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 47
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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Be it enacted, &c. that each and every act and law of this State, (ex- cept those repealed by special act of Assembly) be and remain in full force and virtue until the rising of the Assembly in October next.
AN ACT repealing a certain paragraphi of an Act entitled " An Act making the laws of this State temporary.
Whereas, there is a certain paragraph in said act enacted, "that no court, or justice,shall take cognizance of any matter or thing, in which the
* This law was re enacted in October, 1780, and continued in force until the close of February session, 1781.
398
LAWS PASSED, OCTOBER, 1780.
title of land is concerned, or in any action of contract, where the parties appear to have made a bargain or contract, by note, bond, debts, or agreement in writing, or otherwise, any act or law to the contrary notwithstanding."
Be enacted, &c. that the above recited paragraph be and remain in full force till the first day of June next, and no longer.
LAWS PASSED AT BENNINGTON, OCTOBER SESSION, 1780.
AN ACT directing what money and bills of credit shall be a legal cur- rency in this State.
Whereas, no particular money, or bills of credit, as yet have, by any law of this State, been made legal currency therein. And whereas, not only for determining what money and public bills of credit shall be legal currency, but also to decide, as near as may be, at what rate they sev- erally shall pass :
Be it enacted, &c. that all genuine coined gold, silver, and copper, shall be legal money in this State, viz :- gold, at the rate of five pounds per ounce ; silver, at six shillings and eight pence per ounce; and coined coppers, at two pence per ounce. And that the bills of credit emitted by the United States of America, before the eighteenth day of last March, be a legal tender as money, according to their current valne ; having re- gard as well to their current value at the time of making all contracts, as at the time of rendering judgments : to which all courts in this State, in their respective jurisdictions, are to conform themselves.
Provided, no regard be had to the value of said bills, at the time of making any contract which was or shall be for gold, silver, or money equal thereto; or for money to be made good as before the war; or for money to be paid in any particular thing or things, at a certain price ; any thing in this act to the contrary notwithstanding.
AN ACT for regulating Fees.
. Whereas the fees heretofore granted to officers of government, and others, have been stated in Continental currency, which is so far depre- ciated, that it does not answer the purpose intended : and it is also found that the fees, in some instances, as formerly stated, were not adequate to the service :- Therefore,
-
LAWS PASSED, OCTOBER, 1780.
Be it enacted, &c. that the establishment of the fees belonging to the several officers of this State, be as follows, viz :-
Assistants Fees.
£ s. d.
.. For attending the General Assembly and Council,
when convened, per day, 070
Travel per mile, out, - 0 4
Representatives Fees.
For attending the General Assembly, per day, 0 60 Travel per mile, out, 0 0 4 -
Superior Courts Fees.
Chief judge, while sitting, per day, -
0 18 0
Assistant judge, while sitting, per day, -
0 15 0
Travel per mile, out, () 0 4
To the jury for each action tried, 1 4 0
And there shall be paid into the clerk of the superior court's hands, for the benefit of the treasury of this
State, for each action tried in the superior court, 0 18 0
For each default or confession, 0 10 0)
Clerk of Superior Court's Fees.
Entering each action and judgment, 0 2 6 -
Filing each testimony, -
0 0 2
Each execution, -
0 1 S
Entering judgment acknowledged, - -
0 9
Copy of each testimony, -
-
0 0 4
County Court's Fees. .
Chief judge, while sitting, per day, -
- 0 10 0 Justice of the quorun, per day, 0 70 -
Travel per mile, out, - -
0 0 4
To the jury for each action, - 0 18 0
And there shall be paid into the clerk of the county court's hands, for the benefit of the treasury of the county, for each action tried in county court, 0 10 0)
For each default or confession, 0 4 0
For licence to each tavern-keeper, (whereof to the clerk, one shilling,) 0 4 0
Clerk of County Court's Fees.
