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 54
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AN ACT granting a new trial in the case therein mentioned.
Whercas, Abner Chaffee, of Belchertown, in the State of Massachu-
* This act is selected from a number of a similar character, for the purpose of shewing 're powers exercised hr the Legislature on this subject.
461
LAWS PASSED, OCTOBER, 1782.
setts, has petitioned this Assembly for a new trial in a cause determined, between the said Abner Chaffee, plaintiff, and David Bredia, defendant, before the county court, holden at Bennington, on the third Tuesday of September last, on a note of hand, wherein judgment was rendered for the sum of twenty-one pounds and three shillings debt, and the sum of five pounds two shillings and nine pence, costs of suit ; in favor of said Bredia. And whereas, it has been made to appear to this Assembly that a new triat ought to be granted :- Therefore,
Be it enacted, &c. that a new trial be, and hereby is, granted in the aforesaid cause, at the adjourned county court, to be holden at Benning- ton, in and for the county of Bennington, on the third Tuesday of De- cember next : and that the judgment aforesaid is hereby reversed, and rendered null and void Provided, the said Chaffee enter the said cause on the first day of the court's sitting. And if it shall appear that the judgment aforesaid has been satisfied, the said court are hereby impower- ed to consider and allow the same, in the final determination of the cause, and are to tax cost, as on review.
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 im- practicable to satisfy all debts in money : Therefore,
Be it enacted, &c. that when any officer shall levy or take on execu- tion, any personal estate of a debtor, of what nature or denomination so- ever, for more than the sum of one pound, and such debtor shall not sat- isfy such execution within four days after the same shall be taken ; such estate, goods or chattels, shall be appraised to the creditor to satisfy such execution, 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. And the officer shall have right, and is hereby impowered, to administer the oath by law directed to be taken by such appraisers. Provided, this act shall not be construed to affect executions issued for fines and penalties ; but in such cases due-bills on the treasury where such fines are to be paid in, shall be accepted.
And be it further enacted, that neat cattle, wheat, rye, and indian corn, be a lawful tendry to an officer on an execution ; and it is hereby declared to be the duty of the officer to levy on any such estate, that may be tendered by the debtor : and immediately on appraisal, such article or articles appraised, shall belong to, and be at the risque of the creditor.
And in all cases where a third person may be necessary to appraise any estate, the said third person shall be a freeholder and inhabitant of the town where such estate is to be appraised : and no more fees shall be made up for any appraiser, than would of right, belong to him, in case he jived in the town where such estate is appraised. And that this act be in force until the rising of the Assembly in October next.
462
LAWS PASSED, OCTOBER, 1782.
AN ACT for discharging the collector of the town of Manchester for four pounds, lawful money, on the tax of said Manchester, on account of two counterfeit forty shilling bills, he took for said tax.
Whereas, it is found by the Legislature that Robert Loggan, collector of taxes for the town of Manchester, did take two forty shilling bills, ·which were counterfeit, for State taxes (and condemned by the treasurer,) which he could not swear back on any person : therefore the said collec- tor destroyed the same :
Be it enacted, &c. that the treasurer be, and is hereby directed to dis- charge him four pounds, on the tax of said town.
AN ACT for the regulation of Fees.
Whereas, the fees heretofore granted to the officers of government, have been found, in some instances, inadequate to the services they were intended to compensate ;
Be it enacted, &c. that the fees to be taken by the several officers of this State, herein after mentioned, be as follows, viz.
Fees for the Lieutenant Governor.
For attending the Council, per day, -
-
&& s. d. 0 8 0
Travel, per mile, out, -
-
0 0 4
Councillors' Fees.
For attending Council, per day, - -
-
0 7 0
'Travel, per mile, out, - -
- -
0 0 4
Representatives' Fees.
For attending the General Assembly, per day, 0. 6 0
Travel, per mile, out, - 0 0 4
Supreme Court's Fees.
.
Chief judge, while sitting, per day, 0 18 0)
Assistant judge, while sitting, per day, -
() 15 0
Travel per mile out, 00 4 - To the jury for each action tried, 140 -
And there shall be paid into the clerk's hands for the
benefit of the judges attending, for cach action tried, 0 18 0 And for each default or confession, - 0 10 0
Clerk of Supreme Court's Fees.
For each days attendance on the court, while sitting, 0 6 0 Each mile's travel out, 0 0 - 4
Entering each action for trial,
0 2 0
0 0 Entering each judgment. -
463/
LAWS PASSED, OCTOBER, 1782.
