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 56
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Jury for a justice's court, for each action tried, (in - civil causes to be advanced by the party praying jury, before the issuing a venire,) 0 9 0
Brander and Recorder of Horses Fees.
. For branding and recording every horse kind, 00 G
For each copy of record, -
00 6
Goaler's Fees.
For commitment of a prisoner, -
-
0
2
0
For discharge of a prisoner, - -
-
()
2
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, ) 4 G
And four pence per mile travel from their respective
dwelling-houses to the court, 0 0 4 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 and Committee for Re- vising the Laws.
For each days service, (they bearing their own ex- penses,) -
0 10 0
Each mile's travel, -
0 0 4
Collector's Fees.
Collectors of taxes to be allowed the like fees as sheriff's in cases of execution.
Committee of Pay-table, per day, -
0 70
Travel, per inile, out, -
00 4
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&c. that each and every law and statute of this State (except those statutes, and parts of statutes, which have been repealed by
483
LAWS PASSED, FEBRUARY, 1784.
special act of Assembly, or are expired by their own express limitation,) shall be and remain in full force and virtue, until the rising of the Gene- ral Assembly, in October next.
LAWS PASSED AT BENNINGTON, FEBRUARY SESSION, 1784.
AN ACT against high Treason and misprison of Treason.
Be it enacted, &c. that if any person or persons belonging to, or resi- ding within, this State, and under the protection of its laws, shall levy war against this State, or the government thereof; or knowingly and wil- lingly shall aid or assist any enemies at open war against this State, by joining their armies, or by inlisting, or procuring others to inlist into such armies ; or by furnishing such enemies with arms, ammunition, provis- ions, or other articles for their aid and comfort, or by carrying on a treacherous correspondence with them ; or shall form, or be any way concerned in forming, any combination, plot, or conspiracy, for the be- traying this State into the hands or possession of any enemy, state or power ; or shall give, or attempt to give, or send, any intelligence to any state or power for that purpose ; or shall conspire or attempt any inva- sion, insurrection, or public rebellion, against this State : every person so offending, and being thereof convicted before the supreme court, shall suffer death ; and all his or their estate or estates, real and personal, shall be forfeited and sold to and for the use of this State.
And be it further enacted, that if any person or persons, belonging to, or residing within, this State, and under the protection of its laws, shall endeavor to join the enemies of this State, or use their influence to persuade or induce any person or persons to join, aid, confort, or assist them in any way or manner whatsoever ; or shall have knowledge of any person or persons endeavoring or using their influence as aforesaid, or shall have knowledge of any person or persons secretly conspiring or attempting any invasion, insurrection, or public rebellion against this State, or forming any secret combination, plot, or conspiracy, for betray- ing this State into the hands of any other power, and shall conceal the same ; such person or persons, being duly convicted thereof before the supreme court of this State, shall be punished by fine, according to the nature and aggravation of the offence, and shall be imprisoned at the dis- sretion of the said court, not exceeding ten years.
184
LAWS PASSED, FEBRUARY, 1784.
AN ACT for regulating of Marriages, and for preventing and punish- ing Incest, and incestuous Marriages.
Forasmuch, as the ordinance of marriage is honorable in all ; and it being proper that the solemnization of it should be in such a decent and orderly manner as will best contribute to the happiness of families, and peace of society : Therefore,
Be it enacted, &c. that no person shall be joined in marriage before the intention of the parties has been published by the minister or town clerk, in some public meeting or meetings for religious purposes, in the town, society, or parish, where the parties do ordinarily reside; or such purpose or intention be posted, in fair writing, at some public place in each of the towns, there to stand so that it may be read, at least eight days before such marriage.
That no persons whatsoever in this State, other than councillors, judges of the county courts, or justices of the peace within their respec- tive counties, or ordained ministers of the gospel within the town and society wherein they respectively dwell, and while they continue in the exercise of the ministry, shall solemnize any marriage.
