davidaulloa/AmericanStories huggingface dataset:
Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1865-12-01
An act to authorize Probate Courts to
remove and appoint Commissioners in

An act to authorize Probate Courts to
remove and appoint Commissioners in
certain cases.
1t is hereby enacted, &c.
SEC. |. Whenever any commissioner,
appointed by the Probate Court, to re-
ceive, examine and adjust claims against
The estate of any deceased person, or per-
son under guardianship, shall by reason
Of interest, relationship, or otherwise, be
adjudged by said court to be an improper
person to act as such commissioner, said
court may remove such commissioner,
appoint another in his place, from such
removal and appointment there shall be
no appeal.
SIC. 2. Whenever in the Judgment
of Probate Court the appointment of an
additional commissioner, to hear, x
anime, and adjust claims against the es-
tate Of any deceased person, or person
Tader guardianship, shall become neces.
sary, said court Is authorized to make
such appointment, and no tutber notice Of
the meetings of the commissioner shall
be required in consequence of such ap-
pointment.
SEC. 8. This act shall take effect
from its passage.
Approved Nov. 8, 1865.
Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1865-12-01
Approved Nov. 6. 1865.
An act relating to the duties of School
District CIsrkS

District Clerks.
II is hereby enacted, &c.
SEC. l. 1t shall be the duty OF the
clerk Of each School Distric; in the State
10 make list annually of the number
and names of the children resident in his
district, on the first day of January, be-
tween the age of four and twenty years,
with the names Of heads of families & the
number of children in each, and return
the same to the Town Clerk during the
said month Of January.
SEC. 2. This act shall take effect
from its passage
Approved Nov. s. 1865.
Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1865-12-01
An Act regulating fees of Justices.
1t IS hereby enacted, &c.

SEC. !. The fees of Justices Of the
Peace shall be for each action tried, one
dollar and if by jury, one dollar and
twenty cents for each nonsuit, default,
or confession. fifty cents for recording
each judgment, twenty-five cents.
SEC. 3. This act shall take effect
from its passage.
Approved Nov. s, 1865.
Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1865-12-01
An ACT in relation to Dowery and Home
5 hereby enacted, &c.

1t is hereby enacted, &c.
SEC. l. Section ten of chapter sixty.
eight of the General Statutes shall be Sc
construed, that whenever the homestead,
or any lands includiog such homestead,
belonging to a married man, shall have
been, or may hereafter be, mortgaged by
a joint deed OF such husband and wife,
the joining in such mortgage deed by the
wife pursuant to said section ten, shall
have no other effect than to bar r
right or claim 20 such homestead, as
against such mortgage.
Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1865-12-01

An act in amendment of an act relating
to the sale of Real Estate, including
the Homestead, by Executors and Ad.
ministrators, approved Nov. 22, A. d.
1864, in amendment of chapter fifty
two Of the General Statutes.
1t is hereby enacted, &c.
SEC. l. The second section of an act
relating TO the sale Of real estate, includ
ing the homestead, by executors and ad-
ministrators, approved November 22, A.
d. 1864, and in amendment of chapter
fifty-two of the General Statutes, is here
by amended, SO as TO read as follows: II
such homestead shall be sold as provided
in the preceding section, he probate
court shall have authority to control the
investment of the proceeds of such sale
in new homestead, or may direct the
payment thereof to trustee appointed
by said court, or TO the widow and the
guardian of the minor children, in such
manner and under such regulations and
restrictions; as in the judgment of said
court shall be for The best interest Of all
concerned. r.
Approved November, 8, 1865.
Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1865-12-01
Approved Oct. 27, 1865.
An act to prevent taking Shad or White
Fish in Lake Champlain or its tri5u-


