Spirit of the age. [volume] (Woodstock, Vt.) 1845-1913, 1882-12-13

lke inlfAl, shal 10 lMpFisDAei w iLe state pnsoa
apl pinr lhan laeniI iean.
Apmrysd Aeye@ber - isss,
~ ~ IA act 10 Amsndmeai Of ehaPler 10 Of the
it,lfd laHsi 'elAllns " lle enass 81 aFseh aaa
a n hrgthy enacted, stes
$40, !, seellea tls N revised laws u LeTebF
sl.sh isl 80 Ws, A. lellsssi tHi ~ pel,
dwelling hense VI anplheT ~ dWelliny hHnse
pWpei w anplhel, % pulbull,las adjolaleg IheTe'
tal gt elllnlll sth m.. .sseA,li lures shf glhg'
ing h0llse ~ pulbuililHgs, shall bs lapTseRed ~
he stats pIson 100 llie pflor shorter terra ~ The
$40, section il!i " revised laws 10 hereby
ameRlfd 20 ~ W read a. igllRRs, WIS "a per-
500 Nhg WllpiiY aHd mael0usiY sets Are 20 The
lNelllhg Hpnse p Aheshtf, % W dwelllpE heuse
10 aRF other bnliing With ne lnleLi u bulnns
such dHeling house and onlbuilhjRg, 90 willuii|
anl mallelpp,ly ,els NC 70 eembuslihe m.llsr
hopse 90 elheI bnlldl H. Wllh The iRienl pl buTnnz
such dWeilng anl eulbulllags, aEd thereby eRi
pnse' lhe sanli 70 be bpraed siail 10 punished 40
provided 10 lbe precgng section
Approved NpF ~ is's
No, si,-ARael in ameHdment 81, ald 10 addition
W, section psi o. tbs revised laws Of YermoRt,
Ielatna 70 tbs TeirIehee W causes,
80, ssellea ~ q Ne revised law; Of YER
le eOunW cDgrl nay when tbs parties agree
thereto, appoinl mol mGTe 'lhaa lhyee referees 10
~ say case eteell acllpns " account ahh % beok
aecOuni, pending ~ tln ennHi And such referee
o. referees nay Appelrl tine Anh place lor tbs
lnal n sneli ease ~ Etp nullee thereof ~ Ere'
yllpd ~ .eelien lsps y tic revised Laws " ver'
menli ant shail have lbs same power 20 0Ider The
production ~ h0pks Ahd pal'eIs, ~ aay tine
liendl tbs sull Which AUDITORS have nader sees
liNn isii ~ san revised laws,
mo, y, THIS act sHall Iake eject from ils pas
Approved Nov, 80, iss1,
No. ~ IA act fer lhe curing Of Informal defects
anh lmmaIerlal yanAness IL eTimlnal proeesi'
logs,
ltisheTeby baelei, elei
SAT- l, No eumplalnl, information OF ildlelmenl
shall 10 deemel inyAlll, hOT shall The trial, juds
mUnl o. other proceedings thereon be Affected by
reasop @ ihe Cna'lol 81 tho woris "as appears u
recent" OF Of lhp WOnls "Wilh force aud arms, =
TI0r the insertion n the words against The form
Of the statute lnsleAl OF the words "Agalnst The
fora Of the slnIules, " Nles versa, nor ,or the
OmissOu OF such W0Idsi nor for Oinltling 10 state
the time III winch tbs pnuuse was committed IN
any ease wheie liinu 10 not Of tho essence Oi The
onep'c nor lVr status the ilme imp"Tfrelly, ~
| upOh daY " lha future, ~ upon M Impossible
day, ~ day that never hnppene,ii nor LOT want
proper or peIlul venue, whore u shalt appear bY
he ennllainl, lnlornallun or indictment that the
e0nTt has Jurisdiction ever the Onenss,
HEC g. 10 on tho Trial Of ANY COMPLIANT, Inform,
ailon o. lndleImeul lheIo shall appear 10 be any
variance beiween The Ayermenls AID the evidence
offered ~ prot thereof IN The name or description
vi any place mentioned therein, OT Of any person
thrleln alleged ~ be the owner % any property
which shal form llu sslivel NJ any ofiense charged
therein, 0r wluch shall DO alleged therein, n
ba lnJuIei, o. Damaged, or intended 10 10 injured
or damaged by tho commission Of such Oncnsr
ar ~ The christian hunie or surname, or both
ehfiatihn name aud surname, or other deaeTip,
IOn ~ any person therein named or described
or N the name or description Of any matter ~
thing whatsoever Therein named or described
tn. ceuli before whom such trial may DO had
II II shall eonsller such variance not material
10 the iarrls 81 tho onto n n that the defendant
cannot he pIcJudicei thereby In his defense upon
such merits may oder hnuh complaint, Information
~ indictment 10 be amended, according 10 the
proof by some officer ~ the court ~ that part 0i
the complaint, Information or indictment wherein
SuGh Variance occurs, on such terms, ~ 10 n post.
p1ncmcnl OF tue trial, ~ the court shall think
reasonable; and after such amendment tho trial
shall pr0oOcd IN the same manner aud with the
same consequences ~ " no such variance had
occurred,
$40 s, This act shall take effect from It's passage
Approved November Is, ISL
No. si,-An act In relation 10 II oognlzancca IN
crmuni causes,
II ID hereby enacted, etc.
ssc, !, Whenever n respondent In n criminal
prosecution, alter convection IN the county court
aud after going ~ large 0pon bail for his appear
nncc before tho supreme court, shall forfeit his
bail, the supreme court shall render q Judgment
that the bonds are iorlt tcd and shall also al.
