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


with and the same proceedings hal as If notice hat
| been given. -
Sec. 20. The fee to be paid 10 the judges of Al
nsovent court for copies OF all papers required by
Law to be furnished shall be seven cents folio.
Sec. 81. Section eighty -pme of said act Is hereby
amended so as to read Is follows:
| prior 10 the third meeting of the creditors the
court shall order the assignee 10 file his accounts
| In the court of insolvency preparatory 10 ina
| dividend. AMI notice Of such ding shall be given
| by the register in the notice calling such third
| meeting Of creditors. Al the third meeting of the
! creditors at special meeting duly notified, the
| judge Shall audit and pass the accounts OF the
assignee; and the assignee shall II required by the
court, he examined rs TO the truth OF such account
and II found correct he shall thereupon be dis
charged from liability assignee 10 the creditors
! of the insolvent debtors.
The judge shall thereupon order a dividend OF
the estate and effects remaining undivided, or such
part thereof as he sees Mt, among such creditors as
have proved their claims, in proportion TO the re-
spectve amount of their said debts.
In the order for dividends under this chapter the
following claims shall be entitled TO priority or pref
erence and be paid in the following order:
First The fees. COSTS and expenses of suits and
| the several proceedings in insolvency under this
chapter. and for the care ami custody of properly
| Is herein provided
Second. Debts due the United States, and taxes
| and assessments made under the laws thereof.
Third All debts due the State, and taxes and
assessments under the laws thereof.
Fourth Wages due any employe, clerk. or
4euse servant, 10 an amount not exceeding Nifty
Sec. %. Section ninety-one of said act is hereby
amended so as TO read as follows:
person residing in this State, and owing debts
10 amount exceeding three hundred dollars, who
departs from the State with intent TO defraud his
creditors being absent with such intent remains
absent, or conceals himself 20 avoid the service Of
legal process in any action for the recovery OF
debt or demand provable under this chapter; or
conceals or removes any of his property 10 avoid
Its being attached taken or sequestred on Legal
process, makes an assignment, gift, sale, con-
veyance, transfer Of his estate. property, rights,
or credits, either within the State or elsewhere,
with intent to defraud or hinder his creditors; or
who has been arrested and held in custody under
or-by virtue OF mesne process or execution issued
out Of the court of any State within which such
debtor has property, founded upon demand In
Its nature provabe against an insolvent debtors
estate under this chapter, and for sum exceeding
one hundred dollars, and such process Is remaining
In force, and NOT discharged By the laws OF the
State applicable thereto for period OF twenty
days; or who II his goods or estate are at
tached on mesne trustee process, on a cause of
action founded on conract,for the sum OF one hun
dred dollars or upwards, has not within twenty
days from the time OF making such attacnmedt dis
or given security therei sr Il such goods chat
tells, or estate have been levied upon and taken by
virtue of an execution issued in civil action
founded on contract 10 an amount exceeding one
hundred dollars has not, within seven days after
said levy Is made, dissolved the same by payment
or otherwise; or who being insolvent, or in con-
temptation of Insolvency, makes payment. gift,
grant, sale, conveyance, Of money or other prop
erty estate, rights, credits, or confesses judg
ment, or procures his property TO be taken on legal
process with intent TO give preference 10 one or
more OF MS CreultDrs or 10 person WHO Is OF may
be liable for him as indorser bail. surely other
wise with intent by such disposition of his prop
erty 10 defeat delay the operations of this chap
ter; or who, being banker, broker. merchant.
trader, manufacturer or miner, has fraudulenty
stopped payment or, who. being banker broker,
merchant trader manufacturer, miner has stopped
suspended, aud not resumed payment of his
commercial paper within period OF fourteen days,
shall ne deemed TO have committed an act OF insol-
Sency, and subject 10 the conditions hereinafter
prescribed. shall or may he adjudged an insolveni
debtor upon the petition OF any OF his creditors
whose claims, provable against his estate, amount
TO the sum Of two hundred and nifty dollars
Such creditors may within ninety days thereafter
apply TO the judge in the district where such debtor
resides or If removed from the State in the district
where he last resided, setting forth the facts and
the nature Of such claims verified by oath, and
praying that the estate of such debtor may be
seized and distributed according 10 the provisions
Of this chapter.
The Judge after notice of said petition given TO
the debtor by copy thereof served upon him person.
ally left his last and Usual place of abode. stat
ing the time and place of hearing therein, which
shall be az least days after service thereof and
after hearing before him Of the petitioner and the
debtor, II the debtor does not appear III pursu-
OF said nctice, If the facts set forth in the pet
ton appear to be true and founded upon just cause
shall forthwith make All adjudication OF Insolvency
Of said debtor.
Upon making such adjudication the judge shall
forthwith order said debtor TO file with the register,
within six days thereafter true schedules of his
creditors assets and Indebtedness, as required by
the provisions of this chapter In cases Of adJudca
lion Of insolvency upon a debtors petition, and
In case the debtor is without the State and has no
place Of abode therein. notice may be given credit
ors and the first meeting called by publication only,
in such manner as the judge directs,
In case the adjudication of insolvency Is denied,
prayed Ina creditors petition, the petitioner shall
be allowed his costs, taxed for attendance of HIM
self and witnesses, as In trials Of causes IN the coun
~ court,
county court from the decision OF the Judge upon
the question of the insolvency Of the debtor, is
provided in this chapter for appeals from the lind
ing OF the judge to the county court.
