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 44
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371
LAW'S PASSED, FEBRUARY, 1779.
town, on the penalties contained in this act, to entertain, or suffer any such person or persons therein named, to have or drink any strong liquors, of any kind whatsoever, in or about their houses, until such authority, select mea, and grand-jurors, shall agree to take off such prohibition.
And that if any tavern-keeper shall, after such posting of any person's name, and notice thereof given by any of the said select-men, or grand- jurors, sulfer or-permit any person posted as aforesaid, to drink any rum, wine, or other strong liquor, in or about his house, or in any of the de- pendancies thereof, he shall pay as a fine the sum of three pounds.
And in case the person or persons, warned as aforesaid, shall not, after such warning, leave off and forbear such their evil practices, the author- ity shal! cause such person or persons to appear before them, and demand surety for their well behaving therein : and in case such person or per- sons shall not Gad sureties as aforesaid, then he or they shall, cach one, pay a fine of twenty shillings, or sit in the stocks for the space of two hours, on soute public tinie or season.
And be it further enacted, that the constables and grand-jurors in each town shall, and they are hereby required, carefidly to inspect all taverns or licenced houses in such town, and make due presentment to the civil authority, of all persons who shall be found transgressing this act or any part thereof ; and also warn all tavern-keepers, or persons licenced to keep public honses of entertainment, to observe this act, and all other laws respecting the regulation of licenced houses, and that they do not entertain any inhabitants of the town where they dwell, contrary to law.
And if such officers shall find that such tavern-keepers do not observe the laws aforesaid, nor keep due order, then they shall make presentment thereof to the next county court in that county, at their first sitting ; and such court shall canse the person so presented, forthwith to appear before them, to answer to such presentment; and if, upon trial, such tavern- keeper be found guilty, the court shall enter up judgment for the forfeit- ure of the bond given, or procured to be given by such person, for his or her due observance of all the laws respecting tavern-keepers, and for costs. And such person shall forthwith, before said court, enter into a bond of two hundred pounds, in the tenor of the former bond ; which shall also be prosecuted in like manner, in case of a forfeiture.
And that whensoever a presentment is made as aforesaid, it shall be inserted that the person presented, had been warned, as aforesaid, by such constable or grand jurymen, and such presentment shall be sufficient evi- dence that such warning was given ; and the officers making such pre- sentment, shall be ordered by said court to attend the trial, and be allow- ed to give evidence for the proof of the disorders complained of; and shall by said court be allowed a meet recompense for their trouble and charge.
Be it further enacted, that no tavern-keeper, or licenced person, as aforesaid, to keep a public house of entertainment, shall be allowed to bring any action against any person whatsoever, to recover of such per- son any suin or sums of money, or any other thing whatsoever, for any
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LAWS PASSED, FEBRUARY, 1779.
kind or quantity of drink sold to such person, and drank in-such house, unless the same be brought within three days after such sale and drinking.
And whereas divers disorderly persons oftentimes take upon then, and presume to sell strong liquors by retail, in small quantities, without licence; and to keep tippling-houses, to the promoting of tippling, drunkenness, idleness, and many other immoralities ; and to the great prejudice of persons orderly licenced, and under the regulations of law, for the entertainment of travellers and others legally and orderly requiring the same.
Which to prevent,
Be it further enacted, that no person or persons whatsoever, dwelling in this State, (except such as have licence as aforesaid) shall be an inn- holder, taverner, or seller of wine, beer, ale, cider, rum, or any other strong liquors, publicly or privately, by a less quantity than a quart of wine, rum, or other such like strong liquors, or a quart of metheglin, cider, beer, or such like drink, and that delivered and carried away all at one time, on the penalty of forfeiting and paying the sum of three pounds for the first offence, and the sum of six pounds for the second offence, and so double for every breach of this act he shall be convicted of :- which fines shall be disposed of, half to him that complains and prose- cutes the same to effect, and the other half to the town treasury.
And it is especially recommended to those who keep licenced houses, to prosecute the breach of this paragraph of this act.
