USA > Vermont > Records of the Governor and Council of the State of Vermont, Vol. V > Part 5
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TUESDAY 30 October, 1804, 9 O'clock A. M.
The Council met pursuant to adjournment.
A Bill, passed in the House of Representatives, Entitled " An act granting to Elisha Reynolds and Christopher Pickel and their Heirs and Assigns the exclusive right of keeping a Ferry across Missiskoui Bay &c." was sent up to the Governor and Council for their Revision &c. and being read it was on motion Resolved, That it. be referred to Messs. White and Witherell.
An Engrossed Bill. passed in the House of Representatives, Entitled " An act for the Relief of the Proprietors of Concord in a certain case therein mentioned," was sent up to the Governor and Council for their Revision &c. and being read it was Resolved, That it be referred to Messs. Loomis and Witherell.
An Engrossed Bill, passed in the House of Representatives. Entitled " An act instituting, defining and regulating the Office of Comptroller of the Public accounts," was sent up to the Governor and Council for their Revision &c. and being read it was Ordered, That it lie on the Table.
Adjourned to 2 O'clock P. M.
2 O'CLOCK P. M .- An Engrossed Bill, passed in the House of Repro- sentatives, Entitled " An act laying a Tax of Three Cents per acre on the Town of Ripton," was sent up to the Governor and Council for their Revision &c. and being read it was on motion Resolved, To coneur with the House in passing the same into a Law.
Mr. Shepardson asked and obtained leave to introduce a Bill Entitled " An act for encouraging the destruction of Bears," which was read an I it was Ordered, That it lie on the Table.
The resolution of both Houses appointing a Committee to report con- cerning the Right of this State to the Glebe Lands, was received from the House with the Report of the Committee thereon, in substance that the said Lands do belong to this State, with the following new order of the House on the same: "In General Assembly Oetr. 29th, 1804. Report
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Governor and Council-October 1804.
accepted and recommitted to the same Committee to join, for the pur- pose of bringing in a Bill. Attest M. Post Clk "-in which recommit- ment the Council concurred.
An Engrossed Bill, passed in the House of Representatives, Entitled " An act establishing permanent Salaries for the Judges of the Supreme Court of this State," was sent up to the Governor and Council for their Revision &c. and being read it was on motion Ordered, That it lie on the Table.
The following Bills, passed in the House of Representatives, were sent up to the Governor and Council for their Revision &c. viz. "An Act laying a Tax of Three Cents per acre on that part of Goshen lying in the County of Addison," " An act laying a Tax of one and a half Cent per acre on all the lands in the town of Canaan," and " An act to repeal an act Entitled an act determining a particular regulation relative to the Proprietors and Landowners of Goshen and Warren "-which were sev- erally read and considered, and it was on Motion Resolved, To concur with the House in passing said Bills into Laws.
The Auditor of Accounts' Communication to the General Assembly on Stephen Conant's account against the State was received from the House with this last order of the House minuted thereon: "In General Assembly Octr. 30th, 1804, Called up and ordered to lie. Again called up and referred to Messs. Shumway, Hurd, Solo. Knight, Shaw, and Hinman, to join. Attest M. Post Clk"-which being read it was Resolved, That Mr. Keyes join the Committee from the House ..
An act laying a Tax of Two Cents per aere on Barton was sent up to Council with this order of the House thereon: "In General Assembly Oetr. 30th, 1804, Referred to the First Land-Tax Committee to join Com- mittee from Council. Attest M. Post Clk"-which was read and Re- solved, To concur in the above Reference, and that Mr. Chittenden join the said Committee from Council.
An Engrossed Bill, passed in the House of Representatives, Entitled "An act directing the Treasurer of this State to pay to Samuel Prindell the sum therein mentioned," was sent up to the Governor and Council for their Revision &c. and being read it was Resolved, That it be referred to Mr. Shepardson.
Adjourned to 9 O'clock Tomorrow Morning.
WEDNESDAY October 31st, 1804, 9 O'clock A. M.
The Council met pursuant to adjournment.
An Engrossed Bill, passed in the House of Representatives, Entitled "An act laying a Tax of Four Cents per aere on the Town of Maidstone," was sent up to the Governor and Council for their Revision &c. and being read it was on motion Resolved, To concur with the House in passing said Bill into a Law.
An Engrossed Bill, passed in the House of Representatives, Entitled "An act for the relief of Obed Harvey," was sent up to the Governor and Council for their Revision &c. and being read it was on motion Re- solved, That it be Referred to Mr. Keyes.
