Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1859-12-09

AND DESIGNATED BY THE SECRETARY OF sTATI
FOR PUBLICATION ~ NEWSPAPERS.
Continued
SO. s-.N ACT in alteration Of act relating
ta- Judiciary, approved November II, 1917
Z O, 4ere5y enacted, 6rc.
C 2. sections, five, six, seven and eight Of
su act relating to the Judiciary, passed Nov mbei
ID. I~i7, hereby repealed.
~r. ,. II shall be the duty Of toe supreme
..ur 10 hear and determine all TIE causes upon
docket Of that court, at the stated terms Of the
same. far may be practicable.
See 3. When there shall not be sufficient time
ina ans county 70 near all the causes the docket
g thc supreme court in such county, OF when in
the opinion Of said court il shall be necessary to
have any causes re-argued. said court may appoint
al adjourned term in the same county tor hearing
tse same; or may appoint one or more special
terms fr the hearing of such unfinished business
and re-arCuments 10 be held at such place or
places as will, IN the judgment of aid court, be
most convenient for that purpose
Sec 4. The clerk Of the county, in which such
special term is appointed to be held, shall receive
and keen all papers OF files in relating TO, the
causes 70 be heard and tried at such term, which
shall be transmitted to him by the clerk Of the
county in which such causes may be pending, to-
,othcr with a docket Of such causes in each county
pfctiveIy; and shall make docket Of the same,
and shall act as clerk Of such court for such special
term; and shall remit such causes respectively to
the clerks Of the several counties where such causes
belong together with said papers files, and also
the docket entries made by him under the direction
Of sai Court, at said special term in each cause;
and thersup0n the Ic.arl, such causes shall be
completed by the clerks of rhe several unties
where such causes belong.
Soc. ;. The court NAV AZ any term retain any
cause for advice OF consultation, and enter judg
meut therein in vacation; and the tims for charg
in- property ~ bail in such shall be reckonei
from tie day following such entry; at which time
the party recovering judgment shall be considered
a. first entitled 10 execution on such judgment;
and it shall be the duty Of the clerk Al the time Of
making such entry to give immediate notice there
Of either personally by mail, to the respective
attorneys Of each party in such cause
Approved November 81, 1859.
No. 9.-AN ACT in addition to chapter twenty
eight Of the compiled statutes, relating to the
supreme and county courts.
II rs he7e6y enacted Sc.
Sec. l. When any person shall be in actual
confinement in Jail, by virtue Of an Indictment or
information for any crime or missemcanor, now
OF hereafter pending in the county court in any
county in this state, the supreme court held in
such county may, application in writing of
such person. stating that he desires to plead guilty
20 such indictment or information, issue order
70 the clerk Of said county court to transfer such
indictment OF information, and all pleadings which
may have been made in relation thereto, to the
files of such supreme court; and upon said ndict-
rnent information being transferred such
supreme court may receive and record plea Of
guilty. and award sentence thereon.
sec. . IT, upon Indictment information
being transferred to the supreme court as afore-
said the respondent shall plead not guilty, any
other plea upon which issue Of fact shall shall
be 0ined, such Indictment OF information, together
with all the pleadings in relation thereto with a
certificate Of the proceedings thereon shall be re-
moved to the said county court, and be there tried
in the same manner though the had not
been transferred to the supreme court.
Approved November 8 1859
No. lO.-AN ACT in amendment of section five,
chapter one hundred and fifteen Of the compiled
statutes.
j. is bsreby enacted, &c.
SIC. J. No confession Of Judgment by any
debtor, after suit commenced against him, here
after taken, shall be efectual to hold property at
tached, where the same property has been subse-
quently attached by other creditors, unless the
consent Of all subsequent attaching creditors to
such confession shall have been previously obtain
ed in writing.
Approved November 3, 1859.
No. lI.-AN ACT providing for the place Of trial
in criminal causes before justice Of the peace.
Il IS hereby enacted Sc
SEC l. An prosecutions cf criminal nature
hereafter commenced before justice Of the peace
within the jurisdiction Of such Justice to try and
determine, shall be tried in the town where the
offence was committed, OF in the town where the
respondent resides.
SEC. 2 This act shall take eject from its pas
sage.
Approved November y, 1859.
No. IAN ACT in relation to appeals in crimi-
nal causes.
Il IS hereby enacted Sc.
Sec ]. In all criminal causes commenced be
fore Justice Of the peace and appealed TO the
s,k Il Hat el.o
enter his appeal in the county court within the
time prescribed by the rules Of such court, the ap
pellee may enter the same for afirmance; and if
no good cause b. shown to the contrary, the same
shall be affirmed with additional costs.
Sec. ?. In case of the affrmance Of any judg
ment or sentence mentioned in the preceding sec
ton, the recognizance taken by such justice shall
be prosecuted in the same manner as is now pro-
yded in civil causes.
Approved November l6 1859.
No. ban ACT in addition to section twenty
Of chapter thirty-one Of the compiled statutes,
relating to process.
his hereby enacted &c.
Sec j. There shall be added to the articles
enumerated in section twenty of chapter thirty
one of the compiled statutes, railroad ties. fence
posts and rails.
Sec. 2. This act shall take effect from its pas
sage.
Approved Nov. q, 1889.
No. l4.-AN ACT in amendment Of section thirty
Of chapter thirty-one of the compiled statutes,
relating to process.
IS hsrsby enacted &c:
Sec. l. Section thirty of chapter thirty-one Of
the compiled statutes shall be amended as to
read follows:
Upon sach application made by either party TO
the officer attaching he shall give notice thereof to
all the other parties, by delivering them or their
attorneys a written notice, or by leaving the same
the house Of the usual abode of the party TO be
notified with some person of sufficient discretion
then resident therein, and If there Is no such per-
son known to such officer to be within this state
with whom he can leave such notice, then he shall
leave such notice with the person having the Gus
tody of the property the time it is attached and
shall prepare a schedule Of the goods and appoint
three disinterested persons, acquainted with the
nature aud value Of such property, to be sworn by
such oicer to the faithful discharge of their duty
as appraisers in the case, and if said appraisers
shall be satisfied that the defendant in such action
has been informed of the attachment OF said prop
erty. they shall proceed to appraise the same as
now provided by law.
Sec ? This act shall take effect from its pas
sage.
Approved October Is, 1859.
NO Is. AN ACT providing for further records
in cases of foreclosure Of the equity Of redemp
ton in lands.
his here5q enacted, &c.
Sec /. That in all cases Of the foreclosure of
the equity Of redemption in lands, either at law
in chancery, where the time Of redemption has
PRED il shall be the duty Of the party procuring
such foreclosure to cause to be recorded in the
town clerks Office where the land is situated with
in thirty days after the expiration of the time Of
redemption, copy of the decree Of such foreclo-
sure.
&C ?. Such foreclosure shall not be complete
efectual to transfer the title TO such lands,