The Vermont lease lands, Part 45

Author: Bogart, Walter Thompson
Publication date: 1950
Publisher: Montpelier, Vermont Historical Society
Number of Pages: 478


USA > Vermont > The Vermont lease lands > Part 45


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46


448


VERMONT LEASE LANDS


62, 64, 65, 67, 70, 74, 95, 176 n. 324, 185 n. 26, 208, 216, 220, 233, 287 n. 77, 299, 304, 319 n. 11, 361, 406, 407, phases of, 32-36, validated, 156; New York, 14, 14 n. 28, 15, 29-30, 33, 34, 44, 45, 61 n. 5, 64-65, 67, 71, 157, confirmations, 14, 61, phases of, 37-43; Vermont, 14, 14 n. 28, 15, 50-51, 53, 67, 68, 70-71, 72, re-grants, 50; Massachusetts, 15, 23, 26, 29, 29 n. 21, 38; to Duke of York in 1664, 24, 37; Connecticut, 26; Equivalent lands, 26, 28-29; French seigneuries, 26, 26 n. 14, 31 n. 24; major oper- ations respecting, 26-27; of Lydius, 30-31, 43-44; conflicting, 61, 61 n. 5; redesignations, 61; re-grants, 61; office of University of Vermont, 86-87; speculation, see Speculation. See also Boundary lines; Order in council


Lease lands, 3, 65, 71, 72, 73, 74, 75, 76; information on, lack of, vii, 7-9, 21, in state offices, 5, in town offices, 5, 6, by Commissioner of Taxes, 313, by State Forester, 313; terminological problems of, vii, 10, 11, 11 n. 12, 12, 321, 322 n. 15; origin of, 1, 2; pur- pose of, 1, 18-19, 18 n. 39, 315; classi- fication of, 1; in Wentworth towns, 2, 60-61; in Vermont towns, 2; ex- tent (acreage) of, 12, 17-18, 17 n. 37, 18 n. 38, 70 ; as political institution, 56; legislation on, 56, 363-396; fed- eral government in relation to, 58; as affected by early absentee owner- ship, 62-63 ; disposal of by legislature, 121; inalienability of, 123, 135; power over of legislature, 127; in relation to doctrine of presumptions, 131, 163; no longer public lands after con- veyance under 1935 legislation, 134; in relation to adverse possession, 151-152, 157-163, 326; in relation to statutes of limitations, 162, 200, 228-231; in relation to problems of public policy. 166, 172; affected by rule of acquies- cence, 171; effect on of proprietors' doings, 172; in relation to power of eminent domain, 172-173, 235; taking of, for state forest, 176, for Green Mountain National Forest, 176-177; subject to taking under police power, 177; prominent in actions of eject- ment, 179 ; fertile source of litigation, 180; as legislative grants, 185; legis- lature unable to handle problems of


arising from changes in town lines, 186; held to be non-governmental town property, 186, 189; as vested right, 189, 198; as affected by Ver- mont law of assessment of taxes, 195; as land devoted to public, pious and charitable use, 199, 201; taxation of, as problem of public policy, 206 n. 117, possibility of, 209, local, 323; New Hampshire doctrine of reviewed by United States court, 219; transfer of in glebe confiscation, 219-220; exempted by legislature from allot- ment of land for highways, 232-233; relation of legislation to judicial doc- trines in respect to rigidity of system of, 257-258; income from, difficulty of determining, 266, by University of Vermont not ascertained, 271, in re- lation to sources of for grammar schools, 291-292, for towns, 301; re- port on, of SPG lots in 1823, 279, to legislatures of 1878 and 1882, 292-293, by State Superintendent of Education in 1880, 293 n. 96, in 1875, 301; re- view of town reports for 1946 re- garding, 297-300; significance for of poor condition of town reports, 298; causes of litigation of town adminis- tered lots, 302-303 ; relation of legis- lative efforts to administrative re- sults for, 309-310; system in Vermont as affected by locally accepted prac- tices and doctrines, 315; New Hamp- shire and Vermont results with public lands contrasted, 315; system of characterized by inflexibility, 315; system of, embodies serious defects, 315, now considered disadvantageous for public, 316, never well handled in case of forest lands, 317, resulted in inequities, 318-319, still a public problem despite legislation of 1937, 321; variants in reservation of in town charters, 361-362; reservations of in regard to gores, 362; summary statement about, 405-406


