davidaulloa/AmericanStories huggingface dataset:
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1913-03-05
NO. 103.

AN ACT TO AMEND SECTION 1896
OF THE PUBLIC STATUTES, RE
LATING TO THE ORDER OF
PAYMENT OF DEBTS OF INSOL-
VENT ESTATES.
1t is hereby enacted by the General
Assembly Of the State Of Vermont:
Section l. Section 1896 of the Pub
lie Statutes is hereby amended so as
TO read as follows:
Sac. 1896 If the assets which can
ne appropriated for the payment or
debts are not sufficient for that pur-
pose, the executor or administrator
shall, after paying the necessary eX-
penses Of administration, pay the
debts against the estate in the fol-
lowing order:
l. The necessary funeral expenses.
II. The expense of erecting a
marker or headstone at the grave of
the deceased not to exceed twenty-five
dollars, If so ordered and allowed by
the judge of probate.
III. The expenses of the last sick
ness.
". Taxes.
V. Debts due the state.
vi. Debts due the United States.
VII. Wages due workmen, clerks
or servants which have been earned
within three months prior to the
death of the testator or intestate, not
to exceed fifty dollars TO each claim
ant.
VIII Debts due o.her creditors.
Approved November 10, 1912.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1913-03-05
NO. 1O8.
AN ACT TO AMEND SECTION 3O44
OF THE PUBLIC STATUTES, RE-
LATING TO THE PROPERTY
RIGHTS OF MARRIED WOMEN.

AN ACT TO AMEND SECTION 3044
OF THE PUBLIC STATUTES, RE.
IATING TO THE PROPERTY
RIGHTS OF MARRIED WOMEN.
II is hereby enacted by the General
Assembly of the State of Vermont:
Section /. Section 3044 of the Pub
lie Statutes is hereby amended so as
to read as follows:
Sec. 3044. When a married man Is
incapacitated by intemperance, in
sanity or otherwise for supporting his
family. or deserts, neglects or aban-
dons his wife. or by ill-usage or Grim
inal conduct gives her cause to live
apart from him, or is sentenced to or
confined in the state prison, IL the
wife is of age, chancellor upon her
petition for that purpose, may author
iZe such wife to sell and convey her
real estate, or any personal property
/ which came 10 the husband by reason
of the marriage, and remains in the
state undisposed of by him, and may
authorize a person holding money or
other personal estate to which the
husband is entitled in her right to
pay or deliver the same to the wife.
And married woman who is of age.
and lives apart from her husband and
has lived apart from her husband
more than one year from any cause
other than her adultery, and who has
real estate in her own right, may pc
tition a chancellor for leave 10 sell
and convey such real estate: and If
II appears to the chancellor that such
real estate was acquired by such mar
ried woman. in whole or in part,
otherwise than by gift or convey
ance from her husband made through
r trustee or otherwise, or otherwise
than as a result of his industry, ac-
cumulations or savings. and that her
needs or comforts or the needs or
comforts of her minor children re-
quire the income, or proceeds of such
real estate or her interest therein
the chancellor shall determine what
amount, if any. the husband has con-
tributed towards such property and
shall authorize such married woman
TO sell and convey such real estate
by her sole and separate deed upon
payment to her husband of such
sum. if any, as the chancellor finds
! he has contributed TO the purchase
of such property, to be increased or
decreased 10 correspond with any
change in value of such property sub
sequent to the date of the first con-
tribution, if any. made by such hus-
| band: and such deed shall have the
same effect to pass title TO such prop
erty as If joined in by the husband
Sec. . This act shall take effect
| May l. 1913.
Approved February 81, 1918.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1913-03-05
Approved January 10, 1913.
NO. 102.
AN ACT TO PROVIDE FOR THE
SAFE KEEPING OF WILLS.

