Rutland herald. [volume] (Rutland, Vt.) 1823-1847, 1844-01-25

cute the office pi First Constable and Collector Of
the said town ~ Sherhunc Tor the rear then next
ensuing, and therein save the SAID town harmless
from all costs and damage. said Town might sosaIn
in consequence Of the non 'c-apce ~ mi-essnce of
the said Rufus, in his said Office NJ ffsi Constable
and Collector OF said town Of Shctburns, for tho
year then next ensuing, which Writing VAS intended
by the parties executing II TO be bond, and was
supposed 10 contain all the legal Requisites OF
bond bnt by accident or mistake the said conuaci
was not sealed, though in said contract II was ers
pressed 10 be signed sealed and delivered. II was
farther stated said Gtaves undertook to execute tho
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 ono
Aaron Cotton put into the hands Ell the said Rufus
Graves, as Constable as Aforesaid writ in his "a.
vor sgalns, Thomas w. Estabrooks, 10 serve and
return according TO law, with instruction to SAID
Graves to attach all the hay and grain in the barn
the farm then occupied 10y the said Es,abrooks,
and there fore the said Graves attached said hay
and grain and returned said wri, the Justice who
issued the same. but the said Graves 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 Sherburno
Tor the neglect of said Graves in serving said writ,
and recovered S75,sS damages and s1,i2 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 dcliv-
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 accident
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 Consa able 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 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 confederate
! when discovered, ms be decreed to pay the Orator
u the full amount that has been sustained by said town
in consequence Of the negec of said Graves in tho
discharge of the duties of his Office Of constable, as
aforesaid, in the aforesaid, and for such other
. reliefin the premises according to equity and
y good conscience the said town is ented-and for a
" subpoena be directed to those of the defendants
. that reside in this State and order Of notice for
those that reside GU, OF the jurisdiction Of This State
And II happening TO the court that the said Horace
e Sawyer and Cephas Wood do not Iesde in this
= State, and have not been notified oil the pendoncy OF
" this BILL il is therefore ordered that they DO notified
of the tendency of said bill by publishing the sub.
stance thereof with this ORDER n the Rutland Herald
a newspaper printed at Rutland, Vermont, three
= weeks successfully. the last OF which publication
shall be a, least weeks before the sitting Of SAID
court which publication shall be deemed sufficient
notice to the said Horace and Cephas 10 appear and
n answer to said BILL
Given under my hand al Rutland, this Goth day o
December, A. d., lsl3
CHI. X WILLIAMS, Chancellor.
Reuben X. Thrall, solicitor for orator. "a