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 38
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AN ACT relating to Guardians and Minors.
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 when, and so often as there shall be occasion, the court of probates, in the several districts in this State, shall be, and they are hereby impowered to allow of guardians, who shall be chosen by minors, of age by law for choosing of guardians ; and to appoint guardians for such as shall be within that age. And that when it shall so bappen, that there shall be any minor, of age for the choosing a guardian, who hath neither father, guardian, nor master ; then each and every of the judges of the said courts of probates, within whose district such minor lives or resides, shall notify such minor to appear before him, and elect some meet person to be his or her guardian ; which being done, the same may be allowed, as aforesaid. And upon refusal or ne- glect to make such election, such judge shall appoint, and the respective judges aforesaid are hereby impowered to appoint, a guardian for such minor, neglecting or refusing as aforesaid. And the power and authority of such guardian shall be as good and effectual, to all intents and pur- poses, as if first elected by such minor, and thereupon allowed, as afore- said.
And every judge of probate, on his allowing or appointing any guar- dian as aforesaid, shall take sufficient security of all such guardians, for the faithful discharge of their trust, according to law ; and oblige them to render their account of their guardianship to the court, or minor, when such minor shall arrive at full age, or at such other time as the said court of probate, upon complaint to them made, shall see cause to appoint.
AN ACT for preventing wrong by impresses.
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 person shall be compelled to do any work or service for the public, unless it be by warrant from authority, and he have reasonable allowance therefor. Nor shall any man's horse, cattle, or goods, of what kind soever, be impressed, or taken, for any public use or service, unless it be by virtue of such warrant, nor without such rea- sonable satisfaction. And if such horse, cattle, or goods perish, or suffer damage in such service, the owner shall be duly recompensed.
AN ACT regulating Mills and Millers.
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 each miller in this State, or the owners of R 2
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grist mills, shall be allowed two quarts out of each bushel of Indian cord he grinds ; and for English grain, two quarts out of each bushel, and one pint for bolting ; except malt, out of each bushel of which he grinds, he shall have one quart, and no more.
And if any miller shall presume to take or receive a greater toll, os fee, for grinding, than is herein allowed, he shall forfeit and pay the sum of ten shillings, for each time he shall be convicted of the breach of this act ; one half whereof shall be to the complainer, who shall prosecute the same to effect, and the other half to the treasury of the town where the offence shall be committed.
And that there shall be provided for every grist-mill within this State, by the owners of such mills, sealed measures, viz ; one of a pint, one of a quart, and one of two quarts, for their toll-measures, with an instrument to strike the said measures, which shall be striken when toll is taken of all grain that is brought to the mill, stricken measure, to be ground there,
AN ACT to encourage the destroying of Wolves and Panthers.
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 shall kill and destroy any grown wolf, or wolves, or panther, within the bounds of this State, he shall have eight pounds paid out of the public treasury ; and half so much for every wolf's whelp that sucks, which he shall kill and destroy ; the head or heads of every such wolf, whelp, or panther, being first brought to the select men, or constables of such town wherein such creatures are killed ; which select-men, or constables, shall cut off both ears from such head or heads.
And for preventing frauds in obtaining bills on the treasury for the killing the aforesaid creatures.
Be it enacted, by the authority aforesaid, that the select-men and constables within the respective towns in this State, shall ( when the head of any wolf, panther, or whelp, is, by any person, brought to them, in order to obtain a certificate for the same) strictly examine the said person or persons, how he or they obtained the licad or heads of such wolf, or wolves, panther, or whelp; and whether they were taken and killed with- in the bounds of this State.
And to prevent fraud being done by one person to another respecting the matters aforesaid,
Be it further enacted by the authority aforesaid, that if any person shall take a wolf ont of any pit made to catch wolves in, or out of any trap, thereby to defraud the owner of the pit or trap, of his due, every such person shall pay to the owner or owners of the pit, or trap, the sun of eight pounds for every such offence, and be whipt on the naked back. according to the direction of the authority into whose cognizance it shall come, not exceeding ten stripes.
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AN ACT for preserving due order in town meetings, society-meetings, and in the meetings of other communities ; and for preventing tunnilts therein.
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 when any town, society, or proprietors meet- ing, or the meeting of any other community is lawfully assembled, if any person or persons whatsoever, shall, in any such meeting, or assembly, by tumultuous noise, quarrelling, or by any unlawful act, disturb such meeting, or hinder the members thercof from proceeding in an orderly and peaceable manner, to the choice of their moderator, or, after the choice of such moderator, shall villify or abuse him, or interrupt him in the discharge of his trust; or after he has commanded silence in such meeting, shall speak in the meeting, to the disturbance of the business of the mecting, without the moderator's leave first had and obtained, (unless it be to ask reasonable liberty to speak,) such person or persons, so of- fending, in any of the particulars above mentioned, contrary to the intent of this act, shall, for every such offence, forfeit and pay a fine of twenty shillings, to the treasurer of the town where such offence is committed.