And when any person shall be duly convicted of keeping a tippling- house, or of selling strong beer, ale, cider, perry, metheglin, wine, rum, or mixed drink, or any strong drink whatsoever, by retail in small quan- tities, as aforesaid, without licence first had, as aforesaid, for the same, and shall be unable to satisfy the fine imposed by law for such transgres- sion, together with the charge of prosecution ; or shall not pay such fine and charge, and likewise give bond for the good behavior, if it be a sec- ond conviction, within the space of twenty-four hours next after sentence declared ; it shall and may be lawful for two justices of the peace, or the court before whom the conviction shall be, to order such offender to be publicly whipped on the naked body not less than teu, nor exceeding fifteen stripes for one offence ; and to restrain the offender in prison, till such fine and charges are paid, or the corporal punishment be inflicted.
And that the oath of one credible witness shall be sufficient to convict any person of retailing strong liquors as aforesaid, contrary to this act ; unless the person shall, in open court, positively and plainly assert and declare, that he is not guilty of the fact charged upon him.
And be it further enacted, that the grand-jurymen in the respective towns in this State, shall, from time to time, make diligent search and enquiry after all persons who are reputed to sell or vend strong liquor by retail, in small quantities as aforesaid, without licence as aforesaid ob- tained, and make presentment of all such persons to the next assistant of justice of the peace ; which assistant or justice shall, by a proper war- rant, order such person or persons so presented, to appear before him, aund cause him or them to give bond with a surety, to the value of ten
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373
LAWS PASSED, FEBRUARY, 1779.
pounds, that he or they, will not sell or vend any strong drink by retail in small quantities as aforesaid, without licence first had and obtained, and be of good behavior until the next county court in that county ; and also appear before the said court and take up said bond, unless said court shall see canse to continue the same ; which the court may do if they judge proper.
And if any such person or persons shall refuse to become bound as aforesaid, the authority before whom he or they shall be brought, shall, by mittimus, commit such person or persons to the common goal in that county, there to remain at his or their own charge, till he or they will give bond as aforesaid.
And that if any such person or persons, giving bond as aforesaid, shall, at any time after the giving such bond, be presented to the county court of that county by the grand-jurors, on suspicion of retailing strong drink in small quantities, without licence as aforesaid, such presentment shall be taken by the court to be sufficient evidence against the person so presented, to convict him, her, or them, of the forfeiture of such bonds or recognizance, unless he or she shall be acquitted by a jury of twelve freeholders of the neighborhood, declaring upon their oath, that they be- lieve such person is not guilty ; which jury, the party at his desire and charge, may have the liberty of.
AN ACT against forgery.
Be it enacted, &c. that if any person or persons shall willingly and falsely forge and make, or cause to be forged, or made, or shall aid, abet, help, or assist, in the falsely forging and making, any false deed, convey- ance, will, testament, bond, bill, receipt, release, acquittance, letter of attorney, or any other writing, to prevent equity and justice ; such per- son or persons, being thereof duly convicted, shall stand in the pillory three several days of public meeting, not exceeding two hours each day, and render and pay to the party or parties injured thereby, double dama- ges, to be recovered by action founded on this act; and shall also be ren- dered uncapable, and be disenabled to give any evidence or verdict in any court, or before any magistrate or justice of the peace.
AN ACT against fraudulent conveyances.
Be it enacted, &c. that all fraudulent and deceitful conveyances of lands, tenements, hereditaments, goods or chattels, and all such bonds, suits, judgments, executions, or contracts, made to avoid any debt or duty of others, shall (as against the party or parties only, whose debt or duty is so endeavored to be avoided, their heirs, executors, or assigns; be utterly void ; any pretence, or feigned consideration notwithstanding.
And every of the parties to such a fraudulent conveyance, bond, suit, judgment, execution, or contract, who, being privy thereunto, that shall
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371
LAWS PASSED, FEBRUARY, 1719.
wittingly justify the same to be done, bona fide, and upon consideration: or shall alien and assign any lands, leases, goods, or chattels, so to them conveyed as atoresaid, shall forfeit one year's value of the lands, lease, rents, common, or other profits out of the same, and the whole value of the goods and chattels, and also so much money as shall be contained in such covinous bond or contract ; and, being thereof convicted, shall also suffer half a year's imprisonment, withont bail :- which above forfeitine shall be equally divided between the party grieved, and the county treas- urer : except the purchaser make it appear by two witnesses, that the contract or bargain was made, bona fide, and on good consideration, be- fore any seizure made by the creditor or officer, of the estate so convey- ed ; and that it was without any design of fraud, to defeat the creditor of his just dues.