-
-
Filing each recognizance, testimony, and other ne- cessary papers, each, 0 0 4
Taking each recognizance in court, -
-
0 1 0
Every rule of Court,
0 0 6
.Every execution, 0 1 6
Copies of each paper, so much as shall be taxed by the court, according to the length.
For other services, not herein particularly mentioned, such sum as shall be allowed by the court.
County Court's Fees.
Chief judge, while sitting, per day,
0 10 0
Assistant judges each, per day, 0 7 0
Travel per mile, out, - 00 4 -
To the jury, for each action tried, 0 18 0
And there shall be paid to the clerk, for the benefit of the county treasury, for each action tried, - 0 10 0
For each default or confession, 0 4 0,
And for licence to each tavern-keeper, (whereof to the clerk two shillings,) 0 60
Clerk of County Court's Fecs.
Entering each action, 0. 1 0
Entering each judgment by default or confession, 0 1 6 Recording each judgment on demurrer and after verdict,
0 3 0
Filing each recognizance, testimony, and other ne- cessary papers, each, 0 0 4
Taking each recognizance in court, -
-
0 1 0
Entering the common rule in ejectment, -
0
1 6
0 0 6 Every execution, -
0
1 6
Copies of each paper, such sum as shall be allowed by the court, according to the length.
For attachments, summones, and other services prop- er to him, as in the justices' fees.
For other services, not herein particularly enumera- ted, such sum as shall be allowed by the court.
Councillor's and Justice's Fees.
Signing attachments or summons for action, 0 1
When bond is given,
-
0
1 3
Subpoena, for each witness, -
0
0 4
For judgment, in each action tried,
-
0 3 0
If on the verdict of a jury, 0 6 - - Every execution, 1 -
0 6
Each continuance,
-
-
-
0 1 0
Every complaint, - -
0
0 9
Every warrant for criminals. .
-
-
-
0 1 3
-
0
Every other rule or order of court, -
161
LAWS PASSED, OCTOBER, 1789. -
Every appeal and recognizance, -
-
2 0 0
Copy of each evidence, -
-
-
0 0) 6
Copy of judgment, -
-
-
0
0 8
Recognizance, -
-
-
-
0 1 0
. Each venire for a jury, -
0
1
0
Judgment on confession or default, -
0
1 0
Affidavits taken out of court, - - -
0
1 0
Taking the acknowledgment of a deed, &c. -
0
0 7
Judge of Probate's Fees.
For granting administration, - -
0 2 0
If the inventory exceed £50, - 1
0 3 0
Receiving and proving each will, where the inven- tory does not exceed £50, - -
0 2 0
If the inventory exceeds £50,
0 3 0
Allowing of accounts, settling and dividing intestate .
estates, 0
5 0
Every necessary order or rule, 0) 1 0
Appointment of persons to inventory and appraise an estate, 0
1 6
Appointing committee to set off widow's dower, 0 1 6
Appointing guardians, 0 2 0
Clerk of Court of Probate's Fees.
For drawing and filing administration bond, -
02 0
Each letter of administration, -
0 16
Probate of a will, where the inventory does not ex- ceed £50, 0 2 0
Where it does exceed &€50, -
Recording or copying a will, inventory, or other ne- cessary paper, for cach hundred words, -
0 2 6 0 0 4 Every citation, -
0) 0 9
Every quietus or acquittance, - 0 2 6
Making out a commission to receive and examine the claims of creditors to insolvent estates, -
0 2 0
1 0 0 Registering the same, -
Entering an order upon the administrator to pay out the estate, in proportion, unto the several creditors returned by the commissioners, 0 1 6
Entering every other necessary order or rule, - 0 0 6
Drawing and filing every guardian bond, 0 2 0
For every other necessary service, not herein partic- ularly mentioned, such sum as shall be allowed by the judge.
Secretary of State's Fees. For recording laws in the State records, for every hundred words, 0 0 4
-
-
465
LAWS PASSED, OCTOBER, 1782.
For receiving and filing each petition between party and party, For receiving and filing each petition for land, 010 For copies of laws, petitions, &c., for each hundred words, 0 0 4
For each citation between party and party, 0
1 0
And there shall be paid to the Secretary, for the use of the treasury, on the filing of each petition be- tween party and party, to be determined by the Assembly, 1 00
For drawing, attesting and registering each charter of incorporation, 1 0 0 For attending the General Assembly, for each day, 0 12 0
Travel, per mile, out, 0 0 4
Secretary of the Council's Fees.
