Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1854-11-30


clare such person elected who shall receive |
majority of the votes given and such election
snail be by ballot, unless ballot shall be dis
pensed with by unanimous consent and the Of |
hcers so chosen shall hold their Offices until the
annual meeting in such fire district next there |
after to be held, and until Others are elected
Sec. II. This act shall take effect from its
passage.
Approved, November IL, 1854.
No. 8.-An act amending section seventy one
of chapter fifteen and section two of chapter
twenty of the Compiled Statutes in rela-
tion to the duties of town grand juror sand JUS
tices of peace
IL is he,e eby enacted by the General Assembly
Of the State of Vermont, as follO,os
Sec. l. Section seventy one Of chapter fifteen
of the compiled statutes is 80 amended as to
read as follows
1T shall be the duty of grand juror to en-
quire into and due presen tinent make to proper
authority, of all offenses which may come to his
knowledge, within the town for which he is
appointed, and also within any unorganized
town or gore adjoining said town, against the
the laws and peace of this State, which he shall
think the disign of the law, and tho good Of the
community require to be prosecuted; and when
ever any fine or penalty shall be imposed on any
person residing in any unorganized town or gore,
for any offense, or for the breach of any penal
law, said fine, together with the costs, unless
the same be otherwise disposed of by express
law, SHALL if the prosecution be commenced and
tried before justice Of the peace, belong to,
and to be paid into the treasury Of the county
in which said unorganized town or gore lies.
Sec. 2. Section two of chapter twenty-nine
of the compiled statutes is go amended as to
read as follows:
Every Justice of the peace, in tho month of
December annually shall deliver an abstract OF
the fines and penalties imposed by him the pre-
ceding year, to the treasurer of the town or cOun
ty to which such penalty shall belong, with
minute of the name of the person to whom the
execution or warrant for collecting such fine or
penalty was delivered"
Sec. 3. This act chall take effect from its
passage.
Approved, November IA, 1854.
No. 9.-An act in addition to chapter forty-fve
of tho Compiled Statutes entitled "levy Of
executions :"
1t as hereby enacted by the General Assembly
Of the State OF Vermont, as foHous;
Sec. l. Whenever an execution is extended
on any real estate situate in two or more ad jon-
ing towns, the same shall be appraised by three
iudcious and disnterested freeholders Of the
vicinity residing in either of the towns in which
part of such real estate is situate, who shall be
appointed i'll the same manner as is now provid-
cd by section twenty three of chapter twenty
five of the compiled statutes.
Sec 2. This act shall take effect from its
passage
Approved, November 2, 1854
No. 10.-An act in addition to chapter thirty
two of the Compiled Statues.
lis hereby enacted by the General Assembly
of the STATE Of Vermont as follows:
Sec. i. Debts due and owing in this State
from any person resident without this State, or
from any number Of persons, part or all of
whom reside without this State, having an au-
thorized agent resident within this State, may be
attached and holden by trustee process; and
service of such process against such trustees
made upon such agent, in the manner provided
for the service of writs of summons, shall bo
deemed and held as sufficient notice to said trus-
tees as reside without this State.
Approved. November IA, 1854.
No. ll.-An act to amend section seventy Of
chapter thirty y-one of the Compiled Statutes
IL is herebv enactcd By the General Assembly
of the State Of Vermont, as foHoics
Sec. l. Section seventy Of chapter thirty
one of the complied statutes is so amended as to
read as follows:
Whenever any writ shall issue as an attach
ment against the body, as is provided in sections
sxty-seyen and sixty-eight said chapter thirty
one. the debtor or defendant in said writ may,
at the time of service thereof on his body, no.
tfy the officer serving the same and cause no
tics Immediately to be given to the other party
or his attorney, that he will forthwith, on such
notice being given, ssappear, and thereupon he
may appear, or if the other party be not an in
habitant of this state, and no attorneys name
being endorsed on the back of said writ, he
may thereupon appear without notice, before
the authority singing such writ, and submit
himself to examination on oath and witnesses,
and other proofs may be introduced by the par
ties in said writ, on the question whether said
debtor or defendant is about to abscond from the
state, and has secreted about his person or else.
where money or other property; and if the
authority signing said writ shall not be of the
opinion that the said debtor or defendant is
about to abscond from tho state, and has ss-
GREETED about his person or elsewhere money or
other property, such authority shall 30 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 de-
fendant."
Approved, November IA, 1854.
No. l2-An act in relation to Liens and Chat
tells Mortgaged -,
his hereby enacted by the General Assembl.
of the State of Vermont, as tol9ops:
Sec. |. In all cases of sales Of persona
property where payment of the purchase none.
is by the contract of sale made Il condition pre-
cedent to the transfer of the title, and wher
the property has in pursuance Of the contrac
passed into the possession OF the vendee' an
where the purchase money shall have been Il
part paid, any creditor of the vendec may at
tach or levy his execution upon said property
and, upon payment, or tender, to the vendor
his agent or attorney within ten days after suc
attachment, or levy, of the residue OF suc
: purchase money, remaing unpaid, may hold tn
: said property discharged from the claim OF sue
vendor thereon.
7 Sec. 2. The officer making such attachment
, or levy, shall hold and dispose OF the said pre-
! perty in the manner now required by law
; respect to personal property attached or levia
} upon, and, if the same shall be sold, under an
: of the statutes of this state, the officer maxim
Y such sale shall first pay and satisfy to the sal
creditor to the amount by him paid, or tsnderet
y to tho said vendor as provides IN section one
this act, and the residue only shall be holden
, respond to the debt due to such creditor, for ii
satisfaction of which the said property was
] attached or levied upon.
Sec. g.. If the said vendor shall refuse
i receive the amount rendered to him,
# provided in section one of this act, and sha
J, commence and prosecute any suit on account
d such attachment, or levy, the defendant ma
n on the trial of such suit, and under the gene
i al issue, give such tender in evidence in bar
II such action and on proof thereof and payme