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whom the examination be had, that he or they were not conveying any of the afore mentioned articles out of this State, said articles shall be for feit, or such person or persons fined not exceeding forty pounds, at the discretion of the court before whom the trial shall be had; the one half of the forfeiture or fine to the use of this State, the other half to the person prosecuting to effect.
Be it further enacted, that if any person or persons shall transport any of the above prohibited articles out of this State, and be thereof convicted before any court proper to try the same, he or they shall forteit and pay unto the treasurer of this State the value of said articles so transported, to be recovered by bill, plaint, or information. This act to continue in force until the fifteenth day of August next, and no longer.*
AN ACT regulating the choice of Field and Staff Officers. Be it enacted, &c. that whenever by death, resignation, disqualification or otherwise, any regiment or regiments shall be destitute of any field or staff oflicer, or officers, that it shall be the duty of the captaingeneral, or in his absence, of the major-general, or, in their absence, of the brigadier-general, to issue his orders to the several captains or officers commanding the several companies of such regiment to meet at such time and place as the captain general, or in his absence, the major-general, or in their absence, the brigadier-general as aforesaid, shall, in such orders direct ; and that the several companies of any such regiment being convened, according to the directions aforesaid shall proceed, by vote, to the choice of some suitable person or persons to supply such vacancy or vacancies; which being done, the commanding officer of such regi. ment shall return the name or names of such person or persons to the Governor, in order to his or their being commissioned.
AN ACT to revive the Laws passed by the Legislature of this State.
Be it enacted, &c. that each and every act and law of this State, (except those repealed by special act of Assembly) be and remain in full force and virtue until the rising of the Assembly in October next.
AN ACT repealing a certain paragraph of an Act entitled “ An Act
making the laws of this State temporary. Whereas, there is a certain paragraph in said act enacted, “that no court, or justice,shall take cognizance of any matter or thing, in which the
* This law was reenacted in October, 1980, and continued in force ontil the close of Tebruary session, 1781.
title of land is concerned, or in any action of contract, where the parties appear to have made a bargain or contract, by note, bond, debts, or agreement in writing, or otherwise, any act or law to the contrary notwithstanding."
Be enacted, &c. that the above recited paragraph be and remain in full force till the first day of June next, and no longer.
LAWS PASSED AT BENNINGTON,
OCTOBER SESSION, 1780.
AN ACT directing what money and bills of credit shall be a legal cur
rency in this State.
Whereas, no particular money, or bills of credit, as yet have, by any law of this State, been made legal currency therein. And whereas, not only for determining what money and public bills of credit shall be legal currency, but also to decide, as near as may be, at what rate they severally shall pass :
Be it enacted, &c. that all genuine coined gold, silver, and copper, shall be legal money in this State, viz :-gold, at the rate of five pounds per ounce; silver, at six shillings and eight pence per ounce; and coined coppers, at two pence per ounce. And that the bills of credit emitted by the United States of America, before the eighteenth day of last March, be a legal tender as money, according to their current value ; having regard as well to their current value at the time of making all contracts, as at the time of rendering judgments: to which all courts in this State, in their respective jurisdictions, are to conform themselves.
Provided, no regard be had to the value of said bills, at the time of making any contract which was or shall be for gold, silver, or money equal thereto;, or for money to be made good as before the war; or for money to be paid in any particular thing or things, at a certain price; any thing in this act to the contrary notwithstanding.
AN ACT for regulating Fees. Whereas the fees heretofore granted to officers of government, and others, have been stated in Continental currency, which is so far depreciated, that it does not answer the purpose intended : and it is also found that the fees, in some instances, as formerly stated, were not adequate to the service :-Therefore,
Be it enacted, &c. that the establishment of the fees belonging to the several officers of this State, be as follows, viz :
£ s. d. For attending the General Assembly and Council,
when convened, per day,
0 0 4
0 0 4
0 0 4
1 4 0 And there shall be paid into the clerk of the superior
court's hands, for the benefit of the treasury of this
State, for each action tried in the superior court, 018 0
Clerk of Superior Court's Fees.
0 1 Entering judgment acknowledged,
0 0 9
0 0 4
- 070 Travel per mile, out,
0 0 4 To the jury for each action,
- 0 18 0 And there shall be paid into the clerk of the county
court's hands, for the benefit of the treasury of the
county, for each action tried in county court, 010 0 For each default or confession,
- 0 4 0
Clerk of County Court's Fees.
0 0 $ Entering each judgment,
0 1 0 For attachments, summons, and executions, and oth
er things proper to him, as in the assistant's and justice's fees.
Assistants and Justices Fees. Attachments or summons for action,
0 When bond is given,
0 Summons for witnesses,
0 Entry and tryal of each action,
0 If by a jury, -
0 Every execution, - - - - - 0 Every warrant for criminals,
0 Bond for appeal,
0 Copy of evidence,
0 Copy of judgment,
- - - 0 Every recognizance, - - - - 0 Judgment on confossion or default . - 0 Affidavits taken out of court,
- 0 Taking the acknowledgment of a deed, mortgage, &c.
0 Each complaint,
- 0 Court of Probate's Fees. For granting administration, to the judge, - 0 For receiving, and probate of every will and inven. tory, of fifty pounds, or under, - - 0
To the clerk, - - - - - 0 Receiving, and probate of every will and inventory, above lifty pounds,
0 To the clerk, - - - - - 0 Each quietus, or acquittance,
- 0 To the clerk, . . . . . . 0 Recording every will and inventory, of fifty pounds
or under, - - - - - - 0 Also, three pence per hundred for every hundred
pounds after the said fifty pounds; and half so much for a copy of the same. Each bond for administration, - - - 0 Each letter of administration, - - - 0 Each citation, - -
- 0 For making out a commission, receiving and exam.
ining the claims of creditors to insolvent estates,
and registering the same, - - - 0 Registering the commissioners report, for each page
of twenty-eight lines, and ten words to each line, 0 For entering an order upon the administrator, to pay
out the estate in proportion to the several credi.
tors, returned by the commissioners, - 0 Allowing of accounts, settling and dividing of intestate estates, - -
0 Appointing guardians, and taking bond, - 0
ment in the State records, each, - - 0 Affixing the State seal, each time,
0 For each military commission, - - . 0 Each commission for the justices of each county 0 Commission for judges of the superior court - 0 For each commission for judges of county and pro
bate courts, - Each petition or memorial to the General Assembly, 0
Fees to the General Assembly. For each petition or memorial betwen party and party, - - - - • - • 1
Toron Clerk's Fees. For recording a deed,
0 For the copy of a deed,
0 For a survey bill,
0 For recording a marriage, birth, or death, 0 For recording each mark, - -
Attorney's Fees. In taxing bills of cost, the parties that recover, for attorney's fees, at county courts, • .
0 In the superior court,
0 Post Wages. . For man, horse, and expense, each mile out, . 0
Sheriff's and Constable's Fees. Serving every summons, - - - - 0 If by copy, - - - - - - 0 Serving every attachment,
0 Bail bond, .
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 at a justice's court, when obliged to at.
tend, for each action tried, - - - 0 Each mile travel out, to be computed from the court, 0 Sheriffs attending the General Assembly, superior or
county courts, per day, - - - - 0 · Constable for like service, per day,
0 Fees for plaintiff or defendant attending any court,
per day, - - - - - - 0 Witness, for attending any court, per day, - 0 Travel for plaintiff, defendant, or evidence in any court, per mile,