An act to prevent taking Shad or White
Fish in Lake Champlain or its tri5u-
taries.
II is hereby enacted, &c.
SEC. /. That if any person shall
take, kill or destroy by the use Of seines,
nets or lines of any kind, in the waters
of Lake Champlain or its tributaries, any
fish called shad or W hite fish, 10 the
months of September, October or No
vember in any year, such person shall
forfeit and pay 10 the treasurer Of the
town in which, or nearest 10 which, the
same shall be so killed, taken or destroy
ed in this State, the sum of five dollars
for each and every shad or white fish so
killed, taken or destroyed one-hali to
the person who shall prosecute the same
to effect, and the other half to the treas
urer ofsuch town, with full cost of such
prosecution, in an action of debt founded
upon this Statute; and any Justice Of
the county, whether an inhabitant Of the
said town or not, shall have full jnrsdic.
tion to hear, try and determine the
same.
SEC. 2. That this act shall take effect
from the time the Governor of this State
shall by proclamation declare that the
State of New York and the Government
of Canada have passed like acts prohibit
ing the taking or killing shad or. white
fish in these parts OF Lake Champlain
and its tributaries within their respective
jurisdictions.
SEC. 5. That the Governor of this
State cause this act to be forwarded to
the Governors of the State OF New York
and ofihe Canadas, with the request of
this State that their respective Goyern-
ments pass like acts prohibiting the TAX
ing, killing or destroying shad or white
fish in the parts of said lake within their
respective Jurisdictions.
Approved Nov. 6, 1865.
Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1865-12-01
Au act relating to the duties OF Teachers
of Common Schools.
T., =. q

II is hereby enacted. &c.
SEC. l.. The several te achers of conf
mon schools 10 this State shall faithfully
keep all the records required by section
one hundred and ten, chapter twenty-five
of the General Statutes, and shall make
correct answers to all statistical inquiries
required by said section, and shall make
due return thereof to the district clerk or
such person as he may designate; and no
prudential committee shall be authorized
or allowed to pay such teachers for their
services until the register properly filed
up and completed shall be so returned.
SEC. 2. This act shall ia K e effect
from its passage.
Approved Nov. s, 1865.
Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1865-12-01

An act TO amend chapter twenty, section
thirty-eight, of the General Statutes,
relating to compensation to be allowed
Vermont Asylum for the Insane.
1t is hereby enacted, &c.
SEC. /. Section thirty.eight of chap
ter twenty Of the General Statutes shall
be amended and read as follows: Each
town shall share in the appropriation
made in the preceding section of this
chapter, in proportion to the number OF
its insane poor in the asylum, the expense
of transporting them at the rate of eight
cents per mile on the nearest practicable
route from their respective residences to
the Asylum,and the length of time they
shall hsve been there at the rate of two
dollars and twenty-five cents per week,
during the year next preceding the month
Of August annually.
SEC. 2. This act sbal. take effect
from its passage.
Approved Oct. 27, 1865.
Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1865-12-01
Approved Nov. 6, 1865.
An act to protect Fish in Beaver Pond.
q, tits hereby enacted &c.

An act to protect Fish in Beaver Pond.
u tits hereby enacted &c.
SEC. 1. II any person shall take ont
catch, carry away, or destroy, any fish in
Beaver Pond or the inlet thereto. situated
near Suiherland's Falls, in the town Of
Rutland and State of Vermont said
Pond and inlet thereto, being the private
property of the Souiherlands Falls Mar
BILE Company--without the consent of the
owners thereof he shall be punishedd by
fine not exceeding twenty dollars, or by
imprisonment in the county Jail not ex-
ceeding twenty days, or both of said
punisbments, in the discretion Of the
court.
SEo. 2. This act shall take effec;
from its passage.
Approved Nov. a, 1868.
Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1865-12-01
Approved Nov. 9. 1865.
An act to protect the fish in Monktol
i is hereby enacted, &c.

II IS hereby enacted, &c.
Sec. |. II any person shall catch or
take any fish in the waters OF Monkion
Pond within five years from the passage
Of this act, by use Of seine gill>net.
trolling, fishing through holes cut in the
ice. shooting, spearing or any other way
than The ordinary hook and line, he shall
be liable to pay the town of Monkton the
sum of five dollars for each and every
fish SO taken, to be recovered on COM
plant Of grand juror before a justice Of
Of the peacs, with costs of prosecution.
SEC. 2. This act shall take effect
from its passage.
Approved Nov. s, 1865.
Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1865-12-01

