Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1853-12-22

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 misapplied the same, or the use
thereof, from its proper, legitimate and legal des
tination, il shall be the duty of said court to ad-
Judge that The cause oi action arose from the
wilful and malicious act or neglect of such de-
fendant or defendants, and that such defendant
or defendants ought to be confined in close Jail,
and issue execution against the body of such
defendant on defendants, with certificate thereof
stated in or endorsed opna such ecutOn, unless
the court shall be satisfied that the failure of such
defendant on defendants, 10 account for the mon
ey or property aforesaid, shall have been occa
stoned BY accident, and without the faul, of such
defendant or defendants; AID such execution,
with such statement ,hereia or endorsement
thereon, shall have the same furce and effect as
in case OF executions issued upon judgments
founded upon tort, with like statement therein
or endorsement thereon. ,,.a.. .c
Approved, November &c, 1853.
No. 28.--An act for the advancement Of the
science Of medicine and surgery.
His hereby enacted &c.
SEC. |. Any surgeon or physician may have
in his possession the dead human subject, for
the purpose of anatomical investigation and in
struction Of students, if such subject shall have
been obtained without violating the laws OF this
State. 81 ara rf-
Sec.2, In case any person shall be execnt-
ed in this State in pursuance of the seBence OF
death for crime, il shall be the duty OF the sher-
III officiating 10 such execution to deiiser the
dead body Of the person so executed, to the du-
" antllofiz'd agent OF any regularly organized
medtcst swuuot applying for the same in this
State: aud in case application shall have been
made therefor briure such execution by more
,h'u sc!p said sheriff shall determine
h { said >ch,ml shall be entitled thereto,
cd a. h. rrne accordingly to the agent
theIe..' MD II application shall not be made by,
"r on behalf Of, any such school for said body
w,,hin the day on which said execution shall
take place, said sheriff shall deliver the samu 10
any surgeon or physician, residing in this State,
first appl, ing therefor. And if said sheriff shall
have received al the same time an application
from more than one surgeon OF physician, said
sheriff shall determine which Of said surgeons
or physicians SO applying at the same time shall
be entitled thereto, aud shall deliver the same
accordinel y: Proridtd, however, il any relative
of the person SO executed shall, within twenty
four hours after such execution, apply for such
body or object to it's being delivered, as herein
authorized, said body shall not be so delivered,
but shall be in,crre, in the usual manner OF
burying The dead.
Sec. 3 II any surgeon or physician, or 9th
er person, shall by way Of gift or bequest, or
otherwise. direct that his body, after his death,
shall be delivered to the officers Of any nedlcA
school in this State, or to any surgeon or physi-
clan residing within this State, any such officer
or such surgeon or physiciaD may receive aud
use such body for the purposes of anatomical
investigation and instruction: Provided howcv-
err # any relative Of such person shall, within
twenty four hours after the death OF such person,
object to said body being SO delivered, the same
shall not be SO delivered. but shall be inferred
in the usual manner Of burying the dead.
Approved, December S, 1858.
No. 29.-An act relating to the building and re-
pairing OF fences.
us hereby enacled &c.
Sec. |. All fences four and ha f feet high
in good repair, and all lakes, ponds, rivers brooks,
creeks hedges or bitches, or other things equiv
aleut to such fence shall be deemed legal and
sufficient, except fences OIL the sides Of high
ways, which the owners of lands are not bound
10 build and ustain, aud all occupied land Dor
dering upon highways shall be deemed to be The
enclosure of the owner or occupant.
Sec. g. Each of the owners of adjoining
lands or others occupying, shall make and main
tain equal portions of the division fence between
their respect We lands, except such land as the
owner or owners thereof shall chose to let lie
vacant and common.
Sec. 3. Any person or persons, owning un
cultivated, unImproved lands, and shall choose
10 let the same remain open and common, shall
not be compelled 10 fence the same.
Sec L. Whenever the lands Of two or more
individuals shall be so situated that either party
may not be compelled to build ard keep IN re-
pair fence on the dividing line between then
lands respectively by reason ct open or unoccu
pied lands or highways lying between, eacf
ewner or keeper shall be liable Ter all damages
done on the occupied lands OF others, by reason
ofany animal estraying from his lands and taket
on the unoccupied lands Of others.
Sec. 5 Whenever one OF the owners o. al
Joining lands, or others Occupying, who doe
not choose TO let his lands lie vacant and common
as above provided, shall neglect to build or keel
in repair his equal proportlon OF any fence OF
the dividing hue Of such lands, such person shal
be liable for all damages done to or suffered by
the opposite party in consequence OF s"ch neg
damages, may after ten days from notice gveI
TO the opposite party, make or put In repair SAT-
fence, and recover OF The persnn who Is required
TO make and keep in repair said fence, the III
amount Of damages arising from such neglecI
together with the value for the building an
repairing said fence.
See 6. Whenever the lands OF two or NOR
individuals shall be lying without division fence
neither party shall put any horses, Cattle shee
or swine, or other animals thereon TO pasture o
u 10 run at large, until such owners or DINER DC
cupyng shall maturity agree u occupy sait
land without DIVISION fence aud IN common.
Sec. T. Whenever the dividing line betwee
Che lands Of any person shall De 50 situated
that fence cannot be built thereon, by reaso
~ If water. or otherwise and the owners of auci
d uts caunot agree Oh place 10 build the SAINT
her party may apply to the fence viewers {
nv tie tows where said land is situated, who, alto
wing reasonable notice to the opposite part
Nshall det rnino where such fence shall be bull
no much. and what part, each shall build af
- maintain. which dccision shall DO as hnai d
4 tween the perties as if it was ordered
be built on the dividing line between u
lands of the respective owners; and IN eve
such case it shall be The duty OF the fence vie'
ers 10 establish the line of such fence as no
the line between such lands as, in their opn'o
will be practicabe and each owner Of the LAT
at the time Of such division Of the fence, SIN
ever after be- deemed in possession OF any pt
ton Of his land enclosed with that Of the 9th
owner in consequence Of such division an
should any disagreement arise in relation to 4
occupancy OF such lands, the same shall
settled and determined by The fence viewers
the town where the said lands are situate
who shall. on the application of either par
after giving suitable notice 10 the opposite par
decide all such matter Of disagreement
Sec. 8. Whenever one or more o the ownt