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 46
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AN ACT regulating Trials and Appeals.
Whereas, no county courts have been established in this State; which makes it necessary that all such cases, or actions as would otherwise be heard before such county courts, should now be heard and determined in the superior court.
Be it enacted, &c. that all actions or suits that are by law, directed to be heard and determined by way of appeals or otherwise, in the county courts in this State, shall be heard and determined in the same manner in the superior court in each county in this State, as they are by law direct- ed to be heard and determined in the county conrts. And the superior court shall have all the powers and jurisdictions that are by law, vested in the county courts, until county courts are regularly established in each county in this State.
Be it further enacted, that all actions that shall, by virtue of this act, be brought to the superior court, that otherwise would have been brought to the county court, and might by law have been appealed to the superior court ; if either party be aggrieved with the judgment rendered in such case, they may have a second trial in the superior court, by way of re- view.
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388
LAWS PASSED, FEBRUARY, 1779.
AN ACT making the Laws of this State temporary.
Be it enacted, &c. that each and every act of this State that have been passed into laws by the General Assembly of this State, at their sessions holden at Bennington, February, 1779, be hereby declared to be tem- . porary acts or laws, and to remain in full force until the rising of the General Assembly in October next.
And be it further enacted, that no court, or justice, shall take cogni- zance of any matter or thing in which the title of land is concerned, or in any action of contract where the parties appear to have made a bar- gain, or contract, by note, bond, debts, or agreement in writing, or other- wise ; any act or law to the contrary notwithstanding.
BY HIS EXCELLENCY ~~
THOMAS CHITTENDEN, ESQ .-
Captain-General, Governor and Commander in Chief in and over the State of Vermont :
A PROCLAMATION.
WHEREAS the virtuous efforts and laudable exertions of the good people of this State, have not only enabled them (by the benevolent interposition of the all-wise Governor of the universe) to frustrate the wicked devices, the despotic and tyrannical designs of their foreign as well as domestic enemies, but has procured to themselves the inestima- ble blessings of a free and independent government, and merited the esteem and confidence of the UNITED STATES OF AMERICA.
And whereas it has ever been found (by universal experience) in all free governments, to be of the highest importance, both for the honor of Gon, the advancement of religion, and the peace, safety, and tran- quility of the inhabitants thercof, that good and wholesome laws be established, and justice impartially administered throughout the same, in order to secure each subject in the peaceable enjoyment of his rights and liberties both civil and religious. And whereas the laws of this State are now promulgated in a full and legal manner amongst the in- habitants thereof, whereby each subject may become acquainted with his duty.
I have therefore thought fit, by and with the advice of my Council, and at the request of the General Assembly, to issue this Proclamation, and do hereby strictly require, charge, and command all persons, of what
389
LAWS PASSED, JUNE, 1779.
quality or denomination soever, residing within this State, to take notice thereof, and govern themselves accordingly, on pain of incurring the pen- alties therem contained.
And I do hereby further strictly require and command all magistrates, · justices of the peace, sheriffs, constables, and other civil officers, to be active and vigilant in executing the laws aforesaid, without partiality, favor or affection.
Given under may hand, and the seal of this State, in the Council Chamber, in Bennington, this 23d day of February, in the third year of the Independency of this and the United States of America, and in the year of our LORD, one thousand seven hundred and seventy-nine.
THOMAS CHITTENDEN.
By His Excellency's command, with advice of Council,
JOSEPH FAY, Sec'y.
GOD SAVE THE PEOPLE.
LAWS PASSED AT WINDSOR, JUNE SESSION, 1779.
AN ACT to prevent persons from exercising authority, unless lawfully authorised by this State.
WHEREAS, there are divers persons within this State, who have oppo- sed, and do continue to oppose, the government thereof; and who do, by every way and means in their power, endeavor to obstruct the free ex- ercise of the powers of government within the same :
Which mischief to prevent,
Be it enucted, &c. that if any person within this State, (except conti- nental officers) shall, after the first day of September next, accept, hold, or exercise any office, either civil or military, from or under any author- ity, other than is or shall be derived from this State, and be thereof duly convicted, shall, for the first offence, pay a fine not exceeding one hund- red pounds, lawful money, according to the discretion of the court which may have cognizance thereof: and for the second offence of the like kind, shall be whipped on the naked body not exceeding forty stripes, according to the discretion of the court before whom they are prosecu-
390
LAWS PASSED, JUNE, 1779.
ted : and for the third offence, shall have their right car nailed to a post, and cut off'; and be branded in the forehead with the capital letter C, on a hot iron. This act to continue in force until the rising of the Assent- bly in October, 1780, and no longer.
