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 52
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AN ACT for repealing the several Laws now in force, prohibiting the trial of the Title of Lands.
Whereas, it is necessary, for the well being of society, and the regular administration of civil government, that the course of justice should be uninterrupted, and open to all parties : Therefore,
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LAWS PASSED, OCTOBER, 1781.
Be it enacted, &c. that all and every act, and part of acts, now-in force, prohibiting the trial of the title of lands, before the superior and county courts, are hereby repealed and nullified.
AN ACT further to continue the Laws passed by the Legislature of this State.
Be it enacted, &c. that each and every law and statute of this State (except those statutes, and parts of statutes, that have been repealed by special act of Assembly) shall be and remain in full force and virtue, un- til the rising of the General Assembly in October next.
LAWS PASSED AT BENNINGTON, FEBRUARY SESSION, 1782.
AN ACT pointing out the office and duty of the Secretary of State.
Be it enacted, &c. that all public acts, papers, and records, that belong to the State, excepting the particular records and papers of the Council, be deposited and remain in the hands of the Secretary of State : and that it be the duty of the Secretary to keep a regular office, to attest. and register, all the proceedings of the General Assembly of this State, char- ters of incorporations, and all and every grant of lands made within this State; and to receive on file, and grant copies of all records when there- to requested, taking therefor reasonable fees : and to do and perform eve- ry other act proper for a Secretary of State.
Be it further enacted, that the Secretary of State give his constant attendance, by himself or deputy, at every session of the General Assem- bly ; and on default thereof, to forfeit the sum of one hundred pounds, lawful money, to the Treasurer of this State, to be recovered by the Treas- urer by order of the General Assembly, by bill, plaint, or information, before any court proper to try the same.
AN ACT granting a new trial in the case of John Alger against Enoch and Eliphalet Bean, and annulling the judgment rendered in the said cause.
Be it enacted, &c. that the judgment rendered by Jonathan Child and Bildad Andross, Esquires, of the county of Orange, in the month of August last, in an action of forcible entry and detamner, prosecuted by
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LAWS PASSED, FEBRUARY, 1782.
John Alger against Enoch and Eliphalet Bean, be, and -is hereby, an- nulled and made void : and that the sheriff of the said county is hereby directed, as soon as may be, to put the said Enoch and Eliphalet into possession of the premises of which they were ousted by the said judg- ment : and that if the said John Alger shall bring forward a new trial of the said canse, before the said justices, (which he is impowered to do, if he shall think proper,) and judgment shall be rendered for the defendants, or if the said John shall not further prosecute his said complaint, within twenty days after a copy of this act shall be read to him, the said justices shall award to the defendants, not only their taxable costs in the former suit, and new trial, but all necessary and reasonable costs which have ac- crued in annulling the judgment abovesaid.
AN ACT directing the Heirship of the estate of Colonel William Symes, late of Hertford, deceased, intestate.
Be it enacted, &c. that the estate of Colonel William Symes, late of Hertford, deceased, descend to Martha Symes, late wife of the said Will- iam, deceased ; and that she be hereby entitled to enter on, possess, enjoy and dispose of the same, in as full and ample manner, as she would have done, had she been right heir at common law.
AN ACT to stay the execution on a Judgment given by the Superior Court, against Witherby Wittum. Malachi Wittum, and Witherby Wittum, Jun., in favor of David Caswell and 'Thomas White.
Whereas, it appears probable to this Assembly, that a tract of land, lying in Pownal, which had been in the possession and improvement of said Wittums for several years past, was, by the mistake of the court of confiscation, sold as the property of some person who had fled to the en- emy. And whereas it appears that the said Wittums, after being turned out of possession by the said court of confiscation, have brought an ac- tion for forcible entry and detainer, against the said Caswell and White, before two justices of the peace, to recover their former possession ; and have recovered judgment against the said Caswell and White, for that purpose, and by virtue thereof, been put again into possession ; which judgment of the justices, was afterwards reversed in the superior court, for error in the proceedings, a writ of possession awarded to put said Caswell and White into possession of the premises, and an execution issned for the recovery of a large bill of costs :
Be it therefore enacted, that the executing the said writ of pos- session and execution, awarded by the superior court as aforesaid, shall be suspended and stayed until after the rising of this Assembly, at their next sitting ; and that Major Gidcon Olin, General Samuel Safford, and Thomas Jewett, Esq. be, and are hereby, appointed a committee to en- quire into, and report to this House, at their next session, the true state of
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LAWS PASSED, FEBRUARY, 1782.
the matters in dispute between the said parties, in order that justice may be done in the premises : and that it shall be the duty of the said com- mittee to give twelve days notice to the parties, of the time and- place they will sit for that purpose ; and then to hear all the evidence which shall be offered them by either party .;
AN ACT to compel the more punctual attendance of the Members of the General Assembly.
