davidaulloa/AmericanStories huggingface dataset:
Weekly Caledonian. (St. Johnsbury, Vt.) 1919-1920, 1919-04-23
NO. 81

AN ACT TO AMEND SECTION 1881
OF THE GENERAL LAWS, RE
LATING TO PROBATE COURTS
ASSIGNMENT OF HOUSEHOLD
GOODS TO HUSBAND OR
WIDOW OF DECEASED PER
SON DYING WITHOUT ISSUE
1t is hereby enacted by the General
Assembly of the State of Vermont:
Section 1. Section 1881 of the Cen
eral Laws is hereby amended so as to
read as follows:
Sec. 1881. The husband or widow OF
deceased person residing. with such
person at the time of her or his de-
cease may receive out of such PERSONS
estate all household goods, furnishings
furniture and household outfit belong
ing in and to the deceaseds immediate
household when such deceased person
dies intestate without issue, upon the
surviving husbands or wife's petition in
writing to the probate court, asking for
an assignment thereof; and such goods
and effects, so assigned, shall be in adj
dtion to the distributive share of such
estate to which such surviving hus-
band or widow is entitled under other
provisions of law. This section shall
not apply to the estate of husband de-
ceased prior to February first, nineteen
hundred and five, or of wife deceased
prior to June first, nineteen hundred and
nineteen
Approved March IL. 1910.
Weekly Caledonian. (St. Johnsbury, Vt.) 1919-1920, 1919-04-23
NO. Sc

AN ACT TO AMEND sURDIVI-
SION II OF SECTION 34I6 OF
THE GENERAL LAWS. RELAT-
ING TO DESCENT WHEN MAR
RIED DECEDENT LEAVES NO
ISSUE.
II is hereby enacted by the General
Assembly Of the State of Vermont:
Section T. Subdivision II of section
34Io of the General Laws is hereby
amended so as to read as follows:
II If the deceased is d married per
son and leaves no issue, the surviving
husband or wife. as the case may be,
it such survivor does not elect to take
a third in value of the real estate of
which the deceased died seized in his
or her own right, or valves the pro-
visions of the will of said deceased.
shall be entitled to the whole of the de-
ceased's estate forever, if it does not
exceed four thousand dollars; but if
it exceeds that sum. then such STIR
vivOr shall be entitled to four thousand
dollars and half the remainder; pro-
vided, however. that where right of
homestead existed in the husbands
estate at his decease, such four thou
sand dollars shall he diminished by the
amount of such homestead, valued at
the sum of five. hundred dollars; and the
remaining part of such estate shall
descend as the whole would if the hus-
band or wife did not survive; and. if
the deceased has no kindred who may
inherit the estate. the surviving husband
or wife, as the case may he, shall be
entitled to the whole of such estate
Approved February Is. 1910.
Weekly Caledonian. (St. Johnsbury, Vt.) 1919-1920, 1919-04-23
NO. 81

