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on the outside of the paper wherein the votes are for the chief judge, the name of the town wherein the said votes are taken, and then add there words,–Votes for the chief judge ; and in like manner for the assistant judges, sheriff, judges of probates, justices of the peace, with the name of the town and probate district for which such officer is intended.
6thly. The freemen shall make choice of some meet person to take charge of said votes, who shall be sworn to the faithful discharge of his duty : and the persons so chosen in the county of Bennington, shall meet on the first Tuesday of April next, at the house of Mr. Thomas Butterfield, inn-holder in Arlington ;-in the county of Rutland, at the house of Mr. Solomon Bingham, inn-holder in Tinmouth; in the county of Windham, at the house of Mr. Moses Johnson, inn-holder in Putney ;--in the county of Windsor, at the meeting-house in Windsor ;--in the county of Orange, at Mr. Stephen M'Camel's, in Moretown: and being so met, shall proceed, 1st. To choose a moderator to govern said meeting. 2dly. To choose a clerk, to record the doings of said meeting. Then proceed to sort and count the votes for the chief judge of the county court ; and the person found to be highest in nomination, shall be declared chosen : and in like manner proceed to sort and count the votes for all the above mentioned officers, and make declaration as aforesaid. And whenever it shall so happen, that there is no choice, by reason of a tie, the members of said meeting shall determine the choice: and it shall be the duty of the clerk of said meeting, to make return, as soon as may be, of the names of the officers so chosen, to his Excellency the Governor, that they may be commissioned according to Constitution.
And whereas, in the towns of Redding, Cavendish, Andover, Ryegate, Bethel, Randolph, and Stanford, there is the highest probability of there being the number required for a justice of the peace, in a very short time :
Be it therefore enacted, that there be a justice of the peace chosen for the towns of Redding, Cavendish, Andover, Rye-gate, Bethel, Randolph, and Stanford, in the manner before directed.
AN ACT to settle and establish all Highways that are laid out within
Whereas a great part of the highways within this State have been laid out by the select-men or committees appointed for that purpose, and bills by them have been laid before their respective towns and accepted by them and recorded in the town clerk's office, which bills did not describe the points of compass; and whereas contentions and animosities have and likely will arise in some towns within this State respecting the legality of such surveys : which to prevent,
Be it enacted, &c. that all highways that have been laid out within any of the towns in this State, either by the select-men, or by a committee appointed for that purpose, who have returned a bill setting forth where such highway began, and the general course of such highway by such and such monuments, and through such and sucha lands which are well known by the inhabitants in the town; and accepted by the town, and put upon record in the town clerk's office; which highway hath been cleared out and repaired by the town, and improved as a public highway for the space of six months,--shall be deemed a lawful highway; and whatever person or persons shall fence up, or put any nuisance in such highway without liberty first obtained from the select-men, shall forfeit and pay a fine of fifteen shillings, with all damages occasioned by such nuisance, to be recovered before an assistant or justice of the peace, by bill, plaint or information. Always provided, that the damage be paid to such person or persons through whose land such highways are laid, where no allowance for highways is made; or where such highways are laid through undivided lands, there shall be no damages allowed.
And be it further enacted, that no highway that shall be laid out for the future, shall be lawful, unless surveyed by the compass : and further, that all roads heretofore laid out that are not surveyed by the compass within two years from the passing this act, shall not be deemed lawful.
AN ACT in alteration of an Act, intitled, An Act concerning Delin
Be it enacted, &c. that whenever any person shall be prosecuted on the complaint of any informing officer, for any crime committed against this State, and such complaint shall not be supported, the delinquent shall pay cost of prosecution, unless it shall appear to the court before whom the trial shall be had, that there was not sufficient cause for such prosecution, or that the same was had through mistake; and in such case the cost shall be paid as in said act is provided.
