USA > Vermont > Vermont state papers; being a collection of records and documents, connected with the assumption and establishment of government by the people of Vermont; together with the first constitution, and the laws from the year 1779 to 1786, etc > Part 35
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And the said inhabitants, being so warned, shall give in to the listers, in writing, a true account of all their listable poles, and all their rateable estate, being their property, or belonging to them on the twentiethi of June following, at or before the tenth day of July following; particularly mentioning therein all such things as are, in this act hereafter expressly valued, signed with their names, or marks ; which accounts the said list- ers shall accept, adding thereto, according to their best Judgment, a value for all things hereafter mentioned in this act to be listed, that are not par- ticularly valued, and make the whole into one general list.
And that every person or persons, having any lands or real estate proper to be rated, in any other town than where such person dwells, shall give in to the listers of such towns where such estate doth lie, a true list thereof, in manner as before mentioned, without any warning given by the listers of the town where such estate is liable to be rated as aforesaid,-or be liable to be fourfolded.
That the listers shall return the sum total of the list unto the General Assembly, in October annually, with a certificate from the assistant, jus- tice, or town clerk, before whom the said listers were sworn, that they were sworn to the faithful discharge of their office, some time before the first day of May preceding.
And every lister who shall neglect carrying, or sending, by one of the representatives to the General Assembly, the sum total, and certificate as
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aforesaid, shall forfeit and pay to the Treasurer of this State, the sum of ten pounds.
That if no sum total be returned from any town, or there be no such? certificate, such town shall be doomed by, and at the discretion of the Assembly.
That the listers, after the 10th of August annually, shall, and they are hereby required. carefully to inspect the said list, until the twenty-fifth of the succeeding September, and to add four-fold for all the polls and rate- able estate they shall find left out of the list by any person or persons, the property whereof did belong to such person or persons on the twentieth of June preceding ; and if any doubt shall arise thereon, said estate shall be adjudged or reputed the property of the person assessed for the same, unless he can shew it to have been the property of some other person ou the said twentieth of June; and also add to said lists four-fold for the whole rateable estate and polls of all such persons as have given in no lists, as a penalty on said persons for their neglect ; who shall pay rates for the same, according to their four-fold assessments.
And one half of all sums arising upon such additions, shall, by the constables, or collectors of rates, be paid to said listers, as a reward for their trouble ; and the other half shall be for the use for which such rates are made.
And the said listers shall add the sum total of such additions and four-folds, to the sum total before mentioned, and transmit the same to the Assembly, with such additions, on pain of paying the before men- tioned penalty.
That the said listers shall, annually, some time in the month of Octo- ber, deliver the lists of the polls and rateable estate of the inhabitants of their town, by them made, to the clerk of the town, taking his receipt for the same, upon penalty of paying five pounds, each lister so neglect- ing, to the treasurer of the town ; to be recovered by bill, plaint, or in- formation.
That when, and so often as any person or persons are over charged in their lists, it shall be the duty of the listers to grant relief, in such cases only, where the estate shall appear not to have belonged to the person on the 20th of June preceding; or that it was not left out by him through his neglect or wilfulness, but from sufficient grounds to think it was lost ; and that so soon as he was sensible of his duty therein, he did offer his said estate (bona fide) to be entered in the public list, by said lister or listers. And in case the listers do refuse to grant such relief, upon ap- plication of the aggrieved party, an assistant, or justice of the peace, with two of the select-men of the town, may consider the case, and grant such relief as they shall judge just, and agreeable to this act; first noti- fying two or more of the listers to attend, and shew cause (if any they have) why such relief should not be granted.
That if any of the listers in the respective towns, do neglect, within the time ordered by law, to demand of any person or persons within their precinct, their list as aforesaid; in every such case, such listers art hereby required, at any time before the 20th of September next follow . ing, to demand such lists of every person so neglected.