All offences against this act, to be heard and determined before any one councillor, or justice of the peace, unless the offence be aggravated by some notorious breach of peace ; in which case the offender shall be bonnd over by such assistant or justice, to the next county court, to an- swer for such offence : which court may impose such fine as the aggrava- tion of the offence, in their judgment, deserves, not exceeding fifteen pounds. And that no such meeting shall be adjourned, but by the major part of the members present.
AN ACT for restraining swine from going at large.
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 swine shall be allowed to run at large on the highways or commons in this State : and if any person or persons shall allow their swine to run at large in the highways or commons afore- said, it shall be the duty of the hayward, in the several towns in this State, (and it shall be lawful for any other person or persons ) to impound such swine; and the owner or owners of such swine, shall pay the poundage thereof, by law allowed, before they are released out of pound.
Always provided, that every town in this State shall have liberty to agree otherwise, in their own precincts, respecting the swine in such town.
Provided nevertheless, that if the swine (of such town so agreeing) shall, at any time, come within the bounds of any other town, they shall, in all respects, be under the regulations of this act, as fully as if no such agreement had been made; unless such other town, whereinto such swing shall come, as aforesaid, shall also agree as aforesaid.
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AN ACT for the punishment of theft.
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 whosoever shall steal, or purloin any money, or chattels, and be thereof convicted, by confession, or other sufficient evidence, every such offender shall forfeit and pay treble the value of the money, goods, or chattels, so stolen, or purloined, unto the owner or owners thereof; and be further punished by fine, at the discretion of the court, assistant, or justice, that hath cognizance of such offence, not ex- ceeding ten pounds.
And if the value of the money, goods, or chattels, so stolen, amount to the sum of six pounds, such offender, stealing the same, to that value, shall, besides the aforesaid forfeiture, be further punished by whipping, not exceeding thirty- nine stripes, for one offence.
And if any such offender be unable to make restitution, and pay such three-fold damages, such offender shall make satisfaction by service ; and the prosecutor shall be, and is hereby impowered to dispose of such offender in service, to any subject of this State, for such time as he shall be assigned to such prosecutor by the court, assistant, or justice, before whom the prosecution shall be.
And if any person or persons shall conceal any theft, or receive any stolen goods, knowing them to be such, every such person so concealing, or receiving, shall suffer, and be punished, as he or they who commit the theft.
And that every assistant, and justice of the peace, in the county where such offence is committed, or where the offender is apprehended, is hereby authorised and impowered to hear and determine all offences against this act .- Provided, the value of the money, goods, or chat- tels stolen, do not exceed the sum of ten pounds ; any law, usage, or cus- tom, to the contrary notwithstanding.
AN ACT for appointing County Surveyors in the Counties ; and for directing and regulating them, in the execution of their office.
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 there shall be appointed by the General As- sembly, from time to time, as there shall be occasion, one or more per- sons in each county in this State, to be public of county surveyors,or surveyors for laying out of lands, and for the running of the bounds of lands already laid out, according to their original grants, as need shall re- quire; and for the running of lines, and other services proper for a sur- veyo" to do; who shall be sufficiently skilled in the survey or's art, and be furnished with instruments suitable and sufficient for that service. And being appointed and qualified as aforesaid, shall have full power and
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authority to execute said office, in the respective counties for which they are or shall be appointed.
That when, and so often as any county surveyor shall be employed in laying out any grants of land, renewing boundaries that are lost, or run- ning any line, or doing any service in his office, and there be occasion for carrying the chain to measure the lines ; that the men employed to carry the chain,shall take the oath by law appointed for them ; which oath such surveyor is hereby fully impowered to administer to sach chain- men as he calls to his assistance, as aforesaid.
That when a county surveyor is called out to run any line between adjoining proprietors, and that, in order to find the course from boundary to boundary, he is obliged to run a random line to find the certain and true course, and in so doing runs on the land of adjoining proprietors ; such surveyors shall not be deemed guilty of trespass in so running such random line, but may lawfully do the same .- Provided, he do the said service in either the months of March, April, October, or November.
Be it further enacted by the authority aforesaid, that if any person or persons shall, by any way or means, oppose, hinder, or interrupt any county surveyor, in the due execution of his office; or shall, by any way or means, oppose, hinder, or interrupt any committee appointed by the General Assembly to run, fix, or ascertain the bounds or lines be- tween particular townships, or proprietors, or for other business ; or any other person by them employed to assist in the running and fixing any such line, or doing any other business such committee are appointed to do ; every such offender shall incur the penalty of five pounds, and be bound to his good behaviour, with one or more sureties, at the discretion of the court that hath cognizance of such offence; the one moiety of which penalty to be paid to the treasurer of the county wherein the of- fence is committed, and the other moiety to the person who shall prosc- cute the same to effect.