AN ACT IN AMENDMENT OF
AND IN ADDITION TO CHAP
TER 1856 OF THE GENERAL
LAWS, RELATING TO THE At
TACHMENT AND SALE OF
PROPERTY SUBJECT TO MORT
GAGE, PLEDGE OR LIEN, AND
MORTGAGES OF PERSONAL
PROPERTY.
1t is hereby enacted by the General
Assembly of the State of Vermont:
Section 1. Section 2SoI of the Gen
eral Laws is hereby amended so as to
read as follows:
Sec. 28oI. When the condition of a
mortgage of personal property is broken,
the mortgagor or person holding under
him or holding subsequent mortgage.
an attaching creditor or lien holder, may
redeem the same by paying or rendering
to the MORTGAGE the amount due on such
mortgage, with reasonable costs and ex-
penses incurred by such breach of con-
dition, before sale thereof.
Sec. 2. Section 28o3 of the General
Laws is hereby amended so as to read
as follows:
Sec. eSo3 The mortgage or assignee
shall notify the mortgagor or person
holding under him, and persons holding
subsequent mortgages and all attaching
creditors of the time and place of sale,
either by notice in writing delivered to
him, or left at his abode. if within the
town, or sent by mail if he does not
reside in such town, at least ten days
previous to the sale.
Sec. 4, Section 28o5 Of the General
Laws is hereby amended SO as to read
as follows:
Sec. 2So5. The proceeds of such sale
shall be applied to the payment Of the
demand secured by such mortgage, and
the costs and expenses of keeping and
sale; and the residue shall be paid to
the persons holding subsequent mort
cages, in their order and the balance
shall be held by the officer making the
sale and applied to the payment Of sub
sequent liens and the judgment claims
of subsequent attaching creditors in
their order, and the remainder shall
be paid to the mortgagor, or persons
holding under him, on demand.
Sec d. The provisions of chapter one
hundred and one of the General Laws
shall not he construed to prevent or
delay mortgage from taking posses
sion of the mortgaged property at any
time for the necessary care and preserva-
ton of the same or so as to prevent
or delay the due foreclosure of mort
gage, pledge or lien under the provl-
sions of chapter one hundred and thirty
six
Sec. 5. This act shall take effect
from its passage.
Approved April 3, 1910
Weekly Caledonian. (St. Johnsbury, Vt.) 1919-1920, 1919-04-23

state having authority to discharge such
mortgage, appoint an administrator of
such deceased mortgage or assignee, to
discharge such mortgage. In case the
death of a mortgage or assignee is not
established, and the court would have
jurisdiction to proceed under section
,3476 of the General Laws, the court
may upon like petition, hearing and
proof appoint a trustee to discharge said
mortgage And such mortgage may be
discharged by such administrator or
trustee in the manner provided by law
for the discharge OF mortgage by a
mortgage: and such discharge shall
have the same effect as though made by
the mortgage or assignee thereof when
living but an administrator or trustee
appointed for such purpose shall have
no authority relative to the estate of
which he is appointed, other than as
herein provided. The judge of said
court may, in his discretion. require such
administrator or trustee to give bonds
as in his opinion the circumstances of
the case require. The application pro-
vided in this section shall state the
names and addresses of all parties i'll
interest, so far as they are known to
the applicant, and the probate court
shall order such notice by registered
mail, publication or service of process,
as to it shall seem proper to protect the
rights of all parties i'll interest. Failure
on the part of party in interest to
receive such notice shall be ground for
relief under section two thousand two
hundred and ninety nine of the general
laws if said party is possessed of en-
forceable rights which are prejudiced
by the discharge of mortgage as afore-
said.
Sec. 2. This act shall take effect
from its passage,
Approved April g. 1910
Weekly Caledonian. (St. Johnsbury, Vt.) 1919-1920, 1919-04-23
NO. 78

AN ACT TO AMEND SECTION 275c
OF THE GENERAL LAWS, RE
!. LATINO TO THE RECORD OF
CONVLYANCES OF AN INTER
EST IN MINES AND QUARRIES
1t is hereby enacted by the General
Assembly of the State of Vermont:
Section I. Section 27so of the Cen
eral Laws is hereby amended so as to
read as follows:
Sec, ESQ The grantee of mine,
quarry or the right of mining and
quarrying in severance from the owner
ship of the soil shall. within thirty
days after its execution, cause his deed,
lease or other instrument to be recorded
in a book kept for that purpose in the
Office where by law deed of the real
estate is required to be recorded A
grantee failing to comply with the fore
going provision shall forfeit to the town.
and in case such mine. quarry or right
of mining or quarrying is situated in an
unorganized town or gore to the county,
fifty dollars, to be recovered in all action
of tort, on this statute.
Approved April 9, 1910.
Weekly Caledonian. (St. Johnsbury, Vt.) 1919-1920, 1919-04-23
II is hereby enacted bv the General