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And if any person, of whom such lists is demanded as aforesaid, shall neglect to bring in a true list of his estate, unto the lister so demanding the same, within five days after the demand, that then such lister shall make up a list for the person so neglecting, according to the best of his judgment, and return the same to the General Assembly ; and all persons shall be accordingly assessed, in the several rates to be made on such lists.
Be it enacted, by the authority aforesaid, that all male persons in the several towns in this State, from sixteen years old to sixty, (ministers of the gospel, the president and tutors of the college, annual school-masters, and students of the college, until the expiration of the time for their taking then second degree, excepted) shall be set in the list, each person at six pounds.
And all rateable estate shall be set in the list as follows, viz :
Every ox or steer, of four years old and upwards, at four pounds each.
Each steer or heifer, of three years old, and each cow, three pounds.
Each steer or heifer, of two years old, two pounds.
Each steer and heifer, of one year old, one pound.
Each horse or mare, of three years old or upward, three pounds.
All horse kind, of two years old, two pounds each.
All horse kind, of one year old, one pound each.
All swine, of one year old or upward, one pound each.
Every person having money on hand, or due to them, over and above all debts charged thereon, shall put the same in the annual list, at the rate of six, for every hundred pounds. And in case the listers shall suspect any person has not given in the full sum of money on hand, or due as aforesaid, the listers are hereby impowered to call such person or persons before them, there to give in such lists on oath ; and either of said listers are impowered to administer such oath.
That all lands within this State, after being improved one year, either for pasture, plonghing, or mowing, or stocked with grass, and within in- closure, shall be set in the list at ten shillings per acre.
That all horse kind, or other creatures, rateable by law, that are put upon any farm in this State, remote from the towns where the owner dwells, and under the care, occupancy and improvement, of a tenant, shall be put into the list of the polls and rateable estate of such tenant, in the town or peculiar, where such farm lies. And in all other cases, all horse kind, and other creatures, rateable by law, shall be put into the list of the polls and rateable estate of the owners thereof, in the town's where they dwell.
And all peculiars, or lands not as yet laid within the bounds of any town,-those lands, with the persons and estates thereupon, shall be assessed by the rates of the next town unto it ; the measure or estimation to be by the distance of the meeting-house or centre.
That the ministers of the gospel that now are, or hereafter may be, settled in this State, and the president of the college, (during the contin- uance of their public service in the gospel ministry, and presidency)
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shall have all their estate, lying in the same town where they dwell, ex- empted.
As also shall all lands in this State, sequestered, or improved for schools, and other pious uses, be exempted.
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Be it further enacted, by the authority aforesaid, that all allowed at- tornies at law, in this commonwealth, shall be set in the annual list for their faculty,-the least practitioner, fifty pounds, and the others in pro- portion, according to their practice ; to be assessed at the discretion of the listers of the respective towns where said attornies live, during their practice as such.
All tradesmen, traders, and artificers, shall be rated in the list, pro- portionable to their gains and returns ; in like manner all ware-houses, shops, work-houses, and mills, where the owners have particular improve- ment or advantage thereof, according to the best judgment and discretion of the listers.
Such persons as are disabled by sickness, lameness, or other infirmities, shall be exempted.
That the listers chosen in the respective towns, shall take the oath pro- vided in the constitution of this State, for such officers.
And, for enabling the said listers to recover their part of the four- fuld assessments, out of the hands of the officers collecting the same,-
Be it further enacted by the authority aforesaid, that when any con- stable or collector of rates, sliall neglect or refuse to make payment to the listers, of any such sum or sums of money, as shall become due to them from such constables or collectors, on account of such four-fold assessments, it shall be lawful for such listers to make application to tlie next assistant, or justice of the peace, who shall be, and is hereby im- powered, to grant a writ of scire facias against such constable or collec- tor, to shew cause, (if any he hath) why execution shall not be granted against him for such sum, or sums, with the necessary charges; and if such constable, or collector, do not appear according to such scire facias, before suchi assistant, justice of the peace, or county court, according to the value of the action, and shew sufficient cause why execution shall not be granted as aforesaid ; snch assistant, justice, or county court, shall grant out execution in due form of law, to levy on the goods and chattels of said constable, or collector, for such sum, or sums, so neglected to be paid, and the necessary charges ; and for want of such estate, to take the person, and retain the same until satisfaction be made, and the money so collected, be paid to the said listers.