AN ACT to grant liberty of suing in certain cases therein named.
Whereas it is judged inconvenient (by this Assembly) to put the law for collecting of debts due from one man to another, by bond, note, book, covenants, or agreements, in force for the present.
Notwithstanding which it is found necessary, for the support of gov- ernment, and to carry on the war against our British enemy, that all ob- ligations of what kind soever, that are given in or on account of any prosecution of any action that may by law be prosecuted; as also any covenant, promise or agreement made for the same purpose, be liable to be sued and prosecuted to final judgment and execution.
Be it enacted, &c. that all obligations, of what kind soever, that have or shall be given, in or on account of carrying on any prosecution of any action, that may by law be prosecuted, or on account of carrying said prosecution into execution ; as also all covenants and agreements made for the same purpose, may be sued for, and prosecuted to final judgment and execution ; any law, usage, or custom to the contrary notwithstand- ing.
'This act to continue in force until the rising of the Assembly in Octo- ber next, and no longer.
AN ACT for raising the Fees and Fines heretofore stated by the laws of this State.
Be it enacted, &c. that all fees and fines shall be double to what they stand in the laws, the judges of the superior court only excepted ; who are each to have twelve dollars per day, with the milage the Assembly- men have.
This act to remain in force until the rising of the Assembly in Octo- ber next, and no longer.
AN. ACT impowering two or three Justices to try a cause of one hund- red pounds ; and forbidding appeals to delinquents for neglect of mil- itary duty.
Be it enacted, &c. that two or three justices shall have power to the such actions as they have heretofore been impowered to try, to the amount of one hundred pounds : and that one justice shall have power to try
391
LAWS PASSED, OCTOBER, 1779.
such actions, to the amount of forty pounds :- and that there shall be no appeal for a delinquent for neglect of military duty.
This act to remain in force until the rising of the Assembly in October next, and no longer.
LAWS PASSED AT MANCHESTER, OCTOBER SESSION, 1779.
AN ACT directing and regulating the choice of Judges of the Superior Court.
Whereas no particular directions are given in the Constitution for reg- ulating the choice of Judges of the Superior Court ; in consequence of which it is necessary that some proper mode be provided by the General Assembly. Therefore,
Be it enacted, &c. that in future the Judges of the Superior Court shall be chosen in October annually, by the Governor, Council and House of Representatives, by their joint ballot.
AN ACT in addition to an act, entitled, An Act for the regulating and stating Fees .*
Be it enacted, &c. that each juryman attending at the superior or county court, shall have one pound ten shillings for trying each cause ; and each juryman for attending a justices court, one pound for trying each case. Attorneys fees for each case in the superior or county court, six pounds. County surveyors fees per day, six pounds ten shillings.
And be it further enacted, that all fees and fines shall be three-folded as they stand in the laws passed before this session-except jurymen's fees, which is hereby repealed.
AN ACT to revive the Laws passed by the Legislature of this State.
Be it enacted, &c. that each and every act and law of this State, be, and remain in full force and virtue until the rising of the Assembly, in March next.
> Repealed, Nov. 3, 1730.
392
LAWS PASSED, OCTOBER, 1779.
AN ACT appointing Commissioners for the better regulating Titles of Land within this State, and declaring their power.
Whereas, there are many tenements, farms and tracts of land, situate within this State, claimed by sundry persons, under divers titles, occa- sioned partly from the unsettled situation the people of this State have 'heretofore been in, and partly by the avaricious views of those governors, who under the King of Great Britain, feared not to give patents directly interfering with each other, and many settlers have moved on to said lands under those different titles, and undergone innumerable hardships in set- tling farms, and now to dispossess them, would be cruel and unjust : while others have been intruders and trespassers from the beginning; and to establish them, in seclusion of the lawful frecholders, would be equally in iquitous and unjust.
