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 42
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Be it further enacted. that the judge or judges of any court, shall have power, if they judge the jury have not attended to the evidence given in, and the true issue of the case, in their verdict, to cause them to return to a second consideration of the case, and shall, for like reason, have power to return them to a third consideration, and no more.
And when the court have committed any case to the consideration of the jury, the jury shall be confined under the care of an officer appointed by the court, until they are agreed on their verdict : and the court may set a suitable fine, not exceeding ten pounds, upon such officer or jury- inan as shall be disorderly, or neglect or refuse a due attendance of their duties respectively, during their attending such court.
Be it further enacted, that whensoever any person shall be tried for life or limb, he may challenge thirty-five of the petit-jury ; and in all other cases, twice the number that are to be impannelled, may be chal- lenged.
That all juries shall have power and authority to choose their fore- man : which foreman shall declare their judgment or verdict.
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LAWS PASSED, FEBRUARY, 1779.
AN ACT for the ordering and preserving Sheep, &c.
Be it enacted, &c. that the inhabitants of the respective towns within this State, at their respective town-meetings, shall have power and au- thority to make necessary acts for the restraining of rams from going at large, and for securing their sheep from being destroyed by dogs ; and for . stopping hounds from worrying deer within their towns. .
And no damage shall be recovered against any person, for killing any dog or dogs, according to the orders of such town.
And the more effectually to prevent mischiefs being done, by dogs, to sheep in this State,
Be it further enacted, that when any person or persons, living in any town in this State, shall complain to any one of the select men of such town, of damages done among sheep, by their being wounded, worried, or killed by dogs, in the woods, or elsewhere, in such town, and shall in- form such select-man what, and whose dog they suspect did said mischief; sach select man shall consider such complaint, and any other matters that may be offered, to convince him of the reasonableness or unreasonable- ness of such suspicion ; and if he be satisfied there is great suspicion that the dog or dogs complained of have done said mischief, such select-man shall give sentence, that such dog or dogs shall be killed : after which it shall be lawful for any person to kill such dog or dogs.
And if, after such sentence be given, (such dog or dogs not being kill- ed) such mischief shall again be done by dogs, the owner of such sheep, worried, wounded, or killed by dogs, shall recover all his damages against the owner or owners of such dog or dogs, sentenced to be killed as afore- said : unless, upon trial, the owner or owners of such dog or dogs shall satisfy the court or justice before whom the trial is, that the damages were not done by his or their dog or dogs, sentenced as aforesaid.
Always provided, that the owner or owners of such dog or dogs, be notified of the sentence aforesaid, before the damages sued for was done : and that no prosecution, by virtue of this act, for such damages, be made after six days froin the time such damages are done.
AN ACT for the punishment of divers capital and other Felonies.
Be it enacted, &c. that if any person shall conspire, or attempt any invasion, insurrection, or public rebellion against this State; or shall, treacheronsly and perfidionsly, attempt the alteration and subversion of our frame of government, fundamentally established by the constitution of this State, by endeavoring the betraying of the same into the hands of any foreign power, he shall be put to death.
That if any man or woman shall lie with any beast, or brute creature, by carnal copulation ; such person shall surely be put to death, and the beast shall be slain and buried.
That if any man lieth with man-kind, as he lieth with a woman, both
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LAWS PASSED, FEBRUARY, 1779.
of them have committed abomination ; they both shall surely be put to death. Except it appear that one of the parties were forced, or under fifteen years of age ; in which case the party forced, or under the age aforesaid, shall not be liable to suffer the said punishment.
That if any person rise up by false witness, wilfully, and of purpose to take away any man's life ; such offender shall be put to death.
That if any person, of the age of sixteen years, or upwards, shall wilfully, and. of purpose, burn any house, barn, or out house, to the pre- judice or hazard of any person's life, he shall be put to death. Or if no prejudice or hazard to the life of any person, happen thereby, shall suffer such other severe punishment as the superior court shall determine, and also satisfy all damages to the wronged or aggrieved party.
