The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1888-12-13

g passage.
Approved November p, 1883.
No. 57-AN ACT To AMEND SECTION
TWO OF NO. 10i OF THE ACTS OF 1882.
n is haeby enacted By he General assembly Of
the State Of Famom:
SEC. 1. Section two Of number one hundred
and one of the acts of 1889 is hereby amended
so as to read as follows; In state causes extra
compensation or fees may be allowed to wit
nesses called from without the state whether as
experts or otherwise, in case and only in case,
their production shall have been ordered by
judge of the supreme court, or by the judge Of
the county court presiding at the trial, to pre-
vent failure of justice, and such judge may, in
state causes, order any necessary evidence at the
expense of the state, to prevent failure of JUS
tee.
SEQ .. This act shall take effect from its
Approved November %, 1888.
No. SAN ACT REQUIRING THE AP-
pOINTMENT OF ASSISTANT TOWN
| CLERKS TO BE CERTIFIED AND RE
| TURNED TO THE COUNTY CLERK.
II is heebg enacted By the General assembly Of
the State Of Vermont:
SEC. L. Each assistant town clerk shall de
post with the clerk of his county copy of the
record of his appointment duly certified by the
town clerk making such appointment, and shall
also deposit a copy of his official oath, signed by
himself, with certificate of the magistrate adj
ministering the same, that he has taken such
oath. And, on compliance with the provisions
of this act, such county clerk is empowered to
| certify under seal 10 the official character OF |
such assistant town clerk.
SEC. 2. This act shall take effect from its
passage.
Approved November "a, 1888.
No 59.-AN ACT IN AMENDMENT OF |
SECTION 1888 OF THE REVISED LAWS, |
! RELATING TO FEES AND DUTIES OF |
| TOWN CLERKS.
His hereby enacted By the General Assembly Of
the State Of Vermont;
| SEC l. Section four thousand FIVE hundred
and thirty-eght of the revised laws is so
amended as to read as follows: Town clerks
| fees shall be as follows: For recording each
chattel mortgage, quit-claim warranty or mort
gage deed, including the certificate, fifty cents;
for receiving copy OF an attachment OF personal
property twenty-five cents, TO be paid by the
officer serving the same for all other copying
and recording, ten cents a folio; for the exam
nation of the town records at any one time,
twenty cents and if the time exceeds one hour,
at the rate of twenty cents an hour; for attend
ing each town or freeman's meeting, two dollars
pea day. Town clerks may require fees for all
recording to be paid in advance.
SEC. 9. 1t shall be the duty of town clerks
to provide and keep a book in which shall be
alphabetically indexed all attachments of per
sonal property lodged in his office, and said in
dex shall show the names of the parties TO the
suit in which the attachment is made, the court
and date of the court to which the attachment
is returnabe and the amount OF debt or dam
ages claimed in the writ.
Approved November 2G, 1888.
No. GO.-AN ACT RELATING TO THE RE.
TURNS OF JUSTICES OF THE PEACE
AND MUNICIPAL JUDGES.
II is hereby enacted By the General assembly Of
the State Of Vermont:
Tbora uIo11 ha maid In iustieas of thp
peace and municipal judges for ma king the re-
turns and keeping the accounts required by sec
tons two hundred and fifty, two hundred and |
ffty-one and two hundred and fifty-two revised !
laws, the following sums to be audited and al
lowed by the auditor of accounts, to wit to
justices having for allowance at a single term OF
court, bills Of costs not exceeding ten, the sum
of one dollar to justices having more than ten {
and not exceeding fifty bills of COSTS the sum of
two dollars and half and to those having
more than fifty bills, the sum of five dollars
SEC. g No fee shall be paid under the pro-
visions of this act to any justice or municipal
Judge who shall not have fled with the county
clerk ON or before the last day of the term OF
county court all returns required by said sec
tons and all his bills of costs for allowance at
such term.
