Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1858-12-11

nes, approved December 9th, 1853, and also mod
hyng chapter ninetythroe Of the compiled statutes.
II is hereby enacted, dc.
SEC. !. The said act of 1858 to which this
IS In addition, shall not be construed to impair
the right of any person to maintain boom
across said stream, so far as may be consistent
with the right to improve said stream and its
tributaries in such way as to perfect the right
TO tolls, as providedin said act Prorided how
ever, that no person shall be allowed to stop the
floating of lumber by boom unless when nee
essary for the due protection of the propertv of
such person, and when SO stopped, it shall be
the duty of the person so stopping to release
the lumber so stopped with all reasonable de-
spatch and care, in such manner as least to in
terfere with such floating.
SEC. 2 Nothing in chapter nnety-tbree of
the Compiled Statutes contained, shall be so con-
strued as to subject defendant in any court to
Judgment for damages exceeding the actual
amount proved to the satisfaction of the trier
or triers of the issue of fact unless from con-
sideration of bad bath in the defendant thus
proved, such damages. are proydededin Sec
ton i've OF said chapter, may be allowed.
SEC. 3. Without in any way effectine any
suit now pending, this act shall take effect from
its passage.
Approved Nov. %, 1858.
No. 46.-An Act to repeal an Act entitled "An Act
Tor the Draining OF Swamps and other low Lands"
Approved November eighteen, 1856.
II is hereby enacted, dc.
SEC. /. Anact entitled "An act for the drain
ing OF swamps and other low lands" approved
November 18th, 1906, is hereby repealed.
Approved Nov. 25, 1858.
No. 47.-An Act relating to Minors and Married wo-
men.
is hereby enacted, DC.
SEC. l. The Trustees or Directors of any
Savings Bank or other lnsti' tion for Savings,
may at their discretion, pa to any minor on
married woman, such sum may have been
deposited to his or her credit, and may be due
to him or her, as if such minor was of age and
such married woman unmarried. and the check.
receipt or acquittance Of such minor or married
woman shall be full discharge, for the amount
for which it is given.
SEC 2. No Savings Bank or other Institu-
ton for savings, shall be chargeable as Trustee.
on account of any funds deposited to the credit
OF any minor or married woman; Prorided, such
funds are earned by or belong to such minor or
married woman in their own right
SEC. 8. All acts or parts of acts inconsistent
with the provisions of this act are hereby re-
pealed.
SEC. A. This act shall take effect from its
passage.
Approved Nov %, 1858.
No 4s.mAn Act regulating the Salary of Railroad
II is hereby enacted, DC.
SEC /. The salary of Railroad Commission
er shall be five hundred dollars, which sum shall
be in full for salary of said Commissioner
SEC 2. This act shall take effect from its
passage.
Approved Nov. %, 1858.
No. 4s.An Act to Enforce certain Rules of the ver'
mont State Library.
II is hereby enacted, dc.
SEC. l. If any person shall violate any of
the rules which have been or may hereafter be
prescribed by the Trustees of the State Library
for the regulation thereof, such person shall be
hable to pay the State, for the benefit of said
Library, the several amounts and penalties by
any of such rules required and prescribed.
SEC. 2. All the aforesaid sums and penal
ties may be sued for andrecovered in an action
on the case, brought in the name of the State
Librarian.
SEC. 8. This act shall take effect from its
passage.
Approved Nov. 25, 1858.
No. 5o.-An Act in Addition to an Act Relating to
Witnesses, Approved November %, 1852.
1t is hereby e,'dcled dc.
SRC. /. No married woman shall be disoual-
flied as q witness in any civil suit or proceeding
at law or in equity, prosecuted in the name of
or against her husband, whether Joined or not
with her husband as party in the following
cases, to wit:
l. In actions upon policies of insurance of
property so far as relates to the amount and
value of the property alleged to be injured or
destroyed.
2. In actions against carriers, so far as re-
lates to the loss of property, and the amount
and value thereof.
3. In all matters of business transactions
where the transaction was had and conducted
by such married woman as the agent of her
husband.
Prorided, that nothing in this act shall be
construed to authorize or permit any married
woman to testify to any admissions or CONVEX
sations of her husband, whether made to herself
or to third persons.
SEC. .. This act shall take effect from its
passage.
Approved November 25, 1858.
No. 5l--An Act to repeal an act to provide for pub
fishing condensed edition of the Vermont Reports
II is hereby enacted DC.
SEC. l. The act to provide for publishing a
condensed edition of the Vermont Reports, ap-
proved, November eighteenth, A. ID. 1856, is
hereby repealed.
SEC. 2. This act shall take effect from its
passage.
Approved, Nov %, 1858.
No. 52.-An Act in addition to an act entitled "An
Act authorizing the seectmen of the several towns
to establish Fire Districts in certain cases." approx
ed, Nov. 18th, 1854.
II is hereby enacted, dc.
SEC. /. Whenever fire may occur in fire
district or town in this State, and application
shall be made to any officer or inhabitant of any
other organized fire district by any officer or
inhabitant of such district or town where such
fire occurs for assistance, it shall be the duty of
the chief engineer of the district to which such
application may be made to decide whether the
assistance requested shall be granted, and if
such assistance so requested is in the opinion of
such chief engineer proper to be granted, he
shall designate the engine and company to rem
der such assistance.
SEC. 2. This act shall take effect from its
passage.
Approved Nov. 25, 1858.
No. 63.-An Act Fixing an Uniform Time for Hold
ing the Annual School Meeting of the several