Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1896-12-25
Acts of the General Assembly.

We issued last week a supplement con-
tanning the laws passed at the last ses-
sion of our legislature, and on looking
them over we fail to see any evil effects
from the great number of bills introduced
as was feared. The general assembly
seemsto have been conservative and care-
full. Their action relative to voters has
simply made one or two wise provisions
to prevent citizens being unjustly dis
franchised. They have not meddled with
he ballot law except to adapt it in sew
eral minor particulars to wants and sit
nations suggested by experience.
The laws relating to taxation have
been improved, especially in relation to
the machinery for collecting taxes, and i'll
subiecting to taxation property which
has been excluded heretofore without
anv reason.
Perhaps the matter of public instruc-
ton has been as wisely dealt with as
could be expected. 1t is a subject con-
corning the treatment of which in detail
there is such difference of opinion and
conditions in different parts of the State
that no legislation on the subject would
he universally approved.
In the matter of trustee process there
is no change in the statutes except in
some minor particulars like providing
ar
without the State may be summoned as
trustee in a suit brought to recover n
debt contracted in this State, and PRO-
trctlng exemptions provided by the laws
of the State iii which some of the parties
may reside.
Some OF the actsit istrue have assumed
to NEEDLE with the common law, like de-
earring what shall be considered due dill
pence in the collection of a check or draft
allo wing a surety on note or other OBJ
legation the same defence to a suit that
the principal might have awaited himself
o., and permitting individuals in certain
cases to ask the court of chancery what
d will means in any particular case. All
this is dangerous ground to enter upon
with special legisla ton. In the one case
it will permit the principal in case to
shelter himself behind surety, and in his
shadow make a defence which he would
not like to do openly. Then the act would
be an excuse for the principal and not q
protection to the surety. Due diligence
in the collection of check has been much
discussed and what it is has been pretty
grow out of what it is in a given case
under the terms of the recent statute. II
is well to have a court Of chancery to SC
easily consult about wills, but whether il
will invite troublesome or expensive init
macy with the court on such subjects re
mains to be seen.
One thing was done in the assembly
which was exceedingly accommodating
however. 1t provides that in actions
brought to recover on insurance policies
general counts in assumpsit shall be ;
sufficient declaration, that is, declara
ton shall be made which gives the de
tendant no information whatever con
corning the plaintiffs claim, and only in
forms it that it has been sued But tn
legislature is not to becensured much tol
that in time when trained men rul
wildly after the indefinite i'll disregard O
any system or order.
Probate laws haveevidently been mucl
improved. The acts relating to dover
courtesy, homestead and collateral inheri
tances seem to be a great improvement
The act providing for divorces from
bed and board is quite a step in advance
1t is more important than appears at
hasty glance, but as we have expressed
our views in relation to it previously W
will not trouble our readers with an,
discussion OF it now.
1t is of little consequence what the gen
eral assembly did in reference to the sal
oil Intoxicating liquors, because it mat
tiers little what the law is. The only cor
siderations connected with this subjec
are what men, impelled by passion, ar
petite, prejudice or personal interests
may do with it or under it. Most an
law on the subject has for years in thi
State been sufficient and available to a,
complish any purpose that the leadin
minds i'll any locality may desire, and
always has reached just that accom-
plishment. That's all that can be trutl
fully said with reference to that subjec
of legislation.
On the whole wherever the legislator
has undertaken to create new statutes c
provisions it has apparently acted III
derstandingly. And one thing is quit
evident that wherever it has amende
statutes heretofore existing one can easil
see the purpose sought to be accom-
plished by the Amendment. And thei
is probably as little legislation comm
from the last session without clear an
unmistakabe design and purpose as he
come from any of its sessions for many
year.