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 43
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And every person who shall be convicted of playing at any such games as aforesaid, or any horse-racing, on any wager as aforesaid!, in any such house or dependancies, or in any other place in this State, shall forfeit the sum of twenty shillings, to be disposed of as aforesaid; and the monies, goods, or chattels, so played for and won, if the value thereof be more than twenty shillings, shall be appropriated to the use of the town where such wager is won ; and the treasurer of the town where such wager is won, is hereby impowered to sue for the same, before any court proper to try the same.
AN ACT concerning Replevins:
Be it enacted, &c. that every man shall have liberty to replevy his cattle, or other goods and chattels, impounded, distrained, attached, sci- zed, or extended, (except it be upon execution after judgment, and in paying of fines and rates ) provided he put in and give good and sufficient security to prosecute his replevin to effect, and to satisfy and answer such damages, demands, and dues, as the adverse party shall, by law, recover against him.
AN ACT directing and regulating the levying and serving Executions.
Be it enacted, &c. that when any judgment is recovered, and execu- tion taken out thereon, the sheriff, or other officer, to whom the execu- tion is directed, shall repair to the place of the debtor's usual abode, (if within his precinct) and there make demand of the debt or smn due on such execution, with necessary charges ; and upon refusal, or neglect of payment of the same, the officer shall levy the execution upon any of the personal or moveable estate of the debtor, except necessary apparel, bedding, tools, arms, implements of his household, necessary for uphold- ing life, one yoke of oxen, and one cow.
And the officer shall forthwith draw an account of the particulars of the goods or estate he shall so seize and take, and set up the same on the sign post of the town wherein he shall seize the same; and the officer, with the account of the said goods, shall set up a declaration, that the said goods, so posted, are to be sold at the place where posted, at an outcry, at the end of twenty days, after the naming of the day of the month.
And in case the debtor shall not, within the said twenty days, pay the debt and all the cost and charges arisen thereon, the officer shall cause a drum to be beat at the sign-post, to give notice to customers to come, and
363
LAWS PASSED, FEBRUARY, 1779-
shall sell the said goods (or as many of them as shall be necessary ) there, at an outcry, to the highest bidders; and, of the effects thereof, shall pay the debt and charges due to the creditor, and satisfy himself for his own fees and charges ; and the overplus (if any there be) shall be returned to the owner thereof.
That, in case moveable or personal estate of the debtor's, sufficient to satisfy the debt and charges, cannot be found, and the creditor shall not agree oi accept to take the debtor's lands, the officer shall levy the exe- cution upon the debtor's body, and him commit to the common goal in that county in which the execution is Jevied; where the debtor or delin- quent shall remain until he shall pay the debt, and all charges, with the officer's and prison-keeper's fees, or be otherwise discharged by due course of law.
And every officer who shall commit any person to prison, by virtue of a distress or execution, shall deliver a true copy of the writ or execution, signed by such officer, to the goaler or prison-keeper; which copy, so signed and delivered, shall be a sufficient warrant or order to the goaler to receive such person or persons, and him or them to hold in safe custo- dy, till delivered by a law.
Be it further enacted, that all lands and tenements belonging to any person, in his own proper right, in fee, shall stand charged with the pay- ment of all just debts owing by such person, as well as his personal es- tate ; and shall be liable to be taken in execution for satisfaction of the same, where the delux or his attorney shall not expose to view, and ten- der to the officer, personal estate sufficient to answer the sum mentioned in the execution, with charges : and all executions, duly served upon any houses and land, being returned into the clerks office of the court out of which the same issued, and there recorded ; as also a copy thereof, lodged in the town clerk's office in the town where such houses or lands lic, (which said clerk shall enter in the town book of records, taking the same fee as allowed for recording deeds) shall make a good title for the party for whom they shall be taken, his heirs and assigns, forever.
And that whensoever execution shall be levied upon lands, it shall be in the liberty of the creditor to chuse one man, and the debtor another, and the officer a third, (if need be) to appraise the land; and if either the debtor or creditor shall refuse or neglect to chuse such appraisers, the of- ficer shall chuse one or more, as there may be occasion ; which apprais- ers shall be sworn to appraise the land according to the value thereof.
