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 48

Author: Vermont. cn; Slade, William, 1786-1859, comp; Vermont. Council of Safety, 1777-1778; Vermont. General Assembly. cn; Vermont. Council of Censors, 1785-1786; Vermont. Council of Censors, 1792; Vermont. Constitution; Vermont. Secretary of State. cn
Publication date: 1823
Publisher: Middlebury, J. W. Copeland, printer
Number of Pages: 1168


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 48


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409


LAWS PASSED, OCTOBER, 1780.


of January next ; that the time for the beef to be provided and delivered for the county of Cumberland, be, on or before the fifteenth day of Jan- uary next. And that all such beef be delivered on the foot, except such towns shall otherwise agree with the Commissary.


Provided always, that the constables of the respective towns shall be obliged to attend to the orders of the select-nien, with regard to collect- ing such provision. And in towns where there are no constable appoint- ed, it shall be in the power of said select-men, or such other person or persons as shall be appointed by the Governor and Council, to appoint a constable in every such town, who shall have equal powers in collect- ing said articles, with other constables chosen in'the usual manner.


And be it further enacted, that if the Commissary or his deputy, be impeded or resisted in collecting the articles aforesaid, he shall call to his assistance such part of the militia as he shall judge necessary, at the cost of the person or persons so impeding. And it shall be the duty of the said Commissary, or his deputy, to seize so much of the delinquents pro- perty, as will pay said cost, and rate, being sold at vendue.


And be it further enacted, that to the end if may be known which town is guilty of embezzling, or misapplying, or being any ways concern- ed in collecting, storing up, or delivering to the Commissary, any provi- sion, except such as is of good quality, and well packed as aforesaid; cach town shall mark their barrels of provision, to be delivered as afore- said, with the same mark as is established by law to brand their horses. And be it further enacted, that this act be forthwith printed and cop- ies thereof sent to the respective towns in this State.


And whereas the sum total of the lists of several towns, have not. been brought in according to law ; for which reason they have been assessed at the discretion, and according to the best judgment of this Assembly ; by which means some of such towns may be aggrieved. Therefore,


Be it further enacted, that on the application of any such town to the General Assembly, at their session in October 1781, showing that such town was assessed higher than of right it ought to be, it shall be the duty of such future Assembly to make proper allowance to such town, on ac- count of their next rate or tax. And if it be found that any town is not rated high enough, that matter shall be also rectified by a future Assem- bly.


That the quotas for each town be as follows :---


TOWNS.


Pounds w't.


of Flour.


Pounds


of Beef.


Pounds of


Salted Pork.


Bushels of


Indian Corn.


Bushels of Rye.


Pownal,


147


Bennington,


Stamford, Shaftsbury,


10,543 1-2 16,025 750 12,559


3,514 5,341 1-2 250 4,186 1-2


1,757 2,670 1-4 125 2,093 1-4


294 413 24 354


206 1-2


12


177


D 3


410


LAWS PASSED, OCTOBER, 1780.


TOWNS.


Pounds w't.


of Flour.


Pounds


of Beef.


Pounds of


Salted Pork.


Bushels of


Indian Corn.


Bushels of


Rye.


