Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1866-12-07
Approved Nov. 10, 1866.
An act in amendment of sections thirty
three and thirty-fve of chapter seventy
two IF the General Statutes.
L. Z j.. Il

An act in amendment of sections thirty
three and thirty-five of chapter seventy
two tf the General Statutes.
Il as hereby enacted, &C.,
Sec. |. Section thirty-three of chapter
seventv-two of the General Statutes, is
amended so as TO read as follows; The
probate court may authorize guardians to
sell a part of, or all the lands Of their
wards, as shall be judged proper, includ-
ing the interest of such wards in the re-
version of the dover of the widows, or
any other interest in real estate, vested or
contingent, belonging TO such wards, in the
| following cases:
First, When the personal estate of a
ward is insufficient TO pay expenses of
maintaining such ward and his family, il
he shall have family, or of educating the
ward, being a minor, as his circumstances
may require or justify.
Second, When the personal estate of a
ward is insufficient to pay his just debts,
contracted before or subsequent TO the APP
pointment Of his guardian.
Third, When it shall appear TO the
court that it would be conducive TO the in
terest of the ward to sell the real estate
or any interest vested or contingent there
on, for the purpose of putting the proceeds
of Such sale at interest, or investing it in
stocks or in real estate.
Sec 2. Section thirty-ive of said chap
ter is amended so as to read as follows: A
deed executed by guardian, of the lands
of his ward, under such order of sale
sha be valid and effectual, TO all intent
and purposes, to convey all the interest 0
the ward in such lands either vested o
contingent.
Sec. 8. This act shall not affect an.
suit now pending, and shall take elfec
from its passage.
Approved Nov s, 1866.
An act in relation to appeals from judg
ments of Justices of the Peace in civi
cases.
u is hereby enacted, &c.
Sec. /. When party shall appeal from
the Judgment of a justice in any civil
cause, such appeal shall not operate to va
cate such judgment, but shall suspend the
same until the next stated term of the
court to which such appeal was taken, but
if such appeal shall be duly entered in the
court to which it was taken, then such
Judgment shall be vacated.
Sec. 2. If either party shall enter The
appeal in the court to which it was taken
at the next stated term thereof, the said
justice after the adjournment Of said court
may issue his execution in due form of law
in favor Of the party for whom judgment
was rendered, for the amount of such judg.
ment, with twelve per cent interest thereon
from the time of the rendition thereof, and
such proceedings shall have the same effect
as an affirmation Of the judgment to pre-
serve all liens and securities which the
plaintiff in the action appealed from nigh
have for the collection Of his debts, or the
liability of the officer serving the origina
process, or the liability of bail, receiptor;
of property, or other persons, and an ex
cution within thirty days after the adjourn
ment of the term of court to which sucl
appeal is taken shall have ihe same effec
in law to preserve liens or charge bail o.
the officer serving the writ, as though tn,
same was issued within thirty days afte
the rendition of judgment.
Sec. 3. This act shall take effect from
its passage.
Approved Nov. 10, 1866.