For each military commission, he finding blank, 0 1 6 Each commission for the justices of a county, 0 4 6
Commission for judges of the supreme court, 0 3 0
For each commission for judges of county and pro- bate courts, 0 2 0 Every order of Council for the benefit of particular persons, -
0 1 0)
Affixing the State seal, each time, 0 1 6
Attending Council, per day, - 0 7 0 -
Travel, per mile, out, -
-
-
0 0 4
Town Clerk's Fees.
For recording a deed, -
0 1 2
For the copy of a deed, -
0 1 2
Recording a survey bill,
0 0 6
Recording a marriage, birth or death, () 0 3 -
Recording each mark,
() 0 6
Attorney's Fees.
In taxing bills of cost, the party recovering to be al- lowed for attorney's fees, at county courts, - 0 12 0
In the supreme court, -
0 18 0
In the Assembly, 0 18 0)
To the State's attorney, for prosecuting each crimi-
nal action to effect, 1 10 0
Post Wages.
For man, horse, and expenses, each mile out, if he does not cross the green mountain, -
0 0 4
If across the green mountain, - 0 0 5
Sheriff's and Constable's Fees.
Serving every process, on each defendant, by reading, 0 0 4
L 3
166
LAWS PASSED, OCTOBER, 1782.
If by copy, - -
0 1 0 Bail bond, (if taken.) 0 1 0 -
For levying each execution, to be one shilling for one pound, or under, and three pence on the pound, for every pound above.
For attending on a justice's court, when obliged to . .. attend, for each action tried, 0 2 0
Each mile's actual travel, -
0 0 4
Sheriff's attending the General Assembly, supreme or county courts, per day, 0 6 0
Constable for the like service, per day, 0 4 6
Fees for plaintiff' or defendant attending any court, per day, 0 2 0
Witnesses for attending any court, per day, 0 3 0
Travel for plaintiff, defendant, or evidence, in any court, per mile, 00 3
Plaintiff or defendant living out of the State, for cross-
ing the line of the State, and from thence to court, 0 6 0 Fees for freeholders sunimoned to assess the damages sustained in laying out highways, shall be for each freeholder per day, - 0 3 0
The sheriff attending on such freeholders, per day, 0. 4 0
Jury for a justice's court, for each action tried, to be advanced by the party praying a jury, 0 90
Brander and Recorder of Horses Fees.
For branding and recording every horse kind, 0 0 6
For each copy of record, 0 6
Goaler's Fees.
For commitment of a prisoner, -
0 2 0 For discharge of a prisoner, -
0 2 0
For dieting a prisoner, per week, -
0 5 0
County Surveyor's Fees.
For himself and horse, per day, beside expenses, 0 60
Sheriff's and Constable's assistant's Fees.
For each man that attends the sheriff or constable, per day,
0 4 0
Grand Juror's Fees. .
For each days attendance at the supreme or county court, for each grand juror, 0 4 6 And four pence per mile travel from their respective
dwelling-houses to the court,
-
0 0 4
-
-----
467
LAWS PASSED, OCTOBER, 1782.
Fees for Agents to Congress. -
For each days service, (exclusive of expenses) find- ing their own horses, 0 10 0
Fees for Auditors of Accounts, Committees of Pay- table, and for Revising the Laws. For each days service, (they bearing their own ex- penses,) - - 0 12 0
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. 1
LAWS PASSED AT WINDSOR. FEBRUARY SESSION, 1783.
AN ACT to enable the Governor and Council to pardon certain per- sons therein described.
Whereas, certain persons in the county of Windham, have lately been convicted, before the supreme court of this State, of conspiring and at- tempting an invasion, insurrection, and public rebellion against this State, contrary to the form of a statute of this State, passed in June last, enti- tled, " An Act for the punishment of conspiracies against the peace, lib- erty, and independence of this State ;" and have been banished therefor : and whereas, it is suggested that some of said persons are penitent, and desirous of returning to their duty ; and it is probable that during the re- cess of this House, some of said persons will petition for a pardon of their said offences : this Assembly being desirous, at all times, of shewing mercy, when it can be done consistent with the public safety :
Be it therefore enacted, &c. that his Excellency the Governor and the Honorable the Council of this State, be, and hereby are fully author- ised and empowered, upon application to them made, during the ad- journment of this Assembly, to pardon any of the said persons who have been banished from this State by the supreme court as aforesaid, in as full and ample a manner as this Assembly could do if convened.