Arlington,


5,356


1,785


892 1-2


150


75


Sandgate,


514


180


90


18


9


Sunderland,


2,707 1-2


902 1-2


451 1-4


78


39


Manchester,


6,867


2,289


1,144 1-2


188


94


Ruport,


3,256


1,089


544 1-2


90


45


Dorset,


3,000


1,000


500


84


42


Pawlet,


3,220 1-2


1,075


536 1-2


90


45


Danby,


4,284


1,428


714


123


61 1-2


Harwich,


75


25


12 1-2


6


3


Wells,


1,800


600


300


54


27


Poultney,


2.795


932


466


78


39


Castleton,


2,031


677


338


57


28 1-2


Tinmouth,


4,272


1,424


712


120


60


Clarendon,


5,119


1,706 1-2


S53 1-2


144


72


Rutland,


5,818


1,939 1-2


969


162


81


Shrewsbury,


300


100


50


9


4 1-2


Wallingford,


1,672


557


278 1-2


48


24


Pittsford,


900


300


150


24


12


District of Ira,


1,500


500


250


42


21


Hinsdale,


3,000


1,000


500


84


42


Guilford,


7,500


2,500


1,250


210


105


Halifax,


4,500


1,500


750


126


63


Whitingham,


1,500


500


250


42


21


Brattleboro',


6,750


2,250


1,125


180


93


Marlborough,


2,100


700


350


60


30


Dummerston,


5,250


1,750


876


147


73 1-2


Newfane,


3,000


1,000


500


84


42


Townshend,


3,750


1,250


625


105


52 1-2


Putney,


6,000


2,000


1,000


168


84


Westminster,


1,750


2,250


1,125


186


98


Athens,


900


300


150


28


15


Rockingham,


6,150


2,050


1,025


174


87


Thomlinson,


300


100


50


12


6


Chester,


3,000


1,000


500


8.4


42


Londonderry,


1,500


500


250


42


21


Springfield,


3,000


1,000


500


84


42


Andover,


300


100


50


12


6


Cavendish,


600


200


100


18


9


Weathersfield,


.1,611


537


268


48


24


Wilmington,


2,338


779 1-2


389


66


33


Windsor,


11,813


3,937 1-2


1,969


324


162


Reading,


351


117


58 1-2


12


6


Hertford,


3,198


1,066


533


90


45


411


LAWS PASSED, OCTOBER, 1780.


TOWNS.


Pounds w't.


of Flour.


.


Pounds


of Beef.


Pounds of


Salted Pork.


Bushels of


Indian Corn.


Bushels of


Rye.


Woodstock,


3,543


1,181


590 1-2


99


49 1-2


Hartford,


3,750


1,250


625


105


52 1-2


Pomfret,


2,400


800


400


66


33


Bernard,


1,200


400


200


33


16 1-2


Norwich,


6,000


2,000


1,000


168


84


Sharon,


1,200


400


200


33


16 1-2


Royalton,


1,392


464


232


39


19 1-2


Bethel,


600


200


100


18


9


Thetford,


3,000


1,000


500


84


42


Strafford,


2,400


800


400


66


33


Fairlee,


900


300


150


33


16 1-2


Mooretown,


1,500


500


250


42


21


Newbury,


5,700


1,900


950


162


81


Corinth,


900


300


150


33


16 1-2


Rygate,


1,800


600


300


54


27


Barnet,


750


250


125


24


12


Peacham,


750


250


125


24


12


AN ACT to to enable assignees or indorsees of negotiable notes, to maintain action thereon, as on inland bills of exchange, or as though such note were taken in his, her, or their own name.


Whereas, not only for the benefit of trade, paper credit, and the ease and conveniency of process on negotiable notes, but also for continuing the former custom concerning such notes ;


Be it enacted, &c. that all promissory notes, payable to order or bear- er, may be assigned or indorsed, and action maintained thereon, as on inland bills of exchange ; and that action may in the same manner be maintained on all such notes as have already been assigned or indorsed as aforesaid .*


AN ACT for ascertaining the Title of Lands, in cases therein named.


Whereas, divers persons, late inhabitants of this State, and others, who hold lands by deed or deeds of conveyance, within the same, have gone over to, and joined the enemies of this and the United States of America, by which means many such conveyances are likewise carried


* Repealed March 8, 1784.


412


LAWS PASSED, OCTOBER, 1780.


with such persons, or otherwise by them secreted, which has put it out of the power of the State or individuals, in such cases, to produce such evi- dence to the title of such lands, as the law in common cases requires.


Therefore,


Be it enacted, &c. that whenever any action shall be brought before ยท any court proper to try the same, for the surrendry of any lands or tene- ments that were in the possession of, or occupied at or near the time of any such person or persons leaving this or the United States, and thus go- ing over to the enemy ; that if, on such trial, the defendant shall make it appear by evidence, to the satisfaction of the court or jury, that the person or persons who have gone to the enemy as aforesaid, was, at the time of his leaving this or any of the United States, the just and rightful owner of any such lands and tenements, and produce a dced of convey- ance from under the hand and seal of any person duly impowered by the authority of this State to convey the same; that in every such case, judgment shall be rendered for the defendant-and a copy of such judg- ment, together with such deed, recorded in the town clerk's office where such land lieth, shall be deemed good and sufficient evidence to the title of any such land or tenements.


And be it further enacted, that if any person or persons that have been heretofore, or that may in future be appointed to sell any such lands ; or any person claiming lands by deed from any such person, shall bring his action for the recovery of any such lands as may be in the possession of any other person or persons, it shall be determined in the same manner.


AN ACT to direct persons with respect to division Fences.


