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 41
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And whatsoever creditor shall not make out his or her claim, with such commissioners, before the full expiration of the time set and lim- ited for that purpose, as aforesaid; such creditor shall forever after be debarred of his or her debt, unless he or she can shew or find some oth- er or further estate of the deceased, not before discovered and put into the inventory.
And be it further enacted, that when it shall happen the personal estate of a deceased intestate, leaving a widow, is not sufficient for the payment of the debts of the said deceased, besides such household goods as are necessary for the support of life, and are exempted from execu- tion, in the law, intitled, " An Act for directing and regulating the lev- ying and serving executions ;"-in such cases, the court of probate that grants administration of the estate of the deceased, shall order unto the widow of the said deceased, such necessary household goods as are expressed in said act, for use during life.
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LAWS PASSED, FEBRUARY, 1779.
AN ACT for the preservation of Deer.
Be it enacted, &c. that no person or persons whatsoever; within this State, at any time between the tenth of January and the tenth of June uext following, in each year, annually, forever hereafter, shall any ways · whatsoever, kill or destroy, directly or indirectly,any buck, doe, or fawn, on pain that every such person, so offending, and being thereof couvict- ed, shall forfeit and pay for every such offence, the sum of fifteen pounds; the one moiety thereof to the person or persons that shall prosecute the same to effect, and the other moiety to the treasury of the town in which the conviction is made.+
And if any person or persons, so convicted, shall be unable to satisfy such judgment, such offender shall be, by the assistant or justice of the peace before whom the offender is convicted, put to, and assigned in service, to the complainer, or some other meet person, a sufficient term of time for the answering such judgment.
Any one assistant, or justice of the peace, shall hear and determine any offences committed against this act.
And the more effectually to detect such offences,
It is further enacted, that if any venison, skin or skins, of any buck, doe, or fawn, newly killed, shall, at any thue, wherein the killing there- of is by this act prohibited, be found with, or in possession of, any per- son or persons whatsoever ; such person or persons shall be held and ac- counted guilty of killing deer, contrary to the intent of this act, as hilly as if it was proved against such persons by sufficient witness, viva voce ; unless such person or persons do bring forth, or make proof who was the person or persons that killed or sold the same; or unless such person can satisfy the judge, before whom the case is tried, that he or they were not the killers, but that the venison, skin or skins were thrust into his or their custody or possession, by some other person, to insnare him or them : in either of which cases, they shall not incur the penalty afore- said.
That it shall and may be lawful for any person, on just cause of sus- picion of the breach of this act, by killing any buck, doe, or fawn, as aforesaid, to take out a search, from the next assistant, or justice of the peace, as in ordinary cases of lost or stolen goods, or the like, to search for venison or skins, that such offenders may be detected.
And the grand-jury-men, and constables, in the respective towns, are hereby strictly required to make diligent enquiry after, and presentment or information make, of all breaches of this act ; who, upon their prose- cution thereof, shall have the same reward as other informers by this act are intitled to.
AN ACT for preventing and punishing Riots and Rioters.
Be it enacted, &c. that when three persons, or more, shall come of assemble themselves together, to the intent to do any unlawful act, with force and violence, against the person of another, as to kill, beat, or other-
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wise to hurt ; or against his possessession, or goods, as to break open, or to pull down any house, building, or fence, wrongfully ; or to cut or take away corn, grass, wood, or other goods, wrongfully ; or to do any other unlawful act, with force or violence, against the peace, or to the mani- fest terror of the people; and being. required or commanded by any of the civil authority, by proclamation, to be made in the form herein after di- rected, shall not disperse themselves, and peaceably depart to their hab- itations or lawfal busines ; or, being so assembled as aforesaid, shall do any unlawful act against the person, possessions or goods of any man; or against the public interest, in any particular, in manner as aforesaid, and be thereof convicted before the county or superior court, in the county where this law shall be transgressed and broken, shall be punished by fine, not exceeding, for each person, the sum of two hundred pounds ; imprisonment, not exceeding six months, or by whipping, not exceed- ing forty stripes : and the number convicted shall pay all damage to the aggrieved patty, as shall arise by such disorder, together with cost. And whensoever it shall so happen, that there be a number who trans- gress this law, and one or more of them is unable to pay the damage and cost, the damage and cost shall be paid by the persons who are offen- ders with them, and are of ability to pay the same :-
Any, or all of the aforesaid punishments, at the discretion of the court that hath cognizance of such offence, as the nature and circumstances of the fact shall require.
