Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1873-01-13
LAWS OF VERMONT. A. d. 1879.
Designated By the Secretary Of State for
publication IN tie newspapers.

LAWS OF VERMONT, A. ID. 1872.
DESIGNATED By the Secretary of State for
publication IN tie newspapers.
An act relating to the division of the
property of school districts.
SEC. |. Whenever any school district
within this state shall be divided into
two or more districts, and said districts
shall fail to agree upon division of their
corporate property, it shall be the duty
of the clerk of the district so divided, or
In his absence, or inability or refusal to
act, of any taxpayer in either portion of
said district so divided, to apply to the
assistant judges of the county court, for
the time being, IN which such original
district is situated; and it shall be the
duty of such judges, within reasonable
time after the organization of such new
districts, according to their Judgment
and discretion to make a fair, just and
equitable division of all the property and
assets IF such original district, including
taxes voted, but not collected between the
said new districts as hereinafter provided.
SEC. 2. Said judges shall give notice
to all interested, of the time and place
of hearing, by posting upon the school
house in the original district, and in one
other public place in each of said new
districts a written notification, therein
stating the time when and the place
where they will examine the property
and hear the parties interested in the
division of such property and assets, at
least twenty days prior to the time set
for hearing
SEC. s. Whenever the property of
such districts is of kind or character
that it cannot be divided equally between
the new districts, said judges are hereby
empowered to make sale of the same, and
execute therefor all proper deeds of con-
veyance and other writings necessary for
proper transfer of said property; and
such deeds and conveyances, when recor-
ded in the town clerks office of the town
or towns where such property is situate,
shall be valid in law to pass the title to
such property to the purchaser thereof !;
and the said judges shall divide the pro-
ceeds of such sale between the several
new districts as to the said judges shall
appear Just and equitable.
SEC. +. Whenever any part Of the
property of said original district shall
consist of school house or other build
ings, or buildings and land which can
be used and appropriated benefcially by
one of the new districts, said judges may
in their discretion, set the same to such
new district in which the buildings oil
land are situated, and may assess upon
the district to which such lands and
buildings may be set, such sum in mon
ey therefor, as may appear just to salc
Judges, and may order the same to be
paid over to such other new district o.
districts, in such time and manner az
said judges may direct.
SEC. 5. If either of said judges shall
reside in or own real estate in such di
vided district, he shall thereby be dis
qualified to act in the premises; and il
such case, the other of said judges shall
be invested with all the powers of both
and shall perform all the duties herein
before provided for both of said judge
when not disqualified,
SEC. 6. When said judges shall hav
completed the business of such division
it shall be their duty to make full re
turn of their dolngs to the town clerk G
the town or towns in which the origina
district is located, therein stating tn
property divided, the manner of the di
vision, the names Of the persons to whor
sold ; and when the same consists of rea
estate, the same shall be. described b
sufficient metes and bounds, and said re
turn of said judges shall be recorded g
length in said town clerks office.
SEC. 7. The costs and charges of tn
said judges in making any such divisio
shall be borne by such new districts i
such proportions as said judges shall d.
termine and certify in their said dolngs
and each of such districts shall be lab
to pay to the said judges the sum so
them certified as aforesaid, to be reco'
cred in the joint names of the said jud!
es, in an action on the case founded {
this statute.
SEC. S. Whenever the buildings
land of said original district shall be S
to one portion of the same after divisic
and organization as provided in secti'
four of this act, and an assessment by sa
judges be made upon such district al
ordered to be paid to the other new d
trict, and the district so assessed sha
for the space of six months, neglect
refuse to pay to the district entitled
the same, the sum so assessed and ord,
ed to be paid by said judges, such d
trict to which the sum may be awarde
may recover the same of such delinque
district before any court proper to
the same, with legal. costs, in an acti
on the case founded on this statute.
SEC O. This act shall take effect fir
its passage.
Approved Nov. q, 1872.