Whereas, many difficulties have arisen by means of partition fences not being properly regulated. Therefore,


Be it enacted, &c. that whenever any person or persons having im- provements adjoining each other, the expense of making and maintain- ing a law ful fence, shall be equally divided between them. And if they cannot agree to divide the same, it shall be divided by the select-men, or three indifferent frecholders of such town where such land lieth, each paying for their own part. And where it shall so happen that any per- son or persons shall make fence against another person's land, that when that other person shall improve against said fence, they shall pay the person that built said fence for the one half of said fence, to be appraised by the select-men, or by three indifferent freeholders of the town where such land lieth. And if either of the parties or persons whose improve- mens so adjoin each other, should refuse or neglect to make or maintain his, her, or their proper part of said fence, having three months notice, then the aggrieved party may enter complaint thereof to an assistant or justice of the peace, who is hereby directed to summon such delinquent or delinquents, to answer for his, her, or their neglect ; and being found delinquent, shall grant execution thereon for cost and damage.


413


LAWS PASSED, OCTOBER, 1780.


AN ACT in addition to the last paragraph of an Act, entitled, " An Act against High Treason."


Be it enacted, &c. that if any person or persons shall know of any of the enemies of this or the United States, to be any way lurking abont in this State, either in the woods, or the house or houses of any of the dis- affected people, or any other place; or shall harbor any of the aforesaid enemies, and conceal the same, or neglect immediately to acquaint the authority, and be thereof convicted before the county or superior court, shall be punished by fiuc, according to the nature of the offence; and shall be imprisoned at the judgment of said court, in any of the goals in this State, not exceeding ten years.


And be it further enacted, that, on the complaint of any county or town informing officer, made to an assistant or justice of the peace, that any person o: persons have, for more than one year last past, appeared by their conduct to be inimical persons, and likely to do mischief if they are suffered to go at large ; he shall issue his warrant, and call such per- son or persons before him, to answer such complaint ; and also call to his assistance one or more assistants or justice of the peace : and if, on examination, it be judged by the said court, or a jury of six men, that the said person or persons are dangerous persons to go at large, they shall pay cost of prosecution, and be committed to any of the goals within this State, during the pleasure of the court, at their own expense.


Provided always, that such person or persons shall have liberty to ap- ply to the superior court for relief, who shall grant such relief as they judge just.


AN ACT against inimical conduct.


Whereas, it has been represented, that many persons who are enemies to the liberties of this and the United States of America, are continually using their utmost exertions to discourage and dishearten the good friends to the liberties aforesaid, by making and spreading false news, and speak- ing diminutively of the proceedings of the friends aforesaid.


Therefore,


Be it enacted, &c. that if any person shall speak any word, or do any act or thing, with design against this country, that shall have a direct or indirect tendency to discourage the good people of this State from nerv- ously exerting themselves in the cause of this country; or shall speak words disrespectful of said cause, or the measures taken to support it ; or shall, by any words or actions, with design as aforesaid, encourage, or shew themselves disposed to encourage, the disaffected persons in this State ; or shall spread, or endeavor to spread, false news with regard to the strength or success of the enemy, or with regard to any disadvantage they would insinuate the army or armies of this or the United States to be under; and be thereof convicted before one or more assistant or jus- tice of the peace, who are hereby impowered to try the same; he or


1


414


LAWS PASSED, OCTOBER, 1780.


they shall be punished by fine, not exceeding ten pounds ; whipping, not exceeding ten stripes, or imprisonment, not exceeding twelve months ; or either, or all of them, according to the nature of the offence, at the discretion of the court before whom such trial shall be had.


AN ACT for the purpose of removing disaffected persons from the frontiers of this State.


Whereas, it is found that sundry persons, living in the frontier towns of this State, who do not feel themselves in any danger from the common enemy, and refuse their personal assistance in the defence of such fron- tier settlements ; and we have reason to fear, hold a secret and traitorous correspondence with, and as occasion offers, harbor and conceal, the en- emies of this and the United States :-


Which embarrassment to prevent,


Be it enacted, &c. that it shall be the duty of the select-men of any such frontier town, if they have good grounds of suspicion that any per- son or persons living in such town, do secretly correspond with the ene- iny ; or any person or persons who do not feel themselves in danger from the common enemy, and refuse their personal assistance to defend said frontiers, or have, for a long time, neglected their duty therein,-to warn a meeting of the inhabitants of such town, reciting in such warning the names of the person or persons so suspected; and that the design of such meeting is to take into consideration whether they judge such person or persons to be dangerous to the safety of the frontiers. And whatsoever person or persons shall be, by such meeting, so warned, judged and voted to be necessary to be removed, either on account of their unfriendliness to the cause of America, or their unwillingness to support said cause, shall be, by warrant from an assistant or justice of the peace, directed to the sheriff of the county, his deputy, or either of the constables of such town, removed, with his family and effects, after twenty days, and within thirty days, at their own proper cost and charge, to the interior part of this State ; which warrant such magistrate is hereby directed to issue, on application of the select-men of such town.


