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 57
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65
And whereas, the said Richard Prouty is the legal administrator to the said Joshua Prouty, and is greatly hindered from administer- ing the estate of the said Joshua, by means of the rendering the said judgments.
Be it therefore enacted, &c. that the said several judgments, so ren- dered as aforesaid, are hereby reversed and declared null and void.
LAWS PASSED AT RUTLAND, OCTOBER SESSION, 1784.
AN ACT appointing Commissioners to make reprisal in a case therein mentioned.
Whereas, Micah Townsend, of Brattleborough, in Windham county, Esquire, has represented and proved to the satisfaction of this House, that he has been arrested in the State of New-York, by Seth Smith, of said State, in an action of trespass, wherein the said Seth states his dam- ages at one thousand pounds-that the said Micah was obliged to give bail in the said suit, in the sum of two thousand pounds, for his appear- ance at court-and that the said suit was commenced and prosecuted a- gainst the aforesaid Micah, solely for his acting in the line of his duty, as an officer and subject of this State : and whereas, this Legislature view themselves bound, by every tie of honour and justice, to protect and in- demnify the subjects and officers of the State while acting agreeable to their duty :
Be it therefore enacted, &c. that Briant Brown, Stephen Jacob, and Benjamin Wait, Esquires, of Windsor, in the county of Windsor, be, and hereby are, appointed commissioners to make seizure of so much of the lands owned by any one or more of the subjects of the State of New- York, lying within this State, as will raise the sum of one thousand five hundred pounds, lawful money, in specie, when sold at public vendue.
That it is hereby declared to be the duty of said commissioners, or a
499
LAWS PASSED, OCTOBER, 1784.
majority of them, to make such seizure or seizures, as soon as may be after the passing of this act, and to cause to be recorded a certificate or certificates thereof, together with a copy of this act, in the office or offices directed by law for recording deeds ; and to give notice of such seizures 10 all persons concerned, by publishing the same in one or more of the newspapers, printed in the State of New- York, if the presses of that State are open to the said advertisement : which seizure or seizures, (if no deed from the person or persons whom the commissioners shall suppose to own such land, shall have been entered on record in the office where, by law, such deed is to be recorded, previous to such seizure) shall operate in such manner as to prevent any alienation or record of the sale of such lands, thereafter to be made, by the owner, or in any proper office, at such owner's request, while the said land shall continue under the in- cumbrance of such seizure.
And be it further enacted, that, as soon as the court before whom such suit is or shall be depending in the State of New-York, between the said Seth Smith, and Micah Townsend, shall have rendered judgment, the com- missioners before named, or a majority of them, or the survivors or survivor of them, are hereby expressly required, after giving at least fourteen days public notice in all the newspapers of this State, to sell at vendue, for specie, to the highest bidder, (without any credit to be given the pur- chaser or purchasers) so much of the land by them seized, as will satisfy the said judgment, if the same shall be rendered against the said Micah in the aforesaid suit ; and also, such bill as any one of the judges of the supreme court of this State shall allow to the said Micah, for the expenses, disbursements, charges, trouble and time, of the said Micah, in defending the said suit, and for the costs and charges of the commissioners in carry- ing this act into execution ; and also, such further sum as the said judge shall allow to the said Micah, as a recompence for being unjustly sued, and for the risque he ran of being confined in goal at so great a distance from his family : and the same shall pay to the said Micah, his executors, administrators, or assigns, upon demand : and a deed from the said com- missioners, or a majority of them, or the survivors or survivor of them, shall be equally good in law to the purchaser, his heirs and assigns, as a deed from the proper owner or owners of such land would be if the same was not under the incumbrances of such seizure.
And be it further enacted, that if it shall happen that the said Seth shall discontinue his said suit, or become non-suit therein, or that a judg- ment shall be rendered for the said Micah, against the said Seth, upon the trial of the same cause, that then the said commissioners shall only sell for, and pay to the said Micah, such bill for expenses, trouble, time and recompence, to be allowed as aforesaid, and for the costs of the commis- sioners, (deducting such costs as shall be recovered by the said Micah against the said Seth.)
-
493
LAWS PASSED, OCTOBER, 1784.
AN ACT to establish a Society, by the name of The First Medical So- ciety in Vermont.
