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 50
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Be it enacted, &c. that the said George Duncan be, and hereby is au- thorised to commence his suit for the trial of the title of the said tract ofland, known by the name of the Utley Farm, as described in the said Duncan's petition, and the said report of the aforesaid committee thereon : and that the county and superior courts be and they hereby are impowered to take cognizance of, try and determine the dispute between the said George
427
LAWS PASSED, APRIL, 1781.
Duncan and William Ultey concerning the title of the tract of land afore- said-appeals to be allowed as in other causes-any law, usage or cus- tom to the contrary notwithstanding.
AN ACT in addition to an Act, entitled " an Act for the division of Counties within this State."
Be it enacted, &c. that all the lands within this State, on the east side of Connecticut river,* lying and being opposite the county of Orange, be, and hereby are, for the the time being, annexed to the said county of Orange.
Be it further enacted, that all the lands lying and being within this State, on the east side of Connecticut river, opposite to the county of Windsor, and northward of the northerly lines of the towns of Claremont, Newport, Unity, and Wendal, be, and hereby are, for the time being, an- nexed to the county of Windsor.
And be it further enacted, that all the lands within this State, on the east side of Connecticut river, southward of the northwardly lines of the towns of Claremont, Newport, Unity, and Wendal, be, and hereby are, for the time being, erected into one entire and distinct county, by the name of Washington county.t
AN ACT to impower the Courts hereafter to be appointed in the Coun- · ties of Washington and Orange, to take up all actions and suits, both civil and criminal, pending in said counties, and pursue them to final judgment and execution.
Whereas, there have been divers actions and suits, both civil and crim- inal, commenced in the counties of Cheshire and Grafton, while under the jurisdiction of New-Hampshire ; many of which are now pending and undetermined :- Therefore, to prevent injustice to the public, or ex- pense to individuals, respecting the same,
Be it enacted, &c. that all suits, actions, and processes of whatever name or nature, now pending in any inferior court of common pleas, or court of general sessions of the peace, within either of the said counties, be transferred to, taken up, tried and determined by the county courts, hereafter respectively appointed in the counties of Washington and Orange ; and that no fees be demanded by the said courts, for entering any actions, which have been already entered in either of the said coun- ties of Cheshire and Grafton ; and that all suits now pending in the su-
* For an account of the union of part of New-Hampshire with Vermont, see page 126-37
t The territory claimed by Vermont on the east side of Connecticut river, was, by an act passed at this session, divided into four probate districts, viz : the districts of Keen, Claremont, Dresden, and Haverhill.
428
LAWS PASSED, APRIL, 1781.
perior court, in either of said counties, be, in like manner, taken up, and transferred to the superior courts of the State of Vermont, to be by them determined : and that the said suits and actions be tried and adjudged, and cost taxed, and appeals allowed, agreeable to the rules, laws and customs of the State of New-Hampshire : and that all attachments heretofore made, and all bail heretofore taken, be allowed and held good : and that all executions, writs and warrants, now in the hands of any or either of the sheriff's or officers, in the counties aforesaid, be levied, served, and returned by the said officers, to the superior or county courts respectively, as they issued from the superior or inferior courts in said · counties : and that alias and pluries executions be issued and levied. un- til the said judgments be satisfied : and that the said courts, hereafter to be appointed in said counties, be. and they are hereby, impowered to hear and determine all suits and actions now pending in either of said counties, for the trial of the title to any tract or tracts of land whatever, in either of said counties : and that all appeals heretofore made from any judgment recovered in any inferior court, in cither of said counties, to a superior court, and not yet entered, be entered and tried at the superior court of the State of Vermont, at their next session in said counties.
And be it further enacted, that all actions and suits pending in the superior, or county courts, in said county of Cheshire, be transferred to the superior, and county courts respectively, that shall first be held in the county of Washington ; and all actions and suits pending in the county of Grafton, be, in like manner, transferred to the superior and county courts, to be holden in the county of Orange.
AN ACT directing the County Courts in their Office and Duty.
