Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1857-11-20

than fifty thousand dollars and in number five more shall
deem any trustee of such mortgage TO he unsuitable person
administer such trust they may apply by petition to any chan
ccor for the removal of such trustee and shall forth in
general the grounds and for such removal The
shall hereupon appoint short day for hearing such
ton and shall give due notice thereof to the trustees Of such
mortgage and TO all other persons Interested The shall
take especial to give notice of such applications and of the
time and place OF hearing to all interested who reside
out OF thus State by publication daily newspapers
published in Boston and New York
SEC 3 Upon the hearing the petitioners and and all
other witnesses shall be examined orally before the chancellor.
The shall examine all alleged breaches of trust
ncgcc or omissions of utv MS to the fitness and copeencv
of the trustees their holding any other Offices having
any interests either Of public private nature inconsistent
any way with the true interests Of the ccuiqe trusts inter
ferng any way with the prompt fair and impartial discharge
of the duties of such trusts and generally to all the crcum
conduct of the trustees which render ncxpecn
for the interests of the trust to continue them Office If upon
such hearing the chancellor finds that such ought be
removed he shall decree his removal shall appoint trustee
in his place. and shall make such orders and DEGREES to the
transfer and conveyance of The property from the old to
the trustees accrtanng the debts and liabilities of
the old trustees and the payment Of the to the future
management of the trust and the accounting thereon and cner
ally to all other matters and things connected with such
as the exgenccs of the the protection Of the old trustees
and the security and welfare Of the trust fund shall require
SEC B. If the trustees removed by the order of the chan
ccor shall see m they may within twenty days appeal to the
supreme in which the application and proceedings
therein and the minutes Of the chancellor to the testimony
Ken before hm shall all pass to the supreme court ito this end
the chancellor shall take full minutes Of the testimony taken be-
fore him Upon examination Of the papers and the testmo
NY the supreme may, upon application and notice thereof
order the taking Of further testimony if they fit or may
firm the order of the chancellor and proceed
therein as equity and justice shall require The appeal the
supreme court shall not operate the trustees
continue the old in Office but the shall admin
lister the trust till otherwise ordered.
SEC L. Whenever proceedings shall have been shall be
instituted in chancey whether by trustees ccstGq8c trusts
under this act otherwise in good faith and for the benefit of
the trust fund.- the chancellor before whom such proceedings
pending may if in his Judgment he shall deem just and equ
table, order the costs and other expenses of such proceedings
to be taxed before him and be made in whole part
charge upon and be paid for of the fund that each
intended to be benefited by proceedings shall
and his fair and share of such and expenses
Approved, November 10, 1851