AN ACT constituting and establishing one Superior Court in the State of Vermont.
Be it enacted, and it is hereby enacted, by the representatives of the. freemen of the State of Vermont, in General Assembly met, and by the
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authority of the same, that one superior court, consisting of five judges, be, and is hereby, constituted in this State, held and kept for the year en- suing, at the times and places hereafter mentioned, by one chief judge, and four . other judges ; to be appointed and commissioned for that pur- pose; any three of whom shall have power to hold said court: which court shall have cognizance of all pleas of the State, that relate to life, limb, or other corporal punishment; also fines, banishment, and divorce; and shall have power to hear and determine the same by jury, or other- wise, according to law, and award execution accordingly. And shall have cognizance of all pleas in causes or actions between party and par- ty, or between this State and any of the subjects of this or the other States, whether the same do concern or relate to murder, treason, bur- glary, theft, robbery, riot, goal-breaking, rescuing prisoners, impeding the authority of this State in the execution of their office; also trespass, damage, fraud, or cheat,-either by appeal, review, writ of error, scire facias, indictment, complaint, or otherwise, as the law directs; and the same to try by jury, or otherwise, as aforesaid, and therein proceed to judgment, and award execution thercon accordingly.
That this court shall not have cognizance of any action where the matter in demand does not exceed twenty pounds, or the fine does not exceed twelve pounds, except by appeal.
That this court shall have no power to try any action or title of land, for the year ensuing ; any clause in this or any other act of the legislature of this State to the contrary notwithstanding.
That when, and so often as it shall happen, that, by reason of the ne- cessary absence of, or just exception against, any of the judges of the said superior court, there shall not be a sufficient number of them to hold said court, or try any cause, the vacancy shall be supplied by any of the councillors of this State.
That any one or two of the judges of said court, being at the time and place for opening of said court, shall have full power to open and adjourn the same.
That the judges of the said court shall have full power to appoint and swear a clerk for said court ; who shall be, and he is hereby, impowered to grant executions on judgments rendered in said court, and to act and do all things proper for him as a clerk of said court, in the execution of said office, according to the rules, orders, and directions of said court, and according to law.
That the chief judge, or in his absence any three of the other judges, shall be, and they are hereby, impowered to call a special court upon any extraordinary occasion.
That the times and places for holding the superior court of judicature for the year ensuing, shall be as follows, that is to say,
Within and for the county of Bennington, at Bennington, on the sec- ond Thursday of December next.
Within and for the county of Cumberland, at Westminster, on the second Thursday of March next.
Within and for the county of Bennington, at Rutland, on the second Thursday of June next.
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LAWS PASSED, FEBRUARY, 1779.
Within and for the county of Cumberland, at Newbury, on the second Thursday of September next.
Be it further enacted, by the authority aforcsaid, that all actions that are entered in any of the special courts of this State, which remain un- tried, shall be transferred as they now stand, from the said special courts into the superior court, at the first sitting of said court in the county where such actions are now entered.
AN ACT to prevent riots, disorders, and contempt of authority, within this State, and for punishing the same.
Whereas, breaking open goals, rescuing prisoners, &c. are much to the damage of civil society,
Which to prevent,
Be it enacted, and it is hereby enacted, by the representatives of the freemen of the State of Vermont, in General Assembly met, and by the authority of the same, that if any person, or persons, shall impede or hinder any officer, judicial or executive, civil or military, under the. au- authority of this State, in the execution of his office ; on conviction there- of before the superior court of this State, shall be whipped on the naked back, not exceeding one hundred laslies for the first offence, and pay all costs and damages that shall accrue from such disorder, beside cost of prosecution : and for want of estate to pay said costs, damages, &c. the offender may be bound in service to any subject of this State, for such time as shall be judged by said court to be sufficient to pay said costs, damages, &c. And said court are hereby authorised to bind said delin- quent.