An act to amend section two of chapter
seventeen of the General Statutes in
relation TO Fees of School District
Clerks.
1t is hereby enacted, &c.
Sec. /. Section two OF chapter sew
enteen is hereby so amended as 10 read
as follows: The clerks in the several
school districts in each town, shall' annu-
ally, in the month Of February, ascer-
tain from actual inquiry or otherwise all
the births and deaths which have hap
pened in their respective districts, during
the year next preceding the first day Of
January, together with such facts concerns
ing the births and deaths as are required
by the preceding section Of this chapter
and shall make an accurate return there
Of to the town clerk of the town in which
such school district is situated, on or be-
fore the first day Of March and the dis
trict clerk, or other person or persons
10 perform his duties a n
make such returns, shall be entitled to
receive from the treasury Of such town
ten cents for each and every birth and
death so returned. And the selectmen
ofthe several towns shall draw orders on
the treasurer of their respective towns
for the payment thereof, TO the aforesaid
clerks. And if such person shall neglect
Or refuse to make the returns required
by this section he shall be liable to a fine
,f not less than five dollars for each refu-
ial or neglect.
SEC. 2. This act shall take effect
rom its passage.
Approved Nov. 3, 1865, /
Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1865-12-01
Approved Oct. 27, 1865.

An act in amendment OF section two of
chapter twenty-three Of the General
Statutes, entitled "Of Instruction Of
the Deaf, Dumb and Blind
/. is hereby enacted, &c.
Sec. /. The second section of chaps
ter twenty three of the General Statutes,
is hereby amended so as to read as fol-
lows: A sum not exceeding four thou
sand dollars may be annually drawn from
the Treasury of this State by the Gov
ernor, for the benefit Of the deaf and
dumb, and sum not exceeding thirty
five hundred dollars may, also, be drawn
by him from the Treasury for the bene-
fit of the blind, TO be appropriated agree
ably to the provisions of this chapter.
Approved Nov. 9, 1865.
Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1865-12-01
An act for the protection of Deer.
Ii is hereby enacted &c.

Sec /. Itany person shall hereafter
within the period of ten years kill any
animal of the deer kind found running al
large within this State or assist therein
or shall hort or worry any such animal
he shall be punished by fine Of fifty
dollars, and costs of prosecution, to be
recovered by suit before a Justice of
the peace one-half of said fine to be
paid TO the complainant, and the other
half to be paid into the treasury Of the
town in which such animal shall be so
hurt, worried or killed.
SEC. 2. If any offense against the
provisions of this act be committed in
any unorganized town or gore within
this State, one,half of the fine imposed
by this act shall be paid to the complain
ant, and the other half shall be paid into
treasury of the State. hm h
SEC. 8. This act shall not be so con.
strued as TO interfere with the rights of
any person who shall be the owner of
such animals, partially or wholly domes-
ticated. si
SEC. 4. This act shall take effect
from its passage.
Approved Nov. 8, 1865.
Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1865-12-01
Approved Nov. 8, 1865.

An act to repeal an act therein named,
and to e.enact section twenty, chapter
twenty two of the General Statutes.
1t is hereby enacted, Mc.
SEC. /. An act entitled IAN act to
amend section twenty Of the Gener-
al Statutes, relating to School Districts" p"
approved November, 18, 1864, is hereby
repealed.
SEC. 2. Section twenty of chapter
twenty-five Of the General Statutes, is
hereby re-enacted.
SEC. 8. This act shall take effect
from lis passage, but shall not affect any
proceeding heretofore commenced under
provisions of said act.
Approved Nov. 8, 1865.
Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1865-12-01
Approved Nov. 0, 1865.
An act for the preservation Of fsh in
Colchester Pond.


