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 53
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And be it further enacted, that each and every justice of the peace, within the limits of his authority, be, and is hereby impowered, accord- ing to law, to apprehend, or cause to be apprehended, and commit to pris- on, or bind over to be tried by the coumy or supreme court, all such criminal offenders, the enormity of whose misdemeanors, surpasses his power to try.
And be it further enacted, that all actions and causes of action, of a civil nature, (except on specialties and notes of hand, avouched by one or more witnesses) wherein the matter in demand exceeds the sum of forty shillings, and on all specialties and notes of hand, avouched as aforesaid, exceeding the sum of ten pounds, shall be originally commenced and prosecuted to effect, in a county court, under such regulations and re- strictions as are hereafter provided : and the county courts are to take cognizance of all appeals which, of right, are brought from a justice's court to the county court.
And it is hereby further enacted, that the county courts, within their respective counties, shall take cognizance of all criminal matters of every name and nature (except such cases as are cognizable only in the sup- reme court) and award such sentence as to law and justice appertains. And any person prosecuted for a criminal offence, and aggrieved at the judgment given in any county court, may appeal from the sentence (the cause being originally heard and tried in the said court) to the next stated or adjourned supreme court, to be holden in said county where the cause was tried, there to be finally determined : the appellant, within twenty- four hours after sentence given, recognizing to the treasurer of the county where the offence is charged to have been committed, (if the prosecution be commenced on the complaint of a county or town informing officer : if otherways, to the prosecutor) with sufficient surcties, in a reasonable
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LAWS PASSED, JUNE, 1782.
sum, for his personal appearance at the court appealed to, prosecuting 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 is to remain in the custody of an officer until he shall have giv- en such security : which officer shall not be allowed more than one shilling an hour for the said service.
And be it further enacted, that there shall be and hereby is constituted, a supreme court of judicature within and for this State, to be held and kept annually, at the respective times and places in this act hereafter mentioned, by one chief judge and four other judges, to be chosen by ballot, by the Governor, Council and General Assembly, annually, at their October session, and commissioned for that purpose : any three of whom to be a quorum ; who shall have cognizance of all pleas of the State, criminal actions and causes, and whatsoever relates to the conser- vation of the peace, and punishment of offenders, whether the same be brought into said court by appeal, or any original process, according to law : and also of civil causes or actions between party and party ; and between this State and any of its subjects, whether the same do concern the realty, and relate to any right of freehold and inheritance, or whether the same do concern the personalty and relate to matters of debt, contract, damage or personal injury ; and also all mixt actions which concern both realty and personalty, brought before them by appeal, review, writ of error, or in any legal way whatsoever. And the said court is hereby im- powered to give judgment therein and award execution thereupon, with costs.
And it is also further enacted, that, as well the judges of the county court as the judges of the supreme court of judicature respectively, where the forfeiture or penalty of any obligation, with a condition under written, or penalty annexed to any articles, agreement, covenants, contracts, charter party, or other specialty, or forfeiture of any estate granted upon condition, executed by deed of mortgage, or bargain and sale with de- feazance, shall be found by verdict of jury, or by default or confession of the obligor, mortgager or vender, are hereby impowered and authorised to moderate the rigor of the law ; and on consideration of such cases, ac- cording to equity and good conscience, to chancer such forfeiture, and to enter up judgment for the just debt and damages, and to award execution accordingly : only upon actions npon mortgages or bargain and sale, with defeazance, the judgment shall be conditioned as follows ;- that if the mortgager or vender, his heirs, executors or administrators, shall ten- der such sum as the court shall determine to be justly due thereupon, to the clerk of said court, within three months after the rendering of such judgment, such clerk shall receive it, and deliver a certificate of such re- ceipt to the person making such tender or payment : which certificate, being entered upon the margin of the record of the mortgage, or other in- strument of bargain or sale, in the town clerk's office where such land lies, shall discharge and forever defeat sach instrument. And when the plaintiff shall receive such sum of the clerk, the said plaintiff shall sub- scribe a receipt for it on the records of the court. But if the mortgager or vender shall not make such payment or tender as aforesaid, within the
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LAWS PASSED, JUNE, 1782.
term aforesaid, the plaintiff shall be put in possession of the land sued for, by a writ for that purpose, to be issued by the clerk of the court wherein such judgment was obtained. Saving always, that nothing in this act be understood to debai the plaintiff from going to the clerk's office with the defendant, and receiving the money iminediately of the defendant. And also that where judgment shall be rendered by default, in any suit brought on a note of hand, in any court in this State, such court shall have full power to ascertain the sum due on such note, and give judgment accord- ingly.