Entering each action, - -
0 - 0 3 Entering each judgment, -
-
0
1
For attachments, summons, and executions, and oth- er things proper to him, as in the assistant's" and justice's fees.
399
100
LAWS PASSED, OCTOBER, 1780.
Assistants and Justices Fees.
Attachments or summons for action, -
0
1 0
When bond is given, -
-
-
0) 1 3
Summons for witnesses, . -
0
() 6
Entry and tryal of each action, -
0
3 0
If by a jury,
0
6 0
Every execution,
()
1 3
. Every warrant for criminals, 0 1.3
Bond for appeal,
0 0) 6
Copy of evidence,
0 0 6
Copy of judgment,
0 0) 8
Every recognizance, 0 0 9
Judgment on confession or default
()
1 ()
Affidavits taken out of court, -
0
0) 9
Taking the acknowledgment of a deed, mortgage, &c.
0
() 7
Each complaint, -
-
-
0
0 9
Court of Probate's Fees.
For granting administration, to the judge, -
0 16
For receiving, and probate of every will and inven- tory, of fifty pounds, or under, 2 0
0 0 9 To the clerk,
Receiving, and probate of every will and inventory, above fifty pounds,
0
3 0
To the clerk, -
-
0
1 0
Each quietus, or acquittance, -
-
-
0
1 0
To the clerk, -
0 0 6
Recording every will and inventory, of fifty pounds, or under,
0 2 6
Also, three pence per hundred for every hundred pounds after the said fifty pounds; and half so much for a copy of the same.
Each bond for administration, - -
0 1 0
Each letter of administration, -
0
1 0
Each citation,
0 0 6
For making out a commission, receiving and exam- ining the claims of creditors to insolvent estates, and registering the same, 013
Registering the commissioners report, for each page
of twenty-eight lines, and ten words to each line, 0 0 8 For entering an order upon the administrator, to pay out the estate in proportion to the several credi. tors, returned by the commissioners, 0 0 8
Allowing of accounts, settling and dividing of intes- tate estates, 02 0 0
1 3 Appointing guardians, and taking bond, -
401
LAWS PASSED, OCTOBER, 1780.
Secretary's Fees.
For recording laws and orders of public concern-
ment in the State records, each, -
0 1 0 Affixing the State seal, each time, - -
0 1 0
0 1 0 For each military commission, -
Each commission for the justices of each county 0 3 0
Commission for judges of the superior court 0 2 0
For each commission for judges of county and pro- bate courts,
0 1 0
Each petition or memorial to the General Assembly, 0 0 6
Fees to the General Assembly.
For each petition or memorial betwen party and
party,
-
100
Town Clerk's Fees.
For recording a deed,
0 1 0
For the copy of a deed, - -
-
010
For a survey bill, - -
0 0 6
For recording a marriage, birth, or death, 0 0
For recording each mark, - 0 0 6
Attorney's Fees.
In taxing bills of cost, the parties that recover, for
attorney's fees, at county courts, -
0 4 0
In the superior court, -
0 60
Post Wages.
For man, horse, and expense, each mile out, - 0 0 4
Sherif's und Constable's Fees.
Serving every summons, -
0 0 4
If by copy, - -
0 0 6
Serving every attachment, 00 6 - 0 1 0
Bail bond, -
For levying each execution, to be one shilling for one pound or under, and three pence on the pound for every pound above.
For attending at a justice's court, when obliged to at- tend, for each action tried, 0 1 $
Each mile travel out, to be computed from the court, 0 0 4 Sheriffs attending the General Assembly, superior or county courts, per day, 0 6 0 Constable for like service, per day, 0 4 6 Fees for plaintiff' or defendant attending any court, per day, 0 2 0
Witness, for attending any court, per day, 0 3
Travel for plaintiff, defendant, or evidence in any
court, per mile,
-
0 0 3
C
102
LAWS PASSED, OCTOBER, 1780.
