The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1890-12-11


discretion, omit the notice of hearing to the
states attorney.
Sec ?, The expense of such hearing and
commitment shall be paid by the trustees of
the soldiers home in Vermont
Sec J. While the person so committed re-
mains at the insane asylum under the provis-
ions of this act, he shall be considered as an in
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 officers of the
home, the same as though he were present.
Sec L. 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-
eeived unless the certificate of two physicians
of good standing in their profession certifying
superintendent
Sec. o. This act shall take effect from its
passage
Approved October 2S, 1890.
No. 22.-AN ACT in relation to railroad bonds
and mortgages.
1t is hereby enacted by the general assembly
OF the State of Vermont:
Section 1. Any railroad company may issue
its bonds ON time not exceeding one hundred
years, and at rate of interest not exceeding
six per cent, for any purpose it may desie, up
on a majority vote of its stockholders voting at
any meeting duly called for that purpose.
Sec. 2. Any 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 other 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
z ar ball Nol aft f4u
passage.
Approved November IS, 1880.
No. 23.-AN Act to amend sections three
Thousand four hundred sixty-one, three
thousand four hundred seventy and three
thousand four hundred seventy-five 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 1. Section three thousand four
hundred sixty-one of chapter one hundred
tifty-eighty of the revised laws is hereby
amended so as to read as follows: Where
a mortgage of a railroad Tor of a railroad and
other property or part thereof, made by a 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 a majority in amount of
the principal of the bonds so secured may form
themselves into a corporation for the purpose
of owning or maintaining and operating such
railroad land other property or part thereof,
Tor public use, in the conveyance of persons
and property land otherwise)."
Sec. 2. Section three thousand four hundred
seventy of chapter one hundred fifty-eight is
hereby amended so as to read asfollOws: Any
company formed under this chapter SHALL from
the time its articles of association are filed, be
corporation, vested with the powers, rights.
privileges and franchises for maintaining and
operating its railroad land other property
which were vested iii the corporation mortgage
ing it, and shall be subject to like duties and
liabilities, and to future legislation.
Sec. 3. Section three thousand four hundred
seventy-fiye of chapter one hundred fifty-eight
of the revised laws is hereby amended SO as to
read as follows; I'm case Of neglect or failure
OH the part of the bondh lders to organize a
new corporation under the provisions of this
chapter, when mortgage has been fOreclosed,
or if the railroad land other property OH which
the mortgage exists is sold or assigned by an
order, decree or Judgment of a 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 bondholders,
and be subject to like duties and may associate
with them other persons, and may make, sign
scribed in this chapter, and shall thereupOn be
a corporation with the powers, privileges aud
granted to and be subject to the du-
ties imposed upon railroad corporations. On
case a corporation is SO formed by such pur-
chasers or grantees and their associates, the
stock OF such corporation created to an amount
not exceeding that herenbefore provided may
be issued in payment for the railroad and other
property included in such foreclosure upon
the transfer and conveyance of such railroad
and other property to such corporation and up
ON 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
iitional stock and shall have and enjoy the
same rights and powers in all respects as were
held and enjoyed by the corporation which
nortgaged such property or as are hereinbe-
fore provided and also the same rights, pow
Frs, privileges and franchises granted to and
subjects to the duties imposed upon railroad
Sec. 4. This act shall take effect from its
passage.
Approved November II, 1890.
No. PLAN ACT relating to the assignment
of judges to hold courts of chancery and pre-
side in county courts.
1t is hereby enacted by the general assembly
Of the state of Vermont
SECTION /. 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
Of service, notwithstanding the provisions of
section two, number fifty-fve OF the acts of
1886
Sec. 2. This act shall take effect from its
passage.
Approved Nov. 2G, 1890.
No. 25.-AH ACT relating to amendment of
process and pleading.
1t is hereby enacted by the general assembly
IF the state of Vermont
Section l. The powers of a court to amend
,ivil process or pleading shall extend to the
striking out of the name of party improperly
joined as plaintiff, on such terms as the court
shall deem just
Sec. 3 This act shall take effect from its
passage.
Approved November 26, 1890.
No. 26.-AN ACT regulating mesne process.
It is hereby enacted by the general assembly
Of the state of Vermont:
SECTION /. Any judge Of the supreme court
may at any time before judgment in any civil
suit pending in any court, upon application of
a defendant who has been arrested or whose
property has been attached in such suit, upon
due notice to the plaintiff or his attorney and
Tor 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, or 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,
for the payment by the defendant
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 20, 1890.
No. H.-AE Act in amendment of section
two thousand one hundred forty-six Of revised
laws, relating to executors and administra-
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: If 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
il aDnninfed. and the axaont,. -.