USA > Vermont > Records of the Governor and Council of the State of Vermont, Vol. V > Part 7
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An Engrossed Bill, passed in the House of Representatives. Entitled " An act annexing Parker's Gore to Medway " [Mendon] was sent up to the Gov. and Council for their Revision &c. Read and on motion was amended by adding these words to the Title of the Bill, "and Incorpo- rating the same into a Town by the name of Parkerstown "-by insert- ing in the 7th Line of the 1st Sec. the word " Parkerstown " in lieu of the word " Medway." and after the word " inserted " in the 5th line of the 2nl Sec. by adding the words " Parkerstown alias "-and then Resolved, To coneur with the House in passing the same into a Law as amended, and Mr. Keyes requested to inform the House of the Reasons of Council in proposing those amendments.
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Governor and Council-November 1804.
A Bill, Entitled " An act more effectually to render justice in certain cases," was received from the House with this order thereon: " In Gen- eral Assembly Nov. 6, 1804, This Bill was brot. in on motion by Mr. Peckham, read and Referred to Mess. Buel. H. Horton & A. Horton to join. Attest M. Post Cik"-whereupon it was Resolved, That Mr. Chittenden join the above Committee from the House.
A Bill, Entitled " An act to remit to Thomas Tolman the payment of a certain Obligation " was received from the House with this order on it: "In General Assembly Novr. 6. 1804, This Bill was brot in on mo- tion of Mr. Stanley, read and referred to Messs. Leavenworth, Hinman, and Underhill to join. Attest M. Post Clk "-which was read and Re- solved, That Mr. Fletcher join the Committee appointed by the House.
The Committee on the Bill Entitled " An act making provision for the payment of the Costs of Prosecution in certain cases therein men- tioned," reported that it ought to pass, whereupon 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 in addition to an act Entitled an act regulating Town Meetings and the choice and duty of Town Officers," was sent up to Governor and Council for their Revision &c. read and on motion Resolved, To coneur with the House in passing the said Bill into a Law.
Mr. Loomis introduced the following Resolution-" In Council Novr. 6, 1804, Resolved, the House of Representatives concurring therein, that the Bill Entitled " An act explanatory of a provision in sundry Turnpike Grants," be laid over to the next Session of the Legislature, and that the Secretary of State cause the substance of this act to be published in Spooner's Vermont Journal, and in the Rutland Herald, three weeks successively, the last publication to be at least twelve days before the next Session of the Legislature," which was read, adopted and Mr. Loomis requested to carry it to the House, and the Bill mentioned therein, inform them of the Reasons of Council and request their concur- rence.
The following Bills, passed in the House of Representatives, were sent up to the Governor and Council for their Revision &c .- " An act authorising the Proprietors of Moretown in the County of Chittenden to ratify and confirm the Division of said Town in Severalty," and "An act granting a new Trial to Charity Blodget and Peggy Blodget, both of Randolph in the County of Orange," which Bills were severally read and considered and on motion it was Resolved, To concur with the House in passing them into Laws.
The Report of the Committee on the Resolution relative to the Metli- odists was called up, not accepted, and recommitted to the same Com- mittee to join such further Committee as the House may appoint, and Mr. Witherell added to the Committee from Council.
Adjourned to 9 O'clock Tomorrow Morning.
WEDNESDAY, November 7th, 1804, 9 O'clk A. M.
The Council met pursuant to adjournment.
The Committee on the Bill Entitled " An act in addition to all act Entitled An act in addition to and in amendment of an act En- titled An act appointing a Committee to lay out and survey a Public Road from Berkshire to Brandon," reported the following amend- ments viz. Erase the remainder of the Bill after the word "Two " at the end of the Seventh line from the Top, and insert the follow- ing-" Whereas the Committee named in the act to which this is an
ยท
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Governor and Council-November 1804.
addition have not compleated the surveying and laying out the Road contemplated to be laid in and by said Act, by the time therein lim- ited-Therefore It is hereby enacted by the General Assembly of the State of Vermont, That said Committee, with the addition of Nathaniel Ladd and Caleb Hendee Esquires, shall have time from and after the passing of this act to the first day of June in the year one Thousand eight Hundred and five to complete the surveying and laying of the Road aforesaid "-which were adopted and on Motion Resolved, To concur with the House in passing the said Bill into a Law as amended, and Mr. White requested to assign the reasons of such amendments to the House.
