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 39
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And that the surveyors shall have power to order out such number of persons as they shall think proper, to mend the roads, on any extraordi- nary occasion, at any time; and the pay therefor shall be deducted out of such persons rates who shall do such labor.
AN ACT for the regulating Ferries and Ferriages within this State.
Whereas, it has been found by experience, that great advantage (of travellers and others) has been taken, by ferrymen demanding an unrea- sonable price for ferrying-and whereas this assembly cannot so know- ingly distinguish between the several rivers, and the several parts of the same river, pond, or lake, on account of distance, swiftness of water, number of travellers, &c .- Therefore, to prevent such impositions for the future,
Be it enacted, &c. that the magistrates, select-men, and constables of
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the several towns where ferries are needed, shall meet before the first day of Angust, annually, at time and place by them agreed on, and appoint .. proper persons and places for ferries, and provide suitable roads to and from the same : and further regulate the price thereof, according to the profits of such ferries, and the price of labor, to be varied from time to time, as occasion shall require.
And where two or more towns shall border on the same river, pond, or lake, opposite to each other, being within this State,
Be it further enacted, &c. that the magistrates, select-men, and con- stables of such towns, shall meet together for the purposes, and by the time aforesaid.
And if any person or persous shall violate this act, by demanding any greater sum for ferriage, than that stated by the authority aforesaid, he or they shall, for every such offence, forfeit the sum of fifteen shillings; one half to the informer, and the other half to the town treasurer where such offence is committed; to be recovered by bill, plaint, or information, be- fore any one assistant or justice of the peace, in the county where such offence is committed.
AN ACT for the appointment and regulating Attornies.
For the well ordering proceedings, and pleas at the bar,
Be it enacted, &c. that the superior and county courts in this State, shall appoint, and they are hereby impowered to approve of, nominate, and appoint, attornies in this State, as there shall be occasion, to plead at the bar; which attornies shall, before such court, take the following oath, viz :-
You swear, by the ever living God, that you will do no falsehood, nor consent to any to be done in the court ; and if you know of any to be done, you shall give knowledge thereof to the judges, or justices of the court, or some of them, that it may be reformed :-- you shall not, wittingly and willingly. or knowingly, promote, sue, or pro- cure to be sued, any false or unlawful suit, nor give aid or consent to the same ;- yon shall demean yourself in the office of an attorney with- in the court, according to the best of your learing and discretion, aud with all good fidelity, as well to the court, as to the client. So help you God.
The administration and taking of which oath, together with the said appointment, shall be registered by the clerk of said court, and be a suf- ficient evidence of his admission as an attorney at the bar.
And that no person (except in his own case) shall be admitted to make any plea at the bar, in any superior or county court, but such as are al- lowed and qualified attornies as aforesaid, except he obtain special liberty from said court.
And whosoever shall transgress the rules of pleading appointed by any court, shall be liable to suffer such fine for every such offence, as the said courts shall impose, not exceeding the sum of five pounds.
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'T'hat in all cases whatsoever, there shall be allowed but one attorney on a side, to plead at the bar.
And the fees of such attornies shall be as stated in the table of fees. And the party that shall recover judgment shall have his attorney's fees according to the above regulations, allowed as part of cost of trial.
And be it further enacted, Sc. that in each county in this State there shall be one State's attorney, who shall prosecute, manage, and plead, in the county where he is appointed, in all matters proper for and in behalf of this and the United States ; which attornies shall be appointed by the respective county courts.
And that the several attornies who shall be allowed and appointed as aforesaid, shall, from time to time, be under the directions of the courts before whom they shall plead, who shall and may displace, and wholly suspend any of said attornies, or fine them, as is before, in this act, pro- vided.
Be it further enacted, &c. that no attorney's fees be allowed, or taxed, in any bill of cost in any justices' court, any thing in this act notwith- standing.
AN ACT for the punishment of Drunkennesss.
