Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1881-01-07

of being found intoxicated or oil ln'oXicaton, II ihe
court before whom the conviction Is had shall con-
slider II advisable 10 put the respondent upon his
good behavior, sGch court may delay Issuing mt
| linus against such respondent for such length OF
time rs such court shall consider for the best good
of the public and the Respondent AMI IL such court
shall thereafter consider that the pubic good or tue
well being Of the respondent requires, he may issue
a miitlmus for the commitment OF such respondent
and the mttlmuS ISSUED shall have all the force
and he subject to hT same provisions as II issued
vsthiu twenty-fnur hours after the time Of cOnvic
ton, provided that such mittimus shall not Issue
unless issued within two years from such cohvic-
1 tion-
| sage.
Approved Dec. i. lS,a.
No. IAN act to amend an act providing for the
hearing OF application for pardon
II is hereby enacted, etc:
Sec /. Section Of number seventy-nve of the
Of sss is hereby amended 50 as To read as fol-
lows:
| When person In confinement under sentence,
for term of one gear more in the State Prison
or House of Correction, applies 10 the Governor ior
pardon the application shall be in writing, stating
| in substance the reason for such application. When
SO applied to- the Governor. If in his opinion the
reasons given would IL proved true constitute suif
| cent cause for granting the pardon, shall within
| reasonable time designate time and place when
| and where he will hear the application, and cause
notice of the application and of such time and place
| to be gwen to the applicant and TO the States At
torn, for the county IN which the applicant was
| conv tied and sentenced.
Sec ,. This act shall take effect from its pas.
| sage.
Approved Dec. 81, lisa.
| No. lS-An act simplifying Indictments ior murder
| and manslaughter.
| II Is hereby enacted, etc:
Sec. /. In any Indictment for murder or man.
slaughter II shall not be necessary to set forth the
manner in which or the means by which the death
OF the deceased was caused hut shall he sufficient
in any indictment for murder TO charge that the de-
PENDANT did feloniousy, wllfully and of his malice
aforethougnt Kill and murder the deceased and II
fsha he sufficient IN any indictment for mansaugh-
ter to charge that the defendant did feloniously Kill
| AMI STAY the deceased
| Sec. =. Under an Indictment for murder the de-
PENDANT may be convicted of murder of the first de-
| gree, murder OF the second degree, or of man
| slaughter, As the case may be upon the proofs.
Approved Oct. -, lsso.
No. Ip-An act to prevent justice from being de-
feaied by clerical or verbal Inaccuracies In in
dictments for forgery or counterfcting.
| II is hereby enacted, etc:
In prosecutions for forgery or counterfeitng and
in prosecutions for uitering and publishing as true
any instrument. document paper which may be
| the subject of the oiiense of forgery counter
feitng II shall he sufficient in the complaint, ill.,
| formation or indictment 10 describe such instr
ment, document or paper hy any name or designa-
| ton by which the same may be usually KNOWN or
by the purport thereof, without setting out copy
fac sinile thereof, or otherwise describing the
same, or the value thereof, and the case shall
be affected by any misnaming of such instrument.
| document or paper, provided the same shall be 50
set forth as chat may appear, from the description
given, TO be- any one Of the Instruments documents
papers, which Ii made the subject OF the onensc
| of forgery or counierfeiting.
Approved Dec 10. l>>b.
No. 20-An act relating To recognizances IN crim-
nal prosecutions.
| II Is hereby enacted, etc:
Sec. l. When a recogniZance in a criminal prose-
cution pending IN the supreme county court, Is
forfeited for breach of the condition. the suretes
may. at the term OF the court at which such recog
nzance is forfeited, Tile motion to CHANGER, and
the court, 2lless cause Is shown for delay, shall
hear the pfies upOn the motion 10 CHANGER ut that
| term and render Judgment thereon and the sure
ties may pay 10 the rrrk OF the court the sum liked
| by she Judgment, aud the shall be accounted
| for as though Il suit had been brought on such re-
| cognizance and recovery of judgment had there
/ on.
Sec o Number twcnty-one OF the acts OF Is6s. and
number eSven OF the acts of l,6s. are hereby re-
| peaed.
Sec g. When a rcc0snzance In a criminal prose-
cution Is forfeited IN the supreme court, sire
tdcids thereon may Re brought IN the county court
IN the county IN which tae recosnizance was for
| feted.
Sec. 1. This act shall take effect from s pas
! sage.
approved Dec. To- l>S1
No. elAn ar; relating 10 the continuance OF cases
10 The general term OF the Supreme court.
| II Is hereby enacted, etc:
See. /. When the parties 10 any suit pending III
the respective county supreme courts agree IN
writing tina, such cause shall be continued 10 the
then next general term Of the supreme court such
county supreme court shall make the necessary or
der 10 carry such agreement into effect provided
that this act shall not De construed a. TO prevent
the respective county supreme courts from con-
tinung any suit therein r''.'iins 10 such general
| term.
Sec. ?. This act shall take effect from its pas
sage.
Approved D2c ~ lSsl.
No. 22-An &c; relating 10 change OF Venue in crlm
inal causes.
| 1t Is hereby enacted, etc.
| Sec. l. When person is under information or in
dctment for an u;fcnse punishable by death or In
prlsonment in the State Prison the respondent or
the States Attorney Of the county where the prose-
cutlon is pending NAV apply 10 Judge of the SUI
| spondent may he removed 10 and had in another
county.
See . II such respondent has given bail and Is at
liberty ut the time the application for removal Is
made the judge 10 whom the application is prefer
red, II In his opinion the same is proper 10 be grant
ed, shall before making ths order Of removal. Issue
a warrant commanding that such respondent be ap-
| pretended and committed to the jail OF the county
In which the prosecution IL pending. Upon the
commitment OF such respondent the bail shall be
discharged, II such commitment Is made previous
TO the term OF the court at which such respondent
was recognized TO appear.