And whereas many inconveniences must attend trials at law, in strict legal ajudications of such a multiplicity of disputes, as well to individuals as the public ; such as delays of justice in many instances, increasing of broils and contentions ; which great evils to prevent,
Be enacted, &c. that Joseph Bowker, Esq., Joseph Tyler, Esq., John Strong, Esq., Edward Harris, Esq., and Capt. Edmund Hodges, be ap- pointed and commissionated by his Excellency the Governor of this State, and sworn in the form of the oath hereafter prescribed, to be com- missioners for the purposes aforesaid ; and that the said commissioners, or any three of them, be, and they are hereby, authorised and impowered, to do and perform the several acts, matters and things hereafter named; to wit : that the said commissioners, or any three of them, shall have pow- er to take into consideration, and fully examine, all the evidence rela- ting to, or respecting, the titles of controverted lands in this State : for that end, they shall have power, to send for persons, to administer oaths, to call upon the parties for charters, patents, deeds of conveyances, and all other writings respecting their title to said lands : as also to examine the parties upon oath ; and shall make report to this Assembly, at their next session,or at the session of General Assembly in October next, which of those various claimants to the same land ought, in justice and equity, to possess and forever hold the fee of said land, with the remittances said fee-holders shall make to the other claimants; together with the evi- dence and reasons upon which said report shall be grounded.
And be it further enacted, that upon application made by any person, claming lands in the actual possession of another, whereon improvements have been made, to - - or, in his absence, to - they, or either of them, are hereby impowered to summon any two or more of the com- missioners aforesaid, to convene in that particular town, wherein the dis- puted land lieth; notifying therein the time and place of convening ; and also to grant a citation to the person making application, to summon the person in actual possession, to answer him in his claim, before said com- missioners, at the time and place of their convening as abovesaid : which citation shall be served on the adverse party, at least twenty days before said commissioners convene : and said commissioners, after making out their reports, shall lodge a true and attested copy of each report, fourteen
393
LAWS PASSED, OCTOBER, 1779.
days before the sitting of the General Assembly, at their next session, of at the session in October next, in that particular town clerk's office, in which the land lieth, that each and every party may have the perusal thereof. And said commissioners shall, on or before the opening of the General Assemblies aforesaid, deliver to the clerk of said Assembly, the various reports they shall have made; which reports shall be read. with the evidence and reason of each report, on the first day of the Assembly's meeting, and shall then be laid on the table for each member's perusal, at least four days before they shall pass the house : after which the re- ports shall be taken up the second time, and read; when all persons re- monstrating against any of said reports, shall be heard; and each report that shall be approved and adjudged to be established by said Assembly, and ordered to be carried into execution, a copy of the resolve of said As- sembly shall be sent to the town clerk's office where the land lieth ; and and the clerk of said town is hereby required, on the receipt of said copy from the General Assembly, to record the report and resolution of the Assembly, in the register book of said town; which shall be forever after deemed and considered an indisputable title to said lands, and the appur- tenances thereof, in seclusion of all claims and demands whatsoever, of the party or parties in the trials aforesaid.
And be it further enacted, that no cause or action shall be commen- ced or prosecuted, in which the title of land is any way concerned : and all actions now depending before any court, assistant, or justice of the peace, wherein the title of land is concerned, shall be removed from said court, assistant, or justice of the peace, in the same manner in which they now stand, to said commissioners, who are also hereby impowered to take notice of the cost that hath hitherto arisen : and all persons now in actual possession of land, shall be and remain in quiet and peaceable pos- session, until the General Assembly shall determine the same.
Anıl be it further enacted, that each and every of the said commission- ers, before they shall take upon them the exercise of said office, do, be- fore an assistant, or justice of the peace, take the following oath, viz :
You - being appointed one of the commissioners, according to the form and effect of an act, entitled " an act appointing commissioners for the better regulating titles of land within this State, and declaring their power," do most solemnly promise and swear, by the ever living God, that you will, to the best of your knowledge and ability, without favour or af- fection, faithfully execute and perform, as well to justice between par- ties as for the benefit and advantage of the inhabitants of the State of Ver- mont, all and singular the powers and authorities, by force and virtue of said act unto you given. So help you God.