The following Bills, passed in the House of Representatives, were sent up to the Governor and Council for their Revision &e .- "An act laying a Tax of Three Cents per acre on the Town of Orange; An aet directing the Treasurer to pay to Elisha Smith the sum therein men- tioned," and "An act in addition to an Aet Entitled an aet incor- porating certain persons therein mentioned by the name of the Hub- barton Turnpike Company " -which Bills were severally read and
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Governor and Council-October 1804.
considered and it was on motion Resolved, To concur with the House in passing them into Laws.
The Committee on the Bill Entitled "An act directing the Treasurer to pay to Sherman Prindell the sum therein mentioned," reported that it ought to pass, whereupon it was Resolved, To concur with the House in passing the said Bill into a Law.
The Bill Entitled "An act establishing permanent Salaries for the Judges of the Supreme Court," was again read and on motion Resolved, To concur with the House in passing it into a Law.1
The following message was received from the House, read and Or- dered. That it be entered on the Journals-"In General Assembly Octs. 30th, 1804, Resolved, that this House do concur with the Governor and Council in passing the Bill Entitled "An act authorizing Elizabeth Wooster, Administratrix, to sell certain Lands," and the same has passed into a Law. Extract from the Journals, Attest M. Post Clk."
An Engrossed Bill, passed in the House of Representatives, Entitled "An act to enable Jonathan Hale, Administrator on the Estate of Daniel Tilton, to sell certain Lands in West Fairlee within this State," was sent up to the Governor and Council for their Revision &c. and being read it was on Motion Resolved, To concur with the House in passing said Bill into a Law.
An Engrossed Bill, passed in the House of Representatives, Entitled "An act for the relief of Aaron Henry Junr. and the Sureties of the said Aaron Henry Junr." was sent up to the Governor and Council for their Revision &c. and being read it was on motion Resolved, That it be referred to Messs. Loomis and White.
An Engrossed Bill, passed in the House of Representatives, Entitled "An act annexing a part of the Town of Ira to the North East School- District in the Town of Poultney," was sent up to the Governor and Council for their Revision &c. and being read it was Resolved, To con- cur with the House in passing it into a Law.
Adjourned to 2 O'clock P. M.
2 O'CLOCK P. M .- The following Resolutions were received from the House: one, "In General Assembly Octr. 31st, 1804, on Motion of Mr. T. Hutchinson Resolved, The Governor and Council concurring therein, that both Houses meet in joint Committee, in the Representatives' Room, at 10 O'clock A. M. on Saturday next, for the purpose of choosing Electors, who are to ballot for the next President and Vice President of the United States. Extract from the Journals, Attest M. Post Clk"- which was read and it was Resolved, That the Governor and Council concur therein. The other was as follows, "Rutland 31st October 1804, In Gen' Assembly, Resolved, as the sense of this House, that there be a Committee of Five from this House to join from Council, for the purpose of examining into the Laws so far as it relates to the demand of this State against the Town of Westminster, which this House has had under consideration, and report to this House what measures the Treasurer of this State ought to be directed to pursue relative to said demand. In- troduced by Mr. Hendee-Same day read and referred to Mess. Solo Wright, E. Butler, E. Allen, Hendee, and T. Hutchinson to join. At- test M. Post Clk"-which was read and it was Resolved, That Messs. Witherell & Loomis join the Committee above mentioned appointed by the House.
An Engrossed Bill, passed in the House of Representatives, Entitled
1 The annual salary of the Chief Judge was one thousand dollars, and of each Assistant Judge nine hundred dollars.
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Governor and Council -November 1804.
"An act directing the Treasurer to pay the several sums therein men- tioned," was sent up to the Governor and Council for their Revision &c. and being read, with the accounts on which the Items were founded, and undergoing a long discussion, it was on Motion Resolved, That it be referred to Messs. Chittenden and White so far as it relates to the , account of Stephen Conant.
Adjourned to 9 O'clock Tomorrow Morning.
THURSDAY, November 1st, 1804, 9 O'clock A. M.
An Engrossed Bill, passed in the House of Representatives, Entitled "An act laying a Tax of one Cent and five mills on the Dollar on the list of the present year,"1 was sent up to the Governor and Council for their Revision &c, and being read it was on motion Resolved, To concur with the House in passing said Bill into a Law.
The Committee on the Bill Entitled "An act directing the Treasurer to pay the several sums therein mentioned," reported that eight Dollars be deducted from the account of Stephen Conant, which report was not accepted, and on motion Resolved to concur with the House in passing the Bill so far as relates to the Item allowing Mr. Conant the sum of 246720 Dollars. The said Bill being still under consideration. it was Resolved, That the Bill, so far as it relates to the Remainder of the sums allowed by said Bill, be referred to Messs. Galusha & Fletcher.
