Sections
§ 3421 Definitions; application
§ 3422 Scope of chapter
§ 3423 Construction of terms
§ 3424 Application of provisions of title
§ 3425 Adverse possession in roadway confers no right
§ 3426 Contracts between corporations; corporate property
§ 3427 Alien railroad corporations; exceptions
§ 3428 Jurisdiction of Superior Court
§ 3429 Rights and liabilities not affected
§ 3430 Legislative control
§ 3431 Railroad rights-of-way
§ 3432 Emergency action for railroad derailment accidents

Terms Used In Vermont Statutes > Title 5 > Chapter 60 - General Provisions

  • Accept: means to solicit, receive, or agree to receive. See
  • Agency: means the Agency of Transportation. See
  • Agency of Education: means the Secretary and staff necessary to carry out the functions of the Agency. See
  • agreement: means one or more of the following:

  • Alcohol: means the product of distillation, fermentation, or chemical synthesis, including alcoholic beverages, ethyl alcohol, and nonpotable alcohol. See
  • Alcoholic beverages: means malt beverages, vinous beverages, spirits, ready-to-drink spirits beverages, and fortified wines. See
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Annual meeting: when applied to towns shall mean the annual town meeting in March or an adjournment thereof. See
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Approved independent school: means an independent school that is approved under section 166 of this title. See
  • Australian ballot: includes any ballots counted by a vote tabulator approved for use in any election conducted in the State. See
  • between: as used in this title in respect to a specified age of a student, shall mean the period of time commencing on the birthday of the child when he or she becomes the age first specified and ending on the day next preceding the birthday of the child when he or she becomes the age last specified. See
  • biennially: shall mean the year in which a regular session of the General Assembly is held. See
  • Board: means the Transportation Board. See
  • Board of civil authority: means , unless otherwise provided by municipal charter, in the case of a town, the selectboard and town clerk and the justices residing therein; in the case of a city, the mayor, aldermen, city clerk, and justices residing therein; in the case of a village, the trustees, village clerk, and the justices residing therein; and, in any case, such suitable member or members of unrepresented or insufficiently represented political parties as may be appointed members of the board of civil authority under the provisions of section 2143 of this title. See
  • Board of Liquor and Lottery: means the board of control appointed under the provisions of chapter 5 of this title. See
  • Candidate: means an individual who has taken any affirmative action to become a candidate for public office. See
  • Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
  • Certificate of approval: means a license granted by the Board of Liquor and Lottery to a manufacturer or distributor of malt beverages, vinous beverages, or ready-to-drink spirits beverages that is not licensed under the provisions of this title that permits the licensee to sell those beverages to holders of a packager's or wholesale dealer's license. See
  • Certificate of approval: means an authorization by the Board of Liquor and Lottery pursuant to section 274 of this title to a manufacturer or distributor of malt beverages, vinous beverages, or ready-to-drink spirits beverages not licensed under the provisions of this title, to sell those beverages to holders of a packager's or wholesale dealer's license issued by the Board pursuant to section 272 or 273 of this title. See
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Contribution: includes any transfer between committees or candidates. See
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Criminal record: means the record of:

  • Department: means the Department of Liquor and Lottery. See
  • Dependent: A person dependent for support upon another.