Administration of, 1, 19, 58; lack of interest, of trustees in, 76-78, of state government in, 78; by town officers, 78-80; by private agencies, 80-85; by University of Vermont, 87 n. 49, 266-274; effect on of character of Vermonters, 92-97; not effectively supervised, 184-185; noticed by court, 198; by state, 227 ; degrees of centralization of, 265;


449


INDEX


condition of administrative records epitomizing, 265; `SPG land, 266; by towns, 295-303, several classes of, 295, evaluation of, 299, 303; re- lation to of town clerks, 295, 296; relation to of town treasurers, 295; in relation to judicial activities, 309-313; general evaluation of, 309-313; relation of state admin- istration to, 310-313; effect on of method of dividing towns into severalty, 320; effect on of cus- toms of conveyancing, 320


Losses of, 18, 63-64, 70, 90-91, 93, 118, 125, 127, 167, 299 n. 107; by presumption, 151-152, 165; by ad- verse possession, 158, 161-162; by eminent domain, 172; possibility of, 238; assumed respecting some Gospel rights, 259; by University of Vermont, 271 n. 16, 272, 274; by SPG, 275-276


"Trusts, characteristics as, 121, 121 n. 97, 132, 151; court's ruling on, 196; public, 196; inflexible, 197; with municipal corporation as trustee, 197, 198


Conveyance of, 123, 126; subject to lessee's rights, 124; under legis- lation of 1935 and 1937, 131, 227 n. 3; in fee authorized by 1935 legis- lation, 132; permitted, 151-152; not acceptable to court, 165; cannot disturb lessee, 184; by University of Vermont, 272, authorized, by legis- lation of 1925, 227, by legislation of 1935, 243-244; of SPG land by commuted rent, 275, 283; always permitted for first settled minister land, '303-304 ; no incentive for under 1937 legislation, 321; in re- lation to eminent domain proceed- ings, 322


Tax exemption of, 125, 134; only one case on in Vermont Supreme Court, 182-183; court cases in which touched upon, 204; important, 204; as affecting improvements on, 205; purpose of, 209; by abatement, 239 n. 35; consistent in legislative record, 240-241; perpetual by legis- lative grant, 253; legislation on, 262 n. 137, legislative query about in 1945 session, 321


Leases, durable, see Durable leases


Legislation, 56, 363-396; betterments acts, 69 n. 21, 73 n. 30, 231-232, 365 ;


to prevent land speculation, 145-146 ; protecting lease lands from adverse possession, 158, 161-162, 229; respect- ing Green Mountain National Forest, 176 n. 323; on action of ejectment, 179, 235, 368; to redistribute lease lands, voided, 184; judicial construc- tion of, 186; on taxes, attitude of court toward, 187; town line changes, 187-188, 225, 235-236, 368- 375; on distribution of religious lease land avails, 190-191; on assessment of taxes against owner or possessor, history of, 195, as affecting lease lands, 195; regarding charitable uses, explained, 202-203 ; character of early, respecting bill drafting, 207; listers' laws, character of, 208; on glebes, 218, 260-262, 263, 395, 1805 con- fiscation of, 219, 245; titles to acts not dependable, 225; indices of not dependable, 225; on county lines, 225, 236, 375; on leases, no generalization possible, 226; relation of to durable leases, 226; on conflicting land claims resulting from New Hampshire-New York controversy, 228; on easements, 232-233, 365; exempting lease lands from allotment for highways, 232-233 ; regarding proprietors' doings, 233- 234, 365-368; validating early defects in affairs of organized towns, 234; intervening to protect public rights, 234; validating illegal transactions, 234; on land problems, nature of early, 234; on eminent domain, as affecting lease lands, 234, 235, 368; on gores (unorganized areas), 236- 237, 375-376, for education of children living in, 256-257, for administration of lease lands in, 256-257; on duties of selectmen, 237; on town officers, 237-238, 376-378; on duties of town clerks, 237-238; on county officers, 238; on city officers, 238; on schools, 238, 254-258; on tax collecting, 238; on taxes, early, relation of to lease lands, 238; on state taxes, 238-240, 378-380; special, 240; on Dartmouth College, 243; on Middlebury College, 243; on Norwich University, 243; on college right lands, 243-245; for general establishment of public high schools, 253-254; on duties of county treasurer regarding lease lands, 257 n. 110, 260; relation of judicial doc- trines to, regarding rigidity of lease land system, 257-258; on town school right lands, 260, 393-394, regarding