The Committee on the Bill Entitled " An act in addition to and in al- teration of an act Entitled An act assessing a Tax of Two Cents per acre on the Town of Westford, passed 26th Octr. A. D. 1799," reported these Amendments-In the tenth line of the Preamble, after the word " such " erase the word " as " and insert the words "whereon Taxes," and after the word "paid " erase the words "and redeemed." In the fifth line of the Second Section, after the word " afterwards " insert " or shall have credit for his or her Taxes, or any part thereof, or for redemp- tion of such person's lands, on the former Collector's Records " -and add a Third Section as follows: "Sec. 3rd. And it is hereby further en- acted, That the said David Hazeltine shall publish the substance of this act together with the advertisements for the sale of said Lands-Pro- vided nevertheless, That nothing in this act shall be construed to affect the Title to any Lands where the owner or owners have worked out their Taxes and settled the same with the Committee appointed by said aet to superintend the expenditure of said Tax, or who have paid their Tax to the said former Collector before his sale of said Lands, or re- deemed the same in the manner provided or within the time limited by Law, any thing in this act to the contrary notwithstanding"-which amendments were adopted and it was Resolved, To concur with the House in passing the said Bill into a Law as amended, & Mr. Loomis re- quested to inform the House of the Reasons of Council in those amend- ments.
An Engrossed Bill, passed in the House of Representatives, Entitled " An act directing the Treasurer to pay the Fees of the several State's Attornies " was sent up to the Governor and Council for their Re- vision &c. read and on motion it was Resolved, To concur with the House in passing the same into a Law.
An Engrossed Bill, passed in the House of Representatives, Entitled " An act in addition to an act Entitled an act reducing into one the sev- eral acts for laying out, making, repairing and clearing Highways," was sent up to the Governor and Council for their Revision &c. read and on Motion Resolved, That it be referred to Mess. Loomis & Witherell.
The Committee on the Bill Entitled " an act granting relief to Nathan Osgood Esquire of Rutland," reported the following amendment to be added to the Bill-"Sec. 13th. And it is hereby further enacted, that the said Commissioners shall, for the services by this act enjoined upon them to perform, be allowed, each one, the sum of Two Dollars per day for each day in which they shall be employed, to be paid out of the Es- tate of the said Nathan Osgood. And the appraisers shall be allowed such sum per day as is by Law allowed to the appraisers of the Estate of persons deceased, and also the expense of advertising. adjusting, and distributing of said Estate as directed by this act, shall also be paid out of the said Estate "-which were adopted & Resolved, To concur with the House in passing said Bill into a Law as amended, and Mr. Galusha requested to inform the House of the Reasons of Council in adopting those amendments.
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Governor and Council-November 1804.
An Engrossed Bill, passed in the House of Representatives, Entitled " An act in addition to an act Entitled An act for the purpose of regu- lating Suits respecting landed property and directing the mode of Pro- ceeding therein," was sent up to the Governor and Council for their Revision &c. read and on motion Resolved, That it be referred to Mr. Shepardson.
An Engrossed Bill, passed in the House of Representatives, Entitled " An act granting the exclusive right of Ferriage and Freightage from Burlington Bay in the State of Vermont to Chesterfield in the State of New York for the Term of fifteen Years," was sent up to the Governor and Council for their Revision &c. read and Resolved, That it be refer- red to Mr. White.
The following Bills, passed in the House of Representatives, were sent up to the Governor and Council for their Revision &c .- " An act for fixing the Shire in the County of Grand Isle," & " An act appointing a Committee to look out and survey a Road from Rutland in the County of Rutland to Woodstock in the County of Windsor," which were sev- orally read and it was Resolved, To concur with the House in passing them into Laws.
Mr. Chipman, from the House, returned to Council the Bill Entitled " An act granting to the Common Council of the City of Vergennes lib- erty to raise by Lottery the sum of two thousand five hundred Dollars for the purpose of building a Bridge over Otter Creek in said City," which had been nonconcurred by Council Nov. 5th, and had again been passed by the House, and after assigning the reasons which gov- erned that body in again passing the Bill, and requesting the Concur- rence of Council, he withdrew, whereupon it was Resolved, To rescind from the nonconcurrence above mentioned, and To concur with the House in passing the same into a Law.