Be it further enacted, by the authority aforesaid, that if any person shall be guilty of a second offence of the like nature, and shall be con- victed thereof, he shall be branded with the letter C on the forehead, and shall be whipped on the naked back, not exceeding one hundred lashes ; to be repeated every time of conviction.
Be it further enacted, by the authority aforesaid, that if any person or persons, cither directly or indirectly, shall break open, or aid or assist in breaking open, any goal, or place of confinement, wherein any pris- oner or prisoners may be confined by the authority of this State, on con- viction thereof, shall be whipped on the naked back, not exceeding one hundred lashes, and be branded on the forehead with the letter B, and pay a fine, not exceeding one hundred pounds, and all costs and damages that may accrue from such disorder, together with cost of prosecution; and for want of estate to pay said costs and damages, the offender may be bound in service as aforesaid.
That the superior court, before the dismission of such delinquent, may call on him to give bonds, in surety, not exceeding three thousand pounds, for his good behaviour : and in case such delinquent shall refuse to give such surety, said court are hereby impowered to confine such delinquent in any of the goals in this State.
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LAWS PASSED, FEBRUARY, 1779.
AN ACT directing proceedings against forcibly entry and detainer.
Be it enacted, and it is hereby enacted, by the representatives of the freemen of the State of Vermont, in General Assembly met, and by the authority of the same, that upon complaint made to any one or more assistants or justices of the peace, of any forcible entry made in any house, lands, tenements, or other possessions, lying within the county where such assistant or assistants, justice or justices reside ; or of any wrongful detainer of any such houses, lands, tenements, or other posses- sions, by force, or strong hands, that is to say, by, or with, such violent words or actions, as have a natural tendency to affright and terrify ; every such assistant or assistants, justice or justices, within convenient time, at the cost of the party aggrieved, shall go to the place where the said force is, taking with him or them the sheriff of the county, (if need be) to aid and assist said authority ; and any of the people of the county, shall at- tend the said assistant or assistants, justice or justices, to assist him or them to arrest such offenders (when thereunto called) upon pain of im- prisonment for a term not exceeding one month, and of paying a fine of twenty shillings to the treasurer of the county.
And that two assistants, or two justices, or one assistant and one jus- tice, shall have authority to enquire by oath, of the people of the same county, as well as of them that make such forcible entry, or hold and detain the same by force and strong hand : and if it be found on such enquiry, that a forcible entry hath been made into houses, lands, tene- ments, or other possessions, or that the same are held by force ; then such assistants, or justices, shall cause the same houses, lands, tenements, or other possessions, to be re-seized, and the party to be put in possession thereof, who in such manner was put or held out of the same.
And in such cases, where the nature of the facts are cognizable before such authority, the said authority shall also tax a bill of cost against such persons as before them shall be convicted of forcible entry, or detainer.
And in case the person complained of is found not guilty, cost shall be taxed against the complainant, and execution thereon granted accor- dingly.
And to the end that enquiry may be made, as aforesaid,
Be it enacted, by the authority aforesaid, that such assistants or jus- tices shall make out their warrants or precepts, directed to the sheriff of the same county, or his deputy, commanding him, in the name of the freemen of this State, to cause to come before them, eighteen sufficient and indifferent persons, dwelling near unto the houses, lands, tenements, or other possessions, so entered upon or held as aforesaid, whereof four- teen shall be sworn well and truly to enquire of such forcible entry, or detainer, and to return a true verdict, according to their evidence.
And if the sheriff shall make default, in not executing such warrant or precept, to him directed, he shall be fined or amerced, in the sum of five pounds, for every default.
And every juror, legally summoned, making his default, by non-ap- pearance, shall pay a fine of twenty shillings.