1t is hereby enacted by the General
Assembly of the State of Vermont:
Section I. Section 1914 of the Gen
eral Laws is hereby amended so as to
read as follows:
Sec. 1914. A fire insurance company
shall not be liable or chargeable on
trustee process on account of sum
due from such company TO the defend
ant, in consequence of loss by fire OF
property exempt from attachment and
execution: nor shall any life insurance
company be so liable or chargeable by
reason of having in its hands moneys
not exceeding five hundred dollars due
or payable under policy of life insur-
ancc; nor shall person be adjudged a
trustee by reason of having in his
hands moneys due or belonging to the
debtor, as his debenture as member or
officer of the general assembly, or as a
petit or grand juror attending county
court; nor shall a member of the gen
eral assembly or officer of the state
required to attend upon the general
assembly. or to report thereto, be adj
Judged trustee upon contract. eX-
press or implied, for board and lodging
furnished to him by the principal debtor
while attending the session of the gen
eral assembly aforesaid; nor shall a
person be adJudged trustee by reason
of wages or compensation due the nrin-
cipal debtor for work and labor per-
formed by him in person. except for
such wages or compensation as may be
due in excess of ten dollars for work
and labor so performed before the serv-
ice of the trustee process upon the trus-
tee; and earnings of minor or married
woman shall not be subject to the trus-
tee process in all action against the
parent of such minor or husband of
such married woman; nor shall cor
poration be adjudged a trustee by rea-
son of any money due from it to a per-
son residing without the state for serv-
ices rendered without the state, pro-
vided a like sum of money so due
would be exempt from attachment by
trustee process in the state where such
person resides.
Approved February rs, 1910.
Weekly Caledonian. (St. Johnsbury, Vt.) 1919-1920, 1919-04-23

wife, as the case may be. or next of kin,
or both, in the discretion of the court,
or to such person as such surviving hus-
band or wife, or next of kin, requests to
have appointed, if suitable to discharge
the trust;
Second. If such surviving husband
or wife. as the case may be. or next
of kin, or the persons selected by them,
are unsuitable. or if the widow or the
next OF kin neglects for thirty days
after the death of the person to apply
for administration or To request that
administration be granted to some other
person, it may be granted to one or more
of the principal creditors. if competent
and willing to serve;
Third If there is not such a creditor
competent and willing to serve, the same
may be committed to such other per-
son as the probate court may appoint.
Fourth To such person as to the
court shall seem suitable upon applca-
ton of the reputed owner of land for
merly owned by such deceased person,
in case the title to such land is not
clear
Approved March o6. 1910,
Weekly Caledonian. (St. Johnsbury, Vt.) 1919-1920, 1919-04-23
NO. 90

AN ACT TO PROVIDE FOR THE
COMPLETION OF THE VITAL
RECORDS OF THE STATE AND
TO REQUIRE TOWN CLERKS
TO TRANSMIT CERTAIN REC
ORDS TO THE SECRETARY OF
STATE.
1t is hereby enacted by the General
Assembly of the State of Vermont:
Section |. The secretary of state
shall, as soon as practicable after the
passage of this act ascertain from what
towns and for what years complete re-
turns of births, marriage and deaths
have not been plade to the state, or are
not to be found among the records of
his office, and shall convey this infor-
nation to the clerks of such towns,
together with suitable blanks upon
which to make returns.
Sec = Such town clerks shall under
the direction Of the secretary of state,
cause to be transcribed in full upon
said blanks all records of births. mar
riagcs and deaths i'll the possession of
the town. and churches, not already re-
turned. and to transmit the same, prop
erly certified. to the secretary of state
NHIlHl StNil itdSolidDiC tHilC iildy DC
allowed by him. and for such service
the town clerk or person performing the
service shall receive from the town the
sum of five cents for each record so
transcribed. certified and transmitted.
If the death records of town prior to
1870 are incomplete. the secretary of
state shall notify the selcctmen of said
town to that effect The selectmen of
such town shall, before October !, 1910,
cause 10 be copied at the expense of
the town under the direction of the
secretary of state the inscription on all
gravestones in their town erected to the
memory of any person who died prior
to 1870 so far as relates to name of
deceased, date of death, age or date of
birth, if given, and the name of the
cemetery where buried and shall cause
such records to be recorded in the town
records The secretary of state shall
furnish the town clerk of said town
suitable blank cards for the return of
such records which shall be returned
as before provided in this section, not
later than January I, 1920.
Sec. 3. All records returned in
accordance with the provisions of this
act shall be so filed and indexed as to
be made readily available for reference.
Sec H. THIS act shall take effect
from its passage.
Approved March 20, 1910.
Weekly Caledonian. (St. Johnsbury, Vt.) 1919-1920, 1919-04-23
NO. SO