Be it enacted, &c. that any three judges of the county courts in said State, when commissioned, shall have power to liold county courts in their respective counties, at the times and places by law appointed, and also on their own adjournments : which county courts shall have power to hear and determine all crirzes and misdenicanors not capital, and which by law are cognizable before said court ; and also to hear and de- termine all civil actions and suits between parties, where the demand or matter in dispute shall exceed the sum of six pounds ; and also to hear and determine all causes, actions, and suits which shall be brought be- fore them hy appeal from the judgment of any justice of the peace, with- in their respective counties : and that any one or two judges of the said county courts, being at the time and place by law appointed, for holding the said courts, shall have power to open and adjourn the same.
That the judges of the county courts, in their respective counties, shall have power to appoint a clerk for their court ; who shall, and is hereby impowered to, grant executions on judgments rendered in said courts, and to act and do all things proper to be done, by the clerk of a county court in the execution of his office, according to the rules, orders and directions of the said courts : which clerk shall be the county register. And that the chief judge of either of said courts, or, in his absence, any two of his
429
LAWS PASSED, APRIL, 1781.
assistants, be hereby impowered to call a special court, upon any extra- ordinary occasion, within his respective county : any law, usage or cus- tom to the contrary notwithstanding.
.
And be it further enacted, that the judges of the said county courts in their respective counties, shall have power to appoint a county treasurer, and State's attorney for the county : and the said county treasurer, when thereto required by the county court, shall become bound to the treas- urer of the State, with two sureties, such as the said court shall approve, in the penal sum of two thousand pounds lawful money ; which surety shall be renewed when, and so often as, the said court shall require.
And be it further enacted, that no plaintiff or plaintiffs, in any action of assault and battery, or trespass on the case, shall be allowed for costs, more than the damage recovered, unless sueli damage shall exceed the sum of six pounds.
AN ACT for more effectually supplying the Troops.
Whereas, the quantities of provisions ordered to be raised by the Gen- eral Assembly of this State, at their sessions in October last, is found to be insufficient to answer the purpose of supplying the troops necessary to be employed in the defence of said State, for the ensuing campaign; which makes it necessary that some other measures be pointed out to furnish an additional supply, from time to time, as may be found neces- sary. For which purpose,
Be it enacted, &c. that the Commissary General of purchases of this State be, from time to time, supplied with money from the treasury of said State, by an order from the board of war, to purchase all such quan- tities of the different species of provisions, as he shall receive orders from said board, for the necessary supply of the troops already raised, and to be hereafter raised, for the defence of said State, with the provisions al- ready raised for the present campaign.
AN ACT ascertaining the current value of Continental Bills of credit, in Spanish milled dollars, in this State ; and of contracts made for payment thereof, in the several periods of its depreciation.
Be it enacted, &c. that all contracts made on or before the first day of September. 1777, for lawful money or bills of credit, shall be deemed equal to the same nominal sum of gold or silver; and that all contracts made between the first day of September, 1777, and the first day of Sep- tember, 1780, understood or expressed to be for the common currency of the United States, or continental currency, shall be rated at Spanish milled dollars, or other coins or currency equivalent, agreeable to the following table, which shews the value of one hundred Spanish milled dollars, in continental bills of credit, at the several times therein expressed.
430
LAWS PASSED, JUNE, 1781.
September 1, 1777, 100 October 1, 1778, 325 October 1, 1779, 1450
October 1,
110
November 1, -
360 November 1,
1600
November 1, 120 December 1, 400
December 1, 180G
December 1, 136 January 1, 1779,
450 January 1, 1780, 2000
January 1, 1778,
140 February 1,
50‘
February 1,
2400
February 1,
155
March 1,
55
March 1,
2800
March 1,
170
April 1,
600
April 1,
3200
April 1,
185
May 1,
80 May 1, 3600
May 1,
200
June 1,
1000
June 1,
4000
June 1,
220 July 1,
110i
July 1,
5000
July 1,
240
August 1,
1200
August 1, 6000
August 1,
26(
September 1,
130
September 1,
7200
September 1, 295
And be it further enacted, that all contracts made on or before this date, may be discharged by paying the just value of the currency con- tracted for, as ascertained by this act, in silver or gold, or in bills of credit. of the United States, at the current exchange, at the time of payment : and that the aforesaid scale be the rule in all courts of law, and in com- mittee of pay-table for settling the rate of depreciation in all contracts as aforesaid.
