The northern galaxy. [volume] (Middlebury, Vt.) 1844-1848, 1845-11-25

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haohants OF such village, OF any of them, at
tneir own expense, to inclose with a fence,
and plant with trees and shrubbery for shade
or ornament, such part ofany such square or
common, as public utility or convenience
may require, with suitable bars or gates for
foot passengers to pass and repass thereon
aud as far also as TO enable such selecimen
to sue and prosecute, for injuries thereto, in
the manner hereinafter provided.
Sec. =. If any person or persons shall
willfuly, aud without leave or license, from
the selectmen of the town in which any such
public square or common may be situated
destroy, throw down, or injure any part Of
the fence, bars or gates inclosin the same,
or cut down, destroy, injure, or carry away
any tree or trees, shrubbury, or grass grow
ing thereon, or do any damage by subvert-
ing or digging up the soil thereof, or turn anv
cattle thereon, the person or persons 50 COM
uniting any fsuch acts shall be liable To
pay treble damages fur the injury thereby
done: and the selectmeu of such town shall
have the right, and are hereby empowered.
III the name of such town, to institute, main
tain, and prosecute tn final judgment an ac-
ctlon Of trespass for the recovery of such
damages before any court proper to try the
same: which damages, when recovered, al
ter deductng the reasonable expenses incur
red, if any, if over aud above the costs taxed
and allowed in uch suit, shall be applied in
repairing such square common or other
wise improving The same.
Approved October 81, Isis.
No. 13.-An Act TO facilitate the render
ing Of Turnpike II Dads. Free Roads. 1t is
hereby enacted. &c.
Sec. l. On the application of the agent
Of any Turnpike Company within this Safe,
it shall be the duty Of the Turnpike Inspec-
tors in their respective counties TO divide
such Turnpike Road into sections, apportion-
ing to each gate, if there be more than one,
All equal part having regard TO the expense
Of making and keeping the same in repair.
Sec. ,. 1t shall be lawful for any town or
towns to purchase of said Turnpike Com
pany the whole or any section or sections Of
| such Turnpike Road so divided, situated
within the limits of said town or Towns, for
the purpose Of rendering the same free, aud
Ihereupon such Road, or section or sections
ofsuch Road so purchased, shall cease To he
corporate property and become county or
town road as the case may be.
Sec. >. The town or fowls so pnrchas-
ing said road may, if necessary to effect the
object proposed, dc mand and receive the lc-
gal toll, at the gate or gates Oh tho road so
purchased, until the same shall reimburse
the purchase money. they assuming all the
duties and liabilities of the original corpora
ton: Provided, that such right Of toll shall
in no case exceed the term Of five wears from
ii time Of such purchase.
A h., Il
preme and county courts by the act cut tied,
an act relating to highways passed NoveID-
her 10, lo30, to lay Il highway on the whole
Of any Turnpike road shall extend to the lay
lug of "A highway on any section or sections
Of any Turnpike road so divided as aforesaid,
any thing in the said act to the contrary not
wthstandinr.
Approved October %, 1915.
No. 14.-An Act in addition TO Chapter
% Of the Revised Statutes. entitled .of pro-
cess 1t is hereby enacted, &c.
Sec. l. Whenever any writ shall issue as
an attachment asgins, the body as provided
IN section GO, of said chapter % and the act
constituting the Term writ passed Nov Ist
1913, the deh;or or defendant in said writ
may, at the time of the service thereof OH
his body, notify the officer serving the same,
aud cause notice Immediately to be given TO
The other party thai he will forthwith on such
notice being given appear. aud Ihcreupon he
may appear before the authority sigring such
writ, aud submit himself to examination on
oath. and Witnesses and other proof NAV be
introduced by the parties in said writ, on the
question whether said debtor or defendant is
dhont to ahscond from the State and has Sc.
GREETED about his person or elsewhere money
or other property; au;l if rhe authority sign .
Ing SAID viii shall not be OF 0piGiOn that the /
SAID debtor or defendant is about TO abscond
from the State and has sccreicd about his
person or elsewl here money or other prop
erty, such authority sh,ll 81 certify on said
writ aud said writ shII thereafter have the
me force and effect as lit had originally
ssued Il an attachment against the properly
and not against the body Of said debtor or de-
enlant.
Sec. ?. The proceedings provided for in
he preceding section shall be ninured on
'aid VT t. with the costs of said proceedings,
which costs shall be taxed at the same lates I
is by law may be taxed in cases brought be- ;
ore, and tried by Justice Of the peace
md if said writ shall be mesne process, the {
aid costs shall be added TO and made par q
# the costs to be prid by the party against ;
, HON final Jud gInenr shall be rendered 10 I
he suit, il The said opinion ofsuch authority s
N The question aforesaid shall be against the /
aid party but if, on the question aforesaid. ;
aid opinion shall be against the party hy h
'hom judgment shall be recovered in the y
aid writ, the sum Of damages and costs re. .
overed by such judgment shall be applied b
y the court rendering such judgment in pay
nent of the costs of the said proceeding pro- Il
ided in the preceding section, and the party a
" hose favor the balance shall stand, after IL
UGH app ication, may have execution for II
uch balance as upon final judgment for
nch sum against the other party.
Sec. 3. If the proceeding provided in
aid section one shall be had upon 4 writ Of
xecution and the said opinion of the au- ~ =.
loriry signing the same shall be in favor Of II
ie creditor in said execution, the said costs .
said proceeding. being so minuted thereon " "
aforesaid, shall be collectabe by virtue of .
lid execution in the same manner as the "
I'M for which said execution was issued -
1t il said opinion shall be against such credi- =.
II, the said costs, being 50 minuied as afore- ~
i'd, shall be deemed to be deducted from :,
% ann in damaoes aud coSta f,r vh;cb sa;I va