Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1874-11-11
after NOON
sTNATT

AFTERNOON.
SENATE
/ BWs Hiroduccd anil referrfd-Ty senator REY.
] NoLDS, of Grand Isle an act relating to rail
rnads' and the appointment of railroad commits.
I -ioner 10 committee ON railroads.
Section oi the bill limits the fare on all rail
roads In the state forone person 10 three cents per
| mile The other sections Of the hill provide Tor
! the appointment Of n railroad commissioner, and
/ BY senator KING, Of Washington, an act relat-
ing 20 springs of water. allowing the right ot Law
ing water pipes and mains across private property,
ON condition of the payment of agreed or assessed
damages Nv general committee
By senator GEORGE II Orange an act 10 cx-
cnpl ten tons of hay from attachment 10 COM
mttoo on judiciary.
by senator SMirII, Of addison, an act to pay
James VI Sladc, Jr., s75-haance Of salary as
Secretary Of Civil and Military Affairs from 1870
20 1872; "a committee on claims
BY senator HENRY, Of Chittcndcn, an act To
authorize the purchase Of seventeen acres of land
at price not eNcee,ng, caOO per acre for the Re
form School; To committee on reform school
ly senator WILSON, Of Orleans an act to
amend IAN act To incorporate tho MisEisquoi
savings Bank aud Trust Company To committee
I ON hanks
BY senator ALLEN, ~ Rutland, an act to in
corporate the Lake Champain Manufacturing
Company. to committee on manufactures
RfI1rS nf committee Prom committee on iu-
dietary in favor NJ w. 1884, an act authorizing the
capital stock tu the members. read the third time
and passed in concurrence
From the same, In favor Of H. III. an act to en-
able Insurance companies to comply with the laws
Of other states and countries. third reading or
dcrod
trom the same adversely To 5 3a an act to-
prevent paupcrsm, intcmpertnce and crime, on
motion, ordered To lie.
Prom the same, in favor NJ II 40. an act relating
20 appeals arising under chapter ~, general stat
utcsi entitled "of the traffic in intoxicating
drinks ON motion, ordered to lie
From the same adversely 10 s -, nm net defn-
ing and supprcssing certain offences, third read
iug refused
From committee on claims in favor " :. 81, an
act to pay jeremiah &. Thornton the sum therein
named read the third time and passed
From the same in fayorof II 2,i9 an act to pay
tie town uf st. Alhans the sum therein named
thir1 reading ordered
From the same, in favor of H. 1IG am act to pay
W II Spaiford the sum therein named, third
reading ordered
From committee on banks, In favor Of S. 1S7, an
act 10 Incorporate the Bellows Falls Savings lnst
tuition and Trust Company, read the third time
and passed.
From committee on judiciary. in favorof 5 iO6.
m act providing for the election Of commissioner
Of finance. and defining his duties recnmmitted
for amendment
Npcctd ortiers--S S, an act in relatonto to the in
forest Of money
ON motion Of senator CIIESSMORE. of Chit
tcndcn the hill WAS dismissed.
Ioipf rcsolution-rroviding for the purchase Of
steel cngnyings of the first and present State
Houses Of Vermont, was taken from the table.
senator GRANGER, Of Caledonia opposed the
resolution
ON motion Of senator PROCTOR, Of Rutland
the resolution was ordered To lie and the usual
number Of copies printed for the use Of the as
semhly.
5. 20, an act in relation to the pay Of sherfis
was taken from the table.
senator CLARKE, Of Franklin, said in support
..f fuI.r huA
system Of shcrils fees which the bill proposed
To remedy.
senators Iadd, Page George, Wilson of Wind
sor, and Howe of Rutland, discussed the provisions
of the bill; the question being on the third read
ing of the bill, thrd reading refused,
From the table II l5l an act in relation 10 the
distribution OF intcstate estates, passage Of the
bill refused by q vote OF II to 10.