AN ACT for regulating the election of Governor, Deputy-Governor, Council, and Treasurer.
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 constables in the several towns in this State, without further order, shall, by themselves, or some person deputed by them, warn all the freemen in their respective towns to meet together at some suitable place by them appointed in said town, on the first Tues- day of September annually, at nine of the clock in the morning ; at which time shall be read the freemen's oath, and the last paragraph of this act, against disorderly voting; who then shall proceed first to choose repre- sentatives to attend the General Assembly for the year ensuing, on the second Thursday of the succeeding October. Then the freemen shall proceed to bring in to the constable present, the name of him whom they would choose to be governor for the year ensuing, fairly written on a
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piece of paper ; which the said constable shall receive, and, in the pres- ence of the freemen, seal up the same in a piece of paper, and write on the outside of the paper so scaled, the name of the town, and then add these words, viz. Votes for the Governor-in like manner for the depu- ty-governor, and treasurer. Then said constable shall call upon the free- men to give in their votes for twelve assistants, or councillors, for the year ensuing, with their names fairly written ; which votes shall be count- ed and sorted by said constable, who shall then make a proper list, on one sheet or piece of paper, of the names of the several persons voted for, with the number of votes for each person affixed to his name; which paper shall be sealed up by said constable, in the presence of the free- inen, and wrote on the outside, the name of the town, and then these words, viz. Votes for Assistants, or Councillors, and delivered to one of the representatives chosen for said town to attend the General Assembly, who shall deliver the same to said Assembly.
And, at the opening of the General Assembly, there shall be a com- mittee appointed out of the Council and Assembly, who, after being duly sworn to the faithful discharge of their trust, shall proceed to receive, sort, and count the votes for the governor, and declare the person who has the major part of the votes, to be governor for the year ensuing : and if there be no choice made, then the Council and General Assembly, by their joint ballot, shall make choice of a governor; and the deputy-gov- ernor and treasurer shall be chosen in like manner.
Then said committee shall proceed to receive, sort, and count the votes for the councillors, and the twelve highest in nomination shall be declared to be chosen councillors or assistants, for the year ensuing.
And be it further enacted by the authority aforesaid, that if any con- stable shall refuse or neglect to attend such order as aforesaid, (annually) he shall forfeit and pay to the treasury of the town, the sum of five pounds, for every such neglect.
And if no constable be present at such freemen's meeting, an assistant, justice of the peace, or one or more of the select-men of said town, shall supply the place of the constable.
Be it further enacted by the authority aforesaid, that every man of the full age of twenty-one years, having resided in this State for the space of one year next before the election of representatives, and is of a quiet and peaccable behavior, and will take the following oath (or affirmation) shall be intitled to all the privileges of a freemen of this State, viz :-
You -- solemnly swear by the ever living God, (or affirm in presence of Almighty God) thut whenever you are called to give your rote or suffrage, touching any matter that concerns the State of Ver- mout, you will do it so as in your conscience you shall judge will most conduce to the best good of the same, as established by the constitution, without fear or favor of any man.
Be it further enacted by the authority aforesaid, that no person shay be admitted to take the freeman's oath, until they have obtained the ap- probation of the select-men of the town, signifying that they are qualified
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according to this act ; which oath any one assistant, justice of the peace, or town-clerk, in their absence, is hereby impowered to administer.
And all such persons, admitted and sworn as aforesaid, shall be free- men of the corporation, and their names shall be enrolled in the roll of freemen, in the town-clerk's office of that town wherein they are admit- ted as aforesaid.
And that if any freeman of this corporation shall walk scandalously, or commit any scandalous offence, it shall be in the power of the superior court in this State, on complaint thereof to them inade, to disfranchise such freeman ; who shall stand disfranchised, until, by his good behavior, the said superior court shall see cause to restore him to his franchisement or freedom again ; which the said court is impowered to do.
And if any person that is not a freeman of this State, admitted and sworn according to law, shall presume to vote, or give in his proxy, in the election of any of the members of the General Assembly, governor, or deputy-governor, treasurer, or councillor ; or if any freeman shall put in more than one vote or proxy for one person, in the same election, to one office, he shall pay a fine of five pounds to the treasurer of the town where such offence is committed.
AN ACT directing Town-Clerks in their office and duty.
