Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1877-01-22

ing two hundred doIais or by imprisonment in the
state prison for term not exceeding one year.
Sec 2. This act shall take effect from its passage.
Approved November 90, 1876
No. 72-An act in addition to section four of chapter
thirty-one Of the general statutes.
1t is hereby enacted, etc..
Sec. |. In addition to duties required by section
four OF chapter thrtyone every justice Of the peace
before whom any criminal action IS heard when the
fine is payable TO the treasurer Of the shall make
return to such treasurer at the time said chapter
provided for making such returns the name of the
prosecuting officer. the officer making arrest and of
each witness. and the amount of fees due each. and
said fees shall In all be paid by such treasurer
from the treasury of such town to the persons entitled
upon their order II called for within from the
date Of such return
Sec 2 This act shall take effect from its passage
Approved NovembeE2S, 1916.
No. 73-An act providing for the payment of fees OF
jurors in criminal prosecutions before Justices
1t Is hereby enacted, etc.:
Sec. l. Section forty of chapter one hundred and
twentysx Of the general statutes Is hereby so amend
ed as to read rs follows:
Sec. 40. Jurors fees before justice shall be- for
trying each action nifty cents EACH to he advanced by
the party paying for jurv in civil cause, before
venire shall ISSUE but in criminal cause the respon-
dent shall be entitled to jury II demanded without
advancing the jurors fees, and conviction said fees
shall be taxed against the respondent together with
the fees Of the officer for summoning the jury and at
tending court.
Sec 2. This act shall take effect from its passage
Approved November Is. 1875.
No. 74-An act to simplify and expedite proceedings
upon wrts OF quo warranto, certiorari, mandamus
and prohibition.
1t is hereby enacted. etc..
Sec |. In any case proper for issuing writ of quo
warrantO the proceedings may lie commenced by a
written complaint addressed to the supreme court,
setting forth the facts warTantng the of the writ
and the Judgment sought thereon which complaint
may be presented to the supreme court whenever in
session, to any judge Of the supreme conrt at any
time which said court or judge may thereupon make
all proper orders for the giving notice of such
plant to the parties complained or or to be affected
by the proceedings; for the making answer to such
complaint for taking the testimony by deposition
otherwise for the time and place of hearing the cause
and for all other matters necessary and required to
bring such 10 ISSUE hearing. and determination
in the supreme court at the earliest practicable day.
Sec. 2. Such Judge court may make such CON-
plant returpable to anv term OF the supreme court
wherever sitting and the court may transfer the
from county to county for the purpose Of securing
more speedy hearing and determination thereof
Sec. 5. Such complaint may he preferred and pros
ecued by the states attorney of the proper county by
virtue of his office either upon his motion upon
in the matter of the complaint shall be duly
recognizance f6r the shall enter into
in case costs shall be adudged upon failure Of te
| prosecution.
Sec. 4. Upon the hearing OF such complaint unless
good he shown for further delay the court shall
definitely determine the right involved and render the
appropriate judgment in the and if the writ
had issued absolutely in the first instance and
may be adjudged for against either party may be
equitable.
Sec 3. When any such complaint shall be fled
against any person persons for usurping any office
or franchise the complaint may also forth the name
| or names Of the person persons. If any, who NAV
claim to be rghfuly entitled to such office franchise
with avertmet OF his or their right thereto and any
number OF persons claiming and occupying the same
Office franchise. may be joined IN such complaint as
defendants and in any such case judgment shall be
rendered upon the right of the defendant and also
on the person persons claimed To be entitled or
only upon the right OF the defendant Justice shall
require and such complaint shall not IN any fail
for the Of the expiration Of the term of such
| Office or by resignation thereof but the cause may
proceed To Judgment. and TO the awarding OF costs
Notwithstanding; and in any such Office while
such complaint is pending and another person
shall come in as his successor for such vacancy. such
successor may be brought into the as defendant
upon such notice as the court OF judge thereof
direct. and shall be bound by the proceedings already
taken.
Sec 6. The court In any such case nav make all
necessary and proper orders for the perfeciing and
carrying out Of its Judgment and orders. and may
force such Judgment and orders by execution and by
process for contempt
Sec. 7. The FIRST, second and fourth sections Of this
act shall also apply to writs Of mandamus and prohi
beton.