Whereas, it is matter of the greatest importance to the inhabitants of this State, that the professors of the medical art should receive all proper encouragement, to excite them to improve and to acquire a thorough ac- quaintance with a science, so interesting to those who may be in distress through indisposition of body and limbs : and whereas, it appears by a petition, signed Jonas Fay and Lewis Beebe, in belralf of themselves and a number of gentlemen physicians and surgeons, in the counties of Ben- nington and Rutland, and parts adjacent, to wit, Nathaniel Dickinson, Seth Alden, Samuel Huntington, Elisha Baker, Lemuel Chipman, Will- iam Johnston, William Gould, Aaron Hastings, Zina Hitchcock, Silas Holbrook, William Woolcott, Ezra Baker, Ebenezer 'Tolman, Ezekiel Porter, aud Jacob Roeback, did, on the 19th day of August, 1784, form themselves into a medical association, and formed a constitution for the government thereof ; and by their petition, dated the 10th day of Sep- tember following, prayed the Legislature of this State to patronize and establish the same : Therefore,
Be it enacted, &c. that the following physicians and surgeons, in the counties of Bennington and Rutland, and parts adjacent, to wit,-Jonas Fay, Lewis Beebe, Nathaniel Dickinson, Seth Alden, Samuel Hunting- ton, Elisha Baker, Lemuel Chipman, William Jolinstou, William Gould, Aaron Hastings, Zina Hitchcock, Silas Holbrook, William Woolcott, Ez- ra Baker, Ebenezer Tolman, Ezekiel Porter, and Jacob Roeback, be, and they are hereby incorporated and constituted a body corporate and politic in law, by the name of The First Medical Society in Vermont,- capable of suing and defending, by their agent or attorney, in any court of law or equity, for the recovery and defence of their common rights and interests ; and they shall be capable of taking, by gift, grant, or de- vise, for the purpose of procuring and maintaining a library, and such in- struments and apparatus as shall by said Society be thought best, for mak- ing experiments in their art, and for any other purposes that shall be found conducive to the encouragement and improvement of the healing art.
And be it further enacted, that the said society be, and is hereby vested with full power to elect annually (by ballot) a president, secretary, and two or more censors ; and the said Society is hereby further author- ised and empowered, to call any of its members to account for any dis- honourable conduct, relative to the medical profession, and punish the same, (if necessary) by suspension, admonition, or expulsion ; and to make laws, rules, and regulations, for the governing the said Society, and its several members.
And be it further enacted, that said Society be, and is hereby vested with power to judge and determine with regard to the qualifications of such person or persons as shall offer themselves for examination : and any person or persons, who shall hereafter be admitted as members of . said society, shall be entitled to all and singular the benefits and privileges that those enjoy whose names are mentioned in this act.
1
494
LAWS PASSED, OCTOBER, 1784.
And be it further enacted, that said Society be authorised and em- powered to appoint and determine the times and places of their stated or adjourned meetings, as to them shall appear necessary, for the purposes mentioned in this act.
AN ACT to suspend trying the Title of Lands.
Be it enacted, &c. that the several courts of law in this State, be, and hereby are prohibited trying the title of land within this State, until the rising of the General Assembly in June next ; except in such cases where the parties mutually agree otherwise : and that no writs of seisin be issu- ed, or renewed, by the clerks of the several courts, until the time afore- said : and that such writs as are already issued, be stayed for the said time.
AN ACT to suspend prosecutions against Joseph Farnsworthi, Esquire, -
Be it enacted, &c. that no action shall be commenced, prosecuted, or proceeded in, against Joseph Farnsworth, Esquire, commissary-general of purchases, for contracts made by him in his public capacity, as com- missary, until the rising of the Legislature in October next.
AN ACT pardoning -- , Esq. of Marlborough, in the county of Windhanı, and restoring to him all his estate, real and personal.
