Windham County Democrat. [volume] (Brattleboro, Vt.) 1836-1853, 1849-11-28

No. SAN act providing for damages as a coms
pensaiion when death is caused by wrongful act
neglect or default.
II is hereby enacted dy The General assembly of The
Sfoie Of Permonf, foHoics
SEC l. Whenever the death Of person shall
hereafter he caused by the wrongful act, neglect,
or default of any person, either natural or artificial
and tho act neglect or default is such would if
death had not ensued have entitled the party niur-
cd to maintain an action and recover dahages IN
respect thereof ahen, and in every such case, the
person or corporation who would have been liable
TO such action, if death had not ensued shall be
liable TO an action for damages notwithstanding the
death Of the person injured, and although the death
shall have been caused under such circumstances as
shall amount in law TO q felony.
SEC. 2. Every such action shall he brought in
the name of the personal representative of such de-
ceased person, and the amount recovered in such
action shall he for the exclusive benefit of the wild
ow and next of kin of such deceased person, who
/ shall receive the proportions provided by
law for the distribution of the personal estate Of
persons dying intestate.
SEC. 3. In every such action as herein before
provided, the court of jury, before whom such issue
shall be tried, may give such damages as they may
deem just, with reference TO the pecnniary injury
resulting from such death to the wife and next Of
| kin of such deceased person. Provided, That
every such action shall he commenced within
two years from the decease of such person.
SEC. 4. This act shall take effect from its pass
age. approved, November 9TH, 1919.
No. 9.-An act in addition to chapter one hundred
aud three of the Revised Statutes relating TO inn
prisonment.
IL is hereby enacted By The General assembly Of The
Slate Of Vermont, as foHowS:
/ SEC i. No keeper of Jail shall be liable for
any escape Of prisoner, committed to Jail, on
mesne process, provided such keeper shall have
such prisoner forthcoming, TO be charged in execu-
lion as provided in chapter one hundred and three,
section sixteen of the Revised Statutes.
SEC. 2. In any action against such Jail keeper,
privileges o. denTering up the r1sonlr5 81 ~ .i'.
ia, in fiiSChn Of his
bility which are, by law, given TO persons who
dorse original wrs, BAIL with reference TO their
principals. Approved, Nov. l2th; l949
No lO-An act in amendment of an act relating to
divorce.
is hereby enacted by The General assembly Of &e
State Of Vermont, .folOt0S
SEC l. The second providing clause in an act
entitled "An act in relation to divorce" approved
October 81, 1885, is hereby repealed.
r Src. 2. The libeant petitioning for divorce,
under the provisions of said act, SHALL at the time
: of filing the petition, be inhabitant of this State
Approved November 13th lel9.
; No 1I.-An act in addition to section thirteen,
chapter orty-two, OF the Revised Statutes, re lat
ing to exemption from attachment and execution.
IL is hereby cnacied By The General assembly Of The
Stale Of PermOnt, as folloicS:
, In addition to the articles exempt from attach
, ment and execution, in section thirteen, chapter
(orywo of the Revised Statutes, all grave stones,
ettered shall hereafter he exempt in like manner.
Approved, November 18th, lS49
/ No. 12-An act elfectually TO prevent trespas-
n in certain cases.
IL is hereby enacied 6y The General assembly Of the
- State OF berm0Ht, rs f0uOicS: 80
= II any person shall cut down, destroy carry
away any tree trees whatever, placed or growing
for use, shade, ornament; any timber wood;
or underwood, standing, lying, growing on the
land Of any other person, without leave or license
- from the owner or owners of such land or shall
i,f.,u 81, i
milllog logs, other valuable timber, in any
river in any other place, the party injured shall
have right TO recover Of the person so offending in
- any proper TO try the same, treble damages,
~ by action founded on this statute, together with
y costs of prosecution.
70 ProUided, That if upon trial of any such action it
r, shall appear by evidence that the defendant
i guilty through mistake, or that he had good reason
IN TO believe that the lands on which the trees, timber
: or underwood so cut, destroyed, or carried away,
> were his own, in such the court having cogni-
zauce of the cause shall give judgment for The
n plaintiff TO single damages only and costs
m of suit. Approved, October 3lst, lo49,
nr No. 13-An act concerning railroad corporations
~ His hereby enacted by the General assembly Of The
p Stale Of Vernont as fottotcs
= Sec. !. In every where railroad company
a have entered upon, taken possession of and used
g land and real estate for the construction and accom-
1r mediation Of their railroad; and in every case
-, where rairoud company have, by their engineers,
agents servants with teams, carriages, and tools,
II; or otherwise entered upon land contiguous their
4, railroad, or the works connected herewith and
Ia dug, blasted and carried away and used any stone,
-, gravel earth, taken any other materials 10
10 in the construction of their road, and shall not have
70 paid the owner therefor, nor within two years from
N such entry had the damages appraised by commits
Is soners and an award made and duly delivered, the
% ordinary courts of law shall have jurisdiction there
40 Of 10 wit: justices Of the peace if the claim does
not exceed one hundred dollars and the county
- court if the claim is one hundred dollars and
IA any person, claiming damages in such case, may
~ bring suit therefor, in the usual FORM at any time
within six years from such entry and plea or no.
m ce of justification Of the entry, under by virtue
~. of the act incorporating such company shall not
Of bar the suit but the plaintiff in any such case, shall
M recover only his actual damages.
To- SEC g This act shall take effect from its pass
ms age Approved, November lOill lo49'
so No 14-An act in amendment of act relating
M TO common schools, approved November 5, 1915.
II is hereby endcted by the General assembly Of the
Of Stale of Vermont as foliOws:
SEC l. All sections and parts OF sections OF san
f act relating 10 common schools" approved Noyem-
he her s. 1885, which relate 10 the appointment, duties
-" and compensation of county superintendents OF
Sc common schools, are hereby repealed.
SEC. 2. The state superintendent shall be re-
qured to devote his time and energies 10 the great
no work of improving the common schools of me
state and in addition the duties assigned 10 1Lk
tb by the seventh section Of an act relating tSc6mmou
schools approved November ;, lS45, he shall visit
IL, and lecture IN the several couDties of the State
or shall attend, far is practicable, the teachers
w institutes, hereinafter provued for, and deliver Of
Ia cause be delivered before said institutes lecture
abpolI