Provided always, that any person voted by any town to be necessary to be removed, shall have a right of appeal to the Governor, who, with the advice of four of his Council, if they find that the said vote was had through mistake, or without just grounds against such person, or for any other cause than toryism, shall have a right to order a suspension of such removal, for such time as they shall judge convenient ; which order shall be given to the officer who is directed to remove such person ; and shall be to him a sufficient warrant for such suspension, for the time specified by such order, and no longer.


Provided also, that the person to be removed procure such order with- in twenty days from the time of such votes being passed, and not after. And all such persons, so removed, when in the interior part of the State, shall not be subject to be warned out of town, except such as have not


-


415


LAWS PASSED, OCTOBER, 1780.


heretofore gained a residence in any town in this State ; but shall be con- sidered to belong to the town where he belonged before such removal : and if not of sufficient ability to maintain themselves, and have not rela- tions who are by law obliged to maintain them, they shall be supported at the cost and charge of the town from whence they were removed. And it shall be the duty of the select-men of the town where they shall reside, to see `that such persons are kept to a suitable employ, in order to support themselves.


And be it further enacted, that all towns in which there are any in- habitants, and no select-men, shall be under the jurisdiction of the select- men of the next adjoining town, or of the nearest town where there are select-men, as far as relates to this act.


Be it further enacted, that the towns hereafter mentioned in this act, shall be considered as frontiers, viz :- Arlington, Sandgate, Ruport, Pol- lett, Wells, Poultney, Castleton, Rutland, Pittsford, Clarenden, Tin- month, Wallingford, Danby, Shrewsbury, Newfane, Townshend, Lon- donderry, Brumley, Andover, Cavendish, Pomfret, Woodstock, Bernard, Royalton, Bethel, Newbury, Barnet, Rygate, Maidston, Guildhall, Lu- nenburgh, Strafford, Manchester, Reading, Wethersfield, Athens, and Hertford.


ARTICLES, RULES, AND REGULATIONS, for preserving Order, good Government, and Discipline among the Militia, and other forces of this State, when called to actual Service, for the defence and secu- rity of the same, and when called upon with respect to going into ser- vice, &c.


Be it enacted, &c. that the following articles shall be observed for the purpose aforesaid.


SECTION I.


ARTICLE I. All officers, non-commissioned officers, and soldiers, when the safety, the good of the service, and conveniency permits, shall, with decency and reverence, attend divine service, at the place appointed for that purpose, on penalty of being, by the judgment of a court-martial, mulet of the whole of his or their wages for one day, respectively.


ART. IL. Any officer, non commissioned officer, or soldier, who shall use any unlawful oath or execration, shall incur the penalty expressed in the first article.


ART. III. Any officer, non-commissioned officer, or soldier, who shall behave himself with contempt or disrespect towards the general or gen- erals, or commander in chief, or shall speak words tending to his or their dishonour, or shall begin, excite, cause or join in any mutiny or sodi- tion in the regiment, troop, company, garrison, party, post, detachment or guard to which he belongs, or in any other corps or party of the mili- tia, or forces of this State, or the United States, or shall not use his ut- most endeavours to suppress any mutiny or sedition when he is present ; or knowing of any mutiny or intended mutiny, shall delay to give in-


1


116


LAWS PASSED, OCTOBER, 1780.


formation to the commanding officer ; such officer, non-commissioned of- ficer, or soldier shall suffer such punishment as shall be inflicted accord- ing to the nature of the offence, by the sentence of a court-martial.


ART. IV. Any officer or soldier, who shall strike his superior officer, or shall draw, or offer to draw, or lift up any weapon, or offer any vio- lenee against him, being in the execution of his office, or shall disobey his lawful commands, shall suffer such punishment as shall be intheted, ac- cording to the nature of the offence, by the sentence of a court-martial.


ART. V. Any non-commissioned officer or soldier, who shall desert, or without leave of his commanding officer, absent himself from the troop, company, or party, to which he belongs, shall be liable to pay all rea- sonable cost, arising from the recovery of any such soldier so deserting, as well as such reasonable sunt as may be offered by his commanding of- ficer, as a reward or encouragement for apprehending and returning any such deserter ; which cost shall be deducted out of such deserter's pay, if a sufficiency be due for his services ; otherwise to be recovered by bill, plaint or information, before any court proper to try the same ; and shall suffer such other punishment as shall be inflicted by the sentence of a court-martial.


ART. VI. Any officer or soldier, being convicted of advising or en- couraging any other officer or soldier to desert, shall suffer such punish- ment as shall be ordered by the sentence of a court-martial.