450


VERMONT LEASE LANDS


distribution of avails from, 238, 257- 258; on legal recognition of voluntary religious associations, 259; on in- corporation of church groups, 260; early changes in, of questionable valid- ity, 263; on adoption of common law, 364; on New Hampshire-New York controversy, 364; on county taxes, 380-382. See also Legisalture Conveyancing, regarding, 226-228,


363; effect of on administration of lease lands, 87-90; court's attitude toward, 101 n. 3; 1935 acts on lease lands, 123, 131-133, 227, 227 n. 3, 322 n. 19, effect of on public status of lease lands, 134, validated by court, 184; 1937 act on lease lands, 124 n. 104, 131, 227, 227 n. 3, 322 n. 19, regarding eminent domain proceed- ings, 172, not widely useful, 184, 321, in relation to law of trusts, 196, in relation to taxation, 326; act of 1807, 163; act prohibiting, of en- cumbered property, 226-227 ; act of 1925 authorizing University of Ver- mont to convey lease lands, 227 ; act authorizing sale of Dartmouth Col- lege holdings in Town of Wheelock, 227


Statutes of limitations, regarding, 228- 231, 364-365; policy of, 226, first 229, review of, 229, exemption of lease lands from, 230; final act in 1854 as affecting lease lands, 231


Tax exemption, regarding, 240-243, 262 n. 137, 382-384; of lease lands in listers' laws, 205, 207; perpetual, 206-207, 253; early, 207-208; course of policy on, 212-213, 226; of lease lands by abatement, 239 n. 35; trend away from, 242; query about in 1945 session of legislature, 321


University of Vermont, affecting, 243- 245, 384-385; 1925 and 1935 acts authorizing sale by of lease lands, 243-244; making change in organ- ization of, 244; act of 1937 in rela- tion to, 244


SPG right, regarding, 245-246, 261, 385; on confiscation of, 221, 245; subjecting to adverse possession and statutes of limitations, 245; regu- larizing property-holding status of Episcopal diocese, 246


Grammar schools, regarding, 246-254, 386-393; in Orange County, 248; granting land to use of common school, 253; providing for modern-


ized scheme of administration of lands, 254; providing that lands shall go to benefit of high schools when grammar schools are discon- tinued, 289


Gospel right, regarding, 258-260, 394- 395; on settlement of minister, 258; early, a quasi-public town function, 258-259; first, 259; assumed some land lost, 259; on distribution of avails from, 259; limiting entitle- ment to portion of avails, 259-260; defining eligible religious society, 259-260 ; on administration of in un- organized areas, 260


First settled minister lands, regarding, 260, 262-263, 395-396; on admini- stration of in unorganized areas, 162; distinctive' provisions of, 262; allowing fee to go to minister, 262; on tax exemption of, 262; limiting term of leases, 262; relationship of to legislation on Gospel right, 262


Legislative, record regarding grammar schools in Orleans County reviewed, 248-252; efforts as affecting adminis- trative results, 309-310