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That when it shall so happen, that the sheriff is either a party, or stands in the relation of a father or son, by nature or marriage, or of a brother in the like kind, uncle or nephew, landlord or tenant, to either of the parties ; either of the constables of the town where the facts are said to be done, not being interested; or related as aforesaid, shall have, in those . cases, all the powers and authority that the sheriffs, in this act, are vested with ; and shall be under the same regulations, and, in case of default, liable to the same penalties.
And that any assistant, or assistants, justice, or justices, holding such court of enquiry, may impose a fine on every such offender, not exceed- ing twenty shillings ; and demand bonds of such offender or offenders, for their good behaviour, until the next county court in that county, there to appear ; and on such offender's refusing or neglecting to give such bonds, they may commit such offender to prison, until he or they do comply with the judginent.
And if the offence be aggravated by any open or high-handed breach of peace, or otherwise, the county court may increase the fine according to the aggravation or circumstances of the offence.
All fines arising by virtue of this act, to be to and for the use of the county treasury.
And the party aggrieved shall recover treble damages, and cost of suit, by action of trespass against the offender or offenders, if it be found by verdict, or in any other manner, by due form of law, that he or they en- tered into his house, lands, tenements or other possessions, by force.
Provided always, that this act shall not extend to any person or persons who have had the occupation, or have been in the quiet possession, of any houses, lands, tenements, or other possessions, for the space of three whole years next before, and his or their estate or estates therein, is not ended or determined ; any thing to the contrary, in this act, notwith- standing.
AN ACT for relieving and ordering idiots, impotent, distracted, and idle persons.
Be it enacted, and it is hereby enacted, by the representatives of the frecmen of the State of Vermont, in General Assembly met, and by the authority of the same, that when, and so often as it shall happen, that any person or persons shall be naturally wanting of understanding, so as to be uncapable to provide for themselves; or, by some providence of GoD, by age, sickness, or otherwise, become poor and impotent, or unable to provide for themselves, and having no estate wherewithall the; may be supported; then they, and every of them, shall be provided for, and sup- ported, by such of their relations as stand in the line or degree of father or mother, grand-father or grand-mother, children or grand-children, it they are of sufficient ability to do the same; which sufficient relations shall provide such support and maintainance, in such manner and pro- portion as the county court in that county where such idiot, distracted,
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poor, or impotent person dwells, shall judge just and reasonable, whether such sufficient relations dwell in the same or another county. And the said courts are hereby fully authorised, upon application to them made, either by the select-men of the town, or any one or more of such rela- tions, to order the same accordingly.
And if any of such relations who shall be by such court assessed, or ordered to pay any certain sum or sams, for the purpose aforesaid, shall neglect to do the same, or give sufficient security to abide by and fulfil the judgment of the court, the said court may award execution, quarterly, against such persons respectively, for levying so much as they are respec- tively assessed, to be delivered into the hands of the complainant, or complainants respectively, for the purpose aforesaid.
But if such idiot, distracted, or impotent person, have any estate, the county court of that county where they dwell, may order and dispose thereof, in such manner as they shall judge best, for, and towards, the support of the persons, -as also the persons themselves, to any proper work or service, he, she, or they, may be capable of performing, at the direction of the select-men ; or the select-men may appoint and impower some meet person, a conservator to take care of, and over-sec, such idiots, distracted, and impotent persons, and their estates, for their support ; who shall be accountable to said select-men, for their management of said trust, when thereto ordered by the select-men.
And if the estate of such idiot, distracted, or impotent person, consist of houses or lands, the General Assembly (upon application to them made) may licence and authorise the select-men of the same town, or some other meet person, to make sale of such houses or lands, or so much thereof as the Assembly shall think fit to order, to and for the use, relief and benefit of such impotent person, the produce thereof on sale, to be secured, and employed for the purpose aforesaid, so long as such person shall live ; or until he or she be capable of providing and taking care of him or herself; and the overplus (if any there be) in case of restoration, to and for the use of the person ; and in case of death, to and for the use of the next and right heirs of such person.
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