And be it enacted, that the person or persons making application to the commissioners aforesaid, shall be holden to pay the same fees to said commissioners, as is allowed to the judges of the superior court : and they are hereby impowered to grant executions accordingly.
B S
39-1
LAWS PASSED, OCTOBER, 1779.
AN ACT constituting the Superior Court a Court of Equity, and declar- ing their power.
Whereas, from the universality of the law, many cases will arise, where- in it is necessary that some further provision be made for relief in equity, than can be obtained by the rules of common law. To the intent there- fore that justice and equity may be jointly administered ;
Be it enacted, &c. that the superior court shall be, and it is hereby, con- stituted a court of equity, and impowered to hear and determine all cases in equity that shall be brought properly before said court, wherein the demands, dues, matter or cause in dispute, is above twenty pounds, and doth not exceed the sum of four thousand pounds, lawful money : and on consideration of the several pleas and allegations made by either party, may moderate the rigor of the law, decree and enter up judgment therein agreeable to equity and good conscience, and to award execution accordingly.
And be it further enacted, that all cases in equity, wherein the demands, dues, matter or cause in dispute, shall exceed the sum of four thousand pounds, shall be heard and determined by the Governor and Council and House of Representatives.
And be it further enacted, that the form of the process in equity shall be, that the party aggrieved or oppressed, by the forfeiture or penalty an- nexed unto any articles of agreement, covenant, contract, bond, or other specialties, or forfeiture of estate on condition executed by deed of mort- gage, or any other cause proper for a court of equity, may bring his suit for remedy and relief therein, by filing a bill, in form of a petition, in that particular court that hath cognizance of the same, therein setting forth at large the cause for relief : and shall cause the adverse party to be served with a copy of said petition, and a citation to be signed by the clerk of said court, or by an assistant, or justice of the peace, twelve days before the day of the sitting of the same.
Provided always, that the party aggrieved at any judgment to be giv- en as aforesaid, wherein title of land is concerned, shall have liberty of review, as in other cases is provided at the common law, and shall also have the liberty of appeal from the superior court to the Governor and Council and General Assembly.
And be it further enacted, that all causes in equity, now depending before the General Assembly, wherein the demand does not exceed the sum of four thousand pounds, shall be referred to the superior court, in the same manner in which they now stand.
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395
LAWS PASSED, MARCH, 1780.
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LAWS PASSED AT WESTMINSTER,
MARCH SESSION, 1780.
AN ACT to prevent unlawful settlement on unappropriated Lands.
Be it enacted, &c. that if any person or persons shall, after the pas- sing of this act, presume to make settlement, or improve any unappro- priated lands within this State, without first obtaining a legal title to the same, shall forfeit all such settlement, labor and improvements to this State, and shall be obliged to give up possession, and pay all cost and damages that shall accrue.
Provided always, that nothing in this act be construed to debar any person or persons from recovering pay for labor, settlement, &c. where it can be made to appear that such settlement was made through mistake, or on a supposed legal title. And to prevent fraud in sales of land, by persons who pretend to a title by virtue of their names being annexed to any petition or petitions on file, in the Secretary's office, for granting ; all persons are hereby cautioned against such purchases, as they are un- just in their nature, and will not be considered as legal.
AN ACT regulating the tryal of persons who on being arraigned for treason, felony and crimes against the State, stand mute or refuse to plead.
Whereas the judgments directed by the common law, so far as they respect the manner of putting the offender to death, are marked by cir- cuinstances manifestly repugnant to that spirit of humanity which should ever distinguish a free, civilized and christian people ;-
For remedy whereof,
Be it enacted, &c. that in all cases of treason, felony, or crimes against the State, where the party indicted or complained of, shall, on being ar- raigned, obstinately stand mute or refuse to plead and be tried in due course of law; such obstinately standing mute or refusal to plead and be tried 'as aforesaid, shall be adjudged to amount to, and be a proper tra- verse or denial of the facts charged in the indictment or complaint, and the trial shall thereupon proceed in like manner, and the same judgment shall be given against the said party, if found guilty, as if he, she, or they had, on being arraigned, duly plead, and in proper form respectively put themselves on their tryal.
