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 51
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AN ACT to vacate a certain Judgment obtained by Hezekiah Olney, against Benjamin Gorton, and to grant a new Trial to the parties in the said suit.
Whereas, Benjamin Gorton, of Brattleborough, in the county of Wind- ham, cordwainer, has represented to this Assembly, that he was lately served with a summons, to appear before Noah Sabin, Jun. Esq. one of the justices of the peace for Windham county, at Putney, on the ninth day of May last, to answer unto Ilezekiah Olney of Putney in said coun- ty, upon a note of hand therein said to have been executed by the said Benjamin to the said Hezekiah.
And whereas, the said Benjamin hath proved to the satisfaction of this House, that it was rendered impracticable, by an act of Providence, for him, or any attorney for him, to appear before the said justice on the said ninth of May ; by reason whereof he was prevented trying the said cause, and the said Hezekiah recovered a judgment against him for the sum of eiglit pounds debt, and thirteen shillings and eleven pence costs. And whereas the said Benjamin has made oath that he never executed any note or writing to the said Hezekiah, or had any dealings with bim ; and has humbly prayed the interposition of this House to annul the said judg- ment, and all process thereon, and to grant a new trial to the parties in the said suit.
Be it therefore enacted, &c. that the said judgment, and all process thereon, shall be, and hereby are, annulled, superceded and made void
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LAWS PASSED, JUNE, 1781.
and of no effect : and that it shall be lawful for the said Noah Sabin, Jun. Esq. and he is hereby required, on the second Thursday of July next, at one o'clock in the afternoon, at the dwelling-house of Peter Willson in Put- ney, or at any other time and place to which the said justice shall adjourn the said cause, to hear, try, and determine the said dispute, depending between the said parties, in such manner and form as the same ought to have been determined by law, if no judgment had been rendered in the said cause; and to award to the party in whose favor he shall give judg- ment, not only the the taxable costs of obtaining the former judgment, and in the new trial, but all such necessary and reasonable expenses as shall have accrued in procuring such new trial, and all other incidental charges of either plaintiff or defendant. Provided, that the constable of Putney, or some indifferent person, shall read a copy of this act to the said justice, and the said Hezekialı, or leave copies thereof at their respect- ive dwelling-houses, on or before the twenty-ninth day of June instant.
AN ACT to impower Colonel Jolin Strong to execute a Deed to Zac- cheus Malleroy, of a certain tract of land therein described.
Whereas, it has been made to appear by sufficient evidence, that Zac- cheus Malleroy, of Wells, in the county of Rutland, and State of Vermont, did in the month of December, Anno Domini 1776, agree with Enoch Malleroy late of said Wells, now with the enemies of this and the United States, to purchase of him the said Enoch, a certain tract of land lying and being in said Wells, and bounded as follows, viz : beginning at Ja- bez Warren's northwest corner, thence running west, ten degrees north, forty-seven rods, thence south ten degrees west, one hundred and sixty rods, thence east ten degrees south, forty seven rods, thence north ten degrees east, one hundred and sixty rods to the first mentioned bounds : being the east part of the lot No. 15, in the second division, containing forty-five acres : for which tract the said Zaccheus did pay to the said Enoch a valuable consideration ; and that the said Enoch did thereupon covenant and agree to give and execute to the said Zaccheus a good au- thentic deed of the premises : which said covenant and agreement, the ssid Enoch hath never performed to the said Zaccheus. And whereas, the estate of the said Enoch has since been by sentence of law, confisca- ted to the use of this State : and this Assembly willing, as much as in them lies, to do justice in the premises. Therefore,
Be it enacted. &c. that Colonel John Strong be appointed, and is hereby appointed, authorised and impowered, to give and execute to the aforesaid Zaccheus Malleroy, a good authentic deed of conveyance of the above described premises : which deed given and executed as aforesaid, and recorded according to law, shall, in law, be deemed a good evidence of title to the aforesaid premises, in as full and ample a manner as though the said Enoch Malleroy had given and executed a deed thereof accord- ing to the covenant and agreement aforesaid.
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LAWS PASSED, JUNE, 1781.
AN ACT for the purpose of making up the Depreciation of the Conti- nental Money to Colonel Warner's Regiment, and Captain Lee's Company.
Whereas, the Continental money has depreciated to that degree, that · there is the highest necessity, in order to do justice to individuals, to make up the depreciation of said money to Colonel Seth Warner's regiment, and Captain Lee's Company. Therefore,
Be it enacted, &c. that the committee of pay-table be, and they are hereby, directed to forthwith examine into the state of the said regiment, with regard to the said depreciation, as soon as the proper papers are laid before them, by the proper officers, and adjust the accounts of the depre- ciation of said regiment, allowing the colonel fifteen pounds per month, the lieutenant-colonel twelve pounds, the major ten pounds, captains eight pounds, lieutenants five pounds eight shillings, ensigns four pounds ten shillings, serjeants two pounds eight shillings, corporal, drum or fife two pounds four shillings, and privates two pounds per month.