An Engrossed Bill, passed in the House of Representatives, Entitled " An act directing the Treasurer to pay the Executor of Calvin Knoul- ton Esqr- deceased the sum therein mentioned," was sent up to the Gov- ernor and Council for their Revision &e. and being read it was on mo- tion Resolved, That it [be] referred to Mr. Loomis.
Adjourned to 2 O'clock P. M.
2 O'CLOCK P. M .- The following Message from the House was re- ceived in Council, read and Ordered to be entered on the Journals-"In General Assembly Novr. 7th, 1804, Resolved to concur with the Gover- nor and Council in their proposed amendments. to the following Bills, to wit. a Bill Entitled "An act in addition to an act appointing a Commit- tee to lay ont a Road from Berkshire to Pitsford;" A Bill Entitled "an act in addition to an act Entitled an act in alteration and revival of an act Entitled An act assessing a Tax of two Cents per acre on the Town of Westford;" A Bill Entitled "An act granting Relief to Nathan Os- good," and "An act annexing Parker's Gore to Medway " &c .- and fur- ther Resolved to concur in the Resolution for referring the Bill Entitled "An act explanatory of a Proviso in certain Turnpike Grants," to the next Session of the next Legislature. Extract from the Journals, At- test M. Post Clk."
Mr. N. Robinson, from the House, returned the Bill Entitled "An act authorizing the Proprietors and Landowners of Stow in the County of Chittenden to make, accept and confirm any Division or Divisions " &c. which was nonconcurred by Council Novr. 3rd, and informed the Council that the House had again passed the Bill, and after informing the Coun- cil of the reasons of the House, and requesting the concurrence of Council, he withdrew -whereupon it was on motion Resolved, That the
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Governor and Council-November 1804.
Governor and Council rescind from their nonconcurrence in said Bill, and that the following Resolution be adopted as the sense of Council on the subject of that Bill-" In Council Noyr. 7th, 1804, Resolved, the House of Representatives concurring therein, that the Bill Entitled "An act authorising the Proprietors and Landowners of Stow in the County of Chittenden to make, accept and confirm any Division or Divisions &c. be referred to the next Session of the Legislature, and that the Propri- etors and Landowners of said township of Stow cause the Substance of this act to be published in the Vermont Journal printed at Windsor, and Vermont Centinel printed at Burlington, three weeks successively, the last of which publication to be at least three weeks before the sitting of the Legislature; and also that the Inhabitants of said Stow have oppor- tunity to express their wishes relative to the matters contained in the said Bill, in Town meeting legally warned for said purpose, having the business to be acted upon set forth in such warning."
An Engrossed Bill. passed in the House of Representatives, Entitled "An act in addition to and alteration of an act ascertaining the princi- ples on which the List of this State shall be made and directing the Listers in their Office and duty," was sent up to the Governor and Coun- cil for their Revision &c. read and Resolved, That it be referred to Messs. Galusha, Loomis, and White.
'An Engrossed Bill, passed in the House of Representatives, Entitled " An act in addition to an act for the Probate of Wills and the Settle- ment of Testate and Intestate Estates," 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 Fletcher.
An Engrossed Bill, passed in the House of Representatives, Entitled "An act to repeal the act therein mentioned," was sent up to the Gover- nor and Council for their Revision &c. read and it was Resolved, That it be referred to Messs. Witherell & Chittenden.
Mr. Bigelow, from the House, returned to Council the Bill Entitled "An act annexing a part of the Town of Pern to the Town of Dorset," which was nonconcurred by Council Novr. 5th, and informed the Council that the House had again passed the Bill, and after assigning the Rea- sons of the House therefor, and requesting the concurrence of the Coun- cil thereto, he withdrew, whereupon it was on motion Resolved, That the Governor and Council do rescind from their nonconcurrence in said Bill, and that the following Resolution be adopted as the sense of Council on that Bill-"In Council Novr. 7. 1804, Resolved, the House of Representatives concurring therein, that the Bill Entitled " An act an- nexing a part of the Town of Peru to the Town of Dorset " be referred to the next Session of the Legislature, that the Inhabitants of the Towns of Dorset and Peru may have opportunity to express their wishes rela- tive to the matters contained in said act, in a Town meeting legally warned and holden for that purpose, having the business to be acted upon set forth in such warning."
Adjourned to 9 O'clock Tomorrow morning.
THURSDAY November 8th, 1804. 9 O'clock A. M.
