. the same NAV be. bv
the person cntitica thereto. invested in a new
homestead. whether such money remains in
court or has been paid over as i. provided in
the preceding section. ard such new home
stead s1'a's have the same immnnitics from
the claims of creditors and others that the
prior homestead had and such investment
of money in court shall be made under such
orders of the ccur. Of chanccrv rs shall be
necessar: to secure the application Of such
money :" that rarsSse.
SIC. .. In every case in which it shall ap-
pear TO the court of ckancerv. upon petition
hl.t. IN TIE manner afor said. setting forth
the cause of such application. that il is clear
y for the interest of all concerned that a
homestead shall he disposed Of the court
may. at any time. after due notice to all inter
c>tcd therein X hearing.ortler such homestead
70 be sold or otherwise disposed o.. under
such orders and restrictions as to the DISPOSE
ton of the same and the money realized
thercfrom as shall appear necessary or prop
er and such sale or disposition shall extin-
Suish such homestead
/ SEC. s. Whenever anv person entitled to
any homestead money.r realized inianv pro-
ceed!nS under this act shall be an infant.n,a
RED woman or insane person. the court shall
make such order as to the pavmcnt of such
money as by its general jurisdiction il has
power to do in other cases.
SIC. 9. This Act shall take effect from its
passage.
Approved, November 10, 1851.
No. 2?.-AN ACT Relating to the Hem
stead
: Il: :is herebv enacted, &c.
SEC. l. When any married woman, whose
husband owns any real estate in this State in
which the wife has homestead. and said wife
shall have been lFnsane one whole year next
preceding and is insane at the time of ma
king the application. and having mo- guardian.
the husband may apply to the probate court
in the district where said real estate is situa-
ted for license TO sell the ri sht of homestead
III said real estate. and SAID court, If ii is of
the opinion that the interest Of the husband
and ~itc require il. may grant license TO
said husband to sell the right of homestead,
and. upon obtaining such license said hus-
band MAY sell and convey the same: Prori-
isi. however. that before any such license
shall be granted. notice shall he given to the
friends of such insane wife, by publication or
otherwise, in such manner rs will best secure
a proper representation of her interests before
such court: and notice of the application shall
also hc given to- ssonc or more srlcctmen ofthe
town in which such homestead is situated !;
and such friends and scleclmen NAV appear
and object to the granting of such license.
SEC. >. \ certified copy Of such license
shall be recorded in lthc town clerks offic,
where such real c>.a'c is..Aituatsd.
SEC. 3. This act shall take effect from its
passage.
Approved, November 10. 1857.
No. 3O.-AN ACT in Relation to TreSpa>s
upon the Freehold.
II Is hereby enacted. stc.:
i SEC. l. Whenever Judgment shall lie rem
lered in favor of the plaintiff, in an action of
trc>pass upon the freehold. commenced before
Justice. the plaintiff shall recover full costs.