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 55
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Be it enacted, &c. that there be and hereby is granted to the said Daniel Taylor, a new trial in the above recited cause : and that it be the duty of the said Daniel to enter his cause at the next session of the county court for the county of Windham, and to proceed to trial as though said cause ha ! never been heard. . And the said court are hereby directed to hear, adjudge and finally determine said cause, according to the laws, ordinances and statutes of this State, made and provided : of which pre- mises the parties are to take notice at their peril.
472
LAWS PASSED, OCTOBER, 1783.
LAWS PASSED AT WESTMINSTER, c.
OCTOBER SESSION, 1783.
AN ACT to enable Towns and Parishes, to erect proper Houses for public Worship, and support Ministers of the Gospel.
Whereas, it is of the greatest importance to the community at large, as* well as to individuals, that the precepts of christianity and rules of mo- rality be publicly and statedly inculcated on the minds of the inhabitants.
Therefore,
Be it enacted, &c. that whenever any town or parish shall think them- selves sufficiently able to build a meeting-house, or settle a minister, it shall be the duty of the town or parish clerk, on application of seven freeholders of such town or parish, to warn a town or society meeting, mentioning the time, place, and matter to be debated ; giving twelve days notice, by posting the same at the most public place, or places, in said town or parish : and that two thirds of the inhabitants of such town or parish, who shall meet agreeable to such warrant, being legal voters, and of similar sentiments with respect to the mode of worship, shall be here- by authorised to appoint a place or places for the public worship of GOD, and fix on a place or places for building a house or houses for such wor- ship, and vote a tax or taxes sufficient to defray the expense of such build- ing or buildings ; and also to hire, or otherwise agree with, . minister or ministers to preach in such town or parish, either to supply such town or parish with preaching, or on probation for settlement ; and further to vote such minister or ministers such settlement or settlements in money, or otherwise, as to them shall seem equal ; and to vote such minister or ministers such annual support in money, or otherwise, (to be agreed on between such minister or ministers and people) as shall be found neces- sary ; to be assessed on the polls and rateable estates of persons living, or estates lying, within the limits of such town or parish.
Provided, no person shall be obliged to pay such tax or taxes, or any part thereof, or his estate taken therefor, who shall be hereafter described and exempted by this act.
Provided also, that no vote shall be deemed legal and binding on such inhabitants as are not by law exempted as aforesaid, unless there shall be twenty five legal voters in the affirmative.
And if the inhabitants of any town or parish shall agree to build a meeting-house or houses, agrecable to the tenor of this act, but shall not agree on the place or places to build the same ; in that case it shall be the duty of the county court, at their sessions within the county where such difficulty may arise, at the request of not less than seven members, inhab- itants of such town or parish, to appoint an indifferent committee at the discretion of the court, and cost of such town or parish, to view atten-
478
LAWS PASSED, OCTOBER, 1788.
tively such town or parish, and find out the most convenient place or places for such house or houses, and there set up a stake or stakes, and acquaint the clerk of such town or parish therewith, who shall make a record thereof: and such committee shall report their doings to the court that appointed them ; which court shall examine said report, and if found to be just and equal, shall establish the same.
And whereas, there are in many towns and parishes within this State, men of different sentiments in religious duties, which lead peace- able and moral lives, the rights of whose conscience this act is not to controul ; and likewise some, perhaps, who pretend to differ from the majority with a design only to escape taxation. Therefore,
Be it enacted, that every person or persons, being of adult age, shall be considered as being of opinion with the major part of the inhabitants within such town or parish where he, she or they shall dwell, until he, she or they shall bring a certificate, signed by some minister of the gos- pel, deacon, or elder, or the moderator in the church or congregation to which he, she or they pretend to belong, being of a different persuasion ; which certificate shall set forth the party to be of their persuasion : and until such certificate shall be shewn to the clerk of such town or parish (who shall record the same) suchi party shall be subject to pay all such charges with the major part, as by law shall be assessed on his, her or their polls or rateable estate.
