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

proved November o. 1874. entitled IN act rcHulati
the capture q nsh aud game as relates to the oacl
ing or destroying Of mink, beaver. hsher. or ott
Il hereby amended by stiikin out the word "Drtl
Der, and inserting in lieu thereof tho word "N'
vmhef
Soc ?. This act shall take eject from lis pal
cage,
approved, November ~ 1876.
No. s9.-Aua to amend an act approved Noyenbe
O, 1851.
1t Is hereby enacted. etc.
Sec. L. An act entitled an act for the preservalio
Of muskrais in tue towns therein mentioned. shall
amended BY STRIKING out the word "Orwen"
SEQ. 2. This act shall take effect from Its pal
aape.
Approved, November a. 1870.
No 6o.--An act TO protect hsh
II ia hereby enuctcd. etc
Sec l. Whenever the hsh commis,iorera sha
place any I sh M any pond or steam IN tlis kuit
they mty post on the ranks OF the same nOuo
that shlng therein, or m specified portions thereof
tears. and shall also give Ike notice IN newspape
published N the county.
sec. =. Ifsuy person or Jers ma 'hAli no oaite
hsh or att upt 10 hsh in said waters within tho m
20 specified such ferEun or porsons shall pay a mn
Of dollars e. the treasury Of the State, togethe
with The custs Of pros cution. and stand committee
until tho Judgment be- complied with. provided th
prosecution be commenced within sin months aitC
the Il nee II committed
sco, g. justices of the peace IN the several coun
~ rhal have Jurisd elton 10 hear aud determine al
offences against this chapter, and the same may b,
tried upon tho complaint Of the grand Juror OF III,
town which the offence was committed. or Of III,
ate attorney within and for the county IN whict
the offence was committed or OF ouo of the 81 com
missioneis ct the State OF Vermont.
Sec. 4. Any Iorson may be allowed 10 appeal from
the judgment rendered against him by any iuAtce
TIE tiial OF couplaiLt under this chapter pro
yidfd, he shall frst recognize 20 the Stste before
~ Justice, In such sum aud with such surety OF
sureies shall, In the Opinisn of such Justice, be
good and sufficient conditioned that he will prose
cute his appeal TO eject and Pay nil fines and costs
aud undergo all penalties that mpy be awarded
against him upon the ANAL disposition OF such com
plant
s,c. O. tshan be the duty Of the justice of the
peace or county court before whom any case arising
under this chapter tried, n icqutkted by either
party, to take the ecognizance OF such witnesses
shall be d eued necessary, for their appearance al
the county court, In the same sum In which the
spOndent IL ordered , iud bonds And IN case any
such witness shall oiuse TO enter into the boud Of
reeogu zince ordered, be may bs committed TO jail
GU the " rart OF tie Jusuc. or court making such
order
sec c. This act shall tlte ed,ot from itsp passage
A. prov Cd, November rs. 1876.
No. 0i- In act 10 reyent the use Of any explosive
mater al for ne purpose OF catching. klling or de.
stroyirg .nfh
IL is hereby enacted, etc.
Sec. j. II shall be unlawful for any person or per
sous 10 Al any time place IN any OF the waters
VI this state, any gimt blasting or Runpowder, I
Dther erplosive material. for the purpose Of catch
ing. kiling tr destroying hsh ana any perton vio-
TAT lg lhc lItNlrlNhb OF TINS feclOn tlAi be nnod
twonty Ave dollars for the FIRST offence double that
sum for the ,eccnd. sud treble that sum for each
succeeding offence, 10 which may to added impris-
Bee. q This act shall take fleet fom Its pas, age.
Approved, November Is, 1915
o. 6a An act for the better en- oreement OF the
acts concerning the capture of Ash dur ng the
spawning season.
II Is hereby enacted, etc
Bee. l. That the selectmen OF any wa may APP
. n
person TO be hsh warden therein, who shall have
pow,rio arrest within the county In which he shall
oo appointed on view any person found violating
any law for the preservation or protection Of sh and
10 take such person arrested Immediately Def 70
the proper court or magistrate aud to make COM
LIANT for and prosecute such offence.
rec. 2. Any person found ON tho public waters or
the shores thereof OF this state on private waters
or the shores thereof without the consent Of the
owner occuper thereof, In the possession Of any
net, hsh trap, spear jack, light gun with intent
to use the same for the capture destruction OF fell
contrary TO law, shall be deemed guilty OF INSIDE
meauOr, aud IN conviction thereof, shall be punish
cd by nne lot exceeding ten dollars. by nprison-
ment not excee ing thirty days or both such pun
ishmenls ia the discretion OF the court
Approved, nov. IS, 1876
Nc. 63.-An act relating to tho dLties Of Justices Of
tho eace and notaries public
II Ia hereby enacted. etc.