Nor shall any of the persons before mentioned presume to marry any man and woman, before he is certified that such intention of the parties has been published as aforesaid, or before such magistrate or minister is certified of the consent of the parents or guardians (if any there be) of such parties, on pain of forfeiting for every offence, the sum of twenty pounds ; one moiety to him or them who shall complain of and prose- cute the same to effect, and the other moiety to the treasury of the county where the offence shall be committed.
And if any person or persons shall presume to deface or pull down any such publishment, set up in writing as aforesaid, before the expiration of eight days after the time of its being set up; every such person or per- sons shall be fined the sum of forty shillings, or be set in the stocks one whole hour.
And every person, herein before empowered to join persons in matri- mony, shall keep a fair register of each marriage by them respectively solemnized, which may be given in evidence in any court of record in this State.
Be it further enacted, that no man shall marry any woman within the degrees of kindred herein after named, that is to say ;- no man shall marry his grand-father's wife, wife's grand-mother, father's sister, mothi- er's sister, father's brother's wife, mother's brother's wife, wife's father's sister, wife's mother's sister, father's wife, wife's mother, daughter, wife's daughter, son's wife, sister, brother's wife, wife's sister, son's daughter, daughter's daughter, son's son's wife, daughter's son's wife, wife's son's daughter, wife's daughter's daughter, brother's daughter, sister's daugh- ter, brother's son's wife, sister's son's wife.
And if any man shall hereafter marry any woman, who is within the degrees before mentioned in this act, every such marriage shall be, and is hereby declared to be, null and void. And all children which shall here- after be born of such incestuous marriage, shall be for ever disabled to
485
LAWS PASSED, FEBRUARY, 1784.
inherit by descent, or by being generally named in any deed or will, by father or mother.
That every man and woman who shall marry, or carnally know each other, being within any of the degrees before mentioned in this act, or being so married shall continue to dwell in the same house at any time after the space of forty days after the publication hereof, and be convicted thereof before the supreme court ; such persons shall suffer the like pun- ishment as is directed to be inflicted in case of adultery, except that in- stead of the letter A to be worn by an adulterer, the capital letter I shall be worn by such incestuous person.
AN ACT in addition to, and alteration of, " An Act regulating civil Actions."
Whereas, according to said act, people living ont of this State may sue persons living in this State, in any part of this State; and people living in this State, may sue their neighbors before a justice of the peace to the extreme part of the county in which they live :
Which mischief to prevent,
Be it enacted, &c. that no action shall be commenced, by any person living out of this State, before any superior or county court, except in the county where the defendant lives ; and before any justice of peace, except in the county where the defendant lives ; and before any justice of peace, except in the town where the defendant dwells, if there be a justice of the peace in such town, and no legal objection against him : and where there be no justice of the peace, or any legal objection against him, then the action may be tried by the justice in one of the adjoining towns.
And be it further enacted, that no other action shall be maintained by any person before a justice of the peace, except in the town where the plaintiff or defendant dwells.
Be it further enacted, that this act be not considered to effect any ac- tions commenced or writs issued before the passing this act.
AN ACT concerning Sureties and Scire Facias's.
Be it enacted, &c. that whenever any person or persons, not being freeholders in this State, shall apply to any person having authority to is- sue writs, for any process whatsoever, to bring or summon any person or persons, to answer before any court in this State, there shall be a suffi- cient security given to the defendant or defendants, by way of recogni- zance, to the satisfaction of the authority signing such process, before the signing thereof, that the plaintiff or plaintiffs, shall prosecute his, her, or their, writ to effect, and shall answer all damages if a judgment shall be rendered against him, her, or them. A minute of which recognizance, with the name of the surety or sureties, and the sum in which they are
E
486
LAWS. PASSED, FEBRUARY, 1784.
bound, shall be made upon the said writ at the time of the signing- thereof: and if any writ be otherwise issued, the same shall abate.
