Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1915-03-18
S|MPL|f|CAT|0N
Of COURT WORK
Continued from paee sikh

90. The assignee and bona fide owner
Of any chose in action, not negotiable
may sue therein in his own name; but he
shall. in his complaint allcge that he Is
the actual. bona fide owner thereof. and
set forth when and how he acquired title
thereto. But this section shall not affect
tho debtors defenses available to him un d.
der the law against the assignor
ID. In an action founded on a con-
tract or a tort the defendant may set
recoupment or counter claim. founded on
n contract or tort, whether growing out
Of the matter on which the action is ped
icated or not, and Judgment shall be rem
dcred for the balancd Pound due accordn!
to the rights Of the parties
d2,. Allegations or denials, made with
out reasonable cause and found untrue.
shall subject the party pleading the same
to reasonable costs to he taxed by tho
! court as seems Just
G2). Unnecessary repetition prolixtv
| scandal, impcrtinencc, obscuritY or I'M
certainty in any pleading. shall be ground
for motion to cxpunge or otherwise
correct the same.
| 40. No action shall he defeated on
account of the non-jolnder or misioinder
of parties or the misioinder of causes a.
action But the fault. if pointed out
shall he corrected under the direction OF
| the court.
| O5). The justices of tho supreme court
and superior judges. acting together
shall make ana promulgate rules to carr!
| into effect the foregoing provisions, an
| to cover all other matters of pleadin.
and procedure formulating the same witt
especial reference to the simuliicatio
and expedition of court proceedlngs-an'
may from time to time alter amend o
repeal the same.
DO. Nothing herein contained shall b.
taken to impair any right or remedy nov
provided by law.
90 The following sections OF the pub
lie statutes are hereby amended as spcci
fed
Section 1881 by inserting in line five
after the word "bcforc" the words 80
after" and by striking out in lines /
and II. the words lin cases where tn
court has not otherwise directed" an,
serting in line II after the word days
the words cor within the time so tiXeC
by the court"
Sections 1886 49,, 1852 ana 900 by strik
ing out the word "twenty-one" therei,
and inserting in lieu thereof the wor,
| twelve"
Sections li3s and 1863 ny striking on
the word "forty-two' therein and in
serting in lieu thereof the word thirty
Section 1859 by inserting in line three
before the word 'criminal' the word
civil or
Seeton 1850 by inserting in line fly.
after the word SHERIFF the words "o
Clerk
Section 1854 by inserting in line six aft
or the word demurrer" the words 'an'
in like manner may try and determine
any course in which a trial hy jury il
not a matter of right. or ia waived.
Section 1850. by striking out in line tive
the word the" and inserting in liel
thereof the word any" and by strikn.
out in lines two and three the words win
presided at the last stated term Of suci
county court
Section 2915 by striking out the Wort
fourteen" and inserting in lieu thereo
the word thirty"
ns). All acts and parts Of acts neon
sistent with this act are hereby repealed
40 This act shall take effect from
its passage and shall apply To suits nov
pending in county and municipal court
and 10 cases in which exceptions hav
not been finally settled.
Respectfully submitted,
GEORGE NJ POWERS
FRANK +. FISH.
IlARLAND Il. HOWE.