Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1857-11-27
SEQ. 2. All acts and parts of acts incon-
sistent with this act are hereby repealed.
Approved November IL, 1857.


sistent with this act are hereby repealed.
Approved November IL, 1857.
No. 25.-AN ACT relating to the duties oil
Highway Surveyors.
his hereby enacted &c.,
SEQ. /. 1t shall be the duty of each high.
way surveyor, in addti to what is now
required in section twenty-five OF chapter
twenty three Of the compiled statutes, to AZ
keep his accounts rs to show the exact
amount Of money received by MIN IN pay
ment OF highway taxes. giving the name VI
each individual who pad money and the
amount paid by each. 1t shall also be hi.
duty to keep an exact account Of the time
which he spends in the service of the dis
trict. with the date OF the times when such
service was rendered. IL shall also be III,
duty to keep an ex act accoun; OF all the mon.
ey paid out 10y him for the benefit Of the dis
trict, to whom paid and for what purpose
All Of wnicn he shall r. nder to tho select
men, as provided in section twenty-five u
chapter twenty-three OF the complied stat
utes.
Approved November 10, 1857,
No. 26.-AN ACT in ldti n toa act en-.
teicd Az hCt W p'oNih' iOt w lHbei
Rods" APPROX ID November Is, 1856.
NU hreby enacted, &c.
Sec. !. Whenever 1t sh.ll appear to the
selcctmen of any town that the public go ID
will probably require the opening OF
winter road. and to mako the same
practicable it is necess iry sons preparation
therefor shall be made before winter. the Sc
lee men shall have power at n suitable tim
to cause the same to be PREPARED for tina,
purpose and upon hearing had, and notice
to the lani owners, shall award to ei,h
such such sum for damages occasionei by
such improvement as they shall ajudgc
reasonable.
SEQ. 3. If any land owner shall, not accept
the sum so awarded by said selectnen Tor
his or her dam,gs, such psrson shall
have all the remedies to obtain his or her
damages as are now provided by law for
cases where the award Of the ssectm,n in
the laying Of ordin ,ry highways is not &C
oepted. and which are provided BY chapter
twenty-five OF the complied statutes.
Sec. 3. This sot shall taks efact from its
passage.
Approved, November 10, 1857.
No. 27.-AN ACT in amendment Of section
forty-fve Of chapter twenty-five OF the
Compiled Statutes. relating to laying out
and disseminating Highways and Bridges
IL is hereby enacted. &c.
Sec. /. When an application shall be
made, as provided in CHI, pter twenty-five OF
the compiled statutes, to the selectnen to
erect bridge across any river, creek, or
stream between two towns, It shall b, the
duty OF such selectmen to make their report
in writing upon such application within six
months from the ii ne the final hearing up
on snch application 10 had and in case the
selectmsn shall make their report in wri-
ting, and therein deny the prayer Of the
petitioners. and refuse to erect said bridge
the application may be made to the county
court, at their session next &c be holden al.
ter the fling Of said report, in the manner
provided In said act.
Sec Q. This act shall take effect Fl ON its
passage.
Approved, N,vcmber 1857.
No. 2s.-AN ACT relating to the Homestead.
h IS hraby enacted, &c.
Seo. ]. In all cases in which a homestead right
or interest exists in any property of the value Of
two thousand dollars or more, including sue
honstead, and such home, tead cannot be set out
10 the person entitled thereto in severalty with
out great Inconvenience to the parties interested
in such homestead or property, any person inter-
eeted in such homestead or property may apply T.
the court of chancery in the county in whion such
property may DO situated, by pet ton, setting
forth the facts respecting such homestead and
property, and praying for relief in the premises
and all persons interested in such homestead or
properly shall be male parties TO such pct, ton.
sec.2 Upon tho filing OF .uch petit m, the pc.
ttipners shall give security to the adverse party
Tor tho costs of prosecution, in the provi-
ded by the rules AMI practice Of the court Of
chancery a other cases, and thereupun the curt
shall tissue subpoena to the defendants in such
petition requiring them to appear before such
court, on a certain day name in such pot ton,
and make aDswer to such petition I; and such pc
tition and subpoena shall be served not less than
TIVE We days before the time fixed for such sp-
pearlnce.
see. g. The eour. Of chancery may make such
interic 'utory orders in snch cause az may be
essary to bring the matter 10 speed, hearing
and If upon tae he ring it shall appear that snch
b homestead cannot be set out in severalty without
great inconvenience 10 the parties interested in
such no ae,tca | or operty, the court may order
tuna homestead TO be assigned to tne parties in
erested in the residue of such property, and
theleupon require such parties TO pay into court,
for the beneht OF the parties interested in such
b ometteal, the sun OF FIVE hundred dollars
" hereupon such Homestead shall cease and the
right thereto IN suco property be extnsuished.
sec. 4. Said court may, on suoh bearing on the
homestead. order an assignment Of the interest Of
The other parties in such property TO be made to
he persons Interested IN tuch homesteai, on the
payment by such persons OF the value of such in
srest to sucn other parties ; or such court may
rider sale Of such property and Homestead, for
oe benefit Of all concerned, lift shall appear
'sssry andfor tho interest Of parties interest
I'd % 10 do and in such case the money realised
rom such sale, 10 the amount Of Eve hundred
dollars, shall be paid into co .rt for the benefit Of
he persons interested in such homestead
300. 5. such homestead money, so paid into
curt, as 10 provided in this act, shall be paid to
hs person entitled thereto, unless he shall be q
married man. In which case IL shall not be paid
o him without the written consent Of his wife. |
Ieeutsd in the presence of two witnesses, aud
cknowlsdsed by her before una gistra:e to be !
sr free and voluntary act.
Bee 6. In every case in which homestead mon. !
y shall be paid ipto court, IN any proceeding
er this act, the same may be- by the person emit.
led thereto, invested in a new homestead, wheth-
= such money remains IN court, or has been paid
yer a. is provided in the preceding section, and
mob new homestead shall have the same immuni. !
les from the claims Of creditors and others that
DO prior homestead had; and suoh investment Of |
honey In court shall be made under such orders |
the court Of ehancery as shall be necessary 70 |
cure the application of such money to that par- |
ose.
Eco. I. In every case in which 1t shall appea
o the eou Of onansery, upon petition fled in the
,anner Aforesaid, set ing forth the Of such
ppiication. that il is clearly tor the nteres OF all
onecrned that homestead shall be disposed OF, |
SO court may, At any time after due not % IL all
,teyested therein and hearing, oruer suca home |
eed to be sold or otherwise disposed OF, under |
lob orders and restrictions as to the Disposition
the same aud the money realised thereirOm as |
,all appear necessary or proper, aud such ,ae or
isposition shall extinguish such homestead
sec. &. Whenever any person entitled to any |
omestead money realized III any proceeding under |
lis act soall be an infant. In irrisd woman or in
sne person. TIE court shall make ,uch order as to
10 payment Of such money SIS by Its general juris.
lotion 1t has power TO do IN other cases.
Sec. 2. This act shall take effect from its pas |
age.
Approved November 10. 1857.
70. 2s.-AN ACT relating to the Homestead.
n " hereby ssaetsi, r..
Sec /. When aty married woman, whose hus- !
aud o~ ms auy real estate in this state IN which |
10 wife L as homestead, anu said vat. snail have
cen insaDp one whole year next preceding, AM