Provided, this act shall not be construed to extend to the collection of taxes, for the purposes herein named, from any persons, or description of persons, who, before the publication of this act, shall have confederated together to support the gospel, until such confederation shall be dissolved, or such persons, or description of persons, shall apply to the General Assembly to be incorporated into a town or parish, or towns or parishes, and receive the final determination of said Assembly. Provided also, that such application shall be made in one year from said publication ; any thing contained in this act to the contrary notwithstanding.
AN ACT against Adultery, Polygamy, and Fornication.
Whereas, the violation of the marriage covenant is contrary to the command of GOD, and destructive to the peace of families :
Be it therefore enacted, &c. that if any man be found in bed with an- other man's wife, or woman with another's husband, the persons so of- fending, being thereof convicted before the supreme court, shall be se- verely whipped on the naked body, not exceeding thirty nine s tripes ; unless it shall appear upon trial that it was involuntary in one of the parties ; in which case no punishment shall be inflicted on such party not consenting.
And if any person shall commit adultery, and be thereof convicted be- fore the supreme court, he, she or they shall be set upon the gallows for the space of an hour, with a rope or ropes about his, her or their neck or necks, and the other end cast over the gallows : and also shall be severely
M 3
474
LAWS PASSED, OCTOBER, 1783.
whipped on the naked body, not exceeding thirty-nine stripes, and shall, from the expiration of twenty-four hours after such conviction, du -?. ring their abode in this state, wear a capital A of two inches long, and proportionable bigness, cut out in cloth of a contrary color to their cloaths and sewed upon their upper garment, on the out-side of their arm, or of ". their back, in open view. And if any person or persons, having been convicted and sentenced for such offence, shall, at any time, be found without their letter so worn, during their abode in this State, he or they shall, by warrant from any justice of the peace, be forthwith apprehend- ed, and publicly whipped, not exceeding fifteen stripes: and so from time to time, toties quoties.
That if any man and woman who liave been, or shall hereafter be di- vorced, according to law, or where their marriage has been or shall be de- clared null and void, shall cohabi: or converse together as man and wife, and be thereof convicted as aforesaid ; every such person sliall suffer the like pains and penalties as are above mentioned.
Be it further enacted, that if any person or persons in this State, be- ing married, or who shall hereafter marry, do, at any time, presume to marry any other person, the former or other husband or wife being alive; or shall continue to live together, so married; that then, every such of- fender shall suffer and be punished as in case of adultery : and such mar- riage shall be, and is hereby declared to be null and void : which offenders shall be tried in the county where they shall be apprehended.
Always provided, that this act, or any thing therein contained, shall not extend to any person or persons whose husband or wife shall be con- tinually remaining beyond the seas,by the space of seven years together; or whose husband or wife shall absent him or herself, the one from the other, by the space of seven years together, in any part of this or the United States of America, or elsewhere, the one of them not knowing the other to be living within that time.
Provided also, that this act shall not extend to any person or persons whose husband or wife has lately, or shall hereafter, go to sea in any ves- sel bound from one port to another, where the passage is usually made in three months time, and such vessel has not been, or shall not be heard of within the space of three full years next after their putting to sea from such port ; or only be heard of under such circumstances as may rather confirm the opinion commonly received of the whole company's being ,utterly lost.
But in every such case, the matter being represented to the supreme court, and made to appear, the person whose husband or wife is or shall be, in this manner, parted from her or him, may be esteemed and declar- ed single and unmarried : and upon such declaration thereof, and liberty obtained from the said supreme court, may lawfully marry again : any thing in this act to the contrary notwithstanding.
Provided also, that this act shall not extend to any person or persons that are or shall be, at the time of such marriage, divorced by any sen- tence liad, or hereafter to be had, agreeable to law ; nor to any person or persons where the former marriage has been or shall hereafter, by such. sentence, be declared to be void, and of none effect : nor to any person
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475
LAWS PASSED, OCTOBER, 1783.
or persons for or by reason of any former marriage had or made, or hereafter to be had or made, within the age of consent : that is to say, the man fourteen years of age, and the woman twelve.