AN ACT for the preventing multiplicity of Law-Suits. Whereas it would prevent a multitude of law-suits, to make one debt, or sum of money due on contract, answer and cancel the like sum due in like manner from the adverse party. Therefore,
Be it enacted, &c. that if any two or more shall be indebted, or shall owe each to the other, any sum or sums of money, by contract, and one of them commence an action against the other, it shall be lawful for such defendant to plead payment of all, or any part of the sum or debt demanded, giving notice in writing with the said plea, of what he will insist upon at the trial, for bis discharge ; and the plaintiff, in his reply, if he make any, may give notice in writing, of any other sum or sums of money, which the defendant owed him at the time when he commenced his action, which was not mentioned in the declaration : and at the trial, either party may give any legal contract, or other matter so given notice of, in evidence. And if it shall appear that the defendant hath fully paid or satisfied the sum or sums due to the plaintiff, the court or jury who try
the issue, shall find for the defendant, and the plaintiff shall pay the cost. But if it appears part only is paid, the plaintiff shall have judgment for what appears unpaid, and the defendant shall pay the cost. But if it appears the plaintiff' is overpaid, then the defendant shall have judgment for the overplus, and the plaintiff shall pay the cost ; execution to issue accordingly; any law, usage, or custom to the contrary notwithstanding,
AN ACT for quieting disputes concerning landed Property. ..
Whereas, it is found that two or more charters have been made, in some instances, to different proprietors, of the same tract of land, by one and the same authority ; and it is in dispute which of said charters ought to hold the fee of said lands.
For the better determining of such disputes, Be it enacted, &c. that the Governor, Council, and House of Representatives, shall sit as a court, to hear and finally to determine all disputes between proprietors holding under different charters, made out by one and the same authority: and the manner of process in such case shall be, that the plaintiff or plaintiffs shall bring his or their writ of right, setting forth the whole matter, against the defendant or defendants, directed to the sheriff of the county, in which said land lies, or his deputy, to be served on the defendant or defendants, at least, sixty days before the sitting of said Assembly. And the manner of service shall be by reading the same in the hearing of one or more of the proprietors who are to be defendants in the case, or leave a true and attested copy at his or their usual place of abode, within the aforesaid time : which writ shall be returned to the clerk of said Assembly, on or before the first day of the sessions ; and the said proprietor or proprietors on whom such writ shall be served as aforesaid, shall immediately call a meeting of the proprietors of the charter under which he or they hold ; and he or they are hereby empowered to call a meeting, as aforesaid, that they may be in preparation to make their defence. And the plaintiff or plaintifts shall pay for the entry and trial of said action twenty shillings, and cost shall follow the final determination of the suit.
LAWS PASSED AT WINDSOR,
APRIL SESSION, 1781.
AN ACT for the purpose of emitting a sum of Money, and directing
the redemption of the same. Whereas, it is found necessary, for the purpose of carrying on the war, and the payment of the public debts of this state, as well as for enlarg
ing the quantity of circulating medium, to emit a sum adequate to the several necessary purposes, in bills on the credit of this State.
Therefore, Be it enacted, &c. that there be forthwith printed, under the inspection of Matthew Lyon, Edward Harris, and Ezra Styles, Esquires, a committee for that purpose, bills to the amount of twenty-five thousand, one hundred and fifty-five pounds lawful money, for the payment of this State's debts, and other public purposes; which bills shall be an equal number of three pounds, forty shillings, twenty shillings, ten shillings, five shillings, two shillings and six-penny, one shilling and three-penny, and one shilling bills : which committee shall be sworn to the faithful discharge of their office, and are impowered to make a device and form for said bills.
