Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1859-12-09

in evidence, the same may be taken at any reason
able time after suit commenced in whatever cour
such sgIt may be pending. OF while such sui
Is on passage from one court to another
and when SO taken, agreeably to The forms of law
shall be admissible in evidence as in other case
now provided.
Sec. 2. Iu the caption and certificate Of an,
deposition. it snail be sufficient description o
the time and place Of trial to describe the suit
peniing in the particular court before which tn
same is 10 be heard and tried
( Approved November 81 1889
No ls-AN ACT in amendment of section
fourteen, Chapter forty-seven Of the compiler
statutes.
Is kere5v Enacted Sc:
Sec. !. Section fourteen Of chapter forty-ssvel
Of the compiled tatute, shall be So amended &
read as foil ows:
When a witness, whose testimony is necessary
to be used before any probate court, shall reside
out Of this ,tste. oat Of the probate district il
which his testimony is t. be used, or by reason Of
age or bodily nfrmity, shall be unable TO attend
in person, the court may issue commission tc
cnc or more competent persons 70 take the tesu
mony of such witness; and cCpositions taken
aeco ruing To- the provisions Of the law for taking
dispositions 60 be used the trial Of civil causes,
NAV be used on the trial a. any question before
the probate court, when such testimony may be
| proper.
approved November p, 1883.
No. Ia.-AN ACT exempting certain property
! from attachment and execution.
p Is hereby enacted &c:
Sec !. Among the articles now exempt from
attachment and execution there shall in like
manner be exempt one yoke Of oxen or steers, as
! the ebtcr may select, with sufficient forage for
/ keeping the same through one winter.
Sec. .. Til. act shall not be SO construed as to
t1lv .ffa or in
| an action on any contract heretofore made.
Approved November p, 1859.
No. 20-AN ACT in addition to section five,
chapter one hundred and ten Of the compiled
statutes.
Il IS hsr,bv enacted Sc:
Sec. !. If any person within the state shall
sell or dispose Of any property, real personal,
by way Of chance; shall sell any such property,
and as an induccment either directly or indirect
ly, to such sale shall give, furnish or supply the
purchaser OF any other person with any other
property. either real or personal, to be drawn
/ asecrtained by way Of chance or lottery, OF
Slall in any manner by way OF chance or lottery
make the selling, furnishing or gvngaway Of
any such property, be dependent either directly OF
Indirectly, upon the purchase of any other pro-
perty, he shall be punished as provided in section
five, chapter one hundred and ten Of the compiled
statutes.
Approved November q, 1883.
No 2l.-AN ACT respecting malicious injuries.
II as hereby enacted Sc
Sec. /. Section twenty-eight of chapter one
hundred and four of the compiled statutes is so
amended 10 read IS follows
If any person shall wilfully and maliciously and
clandestinely cut down, girdle, OF in any way de-
stroy render useless any fence fruit tree
or trees, the land OF any private person or in
any highway or public common, or cut down any
grass, hay, corn, other grain Of another person
shall wilfulIy and malicously and clandostinely
cut down, carry away, or destroy any bars gates
rails, fences, or sha ! wiifully and maiciousy
and clandestinely cut, break, injure any sleigh.
coach, hack, chaise gig, wagon, OF other carriage
for the conveyance Of persons, or shall wllfully
and maliciously and claRdestiL. Y cut, break, or
njure the harness of any such sleigh coach, hack
chaise, gig wagon, or other carriage for the CON
veyance of person. OF shall wi1fully and malicious
ly and clandestinely injure or destroy any other
goods OF chattels, the property Of another, which
by law is the subject of la reny, every person SO
offending shall be punished by imprisonment in
the state prison not more than ten years OF by
fine not exceeding five hundred dollars OF both
of said punishmens, IN the discretion of the court
Sec. p Every justice, within the county where
he resides, shall have jurisdiction Of the offences
mentioned in the preceding section where the in
jury shall not exceed seven dollars and may SEN
tence the person convicted to pay a fine not ex
ceeding TWEEN Y dollars, OF 70 mprisonment in the
county Jail not more than three months. When
the injury in such case does not exceed dol
lars the jurisdiction Of the county court shall be
concurrent with that Of the justice provided that
the county court for such offences where the
jurisdiction is concurrent with that Of
justice, shall impose only such penalties as jus
tices may impose for the same offences.
Sec 3. n justice shall bind over for trial any
person charged with either Of the offences named
in the first section Of this act, where the injnry
does not exceed the sum Of seven dollars.
Sec. 4. This act shall take effect from its pas
sage.
Approved November q, 1859
No. 22-AN ACT for the protection Of Fruits
and Fruit Trees
Il Is hsre5y enacted, 81.
SEC. !. Every person who shall wilfully com
NIT any trespass by entering upon the garden,
orchard, or other land of another, on which fruit
trees are grown raised. without permission Of
the owner thereof, and with intent to cut, take
carry away, destroy or injure the trees, fruit or
vegetables there growing or being, shall be pun
ished by imprisonment in the coHnty Jail not
more than thirty days, or by fine not exceeding
twenty dollars; and if any Of the offences men
toned in this act shall be committed the
Lords day, or in disguise, OF secretly in the
nighttime, between sun-setting AID sun-rising,
the imprisonment shall not be less than five days,
nor the fine less than five dollars.
Sec. 2. Any justice of the peace within the
county where an offence shall be committed under
mine the same, and issue such final process as the
nature Of the cause shall require.
Approved ovember q, 1859.
NO. 24.-AN ACT in amendment of section eight
of chapter twenty-three of the compiled statutes,
relating to highways.
Il is he sby enacted Sc.
Sec. l. Section eight of chapter twenty-three Of
the compiled statutes is hereby amended read
as follows If any person shall remove into any town
flor h. list ou vvhi hieh Ia
shall be made up, the selectmen shall assess such
person in such sum as shall appear 10 them to be
in proportion to the other inhabitants Of the town;
but if such person shall produce certificate from
a surveyor in any other town that he has paid his
tax, IL whole or IN part, IN such other town, for
the same wear. the sam which he may have 50 paid
shall be deducted from the tax which may have
been assessed against him in the town to which be
shall have removed and any sum which he may
nav in the town to which he shall have removed
shall be so FIR in discharge Of any tax assessed
against him in any other town Provided, nothing
in this section shall be construed to authorize the
payment Of any highway tax assessed upon real
estate Ia any other town than the one in which such
real estate Is situated, hut the same shall be paid
and expended in the town in which such real estate
is situated
seo , This uo, sbalI take effect from its pas
| sage.
! Approved November 2l 1859.
| NO. 25.-AN ACT relating to accounts Of sur
veyors Of highways.
Sec /. The seectmen of the several towns in
this State SHALL at the expense of their respective
towns, furnish each surveyor Of highways with a
blank book in which to keep their accounts, which
shall be delivered to the surveyors with their tax
bills.
Sec. ,. All surveyors ol highways shall keep
a fair account Of all moneys received by them for
taxes specifying the time when, and the person
hv and for whom each sum was so paid; also an