Be it enacted, &c. that if any person shall be found drunken, so that he, or she, be thereby bereaved and disabled in the use of his or her rea- son and understanding, appearing either in his or her speech, gesture, or behavior, and be thereof convicted, he or she shall forfeit, as a fine, the suin of eight shillings for every such offence, to the treasurer of the town where the offence is committed, for the use of the poor therein ; and for want of goods whereon to make distress, the offender, or offenders, shall sit in the stocks, there to remain not to exceed three hours, nor less than one hour.
AN ACT against profane swearing and cursing.
Be it enacted, &c. that if any person or persons within this State, shall swear profanely, either by the holy name of God, or any other cath; or sinfully and wickedly curse any person or persons-such person, so of- fending, shall, upon conviction thereof, before one assistant or justice of the peace, forfeit and pay for every such offence, the sum of six shillings. And if such person or persons, so convicted, shall not be able, or shall refuse to pay the aforesaid fine, he or they shall sit in the stocks, not ex- ceeding three hours, and not less than one hour, for one offence, and pay così of prosecution.
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AN ACT directing Constables in their office and duty. -
Be it enacted, &c. that one constable in each respective town in this State, shall be chosen to levy and gather the State's tax in such town; and it shall be his duty to collect such tax, when properly authorised thereto by the treasurer, and shall also make up his accounts with the treasurer.
Be it further enacted, &c. that every person tendered to any consta- ble of any town in this State, by any constable, or other officer belonging to any of the neighboring States, with a warrant from any of their an- thority, shall presently be received, and forthwith conveyed from consta- ble to constable, by the respective constables in this State, until such per- son shall be brought unto the place to which he or she is sent, or before some assistant or justice of the peace in this State, who shall dispose of him or them as thre justice of the case shall require.
'That every constable shall duly receive all hue-and-cries, and the same diligently pursue to full effect ; such as are granted and sent out after cap- ital or criminal offenders, at the cost and charge of this State; but such as are taken out by particular persons, in their own cases, at the cost and charge of those who take them out.
That every constable within this State, is hereby authorised, and fully impowered. to put forth pursuits, or hue-and-eries, after murderers, peace breakers, thieves, robbers, burglarers, and any other capital offenders, where no magistrate or justice of the peace is near at hand :- as also, without warrant, to apprehend such as are overtaken with drink-guilty of profane swearing, sabbath-breaking, lying ; also vagrant persons, and unseasonable night-walkers ;- provided they be taken and apprehended in the fact, either by the sight of the constable, or present immediate in- formation of some others :- as also, to make search for all such persons, either on the sabbath, or other days, when there shall be occasion, in tav- erns, and other suspected places or houses; and those to apprehend, and keep in safe custody, till opportunity serves to bring them before the next assistant or justice of the peace, for further examination, in order to their being proceeded against, according to law.
That each and every constable shall have power and authority to serve and execute such lawful precepts, writs, or warrants, as are directed to them from law ful authority, within the town only where he belongs : and shall have the power of water-bailiff's in the several respective towns in this State, when and where there shall be occasion for the same.
Provided nevertheless, that when any constable is employed or com- manded by any assistant or justice of the peace, to apprehend or arrest any person or persons, he shall not do it without a warrant in writing.
Be it further enacted, &c. that all constables may, and from time to time shall make diligent search, throughout the limits of their town, upon the Lord's days, and on all other times, as oft as they shall be informed, or see cause, for such offenders as shall lie tippling in any inn, or house of entertainment, or private house, excessively, or unseasonably ; and after such as retail strong drink without licence : and also warn all those that frequent public houses, and spend their time there idly, to forbear; and
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also warn all those that keep such houses, not to suffer any such persons in their houses: and to make due presentmient of all breaches of law (coming within their knowledge) to some authority proper to receive the same, once in every month.
And if upon due information; any constable shall refuse or neglect to make such search, seizure, and presentment, and be thereof legally con- victed, he shall pay a fine of five pounds to the treasury of the town whereto he belongs.
