Rutland herald. [volume] (Rutland, Vt.) 1823-1847, 1844-01-11
SrkTE uF VFRwuNT.
ksa0-s trani '. 90



X nErEAS the town 81 Sh.ri.utns. h. ihe ceos,,
w {" ROLAND, hsving hlrd td vf cumi,l.ia,
gs'n,I Ruiu. Brsscs ~ Bu5gwsirr w Tho county
90 " inis Jcn mish Aver ol Sio. kbtilce ~ tic
uucit ~ Niudsn,. Rnsv Ell Is Adsms Erta VII.
sun. Re- 'min liu'ehinsan and Nuah Johnson, ali
~ >uefbutns in the count, If Roland aud Horace
sawyer and Cep,s> ODD. 10th ol tie stale Of u.
ln'''-. ~ 'h's Gun; charging. ina, al tic annual
Town Nc.lieg holden at SDetbutne an,resaid Va
March 1891. The sail Ruius Graves was duly elect.
ed io the office ui frst Constable aud Collector ior
~sd town OF Shcrburne, for the ycai neat ensuing
'nd ,i'creUlpn the said Rufus Graves ss pfincips
and tie ssij Jeremiah Avery. n bsweil Il Adams.
Ezra WILSON, Benjsmin Hu,chiason, Noah John
son, Horace Sawyer and Ccphss Wood as sureiies,
executed and delivered TO the then Seiectmen OF
sad town OF Sherbutnc. a certain written instru-
mrnl, purfoiing in lie bond, in the penal sun, az
two Thousand dollars. conditioned TO be void II the
said Rufus Graves should well and faithfully exc
cute The office OF fifs, Constable and Collector OF
the said town of Sherburne for the year then next
ensuing, and therein the said town harmless
from all costs and damages said town might sustain
IN consequence ot the es ancc or rnisicsance of
he said ku'us, 10 his said Office OF FIRST Constable
and Collector OF said town of She, borne, for the
year then next ensuing which writing was iniended
hy the parties executing II Ia be bond, and was
supposed 10 contain all NE legal requisites of q
bond, but by accident of mistake the siid contract
was noi sealed, though Ia sid contrir, 1t was ey-
delivered.
farther stated said Graves undertook to execute tie
office OF first Constable and Collector of said town
OF SherOurne Tor the year then next ensuing said
March meeting IN 1884; and during said wear one
Aaron Cotton put into the hands eft the said Rufus
Graves. as Constable AZ Aforesaid, writ in his IA
vor aeains, Thomas W. Estabrooks. 10 serve and
return according 10 law, with instruction TO SAID
Graves 10 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 10 the Justice who
issued the same. but The said Graves so neglected
10 do his duty that said Coltons lost the benefit OF
his attachment. and thereby lost his debt; and tina,
said Cotton afterwards sued said town Of Sherburne
Tor The neglect OF said Graves in serving said writ,
| and recovered SI5,SS damages and S7i2 cost OF
suit; and that said town had expended large Suns
ni money in defending said suit, To wit. five hun
dred dollars or less; and praying that the deiendenis
may answer whether they did moi execute and deliy-
er said writing and whether said writing was not
intended TO be bond with all the legal requisites,
and whether the seals not omitted bv acct Jeui
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 az aforesaid and
thai said writing may he perfected according To the
mutual agreement and undeTs anding of the parties
and that the may have the seal, affixed to give
the same all the legal requisites of bond in accoI
dance with the rne intet and me aninq at iis par.
when discovered, may be decreed Ia %, the Orato
the full amount that has been sustained bv said iuwl
IN consequent al lie neglect OF SAID Caves in III.
discharge OF the duties at hi> office ot constable a,
anresad. in the case aforesaid, and for such o,he
rei'e ~ The premises as according Ia equity ant
goo 'onst l"n'e ,he said Town Is cniled-snd for
suhp"cna L. We directed 10 those Of the defendant
that resale IA This State and order Of notice fo
those thai reside ont o the jurisdiction of this State
And II hppcarin9 tn The cout thai the said IIofac,
Sawyer aud Cephas Wood do no, Ieside in th
State, and have not been notified oil tie pendency
this bill, 1t is therefore ordered that they be notified
OF The tendency OF said bill by publishing the sub
stan, thereof with this order, in the Rutland Herald
a newspaper printed a, Rutland, Vermont, three
weeks successfully. tile last Of which publication
shall be al least six weeks before the sitting Of SAT-
court, which publication shall be deemed sufficien
notice to the said Horace and Cephas to appear AM
answer TO said bill.
Given under my hand at Rutland, this 2Gih day O
December, A. d., 1913.
Gil X. WILLIAMS, Chancellor.
Reuben r. Thrall, solicitor for orator. "a