Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1858-12-03


CONTINUED from Fourth pagc
/ No. 43.--AN ACT IN AMENDMENT OF
AND IN ADDITION TO AN ACT En-
TITLED IAN ACT TO EXPEDITE
PROCEEDINGS IN CHANCERY,' AP-
PROVED NOV 10, 1857.
II Is hereiy enacted. &c
SEC. /. 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 a special mas
ter or masters to take the testimony. and re-
port the same to the court and said Witness
/ es shall be examined as 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 ccStri que
trust or interfering in any way with the
prompt fair and impartial discharge of the
duties of such trusts, and 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 trus-
tee ought to be removed, he shall decree his
removal, shall appoint a new trustee or truss
tees, 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 osccrtaining the debts and liabilities of the
old trustees and the payment of the same as
20 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 cxigcuccs of the case, the
protection of the old trustees and the sccu-
rty and welfare of the trust fund shall re-
quiro
SEC 3 If either parity shall sec ct. he
may. within twenty days after said order,
appeal to the Supreme Court, in which case
the application and proceedings therein. and
the minutes of the chancellor as to the tcsu-
mony taken before him, or the testimony
taken by the special master shall all pass to
the Supreme Court; upon an examination OF
= the papers and the testimony, the Supreme
Court may, upon application and notice
3 thereof order the taking of further testimony
o if they see fit. or may affirm or reverse the
~ order of the chancellor and may proccct
therein as justice and equity shall require.
% SEC. 3. When an appeal is taken by tn,
IF trustees the chancellor may, IL he see it, re-
% quirc that the appellants execute bond ir
% such sum as he shall direct with sufficient
, suretics, who shall be residents of this State
conditioned for the safe keeping and manage
10 ment of the trust property during the pen
,o dency of the appeal
SEC f. If the order of the chanceuo
' shall be to remove the said trustee or trus
M tees. and the said order shall not be appcale,
r. FROM or if appealed from, if it shall be con
d., frmed by the Supreme Court, then the sal,
p cause shall be ordered by the Supreme Cour
IN to the court in the county where said petition
Of was originally heard, for final decree, and tn
e. chancellor. before whom said cause shall
M come may, if he see fit order the new trus
in tee or trustees, before entering upon the dutie
he of his Office to file with the clerk of the cour
n in the county whore said petition shall b
pending, a bond in such sum as the chancello
M shall think proper, with at least two suffi
IT. cient sureties resident in this State, to b
M approved by such chancellor on notice an
ci hearing, with such conditions as the chance
I'd Tor may require TO protect the rights and in
me- terests Of any and all parties who may be al
ed fected by such order.
he SEC 5. Section two and three of the &C
an of which this is an amendment and additio
ID are hereby repealed.
me SEC. 6. This act shall take effect from il
passage.
Approved Nov. 25, 1858.
No. 4i.-AN ACT LAYING A TAX O,
on THE COUNTY OF WASHINGTON.
nd u as hereby enacted, &c.
led SEC, /. There is assessed tax of six cent
ne on the dollar of the list of the polls and rate
he able estate Of the inhabitants of the County
nd Washington, for the year 1858, for the pul
N, pose of paying the debts and liabilities of sal
County.
Hge SEC. ,. The Treasurer of said County is d
he rected, on or before the tenth day of Decen
aid Der AID. 1853, to issue his warrant to II
%, first constable of each town in said county f,
we the collection of said tax, in the same mann,
e. as by law state taxes are required to be co
~" lected, and it shall be the duty of said cor
re- stable to collect said tax in the manner afor
l,a1ii said.
Of Sue 3. The selectmon of the several tow
in said county shall make out and deliver
ar. the first constable of their respective town
on or before the first day Of January. Al
an 1852 tax bill for the collection of said ia
use in the same manner as is required by law f
rye the collection of state taxes.
ria. SEC. 4. The said tax shall be collected
" said constables and paid into the treasury
nry said county on or before the fifteenth day
March, AID. 1859
i've SEC, s. The money so raised shall be pa
,sR out by the treasurer of said county in pa
md ment of the debts and liabilities of said count
SEC, g. This act shall take effect from
RS passage.
Approved November %, 1858,
las No. 45.-AN ACT IN ADDITION TO A
six ACT ENTITLED IAN ACT TO Al
of THORPE THE REMOVAL OF O.
ted STRUCTlONS FROM THE MORT
md BRANCH OF ONION RIVER AND II
the TRIBUTARIES" APPROVED DECEl
Der 9TH, 1853, AND ALSO Mode
his ING CHAPTER NINETN-THREE {
the THE COMPILED STATUTES.
cd II is hereby enacted, &c.
irs. SIC l. The said act of 1858 TO viii
gal, this is in addition, shall not be construed
impair the right of any person to maintain
ris, boom across said stream, so far as may
xth consistent with the right to improve sa
at stream and its tributaries in such way as
g.. H.. u.