Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1870-12-08


1t as hereby enacted, DC.
That section fifteen Of chapter thirty-6ve
of the general statutes of this state be SO
amended as to read as follows:
s'The officer shall, before serving the writ,
take from the plaintiff, or some one in his
behalf, bond to the defendant with suth-
cient sureties in double the value of the
goods to be replevied, with a condition like
that Of the bond before prescribed in the
second section of this chapter, and the ofhcer
shall proceed to ascertain the value OF the
goods or chattels in the same manner as is
prescribed in the third section of this chap
ter, and shall return such bond to the clerk
of the court to which the writ is returnable,
for the use of the defendant
Approved, October %, 1870.
No. g. An Act in amendment of an act in
relation to appeals from judgments of JUS
tices of the peace in civil cases, approved
November l9, 1866.
Sec. ! Section two of an act entitled
g An act in relation to appeals from judg-
ments of justices of the peace in civil cases, p"
approved November 49, 1866, is so amended
as to read as follows:
"Sec. 2. If neither party shall enter the
appeal in the court to which it was taken lat
after the adjournment of said court, may
issue his execution in due form of law, in
favor of the party for whom judgment was
rendered, for the amount of such judgment,
with twelve per cent. interest thereon, to-
gether with such additional costs as have
been made in good faith since the time of the
rendition thereof and such proceedings shall
have the same effect as an affirmation of the
judgment to preserve all liens and securities
which the plaintiff in the action appealed
from might have for the collection of his
debts, or the liability of the officer serving
the original process, or the liability of bail,
receiptors of property, or other persons, and
an execution within thirty days after the
adjournment of the term of court to which
such appeal is taken, shall have the same
effect in law to preserve liens, or charge bal
or the officer serving the writ, as though the
same was issued within thirty days after
the rendition of Judgment"
Sec. 2. This act shall take effect from its
passage. Approved, November II, 1870
No. 68 An Act relating to suits in respect
to patent right
Sec. l. All suits commenced before a Jus
tice of the peace to recover any debt or de-
mand arising from the sale or right to use
any patent right, whether such demand ex-
lists in the form of promissory note or
otherwise, shall be brought in the town
where the defendant resides or where such
patent right was sold when said note or obi
CATION upon its face, as provided in section
two of this act, purpOrts to be given for a
patent right, and all such suits returnable to
the county court shall be brought and tried
in the county where the defendant resides,
or such patent right was sold.
Sec. 2 Any person who shall hereafter
take any promise or obligation in writing for
which any patent right, or right claimed
by him or her to be patent right, shall
form the whole or any part of the considera'
ton, shall at the time OF the taking thereof
insert therein in the body of the instrument
and above the signature thereto, in promi-
rent and leglble writing or print, the words
" Given for patent right" and all such
obligations or promises, if transferred, shall
be subject to all the defenses that they would
be subject if owned by the original promi
see
Sec. 3. Any person who shall sell or bar
ter within this state any patent right, or tbs
right to use and vend any patented article, anC
shall take therefor any promise or obligation
without complying with the provisions o
section two of this act, shall be deemed
guilty of a misdemeanor, and shall be pun
ished by a fine of not less than five hundred
dollars, or by Imprisonment in the common
Jail in the county in which the offense ii
coin mtted, not less than one year, or both
in the discretion of the court, and shall also
be liable to the party aggrieved for all dam
ages sustained, TO be recovered in an actor
ON the case founded on this statute.
Approved November 10, 1870.
, No. 80 AN act relating to the partition o
real estate containing mineral or medi
cinal springs.
Sec. /. Any person having or holding
! real estate containing any mineral or medl
cinal spring, with others as joint tenants, ten
ants in common or copartners, may have
partition thereof and of the right to use anC
, enjoy the water OF any such mineral or medi
cinal spring in the manner hereinafter prov
ded.
Sec. 2. Such person may apply to the
county court in the county where such rea
estate containing such mineral or medicinal
springs is situate, Dy petition in writing
setting forth the title by which the same i:
held, the names of the several owners, al
. far as known, and particular description
of the premises, and of any such spring, an(
praying Tor partition thereof, and for al
apportlonment of the right to use and enjoy
the water of such spring or springs, among
! the several owners.
;. Sec. 3. The provisions of chapter forty
. five of the general statutes shall apply to al
= proceedings under this act so far as the same
, are applicable.
, Sec. 4. In addition to the provisions o
section eight of chapter forty-fve of the gen
eral statutes, it shall be the duty of tn,
+ commissioners appointed by the court t.
= make such apportionment OF the use and en-
:, joyment Of the water of any such spring Oh
sprngs, and of the manner of such use and
enjoyment, as such commissioners shall
judge just and equitable.
Sec, 5, This act shall take effect from it,
passage. Approved, November II, 1870
No. 7O.-An Act specifying the time wher
r notes on demand shall become overdue
} Sec. l. promissory note payable on de-
7 pration OF sixty days from the date of suct
/ note, and demand made upon such note a
e the expiration Of sixty days from the dat,
S thereof, without grace, or at any time with,
4 in that term, shall lie deemed to be mad,
within "a reasonable time, and any acts, neg
e lect or other thing which by the rules of Law
: and the customs of merchants is deemed
e equivalent to presentment and demand, i
: 1t occur before the expiration of said tern
= of sixty days, shall be dishonor thereof, anC
shall authorize the holder of such note t
S give notice of the dishonor to the indorser
as upOn q presentment to the prOmisOr anC