Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1882-12-13

o. sl-An act in amendment of chapter 100 Of the
revised laws, relating to the crimes OF arson and
is hereby enacted, etc
SEC. |. Section 4l28 OF revised laws Ia hereby
mcnded so ns 70 read Us follows, VIZ: IA per-
IN who wilfully and maliciouslv burns the
yelling house Of another, or a dwelling house
wncd by another, or outbuding adjoining there |
,, or wiliully and maliciously burns any othcr |
uilding winch causes the burning of such dwell |
W house or vutbuildinga shall he imprisoned In |
he state prison for life or for shorter term In the
sEo. q Section 4l21 of revised laws is hereby
mended so as to read as, follows, VIZ; "a per-
on who wiliully and malicously sets IRE TO the
welling mouse Of another, or to dwelling house
wned by another, or outbudng adjoining, or
0 any other bqldng with the intent OF Dn ming
md malciously sets fire to combuetible matter
within or In immediate contact with such dwelling
louse or other buildi &. with the intent OF burning
UGH dwelling and outbuildings and thereby ex-
roses the same to be burned, shall be punished as
Approved Nov. IS 1854.
80. San act in amendment of, and in addition
to, section ISL of the revised laws OF vermont,
relating to the reference OF causes.
It Is hereby enacted, etc
sKo. section 9S1 Of the revised laws OF YER
mont lie hereby amended so as to read az follows;
The county court may when the parties agree
Hereto appoint not more than three referees 70
account, pending IN the court; and such referee
or referees may appoint time and place for the
trial oil such case, and give notice thereof as pro-
yided in section 1908 Of the revised laws of YER
mont; AMI shall have the same power TO order the
pendi z the suit, which auditors have under Sec
ton l2l2 of said revised laws.
SEC. 3 THIS act shall take effect from Its pas
sage.
Approved Nov. 49, 1882.
No. SO An act for the curing Of informal defects
and imnaterial variances In criminal proceed
inRs.
sac. /. No complaint information or indictment
shall be deemed invalid, shall the trial, judg
ment or other proceedings thereon be affected by
record" of the words with force and arms y
Tor the insertion OF the words against the form
of the statute" instead of the words against the
omission of such words; nor for emitting to state
the time at which the orense was committed in
any case whore time Ia not of the essence OF the
onenso; nor for stating the time mpcrfccty, oil
upon day IN the future, or upon nm impossible
proper or perfect venue, where It shall appear by
he 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 10 be any
variance between the avorments aud the evidence
offered IN proof thereof In the or description
OF any place mentioned therein, or of any person
therein alleged to be the owner OF any propert,
which shall form the subject of any ofense charged
therein, or which shall be alleged therein Il
be injured, or damaged, or intended to lie injured
or damaged by the commission of such onense
or in the christian name surname, or boti
christian name and surname, or other descrip
ton of any person therein named or described
OF III uhine Ut inscription oil any matter Of
thing whatsoever therein named or described
the court before whom such trial may be had
If II shall consder such variance not matcria
to the merits of the case a. Il that the defendan
cannot be prcjudiced thereby in his defense upoI
such merits, may order such complaint, Information
or indictment to be amended. according to tn
proof by some officer OF the court In that part o
the complaint, information or indictment wherein
such variance occurs, on such terms as to a post
pOnement Of the trial, Ms the court shall thinl
reasonable; and after such amendment the tra
shalt proceed In the same manner and with tn
anna H..
occurred.
sso. s. This act shall take effect from Its passage
Approved November % 1852.
No. s7.-An act Ia relation to r, cognirances Il
criminal causes.
SEC. /. Whenever respondent in a crlmina
prosecution, after convection IN the county cour
and after going at large upon bail for his appear
ance before the supreme court, shall forfeit hi
bail, the supreme court shall render a Judgmen
that the bonds are forfeited and shall also al
judge that the respondent has waived his excep
lions, and shall order the cause to be rcmande
to the county court for sentence or such furl he
proceedings ns the law requires.
Approved Nov. 20, 1852.