Legislature, effect on of court's attitude regarding obligation of contract, 181- 187; as founder of lease lands trusts, 185, 187; attitude' of court toward, 185-187; unable to cope with lease land problems arising from town line changes, 186; restricted by court rul- ings, 198; primarily responsible for tax exemption of lease lands, 204; method of treatment of individual situ- ations, 226; conditions of turmoil of in early days, 230; interest of in lease lands shown in act of 1811, 231; un- certainty of regarding land problems, 232; consistency of in allowing tax exemption for lease lands, 240-241; confusion of regarding intent of town charters as to use' of grammar school lands, 286; methods of regarding grants of grammar school lands, 287; attitude of regarding nomenclature of private schools, 291 n. 90


Power of, 134; regarding disposal of lease lands, 121, 127; as founder of trusts, 132-133, 287; over munici- pal corporations, 150-151; regard- ing presumptions, 152; lack of over land grants once made, 181 ; regard- ing taxation, 206, 210-211, as to retrospective provisions, 210, 211- 212, as to exemptions and classifica- tion of property, 210-211, as to forms


451


INDEX


of tax, 211, as to taxing property of state and subdivisions, 211, as to distinction between governmental and proprietary property of munici- palities, 211; over grammar school lands, 285-286


Actions of, in adoption of common law, 139; regarding land titles, 158; in authorizing use of eminent do- main power on land devoted to public use, 173; regarding easement on lease land, 175 n. 320; to de- distribute avails of lease lands, 181 ; limited by court in affecting lease lands, 186; regarding tax exemp- tion, 208; in confiscation of glebe, 216; in granting SPG rights to towns, 220; in first disposition of grammar school lands, 285; for administration of first settled minis- ter land, 304


Faults of, in lack of policy, 226, as to betterments acts, 232, as to tax exemption generally, 242, as to dis- posal of grammar school lots, 247; regarding lease lands, 263; in failure to provide sound system of admin- istration for lease lands and trusts, 263; influence of on inadequate ad- ministration of lease lands, 319; notice of by court, 319 n. 12


Reports to, in 1804 by University of Vermont, 268, 270, 270 n. 13, 271; in 1878 on lease lands income, 292- 293, 301, 327 ; in 1882 on lease lands income, 292-293, 301, 327


Lemington v. Stevens, 110, 192 Listers, 60, 78, 79, 79 n. 40, 80 n. 41, 189, 193-195, 273, 274 n. 22


Laws, 237; nature of, 208, 239 ; provi- sion in for tax exemption of lease lands, 205, 207, 239-240


Local officers, see Town officers


Losses, of lease lands, 63-64, 70, 90-91, 93, 118, 125, 167, 299 n. 107; of col- lege right, 127, 165-166; by presump- tion, 151-152, 165; by adverse posses- sion, 158, 161-162; by eminent domain, 172; possibility of, 238; of some Gos- pel right lands assumed, 259; by Uni- versity of Vermont, 271 n. 16, 272, 274 ; of SPG land, 274-275 Lord v. Bigelow, 147


Lumbering, see Forest, lands


Lydius, Col. John Henry, 27, 30-31, 43- 44


McCarty, Virgil L., 14


MacFarland, H. M., 266, 267 n. 5, 268, 269-270, 269 n. 9, 271, 271 n. 14, 274, 317, 318, 318 n. 10, 401 n. 1 McNamara, Joseph A., 176-177 Maidstone v. Stevens, 108, 111 n. 57 Marvin v. Dennison, et al., 179


Massachusetts, land grants, 15, 23, 26, 29, 29 n. 21, 38; boundary, with New Hampshire, 22, 23, 24, 24 n. 9, 25, 33; with New York, 25


Middlebury College, legislation regard- ing, 243


Middlebury College v. Central Power Corp. of Vermont, 174, 199


Minister, first settled, settlement of, 152- 153, 258, 307, 308-309. See also First settled minister