And be it further enacted, that all executions issuing out of the office of the clerk of the county court, or superior court, respectively, and exe- cutions granted out by justices of the peace, where, by law, they have authority to grant the same, may, by the said clerk and justice respect- ively, be directed to any of the officers proper to serve the same, in any of the counties in this State in which the person liveth, or estate where- upon the same is to be served, is, at the time of granting the execution ; which officers, to whom the same is directed, and delivered, shall duly and faithfully serve and return the same, according to the direction there- in given ; which being returned, shall be kept on file in the office out of which the same was issued.
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LAWS PASSED, FEBRUARY, 1779.
And that all writs of execution shall be made returnable within sixty. days, or to the court (in case sixty days are remaining between the date of the execution and the next court) at the election of him that prays it out ; and all executions granted by a single minister of justice, shall be returnable in sixty days.
And all constables, as well as sheriff's, shall have power to serve any writ or execution to them directed, within their own precints, and not out thereof-that is to say, the sheriff within his county, and the consta- ble within his own town.
AN ACT concerning Bastards and Bastardy.
Be it enacted, &c. that he who is accused by a woman, to be the father of a bastard child, begotten of her body, she continuing constant in such accusation, being examined upon oath, and put to the discovery of truth in the time of her travail, shall be adjudged the reputed father of such child, notwithstanding his denial thereof, and shall stand charged with the maintenance thereof, with the assistance of the mother, as the county court of that county in which such child is born, shall or- der ; and give security to perform such order, and also to save the town and place where such child is born, free from charge for its mainten- ance.
And the said court may commit to prison, such reputed father, until he find sureties for the same ; unless the proofs, evidence, and pleas, made and produced on the part of the man accused as aforesaid, and other cir- cumstances, be such as the court who have cognizance of the same, shall see reason to judge him innocent, and acquit him thereof; in which case they shall and may otherwise dispose of such child.
And every assistant, or justice of the peace, upon his discretion, may bind to the next county court, him that is charged or suspected to have begotten a bastard child; and if the woman be not then delivered, the said county court may order the continuance or removal of his bond that he may be forth coming when such child is bon.
AN ACT relating to bills of Divorce.
Be it enacted, &c. that no bill of divorce shall be granted to man or woman, lawfully married, but in case of adultery, or fraudulent contract, or wilful desertion for three years, with total neglect of duty; or in case of seven years absence of one party, not heard of, after due enquiry is made, and the matter certified to the superior court ; in which case, the other party may be deemed and accounted single and umarried. And in that case, and in all other cases aforementioned, a bill of divorce may be granted by the superior court, to the aggrieved party, who may then lawfully marry, or be married again.
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LAWS PASSED, FEBRUARY, 1779.
AN ACT for the ascertaining Town Brands, and providing and re- gulating Branding and Branders of horses.
Be it enacted, &c. that each town in this State shall have a town brand, to brand their horses with ; which shall be the several letters or . figures as are hereafter and hereby directed,-that is to say,
Pownal,
P
Ilalifax,
H
Thetford,
Bennington,
B
Whitingham,
4
Strafford, 8
Shaftsbury,
S
Wilmington,
Y
Farlee, F
Arlington,
Dummerston, Z
Moretown,
Sandgate,
Townshend, T
Corinth,
9
Sunderland,
2
Westminster,
&
Newbury,
1
. Manchester,
M
Rockinghanı,
R
Leister,
L
Dorset,
D
Kent,
Barnet,
(1
Ruport,
R
Springfield,
Guildhall,
Pollet,
Æ
Chester,
C
Peacham,
Danby,
I Addison,
Cavindish,
Wells,
W
Weathersfield,
Newfane,
2
Poultney,
Œ
Windsor,
A
Andover,
Brumley,
8
Wallingford,
6
Woodstock,
Marlborough,
Y
Rutland,
()
Hartford,
Brattleborough,
Castleton,
Q
Pomfret,
Ilinsdale,
P
Pittsford,
3
Barnard,
7
New-Stamford, .w
Neshobe,
N
Norwich,
V
District of Ira,
Cornwall,
U
Sharon,
B
Harwich,
Guilford,
G
Royalton,
5
Hubbardton,
Clarenden,
C
Hertford,
U
Every of which brands shall be set respectively, on every horse and horse kind, on the near or left shoulder.
