Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1878-11-01
II o L T.,

THURSDAY, Oct. "A. ISIS.
Third reading II 31. providing for mortgages Of
persopal property; read third time.
Mr. Camp OF Newport said If this act was only for
| the benefit q! the debtor class, be should have
less objection to il but he thought 1t would
weaken credit, and prove nd injury to the poorer
Mr. sprague of Brandon moved that the words
thirty days from" in the fourteenth section, be
| stricken out and IN the same section provide that
| the property may be sold on three days notice.
! Mr. Howe OF Ludlow approved the amendment
MrSpiague would do nothing to injure the credit
OF the poor man, but believed this bill would help
| and not injure poor creditors.
! Dlr Poland o. st Johnsbury, stated the views of
the committee in regard TO this bill. The bill was
| copied almost exactly like the New Hampshire law
emitting certain penal sections in regard to remort-
! ssgng property, which the committee had inserted
| by amendment He thought the law had worked
well in New Hampshire and in New York, as we'll
| as in other States and he believed 1t would work
well here. Property mOrtgaged in New Hampshire
New York can be brought into this State and sold
with impunity; and it would place US in unison
| with other States. He could see no more chance
| for frauds under this law than under the law for
| the mortgage OF realty.
Mr. Harrington of Halifax. favored the bill.
The bill was further discussed by Mr Beede OF
Maidstone: Mr Poland of st Johnsbury, Mr. Howe of
Ludlow Mr. Waterman Of johnson, (who regarded
the bill in the interest of sharpers and appres-
| sivc to the poor debtors) Mr. Brown of Benson MIR
Thomas OF Lunenburgb, Mr. Rowell of Albany, Mr.
Collins of Barton, Air Redington Of Rutland, who
moved that the bill be ordered to lie and be made
the special order for to morrow morning ut half
past ten O'CLOCK Which motion was disagreed to.
Mr. Camp Newport opposed the motion to strike
OUT tnS rorus ,..,.y dIs frnm."
him like twin brother OF the old "grab law" and
moved the bill be dismissed. On the question OF
dismissal, Mr. Eaton OF Danville demanded the yeas
and nays.
Mr. emalley OF Burllpgto opposed the motion to
dismiss, opp sed the amendment proposed by Mr.
Sprague, and favored the passage OF the bill.
The bill was further discussed bv Mr. Hubbard of
Plymouth. and Dir Waterman OF johnson demand
ed the previous question, which seconded by
the House and tne main question was then put,
"sh all the bill be disms sed " and it was decided in
the negative ayes 10. nays I19. Pending the
question on the adoption OF the amentment to
strike out the words thirty days irom,' the House
adj J1urned.
II q. providing for mortgages o. personal prop.
erty was taken up unfinished business
Mr. Sprague OF Brandon asked the unanimous
consent OF the Htuse 10 withdraw his proposed
amendments. which was granted, and the amend
ments were withdrawn.
MIR Howe OF Ludlow moved to amend so that In
case OF the mortssging Of growing crops by any
married person. the consent Of the husband or wife
shall bs obtained in writing and ackn led ged be-
fore magistrate duly authorized to take scknow-
Judgement OF deeds, at the time of making the
mortgase or notes, before such mortgage shall be
valid.
Mr. Bingham of Essex moved to amend the
amendment so as to include also personal property
now exempt from attachment.
Mr. Poland of st JOhnshury said man has an un |
limtei power to sell his property without consent.
and 1t would be an incongrulty now to prevent his
mortgasins the property without the consent Of he
vile. lie could not see the necessity or the pro-
priety ui the amendment
The amendment to the amendment. proposed by |
MT bingham was then agreed tO-ayes lOj, nays |
81.
The question then recurring upon the amendment |
proposed by Mr.. Howe of Ludlow, as amended by |
motion Of Mr Bingham
MIR Howe explained briefly that the object OF his |
amendment WAS to prevent the husband from mort |
gaging his growing crops without the consent OF |
growing crops without the consent of her husband,
bott made in writing at the time OF making the
mortgage.
Mr. Redington of Rutland, said he thought the
amendment we have adopted killed the bill, or
destruy led Its efficacy.
Mr. Sma LEY of burlington, said he did not agree
With Mr. Remington TO the effect the anne ndment.
