Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1857-10-30

HE'D by chancellor, and such trustees to
De corporate power. By Mr. Stewart oil
AIIdlcbury, relating to the records OF Pro-
bato Court, certified copies OF record may
lie used to make new record when oriSi-
nal records have been destroyed by fire or
otherwise. BY Mr.. Woodbridge Of Yer
gcnncs, by request, to amend net concern
ing tho militia, Gin conformity to the roso-
lutons OF the Military Convention } By
Mr., Merrill of Montpelier, in relation tO
duties OF Railroad Commissioner, giving
power to apply to Chancellor for injunction
when roads are unsafe, Nc, to recommend
Improvements, keep II record Of complaints
and report to The Legislature
PttHIoHs, &c, r,fcrr,d.--Of Solomon
Foot, VIM. &. Kittrcdgc, and - others,
| Tor incipicnt steps for amendment Of the |.
! ;. Constitution which shall give an inlis-
| pntah!c right to justice for every person,
| black or white: read and referred to select
committee on the Drcl Scott case, Scr
y bill Tor repeating the act Of last year
on the judiciary system of the state was
c)nsid.ryd in the llJuso, but not disposed
or.
AFTERNOON.
The SLATE rcclnsilcrcl tholr vote limit
iug thc Introduction Of bill. to next Ibn-
day, AMI laid Che resolution on the table
RvJH 10 tho lIuusE the mai rty .fthc Ju-
dietary committee, in favor OF bill ID repeal
lc,ui lcjj in reference Of actions in the
County Court.
Mr.. Weoi5rig, Of Nertennos slil the
ma jrity OF the committee thought that
tn parties ought to have the right u a
'ruIi in court. AMI not be subjected to the
whjm pt any iuIgc.
Mr.. S,oidird Of waterford said tho pro-
icssci object Of the law ol last year was to
reiue, the expense ot litigation AMI to give
more summary justice, and it has failed in
both points
Mr.. Deanc Of Cavcn lish sid the act for
4 reference Of action, is an attempt to got
round the constitutional hight to Il trl ii by
jury, and he was Tor wipiny it as Il biOt
from the Statute books. lt is true that
there may be cases that ought to be refer
red,ls where the jlry should view the prem
ises but this should not be done at the cx-
pcnse Of the rights Of p1rtcs
Mr. Merrill OF Montpelier thought the act
had not had Il fir trial. Tho act Of last
year gives discretion to the court tJ refer
or not and in his practice he had fOual 10
difficulty in this county, where the Judge
NpHIu not refer Without INC consent Oh bJtu
parties. lra jury trial is asked after a
reference, it can be had, y case OF that
kind hns occurred, and gone up to the Su-
lrcmc COurt. lie would wait for the dl-
cIslon Of the Court on this qu. u.stlon.
Mr.. Woodbridge thought the act of last
year unconstitutional. So thought Nj.
Bradley
Mr.. Noedham of Hartford was sorry to
find himself differing from those who sup
port this bill. lie thought it would be
WIsc to 1T the existing act have IA lair trial,
The great fault of legislation is haste, con-
founIing the lawyers AMI every boiy else;
and the sooner this evil can be lessenel ana
the laws simplilcd, the better it will be for
both people and lawyers.
The bill was ordered to third reading;
ayes ia noes 50.
NuTuAL bANK.-The motion to reconsider
the yote passing the bill was ncsatiYcd;
ayes : noes loS.