And the better to enable, and more effectually to oblige the respec- tive constables to excente their office.
Be it further enacted, &c. that if any person shall refuse, at any time, to assist any constable in the execution of his office, being by him duly thereunto required, he shall forfeit five pounds.
And if it appear that any person shall wilfully, obstinately, or con- temptuously refuse to assist such constab !? , as is before expressed, he shall forfeit and pay to the use of the town where the offence is commit- ted, ten pounds : the said offence to be heard and tried by an assistant, or justice of the peace.
And if any constable, or other person, upon urgent occasion, shall refuse to use his best endeavors in raising and prosecuting hue-and-cries, either by foot or upon horse (if need be) after capital offenders, he shall forfeit the sum of forty shillings to the use aforesaid ; and to be deter- mined as aforesaid.
AN ACT against counterfeiting bills of public credit, coins, or curren- cies ; and emitting, and passing bills or notes on private credit ; and to prevent injustice in passing counterfeit bills.
Be it enacted, &c. that whosoever shall presume to forge, counterfeit, or alter auy of the bills of credit of this or the other American States, that now are, or hereafter shall be, by law emitted, and established cur- rent, either in this or any of the aforesaid States ; or that shall utter or put off any such forged, counterfeit, or altered bills, or coin, knowing them to be such ; or that shall counsel, advise, procure, or any ways assist in the forging, counterfeiting, iniprinting, stamping, altering or signing of any false, forged, and counterfeit bill or bills, or coins, knowing them to be such ; or shall engrave any plate, or make any other instrument to be used for that purpose ; every person or persons, so offending, being convicted thereof before any of the superior courts in this State, shall be punished by having his right car cut off, and shall be branded with the capital letter C, on a hot iron, amt be committed to a work-house, there to be confined and kept to work, under the care of a master, and not to depart therefrom without special leave from the Assembly of this State, until the day of his death, under the penalty of being severely whipped hy order of any court, assistant or justice, and thereupon to be returned
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to his former confinement and labor. And all the estate of any person offending as aforesaid, shall be forfeited to this State, and may be accord- ingly seized for that purpose, by order of the court before whom such of- fender is convicted.
And that such offenders may more effectually be discovered and prosecuted,
Be it further enacted, & c. that whosoever shall make discovery, and give information, of such vile and wicked practices of making and alter- ing any such bills or coins ; or of making any of the instruments afore- said ; or of aiding therein, so that the person or persons guilty thereof, be tendered to justice, and convicted ; every such informer shall have and receive as a reward for his good service in discovering and informing as aforesaid, the sum of ten pounds.
And the more effectually to prevent the passing such counterfeit, forged, or altered bills, and injustice arising thereby,
Be it further enacted, &c. that when, and so often as it shall happen, that any such false, forged, altered, or counterfeit bill shall be brought to the treasurer of this State, or offered to him in payment of rates, or to be exchanged, he shall secure them ; and be is hereby authorised to seize and retain them, entering on the back thereof the name of the persons in whose possession they were, and then deliver the same into the hands of some authority, to be enquired into.
And every assistant, and justice of the peace, is hereby also authorised and impowered to seize and take into his custody every such bill, which he shall sec, observe, or have knowledge of, and the same to retain, en- tering on the backside thereof, the name of the person from whom he took the same; and at his discretion, to cause the person from whom he took such bill and lodged with him, to come before him, to be examined in the premises ; and to administer an oath to such person or persons, to declare of whom he or they received it ; and proceed in his inquiries, in manner aforesaid, after the author of the mischief, as far as such author- ity's discretion will guide him.
Be it further enacted, &c. that whensoever any person shall be the possessor of any such false or counterfeit bill, he shall (on his discovering it to be such) deliver the same to some assistant, or justice of the peace, and inform him, that he concludes the same to be false and counterfeit ; and if such assistant or justice shall suppose the same to be false, as aforesaid, he shall take the same, and write the name of the person of whom he received it, on the back of said bill, and that it was delivered to him as a counterfeit bill. And such person that so delivers up such bill, or from whom such bill is taken, in either of the methods aforesaid, may, after such delivery, or taking, go to the person of whom he received the same, and demand of him pay therefor, informing him where such bill is lodged.