AN ACT TO AMEND SECTION as43
OF THE GENERAL LAWS, RE
LATINO TO COMMITMENTS BY
SHERIFF, AND TO PROVIDE
FOR THE MAKING OF A RE
PORT TO THE GOVERNOR BY
THE SHERIFF OF EACH COUN-
TY.
1t is hereby enacted by the General
Assembly of the State of Vermont:
Section l. Section 3S43 of the Gen
eral Laws is hereby amended so as to
read as follows:
Sec. .3S43. All commitments to the
state prison, house of correction and
Vermont industrial school shall be made
by the sheriff of the county in which
the crime was committed, except that
when respondent in a criminal cause
is to be committed to any of such in
stitutions by order of the supreme court,
said court may, if expense to the state
can be saved thereby, order such re-
spondent to be committed by any sheriff
in the state; and all commitments to
Weekly Caledonian. (St. Johnsbury, Vt.) 1919-1920, 1919-04-23
NO. II

AN ACT TO AMEND SECTION 1913
OF THE GENERAL LAWS, RE
LATINO TO THE APPOINT
MENT OF COMMISSIONERS TO
TAKE TESTIMONY; AND TO
AMEND SECTION 74oo, RELAT-
ING TO PAYMENT OF MAS
TIERS, AUDITORS, REFEREES
AND COMMISSIONERS FOR
SERVICES AND EXPENSES.
1t is hereby enacted by the General
Assembly of the State of Vermont:
Section I. Section 1913 of the Cen
eral Laws is hereby amended so as to
read as follows:
Sec. 1913. A superior Judge may, in
vacation, or a chancellor may, upon the
application of a party in a cause pend
ing in county court, or the court of
chancery, and on such notice to the ad-
verse party or his attorney, as the judge
or chancellor thinks reasonable, cause
the clerk of such county court or court
of chancery to issue commission to
person designated by the judge or
chancellor to take the testimony of
person residing or being without the
state; and such testimony shall be taken
upon interrogatories settled by the order
of the judge or chancellor or upon oral
examination as he directs.
Sec. g. Section 74oo of the General
Laws is hereby amended so as to read
as follows:
Sec. 1900 The fees and necessary
expenses of masters and commissioners
appointed by the courts of chancery, or
by chancellor, auditors, referees and
commissioners Amounted by the supreme
in vacation, unless otherwise provided,
shall be fixed by the court, judge or
chancellor and be paid by the state.
Sec. 3. This act shall take effect
from its passage.
Approved April 3, 1910
Weekly Caledonian. (St. Johnsbury, Vt.) 1919-1920, 1919-04-23
NO. 68

AN ACT TO AMEND SECTION r766
OF THE GENERAL LAWS, RE
LATINO TO THE SUMMONINC
OF PETIT JURORS.
1t is hereby enacted by the General
Assembly of the State of Vermont:
Section 1. Section 1866 of the Cen
eral Laws is hereby amended so as to
read as follows:
Sec 1906 Said officer shall summon
the persons so drawn to appear before
said court. giving such notice as said
judges shall direct providing that such
summons to petit jurors shall be to
appear on the second day of the stated
term of county court unless said judges
otherwise direct.
Approved February IS, 1910.
Weekly Caledonian. (St. Johnsbury, Vt.) 1919-1920, 1919-04-23
NO. 81