[The remainder of the act is occupied in fixing the times and places for holding the sessions of the supreme and county courts.]
AN ACT for the punishment of conspiracies against the peace, liberty, and independence of this State.
Whereas, unanimity, the great strength and security of a free and in- dependent people, is necessary for the existence of a sovereign State : and whereas, insurrection may arise among the inhabitants of this State, fo- mented and stirred up by some designing persons, with a manifest intent to subvert and destroy the liberties and independence of the same :
Which evil to prevent,
Be it enacted, &c. that when and so often as six or more persons shall assemble, with weapons of terror, with a manifest intent to impede, hin- der, or disturb any officer of this State, in the execution of his office ; or shall rescue any prisoner, in the custody of the law ; or any goods, or chattels, legally distrained ; and there shall be among said persons, six, or more, who do not yield allegiance to the authority of this State, or liave, and do deny the jurisdiction of the same ; all and every person so offend- ing, shall suffer banishment, or imprisonment, at the discretion of the su- perior court, before whom said offenders shall be tried : and their goods, chattels, and estates, shall be seized, condemmed, and sold, by order of the superior court, as forfeited to the use of this State.
And be it further enacted, that if any person or persons shall conspire, or attempt, any invasion, insurrection, or public rebellion, against this State ; or shall treacherously, and perfidiously attempt the alteration, or subversion of our frame of government, fundamentally established by the constitution of this State, by endeavouring the betraying of the same into the hands of any of the neighbouring States, or any other power, and be thereof convicted before the superior court, shall suffer banishment, or imprisonment, at the discretion of the said court ; and the goods, chattels and estates of such offenders, shall be seized, condemned, and sold, as forfeited to the nse of this State.
Be it further enacted, that if any person or persons, so banished, shall neglect to depart when ordered, or, when departed shall return to this State, without first obtaining liberty from the General Assembly, and shall be thereof convicted, he or they shall suffer death.
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LAWS PASSED, JUNE, 1782.
AN ACT confirming a right of land unto Reuben Bloomer, in the town- ship of Dorset .*
Whereas, Reuben Bloomer hath petitioned this Assembly for the con- firmation of a deed of the original right of land, granted to Timothy Raggles, Jun., in the town of Dorset, which the said Bloomer had here- ยท tofore purchased of Asa Algur, and took of said Algur a deed of the same, under his hand and seal, dated the twelfth day of July, 1769; and the said Algur, signer and sealer of said deed, is since deceased, and one of the witnesses has since deserted his country and joined the enemy of this and the United States ; so that said deed cannot be acknowledged in any legal way, heretofore prescribed by law. 'Therefore,
Be it enacted, &c. that the aforesaid right of land, heretofore described, be, and it is hereby, confirmed unto the said Reuben Bloomer in as full and ample a manner as if the act and deed of the said Asa Algur had by himself, been acknowledged in due form of law: and that the town clerk of said Dorset, is hereby directed to record the said deed, with a copy of this resolution, in the town records.
AN ACT in addition to an Act directing and regulating the levying and serving Executions.
Whereas, from the present scarcity of a circulating medium, it is at present impracticable to satisfy all judgments in money : therefore,
Be it enacted, &c. that when any officer shall levy or take, on execu !- tion for more than the sum of one pound, neat cattle, sheep, hogs, grain, flour, beef, pork, hides or tallow, such goods and estate (if the debtors do not pay the money to satisfy such execution, within four days after the same shall be taken) shall be appraised to the creditor to satisfy such ex- ecution, at the sign-post, in the town where they are taken, or such other place as the parties shall agree, in the same manner as real estate is to be appraised by the law directing the serving and levying executions. Pro- vided, this act shall not be construed to affect debts contracted after the rising of this Assembly ;- and that this act be in force until the rising of the Assembly in October next, and no longer.
