Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1882-12-18


tent to kill injure another person, or wilfully
Ike intent. shalt be imprisoned in the state prison
OF more than twenty years. G
Approved November 49, 1882. ID
10. sl-An act in amendment of chapter 100 of the
t u.s. is hereby lsrs enacted, ETC.: 5
amended so az to read follows, viz: "a per-
SON who wilfully and maliciously burns the
owned by another or outbuiding adjoining there
to, or wilfuly and mallciously burns any other
ing house or outbuildings, shall be imprisoned in
The state prison Tor life or for shorter term in the
SEC 2. section 4l27 of revised laws is hereby +
amended SO as to read as follows, viz: "a per-
dwelling mouse Of another, or to a dwelling house
owned by another, or outbuidlng adjoining, or
to any other hnag with the intent Of burning
and maliciously sets fire to combustible matter
within or in immediate contact with such dwelling
such dwelling and outbuildings, and thereby ex-
poses the same to be burned, shall be punished as
Approved Nov Is, 1852.
No. SAN act in amendment of, andin addition
to. section ys7 of the revised laws of Vermont, |
relating to the reference OF causes.
1t is hereby enacted, etc
SIC. Section 9s7 of the revised laws of ver-
mont is hereby amended as to read as follows:
The county court may when the parties agree
thereto, appoint not more than three referees to
try any case except actions of account and of book
account pending IN the court; and such referee
or referees may appoint a time and place for the
trial of such case and give notice thereof, as pro-
mont; and shall have the same power to order the
production OF books and papers, at any time
Remds ae su whien auditors have under sec
SEC. 2. This act shall take effect from its pas
Approved Nov %, 1882
No. SO An act for the curing of informal defects
1t is hereby enacted. etc:
shall be deemed invalid nor shall the trial, judg-
ment or other proceedings thereon be affected by
record,' or of the words " with force and arms
Ior the insertion OF the words " against the form
form of the statutes,'' or vice versa nor Tor the
omission of such words; nor for emitting to state
Inc tme at which Inc onense wa WAS committed IN
ofense; nor for stating the time imperfectly, or
upon day in the iutare, or upon an impossible
day, or day that never happened; nor for want Of
proper or perfect venue where 1t shall appear by
The complaint, information or indictment that the
court has jurisdiction over the ofense.
SEC 2. ii on the trial of anv complaint, inform
alton or Indictment there shall appear to be any
variance between the averments and the evidence
offered IN proof thereof in the name description
OF any place mentioned therein, or of any person
therein alleged TO be the owner OF any property
which SHAH form the subject OF any offense charged
therein, or which shall be alleged therein, to
be injured, or damaged, or intended to lie injured
or damaged by the commission of such ofense
or in the christian name or surname, or both
christian name and surname, other descrip-
ton of any person therein named or described
or in the name or description of any matter OIL
thing whatsoever therein named described
the court before whom such trial may be had
: if it shall consider such variance not materla
to the merits of the case a,d that the defendant
cannot be prejudlced thereby in his defense upor
such merits, may order such complaint information
or indictment to be amended according to thu
) the complaints information or Indictment wherein
such variance occurs, on such terms. as to post
ponement OF the trial. as the court shall thinl
reasonable; and after such amendment the tria
shall proceed in tue same manner and with tn
E same consequences as If no such variance ha,
SEQ 3. This act shall take effect from its passage
! Approved November %, 1882.
9 No. s7.-An act in relation to recogniznces Il
. criminal causes.
I 1t is hereby enacted, ETC.:
e SEC. l. Whenever respondent in crimins
: prosecution, alter convection In the county cour
and after going at large upon bail for his appear
i ance before the supreme court. shall forfeit hl
n bail, the supreme court shall render judgmen
; that the bonds are forfeited and shall also ad
o judge that the respondent has waived his excer
6 lions, and shall order the cause to be remande
10 the county court for sentence or such turtle
e proceedings as the law requires.
II Approved Nov %, 1882.
S thrty-nine and eight hundred forty of chapte
e torty-six of the revised laws of Vermont.