AN ACT TO AMEND SECTIONS
1717 AND 1918 OF THE GEN
ERAL LAWS, RELATING TO
SERVICE OF PROCESS BY A
SPECIAL DEPUTY.
1t is hereby enacted by the General
Assembly of the State of Vermont
Section I. Section T7I7 of the Gen
eral Laws is hereby amended 50 as to
read as follows:
Sec. IVY. Such special deputy shall
make oath to his service and return,
and that he did not make or alter the
writ warrant or preceDt by him served,
and shall cause to be Endorsed thereon
certificate of such oath; and service
so made shall he as valid as if made by
the sheriff
Sec. g. Section 1918 of the General
Laws is hereby amended so as to read
as follows:
Sec. I7y8. A sheriff removed from or
resigning his office, or at the expiration
of his term of office, may execute writs
or precents in his hands at the time ::
and service so made shall be as valid
as if made by the sheriff
Approved March p, 1910.
Weekly Caledonian. (St. Johnsbury, Vt.) 1919-1920, 1919-04-23

I. In the county of Addison, on the
first Tuesday in June and December,
at Middlebury;
II. In the county of Bennington, on
the first Tuesday in June, at Manches-
ter, and on the first Tuesday in Decem-
Der, at Bennington;
Ill In the county of Caledonia. on
the first Tuesday in June and December,
at St. yohnsbury;
w. In the county of Chittenden on
the second Tuesday in March and Sep
TENDER, at Burlington;
V. In the county of Essex, on the
fourth Tuesday in April and October,
at Guildhall;
VI In the county of Franklin, on the
second Tuesday in March and Septem-
Der, at the city of St. Adams;
VII. In the county of Grand Isle,
on the second Tuesday in January and
August, at North Hero;
Will In the county of Lamoille, on
the first Tuesday in June and December,
at Hyde Park;
TX. In the county of Orange, on the
first Tuesday in June and December. at
Chelsea;
X. In the county Of Orleans, on the
oSNoA'o tNStiy anu oSptSlh-
3 Der, at Newport
XII. In the county of Rutland, on the
second Tuesday in March and Septem-
Der, at the city of Rutland;
XII In the county of Washington,
on the second Tuesday in March and
September, at Montpelier;
XIII. In the county of Windham, on
the second Tuesday in April and Sep
TENDER, at Newfane; and
XIV. In the county of Windsor, on
the first Tuesday in June and December,
at Woodstock
Sec. 2. All process returnable to the
May term of Windsor county court for
the year nineteen hundred and nineteen
shall be returnable to the term to be
held on the first Tuesday in June, the
same as though made returnable at said
last mentioned term.
Sec. 3. This act shall take effect
from its passage
Approved April 4, 1910.
Weekly Caledonian. (St. Johnsbury, Vt.) 1919-1920, 1919-04-23
NO. 80
AN ACT TO AMEND SECTION 3sI7
OF THE GENERAL. LAWS, RE-
LATING TO THE SOLEMNlZA-
TON OF MARRIAGES.

lion Or Nj AkklAiIES.
1t is hereby enacted by the General
Assembly OF the State OF Vermont;
Section l. Section SSH OF the Cen
eral Laws is hereby amended so as to
read as follows:
Sec. '5l7. Persons authorized by the
preceding section to solemnlze marriage
shall require OF the parties. before
Solcnnizing such marriage a certificate
issued from the office OF the clerk of the
town where the groom resides. or. if
the groom is not Il resident OF the state.
from the office of the clerk of the town
where the bride resides. or. ii she is not
Il resident of the state. from the Office
of the clerk OF the town where the mar
riage is Soleuui1cd The certificate SO
required shall afford full immunity
from all responsibility on the part of the
person authorized to solemnize marriage
who performs the marriage ceremony
between the parties named; provided,
however. that ii the marriage is to be
Solemnzcd in county in which neither
the groom nor bride resides, a person
shall not soleinni2c the marriage until
five days after the certificate required by
provision shall not apply to persons
while enlisted i'll the military or naval
service of the United States. A town
clerk who falsely dates such certificate
shall be fined not more than twenty
dollars.
Sec. 2 This act shall take effect
from its passage.
Approved March IL, 1910,
Weekly Caledonian. (St. Johnsbury, Vt.) 1919-1920, 1919-04-23
NO. 20

