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 37
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 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65
That all fines, penalties and forfeitures, arising by virtue of this act, or any breach thereof, shall be levied on the goods, or chattels of the re- spective delinquents, if they be not minors ; and on the goods or chattels of the parents, masters, or guardians of such delinquents as are minors ; and shall be for the use of the respective companies to which such person or persons fined, do belong,-(except such fines as are otherwise dis- posed of in this act.)
And every person chosen by any company for their drummer, or fifer, upon his accepting said service, shall provide himself a good drum, or fife, and constantly attend service when required, on penalty of ten shillings fine, for each day's neglect; to be levied by warrant from the two chief officers of the company to which such drummer or fifer doth belong.
Be it further enacted, by the authority aforesaid, that in any town in this State, where there are thirty able bodied men, or more, that are feed
312
LAWS PASSED, FEBRUARY, 1779.
by the laws of this State from doing duty in the militia companies formed in said towns, on account of age or commissions, &c .- that it shall and may be lawful for them to form themselves into a military company, choosing for said company, one captain, one lieutenant, and one ensign ; who shall be commissioned by the Governor of this State, and under the command of the field-officers of the regiment where they live, and to which they belong.
Be it further enacted, by the authority aforesaid, that where there be twenty or more, of the before described persons, inclining as aforesaid, it shall and may be lawful for them to form themselves into a military company, choosing one captain, and one lieutenant, to be commissioned and commanded as aforesaid.
Beit further cnacted by the authority aforesaid, that where there are two towns lying and joining together, where either of the before mention- ed numbers of the before mentioned persons are inclined to form them- selves into such company, nuder such regulations as before mentioned, it shall and may be lawfnl ; and they shall be commissioned and command- ed as aforesaid.
Be it further enacted by the authority afore said, that each and every person in this State, who are, by law, exempted from doing military doty, (ministers of the gospel, president, tutors and students in college only excepted) and do not comply with the preceeding paragraph of this act, as to forming into a military company, shall be under the command of the military officers within their respective towns, with respect to doing their proportion in the present war.
AN ACT impowering Collectors to collect Rates.
Be it enacted, and it is hereby enacted, by the representatives of the freemen of the State of Vermont, in General Assembly met, und by the authority of the same, that whensoever any town, society, or other com- munity, which by law are, or shall be, enabled and authorised to grant and levy any rate, or tax, for the answering or defraying the necessary charges and expences thereof, shall, in any of their lawful meetings, agree upon and grant a rate or tax, to be levied upon such town, society, or other comnum- ity, for any of the purposes for which, by law, they are or shall be im- powered to grant such rate or tax, they shall choose some meet person to be collector of such rates or taxes ; and the select-men, ora committee appointed for that purpose, shall take proper care that such rates be ac- cordingly made, for the assessment of the several persons to be taxed, and deliver the same to such collector.
And, upon application made to some assistant, or justice of the peace, such assistant, or justice, is hereby authorised and directed to grant a warrant for the collecting such rate or tas ; which warrant shall be di- rected to such collector appointed to collect the same, requiring and im- powering him to gather and collect such rate or tax, according to the grant thercof, made as aforesaid.
313
LAWS PASSED, FEBRUARY, 1779.
And that all such collectors, authorised and directed to gather any rates or taxes whatsoever, duly laid and assessed on any of the inhabitants of this State, shall have full power and authority to-Hect the same, ac- cording to such warrant as shall be given them ; and shall have the same power and authority to command assistance in the execution of their office, (when need shall require) as is, by law, given to a sheriff or constable, in the execution of their office : and all persons are hereby required to yield due obedience thereunto.
Provided always, such collector shew and read his warrant or author- ity to the persons whose assistance is commanded.
AN ACT for the due observation and keeping the first day of the week as the Sabbath or LORD's day ; and for punishing disorders and pro- faneness on the same.