Be it enacted, &c. that whenever any member of the General Assem- bly (whose credentials shall be produced to, aud approved by, them) hall neglect to attend at the time and place fixed for the opening of any ted, adjourned, or special session of the Legislature, and shall not, be- och session, give a sufficient excuse, to the satisfaction of every day, after the first day of the session, from
which he shan we as a cent, without a satisfactory excuse, forfeit the sum of one pound and ten shillings; to be sued for, and recovered, in any court proper to try the same, by the Secretary of State for the time being, in his own name, by virtue of an order of the General Assembly, to be made at the close of every session thereof :- in which suit the roll kept by the clerk of the Assembly, shall be conclusive evidence of such per- son's being a member, and of his absence from the House : and that the said Secretary shall be accountable for, and shall pay into the treasury of this State, the monies so by him recovered.
And be it further enacted, that as often as the said Secretary shall neglect to commence such prosecutions as aforesaid, for the space of six weeks after such order made by the Assembly for that purpose, he shall, for every such neglect, forfeit to the treasury of this State, the sum of fifty pounds, to be sued for and recovered, by the Treasurer of the State for the time being, by virtue of an order from the General Assembly .*
AN ACT for taking off' the tendry of the paper currency of this State, the first day of June next.
Be it enacted, &c. that from and after the first day of June next, the bills of credit of this State shall not be a legal tendry in any payment or contract, except in the treasury of this State : any law, usage, or custom, to the contrary notwithstanding.
AN ACT for the purpose of raising three hundred able-bodied, effec- tive men, for the ensuing campaign.
Be it enacted, &c. that there be three hundred effective, able-bodied men (including officers) raised in the several towns within this State, (ex-
* This Act was repealed February 26, 1783.
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LAWS PASSED, FEBRUARY, 1782.
cepting the towns on Connecticut river, north of Barnet,) to be com- manded by one major, five captains, ten heutenants, twenty serjeants, and twenty corporals, and to be allowed ten drummers and fifers,-in the following manner, viz : that the Board of War be, and they are here- by, directed to divide to each town respectively, their quota of said men, according to the common list of said towns, made for the year 1781. And the Board of War are hereby further directed and required, forth- with, to transmit to the select-men of the respective towns aforesaid, their several quotas so divided ; who are hereby impowered and required im mediately to call together the inhabitants of such towns, whose duty it shall be, when met, to raise, by inlistment, or otherwise, their said quo- ta of men, according to their lists aforesaid ; and to have them ready for service by the fifteenth day of April next, and to continue in service un- til the fifteenth day of December next, unless sooner discharged.
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And be it further enacted, that if the select-men of such towns, on the receipt of such orders from the Board of War, shall refuse or neglect to call together their respective town or towns, for the purpose aforesaid, such select-men shall forfeit and pay to the treasury of this State, the sum of five thousand pounds lawful money, to be levied on the goods or chat- tels of such select-men, by warrant of distress from his Excellency the Governor of this State, directed to the sheriff of the county to which such select-men belong : (who shall be directed by said warrant, to sell so much of said estate as shall be necessary to pay said sum, and defray the charges arising therefrom :) and in case any town or towns, being so warned by said select-men, shall neglect or refuse to raise their quota as aforesaid; such select-men are hereby impowered and directed to hire such quotas, or any part thereof, as shall be wanting in said town ; and to issue their warrant to the sheriff of the county whereto such town belongs, his deputy, or to the constable of such town, to be levied on so much of the goods and chattels, or estate, of said inhabitants (and to be sold at public vendue by said officer,) as shall be necessary to pay such hired men, and satisfy all necessary charges arising therefrom. Always provided, that no person shall be liable to pay said cost, who voted to raise said men. And if such select-men shall refuse or neglect to issue their warrants against said inhabitants of said towns, or particu- lar classes, as refuse or neglect, in manner aforesaid, or otherwise, such select-men shall forfeit and pay to the treasury of this State, the sum of five hundred pounds lawful money, to be levied on the goods, chattels or estate of the said select-men, by the Governor's warrant as aforesaid. And if any town shall adopt the mode of classing their inhabitants, and any such class, or any part of such class, shall neglect or refuse to raise their quota, or any part thereof, they shall be proceeded against by the select- men as aforesaid : and fasthermore, such towns or classes, so neglecting, shall forfeit and pay a fine of one hundred pounds, lawful money, for each inan so wanting, to the treasurer of this State, to be recovered by an order from the Legislature of this State.