And be it further enacted, that every person who shall commit forni- cation within this State, and be duly convicted thereof before any coun- ty court in this State, before the inter-marriage of such persons offending, shall pay a fine not exceeding four pounds to the treasury of the county where such conviction shall be had; or be punished, by whipping, not exceeding twelve stripes each : at the discretion of the county court which shall have cognizance of the offence.
AN ACT to prevent the inhabitants of New-York being allowed greater privileges within this State, than the inhabitants of this State are allowed within the State of New- York.
Whereas, by an act of the Legislature of the State of New-York, no person or persons belonging to this State, are permitted to commence any suit or action at law, within the jurisdiction of New-York, for the obtaining of their just rights, unless they acknowledge the jurisdiction of said State, so far as to take an oath of allegiance to the same.
Therefore,
Be it enacted, &c. that no person or persons, being an inhabitant or inhabitants of, or residing within the jurisdiction of the State of New- York, shall, within the time of his, her or their residence as aforesaid, commence any suit or suits at law, within the jurisdiction of this State, against any inhabitant or resident thereof, for any civil matter or con- tract, until the Legislature of said State of New-York shall allow the in- habitants of this State full liberty to commence the like suits within their jurisdiction, and without any such lets or hindrances.
AN ACT declaring a time when to begin the settlement of new lands, that has been prevented by the late war between Great-Britain and America.
Whereas, the war has stopped the settlement of the northerly part of this State : and as very considerable tracts of land have been disposed of .on consideration of settlement, which must necessarily depend on some period when it might be reasonably supposed that such lands might be settled with safety, after the war was to an end. And whereas, many disputes may arise in future when such time was:
Which to prevent,
Be it enacted, &c. that the first day of May next, be, and hereby is, declared a lawful time to begin the settlement of new lands, that have
476
LAWS PASSED, OCTOBER, 1753.
been prevented by the late war between Great-Britain and America : and all persons concerned in such lands are required to take notice hereof, and govern themselves accordingly .*
AN ACT establishing a right of land in Poultney, to John Ashley.
Whereas, it appears that John Ashley, of the township of Poultney, in in the county of Rutland, did, in the year 1773, purchase one whole right or share of land, being lot number eleven, first division, and the after drafts, in the town of Poultney aforesaid, of Zimri Allen, of Salisbury, in the county of Litchfield, and State of Connecticut : and that the said Ashley had a deed of conveyance from the said Allen ; but that the said deed was not recorded. And whereas, said deed was taken from said Ashley, by the enemy, at, or about, the time of the evacuation of Ticon- deroga. And whereas, it appears that said Ashley has never since been able to recover said deed : whereupon said Ashley prays for this Assem- bly to confirm liim in the title of said land. Therefore,
Be it enacted, &c. that the said Jolin Ashley be, and hereby is con- firmed in liis title to said right of land in as full and ample a manner as though said deed had never been lost ; and this act being recorded in the town clerk's office in the town where said land lieth, shall be deemed a good, sufficient and lawful tittle thereto.
AN ACT for the purpose of raising one hundred able, effective men to assist the civil authority in carrying into execution the law, in the south- ern part of the county of Windham.
Whereas, a number of persons, living in the southern part of the county of Windham, to the great disturbance of the peace, have banded together to oppose sheriffs, constables and collectors, in the due execution of their offices ; and in many instances proceeded to outrageous abuses, which threaten the ruin of government, unless speedily remedied.