The Committee on the Bill Entitled " An act granting to Charles Rey- nolds and Christopher Pickell and their Heirs and Assigns the exclusive right of keeping a Ferry across Missiskoui Bay." reported that the Bill ought to be amended in the following manner,-In the First line of the Third Page. after the word " directed," erase the remainder of the Sec- tion and insert the following, "shall pay to the Person or Persons in- jured all such damages as shall arise by such neglect or delay, or by receiving excessive Fees for ferriage, to be recovered before any Court of Competent Jurisdiction, together with full Costs of Prosecution, any Law to the Contrary notwithstanding "-which Report was accepted and on motion Resolved, To coneur in the passing the Bill into a Law as amended.
The Committee on the Bill Entitled " An act granting to Darius Fer- ris of Panton in the County of Addison the exclusive right of keeping a Ferry from said Panton across Lake Champlain," reported that the Bill be amended as follows,-In the Third Section of the Bill, after the word " shall" in the ninth line from the Top, erase the remainder of the Sec- tion and add the same amendment as was made to the last Bill, (see above,)-which Report was accepted and on motion Resolved, To con- cur with the House in passing it into a Law as amended.
An Engrossed Bill, passed in the House of Representatives, Entitled "An aet suspending civil process against Charles Willard for the Term of Four Years," was sent up to the Governor and Council for Revision &c. and being Read it was on Motion Resolved, That it be referred to Messs. Niles & Witherell.
An act to vest the Estate of John Me Visher in the Town of Pownal was received from the House with this order thereon: " In General As- sembly Octr. 31st, 1804, This Bill was introduced on motion of Solo. Wright, Read and referred to Messs. Shaw, Baker, Wheatley, Moffett, and Chipman to join Committee from Council. Attest M. Post Clk "- which was read and Resolved, That Messs. Shepardson and Fletcher join the Committee from the House.
1 Tax for the support of government.
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Governor and Council-November 1804.
The following Bills, passed in the House of Representatives, were sent up to the Governor and Council for their Revision &c. viz. " An act altering the name of Abraham Willson to Abraham Fisher;" "An act laying a Tax of three Cents per acre on the Town of Philadelphia " [part of Chittenden, ] and " An act remitting a sum of money to the Town of Tinmouth"-which Bills being severally read and considered it was on motion Resolved, To concur with the House in passing them into Laws.
The Committee on the Bill Entitled " An act for the relief of Obed Harvey," reported an amendment to the Bill which was not accepted. and on motion Resolved, To concur with the House in passing said Bill into a Law.
Adjourned to 2 O'clock P. M.
2 O'CLOCK P. M .- The Committee on the Bill Entitled " An act to suspend Civil process against Charles Willard for the Term of Four Years," reported that upon an inquiry into the situation of the said Wil- lard they think that, from the peculiar circumstances attending the same, if the Legislature will ever interfere to grant such acts of Suspen- sion, he is a proper subject for relief-and the Bill being again read it was on motion amended by erasing after the word "personal " in the eighth line the words " with a view to defraud or injure," and insert " to the injury of"-and then it was Resolved, To concur with the House in passing the same into a Law as amended, and Mr. Witherell requested to assign the Reasons of Council to the House.
A Bill Entitled " An act granting relief to Insolvent Debtors " was received from the House with this order thereon: " In General Assem- bly Nov. 1st, 1804, This Bill was brot in on motion of Mr. Emmons, Read and referred to Messs. Olin, Wm. C. Harrington, and House, to join Com- mittee from Council. Attest M. Post Clk."-which Bill was read and Resolved, That Messs. Galusha and Loomis join the Committee from the House.
The Committee on the Bill Entitled "An act directing the Treasurer to pay the several sums therein mentioned,"-reported that it ought to be amended as follows-add this Provisional Clause, " Provided never- theless, if there be any demands in favor of this State against any Per- son or Persons who are allowed any Sum or Sums by this act, it shall be the duty of the Treasurer to credit such Person or Persons the sum or sums so allowed to him or them and to pay over the balance only, if any there be, any thing in this act to the contrary notwithstanding "-and that the account of Elisha Yeammons Jur. be allowed at 565 | 100 Dollars instead of 640|100 Dlls. and the general sum mentioned in the Bill be altered accordingly-which Report was accepted and on motion Re- solved, To concur with the House in passing the Bill as amended, and Mr. Galusha appointed to inform the House of the Reasons of Council.