That such of the officers and soldiers of said regiment, or said compa- ny, who have had a right of land granted them, on account of their ser- vice in said regiment, shall have the price thereof deducted out of the money due to them : and such as have not, shall have a right granted them on account of said service, and be subject to such deduction.
And the said committee of pay-table are hereby directed to draw on the treasurer for the sum of twenty pounds, for each of the field officers of said regiment, and the sum of twelve pounds for each captain, or other commissioned officers of said regiment and company, and the sum of six pounds for each non-commissioned officer or soldier of said regiment or company, to whom it shall be found to be due, agreeable to a former re- solution of the legislature of this State, for making up the depreciation to the officers and soldiers of said regiment, who have not had the same made up to thein, by any other State, or any thing in lieu thereof. And the balance found due to the officers and soldiers of said regiment and company, after all the payments heretofore made, and those directed to be paid by this act, are deducted, being certified to the treasurer by the committee of pay-table, shall be secured to the several persons to whom the monies shall be found to be due to, by loan office notes ; to the offi- cers, one half the balance within three years from the first day of March next, the other half within two years from the first day of March next ; to the soldiers, the whole of the balance within two years from the first day of March next. Said notes to be on interest, at six per cent per an- num.
AN ACT for detecting and discouraging Desertion.
That whereas, it often happens that deserters from the Continental army flee to this State for resort. Therefore,
Be it enacted, &c. that whenever it shall so happen, that any Conti- nental officers shall proceed to this State, for to obtain any deserters from
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said army, it shall, and hereby is declared to be the duty of, and enjoined upon, every officer, both civil and military, within this State, to give all that aid and assistance to them, when requested, that shall be necessary for the purpose aforesaid ; for which they shall be paid by such officer.
And be it further enacted, that if any person within this State, shall harbor, conceal, or endeavor to rescue, any deserter aforesaid, from any Continental officer aforesaid, or any deserter from this State's troops, he shall pay a fine not exceeding twenty pounds : one moiety thereof to be for the use of this State, the other half' to him or them who shall prose- cute the same to effect, before any court proper to try the same.
AN ACT to discharge the Township of Thomlinson, in the County of Windham, from raising their proportionate part of Provisions for the use of the Troops in this State .*
Whereas, an act of Assembly was passed in their sessions in October last, entitled " An Act for the purpose of procuring provisions for the troops to be employed in the service of this State ;" and among the town- ships allotted for that purpose, the township of Thomlinson (though at those sessions not represented) was included. And whereas said town- ship of Thomlinson being but thinly inhabited, and new beginners, not having as yet so far cultivated their lands as to be in a capacity to pay their quota of provisions, so enjoined them ; neither have they raised any for the maintenance of their families, (one only excepted, who has raised but a bare sufficiency,) but are necessitated to have recourse to others for- their assistance.
Be it therefore enacted, &c. that the township of Thomlinson afore- said, be, and is hereby, discharged of and from the payment of their quota. of provisions, so allotted and enjoined them, by virtue of the act of As- sembly before recited : of which all persons concerned are to take notice, and govern themselves accordingly.
AN ACT to suspend prosecutions against Isaac Tichenor, Esq. late Commissary of Purchases, for public purposes, until the rising of the Assembly in October next.
Whereas, it is made to appear, by sufficient evidence, that there is due to Isaac Tichenor, Esq. late commissary of purchases, for the States of New-Hampshire and Vermont, and his agents, for public purchases, the sum of sixty-five thousand, one hundred and eighty-four pounds, nine shillings and five pence, Continental money, and one thousand, three hundred and twenty-four pounds, fourteen shillings and two pence, in specie value; and that he hath taken due pains to procure the said mon- ies from the public, but hath hitherto been unable to obtain the same.
* Several Acts similar to this, were passed. We give this as a specimen of the whole.
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LAWS PASSED, JUNE, 1781.
{ And whereas, the said Tichenor, and his agents under him, have given their private notes of hand to the several persons of whom they respec- tively have purchased, for the public; and that said Tichenor and his agents are in danger of being entirely ruined, if actions should be brought and supported on the notes before mentioned.
Which to prevent,
Be it enacted, &c. that all and every action already commenced against said Tichenor and his agents, for public purchases, by him or them made, shall be stayed until the rising of the next General Assembly in October next. And that no actions shall be supported, that may be commenced against said Tichenor, or his agents, for purchases made in behalf of the public, until the rising of the next sessions of the General Assembly, in October next.