Be it further enacted, that no special warrant, to apprehend the body of any person, shall be granted by any magistrate, before the person praying out such warrant has given sufficient surety or sureties, to the acceptance of such magistrate, by way of recognizance, to the person complained of, that such person requesting the warrant will prosecute his complaint to effect, and answer all damages if he does not support it ; a minute of which recognizance shall be made as is herein before directed in civil causes : and if any warrant shall otherwise issue, the prisoner shall be discharged from the same, and recover his costs against the con- plainer.
Provided, that an informing officer shall not be obliged to give such surety in the prosecution of criminals or delinquents.
Be it further enacted, that bail may be taken by any person serving an attachment. causing the surety or sureties to endorse his or their names or marks on the precepts': by virtue whereof the surety or sureties shall be holden to satisfy the judgment, in case the return of non est inventus be legally made on the execution, unless just cause shall be shewn to the contrary at the return of a writ of scire facias, to be issued against such surety or sureties, by the creditor or creditors, within one year from the time of rendering the original judgment, or unless the surety or sureties shall render the body of the principal into court before entering the judg- ment upon the scire facias, (an officer being present) shall pay the costs upon the scire facias, and move to be discharged ; in which case the court shall direct an officer to receive the principal into custody, that his body may be taken in execution : and it shall be lawful for such officer to detain the principal so long as the court shall direct, not exceeding twenty days from tire rising of the court.
And in case a writ of scire facias against the bail, issued within one year from the time of rendering the original judgment, shall be returned scire feci, and no just cause shewn to the contrary, or the principal ren- dered as aforesaid, judgment shall be given for the original debt or dam- ages, and costs, with the additional costs of suit, and execution shall issue accordingly : and that no suit shall be prosecuted against any officer, or other person, taking bail in manner aforesaid, where the bail shall be sufficient.
And every surety, of whom such recovery is had, or who shall other- wise sustain damages by being bail, shall have right to recover all such damages as he shall so sustain against the principal.
Provided, that nothing herein contained shall be construed to prevent the bail from delivering the principal into court, before or during the term in which the original judgment shall be entered, in discharge of him or themselves.
And be it further enacted, that when any officer, or other person serv- ing an attachment or replevin, shall take insufficient bail in the action, he shall be liable to answer all damages to the creditor or creditors, his or their executors, administrators, or assigns ; who may recover the same against the person taking such insufficient bail, his heirs, executors, or ad-
487
LAWS PASSED, FEBRUARY, 1784.
ministrators, in a special action on the case, to be brought for that pur- pose.
And be it further enacted, that when any justice of the peace shall have rendered judgment in any cause, on confession or otherwise, and before execution shall be granted thereon, shall die, or be otherwise re- moved, the party recovering such judgment, shall have right to a scire facias, returnable at the county court of the county in which such judg- ment was had, against the defendant or defendants ; and upon producing to the said county court the record of the said judgment, or a copy attest- ed by the justice so removed, shall recover a judgment for such sum as shall appear to be unpaid, and for all additional costs ; and execution shall issue accordingly.
AN ACT directing the form of passing Laws.
Be it enacted, &c. that when the Governor and Council shall lay any bill before the General Assembly, and the same shall be passed by the Assembly without amendment, the Council shall be informed thereof by a written message; and the same shall be considered and recorded as a law of this State.
That when a bill shall originate in, and be agreed to by, the Assem- bly, it shall be sent to the Governor and Council for their perusal and proposals of amendment ; and if no amendment shall be by them pro- posed within three days, or before the adjournment or rising of the Le- gislature, the said bill shall be returned to the Assembly, and passed into and recorded as a law. And if amendments shall be proposed to any bill, and the Assembly concur therein, the Council shall be informed thereof by a written message ; and the said bill shall then be a law. But if all or a part of the proposed amendments shall not be concurred in by the Assembly (the reasons for which amendments shall be given verbally, or in writing) the bill shall be returned to the Council, and the reasons of such non-concurrence be given, either verbally or in writing, that the Council may, if they shall think proper, proceed further thereon.And if the Council shall not, within three days, or before the rising of the Le- gislature, propose further amendments which shall be agreed to by the Assembly, the said bill shall be returned to the Assembly, and considered and recorded as a law.