That if any person, on purpose, and of malice forethought, and by lying in wait, shall cut out or disable the tongue, or put out an eye, or eyes, so that the person is thereby made blind ; or shall cut off all, or any of the privy members of any person, or shall be aiding or assisting therein, such offender shall be put to death.
That if any person within this State, shall blaspheme the name of Gon, the Father, SON, or HOLY Ghost, with direct, express presumption, and high-handed blasphemy ; or shall curse in the like manner ; such person shall be put to death.
AN ACT to prevent the return to this State, of certain persons therein named, and others who have left this State or either of the United States, and joined the enemies thereof.
Whereas - -* and many other persons, have voluntarily left this State, or some of the United States of America, and joined the enemies thereof; thereby, not only depriving these States of their personal ser- vices, at a time when they ought to have afforded their utmost aid in de- fending the said States against the invasions of a cruel enemy, but mani- festing an inimical disposition to said States, and a design to aid and abet the enemies thereof, in their wicked purposes.
And whereas many mischiefs may accrue to this, and the United States, if such persons should again be admitted to reside in this State.
Which to prevent,
Be it enacted, &c. that if the said - - , or any of the before mentioned persons, or either of them, or any other person or per- sons, though not specially named in this act, who have voluntarily left this State, or cithier of the United States, and joined the enemies thereof,
Here follow the names of one hundred and eight persons, viz :- from. Pound, 12- Bennington, 1- Shaftsbury, 3- Arlington, 14- Manchester, 8- Brest, 2-Neupert. 3- Pawlett. 5-Wells, 7 Danby, 2 -- Wallingford, I -- Clarendon, If Rutland, 3 - Cast! .. ton, C-Pittsford, 1-Cornwall, I -- Bridport, 4-Parton, r .-- Nev. Haven, 2 -- Fouri ... burgh. 1 -- Shelburne, 2-Newfine, 3- Bratil: boro, 4 -- Wonminst1, 1 -- Rocking'am, 1-Che-ter 1 -- Kent, (now Londonderry) 1-Hertford, (dow Hartland) 2
It has appeared to the editor obviously improper to pratify the public curiesity, at the expense of the feelings of individuals, The mars which constitute this list, are, there- fore, omitted.
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as aforesaid, shall, after the passing this act, voluntarily return to this State, it shall be the duty of the sheriff of the county, his deputy, the constable, select-men, or grand-jurors of the town where such person or persons may presume to come, and they are hereby respectively impow- ered and directed, to apprehend and carry such person or persons before 'an assistant or justice of the peace ; who is hereby required to call to his assistance one or more assistants or justice of the peace, who are hereby directed to give their attendance, according to such requisition ; and if, upon examination into the matter, the said justices shall find that the person brought before them is any one of the before described persous, they shall order him to be whipped on the naked back, not more than forty, nor less than twenty stripes ; which punishment shall be inflicted, and the delinquent shall be ordered to quit this State, immediately.
Be it further enacted, that if any person shall continue in this State, one month, or shall presume to come again into this State, after such con- viction, (without liberty first had and obtained therefor, from the Gov- ernor. Council, and General Assembly) and be convicted thereof, before the superior court of this State, he shall be put to death.
Be it further enacted, that if any person shall, willingly or willfully, harbor or conceal any of the persons above named or described, after their return to this State, contrary to the design of this act ; such person, so offending, shall, on conviction thereof before the superior court. for- feit and pay the sum of five hundred pounds ; two thirds thereof to the use of this State, the other third to the use of him or them who shall prosecute the same to effect .*
AN ACT concerning Delinquents.
Be it enacted, &c. that whensoever any person shall be complained of, indicted, or in any wise prosecuted, for any matter of delinquency, or of a criminal nature, by any other person than a county or town inforni- ing-officer, and that within the town or county, where, both the com- plainer and the person complained of, does belong, and such complaint cannot be supported ; such person so complaining, shall pay the cost ari- sing on such suit.
And whensoever any person shall be complained of, indicted, or in any wise prosecuted, for any matter of delinquencies, or of a criminal nature, by any county or town informing-officer, of the county or town where he does belong, and such complaint or indictment cannot be sup- ported, the necessary cost arising on such prosecution, shall be paid out of the treasury into which the fine would have been paid, had the delin- quent been fined upon such prosecution.