Fees for a jury employed in laying out highways, shall be, for every juror, per day, 0 3 ¢
The sheriff attending on said jury, per day, 0.4 0
Jury for a justice's court, for each action tried, 0 9 0
Brander and Recorder of Horses Fees.
For branding and recording every horse kind, 0 6
For each copy of record, -
0 0 6
Goaler's Fees.
For commitment of a prisoner, -
() 1 0
For discharge of a prisoner, -
-
0 1 0
For dieting of a prisoner, per week, -
() 5 0 County Surveyor's Fees.
For himself and horse, per day, besides expenses, 0 6 0
Sheriff's and Constable's assistant's Fees.
For each man that attends the sheriff' or constable,
per day, -
0 4 0
AN ACT regulating and stating the Fines and Premiums in the several laws of this State.
Whereas, the fines and premiums, or rewards, in the several laws of of this State, have been formerly stated in Continental currency, which has so far depreciated, that it does not answer the intent of the law .- And it is also found, that in some instances the fines and rewards, as for- merly stated, were not adequate to the purpose intended.
Therefore,
Be it enacted, &c. that the several fines and rewards, in the laws of this State, he, and they are hereby, stated as follows, viz :-
& s. d.
In the act regulating marriages, fine, - 20 0 0
In the act directing listers in their office and duty, fine, 10 0 0 In the act directing proceedings against forcible entry and detainer, fine, -
1 0 0 In the act for forming and regulating the militia, fine for the clerk's neglect, 3 0 0
- Fine for a soldier refusing to muster, -
6 0 0
. When draughted, and refusing to march, fine, 9 0 0 Nen-commissioned officer neglecting to warn such per-
son, fine, 0 6 0 Officers disobeying orders from the commander in chief,
fine, - - 50 0 0 - Von-commissioned officers neglecting to attend, fine, 090
103
LAWS PASSED, OCTOBER, 1780.
In the act for the due observation and keeping the first day
of the week as the Sabbath, &c. penalty for working, 1 0 0 Penalty for rude behavior, 2
0 0
For travelling on said day, 1 0 0 0 For walking abroad, &c. 0) 6
For keeping the outside of the meeting-house, &c. 0 6
Eor convening in companies, &c.
0
6
0
In the act for regulating mills and millers, fine for taking more toll than the law directs, 1 0 0 In the act to encourage the destroying of wolves and pan- thers, fine for taking out of pit or trap, -
4 0 0 In the act for the punishment of theft, penalty, - 20 0 In the act for regulating the election of governor, deputy governor, council, &c. constable's fine, -
100
- 0 0 For illegal voting, fine, 1
In the act directing town clerks in their office and duty, penalty for neglect,
0 1 0
In the act for laying out and altering highways, fine for neglect, 1 0 0
In the act for making and repairing public highways, fine for refusing or neglecting, 0) 3 6 In the act for the appointment and regulating attornies, penalty on transgressors, 5 0 0
In the act for the punishment of drunkenness, fine, 8 0 In the act against profane swearing and cursing, fine, 0 6 0
In the act directing constables in their office and duty, constable's neglect, fine, - .
0 5 0 For refusing assistance, fine, 0 10 0 -
For contemptuously refusing, fine, 2 0 0 -
For constables and other persons refusing to prosecute hue-and-cries, fine, 2 C 0) town clerk's neglect, 5 0 0 -
An act for authenticating deeds and conveyances, fine for
An act for the punishing trespasses in divers cases, &c. for cutting, selling, &c. fine, 0 10 0
- 0 10 0 For leaving down bars, &c. fine,
In the act for the settlement of testate and intestate es- tates, for executor's neglect, fine, -
3 0 0
In the act concerning sudden and untimely deaths, juror
060 neglecting, fine
In the act for the preservation of deer, fine for trans- gressing, 0 0 In the act for preventing and punishing riots and rioters, fine, 10 0 0 In the act for appointing of sheriff's, &c. officer's refusal, 10
&c. fine, 0 0
Soldier's refusal, fine, - 2 - -
Wages for captain, per day, -
- 6 0 - for lientenant, - -
-
() 1 6
f
101
LAWS PASSED, OCTOBER, 1780.
