Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1845-11-27

SAID writ, on the question Wnetner Shlu ueDtOI vi
defendant is about to abscond from the State and
has secreled about his person or elsewhere money
or other property and if the authority signing said
writ shall not be of opinion that the said debtor
defendant is about to abscond from the State and
has secreted about his person or elsewhere money
other property, such authority shall certify on
said writ, and said writ shall thereafter have the
same force and effect as if it had originally issued
as an attachment against the property and not
against the body Of said debtor or defendant
Sec. z. The proceedings provided for in the pre-
ceding section shall be minuted on said writ, with
the costs of said proceedings, which costs shall be
taxed at the same rates as by law may be taxed in
cases brought before, and tried by justice of the
peace; and if said writ shall be mesne process the
said costs shah be added to and made part of the
costs to be paid by the party against whom final
judgment shall be rendered in the suit If the said
opinion of such authority on the question aforesaid
shall be against the same party; but it, on the ques
ton aforesaid said opinion shall be against the par
ty by whom judgment shall be recovered in the said
writ, the sum of damages and costs recovered by
such judgment shall be applied by the court render
ing such judgment in pigment of the costs of the
said proceeding provided in the preceding section,
and the party in whose favor the balance shall
stand, after such application, may have execution
for such balance as upon final judgment for such
sum against the other party.
Sec. 3. If the proceeding provided in said Sec
llOl OHc SndIl Dc nuu upon VIII VI tNcCullOl,
the said opinion of the authority signing the same
shall be in favor of the creditor in said execution
the said costs of said proceeding, being mnuted
thereon aforesaid, shall be collectable by virtue
of said execution in the same manner as the sum
for, which said execution was issued; but if said
opinion shall be against such creditor the said costs,
being minuted as aforesaid shall be deemed to
be deducted from the sum in damages and costs for
which said execution was issued, and the said exc
cuton shall be of force only for the collection of
the balance after the deduction of said costs as
aforesaid: Provided, that if said costs against the
creditor of such proceeding on said execution ex
coed the amount for which such execution issued,
the said execution shall be endorsed by said author
ty as satisfied, and said authority may issue execu
ton for any balance against such creditor in the
same manner as upon final Judgment
Sec. A. This act shall take effect from its pas
sage.
Approved Nov 5, 1915.
No 15.-An Act to repeal the laws giving
bounty on the destruction of bears, wolves, and
panthers. 1t is hereby enacted, &c.
Sec. l. So much of the Revised Statutes Sec,
ton of Chapter 90, as relates to paying bounty
for the killing of BEARS wolves, and panthers, is
hereby repealed.
Sec. g. This act shall take effect from its pas
sage.
Approved Nov. g. 1916.
No. l6.-An Act in addition to Chapter 40 of
the Revised Statutes. 1t is hereby enacted, &c.
On the application of any creditor who has failed
to present his claim within the utmost term prescrb
ed by the 5th 9Th and 9Th sections of chapter 40,
for extending and renewing the commission, the
probate court may, for good cause shewn, and at
the expense of the creditor, so applying, and on
such other terms as, in the judgment of said court
will protect the rights of all interested in the
tate the commission md allow n further
time, not exceeding six months for the commission
ers to examine said claim, in which case, the com
mlssloners shall notify the parties, and make their
return as directed in said 9TH section.
Provided, however, that such application be made
before the settlement Of the final account of admin
straton of the estate.
Provided, Also that such creditor shall not be en-
titled to payment of any part of his claim, unless
there be sufficient of the estate to first satisfy in
full all the claims of the other creditors
Approved Nov. 5, lS45.
No. 17-An Act relating to the laying out of
highways, in addition to chapter 20 of the Revised
Statutes. 1t is hereby enacted NC.
Sec. |. When the selectmen of any town shall
make their certificate, that highway is opened,
agreeably to the provisions of section % OF chapter
% of the Revised Statutes, entitled of laying out
and disseminating highways and bridges" it shall
be the duty of such selectmen, to deliver to each
O"HGT O lHe IdluS, through WHICH SUCH highway
is laid altered, if the owner be known copy of
such certificate within six days from the time such
certificate shall be left in the town clerks Office for
record. If the owner be not known, such notice
shall be delivered to the occupant of such lands if
any such be known.
Sec. 9. If no such notice be served upon the
owner or occupant, as above required, the person
interested in such lands may petition TO justice of
the peace of the same county, for the appointment
of commissioners nurppnhv IN tho proyiSnDS of
section Is of said chapter 20 of the Revised Stat
utes, at any time within one year after such certii
cate shall have been recorded.
Sec. 3. So much of section 16 of chapter 90 of
the Revised Statutes, as is Inconsistent with the
provisions of this act, is hereby repealed.
Approved Nov. 5, lS45.
No. lS.-An Act relating to attorneys at law 1t
is hereby enacted, &c.
Sec. !. If, in any action brought against any
attorney of the county supreme courts, it shall,
after judgment for the plaintiff therein be proved
to the court, before whom the suit shall be tried,
that the damages in said judgment were for money
hereafter collected in the capacity Of an attorney,
it shall be the duty of the court to adudge that the
cause OF action arose from the wilful and malicious
act or neglect of the defendant, and that the de.
PENDANT ought TO be confined in close Jail and is
sue execution against the body of the defendant,
with certificate thereof stated ill., or endorsed up
Ou uUleSS lHG court Snail De SdtS-
fled that the failure of such attorney to pay over
the money so collected shall have been accustomed
by accident and without the fault of said attorney.
And such execution, with such endorsement there
on, shall have the same force and effect in ac-
tons founded on tort.
Sec. 2. If the plaintiff praying out writ in any
action against an attorney, shall file with the au-
thority issuing such writ affidavit, stating that
the defendant is the receiver of money collected
by him, for the plaintiff in the capacity of an at
torney, which the defendant has neglected or re-
fused to pay over demand, and that his said ac
ton is instituted to recover the same-such writ
may issue as an attachment against, and be served
upon the body of the defendant
Approved Oct 20, 1915.
No. l9.-An Act relating to highways near the
line of adjoining towns. 1t is hereby enacted, &c.
When the public good or the necessity or con-
venence of the inhabitants, shall require high
20 ho loiA ,l,ot; :. hall