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 no tradesman, artificer, labourer, or other person whatsoever, shall, upon land or water, do or exercise any labour, business, or work, of their ordinary callings, or any kind whatsoever, (works of necessity and mercy only, excepted) nor use any game, sport, play, or recreation, on the Lord's day, or day of public fasting, and thanksgiving, on pain that every person so offending, and being convicted thereof before an assistant or justice of the peace, shall, for every such offence, forfeit not exceeding a sum of ten pounds, as the nature of the offence may require. That whatsoever person shall be guilty of any rude, profane, or unlawful behaviour on the Lord's day, either in words or actions, by clamorous discourse, or by shouting, hollooing, screaming, running, riding, dancing, jumping, blowing of horns, or any such like rude or unlawful words or actions, in any house or place, so near to, or in, any public meeting house for divine worship, that those who meet there may be disturbed by such rude and profane behaviour, and being convicted, shall incur the penalty of forty shillings for every such offence, and be whipped on the naked back, not exceeding ten stripes, nor less than five.
That no person shall drive a team, or droves of any kind, or travel on said day; (except it be on business that concerns the present war, or by some adversity they are belated, and forced to lodge in the woods, wil- deruess or highways the night before ; and in such case, to travel no far- ther than the next inn, or place of shelter, on that day) upon penalty of forfeiting a sum not exceeding ten pounds, as the nature of the offence may require.
Nor shall any person go from his or her place of abode, on the Lord's day, unless to or from the public worship of God, attended, or to be at- tended upon, by such person, or unless it be on some work or business of necessity or mercy, then to be done or attended upon, on penalty of pay- ing a fine, not exceeding five pounds, for cvery such offence.
Q2
-
314
LAWS PASSED, FEBRUARY, 1779.
Nor shall any person or persons keep, or stay, at the outside of the meeting-house, during the time of public worship, (there being conven- ient room in the house) nor unnecessarily withdraw themselves from the public worship to go without doors, nor profane the time by playing, or profanely talking, on the penalty of paying a fine, not exceeding three pounds, for every such offence, as the nature of the offence may require.
That if any number of persons shall convene and meet together iu company or companies, in the street or elsewhere, on the evening next before, or after, the Lord's day, and be thereof convicted, shall pay a fine, not exceeding three pounds, or sit in the stocks, not exceeding two hours.
Abrays provided, that this act shall not be taken or construed to hin- der the meetings of such persons upon any religious occasions.
Provided also, that all presentments or mformations against any per- son or persons, for being guilty of any of the before mentioned offences, be made within one month after the commission thereof.
That the grand jurymen, and tything.men, and constables, of each town, shall carefully inspect the behaviour of all persons on the Sabbath, or Lord's day ; and due presentment make of any profanation of the worship of God, on the Lord's day, or on any day of public fast or thanksgiving, and of every breach of Sabbath which they, or any of them, shall see or discover any person to be guilty of,-to the next assis- tant, or justice of the peace ; who is hereby impowered to proceed there- in, according as the nature of the offence requires.
That each grand-juryman, tything man, or constable, shall be allowed six shillings per day, for each day he spends in prosecuting such offend- ers, to be paid by the person offending, or the parent, or guardian, or master, of such person, when he is under age; and all fines imposed for the breach of this act, on minors, shall be paid by the parents, guardians, or masters, if any be ; otherwise, such minors to be disposed of in ser- vice, to answer the same ; and upon refusal, or neglect of payment of such fines, and charges of prosecution, the offender may be committed, unless he be a minor ; in which case, execution for the fines and charges shall go forth against his parent, guardian or master, after the expiration of one month next after such conviction of such minor, and not sooner.
Provided, no person or persons, prosecuted on this act, shall be charg- ed with more than for one person prosecuting him for such offence.
That whatsoever person shall be convicted of any profanation of the Lord's day, or of any disturbances of any congregation, allowed for, or attending on, such worship, and shall, being fined for such offence, neg- lect or refuse to pay the same, or present estate for that purpose; the court, assistant, or justice of the peace, before whom the conviction is had, may sentence such offender to be publicly whipped, not exceeding twenty stripes-respect being had to the nature and aggravation of the offence.