Wages for sentinel, 0 3 0 -
For obstructing, &c. fine, 15 0 0
In the act regulating juries and jurors, fine for default, 1 10 0
In the act regulating proprietors' meetings, fine for neglect, 5
0)
0
In the act regulating fisheries, fine, 4 0 0
In the act concerning delinquents, fine, - 4 0 0
In the act to prevent unseasonable night-walking, &c. fine, 0 10 0 In the act against barratry and common barrators, fine, 20 0 0
In the act against gaming, fine for tavern-keepers, 2
0) 0
0 10 0 For persons convicted of gaming, fine, -
In the act for ascertaining town brands, &c. for branding at any other place than the town pound, fine, 1 10 0 For branders refusing to brand, fine, () 6 0
For counterfeiting a brand, fine, -
5 0 0
In the act for the marking cattle, swine, &c. fine, -
0) 2 0 In the act to prevent encroachments on highways, &c. fine, 3 0 0 In the act concerning grand-jurymen, fine for refusing to serve, -
1
5 0
Fine for neglect, - - - -
1 10 0
Fine for not presenting, - -
0) 12 0
For neglecting to choose grand-jurors, fine, -
5 () ()
In the act for the punishment of lying, fine, -
- ()
In the act for licencing and regulating houses of public entertainment, &c. first fine, -
1 10 0
Fine for not getting sureties, -
0 10 ()
Fine for selling liquors without licence, - 0 10 0
In the act against breaking the peace, fine for abusing any magistrate, - 30 - 0 0
For private assault, fine, -
- 10 0 0
In the act for the punishment of perjury, fine, -
30 0 0
In the act for providing and maintaining pounds, &c. fine on select men for neglect, .0 6 0
Fine for neglect to redeem out of pound, 0 1 6
For rescuing out of pound, -
1 0 0
In the act to prevent the selling or transporting raw or un- tanned hides or skins out of this State, penalty, 0 15 0
In the act relating to witnesses, &c. fine, &c. 1 0 0
In the act for the punishment of defamation, fine, - 10
In the act in addition to the militia act, fine, - 2 0 0
In the act to prevent persons from exercising authority, unless lawfully authorised by this State, fine, - 40 - 0 In the act to encourage the destroying of wolves and pan- thers, bounty for each wolf or panther, 3 0 0
For each whelp that sucks, 1 10 0
In the act against counterfeiting bills of public credit, coins, &c. the reward, 5 0 0
-
405
LAWS PASSED, OCTOBER, 1780.
AN ACT to prevent the trial of the 'Titles of Lands.
Whereas, there is such a variety of interfering claims or titles to land, within this State, it is judged necessary to prevent trials of the titles of lands for the present. Therefore,
Be it enacted, &c that no court or justice shall take cognizance of 'any matter in which the title of land is concerned.
Provided, that the foregoing paragraph shall not be construed to ex- clude a trial concerning Wilmington and Draper.
AN ACT directing in what money Judgments of Court shall be given within this State.
Whereas, it is highly necessary and convenient, that all judgments for money, should be in that currency which is most permanent, and least subject to change. Therefore,
Be it enacted, &c. that all judgments given by any court, or justice of the peace in this State, for any sum of money, on any account what- soever, shall be for gold or silver ; and at the same time the said court or justice shall make a rule at what rate the bills of credit, made a tender in this State, shall be received in satisfaction thereof, having special re- gard to the act which makes said bills a lawful tender ; and all execu- tions to issue accordingly, including therein the said rule.
Provided nevertheless, the said court or justice, when the said judg- ment remains unsatisfied until the said bills materially alter in value, may, on proper application, alter said rule, as justice shall require.