1t is hereby enacted by the General
Assembly Of the State of Vermont:
Section /. A testator may de.
posit his will for safe keeping in the
office of the register of probate for
the district in which said testator re-
sides, on the payment Of fee of fifty
cents to such register. The register
shall give to the testator a certificate
of such deposit, shall safely keep each
will so deposited, and shall keep an
index thereof.
Sec. 2. Each will so deposited shall
be Enclosed in sealed wrapper, hay.
ing inscribed thereon the name and
residence of the testator, the day
when and the person by whom it was
deposited; and the wrapper may also
have Endorsed thereon the name OF
the person to whom the will is to be
delivered after the death of the tesla.
tor. The wrapper shall not be open,
ed until it is delivered to a person
entitled to receive it, or until other
wise disposed of as hereinafter pro-
vided
Sec. 8. During the life of the tesla
tor. the will shall be delivered only
to him, or in accordance with his
order in writing duly proved by oath
of a subscribing witness. After the
death of the testator, 1t shall be de-
livered to the person named in the
Endorsement, on demand.
Sec. 4. If the will is not called for
by the person, If any, named in the
Endorsement it shall be publicly open
ed at time to be appointed by the
probate court as soon as may be after
notice OF the testator's death. If the
jurisdiction of the case belongs to an
other court, the will snail be deliv
cred to the executor therein named
or to the person whose name is in
dorsed on the wrapper, or be filed in
the Office of the register of such other
court. as the judge of probate, in his
discretion, may order.
Approved November l, 1912.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1913-03-05

in this state in violation Of this pro-
vision shall be null and void.
Sec. 8. Before issuing marriage
certificate to person who resides and
intends to continue to reside in an
other state, the town clerk shall sat-
isfy himself by requiring affidavits, or
otherwise, that such person is not pro-
hibited from marrying by the laws %
the jurisdiction where he or she re-
sides.
Sec. 4. A town clerk issuing mar
riage certificate with knowledge that
the parties are thus prohibited from
marrying, and person authorized to
solemnize marriage who shall know
ingly solemnize such marriage, shall
be fined not more than one hundred
dollars.
Approved December II, 1912.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1913-03-05
NO. 100.

AN ACT RELATING TO THE LA
BILlTY or BANKS FOR THE PAY
LENT OF FORGED. UNAUTHOR-
lied, ALTERED OR RAISED NE
GOTIABLE INSTRUMENTS.
II is hereby enacted by the General
Assembly Of the State Of Vermont;
Section /. No bank shall be liable
to a depositor. or TO the drawer Of
a bill Of exchange upon 1t, for an
amount charged Ia or collected from
him on account of the payment by
such bank of negotiable instru-
ment upon which the signature of any
party is forged, or which is made,
drawn, accepted or endorsed without
authority, or which is materially al
tered or the amount which is raised.
unless within two years after the
return of such negotiable instru-
ment TO such depositor or drawer,
he shall notify the bank IN writing
that, as the case may be. the
signature of a party 10 the instru-
ment is forged, or that the instrument
was made drawn. accepted or en-
dorsed without authority. or that it
has been materially altered or that
the amount has been raised.
Sec ?. A depositor's vouchers may
be returned by mailing the same to
him. at his last known address, post
age prepaid. and such depositor may,
when required to notify the bank,
give notice i'm like manner
Sec. 3. In this act. the term bank
shall include any person or associa-
7ion of persons carrying on the busl-
ness of banking, whether incorporated
or not.
Approved February 81. 1919.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1913-03-05
Title 10
Probate Courts and Settlement
of Estates.
NO. 1O1.
NO. 101

AN ACT TO AMEND no. 90 or TIT,
ACTS OF 1910. RELATING TO THE
APPOINTMENT OF NON-RESI-
DENT EXECUTORS. ADMINS
TRAITORS AND TRUSTEES. AND
To THE SERVICE or PROCESS
THEREON.
II is hereby enacted by the General
Assembly Of the State of Vermont:
Section !. Section OF No. 80 OF the
acts OF 1910 IS hereby amended by
adding to said section the following.
In case Of the appointment Of n
nonresident executor. administrator or
trustee. the person appointed shall
forthwith designate. I'm writing. some
person resident in the probate district
from which letters testamentary, Of
administration or trusteeship are
granted. upon whom service OF legal
process may be made as agent OF such
nonresident executor. administrator
or trustee and such appointment shall
D. filed with the probate court in the
district in which 60 Is made.
See . Service OF LEGAL process
acainst such nou-res cent executor.
administrator or trustee nav Doe made
ty delivering 90 said assent "a true ans
aftesfed corv 81 such process with the
officers return thereon
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1913-03-05
NO. 100.