But if any children, or servants, not of the age of discretion, shall be convicted of such profanation or disturbance, they shall be punished therefor, by their parents, or guardians, or masters giving them due cor-
315
LAWS PASSED, FEBRUARY, 1779.
rection in the presence of some officer, if the authority so appoint, and in no other way ; and if such parent, guardian, or master, shall refuse or neglect to give such due correction, that every such parent, guardian, or master, shall incur the penalty of ten shillings.
And that no delinquent, on this act, shall be allowed any appeal or review.
And all and every assistant, justice of the peace, constable, grand-ju- ryman, and tything-man, are hereby required to take effectual care, and endeavour that this act, in all the particulars thereof, be duly observed ; as also to restrain all persons from unecessary walking in the streets, or fields, swimming in the water, keeping open their shops, or following their secular occasions or recreations, in the evening preceding the Lord's day, or on said day, or evening following.
AN ACT for the ordering and disposing of transient persons.
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 the select-men of each respective town in this State, shall be, and are hereby, authorised and impowered to warn any transient person (residing in such town, that is not of a quiet and peacea- ble behaviour, or is, in their opinion, like to be chargable to such town) to depart out of such town, except such person does obtain a vote of the inhabitants of such town, in legal town meeting, to remain in such town; and if any such person or persons, being so warned, do not leave such town within twenty days after such warning, then one or more of said select-men may make application to an asssistant or justice of the peace, who is hereby impowered to issue his warrant to the sheriff or constable to take such person or persons, and transport him or them to the next town, towards the place where such person was last an inhabitant ;- in the same manner to be transported to the place where such person or per- sous were inhabitants last, or in the same way, out of this State, if he be not an inhabitant thereof; and all such expence shall be paid by the per- son or persons so warned, if of ability, but if he is not of ability, to be paid by such town.
Provided always, that no person shall be subject to such warning, after he or she lias lived in such town one year.
Be it further enacted, by the authority aforesaid, that if any transient person or persons shall be taken sick or lame, in any town in this State ; whoever shall keep any such person or persons (if such transient, sick, or lame person or persons be not of sufficient ability ) shall defray all such expense, until complaint thereof be by him made to the select-men of such town ; after which, such select-men shall provide for such transient, sick, or lame person, according to law
316
LAWS PASSED, FEBRUARY, 1779.
AN ACT relating to briefs.
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 no briefs, craving the charitable contribu- tions of the people in any of the towns or plantations in this State, shall be read, or attended, in any of the said towns or plantations, unless it have the allowance of the Governor and Council, and by them directed into what towns or congregations it shall pass, (except it be on some spe- cial occasion, for any distressed or afflicted person of their own inhabi- tants ) upon penalty of the forfeiture of five pounds for every person that shall read and publish any such brief, not allowed and directed as afore- said ; to be recovered by bill, plaint, or information, in any court of rec- ord. one third of which penalty or forfeiture shall be to him that shall inform and prosecute to effect, and the other two thirds to the town treas- urer where such offence is committed.
AN ACT for the security of this State:
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 all securities to this State shall be to the treasurer, in the name and behalf of the General Assembly, and lodged in his office; except securities from the treasurer to the State, which shall be given to the secretary, in the name and behalf of the General Assem- bly, and lodged in his office. And all suits that shall be commenced against this State, shall be against the treasurer, in the name and behalf of the General Assembly ; and all suits that shall be commenced in favor of this State, shall be in the name of the treasurer, in behalf of the As- sembly.
And be it further enacted, by the authority aforesaid, that the treasurer-general and trustees of the loan-office, shall provide two suffi- cient sureties ; each to bind themselves with the treasurer and trustee of the loan office, in the penal sum of ten thousand pounds, for the security of this State, to be lodged in the secretary's office.
AN ACT for the regulating and stating fees .*
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 the fecs of the several courts and officers shall be as follows, viz :-
* the several items of fees in this act, are stated in Continental currency, which was materially depreciat d at the da e of this law .- See preamble to the act regulating feve, passed Nov. 1780 .- See, also, act fixing a scale of depreciation, passed April, 1781.
317
LAWS PASSED, FEBRUARY, 1779.
Superior Court's Fees.