  • Division: means the Division of Liquor Control in the Department of Liquor and Lottery. See
  • Election: means the procedure whereby the voters of this State, or any of its political subdivisions, select persons to fill public offices or act on public questions. See
  • Electorate: means the qualified voters in a school district voting at a properly warned school district meeting. See
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Expenditure: means a payment, disbursement, distribution, advance, deposit, loan, or gift of anything of value, paid or promised to be paid (whether or not the promise is legally enforceable) for the purpose of supporting or opposing any campaign. See
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
  • filed: means deposited in the regularly maintained office of the official with whom the filing is to be made. See
  • First-class license: means a license permitting the licensee to sell malt beverages, vinous beverages, and ready-to-drink spirits beverages to the public for consumption only on the premises for which the license is granted. See
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
  • Fortified wines: means vinous beverages, including those to which spirits have been added during manufacture, containing at least 16 percent alcohol but not more than 23 percent alcohol by volume at 60 degrees Fahrenheit and all vermouths containing not more than 23 percent alcohol by volume at 60 degrees Fahrenheit. See
  • Franchisee: means any malt beverages, vinous beverages, or ready-to-drink spirits beverages wholesale dealer to whom a franchise or agreement as defined in this section is granted or offered, or any malt beverages, vinous beverages, or ready-to-drink spirits beverages certificate of approval holder or manufacturer who is a party to a franchise or agreement as defined in this section. See
  • Franchisor: means any malt beverages, vinous beverages, or ready-to-drink spirits beverages certificate of approval holder or manufacturer who enters into any franchise or agreement with a malt beverages or vinous beverages wholesale dealer, or any malt beverages or vinous beverages certificate of approval holder or manufacturer who is a party to a franchise or agreement as defined in this section. See
  • Fraud: Intentional deception resulting in injury to another.
  • General election: means the election held on the first Tuesday after the first Monday in November, in even-numbered years. See
  • Give: means to offer, present, confer, pay, or deliver; also to agree or promise to do any of the foregoing. See
  • Independent school: means a school other than a public school, which provides a program of elementary or secondary education, or both. See
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Justice: when applied to a person, other than a Justice of the Supreme Court, shall mean a justice of the peace for the county for which he or she is elected or appointed. See
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Local election: means any election that deals with the selection of persons to fill public office or the settling of public questions solely within a single municipality. See
  • Malt beverages: means all fermented beverages of any name or description manufactured for sale from malt, wholly or in part, or from any malt substitute, known as, among other things, beer, ale, or lager, containing not less than one percent nor more than 16 percent alcohol by volume at 60 degrees Fahrenheit. See
  • Month: shall mean a calendar month and "year" shall mean a calendar year and be equivalent to the expression "year of our Lord. See
  • Municipality: shall include a city, town, town school district, incorporated school or fire district or incorporated village, and all other governmental incorporated units. See
  • Municipality: means a county, city, village, town, or any other political subdivision of this State and any public corporation, authority, or district of this State that is or may be authorized by law to acquire, establish, construct, maintain, improve, or operate transportation facilities or services. See
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means any individual, business entity, labor organization, public interest group, or other organization, incorporated or unincorporated. See
  • Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
  • Person: means an individual, firm, partnership, corporation, company, association, joint stock association, or body politic, including a trustee, receiver, assignee, or other similar representative. See
  • Personal property: All property that is not real property.
  • Political party: is a ny group of individuals that has organized and filed its certificate of organization with the Secretary of State, pursuant to chapter 45 of this title. See
  • prekindergarten education: means services designed to provide developmentally appropriate early development and learning experiences based on Vermont's early learning standards to children who are three to four years of age and to five-year-old children who are not eligible for or enrolled in kindergarten. See
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Primary: means any election that precedes a general or special election, for the purpose of permitting political parties to nominate, from among all of the candidates for any office, only that number of candidates equal to the number of persons to be elected to that office at the succeeding general or special election. See
  • Probate: Proving a will
  • Public question: means any question, issue, proposition, or referendum (whether binding or advisory) submitted or required by law to be submitted to the voters of the State or any political subdivision of the State, for a decision. See
  • Quorum: The number of legislators that must be present to do business.
  • Ready-to-drink spirits beverage: means an alcoholic beverage containing more than one percent alcohol by volume and not more than 12 percent alcohol by volume at 60 degrees Fahrenheit obtained by distillation, by chemical synthesis, or through concentration by freezing and mixed with nonalcoholic beverages, flavoring, or coloring materials. See
  • Recess: A temporary interruption of the legislative business.