This act is preserved as a specimen of several others of a similar character.
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LAWS PASSED, OCTOBER, 1782.
LAWS PASSED AT MANCHESTER, OCTOBER SESSION, 1782.
AN ACT relating to Auditors and Actions of Account.
For the better regulating actions of account,
Be it enacted, &c. that when any defendant, in any action of account depending in any county or supreme court in this State, shall plead in his defence any plea (which being true he ought not to acconnt ) it shall be tried by a jury : and in case verdict be found against him, the court shall enter up judgment against him that he shall account : and in such case, and also where such judgment shall be given on confession, the court may appoint three able, judicious, and indifferent men, auditors in such case; who shall be sworn to hear, examine, and adjust the account or ac- counts. And the auditors, appointed as aforesaid, are hereby authorised and impowered to appoint a time and place for the hearing and adjusting the accounts aforesaid : and upon the defendant's refusal (due notice be- ing given him of the time and place appointed) to attend upon them, and produce his accounts, the auditors shall award to the plaintiff the whole of his demands. And upon the parties producing to them their accounts, the auditors shall have power to administer an oath unto them to answer such interrogatories as they shall think proper, respecting their accounts. And upon either of the parties refusal to take such oath, or to answer di- rectly to such interrogatories, it shall be in the power of the auditors to commit the party, so refusing, to goal, there to remain, at his own charge, till he will account, or answer, as aforesaid. And when the auditors have adjusted the account, or awarded, as aforesaid, and returned the same to court, (either at the same sessions, or the next) that final judg- ment shall be made up for the recovery of the sum awarded, and costs ; together with such reasonable costs, for the service of the auditors, as the court shall award ; which shall be, by the party in whose favor the cause is determined, then paid down to the auditors, and shall be allowed him in his bill of costs.
'That in all actions brought on book accounts, and depending before any county or supreme court, the like method may be taken in appoint- ing auditors for the adjustment of accounts between the parties ; and the court shall enter up judgment for the recovery of such sum or sums as shall be found to be in arrear by either party, with additional costs as aforesaid ; and no person shall be allowed his oath, touching the merits of the cause in question, until judgment to account shall be given in such action, either after verdict or on confession. And in all actions on book accounts, the original books shall be produced in court, as well as before auditors appointed as aforesaid : 2nd no account shall be allowed upon the party's outh, unless such original book be procured as aforesaid, ex- cept it shall appear that the same was providentially lost or destroyed :
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LAWS PASSED OCTOBER, 1782.
and no article of account, on the plaintiff's book, shall be allowed, other than such as shall be contained in a schedule annexed to the original writ, at the time of service, and therewith returned.
Provided always, that the plaintiff or defendant not residing in this, 'State, a sworn copy of the original book of such non-resident shall be allowed.
Be it further enacted, that councillors and justices of the peace, shall have the same power in actions of account, on book, as is in this act given to the county and supreme courts, except that they shall have no power to appoint auditors ; but shall, after judgment that the defendant account, proceed in person to audit such accounts.
AN ACT for allowing and regulating Offsets.
For preventing unnecessary law suits,
Be it enacted, &c. that if the plaintiff, in any action depending be- fore any court, or justice of the peace, on bond, bill, note, or other con- tract, shall be indebted to the defendant in like manner, the defendant after pleading the general issue, or confessing the plaintiff's cause of ac- tion, may, by leave of the court, plead an offset of any sum or sums due to him from the plaintiff' as aforesaid : which plea shall be in the nature of a declaration, in one or more counts, as the nature of the case may require; and shall conclude, praying an offset of the same against the plaintiff's demand : to which plea the plaintiff may, by leave of the court, plead as many pleas as shall be necessary for answering the allegations therein contained. And if he shall plead the general issue to any or all the counts, or shall confess the cause of action contained in any or all the counts, in the defendant's plea, he may, by leave of the court, in like manner, plead an offset of any sum or sums of money due to him from the defendant as aforesaid .. And the issues and pleadings being closed, the jury shall be directed to find generally, such sum or sums as shall be in arrear to either party, and judgment shall be rendered accordingly.