The Council met pursuant to adjournment.
The Following Resolution was laid on the Table-In Council Navr. 8. 1804, Resolved, the House of Representatives concurring therein. that the Treasurer be and he hereby is authorized and directed to deliver the Several Warrants for the State Tax granted this Session to the Mem-
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Governor and Council-November 1804.
bers from the respective Towns-which was read, adopted, and Ordered, That the Secretary carry it to the House and request their concurrence.
The Officer of the House delivered this Resolution in Council: "In General Assembly Nov. 7, 1804, Resolved, the Governor and Council concurring therein, that Both Houses meet in joint Committee in the Representatives' Room, at the opening of the House Tomorrow after- noon, for the purpose of Electing a Surveyor General, [and] Comptrol- ler or Auditor of accounts against this State, for the year ensuing," with this order thereon: "Introduced by Mr. B. Clapp, Read and passed in Gen1. Assembly Nov. 7, 1804. Attest M. Post Clk "-which Resolu- tion was read and Resolved, To concur with the House in the same.
The Committee on the Bill Entitled "An act to repeal the act therein mentioned." reported that it ought to pass, which report was accepted, but the Bill on motion was amended as follows-by adding this Provis- ional Clause to the Bill, " Provided nevertheless that nothing in this act shall be construed to affect any division of said Town into severalty by the Proprietors and Landowners thereof made or ratified under the act hereby repealed "-and then it was Resolved, To concur with the House in passing the said Bill into a Law as amended, and Mr. Galusha re- quested to inform the House of the Reasons of Council in proposing that Amendment.
An Engrossed Bill, passed in the House of Representatives, Entitled "An act in addition to an act Entitled An act regulating and governing the Militia," was sent up to the Governor and Council for their Revision &c. read and on Motion Ordered, That it lie on the Table.
The Committee on the Bill Entitled "An act in addition to an Act for the Probate of Wills and the Settlement of Testate and Intestate Es- tates," reported that it ought to [be] amended by adding after the word "Deeds," in the Second Page and Third line from the Top, the words "of such real Estate," which report was not accepted and on motion it was 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 Arming the Exempts of the Militia," was sent up to the Governor and Council for their Revision &c. read & Resolved, That it be referred to Gov. Brigham, Messs. Shepardson & Witherell.
Mr. Niles on motion introduced the following Bill, "An act in addition to an act relating to Goals and Goalers, and for the relief of Persons Imprisoned therein," which was read and on Motion Resolved, That the Governor and Council will make no order thereon.
The Committee on the Bill Entitled "An act directing the Treasurer to pay the Executors of Calvin Knoulton Esgr. deceased the sum therein mentioned," reported that it ought to pass without amendment, where- upon it was Resolved, To concur with the House in passing the said Bill into a Law.
Mr. Niles asked and had leave to introduce a Bill Entitled "An act directing the Treasurer of this State to suspend Prosecution against Josiah Edson Esquire, late Sheriff of Orange County," which was read and on motion Resolved, That it be referred to Messs. Loomis, Niles and Chittenden.
The Committee on the Bill Entitled "An act granting the exclusive right of Ferriage and Freightage to Captn. Gideon King from Burlington Bay in the State of Vermont to Chesterfield in the State of New York for the term of fifteen years," reported the following amendments: Erase the word "freightage" in the Second line from the top and in the second and fifth lines from the bottom of the Bill, and add the following to the Bill, "Provided, and it is hereby further enacted, That if the said Gid- eon, his Heirs or Assigns, shall at any time for the space of Twenty
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Governor and Council-November 1804.
days after the Selectmen of Burlington have approved of the Boat or Boats for ferrying as aforesaid and shall have regulated the rate of ferri- age according to the directions of this act, be unprovided with such Boat or Boats, or shall not have provided suitable Landing places, or shall neglect to post up at each landing place a Board or Sign contain- ing the Rates of Ferriage, he or they so neglecting shall forfeit the grant of the Ferry aforesaid. And if the said Gideon, his Heirs or Assigns, shall unreasonably delay any person, Team or Carriage from Crossing, (the weather being favorable,) or shall take or receive greater or other fees for ferriage as aforesaid than are allowed as aforesaid, and be thereof convicted before any court proper to try the same, he or they so offending shall forfeit and pay to the person or persons injured all reasonable Damages and full Costs of Prosecution,"-which amendment was adopted and Resolved, To concur with the House in passing the said Bill into a Law as amended, and Mr. White requested to inform the House of the reasons which governed Council in proposing those amendments.