And if the person of whom he received said bill, shall refuse or neglect to make him satisfaction therefor, he may bring his action for his damage,
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in not paying him for said bill, or for putting off' said bill to him, before any court, assistant, or justice of the peace, proper to try the same ; al- ledging the same to be taken or delivered up as aforesaid. And in the trial of any such case, if the bill be found to be false, forged, or counter- feit, to the satisfiction of the court that tries the same, the said court shall proceed to enquire into the equity of the cause, by examining the parties under otth, and taking any other evidences, as they shall judge just and right; and upon their finding, to their satisfaction, that such plaintiff received the same bill of the defendant for a true bill, they shall give judgment for the plaintiff, for his just damages and cost.
Provided aborys, such bill be delivered up, or taken as aforesaid, be- fore the plaintiff offered the same back to the person of whom he re- ceived it.
Provided also, that no person be prosecuted in form as aforesaid, but within one year after he puts off such bill ; which fact may be enquired into in form aforesaid.
Be it further enacted, that all and every person that hath, at any time, had any such bill that shall be taken from the possessor, or shall by the possessor be delivered up as aforesaid, and hath satisfied the person to whom he put off said bill, for the same, shall have the like liberty of pros- ecuting an:I taking remedy as aforesaid, against the person of whom he received the same.
And that every assistant or justice that shall have such bill in hand, shall, at the cost of the party, safely convey the same to any court where the same may be wanted in the trial of the case. And that if any court, assistant, or justice, had the possession of such false, counterfeit bill, the space of one year, lie or they shall destroy the same.
And whereas the putting out, and passing of bills, notes, or coins, to be used and improved as a general currency, or medium of trade, on private funds or credit, is an infringement on the right and power of the State, and would greatly depreciate the public credit, and tend to create confusion, injustice, and mischiefs amonst the subjects of this State :- Therefore,
Be it further enacted, &c. that if any person, society, number of per- sons, or company, within this State, shall presume to strike, emit, or put out, any bills of credit, of the nature or tenor of the bills of credit in this State, on any funds or credit of any person or persons, society, or com- pany, to be used and improved as a general currency, or medium of trade, as, and in lieu of money ; such person, or persons, society, or company, and every of them, shall be subject to the same pains, penalties, and for- feitures, and be punished in the same manner as those are by this act sub- jected to, who shall be convicted of forging or counterfeiting the bills of credit emitted by this State.
And that if any person or persons in this State, shall utter, vend, or pass, any bills, nos-s, or coins, or any other currencies whatsoever, which either have been, or hereafter shall be used as aforesaid, on the fund or credit of any private person or persons, society or company whatsoever,
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either in this or the neighboring States ; he or they, so offending, shall forfeit double the sum or value expressed in such bill, note, or other cur- rency ; the one half thereof to him or them that shall prosecute the same to effect, and the other half to the town treasurer, when the trial shall be before an assistant or justice ; `and to the county treasurer, when it shall · be before the county court.
And all grand-jurors and constables are hereby required to make pre- sentment of all breaches of this act.
AN ACT for authenticating Deeds and Conveyances.
For preventing fraudulent and uncertain sales of houses and lands,- and to the intent it may be better known what title or interest persons have in or to such estates as they shall offer to sale,
Be it enacted, &c. that henceforth, all deeds or conveyances of any houses or lands, within this State, signed and sealed by the parties grant- ing the same, having good and lawful right or authority thereto, and at- tested by two or more witnesses, and acknowledged by such grantor or grantors, before an assistant or justice of the peace, and recorded at length in the town clerk's records where such houses and lands do lie, shall be valid to pass, without any other act or ceremony in the law what- soever. And that no bargain, sale, or mortgage, or other conveyance, of honses or lands, made and executed within this State, shall be valid in law, to hold such houses and lands against any other person or persons but the grantor or grantors, and their heirs only, unless the deed or deeds thereof, be acknowledged and recorded, in mauner as is before expressed.