ART. VII. All officers shall have right ro quell quarrels, frays and dis- orders, though in any other corps, and to order in arrest or confinemen the persons concerned ; and whosoever shall offer any violence to such of- ficer, (though of an inferior rank ) shall be punished at the discretion of a. court-martial.


ART. VIII. Whatsoever officer, either in actual service of the State, or of the militia at home, who shall be guilty of disobedience of or- ders, and be thereof convicted before a general court martial, shall be cashiered ; and if not in actual service, to pay cost of prosecution.


ART. IX. All challengers, duellers, and seconds, and all who shall aid or abet them, shall be dealt with according to the nature of his of- fence, agreeable to the laws of war, by judgment of a court-martial.


ART. X. Any officer or soldier, who shall use any reproachfol or provoking speeches or gestures to another, or shall behave disorderly, or use any menacing words or contemptuous carriage, in the presence of a court-martial, shall be punished according to the nature of his offence.


ART. XI. Any non-commissioned officer or soldier, who shall in camp, garrison, quarters, or on a march, offer any violence to any inhabitant, or commit any outrage on him or his goods ; or shall plunder any house, or other building, or any field, garden, or lot, of any effects ; or shall kill, wound, or destroy, any cattle, sheep, hogs, fowls, or any other creature, belonging to any of the good people of this State ; or shall by threatening, or otherwise, force or compel any of the inhabitants to loan, give, or sell any horse, carriage, victuals, liquors, entertainment, or any other thing, shall be punished, according to the nature of his offence, by the judgment of a court-martial ; and reparation shall be made by the offender to the party injured, by paying him the wages due to the offender, or by deliv-


117


LAWS PASSED, OCTOBER, 1780.


ering him over to the civil authority, to be dealt with according to the law of the land, as the case may require : and any officer who shall com- mand on a march, or in camp, garrison, or quarters, who shall neglect to see justice done herein, shall, on proof thereof before a general court mar- tial, be cashiered, and otherwise suffer such penalties as such offenders . ought to have done.


ART. XIL No non-commissioned officer or soldier, shall be found one mile from the camp without leave in writing from his superior officer. No officer or soldier shall be out of his camp or quarters, without leave from his commanding officer. All non-commissioned officers and soldiers shall, at retreat-beating, retire to their quarters. All officers, non-commissioned officers, and soldiers shall, at the time prefixed by the commanding offi- cer, immediately repair to the parade, alarm-post, or other place of ren- dezvous, and there shall remain until duly dismissed or relieved : any who shall offend herein, shall be punished according to the nature of his offence, by the judgment of a court-martial.


ART. XIII. If any officer or soldier shall think himself wronged by his superior officer, and shall, upon due application made by him, be refu- sed redress, he may complain to the general, or commander of the camp, post, or garrison, who is hereby required to examine into the matter, and see that justice be done.


ART. XIV. Any commissioned officer found drunk on guard, or other duty under arms, shall be cashiered. Any non-commissioned officer or soldier so offending, shall suffer such punishment as shall be inflicted by the sentence of a court-martial.


ART. XV. Any sentinel found sleeping on his post, or who shall leave his post before relieved, shall suffer such punishment as a conrt-martial shall order.


ART. XVI. Any person who shall designedly make a false alarm, or any officer or soldier who shall, without urgent necessity, leave his pla- toon or division, shall be punished, according to the nature of his offence, by judgment of a court-martial.


ART. XVII. Any officer, non-commissioned officer, or soldier, who shall leave his post in time of an engagement, to go in search of plun- der, shall suffer sach punishment as a court-martial shall see cause to inflict.


ART. XVIII. Any officer or soldier, who shall, by his influence, cause or excite the officers or sokliers of any post, to compel the com- manding officer of any post, or garrison, to give it up to the enemy, or to abandon it, shall suffer death, or such other punishment as a general court- martial shall inflict.


Anr. XIX. Any officer er soldier, who shall make known the parole or countersign, to any one who is not entitled to receive it ; or shall give a false parole or watch-word to any who are entitled to receive it, shall suffer death, or such other punishment as a general court-martial shall inflict.


ART. XX. Whatsoever officer or soldier, when in service, shall ro. lieve the enemy with money, victuals, arms, or ammunition ; or shall knowingly harbour or protect the enemy, or shall hold a correspondence,


418


LAWS PASSED, OCTOBER, 1780.


or give intelligence to the enemy, either directly or indirectly, shall suf- fer death, or such other punishment as a general court-martial shall in- tlict.


ART. XXI. Whatever officer or soldier, in time of an engagement, shall traitorously and evidently, be aiming to decoy or betray any corps, party or detachment into the hands and power of the enemy, shall suffer death.




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