Rutland herald. [volume] (Rutland, Vt.) 1823-1847, 1844-01-18
STATE OF VERMONT.
Rutland County, IS.
In Chancery, April Term, 1914.

AHETEAS the town ofSherburne. in tho county
w OF Rutland, having filed a bill of comnlain,
against Rufus Graves OF Bridgwater in the count,
oil Windsor, jeremiah Avery Of Stockbriape in Inc
county OF Windsor, Roswell b. Adams Ezra vii
son, Benz amin Hutchinson and Noah johnson. aD
OF Sherburne in the county of Rutland and Horace
Sawyer and Cophss Wood, both of the State of H.
nois, in this court; charging,,that at the animal
Town Meeting holden at Sberburne aforesaid in
March 1884 the said Rufus Graves was duly elect,
ed to the Office Of FIRST Constable and Collector far
said town OF Sherburne, for the year next ensuing
and ihereopon the said Rufus Graves as principal,
and the said jeremiah Avery, Roswell b Adams.
Ezra Wilson, Benjamin Hutchinson, Noah John.
son, Horace Sawyer and Cephas Wood as sureties.
executed and delivered TO the then Seectmen OF
said town OF Sherburne, a certain written inst,r-
ment, purporting to be bond in the penal sum of
two thousand dollars, conditioned to be void if the
said Rufus Graves should well and faithfully exc
cute the office OF First Constable and Collector of
the said town of Sherburne for the year then next
ensuing and therein save the said town harmless
from all costs and damages said town might sustain
in consequence Of the non fesance or mise.ance of
the said Rufus, in his said office of FIRST Constable
and Collector OF said town of Sherburne for the
year then next ensuing, which writing was intended
by the parties executing it to be a bond, and was
supposed to contain all the legal requisites of
bond, but by accident or mistake the said contract
was not sealed, though in said contract it was ex-
pressed TO DO signed, sealed and delivered Ii was
farther stated said Graves undertook to execute the
office OF first Constable and Collector of said town
OF Sherburne for the year then next ensuing said
March meeting in 1884, and during said wear one
Aaron Cotton put into the hands ef the said Ruins
Graves. as Constable as aforesaid, writ in his ia
vor against Thomas w. Estabrooks, to serve and
return according to law, with instruction TO said
Graves to attach all the hay and grain in the barn
on the farm then occupied by the said Estabrooks.
and therefore the said Graves attached said hay
and grain and returned said writ to the Justice who
issued the same, but the said Graves so neglected
to do his duty that said Cotton lost the benefit of
his attachment and thereby lost his debt; and that
said Cotton afterwards sued said town of Sherburne
for the neglect OF said Graves in serving said writ
and recovered 1888 damages and s7,42 cost of
suit; and that said town had expended large sums
of money in defending said suit, to wit five hun
dred dollars or less and praying that the defendants
may answer whether they did not execute and deliv-
er said writing, and whether said writing was not
intended to be bond with all the legal requisites,
and whether the seals were not omitted by acciden,
or mistake whether the said town have not paid
said sums of money to said Cotton and in defending
said suit, in consequence of the neglect Of said
Graves in his Office of Constable, as aforesaid, and
that said writing may be perfected according to the
mutual agreement and understanding of the parties
and that the same may have the seals affixed to give
the same all the legal requisites of bond in accor
dance with the true intent and meaning of the par
ties; and that the defendants and their
when discovered, may be decreed to pay the Orator
the full amount that has been sustained by said towr
In consequence OF the neglect of said Graves in the
discharge of the duties of his office of constable a.
aforesaid, in the aforesaid, and for such ohe
reliefin the premises as according to equity ane
good conscience the said town is entiled-and for
subpoena to be directed to those of the defendants
that reside in this State and an order of notice fol
those that reside out OF the Jurisdiction this State
And 1t appearing to the court that the said Horac,
Sawyer and Cephas Wood do not Ieside in Thu
State and have not been notified oil the tendency o
this bill, it is therefore ordered that they be notified
OF The tendency of said bill by publishing the sub
stance thereof with this order, in the Rutland Herald
a newspaper printed at Rutland, Vermont, three
weeks successfully. the last of which publication
shall be at least six weeks before the sitting of sail
court which publication shall be deemed sufficien
notice to the said Horace and Cephas to appear ant
answer to said bill.
Given under my hand at Rutland, this Goth day o
December, A. d., ls43.
CHI. X. WILLIAMS, Chancellor.
Reuben R. Thrall, solicitor for orator. "a