LAWS PASSED AT BENNINGTON,
JUNE SESSION, 1781.
AN ACT for the purpose of forming the Western Territory, lately ta- ken into Union* with this State, into Townships, and for annexing it to the Counties of Bennington and Rutland.
Whereas it is found necessary, for the purposes of representation, and for exercising civil government, that the inhabited part of the following described district, viz .- Beginning at the north-west corner of Williams- town, and extending west, ten degrees north, to the centre of the deepest channel of the waters of Hudson's River ; then up said river, and ex- tending through the centre of the deepest channel thereof, to the head thereof ; thence north, by the needle of the compass, to the latitude forty five-(lately taken into union with this State) be divided into townships, with the usual incorporate privileges ; and that the said district be annex- ed to said counties. Therefore,
Be it enacted, &c. that the districts of land, in said territory, common- ly known by the names of Hosack, Cambridge, White-Creek, alias New- Perth, Black.Creek, Skeensboroughi, Kingsbury, Scotch-Patent, alias Argyle, and Fort-Edward, be, and they are hereby incorporated, each of them, into a distinct township, and to be severally known and distinguish-
* For an account of the formation of this union, see page 138-11.
431
LAWS PASSED, JUNE, 1781.
ed by the aforesaid names respectively ; and are hereby vested with all the privileges and immunities, which other towns within this State do of right exercise and enjoy.
Be it further enacted, that the tract of land within the said territory, lying west of, and adjoining to, Pownal, and north of the south line of said territory, and west of a line extended from the east line of the tract of land known by the name of Scorticook district, and south of Hosack district, be and is hereby incorporated into a township, by the name of Little-Hosack ; and that the tract of land, lying bounded west on the north river, south on the south line of said territory, north on the tract of land, commonly called Scorticook district, and east on Little-Hosack, together with the district of land, commonly known by the name of the district of Scorticook, be and is hereby incorporated into a township, by the name of Scorticook ; and that such part of the tract of land, known by the name of the district of Saratoga, as is included in said territory, be and is hereby incorporated into a township, by the name of Saratoga- East ; and that the tract of land, lying west of, and adjoining to, Pollet, and north of, and adjoining to, Black-Creek, and westerly on Kingsbury and Skeensborough, be and is hereby incorporated into a township, by the name of South-Granville ; and that the tract of land, north of said South-Granville, as far north as the west-line of the township of Wells extends, be and is hereby incorporated into a township, by the name of North Granville ; and that the tract of land, northward of said North- Granville, extending north to the East-Bay, bounded eastward on Fair- haven, and westward on Skeensborough, be and is hereby incorporated into a township, by the name of Eastborough. And that each of said townships be and are hereby vested with the same privileges and immu- nities as other towns within this State do of right exercise and enjoy.
And be it enacted, that the townships of Little-Hosack, Hosack, Cam- bridge, Scorticook, and Saratoga-East, being that part of said territory which formerly belonged to Albany county, be and are hereby annexed to the county of Bennington ; and that all the remaining part of the a- foresaid townships, be and are hereby annexed to the county of Rutland.
AN ACT directing the holding Town Meetings in the Western Terri- tory lately taken into Union with this State, and directing the Listers in said Territory in their Office and Duty.
Whereas, for the purpose of civil government, it is found necessary that the inhabitants of the towns lately formed in the western territory, lately taken into union with this State, be directed and impowered to hold town meetings, and choose the town officers necessary for the present year.
Therefore,
Beit enacted, &c. that the inhabitants of each of the respective towns, formed and incorporated by this Assembly, in said territory, be, and they are hereby authorised and impowered to hold town meetings in their re- spective towns, at such time in the month of July next, and at such places as usual, or most convenient in their respective towns, as the persons
TH
432
LAWS PASSED, JUNE, 1781.
hereafter impowered to warn such meetings shall direct ; and to appoint such officers at their said meetings, as other towns, in this State, by law, are directed and impowered to choose, in their annual March meetings : which officers, when sworn to the faithful discharge of their office, shall be, and they are hereby impowered to execute such office as they are ap- pointed to, as other officers of the like kind, in the other parts of this State are.