Judge that tho respondent has waived hia cxcep.
lions and shall oricr tho cause TO be renamed
10 lhr county court for sentence or such further
Approved Nov, %, 1854.
No. ~ An act to amend sections eight hundred
thlrty.nnc and eight hundred forty OF chapter
iorty.siy of the ~, isci laws OF Vermont,
II h. rcby enacted, etc:
SIC. l.. section & 0 Of chapter ~ Of the revised
laws of Vermont shall DO 40 amended as to read as
follows.
when u suit IL pending before n Justice who
dies or removes from tho state, or whose term Of
olcc cNpiips before the trial OF the action, or Is
ptlprNiap UlFuIlutpu lay Inv N n suil IN
oth"r Justice whom the plaintif may select, who
nav Judge between the parties may upon proof
OF 'nrh iccca-c, removal, cxpration OF term, or
9th . legal dlsqual catlo lake cognizance Of such
sui nHd hear au'l determine the same and render
Judy nCnt thereon rs " he had signed the writ orig
inully. and such Judgment shall bind the parties.
preserve cns AMI charge bail the same AS 1t It had
been rendered by the Justice who signed the writ.
Provided, however that such substitution Of the
justice snail be without additional expense 10 the
Defendant N such action.
sEc. =, Section $40 oftho revised laws Is hercb
amended so AS to read Us follows.
such justice shall make record upon the writ OF
the death. removal cy'hntion of term Of ONCE or
other legal disqualification OF the justice who
signed the writ and That by reason thereof he takes
cOgniZtncc OF THIS suit
Approved Nov ., 1852.
No. 50. = An act to amend section fifteen hundred
and flty-six, chapter eighty.thrcc OF revised
1t Is hereby enacted, etc;
SEQ. !, There shall be exempt from attachment
and bcvy Of execution, one tool chest kept for use
by mechanic, provided that such exemption shall
not extend to or Affect any attachment issued In an
action on contract made on or before the first day
OF December, "A. ID. -, or an execution issued on
judgment founded on such q contract.
Approved Nov "a, 1882.
No. 9O.-An act relating to exceptions in session
proceedings.
1t Is hereby enacted etc:
SEC l. Section 1857 Of the revised laws IS here
by amended so us TO road rs follows:
nsIl il.,ip pNIn IN pnn ~
arising upon the trial of any SPECIAL, summary, or
session proceeding, placed upon the record by the
agreement OF the parties or the allowance Of the
court. may pass TO the supreme court tor final
decision as IN cases which are according to the
course OF the common law but no Judgment or
order OF the county court rendered IN II proceeding
mentioned III tins section shall be reversed unless
the supreme I" urt would have granted writ Of
certf0rdrt for the same cause.
Approved Nov. H. 1882.
No. OF An act relating to court reporters
IL Is hereby enacted, etc:
SEu. !. Section eight hundred and ten Of tho re-
vised laws IS hereby amended by adding thereto
The following words: And shall have power at all
times either IN term time or in vacation to make
such orders against such reporter us may be neces-
sary to compel the performance by such reporter
OF the duties imposed upon him by sections eight
hundred and eleven, eight hundred and twelve;
eight hundred and thirteen, eight hundred and
fourteen anu eight hundred and fifteen, and on
notion oil party aggrlcved, may proceed against
such reporter us Tor contempt Of court Tor his re-
IusHl or neglect TO comply with suCh order
Approved Nov. rs, 1851.
No. 02.-An act relating to the municipal cOart Of
bennington.
IL Is hereby enacted, etc:
SEC. l. Section seventeen Of act number two
hundred and three of the session laws OF 1890, APP
provcd November II. 1SoO, is hereby amended SO as
to read as follows: In all causes, both civil and cr
mlnal, before SAID municipal court the jurors, the
officers the rartes ami the Witnesses shall be ent-
tied to TAX anu receive the same c0s.s allowed by law
In suits Or prosecutions before Justices OF the peace
and the court ices shall be tn, same now allowed
in the court OF u justice OF the peace. Aud the
municpal judge shall fix the amount Of compcnsa-
tion 10 De iii Othe clerk of the municipal court,
which shall be paid out Of the salary OF the MUNICH
pal judge. Aud the municipal judge shall have
power to appoint all officers OF the municipal court
with power TO cnpanel, draw, and summon jurors.
SEQ, 2. This act shall take effect December !,
1882.
Approved November %, 1882.
No 93.-An actTdlating to the time of holding the
supreme Court Tor the county Of Caledonia.
II is hereby enacted, etc:
seq. l. The stated term of the supreme court for
the county OF CALEDONIA shall be held on the second
Tuesday In May 0reach year.
Sac z. All acts incons istent with this act are
hereby repeated