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AN ACT for preventing and suppressing of Lotteries.
Be it enacted, &c. that whosoever shall presmne, withont special lib- erty from the general assembly, to set up any lottery for the sale of goods, lands, or tenements ; or to sell, put off, or venti, any parcel, parcels, or quantity of lands, goods, or monies, or other things whatsoever, by way of lottery ; or shall by wagers, shooting, or any other such like way or exercise whatsoever, offer to sell, vend, put off, or dispose of any goods, monies, or cther things, collected, or exposed to be run, at such adven- ture ; or set up notifications to entice people to bring in and deposit of risene their money or credit, for carrying on the designs aforesaid, and be didy convicted thereof, before any court or authority proper to try the same, shall forte it the value of such goods, or monies, or things so ex- posed, er proposed to be exposed to sale, or drawn for; the one half to him that shall prosecute the same to effect, and the other half to the coun- ty treasury of that county where the offence is committed.
And all grand-jurors, and others ordered by law to make presentment of breaches of law, are directed (when no informer or prosecutor ap- pears ) to make presentment of the breaches of this act.
AN ACT for the punishment of Man-Slaughter.
Be it enacted, &c. that whatsoever person shall be guilty of the crime of man-slanghter, or the wilful killing another person, without malice, or forethought, and be thereof legally convicted, by confession or ver- dies, before any of the superior courts of this State, shall forfeit to the public treasury of this State, all the goods and chattels which to him or her belonged at the time of committing the said crime; and be finther punished by whipping on the naked body. and be stigmatized, or hun! on the hand with the letter A, on a hot hon ; and shall also be forever disabled in the law from giving verdict or evidence in any court in this State.
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375
LAWS PASSED, FEBRUARY, 1779.
Provided nevertheless, that if any person, in the just and necessary defence of his life, or the life of any other, shall kill any person attempt- ing to rob or murther, in the field or high-way, or to break into any dwel- ling house, if he conceives he cannot, with safety of his own person, oth- erwise take the felon or assailant, or bring him to trial, he shall be holden guiltless.
AN ACT for the punishment of Murder.
Be it enacted, &c. that if any person shall commit any wilful murder, upon malice, hatred, or cruelty, not in a mm's just and necessary de- fence, nor by accident, against his will; or shall slay or kill another through guile, either by poisoning, or other such devilish practices, he shall be put to death.
And whereas many lewd women, that have been delivered of bas- tard children, to avoid their shame, and to escape pimishment, do se- cretly bury, or conceal the death of their children; and after, if the child be found dead, the said woman do alledge that the said child was born dead, whereas it falleth out sometimes (although hardly it is to be proved) that the said child or children were murdered by the said wo- man, their lewd mothers, or by their assent or procurement :
Be it therefore, further enacted, that if any woman be delivered of any issue of her body, male or female, which, if it were born alive, would be a bastard; and that she endeavored privately, either by drowning, or se- cret burying thereof, or any other way, either by herself, or by the pro- curing of others, so to conceal the death thereof, that it may not come to liglit whether it was born alive or not, but be concealed ; in every such case, the mother so offending, shall be accounted guilty of murder, and shall suffer death therefor, as in case of murder : except such mother can make proof by one witness (at least) that such child was born dead.
AN ACT against breaking the Peace.
Be it enacted, &c, that whosoever shall disturb or break the peace, by tumultuous and offensive carriages, threatning, traducing, quarrelling, challenging, assaulting, beating, or striking any other person ; such per- son or persons, so offending, shall be liable to pay to the party hurt or stricken, just damages ; and also shall pay such fine, as, on consideration of the party smiting, or being smitten, and with what instrument, danger more or less, time, place, and provocation, shall be judged just and rea- sonable, according to the merit of the offence, as the justice or justices shall determine.