Ministerial right, see Gospel right (1854, Montpelier v. East Montpelier


1856), 149-151, 155, 183, 189 n. 40, 197, 198, 200, 257 n. 111


Morgan v. Brighton, 189 n. 40


Morgan v. Cree, 75 n. 34, 209-210, 323 Moulton, Judge Sherman R., 100 n. 2, 105, 111 n. 59, 122 n. 98, 124, 126, 129, 131, 137 n. 162, 138, 145, 198, 219, 258, 324, 326, 328; dissenting opinion by in University of Vermont v. Ward, critique of, 397-399


Municipal corporations, as trustees, of lease lands, 132, 152, 197, of property for religious purposes, 140, 198, of property for other than corporate use, 183; power of legislature over, 150- 151; ability to hold fee of public lands questionable, 199-200; no distinction in taxability of governmental and pro- prietary property of, 211; early func- tion of regarding Gospel lands, 258- 259. See also Town; Towns


Myrick, Rawson C., Secretary of State, 5, 78 n. 37


Neill v. Ward, 69 n. 21, 170


New Hampshire, land grants, 10, 11 n. 12, 13-14, 14 n. 26, 29, 29 n. 20, n. 21, 31, 33, 33 n. 28, 34, 35, 35 n. 34, 36, 38, 41-42, 44, 44 n. 60, 45, 60-61, 62, 64, 65, 67, 70, 74, 95, 176 n. 324, 185 n. 26, 208, 216, 220, 233, 287 n. 77, 299, 304, 319 n. 11, 361, 406, 407, phases of, 32-36, validated, 156; bound- ary, with Massachusetts, 22, 23, 24, 24 n. 9, 25, 33, with New York, 25, 33, 36, with Vermont, 5 n. 6, 21; doctrine on lease lands, 135-138, contrasted with Vermont, 126, reviewed by United States court, 219; controversy with New York, court's attitude to-


452


VERMONT LEASE LANDS


ward, 155-157, ruling on by United States court, 217, attitude of Ver- mont legislature toward, 228, legisla- tion on, 364; regarding treatment of first settled minister right, 219; re- garding treatment of town school right, 219


New York, land grants, 14, 14 n. 28, 15, 29-30, 33, 34, 44, 45, 61 n. 5, 64-65, 67, 71, 157, colonial phases of, 37-43, confirmations, 61; boundary, with Connecticut, 25, with Connecticut and Massachusetts, 25, 33, with Massa- chusetts, 25, with New Hampshire, 25, 33, 36, with Vermont, agreement on, 45, 53; controversy with New Hampshire, court's attitude toward, 155-157, ruling on by United States court, 217, attitude of Vermont legis- lature toward, 228, legislation on, 364 Noble, Ralph E., Commissioner of Edu- cation, 302 n. 119 - North Troy School District v. Troy, 197 Norwich University, legislation on, 243 Nye, Mrs. Mary G., 85


Obligation of contract, impairment of, 108, 109, 111, 113-114, 125, 180-195, 325; affecting tax exemption privilege, 181, 187 ; regarding town line changes, 181; as related to conditions annexed to grant, 183; attitude of Vermont court toward, not exceptional, 185- 186; attitude of court respecting func- tions of local officers, 189-195; re- garding taxation, 205-206


O'Brien v. Holden, 196, 197


Orange County Grammar School, 85; legislation on, 227, 248; records of exemplifying administrative conditions of grammar school lands, 288-289 Orange County Grammar School V. Dodge, 111 n. 55


Orange County Grammar School V. Parker, 109, 183


Orange v. Barre, 195


Order in Council, British, 1740, 22-23, 25; 1764, 21, 22, 36, 39, 40, 156, 157; 1767, 157. See also Boundary lines


Orleans County grammar schools, legis- lative record on reviewed, 248-252 Orr v. Hodgson, 221


Paine v. Smead, 156


Paine v. Webster, 105 n. 12, 106


Parker, Alban J., Attorney General, 322, 323, 325


Pawlet, Town of v. Daniel Clark, et al.