168
LAWS PASSED, FEBRUARY, 1783.
AN ACT directing the Treasurer to issue State Notes on interest; for debts due from this State.
Whereas, it is found necessary that the several due bills and orders heretofore issued in behalf of this State, should be reduced to one channel, the better to ascertain the amount of the out-standing debts of the same, and reasonable that such debts should be on interest :
Be it enacted, &c. that the committee of pay-table be, and they hereby are directed to make regular entries of all accounts, by them allowed, and orders thereupon drawn on the treasurer, and make return to his office, of all such orders, quarterly, viz :- on the first day of January, the first day of April, the first day of July, and the first day of October an- nually. And that the superior court be, and hereby are directed to keep a record of all orders by them drawn on the treasurer, and make a return of the same into his office, at the close of every session of said court. And the commissary-general of purchases, is also hereby directed to de- liver to the treasurer, on or before the twentieth day of March next, an exact list of all debts contracted in behalf of this State, by him or his dep- uties, with the several sums, date of each contract, and the names of the several persons to whom due. And the commissary-general of purchases, drawing on the treasurer for the payment of such debts, so returned, as aforesaid, the treasurer is hereby directed to give his notes on interest, in behalf of this State, and make the commissary debtor for such sunis. And the treasurer is also hereby directed to give his notes, in behalf of this State, on all due bills issued out of his office before this date, including such also as must be given on accounts necessary to be liquidated at the close of this session, and on regular orders heretofore drawn on him, and the commissary's orders for debts heretofore contracted by him, and all due bills which have been or may be issued by the pay-master. And such State notes to be issued by the treasurer as aforesaid, shall bear date and draw interest from the 13thi day of February instant. Provided, such treasurer's due bills, orders and pay-master's due bills, be returned into the treasury-office on or before the first day of August next.
Be it further enacted, that all State notes, which may be issued by the treasurer, for orders hereafter to be drawn on him, and all such con- missary's and other orders and due bills as aforesaid, which shall not be returned into the treasury-office, by the said first day of August next, shall be on interest and bear date from the time only of the treasurer's issuing notes as aforesaid, thereupon.
And whereas, a quantity of the bills of credit emitted by this State, are likely to remain in the hands of individuals, after the several taxes now levied are collected ; Therefore,
Be it further enacted, that the treasurer be, and he herchy is directed, on the receipt of any such bills into his office, which are not received for taxes, to issue his notes therefor, in manner aforesaid, dating said notes at the time of receiving such bills ; provided it be for no sum less than one pound ; and such money so received by the treasurer, shall be de- stroyed in the manner heretofore prescribed. And all such State notes,
469
LAWS PASSED, FEBRUARY, 1783.
so issued or to be issued, by the treasurer as aforesaid, shall be given on demand and draw interest at the rate of six per cent per annum : and the interest thereon shall be paid in hard money, annually, if demanded.
And the substance or form of such State notes shall be in the terms following, viz :-
(" No. TREASURY-OFFICE, day of
The State of Vermont acknowledge themselves indebted to A. B. the sum of lawful money, which I promise in behalf of said State, to pay the said A. B. or possessor, on demand, with interest at six per cent, per annum : said interest to be paid in hard money, annually, if demanded.
" By virtue of an act of Assembly, passed at Windsor, February, 1783. I. A. Treasurer."
" Witness,
Provided always, that no interest shall be allowed on any State notes, which shall be received in payment of taxes, that have been or may be granted, for the purpose of calling in and discharging said notes, after the day appointed, for the payment of such taxes to the collectors.
AN ACT to confirm the substance of the last Will and Testament of Rufus Rude, late of Royalton, deceased, as the last Will of the said deceased.
Whereas, it appears that the last will and testament of Rufus Rude, late of Royalton, in the county of Windsor, deceased, was burned by the enemy in the destruction of Royalton, in the year 1780, and that the sub- stance of the said will appears by the united testimony of the witnesses thereto to be as follows :- After setting forth his being of sound and dis- posing mind and memory, and commending his soul to God Almighty, and his body to the earth, to be buried in a decent manner, &c. he did dispose of his wordly estate in manner and form as follows :
Imprimis .- He did give and bequeath unto Sarah, his wife, one third part of his estate, both real and personal.
Item .- He did give and bequeath unto his son Rufus, five shillings, lawful money, to be paid by his executor thereafter named ; he having had his portion, before hand.