And it is hereby recommended to the inhabitants of each of the said towns, at their said meeting, to choose one or two meet persons for jus- tices of the peace in and for the county to which they belong, and make return to the Governor and Council, of such choice, in order that such ·
persons be appointed and commissioned, in case they are approved of by them.
Be it further enacted, that the persons hereafter named, be, and they are hereby impowered to warn town meetings in the towns to which they respectively belong ; that is to say,-Capt. William Sheppard, for Scor. ticook ; Mr. Thomas Smith, for Saratoga; Mr. Stutson Benson, for Ho- sack ; Col. Joseph Caldwell, for Cambridge ; Mr. Benjamin Randal, for Little-Hosack ; Capt. Solomon Brown, for White. Creek, alias New- Perth ; Capt. Aaron Osgood, for Black-Creck ; Capt. David Blakesley, for South-Granville; , Capt. John Grover, for North-Granville; Mr. James Burroughs, for Skeensborough ; Mr. Lemuel^Hide, for East-Bo- rough ; Mr. Gilbert Harris, for Kingsbury ; Capt. Batty, for Scotch- Patent, alias Argyle ; Mr. Daniel Paine for Fort-Edward.
And whereas the time the law directs that the inhabitants of the re- spective towns in this State be warned to give in the list of their polls and rateable estate, is now elapsed, and there is a necessity of the said lists being regularly taken in the towns in the said territory :
Therefore,
Be it enacted, that the listers chosen in the respective towns in the ter- ritory aforesaid, be, and they are hereby authorised, for the present year, to warn all the inhabitants of their respective towns, some time in the month of July, to give in, to them, their respective lists, according to: law, by the fifteenth day of August next, of all their rateable polls and estate they were possessed of on the twentieth day of June; which list shall be inspected by said listers, and returned to the General Assembly, agreeable to the law of this State.
And the said listers shall govern themselves in their said office, accord- ing to said law, in all respects, the times therein mentioned only excepted.
AN ACT to prevent the transportation of Provisions out of this State.
Whereas, it is found, that by the transportation of provisions out of this State, it will be difficult, if not impossible, to provide for the troops in the service of said State, the present season ; and likewise the inhabi- tants will be put to great difficulty in procuring necessary provision for their support :
-
0
433
LAWS PASSED, JUNE, 1781 .
Which evil to prevent,
Be it enacted, &c that from and after the eighth day of July next, no neat cattle, beef, pork, wheat, rye, Indian corn, wheat or rye flour, or meal of any kind, shall be transported out of this State, till the rising of the General Assembly in October next, unless permit be obtained, sign- ed by.an assistant or two justice of the peace within the county where any such articles are designed to be transported from; and that only, to procure salt for his or their families use
And be it further enacted, that when any person or persons shall transport any or either of the aforesaid articles as aforesaid, and be con- victed thereof, shall forfeit the value thereof, for the use of this State, to be recovered by bill, plaint, or information, before any assistant, justice of the peace, or other authority proper to try the same.
And be it further enacted, that upon information made to any assis- tant, justice of the peace, or other authority proper to try the same, within this State, that any person or persons shall have any of the afore- said articles, where there is good ground of suspicion that he or they de- sign privately to transport the same out of this State, that any such assis- tant or justice of the peace is directed to issue his warrant, directed to the sheriff, liis deputy, or either of the constables of the town where any such articles may be, to forthwith seize the same for the use of this State ; and return shall be made of said seizure to said court, and also the per- son from whom said articles were seized, notified to appear (as specified in said writ ) before said court, by reading the same in the hearing of the person from whom said goods were taken, or by leaving an attested copy of said writ or process at his, her, or their usual place of abode, if within this State, four days before the tryal for said seizure. And in case the person from whom said goods should be so taken, is not an inhabitant, or sojourner within this State, then such attested copy to be left in manner as aforesaid, at the place where such seizable goods shall be found. And in case such suspected person do not satisfy the court before whom the tryal may be had, that he had no design to convey said article or articles out of this State, contrary to this act, judgment shall be rendered against such person for the costs; and such article or articles shall be taken for the use of this State.