AN ACT directing what fence shall be deemed lawful.
Be it enacted, &c. that no fence or fences within this State, shall be deemed lawful, unless it be four feet and an half high, well built with logs, rails, stones, or boards, or other fence equivalent.
=
AN ACT for the better regulating processes in actions of Trover and Conversion.
Wherens, many times, it so happens, in cases of trover and conver- sion, that the property is transferred through a number of persons hands, before the other claimant makes suit in law after it. And whereas, the claimant generally takes the person who has the property in possession : and whereas, there has not yet been made any law for the defendant to cite the first supposed trespasser to answer the suit, which makes him
.
406
LAWS PASSED, OCTOBER, 1780.
obliged to sue his voucher, and so to the first trespasser; by which means great cost is needlessly made.
Which to prevent in future,
Be it enacted, &e. that when any person or persons shall be prosecu- ted in any action of trover, the defendant shall cite the person who first purchased the property in dispute, if he may be found in this State, by a notification fronr an assistant or justice of the peace ; and such citation or notification being served by a proper officer, and returned to the court, such person, cited as above, shall be holden to trial, as though he had been first summoned to appear at said court, and answer to such action; any law, custom, or usage, to the contrary notwithstanding.
AN ACT in addition to an Act, entitled " An Act directing and reg- ulating the serving and levying Executions.">
Whereas, the paper currency has, for many years past, been in a fluc- tuating situation, and still remains so unsettled, that it is difficult for the Legislature to fix the same on a sure basis. And whereas the gold and silver currency is so scarce that it may render it very difficult for the peo- ple to discharge their debts, without disposing of the necessaries of life, and thereby disable them from doing their proportion in the present war : therefore,
Be it enacted, &c. that, in future, the person of any debtor, or his personal estate, shall not be subject to he taken, or holden, by execution, to satisfy any debt; provided the debtor tender to the officer lands suffi- cient to answer the debt ; which shall be appraised as the law in that case directs.
Provided always, that no creditor shall be obliged to take lands to sat- isfy such execution, unless such debt shall amount to more than five pounds.
AN ACT appointing and impowering Commissioners to sell and dis- pose of forfeited Estates, and the better regulating the same.
Be it enacted, &c. that there shall be appointed twelve persons, com- missioners in this State, to wit, in the county of Cumberland, in the half shire of Cumberland, three; in the half shire of Gloucester, three; in the county of Bennington, in the half shire of Bennington, three; in the half shire of Rutland, three; whase duty it shall be, upon the State's at- torney's certifying to them the condemnation of any estate by the re- spective county courts, to set up a public notification in some public place, describing the land, and article for sale, at least ten days : and hall then proceed to sell the same to the highest purchaser, giving abso- lute deeds of warranty, in behalf of the freemen of this State,
. Hercaled, April 7, 1781.
407
LAWS PASSED, OCTOBER, 1780.
Provided always, that not less than two of said commissioners shall be assenting to the bargain.
And be it further enacted, that all commissioners heretofore appoint- ed by the court of confiscation, be dismissed, and the contracts which they have made, and not executed, shall be referred by them, as soon as may be, to the commissioners abovesaid, who are hereby authorised to fully execute the same.
AN ACT for the purpose of procuring Provision for the Troops, to be employed in the service of this State, for the year ensuing.