IS 1t is he reby enacted, ETC.:
) SEC. /. Section SO of chapter 4s of the revise
laws of Vermont shall be SO amended as to read a
When suit is pending before Justice VIII
e dies removes from the state. or whose term
Office expires before the trial of the action, or
otherwise disqualified by law to try said cause an
n other justice whom the plaintiff may select, VIII
a may judge between the parties may upon proc
h of such cecease, removal, expiration OF term, o
other legal disqualification take cognizance of sue
e suit and hear and determine the same and rende
judgment thereon If he had signed the writ orig
If Inay, and such Judgment shall bind the parties
If preserve hens and charge bail the 1t ha
been rendered by the justice who signed the wri
,r Provided, however that such substitution of tn
h justice snail be without additional expense til
e defendant IN such action.
SEC. 2. Section S4O of the revised laws is hereb
s. amended so as TO read follows:
d such justice shall make record upon the writ
II the death, removal expiration of of Off ce,
/ other legal disqualification of the justice VIII
signed the writ and tnat by reason thereof he TAKE
h cognizance of this suit
d Approved Nov. 2, 1852.
E No. s9-An act to amend section fifteen hundre
1t and hfty-six, chapter eighty-three OF revise
rs laws.
J. SEC. 1. There shall be exempt from attachmel
ie and levy of execution, tool chest kept for
in by mechanic, provided that such exemption sha
not extend to or Affect any attachment issued in q
aeticn on contract made on or before the first dl
a judgment founded on such contract.
Approved Nov "a, 1882.
No. 9o-An act relating to exceptions in sessie
e. proceedings.
1t Is hereby enacted etc:
Is SEC. l. Section ,3S7 of the revised laws is her
by amended so as TO read as follows
e. Questions of law determined by county cour
arising upon the trial of any special, summary,
j. session proceeding, placed upon the record by Il
lie agreement OF the parties or the allowance of Il
ed court. may pass TO the supreme court tor fin
e. decision In cases which according to Il
course of the common law; but no Judgment
s. order OF the county court rendered in proceedil
mentioned in this section shall be reversed. unle
the supreme court would have granted writ
certiorarf for the same cause.
in Approved Nov. Ii, 1854
No. s1.-An act relating to court reporters.
1t is hereby enacted, ETC..
nv SEC. l. Section eight hundred and ten of the r
us vlsed laws is hereby amended by adding there
&C. the following words And shall have power at
he times either IN term time in vacation to ma
tie SUCH orders against such reporter may be niece
or sary to compel the performance by such report
m of the duties imposed upon him by sections elg
ne hundred and eleven, eight hundred and lively
he eight hundred and thirteen, eight hundred a.
all fourteen and eight hundred and fifteen, and
to motion of party aggrieved, may proceed again
such reporter as Tor contempt of court Tor his
all Iusal or neglect to comply with such order.
CHI Approved Nov 25 1857
Is; No. sa-An act relating to the municipal court
es Bennington.
ng 1t is hereby enacted, ETC.:
u.s. SEC. 1. Section seventeen of act number t.
CHI hundred and three of the session laws of 1880,
re- proved November H. lSou, is hereby amended SO
to read follows In all causes, both civil and c
mnal, betore sad municipal court, the jurors, t
officers, the narties and the witnesses, shall be en-
he tied to tax anu receive The same costs allowed by
in suits or prosecutions before justices of the pea
aud the court ices shall be the same as now allow
nv in the court of justice of the peace. And t
he nuhtcipd Juusc snfii uA INC amount v. oohipon
or to he paid to the clerk of the municipal cOu
p which shall be paid out of the salary OF the mum
wi pal judge. And the municipal Judge snaii ma
of power appoint all officers oil the municipal cou
mt with power to empanel, draw, and summon juro
es SEC. 2. This act shall take effect December
nv 1882.
'or Approved November g. 1882.
re-
tv No. 93-An act relating to the time of holding t
.ty supreme Court for the county of Caledonia.
NJ 1t is hereby enacted, etc.:
ot- SEC. L. The stated term of the supreme court
the county OF Caledonia shall be held on the seco
as Tuesday in May of each year.
SEC 2 Ali acts inconsistent with this act
hereby repeated.
Approved November %, 1882.
lie
in NO. Si-An act reiatng TO the time OF hololn8
supreme court for the county OF Orleans
1t Is hereby enacted, ETC..
Ter SIC. 1. The stated terms of the supreme Coz