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 town-clerk, or register, in every town in this State, shall record all marriages, births, and deathis, of persons in their towns; and that all parents, masters, executors, and administrators, respectively, shall bring in to the clerk of the town to which they belong, the names of such persons belonging to them, that shall be born, or die ; also, that every new-married man shall bring the time of his marriage, sufficiently proved, either by certificate from him that married him, or by other legal proof, to the clerk,-within one month after such marriage, birthi, or death. And every person neglecting, shall forfeit the sum of four shillings ; and for every month after the said first month, four shil- lings.
And the clerks of every town shall, as far as they can come at, give in an account of all such neglects to the grand jury, who shall make pre- sentinent thereof to the next assistant, or justice of the peace :- which forfeitures shall be paid to the town-treasurer.
Be it further enacted by the authority aforesaid, that there shall be a suitable book or books for registering, kept in each town in this State, (at the cost of the town) with an index or alphabet to the same; in which book or books, the town-clerk shall record every man's house and lands, granted and measured out to him, with the bounds and quantities of the same, and date the time of his entering all such records.
And the town-clerk in each town, shall keep the town book or books, in their respective towns, and shall truly enter in the said book or books,
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all votes of the said town, grants, or conveyances of lands, choice of town officers, and other town acts and matters, upon his oath ; (except when, at any town-meeting, he shall necessarily be absent) and shall grant copies of the same, as need shall require, for reasonable satisfaction.
AN ACT for laying out and altering Highways.
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 where a new highway, or common road, from town to town, or place to place, shall be found necessary, and where old highways, with more conveniency, may be turned or altered ; that, upon any person or persons making application, the select-men of each town, respectively, be, and are hereby impowered, by themselves or others whom they shall appoint, to lay out, or cause to be laid out, such roads, and likewise private ways, for such town only, as shall be thought neces- sary, so as no damage is done to any particular person in his land or property, without due recompence be made by the town, as the select- men and the parties interested may agree : but if such owners or propri- etors shall not be satisfied with what the select-men offer by way of re- compence for their damage, they have liberty of making application to one assistant or justice of peace, who is hereby impowered to grant a summons to the sheriff' of the county, or constable of such town, to cause to appear before him, not more than seven, or less than three freeholders, who, being sworn,shall appraise the damages, and make final order there- on. And if it be found there were no grounds of complaint, the com- plainer shall pay all charges arising thereby.
That if any person, being summoned to serve as aforesaid, shall neg- lect to attend the same, he shall incur the penalty of twenty shillings to the town treasurer where such person dwells ; to be recovered by bill, plaint, or information.
Be it further enacted by the authority aforesaid, that the select-men aforesaid shall make, or cause to be made, a true survey of all such roads or highways; which shall be recorded in the town-clerk's office in their respective towns.
Always provided, that the cost arising by surveying and laying out all roads, together with all damages that shall be found due to the owner of said lands, be, and is hereby ordered to be paid out of the town treasury of the town wherein such road lieth.
Be it further enacted by the authority aforcesaid, that where allow- ance is made for highways, in, or adjoining, any lot of land, that the owner shall not be intitled to any damages ; but the roads to be laid as above.
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AN ACT for making and repairing public High-Ways.
Be it enacted, &c. that there shall be to the amount of four days work to each male person, from sixteen years old to sixty, (except ministers of the gospel, improved within their respective towns) for making and re- pairing high-ways, in the following manner, viz ; the select-men of each town shall make a rate on the list of the polls and rateable estate of each town, to the amount of four days to each person as aforesaid, at eighteen shillings per day, and deliver the same, or a copy thereof, to each surveyor within the respective towns ; who shall warn the inhabitants of their respective towns to work at high-ways, to the amount of their rates, at eighteen shillings per day, between the fifteenth day of May and the fifteenth day of June, and between the fifteenth day of September and fifteenth day of October annually.
And if any person or persons shall refuse or neglect to do their propor- tion of their respective rates, according to the warning, they shall forfeit and pay thirty shillings, in lieu of every day's work they neglect to per- form, provided they have three days warning.
Be it further enacted, &c. that the surveyors of high-ways shall make return of all the persons so neglecting, their names, and number of days, within six days after such neglect, to the next assistant, or justice of the peace : and if the said person or persons doth not, within six days next after such return, shew sufficient reason why he did not comply with the order of such surveyor, then the said assistant, or justice of the peace, shall grant his warrant against the goods or chattels of such delinquent or delinquents, directed to the sheriff, his deputy, or constable of the town where the delinquents dwell, to collect the forfeitares, together with addi- tional cost ; which money shall be delivered to such such surveyor, to be by him laid out for the purpose of making and repairing highways :--- such goods or chattels shall be, by said officer, sold at public vendue, after having been posted at least ten days before such sale, and the overplus, if any there be, to be returned to the owner.
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