Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1890-12-08

discretion, omit the notice Of hearing to the
sc. 3 The expense Of such hearing and
commitment shall be paid by the trustees OF
the soldiers home in Vermont.
Sec. 3. While the person 80 committed re-
ions of this act he shall be considered as an m
mate of the soldiers home, and the home
superintendent shall be his guardian, and carry
his name on the rolls of the home, and IN all
matters account for him TO the ofncers OF the
home. the same as though he were present.
Sec A. Superintendent OF asylums for the
insane in Vermont shall receive all persons
committed under the provisions OF this act as
state PATIENTS but no person shall be SO re-
ceived unless the certificate of two physicians
of good standing In their profession certifying
70 the insanity of such person Is filed with the
superintendent.
Sec. 5. This act shall take effect from its
passage.
Approved October %. 1890.
and mortgages.
1t is hereby enacted by the general assembly
Of the State of Vermont:
Section l. ANY railroad company may Issue
its bonds on time not exceeding one hundred
years, and at a rate of interest not exceeding
six per cent, for any purpose 1t may desire, up
ON majority vote of its stockholders voting at
any meeting duly called for that purpose.
See 2. Amy railroad company may mort
gage its road and franchise, and any other
property which it may own or In which it may
be interested, to secure its own bonds or the
bonds of any ether railroad or transportation
company within or without this State, upon a
majority vote of its stockholders voting at any
meeting duly called for that purpose.
Sec. B. This act shall take effect from its
passage.
Approved November IS, 1890.
No. 23.-AN ACT to amend sections three
thousand four hundred sixty zone, three
thousand four hundred seventy and three
thousand four hundred seyenty-hve of the
revised laws, relating to reorganization OF
railroad companies after foreclosure.
1t is hereby enacted by the general assembly
of the State of Vermont:
Section l. Section three Thousand four
hundred sixty-one of chapter one hundred
ffty-eighty Of the revised laws il hereby
amended so as to read as follows: Where
a mortgage of railroad Tor of railroad and
other property or part thereof, made by . rail
road company Tor by railroad, mining and
manufacturing company, to secure the pay
ment of bonds, Is foreclosed, and the legal title
to the mortgaged premises vested in the mort
gagees, persons holding majority In amount OF
the principal of the bonds so secured may form
themselves into corporation for the purpose
OF owning maintaining and operating such
railroad land other property or part thereof
for public use, In the conveyance of persons
and property land otherwise"
Sec. 2. Section three Thousand four hundred
seventy of chapter one hundred hfty-eight is
hereby amended so as to read asfsllows: Any
company formed under this chapter shall, from
the time its articles of association are filed, be
a corporation, vested with the powers, rights.
privileges and franchises for maintaining and
operating its railroad land other property
which were vested the corporation mortgsg-
ing it, and shall be subject to like duties and
liabilities, and to future legislation.
Sec. 3. Section three thousand four hundred
seventy-fve of chapter one hundred ffty-eight
of the revised laws is hereby amended SO as to
read as follows: In case of neglect or failure
on the part of the bondh lders to organize a
new corporation under the provisions of this
chapter, when a mortgage has been foreclosed,
if the railroad (and other property on which
the mortgage exists is ssld or assigned by an
order, decree or judgment of court, the pur-
chasers or grantees who acquire title to the
same in the manner prescribed by law shall
have the rights, powers and privileges granted
IN this chapter to majority OF the bondholaers,
and be subject to like duties; and may associate
with them ether persons, and may make, sign
and file articles of association as before pre-
scribed In this chapter, and shall thereupon be
a corporation with the powers, privileges aud
franchises granted to and be subject to the du-
ties imposed upon railroad corporations. Gin
case a corporation is so formed by such pur-
chasers grantees and their associates, the
stock of such corporation created to an amount
not exceeding that here1nDefOre PROVIDED may
be issued in payment for the railroad and ether
property included in such foreclosure upon
the transfer and conveyance of such railroad
and other property to such corporation and up
such issue the said stock shall be taken and
deemed to be full paid stock and not liable to
any further calls. The said corporation SO
formed shall have and enjoy the same rights to
mortgage Its property or to create and issue adj
ditional stock and shall have and enjoy the
same rights and powers in all respects were
l.I1 IL II
mortgaged such property or as are hereinbe-
fore provided and also the same rights, pow
ers, privileges and franchises granted to and
subjects to the duties imposed upon railroad
corporat1Ons.)
Sec. 4. This act shall take effect from its
passage.
Approved November II, 1890.
No. 24.-AN ACT relating to the assignment
of judges to hold courts of chancery and pre-
It is hereby enacted by the general assembly
of the state of Vermont:
SECTION 1. The assignment of judges to
hold courts of chancery and preside In county
courts may be so made that the judges may
follow one another In the order of their terms
section two, number ffty-fve OF the acts of
1886.
Sec. 2. This act shall take effect from its
passage.
Approved Nov. 26, 1890.
No. 25.-AN ACT relating to amendment of
process and pleading.
1t is hereby enacted by the general assembly
of the state of Vermont
Section l. The powers of a court to amend
civil process pleading shall extend to the
striking out of the name of party improperly
joined as plaintiff, on such terms MS the court
shall deem just.
Sec. 2. This act shall take effect from its
passage.
Approved November 26, 1890.
No. 26.-AN ACT regulating mesne process.
1t is hereby enacted by the general assembly
Of the state of Vermont:
SECTION 1. Any judge of the supreme court
may at any time before Judgment in amy civil
suit pending in any court. upon application of
defendant who has been arrested or whose
property has been attached In such suit. upon
due notice to the plaintiff or his attorney and
for good cause shown, reduce the amount
of the bail taken or required, or the amount of
the attachment, by an order to be endorsed on
the writ entered upon the record; but such
writ shall not abate by reason thereof, nor
shall any then existing bail or attachment be
thereby. discharged except to the extent of
such order. Any judge of the supreme court
may, on like application and notice. discharge
such attachment in full upon the defendants
giving bond to the plaintiff in such sum and
with such sureties as said judge may direct,
COA1AotOiiCeA AON c-lC pay uoHJ Dy the 0cISH4aub
of the costs and damages which the plaintiff
may recover in such suit by an order to be en-
dorsed ON the writ or entered upon the record.
SEC. 2. This act shall not repeal any exist
ing law relative to the fixing and taking bail
IN civil cases.
Approved November %, 1890.
No. Plan ACT in amendment of section
two thousand one hundred forty six of revised
laws, relating to executors and administers
tors.
1t is hereby enacted by the general assembly
of the State of Vermont:
Section /. Section two thousand one hundred
forty-six of the revised laws, relating to execu-
tors and administrators, is hereby amended so
as to read as follows: lie there is no executor
or administrator appointed, the death Of the
party shall be suggested on the record and the
suit shall be continued until an executor or adj
ministrator is appointed; and the executor or
administrator, who becomes party, or the adj
verse party, shall. on motion, be entitled to a
IL