Provided always, that no sum due on account not liquidated, nor any bond, bill, note, or other contract, not due and payable before the com- mencement of the plaintiff's action, nor any note sold and indorsed, or assigned, to the plaintiff or defendant (unless it shall appear on trial, by one evidence at least, that the same was sold and indorsed or assigned to such plaintiff or defendant, before the commencement of the plaintiff's action ; which, in such cases, shall be taken to be the day of serving the original writ in the cause) shall be allowed in any plea of offset; any thing before in this act to the contrary hereof, in any wise, notwith- standing.
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LAWS PASSED, OCTOBER, 1782.
AN ACT, in addition to an Act, entitled, " An Act for authentication Deeds and Conveyances of Land.
1
Whereas, it frequently so happens, that the grantee or vendee of land inay .die, or be removed over sea, or otherwise be incapacitated by law, before the grantot or vendor shall have acknowledged his deed or con- vevance of land to such grantee or vendee, as is by law required :
Therefore,
Be it enacted, &c that, upon application made by the owner or pos- sessor of any deed or conveyance of land, to the grantor or vendor there- of, to acknowledge the same according to law ; and if the said grantor or vendor shall neglect or refuse to do the same, and information of such neglect or refusal being made by the owner or possessor of such deed, to any one assistant, or justice of the peace, in the county where such grant- or or vendor doth or may reside ; the said assistant or justice of the peace, shall issue his warrant to the sheriff' of such county, his deputy, or the constable of the town where such grantor or vendor resides ; command- ing him to take the body of such grantor or vendor, and him cause to ap- pear before some lawful authority, and him commit to the keeper of the common goal of the said county, in case he shall still refuse to acknowl- edge such deed ; there to remain until he shall pay all costs of such pro- cess, and acknowledge such deed or conveyance as aforesaid.
AN ACT in addition to an Act regulating Goals and Goalers. -
Be it enacted, &c. that when any person or persons are committed to prison, in any civil matters or action, the keeper of the goal shall not stand charged with his, her, or their supply of victuals, or other necessa- ries : and in case the prisoner or prisoners hath no estate, and will and do take, before an assistant or justice of the peace, the following oath, the creditor, or his attorney, being present, or legally notified, (if within this State) to attend at the time and place for the taking such oath, -- You - solemnly swear by the ever living God, that you have not any estate, real or personal, of the value of five pounds in the whole, nor sufficient to pay the debt or damages for which you are imprisoned ; and you have not directly or indirectly disposed of all, or any part of your estate, with an intent to defraud or deceive any of your credi- tors ;- the creditor shall provide for such prisoner's relief; otherwise the keeper of the goal shall not stand charged with such prisoners, but shall release such prisoner or prisoners from their imprisonment ; unless the creditor shall then pay, and continue to pay, the goaler's fees for keeping and dieting such prisoner or prisoners; and all such charges as the creditor shall be at, he shall have power to levy with the execution before the prisoner be discharged from prison.
And be it further enacted, that the county courts, in their respective counties, shall have power, and they are hereby empowered, to set out liberties or yards to the respective goals : and any person committed for
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LAWS PASSED, OCTOBER, 1782.
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debt or damages, and no other cause, on procuring sufficient bonds to in- demnify the sheriff, shall be admitted to the liberties of the goal-yard. And the chief judge of the county courts, in their respective counties, shall, until the next session of said courts respectively, have the power to set out liberties or yards, to their respective goals.
AN ACT to restrain the taking of excessive Usury.
Be it enacted, &c. that no person or persons whatsoever, upon any contract hereafter to be made, shall take, directly or indirectly, for loan of any monies, wares, merchandizes, or other commodities whatsoever, more than the value of six pounds for the forbearance of one hundred pounds, for a year ; and so after that rate, for a greater or lesser sum, or for a longer or shorter time ; and that all bonds, contracts, mortgages and assurances whatsoever, hereafter to be made, for the payment of any principal, or money lent, or covenanted to be lent, upon or for nsury, whereupon, or whereby, there shall be reserved, or taken, more than the rate of six pounds on the hundred as aforesaid, shall be utterly void.
