Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1859-12-10

OlhpleT HirtN-Unc OF the Compiled statutes, Ec-
lating to Process.
IL is hereby enacted, DC:
SEC. l. Section thirty of chapter thirty-one of the
compiled statutes shall be amended read as fol-
lows,
Upon such application made by either party to the
officer attaching he shall give notice thereof to all the
other parties by delivering them their attorneys
written notice. or by leaving the at the house of
the usual abode Of the party to be notified, with
person OF sufficient discretion then resident therein
and il there is no such person 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 custody of the property at the time it is
attached and shall prepare schedule Of the goods
and appoint three disinierestcd persons acquainted
with the nature and value Of such property, to be
sworn by such officer to the faithful discharge Of their
duty appraisers in the case and f such appraisers
shall be satisfied that the defendant in such action
has been informed of the attachment of said proper
ty, they shall proceed to apprase the same, now
provided by law.
SEC. .. This act shall take effect from its passage
Approved Oct. 2S, 1859.
No. 15.-An Act Providing for Further Records in
cases of Foreclosure of the Equity of Redemption
in Lands.
II is hereby enacted, &c;
SIC. /. That in all of the foreclosure of the
equity Of redemption in lands either at law or in
chanccry, where the time of redemption has expired
its shall be the duty of the party procuring such fore
closure to TO be recorded in the town clerks
office where the land is situated within thirty days at
ter the expiration of the time of redemption, n copy
of the decree Of such foreclosure.
SEC 2. Such foreclosure shall not be complete or
efectual to transfer the title to such lands against
subsequent purchasers mortgages or attaching cred
tors unless such decree Is duly left in the town clerks
office for record required by the first section of this
act unless such decree is thereafter left for record,
as above provided, prior TO the acquiring OF any in
tercst in or lien on such lands by any purchaser,
mortgage attaching creditors and unless thus left
for record, such lands shall be subject to redemption
by subsequent purchasers, mortgages, or attaching
creditors, in the manner though the time of
redemption had not expired: Proriied that this act
shall not affect the title to any lands when foreclosure
has been obtained, and the time Of redemption has
expired, prior to the passage Of this act.
Approved November II, 1859.
No. 16.-An Act Providing for the taking of Dcposi-
tions Designed to be Used Without this State.
his hereby enacted, &c:
SEC. l. All provisions cf law for the taking Of
depositions to be used in tn courts Of this state shall
be deemed and held TO be in all respects equally np-
plcable TO the purposes Of obtaining depostions de-
signed for use in courts without this state
SEC. 2. This act shall take effect from its passage
Approved Nov. 2l, 1853.
No. 17-An Act Relating DISPOSITIONS
is hersJy enacted, &c.
SEC. /. In addition to The cases now provided by
law in which depositions may be taken and used in
evidence, the same may lc taken at any reasonable
time after suit commenced, in whatever court such
suit may be pending, while such suit is on its pas
sage from one court TO arother and when so taken,
agreeaby to the forms Of law, shall be admissible in
evidence, as in other cases now by law provided.
SEC. 2. In the caption and certificate of any dep
osition il tha be sufficient description of the time
and place of trial to describe The suit pending in
in the particular court before which the to be
heard and tried.
Approved November 81, 1859.
No. ls-An Act in Amendment of Section Fourteen,
Chapter Fortyseven Of the Compiled Statutes.
II hereby enacted, &c:
SEC. l. Section fourteen of chapter forty-seven of
the compiled statutes shall be amended to read
follows:
When a witness, whose testimony is necessary to
be used before any probate court, shall reside out Of
this state out Of the probate district in which his
testimony is to be used, by of age bodily
infrmity, shall be unable to attend in person, the
court may issue Il commission to one or more compe-
tent persons to take the testimony of such witness
and depostions taken according to the provisions OF
the law for taking deposition to be used on the trial
of civil causes, may be used the trial Of any ques
ton before the probate court, when such testimony
may be proper.
Approved November q, 1859.
No. 19.-An Act Excmpting Certain Property from
Attachment and Execution.
II is hereby enacted &c:
SEC. l. Among the articles exempt from at
ia :hmen and execution there shall in like manner be
exempt yoke of oxen steers MS the debtor may
select, with sufficient forage for keeping the same
through one winter.
SEC. g. This act shall not be construed to
apply to any attachment execution issued in
tion any contract heretofore made.
Approved November 81, 1859.
No. 2O.-An Act in Addition to Section Five Chapter
One Hundred and Ten Of the Compiled Statutes.
II is hereby enacted, &C.;
SEC. l. If any person within this state shall sell
dispose of any property. real or personal, by way
of chance; shall sell any such property and as an
inducement either directly indirectly, to such sale
shall give, furnish supply the purchaser, or any
other person, with any other property, either real o
personal to be drawn ascertaned by way Of chance
or lottery or shall in any manner by way of chance
or lottery, make the selling, furnishing giving away
of any such property be dependent, either directly
indirectly upon the purchase of any other property
he shall be punished provided in section five, chap
ter one hundred and ten of the compiled statutes.
Approved November 81 1859.
No. 21.-An Act Representing Malicious Injuries.
is hereby enacted, &c;
SEC. /. Section twenty ight of chapter one hun
dred and four Of the compiled statutes is so amende
as to read as follows:
If any person shall wilfully and maliciously AM
clandestnely cut down, grde, or in any way destro
render useless any fence fruit tree trees, on tn
land Of any private person, or m any high way o
public common, or cut down any grass, hay, corn,
other grain Of another person, or shall wfuy an
maliciously and clandestiney cut down, carry away
destroy any bars, gas rails, or fences, or shall vii
fully malciously and clandestnely cut, break, O
iniure any Sleigh coach, hack, chaise, gig, wagon,
other carriage for the conveyance of persons or sha
wfully and maciously and clandestiney cut, breal
iniure the harness of any such Sleigh coach, hacl
chaise, gig wagon, or other carriage for the convey
ance of persons, or shall wully and maliciousy an
clandcstinely injure or destroy any other gonds {
chatles the property of another, which by law Is tn
subject of larceny, every person SO offending shall
punished by Imprisonment in the state prison not MOI
than ten years. or by fine not exceeding five hundre
dollars or both of said punshments in the discreto
of the court.
SEC 2. Every justice within the county whei
he resides shall have Jurisdiction of the offences mel
toned in the preceding section, where the injury shu
not exceed seven dollars and may sentence the persc