The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1857-12-23

ment of highway taxes.
MS hsreLy enacted &c.
| Sec l. All persons. when calIel upon for
highway tax by the surveyor of any district shall
elect whether they will pay in money or labor.
Sec. 2. All acts and parts of acts inconsis-
| tant with this act are hereby repealed.
Approved November IL, 1867.
No. 25.-An act relating to the du-
ties of highway surveyors.
II is hereby enacted, &c.
| Sec. I II shall be the duty of each highway
eurveyor, in addition to what is now required ia
section twenty-f Of chapter twenty-three Of
the compiled statutes, to 50 keep bis accounts rs
TO show the exact amount OF money received by
him in payment OF highway taxes, giving the
name Of each individual who paid money aud
| the amount paid by each IT shall also be his
| duty TO keep an exact account Of the time which
he spends in the secvice OF the district. with the
date of the times when such service was render
ed II shall also be his duty to keep an exact
account Of al the money paid out by him for the
benefit of the district, 10 whom paid, and ior
what purpose. All f which he shall render 10
the selectmen as provided In said section twcn-
tv.fve of chapter twenty three of the compiled
| statutes.
approved, November 10 1867.
No 26.--An act in addition to an act
entitled "an act to provide for win
ter roads," approved November lS,
1856.
His hereby enacted, &c
81 Whenever it 5 all appear to the select
men of any town that the public good will probs
bly, require the opening II winter road, and
that to mske the same practicable 1t is necessary
some preparation therefor shall be made before
| winter the selectinen shall have power at sui
able time TO cause the same TO be prepared for
| that purpose and upon hearing had. and notice
! TO the land owners shall award TO eseh such sum
! for damages occasioned by such improvement as
they shall adjudge reasonable.
"a If any land owner shali not accept the
| SUN so awarded by said selectmen for his or her
damages, such person shall have all the remedies
TO obtain his or her damages as are now provid-
| ed BY law for cases where the award Of he Sc
lsctmsn in the laying Of ordinary highways is
not excepted, and which are provided by chapter
twenty-five of the compiled statutes
S3 This act shall take effect from its passage
Approved November 10, 1851
No. 27.-An act in amendment of sec
ton forty FIVE of chapter twenty-five
of the compiled statutes, relating to
laying out and dscontinuing high
ways and bridges.
his hereby enacted &c.
81 When an application shall bs made as
! provided in chapter twenty-five of the compiled
statutes TO the selectmen 10 erect bridge across
any river, creek, OF stream between two towns,
il shall be the duty of such selectmen 10 make
their report in writing npon such aphcatlon WIN
in six months from the time the hnal hearing
upon such application /. had and IN case the
seectmen shall make their report in writing, and
therein deny the prayer OF the petitioners, aud
refuse 10 erect said bridge, the application may
be made 10 the county court, AT Their session next
to be holden offer the filing OF said report IN 'iis
manner provided IN said act
"a This act shall take effect IRON ts pas
sage
Approved November t, 1851
No. 28.-An act relating to the
Homestead.
II is hereby en0cted DC.
u. In al cases in which a homestead right
or interest exists in any property OF the value OF
! two thousand dollars or more, including such
| homestead, and such homestead cannot be set
out to the person entitled thereto in seyrralty
! without great inconvenience 10 the parties m
| ierested in such homestead or property, any per
son interested in such homestead or property may
apply 10 the court of chancery in the county in
which such property may be situated, by petition,
setting forth the facts respecting such homestead
and property, and praying for reliei IN the prem
ses; and all persons nteres ted in such home
stead or property shall be made parties To such
petition.
2. Upon the fling OF such petition, the Pc
titioners shall give security 10 the adverse party
for the costs of prosecution in the manner pro-
, vded by the rules and practice of The court OF
chancery in other cases and thereupOn the courl
shall issue subpoena 10 the defendants IN such
petition requiring them 10 appear before euct
court, on certain day named IN such peutlon
and make answer to such petition; and such pc
tition and subpoena shall be served not less thai
twelve days before the time HSed for such ap
pearance.
49, The court Of chancery may make sucl
| iuterlocutory orders in such cause as may be ne
I cessary to bring the matter TO speedy hearing
and il upon ihe hearing II shall appear that snci
estead cannot be set out in severalty win
out great inconvenience TO the parties Interested
In mob hon nF
order such homestead 10 be assigned TO the par
ties interested in the residue of such property
and thereupon require such parties TO pay mt
court for the benefit Of the parties interested
such homestead the sum of five hundred dollsrs
vhereupon such homestead shall cease and IN
right thereto in such property be extinguished.
~. Said court may, on such hearing on IN
| application of the persons interested IN sue
homestead order an assignment OF the interes
of the other parties in such property TO be mad
to the persons interested in such Homestead, o.
the payment by such persons OF the value
such interest to such other parties ov said eour
may order a sale of such property and homestead
for the benefit of all concerned II II shall aPpea
. necessary and for the interest oi the parties IN
terested so TO do and in such case the none
; realized from such sale, TO the amount OF nv
hundred dollars, shall be paid into court tor tn
a benefit of the persona interested IN snch nome
stead
Go Snch homestead money, 50 paid into eour
as 10 provided in this act, shall be paid TO 'h
per.on entitled thereto unless he shall be MAJ
ried man. in which case IL shah not be pad
n him without the written consent OF his wie, 81
n ecuted In the presence Of two Witnesses and &C
= knowledsed by her before magistrate to he ne
free and voluntary act
90. In every case in which homestead none
4, shall be paid into court, in any proceeding nnd'
this act, the same may be. by the persons enttle
' thereto, invested In new homestead woeth'
such money remains in court or has been pa
l., over as is provided in the proceeding section, OIL
such new homestead shall have the same imml
uities from the claims OF creditors and oths
that the prior homestead had and such inVes
. ment Of money in court shall be made under sue
u orders OF the court Of chaneeTy as shsll be ~
u cessary to secure the application OF such mon'
10 that purpose
~ In every case in which II shall appear
the court OF chancery, upon petition MED ~ u
II manner aforesaid setting forth the cause OF sue
!, application that II II is clearly for the interest
ali concerned that homestead shall De dispos'
Of the court may at any time after due nouee
ali interested therein and hearing, order SUI
homestead 10 lie sold or otherwise disposed
under such orders and restrictions as 10 'he o.
position of the same aud the money realized thsr
10 from as shall appear necessary or proper Al
"A such sale or disposition shall estngulsh so'
A. homestead. .,,,
"a IS. Whenever any person emitted 10 VI
q homestead money realized in any proceeding u
a der this act shall be All infant, married woman
. insane person the court shall make snch ofaei
10