77 n. 36, 138, 216-220, 260 n. 130, 261, 263 n. 140


Perkins, Admr. v. Blood, 162, 167 Perpetual leases, see Durable leases


Piper v. Meredith, 138, 324, 326, 398 Police power, 177 Policy, see Public, policy


Pomeroy v. Mills, 200


Population, changes in, 54-56, 54 n. 87, 101 n. 5


Poultney v. Wells, 127, 181, 183 Powers, Judge George M., 103 n. 8


Powers and Peck, Admr. for Judevine v. Caledonia County Grammar School, 113, 115, 117-118, 119 n. 90, 121 n. 97, 128, 168, 196, 198, 203, 273, 275


Pownal v. Myers, 128-129, 131, 132 n. 147, 137 n. 162, 147 n. 206, 197 Prescription, titles by, 163-170; claim of not available in face of durable ' lease, 168. See also Presumptions


Presumptions, of adverse grants, loss of lease lands by, 127, 151-152, 165; of acquiescence, 131, 169-170, as involv- ing modification of trust, 129; of for- feiture of lease lands, not acceptable to court, 131 ; power of legislature re- garding, 152; doctrine of respecting lease lands, 163; distinguished, 164; basis of explained, 164-165. See also Prescription


Princetown patent, 41, 45


Private agencies, administration of lease lands by, 80-85


Proprietors, town, 3, 30-31, 42 n. 52, 45, 46, 62-63, 65-66, 66 n. 14, 67, 71, 71 n. 28, 73, 171-172; legislation on, 233-234, 365-368


Public, charitable use, characteristics de- fined, 201; lands (rights, shares), 65, 71, 72, 73, 74, 75, 76, 80, lease lands no longer so after sale under 1935 and 1937 legislation, 134, ability of munici- palities to hold fee of questionable, 199-200; use, 155 n. 239, 199-203, meaning of term, 174, superior na- tional, 176, term distinguished, 199, in relation to easement, 200, distinguished from public charity, 200, distinguished from public charitable use, 201, in re- gard to taxation, 201, defined, 202; policy, problems of regarding lease lands, 166, 172, regarding taxation of lease lands, 206 n. 117, 209. See also Lease lands


Public, pious and charitable use, 1, 11, 60, 73 n. 30, 135, 199, 201, 212-213. See also Court


453


INDEX


Putnam, Herbert E., 54 n. 88


Quadrennial Abstract of Assessments, 5, 60, 60 n. 3 Quadrennial assessment, 79


Queen City Park Association v. Gale, 125


Quinn v. Valiquette, 143


Readsboro v. Woodford, 157


Records, of State Treasurer, 85; of court, early, 101-103, inadequacy of, 106; administrative, epitomizing con- dition of administration of lease lands, 265; of Addison County Grammar School, 266 n. 3; of University of Vermont, 267, 268, 269; of town clerks, 272; of SPG, 277-278, 317; of grammar school lands, 288-289; of town lands, 295-296


Religious, avails, distribution of by se- lectmen, 190-192, 309, limitations on, 190-191, in relation to determination of church membership, 191, in rela- tion to problem of legal definition of religious group, 307, 308-309. See also Church lands; First settled min- ister lands; Gospel lands; Municipal corporations


Rickard v. Dana, 112, 118 n. 85


Ripton v. Brandon, 194-195


Rood v. Willard, 283-284


Rosenberg v. Taft, 118


Rutland R. R. v. Central Vermont R. R., 210


Rutland Ry., Light and Power Co. v. Clarendon Power Co., 202


St. Albans Hospital v. Town of Enos- burg, 212


Sanborn v. Village of Enosburg Falls, 174


Sargent v. Clark, 188 n. 36, 198 Sawyer v. Newland, 159, 160, 171


Schneyder, Hendrick, patent, 33, 35 n. 34, 39, 41


Schools, districts as units of govern- ment in Vermont, 58 n. 96; legislation on, 238; types of organization, 256, 302; local influence on, 301-302. See also Town schools