396
LAWS PASSED, MARCH, 1780.
AN ACT for the purpose of impowering the inhabitants of the respec- tive towns in this State, to tax themselves for certain occasions.
Whereas it is found necessary for towns as such, to raise sums of money for the carrying on the war, to purchase ammunition for town stock, to support the poor, and many other purposes which they may find neces- sary, not inconsistent with the Constitution of this State. Therefore,
Be it enacted, &c. that the inhabitants of the respective towns in this State be, and they are hereby authorised to vote a tax for the purpose of carrying on the war-for procuring a town stock of ammunition-for the support of the poor of such town, or any other purposes which they may find necessary, not inconsistent with the Constitution of this State, at their annual town meeting, or at any other meeting warned for that purpose ; which meeting shall be warned at least ten days before the holding such meeting, by the select-men. And the respective collectors of town rates are hereby authorised to collect such taxes when directed thereto by warrant from an assistant or justice of the peace; and the collectors of such rates shall lodge the money, so collected, in the town treasury, to be drawn out and disposed of, by the select-men, for the pur- pose or purposes for which it was raised.
Provided always, that no person be compelled, by the major vote of said town, to build or repair a meeting-house, or support a worship, or minister of the gospel, contrary to the dictates of liis conscience ; pro- vided said person or persons shall support some sort of religious worship, as to them may seem most agreeable to the word of God; any thing in this act to the contrary notwithstanding.
AN ACT to prevent transporting Provisions out of this State.
Whereas large quantities of provisions are continually exported out of this ·State, which, if not immediately prevented, will render it impracti- cable to furnish the troops raised for the defence of the northern fron- tiers. Therefore,
Be it enacted, &c. that any and all further transportation of wheat, rye, indian corn, flour or meal of any kind, as also pork, beef, or any other provisions whatever, that may be useful for supplying the troops raised by this State, be, and is hereby strictly prohibited and forbid to be transported out of this State, except for the use of the Continent, or that the same be permitted by the Governor with the advice of three or more of his Council. And all sheriffs, grand- jurors, and select-men, in their respective towns, and all persons whatever within this State, are hereby authorised and required to seize any and every of the above mentioned articles, which they have reason to suspect any person or persons may be carrying out, or purchased to be carried out of this State, contrary to the true intent of this act; and if need be, to command assistance, and make returns in writing, of said seizure, to the next assistant or justice of the peace; and unless said person or persons shall satisfy the court before
397
LAWS PASSED, MRACH, 1780-
whom the examination be had, that he or they were not conveying any of the afore mentioned articles out of this State, said articles shall be for feit, or such person or persons fined not exceeding forty pounds, at the discretion of the court before whom the trial shall be had; the one half of the forfeitnre or fine to the use of this State, the other half to the per- son prosecuting to effect.
Be it further enacted, that if any person or persons shall transport any of the above prohibited articles out of this State, and be thereof con- victed before any court proper to try the same, he or they shall forfeit and pay unto the treasurer of this State the value of said articles so trans- ported, to be recovered by bill, plaint, or information. This act to con- tinue in force until the fifteenth day of August next, and no longer .*
AN ACT regulating the choice of Field and Staff Officers.
Be it enacted, &c. that whenever by death, resignation, disqualifica- tion or otherwise, any regiment or regiments shall be destitute of any field or staff officer, or officers, that it shall be the duty of the captain- general, or in his absence, of the major-general, or, in their absence, of tlie brigadier general, to issue his orders to the several captains or officers commanding the several companies of such regiment to meet at such tinie and place as the captain general, or in his absence, the major-gene- ral, or in their absence, the brigadier-general as aforesaid, shall, in such orders direct ; and that the several companies of any such regiment be- ing convened, according to the directions aforesaid shall proceed, by vote, to the choice of some suitable person or persons to supply such vacancy or vacancies ; which being done, the commanding officer of such regi- ment shall return the name or names of such person or persons to the Governor, in order to his or their being commissioned.
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