Provided nevertheless, that when, and so often as it shall happen, that any grantor shall live in parts beyond the sea, or be removed out of this State, or be dead before any deed or conveyance by him or her so made, be acknowledged as aforesaid; or in case the grantor or vendor neglects or refuses to acknowledge, as before mentioned, being thereto required by the grantec or vendee, his, her, or their attorney, executors, administra- tors, heirs, or assigns ; in every such case, the proof of such deed or conveyance, made by the oath of the witnesses, before an assistant, or judge of the superior or county court, shall be esteemed in law, equiva- lent to the party's own acknowledgment thereof.
Be it further enacted, &c that any mortgagee of any lands or tene- ments, his or her heirs, executors, or administrators, having received full satisfaction and payment of all such sum or sms of money, shall, at the request of the mortgager, his heirs, executors, or administrators, acknowl- edge and cause such satisfaction and payment to be entered in the mar- gin of the records of such mortgage, and shall sign the same; which shall thereafter, forever discharge, defease, and release sneh mortgager, and perpetually bar all actions to be brought thereupon, in any court of record.
And if such mortgagee, his or her heirs, executors, or administrators, shall not, within ten days next after request in that behalf made, and
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tender of his or their reasonable charges, repair to the records, and there make and sign such acknowledgment as aforesaid, or otherwise sign and seal a discharge of the said mortgage, and release and quit claim to the estate therein mentioned to be granted, and acknowledge the same before an assistant or justice of the peace, he, she, or they so refusing, shall be liable to make good all damages for want of such discharge or release, to be recovered by action or suit in any court of record : and in case judg- ment pass against the party so sued, he, she, or they, so cast, shall pay the adverse party treble cost arising upon such suit.
Be it further enacted, that the town clerks in the several towns in this State, shall fairly enter and record at length in their records, all deeds, conveyances, and mortgages of lands, tenements, rents, or other heredit- aments, lying and being within the town where such clerk's records are kept, within this State,-made, executed, and acknowledged or received in manner aforesaid, which shall be brought to him to record; and shall, on receipt thereof in his office, note thereon the day, month, and year, when he received the same, and the record shall bear date accordingly.
Provided also, that where there are no inhabitants in such town, and consequently no town clerk or register, in every such case, such grants or deeds shall be recorded in the town clerk's record in the next adjoining town: and in case there is no clerk's office in any adjoining town, then such grants or deeds shall he recorded in the records of the county clerk in the county where the lands are, any thing in this act to the contrary notwithstanding.
And be it enacted, that if any town clerk or register, within this State, shall neglect to do and perform his duty according to this act, and be thereof convicted, he shall pay a fine of five pounds to the treasurer of the town whereto he belongs, for every such neglect.
Be it further enacted, that any person or persons, having signed, scal- ed, and delivered, a deed or grant of land, or buildings, and shall refuse to acknowledge the same ; in such case, the person or persons to whom such deed or grant was made, shall make application to an assistant or justice of the peace (who are hereby authorised to hear and determine the same) for a warrant to bring such person or persons immediately be- fore him, and shew cause, if any there be, why he refuses to acknowledge the said deed or grant ; and if it doth not appear to the said assistant or justice of the peace, that the said grantor has just grounds to refuse to acknowledge the same; and he or they still continuing to refuse, the said assistant or justice of the peace, may commit the said grantor or grant- ors to goal, there to remain until he or they do acknowledge the said grant or deed.
Provided always, that the party grieved have liberty to appeal from the judgment of said assistant or justice of the peace, unto the next county court in said county ; and either party shall be debarred from making any conveyance of said premises, in the mean time, or until the matter be determined by said county court.
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