Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1863-01-01

tne same county at their next term after such
II there shall be time for notice; if not
ne Rcceeding term; and any number OF persons'ag
917cyed may Join IN such petition and the petition
with citation for that purpose shall be scrvee
on one or moro OF the seectmen of such town at leas
twelve days before the sitting of the and tn,
court shall appoint three dsintcrested persons to b.
commissioners to inquire into the necessity of such d
version of such brook or stream, and the amount 0
damages the petitioners respectively entitled to BY
reason thereof.
Prorided That such application for new hearing
shall! pc ma 20 the county court, unless the petition
SHALL within twenty days after the order Of the Sc
lecten referred to in the second section of this act
shall have oen recorded in the town clerks Office ev.
notice to one or more Of such selectmen of their en
ton 50 to apply for new hearing II4-
SEC T. Inc ne commissioners shall give notice to one
ttoners, Of the time and place when they viii maI
such inquiry ana hear the PARTIES and they shall decide
whether su brook or stream ought to be diverted and
il SO, ~ VIZ" punI and in what direction, and for what
distance anu small allow to the petitioners such dam
ages as ne na respectively be entitled to by reason
OF sucn no,son o. such brook stream, and report
such declsp ana allowance to the county court ; and
the report OF the commissioners the court shall Or
der the DIVERSION Of such brook or stream in such
manner as snaf appear just rand shall render
for the petitioners to recover against the tou @
sums for tn respective damages as shall be shown nv
such report nave been sustained and may tax costs
for either Ra..y as shall appear just.
SEC. 5. When application shall be made to the county,
court as IN the third section of this act the
diversion until ~ course OF such brook stream shall
be stayeu ~ Tue decision of the county court and
such cour. NIX the time for ivertng such brook Or
stream, ana ior paying any damages which nav he
awaraea' ;tai sucn damages shall not be paid within
the Ine iu' Tue court may issue execution for the
same. ~ %s
SEC 9: Whenever, in the opinion of any board Of
commissionn;S appointed by the county or supreme
court to inquire into the convenience and nacass;t -
any hghWay and the manner in which the same shall
have been ought to be- laid out or altered as we'll
as the daMaSss winch may have been sustained by
ties there good reason to believe that & Is
necessary or tne purpose of constructing or altering
such hignMhs, 20 divert the of any brook OF
Strn Invlnr hc~,x,e
decide that such brook or stream ought to be verte
for the purposes aforesaid shall give notice to all per-
sons WHO'S II sSe Or property may be affected by
diversion " aucn brook stream and also to one of
the the town, each ofthe towns in which
such highway be situated Of the time and place at
which they W." hear and determine upon the necessity
of such diversion of such brook or stream, and the
compensation n damages to which the several persons
interested are entitled therefor which no.
tce shall DC at least twelve days previous to the
time OF nearng either personally, by writing left
WITH or at the residence of the person required to be
notified.
The commissioners SHALL after such hearing decide
whether c crook or stream ought TO be diverted and
if so at VIVA. point in what direction, and for what
distance anu sna allow to the parties interested such
damages as aey shall be respectively entitled to by
OF such diversion of such brook or stream and
report sen aeon and allowance to the court by which
they were aPpanted and such court shall thereupon
proceed to dispose of the case in the manner provided
in the fourth, section of this act.
SEC I. lnS act shall not authorize the diversion of
the course OF any brook or stream upon which there
the water thereof
Approved October 49, 1862
No. h. An Act in addition to chapter twenty-three of
the Complied Statutes, in relation to Highways and
Bridges.
Kis hereby seocted dc.
SEC. /. The selectmen Of the several towns in this
state are hereby authorized and empowered construct
suitable watering troughs by the roadside for the ac-
eommodalon q the travelling public, and supply the
same with water whenever expedent not to exceed one
in each highway district in said towns and where the
first cost u erection and supply shall not exceed five
dollars and the future cost shall not exceed three dol
lars annuay Tor each and every trough so erected.
SEC. 2 The said selectmen, or the several highway
surveyors acting under their authority may contract
for the erection and maintenance of said troughs with
suitable person in each district, VINO shall receive
compensation, remission of certain amount of his
or her highWay tax; not exceeding in amount the
Of five doars the cost of erection and three dollars
annually thereafter for the support of each and every
trough SO erechd.