And be it further enacted, that said bills, when so printed, shall be, by the aforesaid committee, delivered to the Honorable John Fasset, Eba enezer Walbridge, and Thomas Porter, Esquires, a committee for signing and numbering said bills : which last said committee shall be sworn to the faithful discharge of their duty, and shall receipt said bills to the aforesaid committee, and shall sign and number said bills, and deliver them to the treasurer, taking his receipt for the aforesaid sum in bills, of twenty-five thousand, one hundred and fifty-five pounds : which bills shall be a lawful tendry for payment on all contracts, executions, &c. as lawful money, according to the face of the bill. And said bills shall be paid up and redeemed by the treasurer of this State, by the first day of June, 1782, in silver, at the rate of six shillings for one Spanish milled dollar, or gold equivalent.
And for the redemption of a part of said bills, it is hereby enacted, that there be, and there is hereby granted a tax of one shilling and threepence, lawful money, on the pound, on the list of the polls and rateable estates of the inhabitants of this State, to be taken in June next : which tax the first constable of each respective town is hereby impowered to collect, (on receiving a warrant from the treasurer therefor, and the ratebill from the select-men of such town; which select-men are hereby directed to deliver to such constable, as soon as the list is by law to be complete,) by the first day of November next; and shall be accountable to the treasurer of this State for such tax : which constable shall be allowed the same fees for collecting such tax as is by law allowed for levying and serving executions, in case he have to levy on the goods and chattels of any person for payment of his tax, which he is impowered to do, in case any person neglect paying their tax within twenty days after a proper warning; and shall be allowed one pound out of each eighty pounds he collects and pays to the treasurer:- which tax shall be paid in silver or gold, or in the aforesaid bills.
And whereas the land is the great object of the present war, and receives the most solid protection of any estate; a very large part of which has hitherto paid no part of the great cost arisen in defending it, whilst the blood and treasure of the inhabitants of the State has been spent to protect it, who, many of them, owned but a very small part thereof :
Wherefore, for the redemption of the remaining part of said bills, and the lodging a sum of money in the treasury,
Be it enacted, that there be, and there is hereby granted and laid, a tax of ten shillings on each hundred acres of land within this State, which will now adinit of settlement on account of the war, except public rights, and the college lands; which tax shall be paid into the treasury of this State, in silver, at the rate of six shillings per Spanish milled dollar, or gold equivalent, or in said bills.
And the publication of this part of this act in the Vermont Gazette, the New Hampshire Gazette, one of the Boston news-papers, the Connecticut Courant, and the Massachusetts Spy, three weeks successively, as soon as may be, and the treasurer calling on the land-holders to pay their tax, agreeable to this act, in the said news-papers, once in the month of November next, and once in the month of December next, shall be sufficient notification to all persons concerned.
[liere follow sundry provisions, regulating the collection of the land tax, which we have thought proper to omit. The act closes with the following clause.]
Be it further enacted, that whosoever shall be guilty of altering or counterfeiting any of said bills, or shall be any ways concerned therein, by making instruments for that purpose, or be any ways aiding or assisting therein, and be thereof convicted, shall suffer death; any law, usage, or custom to the contrary notwithstanding.
AN ACT to impower the courts in this State to take cognizance of, and
try, the Title of Land in dispute, between George Duncan and William Utley.
Whereas, George Duncan, of Londonderry in the county of Rockingham, and State of New-Hampshire, in February last, did prefer a petition to this House, setting forth that he had purchased of William Utley, late of Walpole, in the county of Cheshire, a certain tract of land lying in, or near the town of Bromley, known by the name of the Utley Farm ; and that the said Utley did unjustly hold him out of the possession thereof; and praying this House to grant him relief in the premises. And whereas the committee appointed by this House, to examine into the circumstances of the said dispute, have reported as their opinion that this House pass an act authorising the courts of law to try the title of the said tract of land in dispute. Therefore,
Be it enacted, &c. that the said George Duncan be, and hereby is authorised to commence his suit for the trial of the title of the said tract of land, known by the name of the Utley Farm, as described in the said Duncan's petition, and the said report of the aforesaid committee thereon : and that the county and superior courts be and they hereby are impowered to take cognizance of, try and determine the dispute between the said George