An Engrossed Bill, passed in the House of Representatives, Entitled "An act authorizing the Treasurer to sell certain Lands in Wilmington." was sent up to the Governor and Council for their Revision &c. and being read it was on motion Resolved, That it be referred to Mr. Shepardson.
An Engrossed Bill passed in the House of Representatives, Entitled "An act directing the Treasurer to pay to sundry Persons the several sums therein mentioned," was sent up to the Governor and Council for their Revision &c. and being [read] it was on motion Resolved, that it be referred to Mr. Spooner.
The Committee on the Bill Entitled "An act appointing a Committee to lay out and survey a Road from Montpelier to Peacham." reported the following amendments: on 2nd Page, second line from the Top, after
3
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Governor and Council-November 1804.
the word "making," erase the words " and repairing," and add a 5th Sec- tion as follows-"Sec. 5. And it is hereby further enacted, That where said Highway shall be laid thro' any improved Lands, the owner or owners thereof shall be entitled to damages, which shall be assessed by said Committee; and if there shall be any Highway or allowance Land adjoining said Lot not wanted for Highways, the same shall [be] as- signed over to such owner aforesaid at its true value, to go in satisfac- tion of such Damages, and the residue of such Damages, if any remains due, shall be paid by the Selectmen of the Town in which such Dam- ages shall accrue, previous to the opening such highway"-which were adopted and on motion Resolved, To concur with the House in passing sd Bill as amended, and Mr. Loomis requested to assign to the House the Reasons of Council for the same.
Adjourned to 9 O'clk Tomorrow morning.
RUTLAND Friday November 2nd, 1804, 9 O'clock A. M. The Council met pursuant to adjournment.
The following Message was received from the House, read and Or- dered that it be entered on the journals-"In General Assembly Nov. 1st, 1804, Resolved to concur with the Governor and Council in their proposed amendments to the following Bills, to wit, A Bill Entitled "An act to suspend all civil Process against Charles Willard of Tinmouth" &c., A Bill Entitled "An act granting to Elisha Reynolds and Christo- pher Pickell the Right of keeping a Ferry across Missiskoui Bay;" A Bill Entitled "An act granting to Darius Ferris the right of keeping a Ferry" &c., and A Bill Entitled "An act directing the Treasurer to pay the several sums therein mentioned." Extract from the Journals. At- test M. Post Clk."
An Engrossed Bill, passed in the House of Representatives, Entitled "An act to ratify and confirm the election of a Collector of a Land-Tax in the Town of Bridgewater," was sent up to the Governor and Council for their Revision &c. and being read it was Resolved, that the Gov. &' Council do nonconcur with the House in passing the said Bill into a Law for the following reasons-"Should this Bill pass into a Law, it may very possibly work much evil to individuals and serve as a prece- dent for the passing of other Laws equally detrimental. The Governor and Council are of opinion that in the present case the creation of any new right in one person involves a divestiture of right in another.
A Bill Entitled "An act assessing a Tax of Three Cents per acre on the Towns of Granby, Easthaven, Newark, and Random" [Brighton,] was received from the House with this order thereon-"In General Assembly Nov. 1st, 1804, Read and referred to the First Land-Tax Committee. Attest M. Post Clk."-in which Reference the Council concurred.
An Engrossed Bill, passed in the House of Representatives, Entitled "An act appointing a Committee to survey, lay out and open a County or Market Road from the South end of Hubbardton and Castleton Turn- pike to meet" &c. was sent up to the Governor and Council for their Revision &c. and being read it was Resolved, To concur with the House in passing the said Bill into a Law.
An Engrossed Bill, passed in the House of Representatives, Entitled "An act authorizing the Proprietors and Landowners of Stowe in the County of Chittenden to make, accept and confirm any Division or Divisions" &c. was sent up to the Governor and Council for their Re- vision &c. and being read it was on motion Resolved, That it [be] referred to Messs. Niles and Spooner.
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Governor and Council-November 1804.
An Engrossed Bill, passed in the House of Representatives, Entitled "An act suspending suits against Joseph Bowman Jur. for the Term of Four Years." was sent up to the Governor and Council for their Revision &c. and being read it was on motion Resolved, To concur with the House in passing the said Bill into a Law.
An Engrossed Bill, passed in the House of Representatives, Entitled "An act reviving certain Acts laying Land-Taxes, and for the correction of an error," was sent up to the Governor and Council for their Revision &c. and being read it was on motion Resolved, That it be referred to Mr. Fletcher.