Sec. p. All the acts and services rendered 10 be
perbrmed by tue register shall be valid II perform
ed by the judge.
Sec ~ Section IS of said act Is amended 50 as 10
read as follows:
A discharge shall no, be granted to a debtor,
either upon voluntary or involuntary proceedings,
whose assets are not equal 10 thirty per cent Of the
claims proved against his estate, unless the assent
in writing of a majority in number and amount of
his creditors who have proved their debts claims
Ia ned in the case at or before the third meeting of
creditors. or at such other time Us the court shall
then order.
Sec IS Section 81 OF said act Is amended so as TO
read rs follows:
When discharge IL refused debtor for the rea-
son that the assent OF the requisite majority of his
creditors has not seasonably been obtained He'd
or for the reason that the debtor BIAS not taken the
oath TO be taken al the second meeting OF the cred
made within twelve months after the third meeting
Of creditors upon ding in court written consent
ef a majority In number and value of the creditors
who have proved their Claims may grant his dis
charge II he proves 10 the satisfaction Of the judge
on hearing had after public notice OF such applica
ton, that the failure TO obtain or Tile the assent was
occasiOned by accident or mistake, and by no fault
OF his own, or thar the omission 10 take the oath
was owing to his Inability by reason of sickness, 10
attend and take the same, and II he is then present
aud takes the oath required and abides and per-
forms all lawful orders Of the court.
Approved December "A, 1850.
No. Am act relating. to the Vermont Reform
School and children ordered 10 he confined there
/, Is hereby enacted, etc:
Sec. l. When 4 child under the age OF twelve
years Is brought before justice Of the peace,
charged with an onense, not punishable by death,
such justice shall not put such child TO plead or
proceed 10 hearing OF the cause until he has given
notice OF the time and place of the trial or hearing
TO the nrst selectman OF the town In which the child
resides, Or If the child has residence in the State
TO the hrst selectman Of the town in which the trial
or hearing Is TO be had.
Sec l. The selectmap so notin ed shall attend at
the trial or " such selectnan Is unable TO attend
or II he Is related within the fourth degree of con-
sangunity affinity 20 the child II for any
son the Justice shall be Of opinion that he should
not he allowed 10 act In the case said Justice shall
notify and require The attendance 4 some other
teresred and qualified TO act tn the cause. And the
selectnan notified and approved by the justice shall
appear al the trial or hearing; and II else Is
present 10 act As friend and guardian, such select
shall act as friend and guardian OF the child
against whom the proceedings are had.
Sec. }. II the child Is convicted or bound
and one appears TO become bail for appeal
for such child5 appearance al the county court,
and the offense Is such that the child Will he
mttcd to the reform school or county Jail for fall
TO furnish ball. the seectfian designated by the
Justice to act rs guardian and friend OF the child
shall. II In his opinion is not for the good Of the
child TO he imprisoned, deliver TO the justice writ
ten statement 10 that effect; and the Justice shall
thereypon order stay of all further proceedings
agaiI, the child and shall deliver the child into the
custody Of such selectman.
Nee. 4. The seectman to whom the child Is so
delivered shall ind good home for the child and
chi Ia. nla
men may bind 10y contract the town In which such
child last resided prior To the proceedings had
against such child, 10 pay the person taking the
child The same sum per week while such child Is
under fourteen years Of age that such town would
be required by law 10 pay the trustees Of The re
form school toward the maintenance Of such child
n such child were confined In Said reform school.
And II shch child has settlement In the State the
/ town paying such sums may recover the sum pad
Of the town where the child has legal settlement.
Sec s. II the selectman at tim: within
year after the child Is delivered into his custody be
comes OF opinion That 1t Will be for the hest good Of
snch child 10 be Imprisoned he shall make a state
ment 10 that effect Ia writing and deliver to the
| justice before whom the proceedings were had
| against such child and when the selsctman has
delivered such written statement 10 the Justice the
original judgment decision 81 the justice shall be
enforced against such child az provided In the fol-
lowing section.
Sec c. II the original Judgment was that the
child should be bound over for trial, the Justice
shall bind such child over for trial TO the next term
| Of the county court and shall commit the chill
| forthwith 10 the reform school 10 await such trial
| And II the Original proceedings against The child
| were for an onense within the jurisdiction of th'
Justice TO try and determine OF which oflense the
child convicted, the Justice shall sentence IN,
child ~ II there had been stay of proceedings
and shall issue his warrant forthwith to carry The
sentence into effect.
Sec I II such selectman does not within yea
from the original judgment OF decision apply Il
the Justice TO have the same enforced, no fnrthe
proceedings shall At any time be had agalns
such child because OF such original Judgment u
decision.
Sec. 5. II the selectman designated by the JUS
tlCe To tnke charge Of the case. dies or remove
from town or resigns the ONCE Of selectman, Will
any duties remain unperformei which such select
man might have been called upon to perform unde
this act, then the seectmen of the town shall chuo@
some other OF their number 10 perform such tlutie
and exercise whatever discretion would have beel
allowed to such nrst mentioned selectIuan, IN tn
case.
Sec. .. A selectman snail receive one dollar an
fifty cents day for all time necessarily spent u
the discharge Of his duties under the preceding
sections, and his expenses 10 be paid by the Tor"
} where the child resides.
J Sec 10. Children hereafter sent 10 the reform
school shall be treated ~ on probation until sue
time a. inquiry into the cause Of their commitment
and the previous character of the child shall shON
whether a long detention Is necessary only
transfer from former bad influence 10 goo
= home.