And if such offence be aggravated by some notorions and high-handed
376
LAWS PASSED, FEBRUARY, 1779.
violences, the offender or offenders shall be bound over to the next coun- ty court, to answer for such offence.
Be it further enacted, that the surety of the peace, or good hehaviour, as the merit of the case shall require, may and shall be granted, by any assistant or justice of the peace in this State, against all and every person or persons, who, by threatning words, turbulent behaviour, or actual vio- 'lence, or by any other unlawful action, shall terrify or disquiet any of the inhabitants of this State; and if such offender or offenders shall neglect or refuse to find such sureties, he or they shall be committed to the com- mon goal of the county where the offence is committed, there to remain until he or they shall find such sureties, or to be there delivered by due course of law.
Be it enacted, that if any person shall abuse any magistrate, or justice of the peace ; or resist, or abuse any sheriff, constable, or other of- ficer, in the execution of his office; such person or persons shall find sure- ties for the peace and good behaviour, until the next county court in that county ; or, on refusal, may be committed to the common goal, there to . remain until the next county court : which court shall take cognizance of the wrongs and abuses done to such officer or officers, by such offender or offenders,and lay such penalty upon him or them (he or they being there- of legally convicted )as the merit of the offence shall deserve, appearing by the circumstances of the same, not exceeding sixty pounds.
And whereas some persons do secretly attempt mischief and hurt to others, and do commit great outrages upon them, in such manner that proof cannot easily be had.
For the detecting and punishing of which,
Be it further enacted, that if any person shall break the peace, by se- cretly assaulting, beating, maiming, wounding, or hurting another; the person so assaulted and injured, making application and complaint to the next assistant, or justice of the peace, shewing him what hurt or wound he has received thereby, such assistant or justice shall forthwith grant out a writ, directed to the sheriff of the county, his deputy, or constable of the town where such assault shall be made, commanding them, or ei- ther of theni, to arrest and bring before him such person so assaulting, to answer such complaint ; who, upon oath being made againt him of such assault, and of the wounds or bruises thereby received, by the person as- saulted and beaten, shall be bound in a sufficient bond, with sureties, for his appearance at the next county court in that county, to answer to the complaint, as aforesaid : and in case of refusal to become bound, as a- foresaid, such person complained of, shall be committed to the comnion goal of the county, there to remain till the next sessions of said county court.
And if the person so bound, or committed, shall not, on trial of the ease, satisfy the court that he was at some other place, at the time the said assault was made, and was not the person who gave the assanh, he shall be judged guilty, and shall be sentenced to pay the person assaulted and injured, all such damages as he shall have sustained by such assault and beating ; or in case such damages cannot then be computed, the
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LAWS PASSED, FEBRUARY, 1779.
offender as shall give bond, with sufficient surety or sureties, to pay all such damages as shall afterwards be awarded by said court at some oth- er sessions, to which the case shall be continued, together with cost of prosecution ; and also pay to the treasurer of the county, such fine as the said court shall order, not exceeding the sum of thirty pounds, and stand committed till sentence is performed.
AN ACT for the punishment of Perjury.
Be it enacted, &c. that if any person or persons, either by the sub- ordination, unlawful procurement, reward, sinister persuasion, or means of any other, or by their own act, consent, or agreement, shall wilfully and corruptly commit any manner of wilful perjury, by his or their deposition in any court of record, upon examination ; that then, every person or persons, so offending, and being thereof duly convicted, or attained by law, shall, for his or their offence, forfeit the sum of fifty pounds ; the one moiety thereof to the public treasury of this State, and the other moiety to such person or persons as shall be grieved, hindered, or molested, by reason of any such offence, that shall sue for the same, by action of debt, bill, plaint, information, or otherwise, in any court of record in this State; and also be imprisoned by the space of six months, without bail or mainprize.
And the oath of such person or persons, so offending, shall not be re- ceived in any court whatsoever in this State, until such time as the judg- ment given against the said person or persons shall be reversed, by at- taint or otherwise.
And upon every such reversal, the party aggrieved, to recover his or their damages, against all and every such person or persons as did pro- cure the said judgment, so reversed, to be given against them, or any of them, by action or actions upon his or their case or cases, according to the course of common law.
