The voice of freedom. [volume] (Montpelier, Vt.) 1839-1848, 1847-12-09

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Sec |. If, in any proper action now pending, or
which may hereafter be commenced, for the recov-
ery of damages for any bodily hurt or injury, occa-
stoned to the plaintiff by the act or default oil the
defendant or defendants, either party snail decease,
during the tendency of such action, such action
shall nevertheless survive and may be prosecuted
to final Judgment, by or against the executor OF ad-
minstrltor of such deceased party, as the case
may be,
P,'ovided That whenever there are several de,
PENDANTS in any such action, and one or more, but
not all such defendants shall decease, during the
tendency ofsuch action, the same shall be prosecut-
ed against the surviving defendant OF defendants
only
Sec g The cause of action mentioned in the
preceding section, when the same shall arise here
after, shall survive, and the action may be com
menced and prosecuted, or when commenced in the
life time of the deceased may be prosecuted by or
against the executors, or administrators OF either
party, deceased; and when commissioners shall be
appointed for allowing claims against the estate OF
deceased persons all claims on which such action
might be founded, may be presented and prosecuted
before such commissioners, in the same manner as
any other property claim.
Approved Nov. 49, 1917.
AN ACT to amend section thrty-four of chapter
twenty-one Of the Revised Statutes, relative to nu-
isances and distractions i'll highways.
II is hereby enacted, &c.
Sec. l. If any person shall enclose any part of
the highway, in any town, shall erect any fence
building or other encroachment, or make any OBJ
struction, or put any nuisance Oh any highway, or
shall continue any such enclosure, fence, building,
encroachment Or nuisance on any highway, the Sc
ectmen of any such town may, by their order re-
quirc such person to remove such fence, building
encroachment or nuisance, within such convenient
time as they shall think reasonable, not exceeding
six months, and give notice of such order to thoper-
son offending; and if such fence building, nuisance
or other encroachment shall not be removed within
the time limited, the person offending shall forfeit
and pay to the treasurer of the town, penalty of
five dollars, for every thirty days he shall neglect to
comply with such order Of the selectmen, to be APP
propiated to repairing highways in such town, to be
recovered in an action on the case, in the name Of
such town, with cost which action shall be COM
menced within six months from the time said penal
ty may be incurred, and not after; and the select
men may also remove such fence, building, nuisance
or other encroachment at the expense Of the person
who erected, caused or continued the same; which
expense the seectmen may recover of the person
so offending, with cost in an action on the case in
the name Of the town, before any court proper TORY
the same, provided that after such removal, no pen
atty as aforesaid, shall be incurred.
Sec. O. Section twenty-five Of chapter twenty
one Of the Revised Statutes, is hereby repealed.
Sec. 3. This act shall take effect from its pas
sage.
Approved Nov. IS, 1917.