And the inhabitants of each town shall choose a suitable person to be a brander of horses in such town ; and each brander shall be under oath, and shall make an entry of all horse kind by him so branded, with the age and colour, natural and artificial marks, in a book by him kept for that purpose.
And if any such brander shall presume to brand any horse, mare, or colt, that is above one year old, at any other place than at a town pound, or those places appointed by the town for that work, (unless he has first received a special order from the select-men of such town so to do,) he shall forfeit and pay the sum of four pounds for every such offence, one half to the complainer, and the other half to the treasury of the town in which he lives.
And if any such brander shall refuse or neglect to brand or record any horse, mare, or colt, (except such as he is by law forbidden to brand and enter) presented to him by any person or persons, after his just fees are tendered to him for the same; he shall, for every such offence, forfeit and pay the sum of twenty shillings to the person presenting such horse, and
366
LAWS PASSED, FEBRUARY, 1779.
all damages sustained by such person, by him made to appear, through! such brander's neglect.
And be it further enacted, that if any person or persons shall coun- terfeit any town brand, or cause to be branded any horse, mare, or colt, on the near or left shoulder, with any letter or figure, being the brand of any town in this State, without the knowledge or order of one of the branders of such town, (under his hand) he or they, so offending, shall forfeit the sum of ten pounds for every such offence; one half to the complainer, and the other half to the county treasury.
AN ACT for the punishment of Burglary and Robbery.
Be it enacted, &c. that whosoever shall commit burglary, by breaking up any dwelling-house, or shop, wherein goods, wares, and merchandize are kept ; or shall rob any person in the field, or high-way ; such person, so offending, shall. for the first offence, be branded on the forehead with the capital letter B, on a hot iron, and have one of his ears nailed to a post and cut off'; and also to be whipped on the naked body fifteen stripes.
And for the second offence, such person shall be branded as aforesaid, and have his other ear nailed and cut off as aforesaid, and be whipped on the naked body twenty-five stripes.
And if such person shall commit the like offence, a third time, he shall be put to death, as being incorrigible.
AN ACT for the marking of Cattle, Swine, &c.
To prevent disputes, and differences that may arise in the owning and claiming of cattle, sheep, and swine, that may be lost or stray away,
Be it enacted, &c. that all the owners of any cattle, sheep, or swine, within this State, shall ear mark, or brand, all their cattle, sheep, and swine, that are above half a year old; and that they shall cause their several marks to be registered in the town book.
And whatsoever cattle, sheep, or swine, shall be found unmarked, and not branded as aforesaid ; the owners thereof shall forfeit and pay three shillings per head, one half whereof shall be to the complainer, and the other half to the town treasury.
AN ACT to prevent encroacements on highways, and on common and undivided lands.
Be it enacted, &c. that if any person hath, within the space of three years, taken or shall take, any part of any highway, or common, or un- divided land, into his field or enclosure, or erect any fence thercon, in
367
LAWS PASSED, FEBRUARY, 1779.
such manner that the said highway is straightened, and made narrower than before, or any part of the common or undivided land is encroached upon; the select-men of the town wherein the offence is committed, or a committee appointed by such town for that purpose, or a committee ap- pointed for that end by the proprietors of the common or undivided land . encroached upon, (which committees such town and proprietors are ena- bled to appoint) or any three of such proprietors, are hereby directed and impowered to give notice or warning to the person or persons so offend- ing, that if he or they do not cause the said fence or encroachment to be removed, in such convenient time as the said select-men, committee, or proprietors giving the warning shall set, not exceeding the space of one month after such notice or warning given ; the said select-men, commit- tee, or proprietors, giving such warning, shall cause such fence, or en- croacliment, to be pulled down and removed,
And if the person or persons warned as aforesaid, do not canse such fence or encroachment to be removed, within the time so to be set and limited as aforesaid ; it shall be lawful for the said select-men, committee, or the said three proprietors, and they are hereby impowered, to remove, or cause the said fence, or eneroachment, to be removed.