And if it shall so happen that the said offender or offenders, so offend- ing, have not goods and chattels to the value of fifty pounds, that then, he or they shall be set in the pillory by the space of two hours, in some county town where the offence was committed, or next adjoining to the place where the offence was committed ; and to have both his ears nail- ed and cut off; and from thenceforth be discredited, and disabled forev- er to be sworn in any court whatsoever, until such time as the judgment shall be reversed.
And all and every person or persons, who shall unlawfully and cor- ruptly, procure any witness or witnesses, by letters, rewards, promises, or by any other sinister and unlawful labour or means whatsoever, to commit any wilful or corrupt perjury, in any matter or cause whatsoever, depending, or that shall be depending, in suit and variance, by any writ, action, bill, complaint, or information, in any court, or before any com- mittee ; every such offender, being thereof duly convicted, or attainted by law, shall, for his or their offence, be proceeded against, and suffer the like pains, penalties, forfeitures, and disabilities, in all respects, as above- mentioned.
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LAW'S PASSED, FEBRUARY, 1779.
AN ACT for ordering and regulating Pleas and Pleadings.
For preventing unnecessary charge and delays in the several courts of common pleas in this State ; and for the more regular proceeding in tri- als thereon,
. Be it enacted, &c. that all pleas made in abatement of writs or pro- cesses, in any of the county courts in this State, shall be made, heard, and determined, and the issue in every case joined, and an entry thereof _ made, before the jury is impannelled
And in case any defendant will not make his plea, or join issue, judg- ment shall be given against him upon a nihil dicit.
That the general issue of not guilty, nil debet, no wrong, or disseisin, or any other general plea proper to the action, whereby the whole decla- ration is put upon proof, according to the nature of the case, may be made by the defendant ; under which general plea, the defendant shall have liberty, upon trial of the case on such general issue, to give his title in evidence, or any other matter in his defence or justification, as the na- ture of the action may be; excepting only a disch irge from the plaintiff, or his accord, or some other special matter, whereby the defendant, by the art of the plaintiff, is saved, or acquitted from the plaintiff's demand in the declaration.
And whensoever any party shall suppose he has missed his plea, whether the general issue, or special plea, which would have saved him in his just cause, he shall have liberty to alter his plea ; and the opposite party shall have a reasonable time assigned him, for making answer thereto. And if the new plea be found insufficient for the justifying him that made it, reasonable satisfaction shall be awarded by the court before which the trial is, to the other party, for the greater delay which is made thereby, according to the interest of money, rent of land, or improvement of any other thing, recovered by the suit.
Provided nevertheless, that no defendant shall, in the trial of any cause, be admitted to demur to the declaration, after he has pleaded to issue, and a judgment thereon hath been given by any court ; any thing to the contrary before, in this act, notwithstanding.
AN ACT for maintaining and supporting the Poor.
Be it enacted, &c. that each town in this State shall take care of, sup- port, and maintain their own poor.
And the select-men for the time being, or overseers of the poor, (where any such are chosen ) shall have full power to expend or disburse, out of the town stock, or treasury, what they shall judge necessary from time to time, for the relief and support of any of the poor belonging to their towns, so far as to the amount of ten pounds ; and if more be needful, the said select-men, or overseers, or the major part of them, shall, with the advice of the authority of that town, (if any there be) expend and dis- barse what shall be by them judged needful for the relief of the poor, as aforesaid.
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LAW'S PASSED, FEBRUARY, 1779.
And in case there be no justice of the peace in any town, the select- men, or overseers aforcsaid, of such town, may act as fully as if they had such advice in the case aforesaid, for the relief of their poor, and for the supplying them, or any of them, with victuals, cloathing, fire-wood, or any other thing necessary for their support or subsistence.
And if any select-men, or overseers of the poor, do neglect or refuse to give a jast account, upon oath, of what he has expended as aforesaid, and of what of the town stock or money is in his custody, upon ten days warning, before an assistant or justice of the peace, when called to it by the town, and to return what is not expended to and for the use aforesaid, to the town ; he or they shall be committed, by an assistant or justice of the peace, to the common goal, there to remain, at his or their own cost . and charge, until he or they shall give such account, and make such re- turn as aforesaid.
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