AN ACT TO AMEND SECTION 1901
OF THE GENERAL LAWS, RE
LATING TO ACTIONS ON IN
SURANCE POLICIES.
1t is hereby enacted by the General
Assembly of the State of Vermont
Section I. Section 1901 of the Gen
eral Laws is hereby amended so as to
read as follows:
Sec. 1901. In an action brought to
recover on fire, life, accident or lahil-
ity insurance policy, the plaintiff may
declare on such policy in an action of
contract, with general count in
assumpsit as complaint; and, in such
case, shall file with the writ specihca-
ton giving the number of the policy,
the date of the fire, death or accident,
and the items involved if the policy
contains more than one item. If the
defendant answers by way of general
denial. such answer shall put in issue
only the execution of the policy and the
amount of damages.
Approved March 7, 1910.
Weekly Caledonian. (St. Johnsbury, Vt.) 1919-1920, 1919-04-23
NO. SO

AN ACT TO AMEND SECTION 1881
OF THE GENERAL LAWS, RE
LATING TO THE GRANTING OF
LETTERS OF ADMINISTRA-
TON.
1t is hereby enacted by the General
Assembly of the State of Vermont:
Section l. Section 1891 of the Gen
eral Laws is hereby amended so as to
read as follows:
Sec. 1891. If an executor is not
named in the will, or if person dies
intestate, administration shall be
granted:
First. To the surviving husband or
Weekly Caledonian. (St. Johnsbury, Vt.) 1919-1920, 1919-04-23

THE STATE.
1t is hereby enacted BY the General
Assembly of the State of Vermont:
Section 1. Section 1915 of the Gen
eral Laws is hereby amended so as to
read as follows:
Sec. 1915. Such action shall be
brought in the name of the personal rep
resentative of such deceased person and
commenced within two years from his
decease, but if the person against whom
such action accrues is ont of the state,
the action may be commenced within
two years after such person comes into
the state; and if, after said cause of
action accrucs and before said two
years have run, the person against
whom it accrues is absent from and re-
sides out of the state, and has not known
property within the state which can by
common process of law be attached, the
time of his absence shall not be taken
as part of the time limited for the COM
mencement of the action; and the court
or jury before whom the issue is tried,
may give such damages as are just, with
reference to the pec1niary injuries re-
sultng from such death. to the wife and
next of kin, or husband and next of kin,
as the case may be; and the amount re-
covered shall be for the benefit of said
wife and next of kin. or husband and
next of kin, as the case may be- who
shall receive the same proportions as in
the distribution of the personal estate
of persons dying intestate.
Approved March 7, 1910,
Weekly Caledonian. (St. Johnsbury, Vt.) 1919-1920, 1919-04-23
NO. 81

AN ACT RELATING TO THE CON-
TITLE TO REAL, ESTATE
WHERE THE RECORD HOLDER
IS DECEASED, HIS ESTATE
BENEFICIAL INTEREST IN THE
PROPERTY.
1t is hereby enacted by the General
Assembly of the State of Vermont:
Section |. Whenever the record title
to real estate or an interest therein
stands in the name of a person who has
been deceased for more than seven years
and the estate of such person has not
been administered in the probate court,
so far as said real estate is concerned,
and the interest of the heirs in said
real estate has not been conveyed or
has been effectively conveyed the pro-
bate court of the district where said
real estate is situated shall upon petit
ton and hearing determine whether
said deceased person or his heirs are
possessed of an existing enforceable
title, or interest in said real estate.
Sec. 2. If said court shall determine
that the heirs or personal representa-
tives of said deceased person are not
at the time of said hearing i'll possess
sion of said real estate, and are not
entitled to re-enter the same or to in
stitute and maintain a suit to recover
possession thereof, said court shall ad-
judge and decree that said real estate
constitutes no beneficial part of the
estate of said deceased person, and may
appoint an administrator to convey the