And any person whatever, who shall, upon any contract, take, accept, or receive, by ways or means of any corrupt bargain, loan, exchange, or by covin, or deceitful conveyance, or by any other ways or means what- ever, for the forbearing, or giving day of payment, for one whole year, of and for their monies, or other thing or things, above the sum of six pounds for the forbearing of one hundred pounds, for a year ; and so after that rate for a greater or lesser sum, or for a longer or shorter time, shall for- feit and pay, for every such offence the full value of the goods and monies, or other thing so lent, exchanged, bargained, sold, or agreed for ; one moiety thereof to the public treasury of this State ; the other moiety to the informer that shall sue for, and prosecute the same to effect.
Provided nevertheless, that nothing in this act shall extend to the let- ting of cattle, or other usages of the like nature in practice among farmers, or maritime contracts, bottomry, or course of exchange, as hath been heretofore and still is accustomed.
And when the defendant in any action at law, on such bond, bill, mortgage, note, or other instrument, shall suppose no sufficient evidence in law can be produced of the usury therein contained, it shall be lawful for the defendant, in such action, to inform the court before which such action is brought, by filing his bill in equity with the clerk of such court, on the second day of the court's sitting, that such bond, bill, mortgage, note, or other instrument is nsurious and oppressive : and the court shall proceed to examine the parties on oath, or in any other way proper for a court of equity. And if the plaintiff shall refuse to be examined on oath, he shall be non-suit, and the defendant shall recover his costs.
And if, on trial, the court shall find such bond, bill, note, mortgage, or other instrument, usurious and oppressive, they shall adjust the same in equity, and shall give judgment that the plaintiff shall recover no more than the just value of the goods, &c. sold, or than the principal sum
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LAWS PASSED, OCTOBER, 1782.
which the defendant received of the plaintiff, without any interest or ad- vance thereupon. Provided, that nothing in this act shall be construed to prevent any person from proceeding, on full evidence, against excessive usury and usurious contracts, either in defending or recovering thercon, as is before in this act provided.
AN ACT for granting a new trial in a cause therein described.
Whereas, at the county court held in the county of Rutland, in June, 1781, judgment was rendered against Benjamin Whipple, Esq. in a cause wherein Daniel Square was plaintiff, for thirty-five pounds, lawful money, with costs. And whereas, there has been sufficient reasons adduced to the Legislature for the suspending execution in said cause, and granting a new trial therein. Therefore,
Be it enacted, &c. that the judgment be reversed, and a new trial be, and is hereby granted in the said cause ; and that execution be, and is hereby suspended in the said cause ; and the county court, in the said county, are hereby directed to take cognizance of said cause, at their next session, in case said Daniel bring forward his suit ; and if judgment shall be rendered for the defendant, or if said Daniel shall not further prose- cute his snit, the said court shall award to the defendant not only his tax in the former suit, but all necessary costs which have accrued in annul- ling the judgment abovesaid. Provided, that a copy of this act be read to, or served on, the said Daniel Square, at least twelve days before said court.
AN ACT to impower Ebenezer Taft, administrator to the estate of Timothy Tyler, deceased, to sell part of the real estate of said Tyler .*
Whereas, it is represented to this Assembly that the personal estate of Timothy Tyler, late of Townshend, deceased, is insufficient, by the sum of one hundred and seventy-one pounds and fifteen shillings, to pay the debts dne from said estate ;
Beit enacted, &c. that Ebenezer 'Taft, administrator of the estate of the said Timothy, be, and he is hereby, impowered to sell so much of the real estate of said 'Tyler, as will pay the sum of one hundred and seventy-one pounds and fifteen shillings, lawful money, and the charge of selling the same, -- under the direction of the court of probate for the district of Westminster, for the purpose of paying the debts due from said estate.
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