Provided nevertheless, that such person or persons from whom said goods shall be so taken, sliall be entitled to receive the common market price for his said articles so seized; and the commissary-general of pur- chases is hereby directed to pay the same.
And it is hereby further enacted, that it shall be the business and duty of the commissary-general, his deputies or agents, and justices of the peace, the select-men, or either of them, within any town in this State, to prosecute and sue for the forfeitures and penalties in this act afore-mentioned. And in case any commissary-general, or his agents, the select men, or either of them, within any town in this State, shall bring forward any process for the recovery of the forfeitures mentioned in this act, and shall not support the same, in the opinion of the court before whom the cause shall be tried, the article or articles taken and
434
LAWS PASSED, JUNE, 1781.
seized, shall be immediately restored to the owner ; and such defendant be allowed his reasonable costs, to be paid by the treasurer of this State.
And it is hereby further enucted, that the commissary-general, his deputies, justices of the peace, and the select-men, within any town in this State, shall receive a reasonable reward for their services, in carrying . this act into execution, to be paid by the treasurer of this State, where the legal fees arising from any prosecution shall not be found sufficient to pay them.
And it is hereby further enacted, that the representatives of the seve- ral towns within this said State, be directed to post up a notification in writing, in the most public places within their respective towns, as soon as may be, that all neat cattle, beef, pork, wheat, rye, Indian corn, wheat or rye flour, or meal of any kind, shall not be exported from this State between the eighth day of July next, and the rising of the General Ast sembly in October next, without permit therefor.
And it is hereby further cnacted, that this act be in full force in every part of this State, from the said eighth day of July next, as above meu- tioned, except in the county of Bennington ; and that this act take place, and be in full force in the county of Bennington, from and after the rising of the present General Assembly, and to be in force until the rising of the next session of the General Assembly, in October next.
In General Assembly, June 26, 1781.
Whereas, some towns in this State, who have a right to choose two members to attend the General Assembly, have chosen two with a view of having only one of them attend at a time ; which choice, by augment- ing the number of the whole, augments the number of the quorum ; and by such members not attending, difficulties may arise about a quorum, at. the times of adjournment. Therefore,
Resolved, that it be, and is hereby recommended to such towns to elect no more members, in future, than they mean and intend to liave con- stantly attend on said Assembly.
AN ACT to impower Heads of Classes in the Western District to tax the Members of said Class, &c.
Whereas sundry persons in the western district, have been appointed heads of classes, by the authority of the State of New-York; in conse- quence of which appointment, they have engaged, and are further to en- gage, sundry persons in the service of this and the United States ; to some of whom they have given their obligations promissory, for their county ; which heads of classes are, by a law of the State of New-York, vested with authority to levy a tax on the several members of each class, for the payment of such sum or sums of money as have been,or shall, from time to time, be found necessary by such heads of classes, to be paid or engaged
435
LAWS PASSED, JUNE, 1781.
to be paid, for such man or men, as shall, at any time, be called for from such class. Therefore,
Be it enacted, &c. that each and every such head of classes be, and they are hereby authorised with full power and authority, to call on the sev- eral members of their classes for their proportion of such sum or sums; and.in case of neglect or refusal, to proceed against them as the law di- rects in case of debt; and such men so raised be directed forthwith to join a company in this State.
AN ACT to prevent turning Streams of Water out of their natural courses.
Whereas, many difficulties and inconveniences may arise, by the wa- ters of any river or brouk being turned out of their natural channel or course, as well as individuals may suffer by means of having the water stopped or turned off their lands :
Which evils to prevent,
Be it enacted. &c. that if any person shall dam up the waters of any stream, or turn the waters thereof to the damage of the public, or any in- dividual, he shall be liable to pay any damage the public or such individ- ual shall sustain thereby, and all costs of prosecution.
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