Be it further enacted, that, in all matters of delinquency, or of a criminal nature, where the person complained of, or prosecuted, is con- victed, he shall pay cost of such prosecution : and, in case such crim- inal, or delinquent, have not estate to pay such cost, it shall and may be
* This Act was repealed, Nov. 8, 1780.
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lawful for the court, assistant, or justice, before whiom such process shall be, to dispose of such person in service, to any freeman of this corpora- tion, so long a time as shall be necessary to procure money sufficient to answer the charges arising on such prosecution.
But if it shall so happen, that such charges cannot be obtained out of the estate or service of any person so convicted, such charges, if the trial be in the superior court, shall be paid out of the State's treasury ; and if the trial be in the county court, such charges shall be paid out of the county treasury ; and if the trial be in a justice's court, such charges shall be paid out of the treasury of the town where such delinquent lives ; or if he has no residence in any town in the county, out of the treasury of the town where the conviction is had ; and the court, or justice, shall give order accordingly.
Be it further enacted, that no person shall be twice sentenced for one and the same crime, trespass. or offence.
'That if any person or persons, on his examination or trial for delin- quency, shall. either in words or actions, behave contemptuously or dis- orderly, it shall be in the power of the court, assistant, or justice, to in- flict such punishment on him or them,as they shall judge the nature of the offence may require.
Provided always, that no single minister of justice shall inflict any greater punishment, than imprisonment for one month; binding to the peace, or good behaviour, until the next county court ; putting them in the stocks, there to sit not exceeding two hours; or imposing a fine not exceeding four pounds.
And that if any person, who shall be required to appear and give his evidence, in the trial or examination of any delinquent or criminal, shall refuse to appear, or to make oath to declare his knowledge in the case; the court, assistant, or justice of the peace, holding such trial or examina- tion, may apprehend and commit the person so refusing to prison, there to remain at his or her own cost, until they shall give evidence.
Provided always, that such evidence shall not be construed to his pre- judice.
And that when any sheriff, deputy-sheriff, or constable, shall receive a warrant from any court, assistant, or justice, (that hath lawful cogni- zance of the offence) to do execution of a judgment by them given, against any criminal or delinquent ; such officer shall proceed according to the directions of such warrant, to do execution himself, or by some meet person by him to be procured, to the acceptance of the court grant- ing such warrant ; and for doing execution as aforesaid, a reasonable sat- isfaction shall be allowed, which shall be taxed as part of the bill of cost, so be paid by such delinquents.
AN ACT regulating the choice of Town Officers and Petit-Jurymen.
Be it enacted, &c. that the select-men of each town in this State, shall set up a notification, at such places as have been, or shall be agreed
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on by the inhabitants, as they are by law qualified to vote in such meeting, to meet at the meeting house, or some convenient place by them appoint- ed in such town, giving twelve days notice, before the convening of such meeting, which shall be held. on some day in the month of March annu- ally, at ten o'clock in the morning.
And it shall be the duty of the inhabitants, when met as aforesaid, to proceed to chuse a moderator for said meeting, and town clerk or re- gister ; then they shall chuse a number, not exceeding five, to be select- men, or towns-men, to take care of the prudential affairs of such town; also a town treasurer, one or two constables, listers, not exceeding five, collectors of rates, leather sealers, one or more grand-jurors, che or more tything men, hay-wards, branders of horses, sealers of weights and measures, and every other town officer that the law of this State shall direct.
And the select-men of each town shall, forthwith, after such choice, see that all the officers be sworn to the faithful discharge of their respect- ive offices, by an assistant or justice of the peace, or in case no such of- ficer be present, by the town clerk, who shall make entry in the records, of such officers being chosen and sworn.
Then the select-men and constable or constables, with the town clerk, and such magistrates as may be present, shall agree upon a nam- ber of men that may be thought by them to be their proportion of petit- jurymen, to attend the superior or county courts, the ensuing year ; which number shall be chosen by the people present, and shall be discreet free- holders.
