Interest of distributor appointed by court of probate Lot to bution. CHAPTER LVII. An Act in addition to an Act entitled "An Act for the Settlement of Estates, Testate, Intestate and Insolvent." Be it enacted by the Senate and House of Representatives in General Assembly convened: That whenever a court of probate has accepted and approved a distribution of the estate of a deceased invalidate distri- person, and one of the distributors appointed by such court shall have been at the time of making such distribution legally disqualified to act as such distributor, by reason of relationship to either of the parties interested in such estate, and no objection has been made to such distribution for such reason, and no appeal has been taken therefrom, such distribution, if in all other respects legal, shall not be invalid in consequence of such disqualification of one of the distributors; provided, the other distributors shall have been duly qualified, and have acted in the making of such distribution. Approved, July 3d, 1861. Perishable property, or live be sold at the expiration of seven days. CHAPTER LVIII. An Act in addition to "An Act for the regulation of Be it enacted by the Senate and House of Representatives in General Assembly convened: SEC. 1. That whenever execution shall be levied stock, under levy upon any personal property, being in its nature perishof execution, may able, or being live stock, the custody and preservation of which would be expensive, the same shall be sold at public vendue, according to the provisions of section 175 of the act to which this is in addition, at the expiration of seven days, instead of at the end of twentyone days as in said section provided. COUNTY TREASURERS. -CRIMES AND PUNISHMENTS. ment or execu SEC. 2. That the provisions of the 20th and 180th Levysections of said act be, and the same are hereby ex- tion on crops, tended and applied to the levy of an attachment or buildings. execution upon any crop deposited in a building, which can not, in the opinion of the officer levying upon the same, be moved without manifest injury. Approved, July 3d, 1861. ia CHAPTER LIX. An Act relating to County Treasurers. Be it enacted by the Senate and House of Representatives in General Assembly convened : required to give That the person who shall be appointed treasurer of County treasurer any county in this state, shall, before he enters upon bonds to state the execution of his office, give bond to the treasurer of treasurer. the state, in the sum of five thousand dollars, with surety; which bond shall be kept by said treasurer of the state, and shall continue during the time for which such person shall be elected county treasurer, and ex may require new ercise the office; and the said county treasurer shall State treasurer give new bonds whenever the same shall be required bonds. by the treasurer of the state. Approved, July 3d, 1861. CHAPTER LX. An Act in addition to "An Act concerning Crimes and Be it enacted by the Senate and House of Representatives in General Assembly convened: tle, &c., for the SEC. 1. Every person who shall willfully and mali- Letting out catciously lead, drive, or let out of an enclosure, any purpose of hav cattle, horses, sheep, or swine, with intent to cause the ing them imsame to be taken up and impounded, shall be punished punished. pounded, how 66 HORSES, MULES, CATTLE, ETC.-TURNPIKE ROADS. by a fine not exceeding seven dollars, or by imprisonment in a common jail not exceeding thirty days. Approved, July 3d, 1861. Fees for impounding cattle and horses, ways or com mons. CHAPTER LXI. An Act in alteration of "An Act to restrain Horses, Be it enacted by the Senate and House of Representatives in General Assembly convened: That the fees for impounding cattle and horses, going at large on any highway, or common, shall be twentyfound on high-five cents per head, instead of fifty cents per head as heretofore provided; one-half to the person impounding the same, and one-half to the pound-keeper. Provided, that this act shall not affect any suit now pending. Approved, July 3d, 1861. Selectmen may give notice to di when road or bridge is out of CHAPTER LXII. An Act relating to Repairs of Turnpike Roads. Be it enacted by the Senate and House of Representatives in General Assemby convened: SEC. 1. That when any portion of a turnpike road rectors of turn- or any bridge thereon, which it is the duty of the compike company, pany owning such road to keep in repair, shall be so far out of repair as to endanger the safety of travellers, a majority of the selectmen in any town through which said road passes, may give notice thereof in writing to any one of the directors of the company owning such road. repair. Repairs to be made in one month after no SEC. 2. The necessary repairs on such road or bridge shall be made within one month after such no ATTACHMENTS OF REAL ESTATE. time is extended 67 tice, if practicable, but if they can not so be made' tice, unless the such turnpike company may apply for further time for by order of completing the same, to any judge of the supreme court judge. of errors, or superior court, giving reasonable notice of such application to such selectmen; and if such judge shall find that such turnpike company, have in fact begun said repairs, and intend in good faith, with reasonable diligence, to complete the same, he may extend the time therefor, to such period as he may deem reasonable. company to com lectmen may no ceed by Quo SEC. 3. In case such repairs shall not be completed on failure of within the time limited by such judge, or in case the plete repairs, setime shall not have been extended by him, as aforesaid, tify state attor within thirty days from such notice by said selectmen, ney,then and in that case, one or more of such selectmen may give notice of such neglect of said turnpike company, to the attorney for the state, in the county where such town is situate, who shall thereupon file an infor- Who shall promation in the nature of a Quo Warranto, in the supe- warranto, to a rior court for such county, against such turnpike com- judgment of for pany; and in case upon a trial it shall be found that such notice to such director has been given, that such road or bridge was so out of repair, and so continued for the term of one month after such notice by said selectmen, or after the time limited by such judge, then such court shall adjudge the charter of such turnpike company to be forfeited. Approved, July 3d, 1861. feiture. CHAPTER LXIII. An Act in addition to "An Act concerning Attachments of Real Estate." Be it enacted by the Senate and House of Representatives in General Assembly convened: real estate must That no attachment of real estate in this state shall Attachments of be valid unless such attachment shall be made in the be made in acmanner prescribed in chapter ninety-fifth of the Public cordance with ac -Acts of 1855. Approved, July 3d, 1861. of 1855. Bridges between ing states, to be CHAPTER LXIV. An Act in addition to "An Act concerning Highways and Bridges." Be it enacted by the Senate and House of Representa tives in General Assembly convened: SEC. 1. Where any bridge now exists over any this and adjoin- river or stream of water, which is the boundary or dividing line of this state and any other state, and the same is a public bridge, and used as such, and is of public convenience and necessity, and is not owned by any body corporate, it shall be the duty of the town within which any portion of such bridge is situated, to maintain, re-erect and keep in suitable repair, the portion of such bridge that lies within the limits of such town. Providing, the authority of the adjoining state shall maintain, re-erect and keep in suitable repair, the portion of such bridge that lies in said adjoining state; and when any town shall violate the provisions of this act, they may be proceeded against under, and in pursuance of the 8th section of "An Act concerning Highways and Bridges," and the acts in addition thereto, and in alteration thereof. SEC. 2. And all acts and parts of acts, whether public or private, inconsistent with the provisions of this act, are hereby repealed. Approved, July 3d, 1861. What persons are to be enrolled. CHAPTER LXV. An Act relating to the Militia. Be it enacted by the Senate and House of Representatives, in General Assembly convened: SEC. 1. Every able-bodied white male citizen, resident within this state, of the age of eighteen years and What persons are under the age of forty-five years, excepting such persons as are legally exempt by reason of their compli exempted. |