Joint rcsOlufiOnS-By senator COlRIkN, Of
Bennington, that the committee ON railroads. to
whom :. 30 an act To incorporate the Central
Railroad of Vermont is referred, be empowered,
in their investigation OF the same, to send for
such persons and papers, To be examined by said
committee, as they shall deem necessary for the
proper consideration Of the matters contained in
said bill adopted
BY senator CHESsMORE, of Chittenden, pro-
yiding for the printing Of the address OF George
W. Childs, delivered before the Re-union Society
Of Vermont Officers: adopted
ON motion Of senator KING, Of Washington,
adjourned. -
Reports From committee ON highways, bridges
and ferries in favor of II pa granting ferry To
Charles + Weatherbee read third time and
passed
from committee ON highways, bridges and fer
ries IN favor of II 253 granting ferry to Nolney
Rice, read third time aud passed
From committee ON Judiciary, against H. 2i7,
in amendment of an act relating to the authorize
ton Of persons 10 serve process, The question
being, shall the hill be read the third time9
pf Mllmluutpu
that the lawas tnow stands allowed AN authorized
person to serve process returnable before justices
Of the peace and gave him only one half the regu-
lar fees, while processes returnabe 10 u higher
court, served 10y an authorized person, were ent-
elcd to full fees This bill put authorized persons
on an eqaty, whether the process was returnable
before a Justice of the peace or n higher court
The plea 10 give only half fees to authorized per
sons, because II would take business away from
the regular officers, amounted To nothing, be-
cause where the plaintiff procured an authorized
person 10 serve process, such service was done at
the plaintiff > risk and II he takes the risk let
the authorized person have full fees therefor,
Mr. EDDY, Of Jamaica, stated the reasons that
Influenced the committee in reporting against the
bill lie said that all writs are arbitrary, writs
are signed IN blank and filled ont by the ATTORNEYS
aud put into an officers hand TO execute Then,
since these proceedings are thus arbitrary, the
writs should lac served by some sworn officer who
Is responsible to some law Of the state for the
manner in which he shall execute the duties Of
his office la the case of AN authorized person,
serving process such person is some one selected
by the plaintiff Ia execute arbitrary rule, and
Is quite likely to annoy the defendant by taking
such property as he ought not to take This check
OF half fees was very wise one placed upon the
employment at such unauthorized persons to pre-
vent the abuses To which that practice is zuscepti-
BILE. lie thought this bill was dangerous one and
ought not to pass.
Mr DAVENPORT Of Wilmington, said the
gentleman from Jamaica admits the injustice of
allowing fun fees for serving preceps returnable
to one court, aud only One-half fees for serving
similar precepts retunnabe to another court. The
effect of the law now is is TO compel the plain
Till 10 pay additional fees than what are allowed by
/ law, that may secure the service Of his precept.
Better give full fees 10 those who are called upon
to serve all prcceps and compel Justices TO see to
| II that none but suitable persons are 50 employed.
Mr EDDY, replied that the design of the law
was 10 allow authorized persons 10 serve process,
| only when duly authorized person could not
! seasonaby be had, and such person should not
/ have full fees, giving M bonds for the faithful
performance Of his duties.
The third reading Of the bill was then refused
/ ayes u, nays lOl,
From general committee In favor Of II n, re-
lating 10 the registry Of marriages and births with
/ amendment requiring the head Of the family to
/ make oath 10 the truth Of the statements made
| by them, which was agreed tn, and the bill was
| read the third time and passed
from distributing committee against IL 255, to
| pay Wick Brown the sum therein named: third
| reading refused.
From committee on judiciary, against ii. l2i,
relating 10 heirs-at-law third reading refused
From committee on highways, bridges and fer
| ries, in favor Of H. ld3, In amendment OF an act
| approved Nov. 26 1872 regulating the width of
rims or felloes Of the wheels of freight wagons,
] with proposals Of amendment, fixing width OF rim
| for one ton load at two inches which was agreed
to-yes 73 nays 20,
Mr. ABElIs Of West Haven, moved that the
/ bill be dismissed
The merits Of the bill were discussed by
Messrs. Eddy, Of Jamaica, Bartholomew, Of Ben
son, Houston Of Victory, Holden, Of Clarendon,
! Wells, Of CRANKY Davenport, Of Wilmington hnd
| Davis Of St Albans.
| The bill was then dismissed by decided vote
! From committee ON claims, In favor Of 5. T. 10
pay George W Crawford, the sum therein named
read the third time, and on motion Of Mr.. Powell,
Of kiehford, WAS ordered 10 lie.
! From committee ON claims, In favor Of H. 2l0
/ to pay Charles NJ, Whitaker, the sum therein
sum at 500 which was agreed 10, the bill was
read the third time and passed.
MIR WELLS, Of CRANKY, called up H. 2i5, To
amend an act approved Nov. ~ 1870, entitled an
act To extend the provisions OF an act entitled an
art 10 establish a State Normal School approx ed
Nov II, 1866. The bill was then read the third
time, as amended by proposal OF committee, and
passed
Uadnished busine@--H G3, to amend section
a. chapter 100, Of the general statutes was taken
up as unfinished business
Mr. DAVIS, Of St. Albans, said that all that
was wanted was 10 know just what this bill pro-
posed 10 do. There were two kinds Of action
one called tort, and another founded on contract.
Under actions OF tort, II the debtor Ia confined In
jail ON what is called close jail execution, there
I i a.. a. "A