Approved, otober 20, 1862.
No. H.--An AT in addition to chapter sxty-seven of
the Compiled Statutes.
Ills hereby aacted, dc.
SEC. l. Ate the filing of libel for divorce, the
court in whicthe same shall be pending NAV on ap-
pcaton of eiaer party, make such order and decree
in regard to teaporary alimony and funds to maintain
the LITIGATION arlng the tendency OF such libel, as to
SEC. 2. Thact shall take effect from its passage.
Approved, Nyernber "a, 1862.
No. l5An At in addition to San act to provide for
the adoptlon,f persons and changes of Names" APP
proved Noyaber30 1858.
II is hereby eacted, de-
SEC. l. In acases of adoption and change of names,
provided by he act to which this is in addition said
parties shall ave the right to make said adoption
without the chnge of name
SEC. 2 Alaoptions, and adoptions ami change of
names, shall heafter be made agreeably to, and
der the provns Of this, and the TO which this is
in addition
SIC. 8. Thiaet shall take effect from its passage.
Approved, MEMBER IL, 1862.
No. 43.-An explanatory OF certain acts providing
for thsupport of families of soldiers
IL is hereby acted, dc.
SEC /. An 1t entitled ssan act to provide for the
families Of cins Of Vermont, mustered into the
vice of the Uned States,' approved April 26, 1861
also an act entitled " an act providing pay for certain
soldiers and Mrelaton to the support of families of
volunteers aorovcd November 90 1861, shall be
strued that irst, the families of commissioned Of
fcers sa1Ue entitled TO the benefit of said acts.
Second the fiy OF person shall be entitled to the
benefit OF salac,s unti all that IS que suen person
from this statelau have been expended and such fur
Their provisonhal have been made by said person for
the support OF family should reasonably be re-
quired of him Third the family of person shah
be entitled to benefits of said acts after such person
has deceased been discharged has in any way left
the service Pcfded that IN cases OF extreme neces-
sitv assistaneaay be continued to such family for
period not cxcding three months after such decease
or discharge.
SEC @ The,yeral towns are empowered to pay the
agents. appon1 for said towns by the Governor such
sums as shall agreed upon between said towns and
said agents. opast and future services, under said
acts; and seagents shall not be entitled to any pay
for such sery, except from their respective towns
Sec 8. Thhct shall take effect from its passage.
Approved, MEMBER IA, 1852.
No l6-An relating to jurisdiction of Justices OF
the Peace, motions wherein Fire Insurance Com
pany is a par.
II is hereby acted, dc.
SEC |. Jticeof the Peace shall not be disauali-
fed to take urdiction of any by of his be-
ling a member any Mutual Fire Insurance Company
Incorporated Vhn this state, although such Company
e party in sh cause.
Approved, Member 20, 1862.
No l7-An Aproviding for the appointment of agents
to receive andispose of the Land Scrip to which this
state NAV benttlcd under the act of Congress APP
proved July 1852.
His heyebv acted, dc.
SIC. /. Horr 3. Royce of Berkshire in the county
of FRANKLIN nj John b. Page of Rutland in the
ty Of Rutland hereby appointed agents in the name
and behalf OF state of Vermont, to obtain, and
ceve from Il United States Government all Land
Scrin 70 Whchd nate may become entitled under an
act of the CONFESS a the United States, approved July
IA d. 1862 Titled ''an act donating public lands to
states and teorie1which shall provide Colleges for
the benefit Of aiculkure, and the mechanic arts.
SEC D ThaforGeaid agents are hereby authorized
and required mai such examinations of the public
lands as arc sheet "a private entry, and procure such
information relatfon to the they may judge
will be sef The disposal and location of the scrip
mentioned n 10 ft section of this act, and they
authorized 10 A. assign the any part there
of upon snch rms md conditions they shall deem
will be most syantgeons to this state Provided the
Governor of ii ste shall approve Of all such sales
assignments.
SEC. g. Thege1ts appointed by this act shall hold
their oppointn III one year. and until their success
sors shall be apoted, and before entering upon the
duties of their ppontment, each shall give his bond
with good and nent surety sureties to the state
of Vermont in the sum Of fifty thousand dollars, the
tied with the seery Of State and to be in such form
as he shall dre and all conditional for the return to