  • Representative district clerk: means , in each representative district, the clerk of that town or part of a town having the largest population in the district. See
  • Retail dealer: means any person who sells or furnishes malt beverages, vinous beverages, or ready-to-drink spirits beverages to the public. See
  • road: shall include bridges thereon and their approaches. See
  • said: when used by way of reference to a person or thing shall apply to the same person or thing last mentioned. See
  • School board: means the board of school directors elected to manage the schools of a school district, the prudential committee of an incorporated school district, the supervisory union board of directors, and the supervisors of unorganized towns and gores. See
  • School board: means the board of school directors of a school district or its equivalent in any independent school. See
  • School district: means town school districts, union school districts, interstate school districts, city school districts, unified union districts, and incorporated school districts, each of which is governed by a publicly elected board. See
  • School district: means , unless the context otherwise clearly requires, a school district or a supervisory union. See
  • School district meeting: means a duly warned meeting of a school district at which questions are presented to the electorate. See
  • School officers: shall include all persons, other than teachers, who have to do with matters pertaining to public schools. See
  • School year: means the year beginning July 1 and ending the next June 30. See
  • seal: shall include an impression of the official seal made upon paper alone or by means of a wafer or wax affixed thereto. See
  • Second-class license: means a license permitting the licensee to export and to sell malt beverages, vinous beverages, or ready-to-drink spirits beverages to the public for consumption off the premises for which the license is granted. See
  • Secretary: means the Secretary of State. See
  • Secretary: means the Secretary of Transportation. See
  • Secretary: means the Secretary of Education. See
  • Senatorial district clerk: means the county clerk for those towns within a senatorial district aggregating the largest population. See
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Special election: means an election that is not provided for by law to be held at stated intervals. See
  • Spirits: means beverages that contain more than one percent alcohol obtained by distillation, by chemical synthesis, or through concentration by freezing; vinous beverages containing more than 23 percent alcohol; and malt beverages containing more than 16 percent alcohol by volume at 60 degrees Fahrenheit. See
  • State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
  • State Board: means the State Board of Education established by chapter 3 of this title. See
  • Statute: A law passed by a legislature.
  • Superintendent: means the chief executive officer of a supervisory union and each school board within it. See
  • Supervisory district: means a supervisory union that consists of only one school district, which may be a unified union district. See
  • Supervisory union: means an administrative, planning, and educational service unit created by the State Board under section 261 of this title, that consists of two or more school districts; if the context clearly allows, the term also means a supervisory district. See
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Town: shall include city and wards or precincts therein; "selectboard members" and "board of civil authority" shall extend to and include the mayor and aldermen of cities; "trustees" shall extend to and include bailiffs of incorporated villages; and the laws applicable to the inhabitants and officers of towns shall be applicable to the inhabitants and similar officers of all municipal corporations. See
  • Town: includes "city. See
  • Town clerk: means a town officer elected pursuant to section 2646 of this title or otherwise elected or appointed by law and performing those duties prescribed by 24 Vt. See
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Unsupervised: means not in the presence of a responsible adult in the employ of or under the direction of the independent school or school district. See
  • User agreement: means an agreement between the Vermont Crime Information Center and a party requesting and receiving criminal record information that requires the party to comply with all federal and State laws, rules, regulations, and policies regulating the release of criminal record information and the protection of individual privacy. See
  • Vinous beverages: means all fermented beverages of any name or description manufactured or obtained for sale from the natural sugar content of fruits or other agricultural product, containing sugar, the total alcoholic content of which is not less than one percent nor more than 16 percent by volume at 60 degrees Fahrenheit. See
  • Vote tabulator: means a machine that registers and counts paper ballots and includes optical scan tabulators. See
  • Voter: means an individual who is qualified to vote in an election in this State or a political subdivision of this State, and whose name is registered on the checklist of a political subdivision of the State. See
  • Wholesale dealer: means a packager licensed pursuant to section 272 of this title or a wholesale dealer licensed pursuant to section 273 of this title. See
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Year: means a calendar year. See