Colchester Pond.
1t Ia hereby enacted, &c.
SEC. l. If any person shall take.
kill OF destroy any fish in what is called
Colchester Pond, situated in the town Of
Colchester in Chittenden County, or any
Of the tributaries Of said pond, in any
manner except with hooks and lines,
each person so offending shall for each
ofTense forfeit and pay fine Of ten dol
lars to the treasurer of the town Of Col
chester, with costs OF prosecution, TO be
recovered in an action in the name Of The
- ..-t.s ...-,., I,e,.-~ -."y Justice
of the Peace having jurisdiction Of the
same.
SEo. 2. Any person may sue for and
prosecute to final judgment any breach
ofthis act, in his own name, and upon
recovery thereof, oue-half of the penalty
shall belong 10 the prosecutor, and the
other half thereof to said town Of COL
chester.
Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1865-12-01

An act in amedment OF section forty-two
of chapter one hundred aud twenty
six, of the General Statutes in relation
to the fees of Town Clerks.
1t is hereby enacted, &c.
SEC. l. The fees of Town Clerks for
recording each quit-claim, warranty, or
mortgage deed, including the certificate,
shall be fifty cents, and for all other
recording and copying e cents per
folio.
Sec. l. So much of section forty.two
of chapter one-hundred and twenty-six
of the General Statutes as is inconsistent
with the provisions OF this act is hereby
repealed.
SEC. 8. This act shall take effect
from its passage.
Approved Nov. l, 1865.
Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1865-12-01

An act relating TO Rcccgnizances in
Criminal Cases. f''7 Z
1t is hereby enacted, &c.
SEC. l, Any surety or sureties in a
recognizance taken in ary criminal pros>
eculiou pending In any courtin nus state
may pay the amount thereof to the clerk
OF the county court in the county In which
said prosecution was or is pending, after
the same shall have been forfeited for a
breach of the condition thereof; and the
same shall be paid over and accounted
for in the same manner as though suit
had been brought on such recognizance,
and recovery of judgment thereon.
SEC. 2. This act shall take effect
from its passage.
Approved Oct. 27, 1865.
Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1865-12-01

An act in amendment Of section sixteen
of chapter twenty-five of the General
Statutes, relating to common school
laws.
1t is hereby enacted, &c.
SEC. /. Section sixteen of chapter
tNeniy~two of the General Statutes Is
hereby amended so as to read as follows !;
Whenever, upon personal examination Of
schools, the superintendent of any town
shall become satisfied beyond a reasona-
ble doubt that teacher TO whom GER
tificate has been granted, is incompetent
to teach or govern his school properly,
or setting an evil example before bis
Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1865-12-01
An act in relation to Appeals pending
in the Court of Chancery.
It is hereby enacted, &c,

1t is hereby enacted, &c.
SEC. l. When an appeal shall be Ia,
ken from the final decree of any Court
of Chancery 10 any cause determined in
said Court, and said cause shall be trans
ferred by such appeal and entered in the
Supreme Court 10 pursuance OF sections
eighty-three and eighty-four of chapter
twenty nine of the General Statutes, the
Supreme Court shall have all the juris-
diction Of chancellor of the Court OF
Chancery, in cause pending in Court
of Chancery, for making such interlocu-
tory orders from time to time on motion
and notice thereof as the circumstances
of the case render necessary.
Sec. 2. Application for such order
may be made by said Supreme Court
when sitting in any county in this State.
SEC. 3. When an appeal shall be
taken in any cause as described in section
one of this act, between the time oftaking
such appeal and the first day ofthe term
Of the Supreme Court to which such ap
peal shall be taken, chancellor Of the
Court of Chancery shall have tul juris.
diciion and power ofa Court of Chaneery
for making in such cause all necessary
interlocutory orders on motion and notice
thereof Notwithstanding such decree and
appeal. And when in any cause any or
der shall be made or proceedings had un-
der this section, the clerk of the Court of
Chancery shall transfer such order and
proceeding 10 the Supreme Court. and
they shall become part of the cause on
the hearing in the Supreme Court.
SEC. 4. Whenever in any cause in
chancery decree shall de made by any
which requires the taking Of
an account, an appeal may be taken from
such decree to the Supreme Court, and
he accounting so required, if ordered by
he Supreme Court, shall be postponed
lntil such cause is remanded from the
Supreme Court.
Sec. 5. This act shall not affect any
'1it now pending.
Approved Nov. Q, 1865.
Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1865-12-01

