Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1876-11-29

All freight Wagors ca IL or carriages carrying
Transporting mole than thTea tons Ia weight and IL
than four tons 'hai have The rims feloes Of the
wheels at least three ,tches vide. and II carryii
more thiu four tons " feii ht the rims and fello
ftho wheels the-snf slall DO A. last tour inch
vide provided The - lac ucn of any town may
their discretion give Any uerton permiss on 20 u
wagons, carts or CART r. IN their respective town
with the rims Of less wild h than ia provided In ihi
section, Vhen in their Cpl ''n tho iighwn Won
not be greatly injured thereby.
Sec ?. THIS act shall tai erect from IL pns az
Approved, November ~, ~ G.
No 70 An act providing for the protection Of hgl
ways from obstruction by snow tifts.
IL 10 hereby enacted, etc.
Sec. l. Wherever. in The opinion Of the selectme
ofhny town, any public highway In such town
liable 10 be tbsn ucted by snow drifts, which may
prevented by the erection aud maintenance Of hig
ienco on land adjoining tho limit OF such hghwa,
said telectmeu on application In writing for sucl
purposo, signed by three more freehodera Of sue
tOWn. and on notice 10 the ownsr or oc-upant O
snch land, may order and o1uso such high fence
to be built and maintained and shall there pom Pre-
coed 10 assess such damugs az shall feem reasonabi
for the sad erection aud maintenance. and sha
tender or pay the sums 30 allowed 10 such land
owner or occupant
Sec. o. II the owner or occupant Of such land a
shah be affected by the provisions Of section one
this act, shall not bo satisfied with the amount o
damages allowed by the selecimon, such owner &
manner and extent a. he w"i'd have under III,
statutes In Of appeal from the appraisal OF 10
ttlilth IN opening hlfuWay-.
Sec 3. livery order Of the felectmen under III
provisions Of this sci shall be recorded In the tow
clerks oace 10 the town in which the land TO be al
frcied thereby Ia situated.
FEC. II any person shall WHOLLY lnjuro, toa
down or destroy any such hieh fence. embraced II
any order # tho selecimen under the provisions o
ihis ast, such person shall be punished by hne no
eacee ding one hundie cd dollars.
Approved, November 20. 1876.
No. s0.-An act in amendment to sections fourtser
lliogu "a T. tva al .Iafaf
utee.
l, is hereby enacted, etc.
See. l. Tho word transient" wherever II occurs
~ sections fourteen and fifteen of chapter twenty OF
the general statutes, Is stricken out
Sec. O. This act shall take effect from its passage
Aipro ed Nov. "a, 1876.
10 Sl-An act 10 amend section forty-four Of char
Ter torty-oght OF the general statutes relating TO
the overs of the prob ito court
II II hereby enacted,tte
Sec. !. The forty-ioufth section OF chapter iorty-
eight of the general statutes, Is hereby amended 40
As 70 read ns follows, viz. In all cases when de-
ceased person shal in his life time, have held lAnds
ia towns for any other person, where lands shalt
have been set on execution, or shall have passed
under decree OF foreclosure To such dec ased per.
son or TO bis executor, or administrator, any debt
Ia the name olsnrh deceased pers n, but being the
proper debt OF some other person and not bringing
IN any wise to the deceased person. the probate
may altor notice given al required IN the preceding
section OF said chapter grant license To the executor
or administrator 10 deed such lands TO the per o d,
bis executor or Administrator for whose use And
dement, they may be holden and the probate court
may decree the execution OF any such trust whether
created by deed or by law.
Sec. 2. This act shall take effect from ITS passage
Approved Oct. 20, 1876.
no. s2An act In addition to ch per hfty.one OF the
general statutes. entitled "Of the administration
ana distribution of intcstato estates"
! is hereby enacted, etc.
Sec. l. II any person entitled to a dlstrlbutiye
mare OF The estate OF any deceased person. shnl have
an 40 n hall Iaa l.aas. a 80
u hiteen years Ave years OF which shall DO after the
ieAth Of such deceased person,--or shall have been
II shall DO assent aud unheard of for the period Of
weu'y Ave years, two years of which shall DO after
he death Of such deceased person. the probate court
nay order the share such absent person 10 be dis
no ited among bis linea heirs fanny he has other
sise among the heirs OF such deceased person pro-
'lded. " such absent person shall prove to bo alive
re SHAH be entitled to his share OF such estate not
outstanding the distriouton thereof as aforesaid,
ana may sue for and recover In action on the cnse
or money had and received, any portion thereof
which aDy ono may have received under such order
u the probate court provided further that before
IN order shall be made for the payment or stribu.