Item .- He did give and bequeath unto his daughter, Abigail, the wife of Simeon Curtis, of Norwichi, in said county, one middling cow, or the value thereof ; to be paid by the said executor-also one moiety of his wearing apparel.
Item .- He did give and bequeath unto his son-in-law, Elias Stevens, of said Royalton, all the remainder of his real estate : and to the said Elias and Sarah, his wife, daughter of the said Rufus, he did give and be- queath all the remainder of his personal estate. And further did consti- tute and appoint the said Elias Stevens, to be executor of his said last will and testanient : at the same time revoking all other, and ratifying and confirming the said instrument, and no other, to be his last will and testament :- Therefore,
470
LAWS PASSED, FEBRUARY, 1783.
Be it enacted, &c. that the substance of the said last will and testament of the said Rufus Rude, be and hereby is ratified and confirmed to be the last will and testament of the said deceased : and that it be of equal foree and validity as if the same will were still in being.
AN ACT granting a pardon to
Whercas, --- , late of Brattleborough, has been found guilty of treason against this State, and banished therefrom, not to return on pain of deatlı ; and all his estate, both real and personal, condemned to and for the use of this State. And whereas, the said - has petitioned this Legislature for pardon, setting forth his sincere and hearty penitence and determination to behave orderly and submissive, in case of pardon : and as this Legislature are disposed to extend clemency to the unfortunate, and are made to believe that the said -'s penitence is sincere :
Be it therefore enacted, &c. that - -, late of Brattleborough, be, and he is hereby pardoned, and discharged from the sentence passed against him in the superior court, holden at Westminster, in September last, on his paying all the cost of such suit, and his confinement in conse- quence thereof.
AN ACT for lengthening the time of redemption of three lots of land,. belonging to the heirs of Thomas French, deceased.
Whereas, it has appeared to the Legislature that there was some col- lusion made nse of, in the purchase of some lands, lying in Pawlet, the property of the heirs of Thomas French, late of Manchester, which were sold to pay the land-tax granted in the year 1781.
Be it therefore enacted, &c. that the right of redemption of three lots of land in said Pawlet, formerly the property of said heirs, and now held by other persons on said vendue purchase, be and is hereby prolonged until the first day of June next.
AN ACT, in addition to an Act, entitled, " An Act directing and regu- lating the levying and serving Executions."
Whereas, through a scarcity of a circulating medium, it is very diffi- cult to satisfy all debts in specie. Therefore,
Be it enacted, &c. that neat cattle, beef, pork, sheep, wheat, rye, and indian corn, shall be a lawful tender, if turned out by the debtor, on any execution. And it is hereby declared to be the duty of an officer having any execution, to levy the same on any or all the aforesaid estate, so turn- ed out by the debtor : and such estate, so turned out and taken on execu- tion, shall, unless the debtor shall, within four days, otherwise satisfy
471
LAWS PASSED, FEBRUARY, 1783.
such execution, be appraised to the creditor, at the sign-post in the town where the same shall be taken, or other place where the parties may agree. And the appraisers of such estate shall be appointed in the same manner as the appraisers of real estate are by law to be appointed. And the officer shall satisfy all reasonable charges of such appraisement, out of the debtors estate. And the appraisers, before they proceed to make the appraisement, shall take the following oath ; which such officer is hereby impowered to administer, viz :-
" You - - being appointed to appraise such estate as shall be presented to you, do swear that, all partiality, prejudice, and other sinister respects, laid aside, you will appraise the said estate, according to the present and just value thereof in money, to the creditor or credi- tors, who is to receive the same ; and that you will do therein according to your best judgment and conscience. So help you God."
And be it further enacted, that an act passed at Manchester, in Octo- ber, 1782, entitled "An Act, in addition to an act directing and regulating the levying and serving executions," be and the same is hereby repealed.
Provided always, that this act shall not extend to executions, issued on any judgments obtained on any contracts made, or hereafter to be inade, since the first day of July last. And the date of such contract shall be certified on such executions.
AN ACT for the purpose of granting Daniel Taylor, a new trial in a, certain cause therein mentioned.
Whereas, by authentic evidence laid before this Assembly, it appears that manifest injustice has taken place in a certain cause heard and finally determined, before the county court for the county of Windham, at their adjourned session, at Westminster, August term, 1782, wherein Daniel Taylor of Newfane, in the county of Windham, was plaintiff, and John Mercy of Windsor, in the county of Windsor, was defendant : which in- justice to prevent, and to grant the parties a new trial in a due course of law,
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