Adjourned to 2 O'clock P. M.
2 O'CLOCK P. M .- An Engrossed Bill, passed in the House of Rep- resentatives, Entitled "An act for the releif of Joseph Conner," was sent up to the Governor and Council for their Revision &c. read and on motion Resolved, To concur with the House in passing the said Bill into a Law.
The Committee on the Bill Entitled "An act in addition to an Act Entitled an act respecting Landed property and the mode of proceeding therein" &c. reported that upon an examination there appeared no ne- cessity of extending the provisions of the said act beyond the time limited. and that the Bill before Council ought not to pass, whereupon it was Resolved, To nonconcur with the House in passing said Bill into a Law for the following Reasons, viz. 1st. That the act which this is to continue in force for a longer time than the Tenth Section of said Act pro- vided for, was passed by the Legislature under the pressing urgency of Pe- titions from a great number of Inhabitants, complaining of serious evils that then existed, which evils do not appear to the Council now to exist. 2nd. That the Council conceive it to be against the good policy of this State to pass Laws which might in the least degree savor of an encour- agement to Persons to take possession of Lands without thoroughly examining the Titles under which they are to hold, which means of inquiry have now become much more familiar and certain than in years past.
The Committee on the Bill Entitled "An act directing the Treasurer to pay Elias Stevens the Sum therein mentioned," reported the follow- ing amendment to be added to the Bill: "Provided that the said Elias Stevens shall execute to the Treasurer of this State a Bond in the penal Sum of fifty Dollars, conditioned That if the aforesaid Certificate shall hereafter be presented and paid by the Treasurer, the said Elias shall repay the same to the Treasurer on Demand with Interest "-which Re- port was accepted and on motion Resolved, To concur with the House in passing the said Bill into a Law as amended.
An Engrossed Bill, passed in the House of Representatives. Entitled "An act incorporating certain persons therein mentioned by the name of the Rutland and Stockbridge Turnpike Company," was sent up to the Governor and Council for their Revision &c. read and on motion Re- solved, That it be Referred to Messs. Wheelock and Galusha.
An Engrossed Bill, passed in the House of Representatives, Entitled "An act incorporating and establishing an Academy in Rutland in the
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Governor and Council-November 1804.
County of Rutland and State of Vermont," was sent up to the Governor and Council for Revision &e. and being read it was motioned that it be recommended to the House of Representatives to lay this Bill over to the next Session of the Legislature, which motion was negatived, and it was Resolved, That it be referred to Mr. Niles for amendment.
The following Resolution was received from the House-"Resolved, the Governor and Council concurring therein, that the Governor and Council meet the House in the Representatives' Room tomorrow morn- ing at 10 O'clock in order to adjourn the Legislature without day. In General Assembly Nov. 8, 1804, Read and adopted. Attest M. Post Clk."-which was read and Ordered to lie on the Table.
An Engrossed Bill, passed in the House of Representatives, Entitled "An act regulating the packing and sale of Lime," was sent up to the Governor and Council for their Revision &c. read and Resolved, That it be referred to Mr. Wheelock.
The Committee to whom was referred the Bill Entitled "An act di- recting the Treasurer of this State to suspend Prosecution against Jo- siah Edson Esquire, late Sheriff of Orange County. for the Term of one year," reported sundry amendments, which were adopted & Resolved, That the said Bill do pass and that it be engrossed and sent to the House for their Concurrence &c.
An Engrossed Bill, passed in the House of Representatives, Entitled "An act directing the Treasurer to credit the First Constable of the Town of Williamstown the sum therein mentioned," was sent up to the Governor and Council for their Revision &c read and on motion Re- solved, To concur with the House in passing the said Bill into a Law.
The Committee on the Methodist Resolution reported a new amend- ment to the Bill, when on motion it was Resolved, That it be laid over to the next Session of the Legislature.
An Engrossed Bill, passed in the House of Representatives, Entitled "An act in addition to an act Entitled an act in addition to an act En- titled an act directing the publication of Advertisements in the News- papers therein mentioned, passed Nov. 5th, 1799," was sent up to the Governor and Council for their Revision &e. and being read it was Resolved, That it be referred to Mr. Galusha.
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