Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1853-12-30

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provisions of the will respecting the trust
fund.
Approved, November lS, 1859.
No. 26. AN ACT TO prevent the improper
and unlawful use of property held in trust.
! IL is hereby enacted &c.
SEC. |. In any action tried in any court in
this state, against any person or persons, fol
the recovery of money or other property, by
such person or persons held in trust, or in any
fiduciary capacity if it shall appear to the court
before whom such action shall be tried that
any defendant or defendants converted said
money or other property to his or their own
private use, or diverted or misapped the same,
or the use thereof, from its proper, Legitimate
and legal destination it shall be the duty ct said
courl to adludge that The cause of aption arose
| from the wilful and malicious act or neglect
of such defendant or defendants, md that such
defendant or defendants ought to be confined
in close Jail, and issue execution against the
body of such defendant or defendapi9, with a
certificate thereof stated in or endorsed upon
such execution, unless the court shall be salts
fed that the failure of such defendant or de-
PENDANTS, to account for the money or other
property aforesaid, shall have been occasioned
defendant or defendants and such execution,
with such statement therein or endorsement
thereon, shall have the same force and effect
as in case ofexecutions issued upon judgments
founded upon tort, with like statement there
IN or endorsement thereon.
Approved, November 26, 1853.
No. 21-AN ACT to amend " an act to pre-
vent the traffic in intoxicating liquors for
the purpose of drink king approved No
vembcr 23, 1859.
IL IS hcreby enacted, &c.
SEC. /. The words " gre array" wherever
they occur in tho act to which this is an
amendment, shall not be construed to apply
to the giving Of intoxicating liquors at pri
vate dwellings, or their dependencies, unless
given to an habitua drunkard, or unless such
dwelling or It's dependencies, as the case may
be, shall become "A place Of public resort,
SEC. >. In all cases Of appeals arising
under this act, or the act to which this is an
amendment, the bond required to be given by
the appellant shall be in such sum and with
such suretics shall, in the opinion of the
court before whom the case shall be tried, be
good and sufficient instead of the specific sum
now required. And SO much of said act as
requires bond to be executed by party ap-
pealing from the decision Of justice, CON
ditioned that during the pendency of the APP
peal he shall not violate the provisions Of said
act, is hereby repealed
SIC. 3. No agent, appointed in pursuance
of the provisions Of section three Of said act.
shall have power to bind the town for which
he is appointed such agent in any sum what
ever, for this purchase Of intoxicating liquor
to be sold by him for the purposes therein
named, unless by direction or permission of
the sclcctmcn Of such town, or unless he shall
deposit with said sclcctmcn u good and suf-
ticicnt bond in the sum Of five hundred dol
lars, conditioned that he will faithfully exc
cute the duties of his agency, beyond which
sum he shall have no power to bind the town.
SEC. 4. So much of section twelve of the
act to which this is an amendment, as pro-
Nides that if the owner or keeper of liquor
seized under said section - fail 10 appear, or
shoW by satisfactory eridencc, that SAID liquor
is not intended for sale contrary to III, pror,s-
IONS Of his act, D." and the clause next follow
ing the same, is hereby amended SO as to read
as follows If he fail to appear, or if it be
shown by satisfactory evidence that said
liquor was intended for sale contrary to the
provisions of this act, unless such liquor is of
foreign production and has been imported
under the laws of the United States, and i'm
d'coIuiilcc tHcTcNItH, anu Is contained III the
original packages in which it was imported,
in quantities not less than the laws of the
nitcd States prescribe, such liquor &c.
SEC >. 81 much of section twelve afore-
said as gives authority to the court, under
the circumstances therein named, to impose
Il fine upon the owner or keeper Of liquor
seized under the provisions of said section, if
such owner or keeper fail to appear, is hereby
repealed.
SEC =. So much Of section fourteen of the
act to which this is an amendment, as provides
for adjudging person Il common seller under
the circumstances named in that section and
80 much of section fifteen as provides for i'm
posing an additional tine Of ten dollars in case
Of conviction on appeal under that section
and also the whole OF sections twenty,thrce
and twenty-five of the act to which this is an
amendment, are hereby repealed.
SIC. :. In all trials for offences against
this act, or the act to which this is an amend
mcnt, the respondent shall be entitled to
trial by Jury and no person shall be disqual-
ihcd to SIT asa Juror III any case arising under
this act, or the act to which this is an amend
mcnt, by reason Of any interest he may have
AS an inhabitant Of the town prosecuting the
suit.
SEC, s. If the agent of any town in the
State shall be guilty of selling intoxicating
liquors at an exorbitant profit, whether by
direction of the sclcctmcn or otherwise, it
shall be the duty of the county commissioner
for the county in which such agent resides,
on application Of three legal voters of such
town, to ascertain whether such agent is
guilty of SO selling, and if 50, to forthwith
yacate and annul his license,
SEC. .. So much of said act as relates to
the manufacture, sale and use of cider, is
hereby repealed Provided, however, that no
person shall sell or furnish cider at OF in any
Nlctualling-housc, tavern, grocery, shop or
cellar, or other place of public resort, nor
shall any person sell or furnish cider to an
habitual drunkard, under any circumstances
And if any person shall violate the provisions
of this section, he shall forfeit and pay to the
treasurer of the town where the offence is
committed, fnc Of ten dollars for each
offence.
SEC. 10. If the sclcctmen of any town, or
the mayor and aldermen of any city, in fixing
the compensation of any agent for his ser
vices, shall give or agree to give to such
agent the profits which may arise on the
"A 4lpan nI ha h.,, ~