Sec 8. This act shall take effect from its passage
| Approved November IL, 1875.
No An act relation to the rendition of fugtive
from justice.
II is hereby enacted. etc.
Sec. I. Whenever any person shall be arrested with
In this state by virtue Of warrant issued by the gov
ernor Of this state upon reQustiOn Of the gOverno
chief magistrate OF any other state territory,
fugitive from Justice under the laws OF the Unite,
States he shall not be delivered the agent
such state territory until he has been notified OF tn
demand made for his surrender and had opportunit
to apply for writ OF habeas corpus, he claims sucl
right OF the officer making the arrest within the spac
oftwentyfour hours after being notified Of the demand
| made for his surrender.
Sec 2. This act shall take effect from its passage
Approved November %. 1875.
No. 7e-An act for the appointment OF guardians 70
married women in certain cases.
II Is hereby enacted. etc
Sec. !. The words 'insane persons" in sectio
twelve. chapter seventytwO Of the general statutes
shall extend TO and include women who insane IN
have real and personal estate and the probate cOuT
! may appoint guardians OF such insane married wome
in the same manner and with the same powers an
duties now provided by law in the Of nsan
persons except as hereinafter provided.
Sec. 2. Before :he probate court shall appoint an
: person guardian OF married woman other than he
husband. notice Of the application Of such appoin
ment and OF the time and place Of hearing shall Il
given TO the husband at least twelve days prior to tn
time set for such hearing
Sec. g. The appointment of guardian OF an insan
married woman shall not relieve her husband n oil
liability to support her, nor shall it deprive him Of tn
custody OF het person so long as he is suitable an
u | competent to have the care or his wife.
: Sec T. This act shall take effect from its passage.
: Approved November 81, 1915.
No. 77.-An act allowing the lbellant and libelee
! cases OF divorce to be witnesses.
|
y Sec l. The libellantand libeee shall be competeI
II witnesses in trials on libel for divorce where II
g cause alleged in the libel is intoerabe severity
!. wilful desertion.
Approved November %. 1876.
No 7s-An act to amend an act in addition to chapt
. twenty-five Of the general statutes entitled "of
pairs Of highways and bridges" approved Novemb
90 1872.
u 1t is hereby enacted. etc.:
IS Sec. l.. Section of act in addition to chapt
twenty-five of the general statutes. entitled of repai
u Of highways and bridges" approved November 2
% 1879, shall be so amended as to read follows:
All freight wagons, carts or carriages, carrying
'r Transporting more than ;hTee tons in weight lie
than four TONS shall have the rims elloes of thu
e wheels at least three inches wide. and if carrying mo
ie than four tons Of freight the and felloes OF q
wheels thereof shall he at least four inches WIDE
vded the selectmen any may in their diScret
- give any person permission to use wagons. carts
&c carriages in their respective towns with the rims
less width than is provided in this section. when
y their opinion the highways would not be greatly
le jured thereby.
or Sec This act shall take effect from its passage
ne Approved November 2s, 1876
No 90 An act providing for the protection Of hic
th ways from obstruction by snow drifts.
ne II is hereby enacted. ETC.:
al Sec. l. Whenever in the opinion of the selectm
OF any town auy public highway in 81 oh town is lial
OF TO be obstructed by drifts, which may be p
ne vented by the erection and maintenance Of hi
cC fence on land adjoining the limit Of such highw;
ne said seecmen application in writing for such p
IS pose signed by three reeholders Of such 90
and on notice to the owner occupant of such lal
may order and cause such high fence to be built a
maintained and shall thereupOn proceed to assess su
damage as shall seem reasonable for the said erect
and maintenance, and shall tender pay the sums
he allowed to such landowner o occupant.
W. Sec 2. II the owner or occupant Of such land
shall be affected by the provisions Of section one
this act shall not be satisfied with the damages allC
nr- ed by the selecmen, such owner occupant sh
by have the right Of appeal IN the manner and
M tent he would have under the statutes in cast
its appeal from apprsa of selectmen in opening highwa
nd Sec 8. Every order OF the selectmen under the
led visions OF this act shall he recorded in the cer
Is Office in the town in which the land to be affec
to thereby is situated