Provided nevertheless, that if the said Tichenor shall receive the pub- lic monies due to him as afordsaid, before the rising of the General As- sembly in October next ; then it shall and may be lawful for every per- son, to bring his or their action against said Tichenor, on the notes afore- said ; any thing in this act to the contrary notwithstanding.
AN ACT for making the Laws of this State, now extant, temporary, and to be in force until the rising of the General Assembly of this State, at their session of October next.
Whereas, it is found necessary that the laws of this State, now extant, shall be in force until the rising of the General Assembly in October next. Therefore,
Be it enacted, &c. that the laws of this State, now extant, be, and are hereby, established to be in force as laws of this State, until the rising of the General Assembly of this State, in their session of October next.
LAWS PASSED AT CHARLESTON,
OCTOBER SESSION, 1781.
AN ACT authorising the sale of the real Estate of Aquila Cleveland, deceased.
Whereas, it has been sufficiently proved, to the satisfaction of this House, that it is necessary, and for the interest of the children of the said Aquila Cleveland, that the farm whereof the said Aquila died seized, ly- ing in Guilford, in the county of Windham, should be sold.
Therefore,
Be it enacted, &c. that Jedediah Wellman and Mercy, his wife, (which
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LAWS PASSED, OCTOBER, 1781.
said Mercy is administratrix of the estate of the said Aquila Cleveland) sliall be, and hereby are, fully authorised and impowered to sell and dis- pose of the said farm ; and the money arising from such sale, to employ for the benefit and advantage of the relict and children of the said Aquila; under the directions of the judge of probate for the district of Marlbo- rough : saving the right of dower of the relict of the said Aquila.
AN ACT enabling the inhabitants of the several towns to tax the lands, within their respective towns, for certain cases therein mentioned.
Whereas, the value of the landed interest of non-resident proprietors is greatly advanced by settlements being formed in the towns where such lands lie, and especially by public buildings being erected therein.
Be it enacted, &c. that the inhabitants of the several towns in this State, be, and hereby are, authorised and impowered, at any legal meet- ing, warned and convened for that purpose, to levy on the lands such tax or taxes as they shall agree to, not exceeding, in the whole, two pence per acre, for the purpose of building houses for public worship, school- houses, and bridges. And when any tax or taxes are levied as aforesaid, the select-men, in the towns where such taxes are levied, are hereby au- thorised and impowered to grant their warrant to the collector, directing him to collect them ; and the collector shall thereupon, proceed in col- lecting them, in the same manner in which collectors are authorised by law to proceed in collecting proprietary taxes. Provided nevertheless, that nothing in this act shall be construed to authorise the inhabitants of any town, to levy any tax on such lots or rights of land. as are appro- priated to public or pious uses. Provided also, that nothing, in this act, shall be construed to deprive any persons of privileges secured to them by the Constitution.
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 necesssaries to supply the army, without call- ing on each town for a quota of such supplies. Therefore,
Be it enacted, &c. that there shall be levied on the polls, and rateable estates of the inliabitants of the several towns within this State, on the grand levy for the year 1781, a tax of provision, in manner following, vix ; twenty ounces of wheat flour, six ounces of rye flour, ten ounces of beef, and six ounces of pork, without bone, except rib and back-bone -- on the pound, agreeable to the forementioned list : and that the select- men of the several towns be, and hereby are, directed to make a provision rate, according to the foregoing proportion, on the inhabitants of their towns respectively ; which, with their warrant, they shall direct to the constables of said towns, impowering them to collect the same by the
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LAWS PASSED OCTOBER, 1781.
first day of February next. And the select-men of the several towns are hereby ordered to see that the said beer and pork be well salted, and that the whole of said provision be properly stored and secured in barrels, at some convenient place in each town : and that the whole of the expense .of securing, salting and storing said provision be defrayed by the several towns, wherein the same is collected as aforesaid.
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, command- ing him to levy of the goods or chattels of such select-men, and dispose thereof, according to law, a sufficiency to procure such quota ; except it does appear to them that the people of the town, or one third part there- of, was 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 commissary-general, directing him, by himself, or his deputy, to re- pair to such town, and there seize, transport and dispose of, a quantity of any of the aforesaid articles, to the amount of such quota, belonging to such persons 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 se- lect-nien.
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 in which towns the commissary-general has 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 no- tify and acquaint the inhabitants of such town or towns of the tenor of such act. Provided, that such persons be not liable to be levied on as 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 and dispose of a quantity of any of the aforesaid articles, to the amount of such quota, belonging to any persons, inhabitants of such town. And it shall be the duty of the cominissary-general to see that such provisions be forwarded in such quantity, and at such time or tines, as shall be wanted for the use of the troops : and if it be found that there is a surplussage of provision for the army in service, it shall be in his power, with advice of the Board of War, to barter or exchange such part of such provisions as will appear ne- cessary, for rum, salt, powder, lead or other necessaries for the army.