That the order and form of the proclamation before-mentioned, shall be as followeth,-that is to say,-the person authorised by this act, shall, among, or as as near as he or they can safely come to said rioters, with a loud voice command, or cause to be commanded, silence to be, whilst proclamation is making ; and after that, shall openly, and with a loud voice, make proclamation in these words, or like in effeet, viz.
In the name of the freemen of this State, I commaud all persons, bc- ing assembled, immediately to disperse themselves, and depart to their habitations, or to their lawful business, upon the pains contained in the luw of this State, intitled, an act for preventing and punishing riots and rioters.
And every assistant, justice of the peace, sheriff, under-sheriff, select- man, on constable, within their respective jurisdictions, are hereby au- thorised, impowered, and required, on notice or knowledge of such un- lawful and riotous assembly, to resort to the place where such assembly shall be, and there make proclamation as aforesaid.
Be it further enacted, that if such persons, so unlawfully assembled, or any three or more of them, after proclamation made as aforesaid, shall continue together, and not disperse themselves; that then it shall and may be lawful, to and for every assistant, justice of the peace, sheriff, un- der-sheriff, select-man, or constable, where such riotous assembly shall be, and to and for such other person or persons as shall be commanded to be assisting to such assistant, justice of the peace, sheriff, under-sheriff, select-man, or constable -- who are hereby authorised and impowered to command all the inhabitants of this State, to be assisting them therein- to seize and appreliend, and they are hereby required to seize and appre.
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hend such persons, so unlawfully and riotously continuing together, after proclamation made as aforesaid ; and forthwith to carry the persons, so apprehended, before some assistant, or justice of the peace, in order to their being proeceded against, according to law.
And if any of the persons, . so unlawfully and riotously assembled, shall happen to be killed, maimed, or Imrt, in dispersing, or apprehend- ing, or in endeavoring to disperse or apprehend them, by reason of their resisting the persons so dispersing, or endeavoring to disperse or appre- hend them ; that then, every such assistant, justice of the peace, sheriff, under-sheriff, select man, or constable, and all and singular the persons being aiding and assisting to them, or any of them, shall be freed, discharged, and indenmified, from any bill, complaint, indictment, or ac- tion, that may be commenced against them, on that account.
Be it further enacted, that if any person or persons do, or shall, for- cibly, wilfully, and knowingly, oppose, obstruct, or in any manner, wil- fully and knowingly oppose, let, hinder, or hurt, any person or persons that shall begin or attempt to proclaim, according to the proclamation hereby directed to be made, whereby such proclamation shall not be made,-and be thereof convicted by due course of law, shall forfeit or suf- fer in manner and form as aforesaid.
And that all and every such person or persons, so being unlawfully and riotously assembled, to the number of three as aforesaid, or more, to whom proclamation should or ought to have been made, if the same had not been hindered as aforesaid, shall, likewise, in case they, or any of them, to the number of three, or more, shall continue together, and not immediately disperse themselves, after such let or hindrance, so made, having knowledge of such let 'or hindrance so made, and be thereof convicted by due course of law, shall forfeit, suffer, or be punished, in manner and forni as aforesaid.
Provided always, that no person or persons be punished, by virtue of this act, unless prosecution be commenced within six months after the offence is committed.
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AN ACT for appointing of Sheriffs ; and for impowering and regulating them in the execution of their office.