And be it further enacted, that Captain Joseph Safford be appointed muster-master for the men to be raised in Colonel Walbridge's regiment ; that Gideon Ormsbee, Esq. be appointed muster-master for the men to be
448
LAWS PASSED, FEBRUARY, 1782.
raised in Colonel Allen's regiment ; that Benjamin Whipple, Esq. be ap- pointed muster-master for the men to be raised in Colonel Lee's regi- ment ; that Samuel Minott, Esq. be appointed muster-master for the men to be raised in Colonel Bradley's regiment ; that Samuel Warrener, Esq. be appointed muster-master for the men to be raised in Colonel Sargeant's regiment ; that John Benjamin, Esq. be appointed muster- master for the men to be raised in Colonel Wait's regiment ; that Abner Seely, Esq. be appointed muster-master for the men to be raised in the regiment now commanded by Major Hazen; and that John Barron, Esq. be appointed muster-master for the men to be raised in Colonel Johnson's regiment. And in case it shall so happen, that any soldier rais- ed by any town or class within this State, shall not pass muster, it shall be the duty of such muster-master immediately to give notice to the select- men of such town, requiring said town to procure another man or men to supply such deficiency ; and in case of refusal of any town or class 10 supply such deficiency, the select-men of such town shall proceed to hire, and issue their warrants as before mentioned.
And be it further enacted, that the several towns who are called up- on, by virtue of the aforegoing act, to raise their quotas of men, are hereby directed and required to pay the non commissioned officers and soldiers, they respectively raise, their wages for the term of service, ac- cording to the amount of their common lists : which wages are to be,- for each serjeant, per month, two pounds eight shillings ; each corporal, drum, and fife, two pounds four shillings, and cach private two pounds : and that the field and staff officers, and commissioned officers, be paid out of the treasury of the State.
And be it further enacted, that the several towns in Col. Walbridge's regiment, be directed to parade their respective quotas of men, at the house of Captain Elijah Dewey, in Bennington, on the third Tuesday of April next, where the muster-master is required to attend and muster them ; giving his certificate to the select-men of the respective towns, for the number of men so mustered and received : and that the muster- masters of the respective regiments be directed to attend on said day, in the following places, viz : the muster-master for Colonel Allen's regi- ment, at John Manly's, in Dorset; for Colonel Lee's regiment, at Cap- tain John Smith's, in Rutland; for Colonel Bradley's regiment, at Elka- nah Day's, in Westminster; for Colonel Sargeant's regiment, at Josiah Arms's, in Brattleborough ; for Col. Wait's regiment, at Mr. Parmele's, in Windsor ; for Major Hazen's regiment, at Major Burton's, in Norwich ; and for Colonel Johnston's regiment, at Colonel Johnston's, in Newbury ; and give certificates as aforesaid. And if any deficiency shall then hap- pen in any town, such town shall be at the expense of going to the mus- ter-master, where he shall appoint.
449
LAWS PASSED, FEBRUARY, 1782.
AN ACT impowering Colonel Samuel Robinson to give a deed of the lands hereafter described, to the heirs of William Emms, deceased, and vacating a certain deed of the premises, obtained in a fraudulent manner, by Jolin Blakledge Emms, from said Samuel Robinson.