And be it further enacted, that if it shall so happen that the Council and Assembly cannot separately agree upon a bill, when amendments shall be so proposed as aforesaid, they shall meet in grand committee, in ·· order that the wisdom of both Honses may be properly obtained ; after the dissolution of which committee, the Assembly shall take them into consideration, and proceed as is above mentioned.
And be it further enacted, that all bills remaining with the Council at the rising or adjournment of the Legislature, at every sitting thereof, shall by the Council be delivered to the Secretary of the State.
488
LAWS PASSED, FEBRUARY, 1784.
AN ACT allowing the scales of depreciation in other States, for the set- tlement of debts contracted in those States.
Whereas, divers obligations, for continental money, are brought from different parts of the United States of America, into this State for pay- ment ; and as the settling such obligations, according to the scale of de- preciation established by this State, appears to be very injurious to the debtor. For remedy whereof,
Be it enacted, &c. that when, and so often as any obligation for conti- nental money shall be brought from any of the United States of America into this State, for settlement, the several courts before whom suits for such obligations may be depending, shall render judgment on such obli- gations, according to the scale of depreciation of the State in which such contract was made.
AN ACT to supend the trial of the Titles of Lands for the time therein limited.
Whereas, at the time of the first settlement of the inhabitants of this State, there was a diversity of titles held up to view, and many of the good people of this State have purchased titles which were viewed by them to be good at the time of purchase, and they have settled on the lands under such titles, and made large improvements, which, if the strict rules of law are attended to, others who have neglected the settlement of the said lands will enjoy the fruits of their labors. And whereas, the Le- gislature are determined, as soon as can be consistent with the constitu- tion, to make such regulations as will do equal justice to the settlers and the claimers. Therefore,
Be it enacted, &c. that the trial of all titles of land within this State be, and is hereby suspended until the rising of the Assembly, in October next ; except where two persons or parties claim lands under different charters from the same authority.
AN ACT to set aside and render null and void in law a certain order therein mentioned.
Whereas, William Parker of Shaftsbury, in the county of Bennington, on the ninth day of September, 1779. before the honorable Moses Rob- inson, Esq., one of the assistants, pursuant to the appraisement of John . . Warner, Joseph Safford and Nathaniel Spencer, freeholders, summoned and sworn to appraise a certain damage complained of by said Parker, against the select-men of the town of Shaftsbury, in laying a road or high- way through said Parker's farm, recovered by the order of said assistant and freeholders against said select men, the sum of three hundred and sixty-seven pounds ten shillings, continental currency, and cost. And whereas, by attentive evidence, it appears an allowance for highway, in
489
LAWS PASSED, FEBRUARY, 1784.
the laying out and original survey of said Parker's farm was allowed; which makes it unjust said order or determination of said assistant and freeholders should be of any force or validity in law.
Therefore,
Be it enacted, &c. that the order and determination of Moses Robin- son, Esq., assistant, made on the ninth day of September, 1779, between William Parker and the select-men of the town of Shaftsbury, and the appraisment of the freeholders respecting the premises, as above related, be and hereby is declared to be null and void in law, and incapable of being given in evidence in any court of law or equity within this State, to support any action thereon; any law, usage or custom to the contrary notwithstanding.
And be it further enacted, that the said William Parker shall have liberty to proceed in like manner for recovery of any damages he may have sustained by laying said highway through his farm, as he might have done before the making of the said order; and that all the costs which have arisen in making the aforesaid order and the judgment thereon rendered, and also the costs which have accrued in the county court in an action commenced upon the said order or judgment, shall be be determined by the event of the suit or proceedings to be hereafter liad.
AN ACT to stay an execution, and grant a sum of money for the pur- pose of paying and satisfying the said execution.
