Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1870-12-08
Sec. 2. This act shall take effect from it's
passage.
Approved, Nov. %, 1870.

approved, NOV. ~, IoIU.
No. 51.-An act to repeal number seventeen
of the public acts, approved Nov. Is, 1869
entitled in amendment of section fifty five
of chapter .twenty-four of tho general stat
ntes, entitled : of laying out and discontin-
uing highways and bridges
Sec l. Number seventeen of the public
acts, approved Nov. Is, 1869. entitled an
act in amendment Of section fifty. five Of
chapter twenty. four of the general statutes
entitled OF laying out and disseminating
highways and bridges" is hereby repealed
and sald section fifty five of chapter twenty
four is hereby revived, and shall be in force
Sec. 2. This act shall take effect from its
passage.
Approved, Nov. %, 1870.
NO. 5Z.-An Act to provide for the protec-
ton ofhighways.
Sec. L. When in the opinion of the high
way surveyor, or road master of any highway
district lp any town in this State, it shall
become necessary for the purpose of protect
ing any highway or road in his district, Oh
nnder his charge, to erect any embankmen
upon the banks or margin of any stream, anC
the owner OF such stream, or the land ada
cent thereto, will not permit such highway
surveyor or road-master to enter upon hlt
lands Tor the purposes aforesaid or requires
him to pay therefor a greater sum than II
his Judgment he ought to pay, then sucf
highway surveyor or road-master, shall cal
out the selectmen of the town wherein such
stream is located, and such selectmen shall
make an examination of the premises, and i
they are satisfied the public good requires
such embankment, the selectmen shall give
notice of their intent to erect such embank
ment, to the owner or occupant OF such
stream, and the lands adjacent thereto, anC
proceed to assess the damages therefor, and
shall pay or tender the same to the owner OF
occupant, and then direct the surveyor OF
road-master to proceed to erect such embank,
ment, for the purposes set forth in this act
Sec. 2. And it is further provided that il
any owner or occupant of said stream or lane
is dissatisfied with the amount of damage
allowed by the selectmen, they shall have
all the rights of appeal in the same manner
and form as provided by the statute in case
of an appeal from the appraisal of selectmen
in laying out and opening highways.
Sec. 3. This act shall take effect from its
passage.
Approved, Nov. %, 1870.
No. 53.-An Act authorizing selectmen tc
discontinue certain highways
Sec. l. The selectmen of the several towns
in this State are hereby authorized anc
empowered to discontinue in their several
towns such portions of the old county roads
or highways laid out by county or county
court commissioners as the public good may
require provided such roads or highway
have not been in use for the space of one
year, or have been abandoned by reason o
new roads or highways laid out to take thei
place.
Sec. 2. This act shall take effect from it
passage.
Approved, Nov. %, 1870.
No, 54.-An Act in addition to section seven
ty-three of chapter twenty-five of the gen
eral statu ties, relating to bridges.
Sec. l. Any city or townat legal meet
ing may, by vote, increase the penalty named
in section seventy-three of chapter twenty
five of the general statutes, to sum no
exceeding five dollars for each offensc named
in said section, subject to the provisions 0
said chapter in relation thereto.
Approved Nov. l, 1870.
No. 55.-An Act to protect bridges of more
than eighty feet in length.
Sec /. IL shall not be lawful fer any
person to drive faster than walk ON any
bridge of more than eighty feet in length ;
and any person who shall be guilty of so do
ing shall forfeit and pay as penalty the
sum of two dollars for each oftense, together
with damages for all injuries thereby done
to such bridge which may be recovered il
an action in the name of the town or towns
or corporation liable for the repairs of sucl
bridge, with costs.
Sec q No person shall be liable, as pro
vided in the preceding section, unless th
selectmen of the town, or the directors o
the corporation, shall cause to be posted up
and kept at each end of said bridge, in som'
conspicuous place. board with the sub
stance of said section printed legibly thereon
Approved Nov. 10, 1870.
No 56.-An Act in amendment of sectiO
twenty-five of chapter ninety-iour of th
general statutes, entitled: " of the tratfl
in intoxicating drinks and in addition
| said chapter.
Sec. l. Whenever the owner, keeper, c
possessor of intoxicating liquors, seized ur
der provisions of chapter ninety four OF til
general statutes, shall appear to make clail
to such liquor, he shall file with the .ustic
or court before whom the proceedings ar
pending, his claim in writing, setting fort
his interest in the liquor so seized and tn
causes why the same should not be adjudge
forfeited, and in case of judgment Of torfel
ure, the court shall tax the costs and tn
!. expenses of the proceedings against sue
claimant, and render judgment therefor /
behalf of the State.
Sec 2 Such claimant shall, at the tim
of fling his claim with the court, enter int
a recognizance to the State with good an
sufficient sureties in such sum as the coul
shall direct, conditioned that he shall prose
cute his claim to effect and pay all cost
which may be awarded against him.
Sec. 3. No appeal shall be allowed
such claimant from the judgment of sue
court, until he shall enter into recognil
ance to the State with good and suficien
sureties in such sum as the court may direc
conditioned that he shall prosecute his appes
to effect and pay all costs which may /
awarded against him.
Sec A. If the final judgment shall
against such claimant, said liquor an
the casks or vessels containing the sam
shall be adjudged forfeited, as provided
section twenty two of said chapter, and an
act in amendment thereof, and judgmen
shall be rendered in behalf of the Stat
against such claimant for all costs of prose
cution incurred alter the filing Of his claim
to be taxed by the court
Sec 5. Any complaint, information 0
indictment founded On the provisions {
chapter ninety-four of the general statutes
OF any act in amendment thereof or i
addition thereto, shall not abate or be bel
insufficient for any defect therein or want c