Be it enacted, &c. That there shall be a sheriff appointed, according to the constitution, and duly qualified to execute the sheriff's office, in each of the connties in this State, who shall become bound before the Governor and Council, with two sufficient sureties, freeholders in this State, by a recognizance, in the sum of two thousand pounds, for the faithful administration and discharge of said office, and for the answering all such damages as any person or persons shall sustain, by any unfaith- fulness or neglect in the same ; and before he executes said office, shall, before the governor, or in his absence, the deputy governor, take the oaths required by law, to be taken by such as execute the said office; and shall receive a warrant or commission from the governor, or in his
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absence, the deputy governor, expressing him to be elected and qualified as aforesaid, authorizing him to execute said office. And every person, being so commissioned, shall be accounted lawful sheriff of the county for which he is appointed ; and shall have full power and authority to serve and execute all lawful writs, within their respective counties, to them directed, coming from lawful authority : and shall have and exe- cute the power of water bailiff's, which is hereby amexed to the sheriff's office.
And also shall have full power, within their respective counties, to conserve the peace, and to suppress, with force and strong hand, when the necessity of the case shall so require, all tumults, riots, routs, and other unlawful assemblies ; and to apprehend, without warrant, all such as they shall find so as aforesaid, appearing in the disturbance of the peace, and cause them to appear before the next assistant or justice of the peace, who may, as the cause, after examination thereinto, shall re- quire, bind over such offenders to the next county court, in that county wherein the offence is committed; which court, upon conviction, shall punish them, and every of them, agreeable to an act of assembly for pre- venting und punishing riots and rioters.
That the sheriff's aforesaid, shall have full power to command suitable persons within their respective counties,-such number of them as they shall judge needful-to assist them, in the execution of their office, in ev- ery branch thereof. And whosoever being of age and ability, and be- ing so commanded, shall neglect or refuse to yield his assistance to any sheriff, in the execution of his office, and be thereof convicted, before the county court of that county, shall pay a fine of twelve pounds, and charges of prosecution.
And each and every constable in this State shall, within their respect- ive towns, have power equal to what is hereby given to sheriffs, in their respective counties.
And in case great opposition shall be made against any sheriff, in executing lawful writs, or in serving lawful writs and processes; or in case there be a suspicion that such great opposition will be made; such sheriff'is hereby authorised, by and with the advice of two assistants, or one assistant and one justice of the peace, and of such other assistants and justices as may be present, to raise the militia of the county, or so many of them as they may judge needful, for the removing all opposition out of the way; and shall proceed therein, and be indemnified, as is provided by the law, intitled, an act for preventing and punishing mots and rioters.
And all military officers and soldiers, are hereby commanded to yield obedience to the sheriff's commands, in such cases, on the pains and pen- alfies hereafter mentioned.
That if any commissioned officer, or soldier, belonging to the militia of this State, shall neglect or refuse to obey the command of the sheriff, under the regulations aforesaid, and be thereof convicted before the count- ty court, such officer shall pay a fine of thirty pounds ; and every such soldier shall pay a fine of twelve pounds : and the charges which shall arise, and the damages which shall be sustained, upon such an occasion,
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shall be paid and satisfied out of the estates of him or them who are the occasion of it; and in case no estate, or not sufficient to answer the said charges and damages, can be found, it shall be paid out of the county treasury where such case shall happen ; and for want of money in the treasury of said county, it shall be paid out of the treasury of this State.
And the sheriff' is hereby authorised to seize and dispose of a suffi- ciency of the offender's estate, if to be found, to answer the charges and damages aforesaid.
And the wages of such officers, soldiers, and other persons, command- ed to the assistance of the sheriff, shall be thirty shillings per day for a. captain, twenty-four shillings for a subaltern, and twenty shillings for cach sentinel, or other person, employed in such service.
And the sheriff's shall have full power to search the houses, in their re- spective counties, for any persons they shall have warrants from proper authority to apprehend, in matters of delinquency, or of a criminal na- ture : and any person who shall refuse the sheriff entrance into his house, or threaten him if he does enter, or abuse him, or his assistants, when he or they do enter the house of any person, although it is by force, on such an occasion, and be thereof convicted before the county court, shall for- feit and pay a fine of one hundred pounds, and all damages that shall arise from such disorder.
And the constables shall have the like power and authority in their respective towns; and persons opposing them shall be subject to the same penalties.