lalti plODtiiy W tho
Trustee Process.s
1t is hereby enacted, &c.
SEC. /. No person, company or corr
Eoration, except as herein otherwise pro-
vided, shall be liable or cbargeable on
any trustee process, on account OF any
sum due or owing TO the principal debtor
for any property sold and conveyed, or
delivered by him, which was at the time
Of sale exempt from attachment and exc
cu,icn by the laws Of this State. Provi.
ded, nevertheless, that so far as the prirf-
cipal debtor at the time the trustee proc
ess was commenced, was the ewner Of
other property of the same kind as that
sold by him TO the person, company, or
corporation summoned as trustee, exempt
from attachment and execution by the
laws of this State, and so far as such 9th
er property was from incumbrance for
the purcbase-money thereof, the provis-
ions of this act shall not apply.
SEC. 2. Whenever the sum due or
owing to the principal debtor is in part
for property exempt from attachment and
execution, and in part for property not
exempt from attachment or execution by
the laws of this State, the sum exempt
from attachment by the trustee process,
shall be the value of the property so ex-
empt from attachment and execution.
SEC. 3. The provisions Of this act
shall not apply in any trustee process in
stituted for the recovery of taxes due
from the principal debtor.
SEC. A. This act shall take effect
from its passage but shall not affect any
suit now pending. s7s9
Approved Nov ., 1865. nFoi
Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1865-12-01
An act in relation to appeals in Criminal

An act in relation TO appeals in Criminal
Gases.
1t is hereby enacted Sec.
SEC. l.. If the respondent in any
cause shall hereafter appeal from the
judgment r sentence of any justice
of the peace rendered in any criminal
prosecution, the appeal shall suspend the
judgment or sentence, but shall not va
cate the same and ifneither the prose-
cutting officer or the respondent shall en-
ter the case in the court to which the ap.
peal is taken, the said justice, after the
adjournment of the court to which the
appeal is taken, may issue his warrant in
due form of law to carry his judgment
into effect, the same as ifno appeal had
been taken.
SEC. 2. The respondent may in all
cases where the sentence is for fine and
cost only, tender or pay to the justice the
ine and cost with interest at any time af-
ter an appeal to twelve days before the
session of the court to which said cause
is Appealed, which sums the justice shall
receive and enter on bis records, which
shall be iull satisfaction Of said judg-
ment.
Sec. 8. If the respondent shall not
enter his appeal and the same shall not
be entered for affirmance, the prosecu-
ting officer may have an action OF debt in
the name OF the State, against the bail,
upon the recognizance for the appeal
from the Judgment oil said justice, before
any court Of competent Jurisdiction TO try
Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1865-12-01
Approved Oct. 27, 1866.

An act to amend section thirty-fve Of
chapter eighty.four ofthe General Stat
ues relating to collecting taxes by the
trustee process. N
1t is hereby enacted, &c.
SEC. /. In suits for the collection of
taxes by the trustee process, all goods,
chaitels, rights or credits belonging to the
delinquent or principal defendant in the
hands ofthe party trustee at the time Of
the service of such process upon him, or
coming into his hands afterwards to time
of final disclosure, shall be held chargea>
bic.
Sec. 2 The plaintiff in such case
shall take judgment against the principal
defendant only for sum including costs
equal to the amount for which judgment
is rendered against such rendered against
such trustee, and the collection Of the
balance of said tax shalt in no wise be
affected by such proceeding.
Sec. 8. The jurisdiction of Justices
of the Peace for the trial of such cases,
shall not be affected by reason Of being
interested as taxpayer in the district,
village, city, town, or county whore, or
for whose benefit such action may be
brought or pending for trial.
Approved Nov. s, 1864.
Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1865-12-01

the same. And the judgment shall be
for such sum as is just and equitable J;
which in case the respondent cannot be
found shall be the amour. Of fine and
cost and interest and in case the sem
tence was imprisonment, such sum as the
court shall adjudge equitable. Provided
that judgment against the bail and pay
ment of the same shall not relieve the
respondent from the sentence of impris--
oument if he is afterward apprehended in
the State.
SEC. 4. This act shall take effect
from its passage.
Approved Nov, 8, 1865. p