And the town clerk shall write the names of the persons so chosen, each on a piece of paper, and put them in a box, provided at the town's cost, for that purpose, and kept in his office. And when the constable shall receive any warrant from the clerk of the superior or county court, to summons any number of men for jury-men, to attend and serve as such, at any of said courts, he shall repair to the town clerk's office, and in his presence, or in case he be absent, in the presence of one of the se- lect-men of such town, draw out of said box the number his warrant directs him to sunimon ; and having so done, he shall proceed to sum- mons the men for jury-men whose names are so drawn ; but if any of the nen whose names are drawn, are gone from home, or sick, or other- wise unavoidably hindered from attending said court, his name or names shall be returned into the box, and others in their room drawn and sum- moned as aforesaid.
And in case, at any time, the number of jury-men to be summoned is more than there remains in the box, the constable shall, at his discretion, summon a sufficient number of discreet freeholders to supply such place.
And be it further enacted, that if any person shall be chosen to any of the offices aforesaid in this act, and shall refuse to serve therein, or take the oath required by law, if he be able, in person, to execute the same, shall forfeit and pay to the treasurer of the town where he does be- long, a fine of three pounds ; except such person shall make it appear to an assistant er justice of the peace, before whom the case shall be tried, that he is oppressed hy such choice, or others are nujustly exempted.
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LAWS PASSED, FEBRUARY, 1779.
AN ACT to prevent nuisance in the public highways.
Be it enacted, &c. that if any person shall make any fence across any county road, without first obtaining leave therefor, from the county court of said county ; or across any town road, without first obtaining leave therefor, from the select-men of said town ; it shall and may be lawful for any person or persons to remove, throw down, and destroy such nuisance.
AN ACT to prevent unseasonable night walking, and for the punishing of disorders committed in the night season.
Be it enacted, &c. that if any persons that are under the government of parents, guardians, or masters, or any boarders, or sojourners, shall convene, or meet together, or be entertained in any house, without the consent or approbation of their parents, guardians, or masters, after nine o'clock at night, any longer than to discharge the business they are sem about ; or shall meet together, and associate themselves in company or companies, in streets, or elsewhere, after the time aforesaid, and shall commit any disorder, or make any rout at any time in the night season ; each person so offending shall forfeit twenty shillings for every such of- fence.
And whereas, great disorders and insolence are often committed in the night, by disorderly persons, to the disquiet and hurt of the good people of this State .- For the preventing and punishing whereof,
Be it enacted, that when, and so often as any disorders and damages are done in the night season, that upon complaint speedily made thereof, to any court, assistant, or justice of the peace, they are hereby impow- ered to issue forth a writ or writs, for the bringing before him or them any such suspected person or persons, and examine him or them concerning such disorders and damages.
And if such suspected person or persons, upon such examination, can- not give a satisfactory account to the authority before whom such exami- nation is had, where he or they were, when such disorders and damages complained of, were committed and done, and that he or they had no hand in doing the same, he or they shall be liable to pay and answer all such damages as the person or persons complaining, shall have sustained or suffered, as aforesaid ; and also such fine or punishment as the court, assistant, or justice, before whom the trial is had, shall see cause to order, not exceeding ten pounds.
AN ACT appointing stocks and sign-posts to be made and maintained, in the several towns in this State.
Be it enacted, &c. that every town in this State shall make and main- tain, at their own charge, a good pair of stocks, with a lock and key suf-
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ficient to hold and secure such offenders as shall be sentenced to sit there- in ; which stocks shall be set in the most public place in each respective town.
And in the same place there shall be a sign post erected and set up. at the charge of said town, and maintained in sufficient repair ; on which sign-post, all notifications, warrants, &c. for meeting. &c. shall be set up.
And if any town shall be at any time without a pair of stocks or sign-post, as aforesaid, after six months from the publication hereof, the select-men of such town shall forfeit the sum of twenty shillings to the town treasurer, and so the same sum for every month such town shall be defective thereof ; to be heard and determined by one assistant or justice of the peace.
AN ACT concerning the dowry of Widows.