Be it enacted, &c. that the execution issued at the suit of Jonas Clark, of Boston, by the supreme court of this State, against Leonard Spaulding and Timothy Underwood, be and hereby is stayed for the term of three months from the time of the passing of this act; and if the said execu- tion be already levied on the goods, chattels, lands, body or bodies, of the said Leonard or Timothy, and be now in the hands of the officers or any other person or persons whatsoever, such officer, person or persons, are hereby required and commanded immediately, on being made ac- quainted with this act, to deliver the same to him or them who were the proper owners, and the body or bodies of hini or them to release.
And be it further enacted, that the treasurer of this State be, and he hereby is directed to pay as soon as may be, for the purpose of paying and satisfying the aforesaid execution, the sum of forty pounds, eleven shillings and four pence. Provided, the aforesaid Spaulding and Underwood (pre- vious to taking benefit of this act) become bound with sufficient sureties to the State's attorney in the county of Windham, to be accountable for the avails of the farm which occasioned the aforesaid suit, and satisfy the sheriff or officer for the cost that was already accrued on said execution.
AN ACT for establishing Post-Offices within this State.
Whereas, the business of promulgating the laws, conveying timely no- tice to the freemen of the State, of all proprietary proceedings, and other
0 2
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490
LAWS PASSED, FEBRUARY, 1784.
matters of importance to the public, can, in no other way, be effected so extensively and attended with so small expense, as by the appointment of regular posts for the purpose of conveying the same to the parts of this State.
Be it enacted, &c. that there be five post-offices established within this State; one in Bennington, one in Rutland, one in Brattleborough, one in Windsor, and one in Newbury, under such regulations as are es- tablished for the government of the post-offices in the United States. That the post rider from Bennington to Brattleborough be allowed three Pence per mile, travel, and those on each of the other routs, two pence per mile : and that the post-masters be directed to keep a regular account of all profits and emoluments arising out of this measure, and exhibit the same to his Excellency the Governor, and the Honorable Council of this State when requested.
And be it further enacted, that, until the further order of this Legis- lature, the post-riders from the several offices shall be entitled to an ex- clusive right of carriage, and enjoy the advantage of the fees arising from the carriage of letters and packets of every kind; and that the rate of postage be the same as in the United States.
And be it further enacted, that no person presume to ride on either of the routs of such established posts,for the purpose of carrying letters, pack- ets or other matters, particularly within the province of such established posts to carry, on penalty of paying the sum of £10 to and for the use of any post-master who shall prosecute the same to effect, for every such of- fence.
And be it further enacted, that his Excellency the Governor and such other persons as the Legislature shall, in future, authorise, shall have au- thority, to frank any letters or packets; for which letters or packets no postage shall be demanded.
AN ACT to enable the Governor and Council to pardon certain per- sons therein described.
Whereas, certain persons in the county of Windham have traiterously taken up arms against, and otherwise opposed, the authority of this State; and it being suggested that many of such persons are penitent and desi- rous of returning to their duty, and that, probably, during the recess of this House, some, or all of them will petition for the pardon of their said offences.
Be it therefore enacted, &c. that his Excellency the Governor and the Honorable the Council be and hereby are invested with the same power and authority possessed by this House, upon application made to them, during the recess of the Legislature, upon such conditions as to them shall appear necessary and just, to pardon any of the inhabitants of Windham county, who have heretofore professed themselves subjects of the State of New-York.
491
LAWS PASSED, FEBRUARY, 1784.
AN ACT to reverse the several Judgments therein mentioned.
Whereas, Joshua Prouty, late of Leominster, deceased, in his life time, obtained a note for money against Richard Prouty, and a note against Elijah Prouty, and a note against John Pike, and died in the year one thousand seven hundred and seventy-eight : and whereas suits on the said 'notes were commenced before John Barrett, Esquire, justice of the the peace within and for the county of Windsor, after the death, and in the name, of the said Joshua Prouty, and judgment was rendered by the said Justice Barrett on the ninth day of August last, in favor of the said Joshua deceased, on the said several suits against the said Richard Prouty, Elijah Prouty and John Pike.
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