Which evil to prevent,
Be it enacted, &c. that there be immediately raised one hundred able, effective men, and stationed in the southerly part of the county of Wind- ham, under the command of Colonel Benjamin Wait, to assist the offi- cers of government in carrying into execution the laws of the State. That said men be officered with one colonel, and one major, and be divided in- to two companies, to consist each, of one captain, one lieutenant, and one
* Most of the charters granted under the authority of Vermont, previous to the close of the revolutionary war, contained the following condition, viz .-
" That each proprietor of the township of - aforesaid, his heirs or assigns shall plant and cultivate, five acres of land, and build an bonse, at least eighteen feet square on the floor, or have one family settled, on each respective right, within the term of three years next after the circumstances of the war will admit of a settlement with safety ; on penalty of the forfeiture of each right of land in said township not so improved or settled, and the same to revert to the freemen of this State."
477
LAWS PASSED, OCTOBER, 1783.
ensign, four serjeants, four corporals, one drummer, one fifer, and fifty rank and file : and that colonel Wait be requested to nominate the offi- cers, and his Excellency the Captain-General to commissionate, them for the purpose aforesaid ; and that they be mlisted for six months, unless sooner discharged : and that the officer commanding said troops, with the advice of the honorable Brigadier-General Samuel Fletcher, be im- powered to discharge said troops when they shall have effected the pur- poses aforesaid.
And be it further enacted, that the commissary-general be, and hereby is directed, to furnish said troops, while in service, with ammunition, provision and spirituous liquor, as heretofore allowed to the troops of this State.
And be it further enacted, that the pay of said troops, upon their fur- nishing themselves with arms, shall be per month, as follows, viz :--
&. s. d.
Colonel, - 20 0
0
S. d. Serjeants, -
- 3 10 0
Major, -
13 - 3 0 0 Corporal, - 5 0 Captain, - 10 0 0 Drummer & fifer, 3 5 0
Subalterns -
7 0 0
Private, - -
3
0 0
And for every less quantity of time, while in service, in the same pro- portion.
AN ACT for the regulation of Fees.
Whereas, the fees heretofore granted to the officers of government, have been found, by experience, in some instances, to be inadequate to, and in others more than a sufficient reward for, the services they were in- tended to compensate :
Be it therefore enacted, &c. that the fees to be taken by the several officers of this State, herein after mentioned, so far as the same are par- ticularly enumerated, be as follows, viz :--
Fees for the Lieutenant Governor.
£ s. d.
For attending the Council, per day, 0 15 0 -
Travel, per mile, out, - - 00 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 60 The speaker of the General Assembly, per day, 0 10 0 The clerk of the General Assembly, per day, 0 10 0 4.
Travel, per mile, out, -
1
·
478
LAWS PASSED, OCTOBER, 1788.
1
Supreme Court's Fees.
Chief judge, while on the circuits, per day, 0,18.0 Assistant judge, while on the circuits, per day, 0 15 0
To the jury for each action tried, 1 4 0
'And there shall be paid into the clerk's hands for the benefit of the judges attending, for each action tried, 0 15 . 0 And for each default or confession, - 0 6 0
Clerk of Supreme Court's Fees.
For each days attendance on the court, while on the circuits, 0 10 0
Entering each action for trial, 0 2 0
Entering each judgment by default or confession, 0 2 6
Recording each judgment on demurrer and after
verdict, 0 4 6
Taking each recognizance in court, 0 1 0
Filing each recognizance, testimony, and other ne- cessary papers, -
0 0 6
.Every rule of Court, -
0 0 9
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 12 0
Assistant judges each, per day, 0 90 -
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,) 060
Clerk of County Court's Fees.
Entering each action, 1 0 0
Entering each judgment by default or confession, 0 6 1 Recording each judgment on demurrer and after 0 3 0
verdict, ʻ
Filing each recognizance, testimony, and other ne-
0 4 cessary paper, 0
Taking each recognizance in court, -
0 1 0
Entering the common rule in ejectment, -
0 1 6
Every other rule or order of court, .
-
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.
479
LAWS PASSED, OCTOBER, 1783.
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.
Justice's Fees.
For drawing a writ on a note not negotiated, 0 1 0 :
Other writs in proportion to their length and difficulty ... ..