ION OF any money or estale as herein authorised the
Probate court shall cause notice to BE- given In the
ane way that notice IL now required by law to be
md such other notice, by publication or otherw se
- the court shall deem proper
Sec 2. IL any person Hhall have been or shall be
ereafer absent and unhfard from for the period OF
iheen years. such assent person shall be d, ened TO
'e dead, and the probate court having Jurisdiction OF
lis estate shall have ywer to grant letters of admin
sration thereof and proceed with said estate In due
curse OF the law FIR the settlement Of Interstate
ttate and decree Of there 10 the known
iers OF such absent person provided. II sueh ab-
ent person shall prove to be awe. he shall be entl-
led TO Ills eatAte Notwithstanding tho settlement and
distribution thereof in manner aforesaid, and nav
'uo for and recover in action ON tho case for
Money haa ana received, any portion thereof which
rioution thefeofss Aforesaid
Sec. D. An act eutltlei act IN addition 10 chan.
N-Qp M nj -
and distribution of interstate estates
md approved October 9th, 1870 10 hereby repeal d
rec. T. This act shall take Ell. C. from It's passsge
Approved. Nov, 70. 1876
70. s3.--An act In amendment OF section twenty
-FOUR, OF chapter hirtytx, OF tho general statutes
Is hereby enacted, vtc.i
Foo l. That the provisions In elton twenty.four
fspter thirty Ol Il eou tai statutef shall be 90
mended as g. read rs ioli,wsi
Provided, that IN all actions, except actions OF
uok account. where one Of the original uartie. 10
he contract or cause of action in issue aud On rai
dead, OF IL shown 70 the court u DO insane. the
liner party sLall not be admitted to testify IN IA
WI iaVor except to meet or explain tho testimony
living wtnt stcs produced against him. as to facts
n circum'tances tatiug place after the death Of tie
ther party and VIII 70 aus executor or
= party, the other party I'll ali not be admitted To
esty IN Ms own favor uhies the contract in issue
vas originally made with person who is living aud
Competent 70 testify exee.t TO such acts an con
racts as have been done or made since the probate
u the VIII, or tue appointment OF the aominisrn-
or, and To meet or cap ain tue testimony of living
Witnesses produced aAsinst hm as to facts aud CIR
taking place after the death of the 9th r
'srty. Proyiled, further, that in actions of book
ccount, aud where toe matter In 10 ne aud on trial
. proper natter OF book account the pariy living
nay be witness In his own favor far as 10 povo
n whose handwriting his charges are aud when
made and no further. except 10 meet explain tue
estimeny OF living witnesses producsd agsinst him
. TO facts or circumstances taking Ilaee after tho
eaih 81 the other party
Sec q. THIS act snail take eG.c from ita p.ssae
Approved November 2s. Is O.
10. si.An act 10 relation TO pntias and appeas in
the rotate court aud In add toa to chapter forty
eight Of the genera statutes.
L Ia hereby euacted, &c.
Sec. l. Upon tho settlement of the account OF sny
Executor. administrator. guardian, trusiss, ar other
person accounting before the probste court. any pet
ION liable as sure In respect TO snch account IN ~
ipon application Tor that purpose be admitted AS 4
'arty u such accounting, and .hAl be emitted to An
'lpea to the county court IN The manner aud uud,
he same reductions al are provided tor appeals
rom the probate court in chapter forty 81 ihs
General htutes provided. that tho surety 20 APP
'eslli In such cause shall before the appeal shal
allowed. give bond, as well TO ,ecure MS
,al from damages aud cost, as to secure The inter
Iening damages and costs to tho adv rae party.
ste. q Ihi. act tha take Cd, CT from its la,sage
Approval November 70. 1876.
No. S.-An act In amendment OF sertion three OF
chapter Nifty OF the general statutes, relat ng T.
letters t.st ment,iy add other proceedings on tao
prObste OF will
Il IL hereby enacted, etc.
Sec. Section turo OF cha ter nfly OF tho general
tantts Ia hereby 80 amended as TO read as iollo~s
II the Executor thAl be rssiduAfy leeaiee in.taad
the bond PIE srfib In section two said chapter
be may give bond In such sum aad with such SUI e.
Hes ~ tho court may dire,t. with n condition only
10 ply the debts aud legaces OF tho estate, and ia
IA case he shall hot lie quired TO return inyen-
tory. Ana II the testaior IN his will ditecta that
no bond. or ,nly the individual bond OF the execu.
tor, be required instead Of the bond prescribed in
aecton two OF snid chapter he mry Give his
oil bond a. directed IN raid will. bu. he shall also
give bond m such sum aud with such suroiies as
the court shall require, with condition to pay oply
the debts OF tue tesator but the court may require
OF the executor such further md al any lime "a the
court shall deem proper 10 case Of a subsequent
change la the ci-cnmsAn OF the executor aud for
o shef Sufficient caunes
frst-fo administrator. according TO law and 10
the viii Of the teststJr all his goods ohatles
edits aud state. which shalt Of any tune cone to
his possession or TO the Of any other per.
sen for him and OF the same pay aud dscharas all
debts legacits anu charges chargabio on tao same
or such dividends thereon as saall DO oid rcd aud
deer, ed by the PROBATE court
eecond-Io forder a true and lust acf cunt Of hi,
naturalization to tbs probate court within one year
and at any other time when required by said court
Third-lo perform all orders aud DEGREES OF M
probate court, by tho executor to DO performed IL
the premises.
Sec. q THIS act ,hall tske effect from its passage