Whereas, - - , Esq. of Marlborough, in the county of Wind- ham, has preferred his petition to this Assembly, setting forth that, by sentence of the supreme court, holen at Westminster, within and for the county of Windham aforesaid, on the second Tuesday of February, An- no Domini, one thousand seven hundred and eighty-four, he was attainted of treason against this State; by reason of which sentence, all the estate, real and personal, of the said - , Esq. was confiscated to, and seized for the use of, this State ; and praying pardon and a resititution of his said estate : and whereas, many matters appear which recommend the said - -- , Esq. to the mercy of this Legislature, and this Le- gislature ever willing to extend mercy where the ends of government may be as well answered thereby : therefore,
Be it enacted, &c. that there be, and hereby is, granted to the said -, Esq. a full and free pardon of said attainder, and all and sin- gular the consequences thereof; and that all the estate of the said -
Esq. both real and personal, confiscated by said sentence and at- tainder, be, and the same is hereby restored to the said ---- , Esq., except so much of said estate as hath already been sold and disposed to the use of this State.
And be it further enacted, that the said - - , Esq. shall not be
495
LAWS PASSED, OCTOBER, 1784.
entitled to any of the benefits and privileges, or immunities, granted by this act, until he shall have paid to the treasury of this State, the sum of thirty-five pounds, lawful money, to indemnify this State for costs that have accrued in prosecuting the said -, Esq.
Be it further enacted, that the treasurer be, and is hereby directed to receive an obligation from the said Esq. for the said thirty- Give pounds, to be paid in hard money, within six months, with interest ; and also, to receive from the said - a certain note given by Oliver Waters and others, to Elisha Porter, Esquire, sheriff of the county of Hampshire, for about fifteen pounds, and also a note given by said Wa- ters and others, to Charles Phelps, of Hadley, for about six pounds, law- ful money, and indorse the same on the said thirty-five pound note; and when the said two notes are received by the treasurer, and indorsed as aforesaid, then the said --- , Esq. shall be fully and amply intitled to all the benefits proposed or provided in this act, and have right to re- seive, hold, and enjoy, all his estate, both real and personal, as is intend- ed by this act.
AN ACT granting to the several persons therein named, a free pardon for the several crimes herein described.
Be it enacted, &c. that a free pardon be, and is hereby, granted to the persons herein named, for all crimes heretofore committed in opposing the authority of this State, to wit :-
[Here follow the names of twenty-six persons, viz : seven from Brat- ileborough, eighteen from Guilford, and one from Marlborough. We have thought proper to omit these names, for the reason stated in the note, page 355.]
And be it further enacted, that all the property, real and personal, of each and every person, before named, which hath been adjudged for- feit to this State, or hath been seized or taken by the authority of the same, and not disposed of, be returned to the before named persons.
Provied always, that neither of the aforementioned persons shall be intitled to any of the benefits of this act, who shall not appear before some justice of the peace, in the county of Windham, within two months from the publication hereof, and take an oath of allegiance to this State, and procure a certificate thereof.
AN ACT entitled an Act to regulate the satisfying executions on cer- tain judgments therein named.
Whereas, it lias been represented to this Legislature, that actions for debt have been commenced on judgments of court within this State, after
.
496
LAWS PASSED, OCTOBER, 1784.
they have laid one year and a day, with a view to evade the statute law of this State, making neat cattle, &c. a tender on executions granted on judgments of debts, bonds, notes, &c. of a certain date therein named :
Which evil to prevent,
Be it enacted, &c. that whenever an action of debt is brought on a judgment obtained before any court within this State, the execution of which would have been legally satisfied by neat cattle, &c. agreeable to the above mentioned statute, the plaintiff shall recover no more in said second action than the original judgment. And the cost arising on said second action, shall be paid by the plaintiff, and the execution thereon, satisfied in the same manner as the judgment on the said first action.
Provided always, that no person shall receive any benefit by this act, unless he can prove to the court where the action on such judgment is brought, that he ever has been and still is ready to satisfy said judgment as the law directs.
AN ACT for the purpose of opening a free trade to and through the province of Quebec.
Whereas, many advantages will arise to the citizens of this State, by extending commerce to the province of Quebec, and through that chan- nel to Europe : Therefore,
Be it enacted, &c. that the Governor and Council be, and they are hereby authorised and empowered, to appoint one or more persons, not exceeding three, to repair to the province of Quebec, with full power to confer with any person, or persons, that may be authorised therefor, by any power with whom it shall be necessary to agree, concerning matters of trade and commerce ; and to transact with such person, or persons, all such matters and business as shall be necessary to complete, on the part of this State, the opening a free trade into, and through, said prov- ince of Quebec.
AN ACT to continue in force the Laws passed by the Legislature of this State.