" Be it enacted, &c. that Colonel Samuel Robinson be, and is hereby, 'impowered to execute a deed, under his hand and seal, unto the heirs of William Emms, and their heirs and assigns forever, of all that one hund- red acres of land, situate, lying and being in Manchester ; (except one acre, sold by the deceased in his life time) being the first hundred acres of a certain tract of land, granted to John Wentworth, Esq., lying south, partly on Arthur Bostwick, and partly on Nathaniel Collins ; east, on a lot belonging to Jeremialı French or his heirs ; north, on Robert Loggan, and west, on Stephen Smith : which said one hundred acre lot is known by the name of lot number forty-six.
And be it further enacted, that the deed lately obtained from Colonel Samuel Robinson, in a fraudulent and clandestine manner, by John Blak- ledge Emms, of the above described hundred acres of land, shall be, and hereby is declared to be, void, null, and of no effect.
LAWS PASSED AT WINDSOR, JUNE SESSION, 1782.
AN ACT establishing the Constitution of Vermont, and securing the Privileges of the People.
To prevent disputes respecting the legal force of the constitution of this State,* and to determine who are entitled to the general privileges of the constitution and laws ;
Be it enacted, &c. that the constitution of this State, as established by convention, held at Windsor, July and December, one thousand seven hundred and seventy-seven, subject to such alterations and additions as shall be made, agreeable to the forty-fourth section in the plan of govern- ment, shall be forever considered, held and maintained, as part of the laws of this State.
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And be it further enacted, that all the people of the American States, within this State, whether they be inhabitants or not, shall enjoy the same justice and law as is general for this State, in all causes proper for the cognizance of the civil authority and courts of judicature in the same; and that without partiality or delay : and that no man's person shall be restrained or imprisoned, unless by authority of law.
* Sce note, page 288.
I 6
450
LAWS PASSED, JUNE, 1782.
AN ACT adopting the Common and Statute Law of England.
Whereas, it is impossible, at once, to provide particular statutes adapt- ed to all cases wherein law may be necessary for the happy government of this people.
And whereas, the inhabitants of this State have been habituated to conform their manners to the English laws, and hold their real estates by English tenures. "
Be it enacted, &c. that so much of the common law of England, as is not repugnant to the constitution or to any act of the legislature of this State, be, and is hereby adopted, and shall be, and continue to be, law within this State.
And whereas, the statute law of England is so connected and inter- woven with the common law, that our jurisprudence would be incom- pleat without it ; therefore,
Be it further enacted, that such statute laws and parts of laws of the kingdom of England, as were passed before the first day of October, Anno Domini one thousand seven hundred and sixty, for the alteration and explanation of the common law, and which are not repugnant to the constitution, or some act of the legislature, and are applicable to the cir- cumstances of the State, are hereby adopted and made, and shall be and continue to be, law within this State : and all courts are to take notice thereof, and govern themselves accordingly.
AN ACT defining and limiting the Powers of the several Courts within this State.
Whereas, it is essential to the wise and happy administration of gov- ernment, and regular execution of law, that the different powers of the several courts of justice within this State, be exactly limited and defin- ed : therefore,
Be it enacted, &c. that every justice of the peace, within his respect- ive jurisdiction, be, and is hereby, fully authorised and impowered to hear. try and determine, all pleas and actions of a criminal nature, where the fines and forfeitures are within the sum of forty shillings, and the cor- poral punishment does not exceed ten stripes.
Provided always, that any person prosecuted for a criminal offence, or breach of any penal law (except for breach of sabbath, profane swear- ing, drunkenness, and simple breaches of peace, where the judgment shall be given on general issue) and aggrieved at the judgment given by any justice of the peace, may appeal from the same, to the next county court to be held for said county, where the judginent was rendered, there to be finally determined : the appellant, within two hours after sentence given, recognizing with sufficient sureties, in a reasonable sum, to the treasurer of the town where the offence is charged to have been committed (if the prosecution be commenced by an informing officer : if otherwise, to the prosecutor) for his personal appearance at the court appealed to, prose-
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LAWS PASSED, JUNE, 1781.
cuting his appeal there to effect, abiding the order or sentence of the said court thereon, and to be of good behaviour in the mean time And the party appealing, shall remain in the custody of an officer until he shall have given such security : which officer shall not be allowed more than one shilling an hour for the said service. And no execution shall be granted on any such judgment, from which an appeal is allowed.
