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

persons.
1t is hereby enacted. etc:
SEC. l. Whenever person, having dOmi- |
cile in this State shall remain beyond the sea- |
or shall absent himself, in this State or else
where, and shall remain unheard from for the
space of three years next preceding the time
of the application herein in this section pro-
vided for; or whenever any person having
domicile within this State shall suddenly or
mysteriously disappear, under such circum-
stances as shall satisfy the court that there is
reasonable ground to believe that such person
is lost, or has become insane and cannot be
found, or is dead, or has been made way with,
then in any such case, on application by
petition of any of the nearest relatives of such
person, or if there be no relatives of such
person within this state who shall so apply.
then upon the application of the overseer of
the poor of the town in which was the last
known domicile of such person. the Probate
Court in the district in which such town is
situated shall appoint one or more trusees of
the estate, real and personal, of such person.
SEC. >. Before entering upon the duties of
said trust, the trustee or trustees so appointed
shall execute and file with said Probate Court
bond in such penalty and with such surety
or suretieS as shall be approved in the man
ner directed and provided for in the order APP
pointing such trustee or trustees, which bond
shall provide for the return to the Probate
Court within three months, of true and per-
feet inventory of the goods chattelS, rights,
credits and estate of such absentperson, which
shall come to his possession or knowledge, for
the faithful performance of the trust, for a
just and true accounting whenever thereunto
required by said Probate Court for a full and
complete transfer and delivery or distribution
of all property and estate which may come
into the hands of such trustee, whenever
thereuntO required by said Probate Court, and
for the performance of all orders and DEGREES
of the Probate Court by him to be performed
in the premises. The Probate Court may
require additional bonds of such trustee or
trustees, whenever the court shall deem the
same necessary.
SEC. 3. Said trustees may me removed and
others appointed, as provided in chapter 119,
of the Revised Laws of Vermont. And said
bonds may be prosecuted as probate bonds
are now prosecuted by the provisions of chap
ter 100 of the Revised Laws of Vermont.
SEC. 4. Such trustee or trustees shall
become and be vested with all the property,
real and personal, rights, chooses in action and
evidences of property and indebtedness which
were or may be of such person so absent or hay-
ing so disappeared, and shall have power and
authority to enter into and upon and to take
possession of all such property, real and per-
sonal, to receive payment and discharge any
and all debts dues and demands to or i'll favor
of such person. to sue in any and all courts
for the recovery, enforcement and collection
of such property, rights, chooses in action, evil
dence of property or Indebtedness. and OF all
debts due or demands to or in favor OF such
person or such trustee or trustees, and may
defend all actions or suits i'll law or equity
which are necessary for the protection of the
property or rights Of such person.
SEC. .. If claims against such person are
disputed, the same proceedings shall be had
for the ascertainment of the amount due and
its payment as is provided in the case OF dis
puted claims against wards, by sections 24lO,
2471, 2472 2473 and 2474 of the Revised Laws.
SEC. g.. Trustees appointed under the pro-
visions of this act shall return an inventory,
and the estate shall be appraised by COM
mittee appointed and sworn, as provided in
case of an estate of deceased person.
SEC. Z. The Probate Court may make such
direction as shall seem equitable for the appll-
cation of the estate or property, or any part
thereof, in the hands of such trustee or truS-
tees, to the support and maintenance of the
family of such absent person, and shall have
power to direct such trustee or trustees to
dispose of such estate or property and invest
the proceeds of the same, as the law relating
to the sale and investment of trust estates
provides, and the rights of the parties inter
eSted may require.
appearing shall prove to be alive, said trustee
or trustees shall surrender to him all property
and effects, or the proceeds of the same, which
shall have come into the hands of such trus-
tee or trustees and in case letters testament
airy shall be granted upon the last will and
testament of person so absent or having sc
disappeared, or in case letters of administra.
ton upon his estate shall be issued, such truS
tee or trustees shall surrender to the executor
or administrator receiving such letters OF
administration or such letters testamentary
all property, effects and estate of such person
SEC 8. Such trustee or trustees shall be
allowed out OF the estate and property, in his
or their hands, all lawful disbursements il
and about the discharge of the duties of such
trustee, and shall also be allowed such pay fol
services as is allowed by law to executors and
administrators
SEC. 10. From any order made pursuant tc
the provisions of this act, an appeal may be
taken to the County Court, as provided by
Law for appeals from an order, sentence, decree
or denial of Probate Court
SEC. II. This act shall take effect from its
passage.
Approved Nov. 26, 1894.
No. 111.-An act relating to the election and
drawing of grand and petit jurors and
repeating sections 2730 and 2731 of the
&c Revised Laws"
1t is hereby enacted etc.:
SEC. 1. Members of the board of civil
authority present at an annual town meeting
shall nominate to the meeting such number OF
persons for grand and petit jurors, to attend
the county court for the year ensuing, as they
judge Will be the proportion of the town, and
they shall be chosen by the town, atsuch meet
ing; and the town clerk shall, within five days
thereafter, return by mail to the clerk of the
County Court, his certificate of election OF
the persons so chosen, therein giving the full
name and post office address of each per.
son; and the clerk of the County Court shall
write the name and post office address of each
person, so returned, on a separate piece OF
thick paper, such pieces of paper to be OF
uniform size and color, and he shall put them
into box to be kept in his office, for that
purpose, keeping the names from each town
in separate compartment and such box
shall contain one large compartment into
which the names from the respective towns
shall successfully be placed for the drawing
of grand and petit jurors specified in section
1888 of the Revised Laws and every person
drawn by the sheriff or his deputy to serve as
grand or petit juror, from any town contain.
ing more than two hundred inhabitants, shall
be disqualified from again serving as juror
for two years from such drawing
SEC. g Whenever from any cause a towI
shall fail to choose at an annual town meet
ing, such number of persons for grand anC
petit jurors, to attend the County Court fol
the year ensuing, as would be the proportion
of the town; or the town clerk shall neglect
to return by mail to the clerk of the county
court, within five days thereafter, his certi
ficate of the election of the persons so chosen
it shall be the duty of the judges of the
county court for the county in which sucl
town may be located, upon being notified by tn,
clerk of the said county of such delinquency
to nominate and appoint the requisite mum
Der of citizens of such town to supply thu
deficiency. and thereupon the clerk of thu
court shall certify, under:seal.to the clerk o
the said town, the name of the persons 81
chosen and appointed, and shall place tn,
same in boxes in his office in the manner pre-
scribed by law.
SEC. g. The names of the persons so ap