S,c. l. IL shall be the duty a each iuttlce OF ia,
peace and notary ppblic ia this State, before enter
ing upon the duitts OF his Cce to deposit with tnt
county elek OF the county for which no is elected
appointed copy Of hts CfileAl cath signed 10y him
SELF together With a certificate Of the magistrate ad
munster ing the snme, that he has taken said oath.
s'c ?. no county elerk shall issue a certificate o
me election or appointment Of such Jnstice of the
po &C r notary publ!c, ard Of his authority TO dis
charge the dutiss OF his raid oiiee until sid clerl
shall have received the sgnstnie anu certificate as
provided IN the preceding section
Approved. Get. AZ. 1876
No. 6i.-An a I in amendment Of feetion seventy o.
chapter ihirtY-one Of the general statutes relalin,
ioappeals ofjustices OF the p,aee.
IL is he,eLy epacted. etc.
Sec I. sect on seventy Of chapter thirycne o
the general siatutes. ~ hereby amended ~ Ms Il
read AZ follows No appeal shall 10 allowed ii
either Of tue following cases -
trst When Judgment was rendered by nOn.sul
ofds fault
Second - In acti, ms Gu notes md accounts state,
OF an amount not exec ding forty doarp, excep
that no appeal shall be denied party In n actor
ON note or account stated, when the adj dannum or
Do twenty dollars. who shall make afn0ayt befor
the court settling tortn that he has good deiouee
Third When neither the ad dam UNI In the pair
thswrit ntr the sum demanded by the declaration
nor the ipt ciheationH exhibits OF tho plaintiff "A
trial shali exceed twenty dilars--eIcolting action
Of hne ur pentiy, nctluus Of trespass on the free
hold, aud actions when the defendant pleads In on
SGT, any bOna lie dtmsnd or demands exoeedin,
tseny collars, aud actions when The defendant bonI
nde, pleads the authority OF any court owl or mill
taty, N excuse or Justheai ON or when the defon
dant shall. bona hde, plead Ia excuse Justification
that he Was acting M public cheer. when AM
tax or ax bill, warrant shs In good faith be pu
In Issue by the ploadnHs or ~ the proot except tina
other party ~ any action for tue money of any sab
tcripuun ~ tile capital stock OF any corporation ma
appeal provided, that no Judgment OF a lustic,
g urt IA care where an appta IL not allowed, Rhal
opui ate a. an estopl oil upon any question or matte
mt therein expressly ndjudicAed. and no right OF re
eoysry ,hnli thereby be sstabl shed upon any eoai
VrAl matter.
foarih.-ln criminal prosecutions when the res
pendent 10 acquitted.
Apr sVei November 18th 1876
No. d5.-An act 10 amend section twenty .soyon O
chapter ninety -four OF the general stitutsa.
Its her y enacted, etc,
soc. 1. section twenty-isyen OF chapter ninety
iour OF me general atAtutes IL hereby amended y
IA tOiead az folluwsi
II ,hal be the duty OF the justice OF the peae
oreonLty court before whom any case arising Jude
TINS chapter is tried n requested by either party.
take the recogniz ince OF ,he necessary wltnesse
Who shall appear before such court for their appeal
hnee a. the county court IA ease such cause be al
leaed 10 tho county court and Tor ttoir appoaranS
before ihe same curt Ia Csc such cause be COL
hnted ~ the ZANE sum IN which the respondent
ordered to nns bonds and In ease any such witnel
shall toiuse to on'or into tho bond OF rscognisln
ordered lac may DO committed 10 jail ON tho wsrrai
Of the luttee or count making such order.
See J. lhia act shah take en 81 from its pafssgs
AIprS 90, November IS. 1870
No GOAu act In relation to witnessed In civil sult
II IA hereby enacted etc
SC IN any owl suit or prog eeding at Law
,outrsct or cause a action Ia issue aud on trial
dead, the other party shall not Tor that reason
al quar- ned a. WITNESS Ia any case upon Any Que
uol upon Which the testimony OF suoh deceas,
psfy hall have been tattn la writing, or by q ste
'geal her IN opeu court & 10 used ana Will Is q
iuici aud used IN such suit or proceeding, but Il
tsn ony Of such party shall be- admitted Ia the saa
manner aud under the same restriction Us thou,
such deceased party were living.
h'c >, 1hls act shall iaAe effect from It's passage.
Approved, November ~, 1876
NJ. CT An act In 10 relation TO the dschArge
trustees IN certain sles.
II IL hereby enacted, etc.
Soc l, Ia All actions before any city, munich
or Jastiee courts, wherein any person corporate,
u iuminond ~ trustee OF any defendant, aud Il
defendant therein shall dosro 10 discharge the ps
sin CT ron Grafton truAteed ~ aioressd toa nAbli
upnn sueh trustee process, he may Mo with su
count q fond 10 the plaintiff In a sum equal 10 h
amount vi ich attachment IL directed in the wi
~ be mace, wi At least two surcilrs who shall
worth "a the aggregate an amount double the gu
spre.hed Ia the bond over and above ali debts q
iia1ihi''s and property exempt by Law from exec
,he lad m ut. II Auy, which ths plsiniin may
c.Fst "a T. 9 eaii.n agaDst the defendant
BE- NLehtysr sucn bold IL nied with su
- II, the curt shall cause notice thereof ~