Sec. ). When the respondent Is in custody at the
time the application made when, having been
| al liberty, he has been apprehended and committed
rs provided III section two the judge To whom the
application Is preferred NAV IN his discretion, by
order In writing direct that the irial OF such per-
son be removed 10 ani had in some other county
named. AMI such oI'itr shall he nled with the
clerk Of the county court of the county In which
such respondent was indicted or informed against.
Sec. 1. The judge making the order Of removal
may II the onense charged Is hallable, take rec
ognizance with sufficient surety Of such respond
ent, conditioned for the personal appearance OF
such respondent before the court which his trial
| Is ordered 10 he had
| Sec 5. II The respondent is in custody, from
failure 10 find The required bonds or otherwise, or
If the oiiense Is not b.taDlc or II having entered
into recognizance To appear he Is again apprehend-
ed and committed AT the request oil his ball, the
judge making tie ur,:r: 90 r.i;ip:al shall previous
10 the next term OF the culTt which the respOnd-
ent Is orleSed 10 he tined, Issue an order in writing
TO the sheriff OF the county III which such respond
ent Is confined, commanding him 10 deliver such
respondent To the Keeper OF the JAIL IN the county
| in which the trial II ordered To he had.
Sec. 6. Such sheriff shall forthwith remove and
deliver such respondent directed IN inc order,
ami shall leave II copy OF the order with his return
thereon with the keeper p the jail To which the re-
spondenf Is committed; AMI he shall return the
original order with his doinrs Endorsed thereon 10
the clerk OF the county court N the county IN which
such respondent WAS indicted or informed against.
Sec. :. such clerk upon receiving such order and
return shall forthwith transmit the same together
with the other papers In the including tine or
der vi removal 10 the clerk - the county court IN
The county in which the trla Is ordered 10 he had
and thereupOn said shall have Jurisdiction of
the case, and .he same proceedings shall he had
therein, as though such uiIcnse hal been commit
ted IN said county
See. s. The States Attorney of the county In
which the respondent wAi INDICTED or Informed
against shall appear IN behalf OF the State nj the
trial OF SUCH respondent :" whatever county re,
moved, and IN n proceeding, relating 10 suchtri
shall have the same powers and duties and be sub
jcct To the same liabilities though such trial were
had III the county for " hich he Is attorney.
Sec. ., Section one of number one Of the acts of
| the special session Of l-f5 T.. hereby repealed.
Sec. 10. This act sdIll take effect from Its pas
| sage.
Approved De. ., lS,o.
No. -. An Act in ainendment nf number sixty
four 81 the acts "t I-'G, relating tn appeals from
Justices OF the peace.
| II is hereby enacted, eIc:
Sec !. An appeal from the Judgment of a JUS
lice In civi can'e. 10 TIM county court, may he
taken by either party II c!Limei within Two hours
after the rendition thereof uUt no appeal shall he
allow Ell In the following c:IScl
! l. When Judgment Is rendered by nonsut or de-
fault.
H. In actions on noics luI accounts stated. not
exceeding iorty dollars ~ amount tut an appeal
shall be allowed party In action on note or ac
count stated, when the al dl3HUii exceeds twenty
! dollars, who makes AFFIDAVIT before the court SET
ting forth that he has good defence,
Ill. When neither the at d.ninuDI IN the plain
| TN 5 writ nor the sum Il ,manIed 10y the dcclnra-
ton. nor the amount claimed or balance due as
shown by the specifications or exhibits of the plain
TN on trial exceed twenty dollars excepting
tons by che town AZ inst another for the support
of paupcrs, actions for lar or penalty, actions Of
| trespiss on the freehold. actions where the de
fcudant pleads in Offset, IN good flith, demands eX
rcc,ilnE twenty dollars: actions where The defend
ant, In good faith, pleads The authority al court
civil or military, In excuse or Justification. actions
where the defendant. III good faith, pleads IN cx-
cuse or Justification mat he WAS acting as "a public
officer; actions where laN ~ iaN-bll. or warrant
Is, IN good FAITH put IN Issue hs the plcalings OF hy
the proof actiuns fpr the recovery OF a suhscriI-
ton 10 the capital stock OF u corporation.
sec. = No Judgment ut a Justice III cases whore
an appeal Is not al'owe'l SHAH hr an cstOppe upon
any question or matters Mt therein expressly AL
lurited, and right NJ recovery shall thereby be
established upon any collateral matter
Sec. !. M appeal shall h. allowed In a criminal
cause where the respondent ~ acquitted; hut the
respondent may appeal from any Judgment or SEN
tencc uf justice against hlia II the appeal Is
claimed within tw" hours aitcr the rendition OF
judgment.
Sec. l. Number slNiy-lour OF the act. of 1915,
and section sNtv-thrcc oil chapter thity-Iwn of thu.
General Statutes relating L. appeals from Justices
OF the peace are hereby repeated
Approved Dee. IS, l~7ii.
No. I.-An act to amend section Two OF an act en-
Titled AN act relating Ia court expenses nnd To
criminal prosecutions approved November -,
ISIS.
| II Is hereby enacted. etc.
| Sec. |. Thai ~ murn OF section two OF an act
entitled IAN act relating /" court expenses and 10
criminal prosecutions, approved Sovrinl,"r -,
ISIS, ~ requires the prIsa asking for special AL
thDrizitIon 10 serve prncc4 vrufy his statement
by oath Is hereby Repealed
See. = This act shall take eject from IL pas
sage.
Approved October ~ Is-i
No. e6. An Act regulating the services oi sub