Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1884-12-19

required to attend the County Court for the
purposes named in the preceding section, he
shall be allowed double the fees of a witness
before the grand jury, to be paid by the
proper vouchers.
Approved Nov. 25, 1884.
No 113-An act authorizing telephone COM
munication with public offices.
Ii is hereby enacted etc:
SEC l. The assistant judges of the county
courts of the several counties in this state are
hereby authorized in their discretion to make
for communication by telephone
with either one of the following offices: county
clerks, sheritfs or judge or register of probate,
situate in any shire town or city in this state,
which has now or which may hereafter have
communication, and to draw or
ders on the county treasury for the payment
of the same, and may also, in their discretion
order payment for any telephone instrument
already placed in such office at the personal
expense of any of the officers above named.
SEC. 2. This act shall take effect from its
passage.
Approved Nov. Z, 1884.
No. 114.-An act in addition to chapter 1853 of
Revised Laws
1t is hereby enacted, ETC.:
SEC. l. Every person or corporation main
tanning or operating telephone, Geographic
or other electrical line, who cuts down, mu-
tilates or Injuries the trees standing upon the
land of another, and any one who, in any
manner, atfiXes or causes to be affixed to the
property of another, any post, structure, fix
ture, wire or other apparatus for telephone,
Geographic or other electrical communica-
ton, without first having procured the right
so to do by application to and determination
of the selectmen of the town, agreeably to
chapter one hundred and siXty-three 1853 of
the Revised Laws of Vermont, or first obtain
ing the consent of the owner or lawful agent of
the owner of such property, SHALL on COM
plant of such owner or his tenant, be pun
ished by fine not exceeding one hundred dol
lars.
Approved Nov. 3d. 1884.
No. 115.-An act in addition to section ITO of
revised Laws, relating to bail in civil causes.
1t is hereby enacted, etc.:
SEC. l. When an order for bail is made by
a court in accordance with the provisions of
section 1175 of Revised Laws, it shall be a
sufficient compliance with such order if the
party required to furnish bail shall, with suf-
ticient surety to be approved by the clerk,
enter into personal recognizance before the
clerk in the amount, and at the time required,
which recOgnizance shall be entered by the
clerk upon the docket of the case, and may be
taken in vacation as we'll as in term time.
Approved Nov. %, 1884.
No. 116-An act in amendment of section S51
of the Revised Laws of Vermont, relating
to the jurisdiction of constables in serving
process
1t is hereby enacted, etc.:
SEC. 1. Section S51 of the Revised Laws OF
Vermont, is hereby amended so as to read as
follows: A constable may (within the town
for which he Is elected) serve any writ OF
precept which sheriff may serve; and a con.
stable may serve any process, either civil OF
criminal, anywhere within the state, return
able to any court in the State, when the town
in which such constable is elected votes at its
annual meeting to give him such jurisdiction
| SEC. 3. Number ninety-Seven of the Laws
of Vermont for the year 1882, entitled: "AI
act in amendment of section 851 of the Revised
! Laws of Vermont, relating to the jurisdiction
of constables in serving process, approved
! November 9, 1882" is hereby repealed.
SEC. 3. This act shall take effect from its
| passage
Approved Oct. 81, 1884,
No. 117.--An act providing for summoning
special jury in extraordinary cases in the
county court.
| 1t is hereby enacted, ETC..
SEC. 1. When appears to a county court thai
fair and impartial trial of an issue of fact pend
| ing in such court cannot be had without struck
jury, or that the importance, intricacy or specia
circumstances Of a cause pending la such cour
requires Il struck jury, the court shall direct
special jury to be struck for the trial OF suct
| cause.
SEC. 2. Within twenty-four hours after suct
order is made, the assistant judges of sucl
county court and the clerk of such county, acting
as commissioners, shall prepare list Of forty
eight names of persons selected by them, whom
them deem most Indifferent between the parties
and best qualified to try the issue; which persons
shall be judicious citizens of such county, and
selected fairly from among the several towns
thereof the list made shall be certified by SAID
commissioners and filed in the clerks office
SEC. 3. The parties to such cause or their at
torneys or counsel shall attend at such clerks
Office at such time within twenty-four hours after
such list is filed, as shall be designated by said
clerk therefor; the plaintiff may thereupon first
| strike from the list one name; the defendant may
| then strike theretrom one name; and so alternately
until each party has stricken out twelve names
If either party fails to attend at the time of strk
ing the jury, or negects to strike out a name in
his turn, one of the said assistant judges shall
strike for him.
SEC. A. The clerk shall thereupon make list
of the names of the "a persons not stricken oul
and certify that it is a list of persons drawn tC
serve as special jurors for such cause pursuant tC
the order of the court. And he shall issue tC
the Sheriff venire commanding him to summon
the persons so drawn to appear before the court
to serve as jurors at such day and hour as the
court shall appoint for the trial of such cause.
SEC. 5. The provisions of the Revised Law:
respecting the summonng, attending, eXcusing
challenging, filling up of the panel, and pay, o.
an ordinary petit jury shall apply to the further
proceedings in such cause, which shall thereafter
be conducted as upon an ordinary jury trial.
Approved Nov. "A, 1851
| No. 11S.-An act in amendment of section S7(
of Revised Laws of Vermont relating to the
time of service of process.
1t is hereby enacted etc.:
SEC. /. Section $40 of the Revised Laws il
hereby amended so as to read as follows:
No process, except escape warrants, and war
rants for experimenting principal in favor o
bail, and in cases of treason felony, misdemeanor
and in cases arising under the police regulations
of incorporated cities and villages, or arising
under any law for the suppression of the traffic ir
intoxicating liquors, shall be served or executed
on resident of the United States after sunset OF
Saturday, until after twelve o'clock at night o
the following Sunday, and any such ATTEMPTED
service shall be void.
SEC. 2. This act shall take effect from its pas
sage.
Approved Oct. 18th, 1884.
No. 119.-An act relating to payment Q
fines and costs when the respondent is CON
mitted in default of payment, and in amend
ment of section 4375 of the Revised Laws.
1t is hereby enacted, ETC.:
SEC. l. Section 1875 of the Revised Laws
hereby amended so as to read as follows
When the penalty is wholly or partly by fin