Each judge, per day, -
£1 10 0
For trying each action, 2.2 0
For each of the jurymen, per day,
0 15 0
For judgment on default, . -
0 18 0
Clerk's Fees.
For entering each action,
0 1 6
Attachments or summonses, each, - -
0 3 0
Execution,
0 60
For licence to each tavern-keeper,
0 6 0
Assistants or Justices Fees.
Attachments or summonses, each, 0 3
When bond is given,
-
-
0
4 6
A subpæna,
-
02 0
Entry and trial of an action,
-
.
0 12 0
· An execution, -
-
-
0 6 0
Each warrant for criminals, -
0 6
0
Bond for appeal, -
0 3 0
Copy for evidence, -
0 2 0
Copy of a judgment, -
-
0 3 0
Every recognizance, -
-
-
0 3 0
Judgment on confession or default, -
-
Affidavits taken out of court, each,
-
0 60 0 0
Taking the acknowledgment of a deed, mortgage, or other instrument, 0 3 0
Courts of Probate Fees.
For granting administrarion, 0 9 0
For receiving, and probate of, every will, and inven- tory, of fifty pounds, 0 12 0 -
0 4 6 To the clerk, -
Receiving and probate of every will, and inventory, above fifty pounds, 0 18 0
To the clerk,
0 6 0
Each quietus, or acquittance, - -
0 6
To the clerk,
-
0 3 0
Recording every will, and inventory, of fifty pounds, or under, 0 15 0 Recording every will, and inventory, above fifty pounds, and not exceeding one hundred, 0 18 0) Also one shilling and sixpence after the first hun- dred ; and half so much for a copy of the same. For making out a commission, receiving and examm- ing the claims of the creditors to insolvent estates, and regulating the same, - 0 3 V For each page of twenty-eight lines, and ten words
in a line,
-
0 3 0
-
0
318
LAWS PASSED, FEBRUARY, 1779.
For entering an order upon administrator to pay out the estate unto the several creditors, returned by the commissioners,
3 0
Allowing of accounts, settling and dividing intestate estates,
0 9 0
Appointing guardians, and taking bond, 0 60
Each bond for administration, 0 6 0
Each letter of administration, 0 6 0
Each citation, -
0 2 0
Secretary's Fees.
For recording laws and orders of public concern- ment, in the State records, each, 060
Affixing the State seal, -
0 30
Each military commission, -
0 6 0
Each commission for a justice of the peace, -
0 6 0 1
Each commission for 'judge of probate,
0
6
0
Each petition to the Assembly, -
0
6 Q
Sheriff's and Constables Fees.
Serving every summons, -
0
0 3 0
Serving attachment, -
-
-
0 3 0
Bail bond,
0 4 0
For levying every execution, not exceeding five pounds, 0 12 0
For levying every execution above five, and not ex- cecding ten pounds, - 0 18 0
For levying every execution, not exceeding twenty pounds, 1 10 Q
For levying every execution, not exceeding forty 2 5
pounds,
For any greater sum than forty pounds, shall be al- lowed after the rate of two shillings more on every twenty pounds above the sum of forty pounds, which shall be levied by the said execution : and the above fees on execution, shall be taken in the same currency that is to be levied by each respec- tive execution.
Attending at a justice's court, when obliged to at- tend, for each action tried, - -
0 6 0 Each mile travel out, at -
1 6
Sheriff attending the General Assembly, superior or county court, per day, 1
- 4 0 Constable per day, for like service, - -
0 18 0 per day, 0 90
Fees for plaintiff and defendant, attending any court,
Witnesses attending any court, per day, 0 12 0 Travel for plaintiff, defendant, or evidence, to any court, per mile, -
01 0
-
2 0 If a copy, -
319
LAWS PASSED, FEBRUARY, 1779.
Town Clerk's Fees. -
For recording a deed, -
60
For a copy of a deed,
-
-
0
6 0
For a survey-bill,
·
0
3 0
For recording a marriage,
-
-
0
1 6
For recording a birth, or death,
-
-
0
1 0
County surveyor's fees, per day,
-
-
Z
4 0
AN ACT to admit Quakers Affirmation.