No, san act to amend sections eight hundre
thirty-ninc ana eight hundred forty of chapte
forty-six of the revised laws of Vermont
1t is h, reby enacted, etc:
SEC. /. Section 8 % of chapter 40 of the revise
laws OF Vermont shall be so amended as to read a
follows:
When a suit is pending before n iustice VIII
dies, or removes from the state, whose term Q
Office expires before the trial of the action or
| otherwise disqualified by law to try said cause, an
other Justice whom the plaintiff may select, VIII
may judge between the parties may upon proc
of such decease, removal, expiration of term, o
other legal disqualification, take cognizance OF sue
SUIT and hear aud determine the same and rende
judgment thereon as If he had signed the writ orig
inaiiy, and such Judgment shall bind tho parties
preserve hens, and charge bail the same II II ha
been rendered by the justice who signed the writ
Provided, however; that such substitution Of tn
justice shall he without additional expense to tn
defendant in such action.
SEC. .. Section $40 of the revised laws Is hereb
amended so as to read as follows:
such justice shall make record upon the writ {
the death, removal expiration of term of offlce,
other legal disqualification of the justice VIII
cOgniZance of this suit
Approved Nov ,, 1882.
No. So An act to amend section fifteen hundre
and htty-six, chapter eighty-thrce oil revise
laws.
II is hereby enacted, etc:
SIC. |. There shall be exempt from attachmeI
and levy of execution, one tool chest kept for u;
! by mechanic, provided that such exemption sha
not extend to or anect any attachment issued in a
aston on contract made on or before the first da
OF DecemDer, "A. ~; 81 or an execution Issued o
"a Judgment founded on such a contract.
Approved Nov. "a, 1882.
No. sO.-An act relating to exceptions in sessc
proceedings.
| 1t is hereby enacted, ETC.:
SEC. /. Section 1851 of the revised laws is her
| by amended so us to read as follows
| Questions OF law determined by county cour
arising upon the trial Of any special, summary,
session proceeding, placed upon the record by u
agreement OF the parties or the allowance Of Il
court. may pass to the supreme court tor I'm
decision rs In cases which are according to Il
conrse OF the common law; but no judgment
order OF the county court rendered In procc edlr
mentioned IN this section shall be reversed unle
the supreme court would have granted a writ
certiordrt for the same cause.
Approved Nov. 10, 1882.
No. 81 An act relating to court reporters
1t is hereby enacted, etc;
SEQ. /. Section eight hundred and ten of the r,
yised laws Is hereby amended by adding theret
the following words "And shall have power at a
times either in term time in vacation to mai
such orders against such reporter MS may be nece
sary to compel the performance by such report,
OF the duties Imposed upon him by sections Gig
hundred anu eleven elght hundred and twely
fourteen and eight hundred and fifteen, and {
motion OF a party aggrleved, may proceed again
such reporter as Tor contempt of court Tor his =
Iusal or neglect to comply with such order.
| Approved Nov. %, lsS2
No. 0a.-An act relating to the municipal court
bennington.
II Is hereby enacted, etc:
SEC. |. Section seventeen of act number tv
hundred and three of the session laws OF 1880, a
proved November i 1850, is hereby amended so
to read rs follows; In all causes both civil and CT
minal, before SAID municipal court the jurors, Il
officers, tho PARTIES and the witnesses, shall be en
tied to anu receive the same costs allowed by la
IN suits or prosecutions before Justices OF the peac
and the court ices shall be tn. same rs now allow.
In the court OF Justice of the peace. And u
tion TO be aid to the clerk of the municipal couI
which shall be paid out of the salary OF the muniC
pal judge. Aud the municipal judge shall ha'
power 10 appoint all officers OF the municipal couI
with power to empanel, draw, and summon juror
SEC. 2. This act shall take effect December
! 1881.
Approved November 2s, 1882.
No 93.-An act relating to the time of holding Il
supreme court Tor the county OF Caledonia.
IL is hereby enacted, etc:
SRo |. The stated term of the supreme court f
the county OF CALEDONIA shall be held on the secoI
| Tuesday in May OF each year.
| Sac 2. All acts incons lstent with this act a
hereby repeated.
Approved November 2s, 1854.
No. 81 An act relating to the time of holding Il
supreme court for the county OF Orleans.
IL Is hereby enucted, ETC..
SIC. /. The stated terms OF the supreme cou
for the county oil orleans shall be held the TOUR
Tuesday Of Nay oil each year.
SIC. 2. All acts inconsistent with this act a
hereby repealed
Approved November 20, iss2
No. AN act relating to the time of holding Il
supreme court Tor the county of Washington.
is