The Committee on the Bill Entitled "An act directing the Treasurer to pay to sundry Persons the several sums therein mentioned," reported that, after an examination into the several items directed to be paid by the said Bill, they were of opinion that it ought to pass -which report was accepted, and on motion Resolved, To concur with the House in passing said Bill into a Law.
"An act for encouraging the destruction of Bears" was again read and Mr. Shepardson asked and obtained leave to withdraw the same.
The Committee on the Bill Entitled "An act empowering the Propri- etors of the Township of Weybridge to lay out their undivided Lands by Pitches," reported that it ought to pass, whereupon it was Resolved, To concur with the House in passing said Bill into a Law.
The Bill Entitled "An act for instituting, defining and regulating the Office of Comptroller of the Public Accounts," was called up and Referred to Govr. Brigham and Mr. Galusha.
An Engrossed Bill, passed in the House of Representatives, Entitled "An act to revive and alter an act Entitled An act laying a Tax on Swanton," was sent up to the Governor and Council for their Revision &c. and being read it was on motion Resolved, That it be referred to Mr. White.
The Committee on the Bill Entitled "An act for the relief of the Pro- prietors of Concord in a certain case therein mentioned," reported sun- dry amendments, the consideration of which was postponed untill the afternoon.
The Message below recorded was received from the House, read & Ordered, That it be entered on the journals-"In General Assembly Novr. 24, 1804, Resolved to concur with the Governor and Council in the amendments by them proposed to a Bill Entitled "An act appointing a Committee to lay out and survey a Road from Montpelier to Peacham." Extract from the Journals. Attest M. Post Clk."
This Resolution was sent up from the House: "In General Assembly Nov. 1, 1804, Resolved, That the Committee to whom was referred the Bill Entitled "An act granting relief to Insolvent Debtors," be dis- charged from the further consideration of the same. Extract from the Journals, Attest M. Post Clk."-which was read and Resolved, The Committee on the part of the Council be also discharged.
The Resolution, which originated in Council, appointing a Committee to enquire and make report whether any alterations or amendments are necessary in the act regulating Marriage & Divorce, was returned from the House with the following order minuted thereon: "In General As- sembly Octr. 27th, 1804, Read and concurred, and Mess. Fisk, Hendee, and Hunt appointed a Committee on the part of the House. Attest M. Post Clk."
Adjourned to 2 O'clock P. M.
1136375
2 O'CLOCK P. M .- The Memorial of Hadlock Marcy was again re- ceived from the House with this new order minuted thereon: "In Gen-
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Governor and Council-November 1804.
eral Assembly Nov. 1, 1804, Report read, accepted and ordered to lie on the Table. Nov. 2, Called up and recommitted to same Committee to join. Attest, M. Post Clk."-in which recommitment the Council concurred.
The following Resolution was sent from the House to Council: "In General Assembly Octr. 24th, 1804, Introduced by Mr. Lyon. Whereas, the Honorable Judges of the Supreme Court have been implicated by a member of this House for taking and receiving fees and perquisites in certain cases which are not allowed by Law, Therefore, Resolved, That a Committee of three from this House be appointed to enquire and as- certain the fees and perquisites the said Judges have taken and received in the actions brought for three years last past, state facts and make report. Read and Referred to Messs. Shaw, Wheatley, and Buckingham. Nov. 1, on motion Ordered that Mess. Moffett and Luce be added to the above Committee, and that the Committee join such Committee as the Council may appoint. Attest M. Post Clk."-which being read it was Resolved, To nonconcur with the House in this Resolution so far as re- lates to that part of it which requests the Governor and Council to appoint a Committee to join the Committee appointed by the House on the same, and Mr. Niles requested to inform the House of the Reasons of Council. 1.
The " act for the relief of the Proprietors of Concord " &c. was again read and recommitted to the same Committee.
An Engrossed Bill, passed in the House of Representatives, Entitled "An act to appoint a Committee to lay out and survey a Road from the place where the Bridge over Connecticut River was erected in Norwich to Chelsea Court-House," was sent up to the Governor and Council for their Revision &c. and being read it was Resolved, That it be referred to Mr. Chittenden.
The Committee on the Bill Entitled "An act authorizing and empow- ering the Treasurer of this State to sell and convey certain Lands in Wilmington in the County of Windham," reported the following amend- ment,-In the 14th line after the word "Deed" erase the whole line and insert the following words, "when executed and acknowledged by the Treasurer and recorded in the Town Clerk's Office of the Town of Wil- mington"-which amendment was adopted, and Resolved, To concur with the House in passing the said Bill into a Law as amended, and Mr. Shepardson requested to inform the House of the Reasons of Council.
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