And the sheriff's shall not return that they cannot do execution.
And the more effectually to oblige sheriff's and constables to perform the services of their offices,
Be it further enacted, that sheriffs and constables shall receive all manner of writs, in any places, or at any times within their counties or towns, when and wherescever they shall be tendered to them, and shall execute the same, and make return thereof, according to the directions therein given.
And any person may demand of the sheriff or constable to whom he delivers any writ, to give a receipt therefor, under his hand, wherein the names of the parties, the sum or thing in demand, the date of the writ, and of its delivery shall be contained ; and on his refusal, others present may set their hands as witnesses to such delivery.
And if such sheriff or constable shall not execute the writ, or shall neglect to make return thereof, or make a false or undue return; on complaint thereof, made to the court or justice to which it was returna- ble, the court or justice may enquire thereof, by the evidence produced; and if it be found in default, the court or justice may set a suitable fine upon him, and award damages to the party wronged ; having respect in- to the quantity and quality of the action, and the damages that might have happened to the aggrieved, by the delay.
Which process, against such sheriff or constable, shall be served at least fourteen days before the sitting of the court, wherein it is to be tried.
And that whensoever any sheriff' or constable shall be sued for not cx-
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LAWS PASSED, FEBRUARY, 1779.
ecuting any writ of execution, delivered to him to be executed, there shall be uo appeal or review allowed in any such case.
Provided, receipt be demanded, or received, of such officer, for such writ of execution, at the time of the delivery thereof, as is herein before provided.
Be it further enacted, that whenever any sheriff, or constable, by vir- tue of any writ of execution, shall seize any goods or chattels, to answer and satisfy such execution, and any person shall appear to receive such goods and chattels in his care, and shall give to such officer a writing, well executed by such person, therein expressing the receipt of such goods and chattels, and thereby promising to re-deliver the same to such officer, and shall fail of performing accordingly, and any action shall be brought by such sheriff or constable, against such person on such receipt, there shall be no appeal or review allowed or granted in such case.
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And that no sheriff, under sheriff, sheriff's deputy, or constable, shall be allowed to draw, or fill up, any writ, complaint, process, or declara- tion, in any case whatsoever ; nor appear in any court, as an attorney for, or in behalf of any person whatsoever.
And if it shall appear, in any case, that the writ, process, declaration, or complaint, was drawn or filled up by any sheriff, deputy sheriff, or constable, (their own cases excepted) the same shall be dismissed, and the plaintiff shall be non suited ; any law, usage, or custom to the con- trary notwithstanding.
And all processes, served by any sheriff or constable, shall be by them returned to the courts or justices before which the cases are to be tried, before the time set in the processes for trial.
Be it further enacted, that the sheriff's in each county in this State, be, and they are hereby impowered to depute, each of them, two meet persons, to act or officiate as under sheriffs; for whose conduct in said office the sheriff's are to be accountable.
AN ACT regulating Juries and Jurors.
Be it enacted, &c. that whensover any person shall be indicted for trea- son, felony, or other high-handed misdemeanors, which the superior court shall judge necessary, the sheriff attending such court, being ordered thereto, shall summon twenty-four freeholders of the vicinity for a grand- jury, eighteen at least of whom shall be impannelled and sworn to make due inquiry and presentment in the premises, in behalf of the freemen of this State; and if they do find the bill or indictment to be founded on good and sufficient evidence, they shall write on the bill or indictment,- a true bill; and if they do not find the bill or indictment to be supported by evidence they shall write,-bill not found ; in which case, the person su indicted shall be acquitted, otherwise the court shall proceed to trial; and, in like manner, shall the grand jury proceed with regard to indict- ments before the county courts : and the grand-jury summoned by the sheriff' to attend the superior court, shall be paid after the same rate as
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LAWS PASSED, FEBRUARY, 1779.
those summoned to attend the county court ; and for default or non-at- tendance, shall be liable to the like penalty.