AN ACT TO AMEND SECTION 309S
OF THE PUBLIC STATUTES, RE
I.ATING TO ALIMONY IN d.
VORCE PROCEEDINGS.
II is hereby enacted by the General
Assembly of the State Of Vermont:
Section /. Section 309S of the Pub
lie Statutes is hereby amended so as
to read as follows:
Sec. 309S. Upon dissolution OF mar
riage, the court may decree to the
wife such part of the real and per
sonal estate OF her husband, or such
sum of money to be paid In lieu
thereof by the husband. as it deems
just. having regard TO the circum-
stances Of the parties respectively;
and It. may require the husband to
disclose on oath, what real and per-
senal estate has come to him by rea-
son OF the marriage. and how the
same has been disposed Of, and what
portion thereof remains in his hands;
and, in case the court DEGREES to the
wife any real estate as such alimony.
the wife shall cause a copy Of such
order and decree 20 be recorded IN
the Office of the clerk OF the town in
which said real estate IS situated,
within thirty days from the adjourn
ment Of the court at which such de-
cree was obtained.
Sec. ,. This act shall take effect
from its passage.
Approved November II. 1912.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1913-03-05

Section 1. Section 1882 Of the Pub
lie Statutes is hereby amended so as
to read as follows:
Sec. 1882. Mar 7iages may be sol
emniZed by justice in the county for
which he is appointed, or by a minis
ter of the Gospel residing in this
state and ordained or otherwise regu-
larly authorized thereunto by the pub
lished laws or discipline of the gen.
eral conference or convention of his
denomination.
Marriages among the Friends or
Quakers may be solemnized in the
manner heretofore used in such socie-
ties.
Sec. 2. This act shall take effect
from its passage.
Approved November 1, 1912.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1913-03-05
NO. Ill.

AN ACT TO AMEND SECTION l OF
NO. 73 OF THE ACTS OF 1908, RE
LATING TO THE POWERS OF
THE PROBATE COURT IN RE-
SPECT TO MORTGAGES AND
LEASES.
1t is hereby enacted by the General
Assembly Of the State of Vermont:
Section 1. Section l Of No. 73 of
the acts of 1908 is hereby amended so
as to read as follows:
Section l. The probate court may.
on petition and after notice to all per-
sons interested, If on hearing it ap-
pears to be for the benefit of the es-
tate, authorize an executor, admins
traitor with the will annexed. admin
istrator, trustee or guardian to mort
gage any Of the real estate, or to mort
gage, pledge or assign any of the per-
sonalty of such estate, for the follow
ing purposes: To prevent a sacrifice
of the estate; to make repairs and i'm
provements upon the estate: to pay
debts, legacies or charges Of admins
tration; to pay an existing mortgage.
lien or tax on the estate, or for sup
port of ward The probate court
may authorize such executor, admin
istrator with the will annexed. admin
istrator trustee or guardian to make
an agreement for the extension or re-
newal of such existing mortgage or
lien, or of any other mortgage, lien,
pledge or assignment created under the
provisions of this act.
Approved December ~, 1912.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1913-03-05
NO. los.

AN ACT TO AMEND SUBDIVISION
SECOND or SECTION 1886 OF
THE PUBLIC STATUTES. RE
LATING TO DESCENT WHEN
MARRIED DECEDENT LEAVES
no ISSUE.
IL is hereby enacted by The General
Assembly Of the State OF Vermont:
Section ]. The second subdivision
of section 1886 of the Public Statutes
is hereby amended so as to read as
follows:
Second If the deceased is a mar
ried person and leaves no issue, the
surviving husband or wife. as the case
may be. il such survivor does net
elect to take one-third in value of the
real estate Of which the deceased died
seized in his or her own right, OF
valves the provisions of the viii OF
said deceased, shall be entitled TO the
whole OF the deceased's estate forever,
II It does not exceed twenty-five hun
drcd dollars: but II IL exceeds that
sum. then such survivor shall be en-
titled TO twenty-five hundred dollars
and onc-half the remainder; provided.
AnNtNNis Audt MhNit 81 it1AN "a A'"-N
stead existed in the husbands estate
at his decease. such twenty-five hun
dred dollars shall be diminished by
the amount Of such homestead, valued
at the sum Of five hundred dollars;
and the remaining part Of such es-
tate shall descend as the whole would
If the husband OF wife did not sur
vive: and. If the deceased has no kin
dred who may inherit the estate, the
surviving husband or wife. as the case
may be, shall be entitled to the whole
Of said estate"
Sec. >. This act shall take effect
from its passage.
Approved December 6. 1912.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1913-03-05
ARTICLE III.
PREsENrMENr FOR ACCEPTANCE.