And be it further enacted, that every justice of the peace within his proper sphere of jurisdiction, as aforesaid, be, and is hereby fully author- ised and impowered to hear, try and determine all pleas and actions of a civil nature, in which title of land is not concerned, where the debt or other matter in demand does not exceed the sum of six pounds ; and [shall allow an appeal, under such directions as are herein before provid- ed, where such debt or demand shall exceed the sum of forty shillings ; and also to determine as aforesaid]* on all specialties and notes of hand, not exceeding the sum of ten pounds, avouched by one or more witnesses ; and to give judgment, and award execution thereon accordingly. Pro- vided that either plaintiff' or defendant shall have a right to demand a jury of six men to try such causes, after an issue is joined in the cause, proper for a jury to try.
And be it further enacted, that when, in any action to be brought be- fore any justice of the peace in this State, the defendant shall justify, and plead title to land where a trespass is said to have been committed, and satisfy such justice that he has a colour of title to the same, the said de- fendant shall become bound, with one or more sureties, by way of re-
* We find a piece of paper attached to the page on which this part of the act is recorded, on which is written the following resolution, viz :
" Resolved, that the Secretary of State be, and he is hereby directed to erase tlie words " forty shillings" out of the second clause of an act passed the last session. entitled, "An act defining and limiting the powers of the several courts within this State," and in- sert the words-six pounds, in lieu thereof : and that he insert a proviso in the said clause, that an appeal be allowed in all matters in demand, exceeding forty shillings, except on specialties and notes of hand, not exceeding ten pounds, which are avonehed by one or more witnesses "
Ou the paper containing the foregoing resolution, is found the following indorsement. "STATE OF VERMONT -In General Assembly, October 23, 1782. The within was read and passed into a resolution of the House. Attest, ROSWELL HOPKINS, Clerk."
On turning to the journal of October 23, 1782, we find it . Resolved that a committee of three be appointed to prepare a bill altering a certain part of a clause in an act defining and limiting the powers of the several courts within this State-that part of the clause, viz -. where the debt ur matter in demand does not exceed the sum of forty shillings ;' -- that they alter the . um to . six pounds,' and make report. The members chosen-Mr. Abel Curtis, Mr Wright and Mr. Whipple."
Ou examining the record of the law, it appears that the words, " sir pounds," are written on an erasure, and the words which we have inclosed in brackets, are interlined ; by which, it is presumed, the Secretary intended to comply with the resolution.
This is certainly a rare curiosity in legislation, whether we consider the alteration and amendment as designed to have effect from the date of the law, or ouly from the date of the resolution. If the latter. it would seem that the Legislature had not yet discovered that a law could be altered or amended without an alteration or amendment of the original record :- if the former, it was a manifest innovation npon the established prin- ciples of legislation. In either view, it lays a ju-t claim to originality, in the contrivance made use of to effect the object.
It is not the least singular feature in this proceeding, that it was an attempt to alter and amend a law, by resolution ; and that too, for aught that appears, without even an attempt to obtain the concurrence of the Governor aad Council.
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LAWS PASSED, JUNE, 1782.
cognizance, unto the adverse party, in such reasonable sum as the justice shall direct, on condition that he shall appear at the next stated or ad- journed county court, to be held for the county in which such trespass is alledged to be done, and deliver the pleadings in the said cause to the clerk of said court, and cause the action to be entered in the said county court for trial, on the first day of the session thereof, and pay and satisfy such damages and costs as shall be awarded against him upon the final judgment given in the said cause. And the said justice shall thereupon deliver the writ and pleadings to the defendant, and the record of the re- cegnizance to the plaintiff. And if such recognizor shall neglect to de- liver the pleadings to the clerk, as aforesaid, and cause the action to be entered in due time for trial, according to the tenor of his recognizance, the default shall be entered in the said court, and a writ of scire facias shall be issued by the said clerk, for the recovery of the sum mentioned in said recognizance. And if the said action shall be entered on the clerk's docquet in due time, the said county court shall proceed to try the same, and give judgment in like manner as if the action was originally commenced in that court : but if the defendant in trespass, justifying on plea of title, shall refuse or neglect to become bound in manner as afore- said, then liis plea shall abate, and the justice, notwithstanding the same, shall proceed as if title to land was not concerned,
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