And be it further enacted, that whatever select men, or persons ap- pointed by the Governor and Council, shall embezzle, or be concerned in embezzling, or misapplying any provisions collected for such quota, he shall forfeit and pay treble the value thereof; one inoiety to the public, for the purpose of procuring provision as aforesaid, the other moicty to
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LAWS PASSED, OCTOBER, 1781-
the person who shall prosecute to effect. That if any select-man, of other person appointed by the Governor and Council, shall collect, store up, or deliver to the commissary-general, or his order, any provision, ex- cept 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 neg- leet, or for want of properly attending to his duty.
And be it further enacted, that in such towns where there are no con- stables appointed, it shall be in the power of the select-men, or other per- son or persons appointed by the Governor and Council, to appoint a con- stable for every such town, who shall have equal powers in collecting said articles with other constables appointed 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 apply to the sheriff of the county, for such aid and assistance as shall be necessary for the due execution of his office, in collecting as aforesaid ; and that such person or persons, so resisting, shall be liable to pay the cost and expense of such assistants.
And be it further enacted, that this act be forthwith printed, and cop- ies thereof sent to the respective towns in this State, together with the damages of such towns as neglected returning in their lists to the General Assembly, according to law.
Proposals of amendment of the preceding act, made by the Governor and Council, and agreed to by the Assembly, viz :
That the same select-men and constable be impowered to continue un- til the provision herein ordered, be collected : any new choice notwith- standing.
That the casks in which any such provision is by this act intended to be packed, be branded by the same branding-iron, that such town is di- rected to brand their horses with ; that in case of bad provision, it may be known in future, from which towns respectively, such provision was procured and delivered.
AN ACT to enable persons who have entered and made improvement on Lands, under colour of title, who shall be driven out of the posses- sion by a 1. gal trial at law, to recover the value of what the estate is made better by such improvements, from the rightful owner of the Land.
Whereas, many persons have purchased supposed titles to lands with- in this State, and have taken possession of such lands under such supposed titles, and made large improvements on the same ; and who, having no legal title to such lands, must, if the strict rules of law be attended to, be turned off from their possessions, made at great labor and expense, and others who have wholly neglected the settlement of the country, will en- joy the benefits of their labor. Therefore,
Be it enacted, &c. that when any person or persons, in the actual pos-
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LAWS PASSED, OCTOBER, 1781.
session and improvement of lands, to which he, she or they so in posses- sion, have purchased a title, supposing at the time of purchase, such title to be good in fee, shall be prosecuted before any court by action of eject- ment, or writ of right, to final judgment, and judgment shall be finally given against such possessor or possessors, or person or persons in pos- · session as aforesaid ; such possessor or possessors as aforesaid, against whom judgment shall be finally given as aforesaid, shall have right in action, to recover of the person or persons in whom the legal right shall be found by such judgment, so much money as shall be judged equitable, on the whole view of the matter, in consideration of the possessor having settled thereon. And the manner of process shall be, that the recoverce or recoverees in such action as aforesaid, shall, within twenty-four hours after judgment, file a declaration, in an action of the case, against the re- coveror or recoverors, for so much as the estate is made better as afore- said, in the clerk's office of said court where such judgment was obtained; which shall be deemed sufficient notice to the adverse party to appear and defend in such action on the case, at the next stated or adjourned sessions of said court : and the court, on motion made, shall order the writ of seizin to be stayed until the last action aforesaid be determined : and the lands, recovered by said judgment, shall be holden to respond the judgment, if any there be, in favor of the possessor or possessors, as fully . as though the same had been attached by mesne process. And if, on trial, it shall be found necessary that a view be had of the premises, by the jury, to ascertain how much the estate is made better as aforesaid, the court, on motion made by either party, may grant such view ; and all reasonable charges arising by such view, shall be paid by him or them who moves for a view.
Provided always, that this act shall not extend to any thing future, or to any person or persons who shall take possession of lands, to which they have no legal title, from the time of passing this act : and that no person who hath ousted the rightful owner, or got possession of any im- proved estate by ouster, shall take any advantage or benefit by virtue of this act.
Be it further enacted, that if the plaintiff, in the action of the case a- foresaid, shall recover judgment in said action, no execution shall be granted in such case, until the expiration of six months after said judg- ment is recovered : and the writ of seizin shall be further stayed, until the expiration of the said six months, unless the defendant, in said action of the case, shall satisfy such judgment, either to the plaintiff recovering such judgment, or by paying the full sum of damages and costs so recov- ered, into the hands of the clerk of said court, for the plaintiff's use ; in which case the clerk shall give a receipt for the sum so paid, and indorse such judgment satisfied ; and a writ of seizin shall immediately issue.
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