That there may be suitable provision made for the maintenance and comfortable support of widows, after the decease of their husbands,
Be it enacted, &c. that every married woman, living with her husband in this state, or absent from him elsewhere, with his consent, or through his mere default, or by inevitable providence, or in case of divorce, where she is the innocent party, that shall not, before marriage, be estated by way of jointure, in some houses, lands, tenements, or hereditaments, for term of life, or with some other estate in lieu thereof, shall, immediately upon and after the death of her husband, have right, title, and interest, by way of dower, in and unto one third part of the real estate of her said deceased husband, in houses and lands, which he stood possessed of in his own right, at the time of his decease, to be to her, during her nat- ural life; the remainder of the estate shall be disposed of according to the will of the deceased ; and where there is no will, according to law.
Provided always, that this law doth not extend to the widows of those that have or may be guilty of treason.
And for the more easy and speedy ascertaining such right of dower,
It is further enacted, that upon the death of any man, possessed of any real estate as aforesaid, which his widow, by this act, as before ex- pressed, hath a right of dower in, if the person or persons that by law have a right to inherit said estate, do not, within sixty days next after the death of such husband, by three sufficient freeholders of the same count- ty, to be appointed by the judge of probate (in whose district the estate doth lie) and sworn for that purpose, set out and ascertain such right of dower; that then such widow may make her complaint to the judge of probate in whose district the estate lieth; which judge shall decree and order that such woman's dowry shall be set out and ascertained, by three sufficient freeholders of the county, who shall be sworn faithfully to pro- ceed and act therein accordingly, to their best skill ; and the said dowry being set out and ascertained, in either of the methods aforesaid, the
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doings of such freeholders shall be returned to the judge who ordered the dower to be set out as aforesaid ; and upon approbation thereof by the said judge, such dower shall remain fixed and certain, and all persons concerned therein shall be excluded thereby.
And every widow so endowed as aforesaid, shall maintain all such houses, buildings, fences, and inclosures as shall be assigned and set out to her for her dowry, and shall leave the same in good repair.
And if such widow shall not maintain, and keep in good repair, such houses, buildings, fences, and inclosures, as shall be assigned and set out to her as her dowry as aforesaid, it shall be in the power of the county court in which the estate is, upon application to them made, to deliver so much of the said houses and lands, to the next heir of the same, and for so long a term as, in their judgment, shall be sufficient, out of the rents or profits thereof to repair such defects ; unless such widow will give good security for the leaving such houses, buildings, fences, and inclo- sures in sufficient repair.
AN ACT concerning Witnesses to Wills.
Be it enacted, &c. that no wills or testaments, wherein there shall be any devise or devises of real estate, shall be held good, and allowed for any such devise or devises, if they are not witnessed with three wit- nesses, all of them signing in the presence of the testator.
AN ACT against barratry and common barrators.
Be it enacted, &c. that if any person shall be proved and adjudged a common barrator, vexing others with unjust, frequent, and needless suits, he shall pay a fine of twenty pounds into the public treasury of this State, by order of the court before whom he shall be convicted; and, before the same court, he shall become bound, with two sureties, for his good behaviour, (for one year at least) or, on refusal, to be committed to pris- on, there to remain for said tinie, or till he procures sureties, as aforesaid.
And the court before whom such vexatious suit shall be brought, may, and is hereby impowered to reject such suit, giving cost to the adverse party.
-- AN ACT against Gaming.
Be it enacted, &c. that no tavern-keeper, inn-keeper, ale-house-keeper, or victualler, shall have or keep in or about his or their house or houses, out-houses, yards, gardens, or other places to them belonging, any cards, dice, bowls, shufile-boards, or billiards, or any other implement for gam- ing ; nor shall suffer any person or persons resorting unto any of their houses, to use or exercise any of the aforesaid games, or any other unlaw-
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ful game or sport, within their said houses, for any sum or sums of money, goods, or liquors, on pain of forfeiting the sum of twenty pounds for every such offence, upon due conviction thereof; the said fine to be dis- posed of, one half to the informer, the other half to the treasurer of the town where such offence is committed.
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