Signing attachments or summonses, each,
0 0 6
When bond is given,
0
0 .4
For judgment, in each action tried,
0 2 6
If on the verdict of a jury, 1
0
5
0
Every execution,
Each continuance,
0 1
0
Every warrant for criminals, -
0 1
0
Every appeal and recognizance,
-
0 2 0
Copy of each evidence, -
0 0
6
Copy of judgment,
-
-
-
0 0
S
Recognizance, -
0 1
0
Each venire for a jury,
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,
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
1 Every necessary order or rule, 0 0
Appointment of persons to inventory and appraise an estate,
0
1 6
Appointing committee to set off a widow's dower, 0 1 6
Appointing guardians, 0 2 0
Clerk of Court of Probate's Fees.
For drawing and filing administration bond, 0 2 0
Each letter of administration, 0 1 6
Drawing probate of a will, where the inventory does not exceed £50, - -
0
2 0
Where it does exceed £50,
0 2 6
Recording or copying a will, inventory, or other ne- cessary paper, for each hundred words, 0 0 5 Every citation, -
0 0 9
Every quietus or acquittance, - 0 2 6
-
0 0 9
Subpoena, for each witness,
-
-
-
0 .1
6
1
0 ()
Judgment on confession or default,
-
480
LAWS PASSED, OCTOBER, 1783.
Making out a commission to receive and examine the claims of creditors to insolvent estates, -
0 2 0 Registering the same, -
0 1 0
Entering an order upon the administrator to pay out the estate, in proportion, unto the several creditors returned by the commissionèrs, 0 1 6
Entering every other necessary order or rule, -
00 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, 00 5
For receiving and filing each petition of a private nature, 0 0 8
For receiving and filing each petition for land, 0
1 0
For copies of laws, petitions, &c., for each hundred words, 0 0 5
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, 0
For drawing, attesting and registering each charter of incorporation, 1 0 0 For attending the General Assembly, for each day, 0 10 0
Travel, per mile, out, 0 0
Secretary of the Council's Fees.
For each military commission, he finding blanks, 0
1 6 Each commission for judges of the supreme court, 0 3 0
Each commission for the justices of a county, 0 4 6 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 2
For the copy of a deed, -
-
-
0 1 2
Recording a survey bill, -
-
-
0 0 6
Recording a marriage, birth or death, 0
0 3
Recording each mark,
-
0 0
6
٢
481
LAWS PASSED, OCTOBER, 1783.
Attorney's Fees.
In taxing bills of cost, the party recovering to be al- lowed for attorney's fees, at county courts, in liti- gated suits, 0 10 0
In cases not litigated, 0 30 -
In the supreme court, in litigated suits, -
0 12 0
In cases not litigated, -
0 4 0
In the Assembly, -
0 12 0
For drawing a writ on a note of hand, not negotiated, 0 1 0
For other writs such sum, as shall be allowed by the court, in proportion to their length and difficulty.
To the State's attorney, for prosecuting each crimi- nal action to effect, such sum as shall be allowed by the court, not exceeding
1 10 0
Post Wages.
For man, horse, and expenses, each mnile out, if not
across the green mountain, - - - 0 0 4
If across the green mountain, -
- 0 0 6
Sheriff's, Constable's, Plaintiff's, Defendant's, Witnesses and Juror's Fees.
Serving every process, on each defendant, by reading, 0 0 4 If by copy, - 0 1 0
Bail bond, (if taken.) - -
0 1 Q
For levying each execution, to be one shilling for one pound, or under, and three pence on the pound, for every pound above.
For each davs attendance upon the appraisement or sale of estate taken in execution, 0 2 0
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 60 -
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 For attending a justice's court half a day, -
0 0 Travel for plaintiff, defendant, or evidence, in any court, per mile,
0 0 3 Plaintiff or defendant living out of the State, for cross- ing the line of the State, 0 6 0 Fees for freeholders suminoned 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
N 2
482
LAWS PASSED, OCTOBER, 1783.
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