And if the persons offending as aforesaid, shall commit the like offence, by taking in the same, or a greater or lesser quantity of any highway, common or undivided land, where his fence has been removed as afore- said ; he shall incur the penalty of four pounds for every such offence, as often as he shall commit the same ; to be recovered by bill, plaint, ac- tion, or information, by the persons who gave the warning, and caused the said fence, or encrochment, to be removed ; one half of the penalty to be to the prosecutors, with cost of prosecution, and the other half to the town treasury of the town wherein the offence is committed. In which trials no review nor appeal shall be allowed.
And that every person prosecuted for said offence, shall be deemed guilty thereof, unless he can satisfy the court that hath cognizance thereof, that he did it not himself, nor by his order, nor consent, cause or procure said offence to be committed.
And be it enacted, that if those, or any of those persons that shall pull down and remove such fence or encroachment, as aforesaid, shall be sued in trespass for so doing, by any person or persons whose fence shall be pulled down, or removed ; such select-men, committee, or proprietors, who shall pull down and remove said fence, or canse the same to be done, may plead not guilty, and give this act in evidence on the trial.
And if the plaintiff or plaintiff's, in such action, shall not prove that the fence removed, when standing, was well on the bounds of his or their lands, or of their lands for whom the plaintiff or plaintiff's hold the same, and so was not any encroachment, as aforesaid, verdict shall be given in favor of the defendants :- in which case, as also in case of non-suit, judgment shall be rendered for double costs in favor of the defendants.
1
368
LAWS PASSED, FEBRUARY, 1779.
AN ACT concerning Grand-jurymen.
Be it enacted, &c. that every town in this State, on the day of their annual town meeting for electing town officers, shall elect and choose one or more sober, discreet persons, of their inhabitants, to serve as grand- jurors for the ensuing year, who shall be sworn by the next assistant, jns- tice of the peace, or the town clerk.
But in case any person so elected, shall refuse to accept, and take the oath for such officers provided, and serve as aforesaid, (unless he render a satisfying reason to the town meeting, or to the authority before whom he shall be called to take the oath, why he ought not to serve as afore- said ) he, for such refusal, shall incur the penalty of forty shillings ; and another person shall be chosen in his room, who shall, upon acceptance, be sworn as aforesaid. And the names of such grand-jurors shall, by the clerk of the town, be returned to the clerk of the county court with- in the same county ; and the said clerk of the county court shall, by his writ, summon such a number of the said grand-jurors within the said county, as shall be necessary, to attend and serve at the said county courts.
And if any such grand-juror, so as aforesaid required and summoned to serve on the grand-jury, shall neglect or refuse to appear, (unless he shall give sufficient reason for his refusal) shall forfeit and pay the sum of thirty shillings.
And all grand-jurors shall diligently enquire after, and due presentment make, of all misdemeanors and breaches of law, whereof they have cog- nizance, whether the same were committed before said grand-jurors were chosen and sworn to said office, or afterwards ; which presentment they shall seasonably make to the court, or to some assistant or justice of the peace, that the offenders may be dealt with according to law.
And if any grand juryman, after he is sworn, shall neglect to make seasonable presentment of any breach of law, whereof he hath cogni- zance he shall pay a fine of twenty shillings.
All which penalties shall be and belong to the town treasury of the town where such grand-juror dwells.
And all grand-jurymen shall be allowed fifteen shillings per day for their time of attendance, and six pence per mile for their travel, when they shall be required to give their attendance at the said county court, to be paid out of the county treasury.
And every town in this State that shall neglect or refuse to make choice of grand-jurors as aforesaid, shall, for every such neglect or refu- sal, incur the penalty of ten pounds to the treasury of the county wherein such town licth, to be recovered by bill, plaint, or information.
AN ACT for preventing the sales of real estates of heiresses, without their consent.
Be it enacted, &c. that if any real estate, whereof any woman, at the time of her marriage, is seized, as her estate of inheritance, or does,
369
LAWS PASSED, FEBRUARY, 1779.
during suchi coverture, become so, either by descent, or otherwise, shall not be alienable by her husband's deed, without her consent, testified by her hand and seal set to such deed, and acknowledged before some ma- gistrate.
And that all sales, or alienations of such estates, whether absolute or conditional, which shall hereafter be made without such consent, witness- ed and acknowledged as aforesaid, are hereby declared and made to be ipso facto null and void.