Secretary of State, 5, 52, 52 n. 85, 78, 268, 269


Seigneuries, French, 26, 26 n. 14, 31 n. 24


Selectmen, 77, 78, 79-80, 90, 94, 108, 125, 127, 189, 227, 231, 245, 251, 251 n. 87, 257, 261, 262, 284, 287 n. 76, 297, 299 n. 106, 300, 304; authority of to


make leases, 110-111, 121, 183, 192- 193; in relation to distribution of religious avails, 190-192, 303, 309; as agents of town for conveying lease' lands under 1935 legislation, 193; duties of respecting taxation, 205; responsibility of regarding glebe, 216, 218; duty of respecting confiscation of SPG right, 220; legislation on, 237; duty of respecting disposition of income from grammar school land, 252; duties of in administration in Gospel right, 259


Selectmen of Manchester v. Daniel Barber, 261 n. 134, 302 n. 120


Selectmen of Rockingham v. Hunt, 106 Seminary right, see College lands; University of Vermont


Sequestered lands, not tax exempt, 60 Settlement of minister, 152-153


Sheldon v. Goodsel, 308


Sheldon, Town of v. House Association, 214-215


Sheldon Poor


Shurtleff, Harry C., 88


Slade, William, Jr., 13, 52


Smith v. Blaisdell, 108


Social worship of God, right of, see Gospel right


Socialborough patent, 41


Society for the Propagation of the Gospel in Foreign Parts, see SPG


Society for the Propagation of the Gospel v. New Haven and Wheeler, 77 n. 36, 121 n. 95, 216, 220-221, 222, 232 n. 18, 260 n. 130, 278, 279, 284


Society for the Propagation of the Gospel v. Pawlet and Ozias Clarke, 77 n. 36, 216, 221-222, 229 n. 10, n. 12, 230 n. 13, 246, 283, 284


Society for the Propagation of the Gospel v. Sharon, 109, 121 n. 97, 125 n. 113, 158 n. 251, 161-162, 197 n. 78, 275, 284, 397-398; only Vermont court case bearing directly on legal status of SPG right, 283


Sowles v. Minot, 171


Sowma v. Parker, 177


Speculation, land, 3, 18, 24, 27-28, 30-31, 32, 32 n. 26, 34, 35, 36, 40, 43, 44, 50, 63, 64-66, 66 n. 13, n. 14, 72, 73 ; legis- lation to prevent, 145-146.


SPG lands, 2, 2 n. 1, 12, 13, 63, 77, 78, 83 n. 45, 84, 91 n. 55, 176-177, 216, 229 n. 12, 232 n. 18, 240 n. 38, 260-261, 266, 273 n. 20, 318, 405, 406; in re- lation to durable leases, 109, 120-121; question of conveyance of fee in, 121 n. 97; forest land, 121 n. 97, 283;


454


VERMONT LEASE LANDS


taking of for Green Mountain Na- tional Forest, 176-177; actions of ejectment to secure, 180; legislation on, 245-246, 261, 385; losses of, 274- 275; estimate of annual income from, 275; disposition of income from, 275- 276, always to benefit of Episcopal Church in Vermont, 277 ; conveyance of by commuted rent, 275, 283; confu- sion of due to early practices, 277 ; ul- timate control of in London until 1927, 277; transferred to Vermont Diocese in 1927, 277; early system of powers of attorney described, 278; early ef- forts of Vermont Episcopalians to secure, 278; long early period of in- action, 279; report on in 1823, 279; difficulties about with county agents, 280; state agent for, 281; efforts to centralize data on, 282; records on, 317. See also Diocese; Glebe


Confiscation of, 19, 56, 120-121, 121 n. 95, 220, 245; invalidated by United States Supreme Court, 221 Administration of, 80-81, 274-284; not effective in early days, 275; effects on of technique of, 275; evaluation of, 277; early system of prescribed by Society in London, 277; failure of Diocese to improve after 1927, 277; early developments in re- corded, 277-278 ; description of system of, 280-282; modifications in system of since 1927, 281




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