Be it enacted, &c. that the several acts passed by the Legislature of this State, (except such as have expired by their own limitation, or have been repealed,) shall continue in force until the rising of the General Assembly at their next stated session in October.
1
497
LAWS PASSED, JUNE, 1785.
LAWS PASSED AT NORWICH, JUNE SESSION, 1785.
AN ACT granting twenty-three thousand acres of Land to the Trustees of Dartmouth College, and the President of Moor's Charity School, to and for the use of the said College and School, for ever.
The Legislature having a high sense of the importance of the institu- tion of Dartmouth College, and Moor's Charity School, to mankind at large, and to this commonwealth in particular; its situation and con- nexions being most favourable to diffuse useful knowledge through the same.
Be it therefore enacted, &c. that there be, and hereby is granted to the Trustees of Dartmouth College, and the President of Moor's Charity School, and to their successors, twenty-three thousand acres of land within this State, to be ascertained and chartered upon the conditions hereafter provided in this act; to be to and for the use of said College and School, for ever.
And be it further enacted, that the surveyor-general for the time be- ing, be and hereby is directed (as soon as the survey of the State is com- pleated, there being a sufficiency of ungranted lands remaining) to survey in one tract the twenty-three thousand acres, if that quantity of ungrant- ed land, proper for cultivation, can be found in one parcel ; or otherwise survey the like quantity in different parcels, under the direction, and to the approbation, of the President of the said institution.
And be it further enacted, that the Governor and Council of this State for the time being, be and hereby are requested to issue a charter of incorporation for the same, when so surveyed, to the Trustees of Dart- mouth College, and the President of Moor's Charity School, and to their successors, to be to and for the use and benefit of the said College and School, forever .*
AN ACT to enable Thomas Chandler of Chester, in the county of Windsor, Esq. who now stands committed a prisoner in the common goal at Westminster, in the county of Windham, to deliver up all his estate, real and personal, to his creditors, bona fide, and to discharge the said Thomas from his imprisonment.
Be it enacted, &c. that it shall be lawful for Thomas Chandler, of Chester, in the county of Windsor, E'sq. who now stands committed a prisoner in the common goal in Westminster, in the county of Windham,
* In pursuance of this act, a charter was issued by the Governor, dated the 14th of June, 1785, for a tract of land six miles square, by the name of Wheelock,
P 3
.
498
LAWS PASSED, JUNE, 1785.
to exhibit a petition to the Honourable Benjamin Burt, Esq., one of the judges of the county court for the county of Windham, certifying the cause of his imprisonment, and an account of his estate, with the dates of the securities wherein any part of it consists, and the deeds or notes re- lating thereto, and the names of the witnesses ; and upon such petition, the judge, by order, is to cause the prisoner to be brought before him, and the creditors at whose suit he stands charged or some of them, or the at- . torney or agent employed in such cause, to be summoned at least twelve days before the day of such appearance ; which summons shall have an- nexed there to, in a schedule, a copy of the account of his estate which he intends to deliver in to the judge, and upon the day of such appearance, one affidavit of the service of such summons, with the schedule thereto an- nexed, the judge shall, in a summary way, examine the matter of the pe- tition, and shall tender to the prisoner an oath, to the effect following, viz :
" You - do solemnly swear, in the presence of Almighty God, that the account by you delivered into this honourable court, in your petition to this court, doth contain a true und full account of all your real and personal estate, debts, credits, and effects, whatsoever, which you, or any in trust for you, have, or, at the time of your petition, had, or were in any respect intitled to, in possession, remainder or rever- sion, except the wearing apparel and bedding for you or your family, or the tools or instruments of your trade or calling, not exceeding ten pounde in value in the whole ; and that you have not, at any time, since your imprisonment, or before, directly or indirectly, sold, leased, as- signed, or otherwise disposed of, or made over, in trust for yourself, or otherwise, other than as mentioned in such account, any part of any lands, estate, goods, stock, money, debts or other real or personal estate, whereby to have or expect any benefit or profit to yourself or to defraud any of your creditors to whom you are indebted. So help you God."
