Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1858-12-17

the south line of Stratton two miles, theme
northerly parallel with the west line {
Wardsboro', to the town of Stratton, theme
eastcrly on the line Of said Stratton to tn
town of Wardsboro' thence southcrly on tn
west line of said Wardsboro' to the place c
beginning, is hereby annexed to and made
part of the town of Stratton PrOrided tina
all the Indebtedness of the present town q
Somerset and all liabilities and indebtedness
growing out of such liabilities shall be pai
by the present town of Somerset by a tax Of
the list for the year 1858.
Approved November 2, 1858.
No. 4O.-AN ACT annexing part of tn
town of Lowell to the town of Montgom
cry.
IL is hcreby enacted, dc.
Sec. /. All the land in the town of Low
| ell, in Orleans County, lying west of the
| eastern line of lots number one, two, three
four, five, six, seven, eight, nine, ten, eleven
twelve and thirteen, in range eighteen ir
said town. is hereby annexed to the town Of
Montgomery, in the County of Franklin.
Sec. 2. This act shall take effect on the
fifteenth day of March, 1859 Prorided the
inhabitants of the town of Lowell, at their
next annual March meeting, shall vote to
at their next annual March meeting, shall
vote to receive, said land.
Approved, Nov. 5, 1853.
No. Alan ACT to correct an error in the
Grand List of the town of Brandon, and
for the relief of said town.
II is hereby enacted dc.
Sec. |. The clerks and committee appoint
ed to make up the grand list are hereby di-
rected to correct the grand list of the town
Of Brandon, in said State, so that the list
and assessment of real estate Of said town
shall agree with the appraisal and list of
real estate made by the listers of said town
as entered on their field book for 1855, and
accepted by vote of the county convention of
listers for the county Of Rutland, on the
twenty fifth day of September. 1855 Pro-
rided, that nothing herein contained shall ex-
empt said town from the payment of any
taxes imposed by reason of the eight per
cent, added by the equalizing committee OF
the legislature in 1858, to the appraisal of
all real estate in the county of Rutland.
Sec. 2. The Auditor of Accounts is here
by authorized and directed to draw an order
in favor of said town of Brandon for such
sum as said town may now be liable to pay
in State taxes in consequence of any change
made in the list Of real estate of said town
from the appraisal of said listers and vote of
acceptance by said county convention of list
ers, as described in the preceding section of
this act.
Sec. 8. This act shall take effect from its
passage.
Approved November %, 1858.
No. 42.-AN ACT in relation to Dover and
Homestead.
IL is hereby enacted, &c.
Sec. l. Section five of chapter si1ty-five of
the Compiled Statutes shall be so construed
that whenever the homestead, or any lands
including such homestead, belonging to
married man, shall have been or may hereaf-
ter be mortgaged by the joint deed of such
husband and wife, the joining IN such mort
gage. deed by the wife pursuant to said sec
tion FIVE. shall have no other effect than to
ahss bar her 59 5ght 2256rtgage 25 and shall in no wise
bar or prejudice her claim or right of dover
in the equity of redemption of the lands
and premises embraced in said mortgage.
Approved November 25, 1853.
No. 43. AN ACT in amendment of and in
addition to an act entitled " an act to ex-
pedite proceedings in Chancery," approved
Nov. 10, 1857.
II is hereby enacted, DC.
Sec. l. Upon the hearing, the petitioners
and trustees and all other witnesses, may be
examined orally before the Chancellor, or in
his discretion he may appoint special mas
ter or masters to take the testimony, and
report the same to the Court, and said wit
nesses shall be examined MS to all alleged
breaches OF trust or neglect or omission of
duty; as to the fitness and competency of
the trustees; as to their holding any other
offices or having any interests either of a
public or private nature, inconsistent in any
way with the true interests of the cestri que
trust or interfering in any way with the
prompt, fair and impartial discharge of the
duties of such trusts, and as to all circum-
stances or conduct of the trustees, which
render it improper for the interests of the
trust to continue them in Office. If, upon
the hearing, the Chancellor finds that such
trustee ought to be removed, he shall decree
his removal, shall appoint new trustee or
trustees, and shall make such orders and
DEGREES as to the transfer and conveyance of the
trust property from the old to the new trustees,
as to ascertaning the debts and liabilities of
the old trustees and the payment of the same,
as to the future management of the trust and
the accounting thereon, and generally as to
all other matters and things connected with
such trust, as the exigencies of the case,
the protection of the old trustees and the
security and welfare of the trust fund shall
require.
Sec. 2. If either party shall see fit, he may,
within twenty days after said order, appeal
to the Supreme Court, in which case the ap-
plcation and proceedings therein, and the
minutes of the chancellor as to the testimony
s.lra LA(. l. 1
the special master, shall all pass to the Su-
preme Court; upon an examination of the
papers and the testimony, the Supreme Court
may, upon application and notice thereof or
der the taking of further testimony if they
seeiit, or may affirm or reverse the order ol
the chancellor, and may proceed therein a.
justice and equity shall require.
Sec 3. When an appeal is taken by the
trustees, the chancellor may, if no fit, re-
quire that the appellants execute bond il
such sum as he shall direct, with sufficient
sureties, who shall be residents of this State
conditioned for the safe keeping and manage
ment of the trust property during the pen
dency of the appeal.
| Sec. 4. If the order of the chancellor shal
be to remove the said trustee or trustees, ant
the said order shall not be appealed from, Of
if appealed from, if it shall be confirmed b,
the Supreme Court, then the said cause shall
be ordered by the Supreme Court to tn,
court in the county where said petition wa
originally heard, for final decree, and tn
chancellor before whom said cause shal
come, may, if he see fit, order the new trus
tee or trustees, before entering upon the du
ties of his Office, to file with the clerk of tn
court in the county where said petition shal
be pending, bond in such sum as the chan