Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1860-12-15

No. 10.-An Act TO amend the Fourth Clause Of
section seven of Chapter eighty-scvcn of the Com
It's hereby enacted &c.
SEC. l. That the fourth clause Of section seven of
chapter eghtyseven of the compiled statutes be so
amended as to read as follows:
II any person without license therefor as provi-
ded in this act shall hereafter keen any yictua NO
house, shop or cellar and shall therein sell any vict-
uas, fitf strong beer cider, he shall forfeit and
pay rs penalty to the treasurer of the town where
such offence Is committed the sum of ten dollars.
Approved November 81 1860.
No. 11.-An Act in amendment Of nm Act entitled
AN Act in amendment of Section thirteen Of Chap
ter thirty-one Of the Compiled Statutes relating to
Process" approved October 2s, 1860.
IL is hereby enacted, &c.
SEo. l The first section of the act to which this
act Is nm amendment, shall be amended to read
as follows:
Upon such application, made by either party to the
officer attaching, he shall give notice thereof to all the
other parties, by delivering to Them or their atlor
neys written notice, by leaving the same Mt the
house of the usual abode of the party to be notified
with some person of sufficient discretion then resident
therein and if there is such person known to such
officer to be within this state, with whom he can
leave such notice, then he shall leave such notice with
the person having the custody of the property Mt the
time it attached, and if there is no such person
known to such officer to be within this stute, with
whom lie can leave such notice, then said officer shall
leave such notice in the town clerks Office in the
up attestcd copies thereof in three public places in
said town, at least twenty days prior to the sale of
the property attached and shall prepare n schedule of
the goods, and appoint three dsinteresed persons ac-
quained with the nature and value of such property,
to be sworn by such officer to the faithful discharge
of their duty appraisers in the case and n said ap-
praisers shall be satisfied that the defendant in such
action has been informed of the attachment of said
property they shall proceed to apprase the same as
now provided by law.
SEC. 2, This act shall take effect from its passage
Approved November 90, 1860
No. 12-An Act to amend Section seven Of Chapter
one hundred and fourteen Of the Compiled Statutes,
relating to the collection of fines, costs and recog
nizances in criminal cases.
II is hereby enacted, &c.
SEC. /. The cost of examination of any person ac-
cused of n crime exceeding the jurisdiction of jus
tce of the peace try and determine and the fees of
any attorney employed by town grand Juror in such
examination, other than States attorney in the
tv where said examination is held,-snid attorneys
fees not to exceed the sum Of five dollars in State
prison offences, or three dollars for minor Offences
may be certified by said justice TO the court auditor in
said county, who may allow all legal fees and costs
and attorney fees specified above and the clerk Of
the court in said county shall draw order for the
on the State Treasurer.
SIC. g. No fees shall be allowed by the court an
ditor for any attorney employed by amy grant iu
ror us specified in the first section of this act unless
it shall be made to appear to such auditor that such
attorney employed for the reason that the
States attorney could not have been seasonably OBJ
tanned.
SEC. g. This act shall take effect from its passage
Approved, November 20, 1850.
No. 13.--An Act relating TO Dispositions.
lis hereby enacted, &c.
SEC. l. When any Judge Of the supreme court of
this State is going out of the county in which he
sides for the purpose of performing his official duties,
not to return before the time Of trial, his deposition,
taken in the manner provided by law shall be admit
ted rs evidence in any civil cause for which it shall
be taken.
SEC. .. This act shall take effect from its passage.
Approved, November II, 1850.
No. 14.-An Act in relation to justices OF tnc
his hereby enacted, &c.
SEC. /. Justices of the Peace are hereby author
izcd and empowered to sign all citations rcturnabe to
the county court in the county in which they reside,
which attached to petitions addressed to the coun-
ty court asking for the appointment of commissioners
lay ont, alter discontinue any highway, or which
may be addressed to said court relative 10 highways
in any manner whatever
SEC O. This act shall take effect from its passage,
Approved, November 0, 1850.
No. 15.-An Act defining the time within which pros
ecutions shall be commenced under an Act entitled
"An Act to prohibit and abatc nuisances,' Hp-
proved, November Is, 1853.
II is hereby enacted, &C.
SEC. /. All prosecutions founded on an Act enti-
tied "An Act to prohibit and abate nuisances, ap-
proved, November lS A. ID. 1868, shall be commenced
within three months from the time Of the ncurring Of
the penalty, if the respondent shall be within the
reach of process in this State, and not afterwards.
SEC2 2. This act shall take effect from its passage.
Approved, November ., 1860.
No 1G.--An Act in addition to Chapter twenty-eight
of the Compiled Statutes, relating to actions on
penal bonds.
IL is hereby enacted, SC.
SIC l. Whenever service of process cannot be
made upon any person, liable sheriff or high bailif
for some official misconduct, neglect or default by
reason of the removal of such person from the State,
leaving no known attachable property therein, an ac-
ton of debt or scre iacias may be brought, by the
party entitled thereto directly upon the recognzancc
Of such sheriff high baf and his surctics, without
first bringing suit against such sheriff or high 6afi.
SEC 2. In such case, the surees may make any
defense and take any advantage i'll such action which
their principal might by law have made or taken If
the suit had been against him directly for such mis-
conduct neglect or default PrOrided, that this act
shall not apply any of action already accrued,
to any misconduct neglect default of any sheriff
or high baf now existing
SEC g. This act shall take effect from its passage.
Approved, November 2 1860.
No 17-An Act in addition to an Act approved No.
vember Is, 1856, authorizing persons owning ma
chnery to mortgage the same.
His hereby enacted, &c.
SEC. /. Machinery attached to or used in any shop
mill printing office factory, may be hereafter mort
gagged by deed, executed acknowledged and recorded
in the same deed OF real estate; and when
so executed, acknowledged and recorded shall have
| the same elect.
SEc 2. Mortgages of such machinery may be as
signed discharged or iorecoscd in the same manner
is provided by law for the assignment discharge Oh
foreclosure of mortgages Of real estate.
| SEC 3. All Acts and parts Of Acts inconsistent
| with this Act are hereby repealed.
SEC 4. This act shall take effect from its passage
| Approved, November 20, 1850.
| No. ls.-An Act in amendment Of an Act entitled
| "An Act authorizing the appointment of Spccia
Constabes," approved, November Is, 1866.
| IL is hereby enacted, &C.
SEC. /. Section of an act entitled San act au
thorzing the apponoment of special constables, mp
proved November is, 1856, shall be amended so as Il
read follows;
Whenever in the opinion of the seectmen of an,
town. shall be necessary to appoint special consta
blcs in such town for the preservation of peace an'
| good order, or to promote the security of life an'
property therein such seectmen shall have power, b.
writing under their hands, to appoint such speeiN
consables they shall deem necessary, who shal
hold their offices for the space of three months mex
after their appointments unless sooner discharged b.
the seecmen.
Approved, November 81, 1850.
No. l9-An Act relating to Elections
IL is hereby enicted, &c.
SEC. /. In each year when the election Of presi
dent and Vice President Of the United States is to tax
place. the first consablcs, and in Of their neglect
tho town clerk and in case of the neglect of bOtl