Sec. 143. When Presentment for
Acceptance Must be Made. Present
ment for acceptance must be made:
% Where the bill is payable after
sight. or in any other case. where pre-
sentiment for acceptance is necessary
in order to fix the maturity of the in
strument: or
CD Where the bill expressly stipu-
lates that it shall be presented for &C
ceptance: or
go Where the bill is drawn payable
elsewhere than at the residence or
place of business of the drawee.
In no other case is presentment for
acceptance necessary in order to rem
der any party to the bill liable.
Sec. 144. When Failure to Present
Releases Drawer and Indorser EX-
cept as herein otherwise provided.
the holder of a bill which is required
by the next preceding section to be
presented for acceptance must either
present il for acceptance or negotiate
Il within a reasonable time. II he
fails to do so. the drawer and all in
dorsers are discharged.
Sec. 145. Presentment; How Made.
Presentment for acceptance must be
made by or on behalf of the holder at
a reasonable hour. on a business day
and before the bill is overdue. to the
drawee or some person authorized TO
accept or refuse acceptance on his be-
half: and:
% Where a bill Is addressed to
two OF more drawees who are not
partners. presentment must be made
TO them all. unless one has authority
70 accept or refuse acceptance for all.
IN which case presentment may be
iade to him only.
90 Where the drawee Is dead. pre-
sentiment may be made 20 his per
sonal representative;
90 Where the drawee has been ad-
Judged a bankrupt or an insolvent OF
has made an assignment for the bene-
ft Of creditors presentment may be
made to him OF TO his trustee or as
signee.
Sec 146. on What DAYS Present
ment MAY Be Made A bill may be
presented for acceptance on any day
on which negotiable instruments may
lie presented for payment under the
provisions Of Sc tons seventy-two and
eighty-five Of this act When Satur-
day is not otherwis a holiday. pre-.
sentiment for acceptance may BE- made
before twelve O'Clock. noon. on that
day.
Sec 141- Prcsentment Where Time
Is insufficient Where the holder Of
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1913-03-05
NO. 104.
AN ACT TO PROVIDE FOR THE
CARE OF BURIAL LOTS.

1t is hereby enacted by the General
Assembly of the State of Vermont:
Section 1. The probate court, on
final settlement Of a solvent estate,
may. in its discretion, set aside not TO
exceed two hundred dollars from the
funds Of said estate. for the perpetual
care of the burial lot OF the deceased.
and may order that said fund shall
be kept in trust for the purpose here
in provided.
Sec. >. II the burial lot of the de-
ceased IS in the cemetery Of an incor-
porated cemetery association. such
perpetual care fund shall be deposited
with said association.
Sec. 3. This act shall take effect
from its passage.
Approved November :, 1912.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1913-03-05
GENERAL Provisions.
ARTICLE /.


ARTICLE 1.
Sec. 100. Short Title. This act
may be cited as the Uniform Negoti-
able Instruments Act.
Sec. 191. Definitions and Meaning
of Terms. In this act. unless the con-
text otherwise requires,
Acceptance" means an acceptance
completed by delivery or notification.
action" includes counter-claim and
set-off.
Bank" includes any person or as.
ISOLATION of persons carrying on the
business of banking, whether incor-
porated or not.
Bearer" means the person in pos.
session of bill or note which is pay
able 10 bearer.
"Bill' means bill of exchange, and
mote" means negotiable promissory
note.
Delivery" means transfer OF pos.
session, actual or constructive, from
one person to another.
Holder" means the payee or IN
| dorsee of a bill or note, who is in pos
session of it, or the bearer thereof.
Endorsement" means an indorse.
ment completed by delivery.
instrument" means negotiable in
strument.
Issue" means the first delivery OF
the instrument. complete in form, to
person who takes it as holder.
Person" includes a body OF per
sons, whether Incorporated or not.
Value" means valuable considera
ton.
Written" includes printed, and
writing" includes print.
Sec. 1872. Person Primarily Liable
on Instrument. The Person "prima
| rily' liable on an instrument is the
person who by the terms Of the in
strument is absolutely required to pay
the same. All other parties are sec
ondarily" liable.
Sec. 1873. Reasonable Time; What
Constitutes. In determining what is
reasonable time" or an "unreason.
able time" regard is TO be had to the
nature of the instrument. the usage
| of trade or business (if any with re
| spect to such instruments, and the
| facts of the particular case
Sec 1874. Time, How Computed
When Last Day Falls on Holiday
Where the day. or the last day, foI
doing any act herein required or per
mitted to be done falls on Sunday OF
on holiday, the act may be done or
the next succeeding secular or bust
! ness day
Sec. 1875. Application of Act The
| provisions of this act do not apply tC
| negotiable instruments made and de
| livered prior to the taking effect here
of.
Sec. 1876. Cases not Provided for IN
Act. In any case not provided for IN
this act the rules of law and equity in
Guiding the law merchant shall gov
/ ern.
Sec 1877. Repeats. Al acts and
parts of acts inconsistent with this
act are hereby repealed.
Sec. 1913. This act shall take effect
| June !. 1913
Approved February IS, 1918
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1913-03-05
NO. 112.