We have tai away none OF the rights OF any man
as 10 the sale O his property. ant have only re-
quiret the consent Of the wife to the mort gage OF
the growing crops Of the husband,
Pending the consideration OF the amendme the
Senate appeared in the Representatives Hall for
Joint Assembly,
The Senate and House OF Representatives, appear
ed in Joint Assembly in the Hall of the House of
the purpose OF electir Chief Justice and six As
slsiant Judges OF the supreme cOur, His Honor
Cotton. President of the Senate in the chair and
Hon. George Nichols. Secretary OF State. clerk.
For Chief Justice OF tee Supreme Court .Mr Poland
Of st JUhnsbury, nominated John Perpoint OF Yer
gennc-, seconded by senator Ballard OF Chittenden
|
NO other nomination being made
Jons PIERroINr, OF verseunes.
duly elected to that office for the two years next
ensuing, by viva yoce vote
For First Assistant Judge Of the supreme Court,
Senator Deane Of " lndsor county nominated James
Barrett Of Woodstock. seconded by Mr. Pollard of
Windsor, shereupon there being 10 other nomns-
tJn,
JAMES BARRETT Of Woodstock,
was duly elected to that office FOR the two years
NEXT ensuing by a viva voce vote.
For Second Assistant Judge Of the Supreme Court
Senator Sowles of Franklin county, nominated
Homer f Royce OF st Alhans, seconded by Mr.
smallcy of burlington; whereupon there being no
other nomination,
HOVER E. RorcE OF st. Albans.
was duly elected that office for the two years next
ensuing. by n viva yOce vote.
For Thiri Assistant Iud ge of the Supreme Court |
Senator Dillingham; of Washington county nomin
ated Timothy Redfcld o. Montpelier seconded by
Mr Iiuss Of Montpelier; whereul.on other nomin-
alton being made,
TnIMornY 7. REpFIELD Of Montpelier.
Was duly elected to that Office for the two years
next ensuing, by u viva vUcr vote.
For Fourth Assistant j uds se Of the Supreme Court |
Senator Belden Of Caledonia county. nominated
Ross Of 81 Johnshury, seconded by Mr.
Eaton OF Ddnville, whrrcupon no other nomination |
berg made,
JoNATu.s Ross Of ST. Johnsbury,
wa, duly elected to that office for the two years
next ensuing by a viva vuce vote
t"r fifth Assistant Judge of the supreme Court.
Senator Parker OF Lamoille county, nominated II. |
Henry Powers OF Morrisville, seconded by MIR
Binghsm e. tssex. whrreupon no other nomna ,
ton being i..ale,
II llENHY POWER # Morrisyllle,
Was duly elected to that fire for two years next
ensuing hy viva yOco vote.
For sixth Assistant Judge ct the supreme Court !
Senator Urmsbee Of Rutland county, nominated
Walter G. buntOn, seconded by MIR Sprsgue OF Bran :
don and Senator MunsUn of Btnninst ton county;
" he: euron no other nomination being made
WALTER DUsIOSo of Rutland,
was duly elected to that office for the two Years
neat ensuing, by viva voce vuts. q
The JOINT Assembly having concluded the bust Il
ness for which II was convened, the same was
iissoly ed AMI the Senate Withdrew. I
The House then resumed consideration o. II r., v
providing Tor mort cages o personal property tho
question hctng on the adoption of the amendment
proposed by MIR Howe OF Ludlow.
MIR Poland OF ST JohnsbuTy said that iuasmuch a. Q
he growing crops are part of the realty. aud We
require the wife To JON IN ging realty where
hrro is II homestead right It was we'll TO make q
-ume such rrstuciion.
MIR ilolbruok Of Milton opposed the hill as being c
let mental to The interests OF the farming portion
II the state. II will enable the poor lahOrng man 4
Ia mortgage his growing crops tu some merchant or
M nuincturer and leave the man and his family a a
'hRrgr upon the town and so increase our taxation
Mr. Howe ri Ludlow then proposed to change his v
position Of amendment. So as To restrict IL to
married. man instead any married person. which Il
was creed To.
MIR Aldrich OF Shire xsbury, opposed the bill and a
Mr. Brown o, Benson favored the bill. I
Mr. Broohn Of Shoreham, demanded the previous