SEC. 3. 1t shall be the duty of THE county
clerk to receive such returns and bills of costs ;
and keep them on file in his office in separate t
packages-the returns and bills of each justice (
in a single package-to call the attention of n
justices making returns to any deficiency or in :
fOrmality in the returns made, and TO endorse .
upon each package the date of its receipt; and I
for such service the clerk shall receive the sum
of fifty cents for each justice making full and l
proper returns such fees to be allowed in his
account for the term 4.
SEC. 1. No bill of costs shall be allowed to Il
any Justice or municipal Judge until after he
shall have filed his bills and returns with the
county clerk as provided in this act and pro !
cured the endorsement thereon of such clerk as
provided in section three.
SEC. 3. This act shall take effect on the first
day of February, A. ID. 1889.
Approved November "a, 1888.
No. CLAN ACT IN AMENDMENT
DISSECTION 1880 OF THE REVISED Q
LAWS, IN RELATION TO MORT
CAGES ON MACHINERY.
II is hereby enacted By The General assembly t
Of The, State Of Vermont
SEC. 1. Section 1880 of the Revised :.
Laws is hereby amended by inserting after =
the word mill" in the first line thereof, y
the following words, namely; "quarry, T
mine" ;
Approved October 30, 1888. !;
No. 81. AN ACT RELATING TO THE !
COMPENSATION OF COUNTY CLERKS.
his hereby enacted By the General assembly Of
the State Of Vermont:
SEC 1. County clerks shall keep and annu-
ally render to the state auditor an account of all
fees received by them to their own use, as such
clerks.
Approved November %, 1888.
No. GAN ACT RELATING TO THE COL
LECTION OF FINES AND COSTS.
II is hereby enacted By the General assembly Of Il
The State Of Vermont:
SEC. /. Bills of costs in cases in which fines t
and costs to the state shall not be allowed
until such fines and costs are accounted for, b
either by collection and payment the appeal u
and entry of the case in county court, commit C
ment to the house of correction, forfeiture of
bail, death OF respondent or suspension OF init p
timus under section three thousand eight hun
dred and thirteen, revised laws.
SEC. .. When bail is forfeited in such cases.
it shall be the duty of the auditor of accounts to
at once call the attention of the states attorney
to the case, and such states attorney, upon re-
ceiving such notice, shall commence proceedings
to enforce collection, and the bill of costs in such
case shall be held until such collection is made
or proceedings commenced. a
SEC. g. In no case arising under this act y
shall the fees of any witness of any official =
other than the justice be withheld beyond the !;
S Element made at the succeeding term of court I;
by of the failure of the justice to account -
for fines and costs upon presentation of bills of
costs for allowance. ,
Approved November a. 1888.
No. G4-AN ACT IN RELATION TO \
CAUSES IN SUPREME COURT
II is hae5y enacted By the General Assemblyof
the State Of Vermont:
SEC. Whenever a mandate from the SUI N
preme court is filed in vacation it shall bear the
certificate, approving or disappearing the sarae =,
of every judge who participates in the hearing. a
SEC. This act shall take effect from its 9
passage.
Approved November %, 1888, ,
No. GAN ACT ENLARGING THE JURIS- e
DICTION OF A JUDGE TO TAKE BAIL. b
II is hereby enacted By the General assembly Of a
The State Of Vermont: n
SIC. /. Section one thousand seven hundred
and ftythree of the revised laws Of the state of Il
Vermont is hereby amended so as to read as fol- 81
lows A Judge Of the supreme court, or a il
Judge Of the county court in the county for Il
which he was appointed, may take recogniz- Il
ance with sufficient surety of person committed d
to Jail for trial before the county court on a 81
criminal charge, in case not capital, or of a a
person appealing from conviction for a crime d
in justice municipal court who is committed
to Jail for emitting TO give bail, within the time G
limited by law in such case, for the personal APP
pearance of such person before the appellate p
court TO answer the charge, and thereupOn direct
the discharge Of such person from his commit
IL -