Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1861-12-05

the state, growing out of the defalcaIion o
said late treasurer, now in the hands of an,
person, shall be surrendered to the State, thcI
said commissioners are hereby authorized, il it
their opinion 1t shall be for the iterest of the
state so to do, to discharge any or all of thu
Slgners OF said late treaSurer's bonds who ma,
prove. to the satisfaction of said commissioners
that they have in no way participated in the
use of treasury funds, for speculation or other
purposes; and provided that such discharge
shall not he so construed as to impose upon
any person not discharged the payment of an,
larger sum than he would be obliged to make
ii no such discharge had been given.
SEC. 2. This act shall take effect from il,
passage.
Approved November 81, 1861.
No. 9.-An act in relation to accounts of Su
perintendents of Schools.
II is hereby enacted, DC.
The Superintendents Of Schools are hereb,
required to make out in detail their accounts
for official services, stating the date and time
spent as well as the natu of each act of ser.
vice rendered, and make oath (or affirmaion)
to the correctness of the same before some
magistrate in the town where such service was
rendered which oath or affirmation shall be
certified to by such magistrate before such Su-
pelintendent's accounts shall be presented fol
allowance.
SEC. 2. The accounts Of Superintendent
of Schools shall be presented to the State Au.
ditor and when approved by him shall be paid
out of the Treasury of the State upon his or.
der but no order shall be drawn TO any Su.
perinenden until said Superintendent shall
have filed with the State Auditor the receipt OF
the Secretary of the Board of Education fol
the statistical returns Of the preceding school
year as required by law.
SEC. 3. So much OF section one of an ACT
entitled, San act relating to Common Schools,
approved Nov. %, 1858, as may conflict with
this act is hereby repealed.
SEC. 4. This act shall take effect frcm April
l, 1862.
Approved Nov. 81, 1861.
No. 1O.-An act in addition to an act entitled
Fan act to provide for the establishment and
enlargement of school house yards ap.
proved November 26, 1860.
II es he'eJy enacted, dc.
SEC. |. Any school district requiring lands
for the purpose specified in the first section oil
an act entitled "an act to provide for the estab-
lishment and enlargement of school house
YARDS" approved November 26, 1860, or for
the purpose of building a school house, md the
lands so required be encumbered by mortgage,
such school district shall cause the same notice
to be given to the mortgage, or the assignee
Of the mortgage, that is required TO be given
to the owner; and the damage agreed upon, OF
otherwise determined, as specified in the act
aforesaid, shall be paid to the mort agee or his
assignee but if the sum due on the mortgage
be less than the damage, the amount due there.
on shall be paid to the holder, and the balance
to the owner, on the payment OF which damage
a valid title shall vest in the district for the
purpose aforesaid.
SRc. 3. This act shall take effect from its
passage.
Approved November s, 1861.
No. l5.-An act in addition to an act entitled
"An act in relation to the Disclosures o
Trustees" approved Dec. 9th, 1853.
II is hereby enacted, dc.
SEC. /. In all cases of trustee process any
claimant of the funds or property in the hand,
of the trustee shall have the same right to ap
ply TO the court for the appointment of Com
missioner that the plaintiff or trustee has. Ant
in all trustee cases in which Commissioner
has been or may be appointed, such Commits
sioner shall hear and report upon the claim o
any claimant in the case, and to that end shal
notify such claimant of the time and place o
such hearing, in the same manner as is pro
vided for notice to the trustee in such cases
and the court upon such report, shall deter
mine the rights of the claimant PrOrided thai
this act shall not apply to any case in which
hearing has already been completed before {
Commissioner.
SEC. 9. This act shall take effect from it
passage.
Approved November 81, 1861.
No. l6.--An act in addition to Chapter 81 o
the compiled statutes relating to sale OF prop
erty on Mesne Process
II is hereby enacted, DC.
SEC. l. The same request may be made, ant
the same proceeding had for the sale or othe
disposal of property attached upon mesnc pro
cess, after such process shall have been return
ed, as are provided in Chapter thirty one o
the Compiled Statutes, for the sale or othel
disposal of property attached on mesne process
provided that such sale or other disposal shal
be made before final judgment in the suit il
which such attachment was made.
SEC. 9. When the officer shall sell propert,
as provided in section one of this act, he shal
forthwith make return of his doings and sale t
the Clerk of the Court or TO the magistrate
before whom said process shall be pending ant
such return shall be appended to, and mad
part of the officers return on said process.
SEC. 3. This act shall take effect from it
| passage.
| Approved Nov. 1G, 1861.
No. l1.-An act in relation to recognizances.
II is hereby enacted, dc.
SEC. !. Every recognizance, given by per
son charged with criminal offence, or by
witness in any criminal prosecution, within tn
jurisdiction of Justice of the Peace TO try an
determine, conditioned for the appearance Q
such person or witness before any Court i
cases where the ofcnse is punishable by fine O
imprisonment, and in all such cases when a