Provided nevertheless, that if any wife, at the time of such alienation of such estate to her belonging, did actually refuse to give her assent to such sale made by her husband, that then she shall be understood and taken to hold said estate ; and neither she nor her heirs shall be barred from recovery of the same.
AN ACT for the limitation of prosecutions in divers cases.
Be it enacted, &c. that no person shall be indicted, prosecuted, in- · formed against, complained of, or compelled to answer before any court, assistant, or justice of the peace within this State, for the breach of any penal law, or for other crimes or misdemeanors, by reason whereof a forfeiture belongs to any public treasury, unless the indictment, present- ment, information, or complaint, be made and exhibited within one year after the offence is committed.
And every such indictment, presentment, information, and complaint, that is not made and exhibited as aforesaid, within the time limited for the same, as aforesaid, shall be void, and of none effect.
Provided always, that this act shall not extend to any capital offence, nor to any crime that may concern loss of member, or banishment, or any treachery against this State, nor to any pilfering and theft; any thing contained in this act to the contrary notwithstanding.
AN ACT for the punishment of lying.
Be it enacted, &c. that every person of the age of discretion, which is accounted fourteen years, who shall wittingly and willingly make or pub- lish any lie, which may be pernicious to the public weal, or tend to the damage or injury of any particular person, or to deceive and abuse the people with false news, or reports, and be thereof duly convicted before any court, assistant, or justice of the peace, such person or persons shall be fined for the first offence forty shillings ; or if unable to pay the same, then such person to sit in the stocks not exceeding three hours.
And for the second offence in that kind, which such person shall be convicted of, shall be fined double the aforesaid sum; and if unable to pay the same, shall be whipped on the naked body, not exceeding ten stripes.
Y 2
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LAWS PASSED, FEBRUARY, 1779.
And for the third offence, double the fine for the second; or if the party be unable to pay the same, then to be whipped not exceeding twenty stripes : and yet if any such person shall offend in that kind, and be legally convicted thereof, such person, either male or female, shall be fined ten shillings each time more than formerly; or if unable to pay such fine, then to be whipped as aforesaid, with five stripes more, each time, than formerly, but not exceeding thirty nine stripes at any time.
Provided nevertheless, that no person shall be barred of his just action of slander, or defamation, or otherwise, by any proceeding upon this act.
AN ACT for licencing and regulating houses of public entertainment, or taverns ; and for suppressing unlicenced houses.
Be it enacted, &c that the magistrates, select men, constables, and grand-jurymen, in the respective towns in this . State, shall, some time in the month of March annually, nominate the person or persons whom they, or the major part of them, think fit and suitable to keep an house or houses of public entertainment in the said town, for the ensuing year; which nomination shall be sent by them to the next county court in that county ; which court shall grant licences to the said persons accordingly, to keep an house or houses of public entertainment for the year ensuing, and to no others- which licence shall be in force for one year, and no more.
But if the county court are of the opinion that the number nominated in any town be too great, they shall have liberty to lessen the same ; and may also refuse to grant licences to such persons as they shall, on infor- mation and proof made, judge to be wholly unfit and unqualified for such trust,-such nomination notwithstanding.
Always provided, such court shall take a bond to the treasurer of the county, in the sum of one hundred pounds, of every such person to whom such licence shall be granted, for the due observance of all the laws that are made respecting tavern-keepers, or houses of public enter- tamment.
Be it further enacted, that for the present year, the tavern-keepers shall be chosen in the month of June next, and shall be licenced by one assistant and one justice of the peace, or by one judge of the superior court and one justice of the peace, under the same regulations as in fu- ture they are to be licenced by the county court ; any thing in this act to the contrary notwithstanding.
Be it further enacted, that when, and so often as the authority, select- men, and grand-jurymen, in any town, or, where there are no assistant or justice living in any town, the select-men and grand-jurors shall un- derstand that any person in such town is a tavern haunter, or spends his time idly at any such house of entertainment, they, or the major part of them, shall, at their discretion, cause the names of such tavern hunters to be posted at the door of every tavern in the same town, by setting up a certificate, under their hands, forbidding every tavern-keeper in such
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