Provided always, that where the sheriff is a prosecutor, or stands in the relation of father, son, or brother, by nature or marriage, to the prosecu- tor, or delinquent, or party ; landlord, or tenant, to the prosecutor, or delinquent, or party; the court shall order some indifferent person to summon the grand-jury.
Be it further enacted, that some convenient time before the sitting of the superior or county court, the clerk of such court shall issue out war- rants, directed to the constables of the several towns within the county where such courts are to sit, or so many of them as shall appear to him to be necessary, to summon so many able frecholders, as the warrant shall direct, to attend and serve as jurors at said court.
And the jurors to attend the superior or county cont, shall be som- moned to attend at eight of the clock on the second day of the sitting of such courts.
And the constable shall make timely return of the warrant to the clerk who granted the same, with an idorsement thereon, certifying whom he has smnmoned, for the purpose aforesaid ; on pain that every constable, neglecting his duty thereiu, shall forfeit and pay to the county treasury a fine, not exceeding five pounds, at the discretion of the judges of the court ; unless such constable shall seasonably make his excuse, to the acceptance of such court.
That if any juror, summoned as aforesaid, shall make his default of appearance, according to the directions of such warrant, he shall forfeit and pay unto the treasurer of the county wherein he dwells, the sum of thirty shillings; unless the court, before whom the action shall be tried, on hearing the excuses made in his behalf, shall judge them sufficient.
Be it further enacted, that when it shall so happen, that a sufficient number of jurors, summoned as aforesaid, do not appear; or if, by rea- son of challenges, or other just cause, there shall not be a sufficient num- ber of jurors to make up the pannel or pannels, the court shall order the sheriff' to fill up the jury or juries, by summoning a sufficient number of substantial frecholders of the vicinity.
Provided always, that where the sheriff stands in the degrees of rela- tion or connection, before recited in the regulations of the grand jury, some constable, or indifferent person, shall be ordered to summon the jurors.
And such jury shall be called the petit jury, and shall, in matters of dispute, determine the matter in issue, with the damages ; and in matters of a criminal nature, shall find the delinquent guilty or not guilty ; and the judges shall determine the punishment according to law.
Be it further enacted, that whensoever it shall be necessary for a jury to attend a justice's court, in matters of dispute, the parties may mutu- ally agree on the jury, and shall be advised thereto by the magistrate ; and upon refusal or neglect of either party, as also in criminal cases, or matters of delinquency, the following method shall be taken to procure and impannel a jury,-that is to say,
The constable shall write the names of eighteen respectable freemen
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or freeholders of the vicinity, on eighteen distinct pieces of paper of an equal size, and roll each peace up so that the name is not to be seen, and deliver them to the justice, who shall put them into a box, and shaking it, so that they shall mix together, shall draw out one, which person so drawn shall be one of the jury, unless excepted against, or challenged by either of the parties ; and so proceed drawing until he has drawn six that are not excepted against or challenged; or in case the first twelve are challenged or excepted against, and the parties do not agree to make choice as aforesaid, the last six shall be the jury ; and the jury shall be summoned by the constable, being thereto required by the justice : which jury slrall find the matter in issue, and damages, in matters of dispute ; and in matters of a criminal nature, or of delinquency, shall find the criminal or delinquent, guilty, or not guilty ; and the assistant or justice, or assistants and justices, shall determine the punishment according to ław.
Provided always, that whenever the constable shall stand in relation or connection before recited in the regulations of the grand-jury, some ir.different person shall be ordered to write the names of the eighteen freeholders aforesaid, and do all the duty of the constable prescribed in the foregoing paragraph.
And if any juror, drawn and summoned as aforesaid, to attend on a justices court, shall make default of appearance, he shall be liable to the same forfeiture as jurors for the superior or county court are, in such case, unless he shall make sufficient excuse as in that case.
And when it shall so happen that any one or more of the six jurymen, so summoned, cannot be had, and the parties will not agree on a person or persons to fill such vacancy, the constable, or person doing the consta- ble's duty, shall proceed to write the names of three times the number so wanting, on distinct pieces of paper, and deliver, and draw as before mentioned, and in that way fill such vacancy.
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