Whereas, a considerable number of the good people of this State, bear- ing the denomination of Quakers, being satisfied with the Constitution of this State, yet cannot be qualified as freemen, by reason of the oath or affirmation not being adapted to the rules of their church.
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 the following affirmation be established for those people that call themselves Quakers.
I -- solemnly afirm and declare, that whenever I am called to give any vote or suffrage, touching any matter that concerns the State of Vermont, I will do it so as in my conscience I shall judge will most conduce to the best good of the same, as established by Constitution, without fear or favour of any man, on the penalty of perjury.
AN ACT regulating the Payment and Disposal of Fees, Fines and Penalties.
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 every person that shall, at any time, be fined for the breach of any penal law, or for other just cause, shall forthwith pay the fine or penalty imposed upon him, or give in good and sufficient security, speedily to do the same, or shall be imprisoned, or bound out and kept in service, until it be paid. And no warrant or distress for levy- ing of fines and penalties, shall be sent out, after the expiration of one year after conviction of the delinquent. That all fees paid for trial of any matter or cause, in the general court, and in the superior court, (the secretary and clerk's fees excepted) and all fines, forfeitures and penalties, imposed on any person or persons, by either of the said courts, for any matter or delinquency, shall be and belong to the State Treasury, for the defraying the public charges of this State.
And all fees paid for the trial of any matter or cause in the respective county courts in this State, (the clerk's fees excepted) and all forfeitures, fines and penalties, imposed on any person or persons, for any matter of
320
LAWS PASSED, FEBRUARY, 1779.
delinquency, by any of the said county courts, to defray the charges of the county courts, and other county charges.
And all such fines, forfeitnres, and penalties, as shall, by the judgment of any assistant or justice of the peace, be imposed on any person or per- sons, for any matter of delinquency, shall be and belong to the treasury of the town where such judgment is given.
Always provided, that where any such fines, forfeitures, or penalties, are, or shall be, otherwise ordered, by any express law of the State, they shall be disposed of according to the order of such law ; any thing before in this act, to the contrary notwithstanding.
AN ACT for regulating Goals and Goalers.
Be it enacted, and it is hereby enacted, by the representatives of the freemen of the State of Vermont, in General Assembly met, und by the authority of the sume, that there shall be kept and maintained, in good and sufficient repair, a common goal in every head or county town in this State ;- the whole charge of building, when there shall be occasion, and of keeping such goals, shall be by the county to which the same belongs. . And that the assistants and justices of the peace, in the several counties, shall have full power, and they are hereby impowered, to tax the inhab- itants of their respective counties for building, repairing, aud furnishing the said goals as need shall require ; and, from time to time, to order, direct, and take care of the building, and keeping in repair the said goals.
That all, and every person or persons whatsoever, that shall be com- mitted to the common goal, within any county in this State, by lawful authority, for any offence and misdemeanor, having means and ability thereunto, shall bear their own reasonable charge for conveying or send- ing them to the said goal ; and also the charge of such as shall be appoint- ed to guard them thither ; and also of their support while in goal, before they are discharged ; and the estate of such person shall be subjected to the payment of such charge ; and for want of estate, they may be disposed of in service, to answer the same, according to the law, entitled, " An Act concerning delinquents ;" unless they shall be freed from the pay- ment of said charge, agreeable to the direction of the law as aforesaid.
That all prisoners shall be permitted to provide, and send for their necessary food, from whence they please ; and use such bedding, and linen, and other necessaries, as they think fit, without their being pur- loined or detained, on their paying for the same. Neither shall any keeper of a common goal demand of them greater fees for their commitment, discharge, or chamber room, than what is allowed by law.
And if any keeper of a common goal shall do, or cause to be done, to any prisoner that is committed to his custody, any wrong, or injury. con- trary to the intent of this act, he shall pay treble damages to the party aggrieved, and also such fine as the county court of that county wherria the offence is committed, upon information or complaint to them made, shall (considering all circumstances) impose upon him.
321
LAWS PASSED, FEBRUARY, 1779.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.