If the prisoner take the oath, and the judge be satisfied with the truth thereof, the judge may order the effects contained in such account or so much as may be sufficient to satisfy the debts and the fees due to the keeper of the prison, to be, by a short endorsement on the back of the petition, signed by the prisoner, assigned to the creditors, or one or more of them, in trust for the rest ; and by such assignment, the estate and pro- perty of the lands, goods, debts and effects, so assigned, shall be vested, and the prisoner shall be discharged out of custody, by order of the judge; and the persons to whom the effects shall be assigned, paying the fees to the goaler, shall divide the effects, in proportion to their debts.
And be it further enacted, that, in case the prisoner refuses to take the oath, or shall be detected of falsity therein, he shall, by the judge, be remanded to prison.
And be it further enacted, that the person of the debtor, so discharged, shall never after be arrested for the same debt; but the judgment shall remain in full force, and execution may be taken out against his lands and goods, only his wearing apparel, bedding for himself and family and
499
LAWS PASSED, JUNE, 1785.
necessary tools for his trade, excepted : and if the said Thomas, after taking such oath, shall, upon indictment for perjury, be convicted, he shall suffer all the pains of wilful perjury, and shall be liable to be taken on any procress, de novo, and shall never after have the benefit of this · 2ct.
AN ACT to secure Daniel Marsh, in the possession of a certain farm, until he shall have opportunity of recovering his betterments ; and nullifying several judgments rendered against him.
Whereas, it appears that Silas Whitney, of Clarendon, at the Novem- ber term of the county court for the county of Rutland, holden at Tin- mouth, in said county, Anno Domini, one thousand seven hundred and eighty-two, recovered a certain judgment, in an action of trespass and ejecument, against Daniel Marsh, of Clarendon, and that, in consequence of said judgment, a writ of seisin has issued against the said Daniel, and he has been turned out of possession, withont any allowance for his better- ments, and sundry actions of forcible entry and detainer and of trespass have been prosecuted against him, to his great cost. Therefore,
Be it enacted, &c. that the said Danie! Marsh have, and he hereby hath, liberty to file his declaration, in an action of the case, m the county court for the county of Rutland, at the next stated session of said court, against the said Silas Whitney, of Clarendon, for the recovery of his betterments, done on the farin of which he the said Daniel has been ousted, in consequence of said judgment, recovered against him in favor of the said Whitney, in an action of trespass and ejectment, before the county court for said county of Rutland, at their November term, at 'Tin- mouth, Anno Domini, one thousand seven hundred and eighty-two ; and that the said Daniel be permitted peaceably, and quietly to enjoy the pos- session of the premises of which he has been ousted, by reason of said judgment in trespass and ejectment, rendered as aforesaid, until final judgment shall have been rendered in said action of the case, for better- ments as aforesaid.
And be it further enacted, that this act may be pleaded in any court in this State, in bar, and shall be a bar of any action of forcible entry and detainer, trespass or possessory action, of any name or nature whatso- ever, brought, or to be brought, by the. said Whitney against the said Marsh, relative to the premises disputed in said action of trespass and ejectment, until final judgment shall be rendered in said action of the case for betterments as aforesaid ; and all judgment or judgments, subse- quent to said judgment in trespass and ejectment, which have been ren- dered against the said Marsh, in favour of the said Whitney, in action of trespass, forcible entry and detainer, or in any wise whatsoever, relative to the premises in dispute or disputed in said action of trespass and eject- ment, are hereby nullified and made void ; and all suits now pending and undetermined relative to the same, and all executions already issued for costs relative to the same, shall be, and are hereby suspended.
500
LAWS PASSED, JUNE, 1785.
AN ACT confirming Andrew Graham, of Putney, in the county of Windham, in the quiet and peaceable possession of the farm on which he now lives in said l'utney, and rendering all judgments respecting the possession of the same, heretofore had and rendered by any court of law whatsoever, null and void ..
Be it enacted, &c. that Andrew Graham, of Putney, in the county of Windham, be, and hereby is confirmed in the quiet and peaceable posses- sion of the farm or lot of land, in said Putney, on which the said Andrew Graham now lives, being the same farm or lot of land on which the said Andrew formerly lived and improved, and lately occupied by Benjamin Witson, late of said Putney ; and that all judgments heretofore had and rendered by any court of law, in any real or possessory action, in any wise respecting said farm or lot of land, be, and are hereby declared to be null and void ; and that all processes, writs of execution, writs of seisin, writs of possession, or other proceedings, of what name or nature soever, in law, be, and are hereby suspended, and to be no further prose- cuted.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.