Whereas, the state of the present currency, or medium of trade, is such that it is difficult to procure necessaries to supply the army, without calling on each town for a quota of such supplies. Therefore,
Be it enacted, &c. that there be seventy two thousand, seven hundred and eighty-one pounds of good beef ; thirty-six thousand, three hundred and eighty-nine pounds of good salted pork, without bone, except back bone and ribs ; two hundred and eighteen thousand, three hundred and nine pounds of good merchantable wheat flour ; three thousand and sixty- eight bushels of rye ; six thousand, one hundred and twenty-five bushels of indian corn, collected at the cost and charge of the respective towns in this State, and at the rates or quotas hereafter affixed to such towns : and that there be a Commissary General appointed, who shall take the charge of the same. And it shall be the duty of the select-men of each respec- tive town, to procure such quota by the time or times hereafter directed by this act: which select-men are hereby impowered to levy a tax on their respective towns, for the procuring such quota ; and also such quan -. tity of salt, and number of barrels, as shall be found necessary for that purpose, and all the attending charges, either in the articles before de- scribed, or in silver or paper currency.
Be it further enacted, that if the select-men of any town neglect their duty herein, it shall be in the power of the Governor and Council, to issue their warrant to the sheriff of the county, or his deputy, commanding him to levy of the goods or chattles of such select-men, and dispose thereof according to law, a sufficiency to procure such quota; except it does ap- pear to them that the people of the town, or one third part thereof, were opposed to the select-men in procuring such provision : in which case it shall be in the power of the Captain General to issue his warrant to the said Commissary General, by himself or his deputy, to repair to such town, and there seize, transport, and dispose of, a quantity of any of the necessary articles, to the amount of such quota, belonging to such per- sons as have opposed the said select-men.
Provided always, that the said select-men shall be accountable to the Commissary General, for the part of those who have not opposed such select-men.
108
LAWS PASSED, OCTOBER, 1780.
And whereas, there are several towns in this State, the inhabitants of which have not chosen, or do not choose, select-men according to law, and which towns the Commissary General may have no person to call on :-
Which difficulty to remove,
. Be it enacted, that it shall be in the power of the Governor and Coun- cil, from time to time, to nominate and appoint a person or persons, in every such town, who shall have it in their power to transact the business in this act prescribed for select-men ; and whose duty it shall be, to notify and acquaint the inhabitants of such town or towns, of the tenor of such act.
Provided, that such person be not liable to be levied on as the select- men. But it shall be in the power of the Captain General, in case of such towns failing to furnish their quota as aforesaid, to issue his warrant to the said Commissary General, directing him to repair to such town, by himself or his deputy, and there seize, transport, or dispose of, a quantity of any of the necessary articles, to the amount of such quota, belonging to any person, inhabitants of such town. And it shall be the duty of such Com- missary Generaì, to see that such provision be forwarded in such quanti- ty, and at such time or times, as it shall be wanted for the use of the troops. And if it be found that there be a surplusage of provision for the army in service, it shall be in his power, with the advice of the board of war, to barter or exchange such part of such provision as will appear necessary, for rum, salt, powder, lead, or other necessaries for the army.
And be it further enacted, that whatever select-men, or other person appointed by the Governor and Council, shall embezzle, or be concern- ed in embezzling, or misapplying any provision, collected for such qnota, he shall forfeit and pay, treble value thereof, one moiety to the public, for the purpose of procuring provisions as aforesaid, the other to the person who shall prosecute to effect : and shall suffer disfranchisement.
. That if any select-man, or other person appointed by, the Governor and Council, shall collect, store up, or deliver to the Commissary Gen- eral, or his order, any provision, except such as is of a good quality, and well packed and saved ; or of any other than the quality required in this act, and be thereof convicted, he shall pay treble the value of the article he should have procured, to be disposed of as aforesaid ; unless it appears that it was not through his neglect, or for want of properly attending to his duty.
Provided always, it shall be the duty of the select-men to warn a town meeting, and consult the inhabitants on the method of procuring such provision.
That the time for the flour, pork, rye and indian corn, to be provided and stored in each town, be the first day of January next : that the time for the beef to be provided and delivered, be, for the towns of Manches- ter, Sandgate, and to the northward in the county of Bennington, the eighteenth day of December: that the time for the beef to be provided and delivered for the towns of Arlington, Sunderland, and all the towns to the soutliward thereof in said county, be, on or before the fifteenth day
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