AN ACT IN ADDITION TO CHAP
TER $50 OF THE PUBLIC STAT
UTES. RELATING TO THE AP-
POINTMENT OF GUARDIANS.
1t is hereby enacted by the General
Assembly of the State of Vermont:
Section l. A person, not a minor.
who deems himself untitled, by reason
Of infirmity, age or other mental or
physical disability, for the prudent
management of his affairs, may apply
to the probate court for the district in
which he resides for the appointment
of a guardian over him. and there
upon said court may, in its discretion
upon due investigation appoint a suit
able person as such guardian.
Sec. ?. This act shall take effect
from its passage.
Approved November II, 1912.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1913-03-05
NO. 10.
AN ACT TO PREVENT THE EVA
SION OF LAWS PROHIBITING
MARRIAGE.

II is hereby enacted by the General
Assembly Of the State Of Vermont:
Section l. II person residing and
intending to continue to reside in this
state. who is prohibited from contract
ing marriage under the laws Of this
state. shall go into another state or
country and there contract a marriage
prohibited and declared void by the
laws Of this state. such marriage shall
be null and void for all purposes in
this state. with the same effect as
though such prohibited marriage had
been entered into in this state
Sec. .. No marriage shall he con-
.tracted in this state by person re-
siding and intending 20 continue % re-
side in another state or jurisdiction, g
such marriage would be void If con
.tracted in such other state or jurisdic.
Ition. and every marriage solemnized
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1913-03-05
ARTICLE V.
AccErrANcE ron HoNoR.

Sec i6l. When Bill May be Ac.
cepted for Honor. Where a bill of ex-
change has bee protested for dis
honor by non-acceptance or protested
for better security. and is not over
due. any person not being a party al
ready liable thereon may. with the
consent of the holder. intervene and
accept the bill supra protest for the
honor of any party liable thereon. or
for the honor of the person for whose
account the bill is drawn The accept
ance for honor NAV be for the part
only Of the sum for which the bill
Is drawn. and where there has been
an acceptance for honor for one party.
there may be a further acceptance
by a different person for the honor Of
another party.
Sec. leg. Acceptance for Honor;
How Made. An acceptance for honor
supra protest must be in writing. and
indicate that it is an acceptance for
honor. and must b. signed by the &C
ceptor for honor
Sec. i63. When Deemed to be an
Acceptance for Honor Of the Drawer.
Where an acceptance for honor does
not expressly state for whose honor
il is made. it is deemed 10 be an ac-
ceptanoe for the honor of the drawer.
See. 16A Liability Of the Acceptor
for Honor. The acceptor FOR honor is
liable to the holder and TO all parties
% the bin subsequent 90 the uarty for
whose honor he has accepted
Sec. 1c5- Agreement Of Acceuior
for Honor. The acceptor for honor.
by such acceptance engages that he
viii on due presentment paw the bin
according 70 the terms Il his accept
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1913-03-05
NO. 1O7.

OF THE PUBLIC STATUTES, RE-
LATING TO THE RIGHTS OF
MARRIED WOMEN.
1t is hereby enacted by the General
Assembly of the State of Vermont:
Section l. Section 3039 of the Pub
lie Statutes is hereby amended so as
to read as follows:
Sec. 3039. A married woman shall
not become surety for her husbands
debts except by way of mortgage, and
shall not convey or mortgage her real
estate except by deed duly executed
by herself and husband. But a mar
ried woman may, by her sole deed.
convey real estate acquired by her
under a deed, decree or order of dis
tribution made to her sole and separ-
ate use and to the exclusion of the
marital rights of her husband.
Approved November IA, 1912.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1913-03-05
Title II
Domestic Relations.
NO 1O6

An ACT To AMEND SECTION 3es2
or THE PUBLIC STATUTES, RE
LATINO To THE SOI-EaiNILA.
TON or MARRIAGES.
10 IS hereby enacted by the General
Assembly, Of the State of Vermont.