Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1869-12-02
An act regulating mill and other dams.


SEQ. !. The county court at any stated term
thereof, or the assistant judges OF the same at
any time between the stated terms thereof, on
application made 10 them in writing by any per
son or persons owning mill or other property
liable TO destruction or damage by the breaking
Of mill or reservoir dam or ON application Of the
mayor and aldermen q any city, or the select.
notice TO the opposite party having been given,
and the applicant having given to the opposite
party satisfactory security for the costs resulting
three disintrr.stod, di.erees mon. who after
notice to the parties, shall view and thoroughly
examine such dam.
SEC. 2. II in the judgment of the committc SO
appointed, such dam ID insufficient and unsafe,
they shall determine and direct what atera-
tions, repairs or additions are required to make
II sufficient and safe and shall give "a written
direction to the owner thereof to make such
alterations repairs within such reasonable
time said committee shall name in said
writing and they shall make q record of their
doings, together with such direction az they
shall give in the town clerks Office in the town
where such dam IL located which record shall
be admissible, though not conclusive evidence,
in the trial OF any issue involving his liability
on account of such dam.
SEC. 8. II the owner of . dam TINS Examined
snd adjudged to be unsafe, refuses or neglects
to make such alterations, additions or repairs.
as said committee shall order, said committee
may cause such DAM or such parts thereof as
they may deem necessary for the safety OF prop
erty, roads or bridges on the stream below, TO
after such removal no subsequentbdam shall be
erected at said point except IN compliance with
the directions of said committee.
SEC. 4. IT when a dam is adjudged to be un-
safe under the provisions of this act, the pond
caused by such dam il SO filled with water that
the same cannot be removed without damages
TO property Oh the stream below, and upon
notice, the owner neglects to alter and make |,
safe the committee 80 appointed shall forthwith
alter and make the same safe at the expense Of
| the owner; and III their discretion they may dc
Afr fnr fhp n
| in section three.
SEc s. If the committee adjudgc such dan
safe and sufficient and order no alteration 0
| examination shall bo paid by the party MAXIM
| the application; otherwise the costs shall be
paid by the owner.
/ shall be limited TO five dollars per day, To b,
| paid each OF said judges, ii they make the ap
/ pointnicnt out Of term time, and five dollar,
/ per day, to be paid each Of said committee fo
/ the time actually spent under their appoint
mcnt which cost, together with the expense o
any removal or alteration which such commit
tee may make, may be recovered In an actor
on the case, in the name OF the party applying
fUr such alteration, or In the name Of The owner
i IL no alteration be ordered
SEC. :. The court OF chanccry shall hay,
Jurisdiction in equity, and may compel lh'
owner Of any dam TO make all alterations, addi
tions and repairs which such committee ma,
order under this act and may make all nccesar,
i orders and dccrccs 10 carry the directions 0
i under this act, whether at law or IN equity
shall be had in the county where such dam Il
i located.
SIC. 5. This act shall take effect from IL
passage.
Approved Nov. 10, 1862
An act to amend chapter ninety -four of tn
i General Statutes, entitled, = or the trsf,ic il
/ intoxicating drinks
Il IT'S hereby eSacfed, dc.
i SEC. /. Sections nine, ten, eleven, twelve
fart, .1xs.
chapter ninety -four Of the General Statutes shall
/ each be 50 amended that one-fourth Of the fine
contemplated in these several sections shall g
to the complainant, when complaint Il made
SEC. 2. This act shall take effect from II
Approved Nov 10, 1862
Il An act In amendment OF and in addition b
chapter ninety-four Of the General Statutes
entitled, '.Of the traffic in intoxicating
. drinks."
It's hereby enacted, dc.
! SEC. !. The security required to be given b
section twenty-four VI chapter ninety. four of tn
; General Statutes may be taken by rccoSniz inc
TO the State, instead Of the manner by said sec
ton now required.
SEC. q The forfeiture named in section twenty
two OF said chapter shall extend to the casks O
vessels in which such Intoxicating liquor sha
81 SIC. s. Whene or any person In a state Of In
toxication shal wilifnlly commit any injury up0
: the perB0n or property Of any other indiyiduA
any person who by his clerk or servant shall hs
| unlawfully sold or Furnished any part OF tn
liquor causing such intoxcAti0n shaii be liable
the party injured for all damage occastoncd 3
The Injury done, ~ he recovered IN the sam
form u estion - such intoxicated persUn woui
Be liable to; and both such parties lsay be joine
= ths ssIns Artsoa; and n case Of thu. death
debility q sny Rersee, either from the fojoI
d hssxse sltoa fsoa - No. Il tquos unlawful
: laxninhvd = aforsaeids ang psFsve uhoshAl b !
asy nannsr dspendeot On such injured pegpon
injured psrson mag ~ decsnds.t, mag ses0vs
nom the penon unleufully selling or furnisi.iu
aar anch kqupg - afogosa3d, al damage or IA
] suSt9ined 81 ocnsequencs u sueh injury, In "a
) teeust hsving juxSsd1stinn II sueh oAaes, -
eovegtnse q infAney shall be NO bar to procee(
pI tnes for recovery In any case arixng under II
} SIC. /. This .et shall take effect from IL ps
zppsovsd Nov. 10, 1869.
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