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the person who shall prosecute to effect. That if any select-man, of other person appointed by the Governor and Council, shall collect, store up, or deliver to the commissary-general, or his order, any provision, except such as is of a good quality, and well packed and saved, or of any other than the quality required in this act, and be thereof convicted, he shall pay treble the value of the article he should have procured, to be disposed of as aforesaid ; unless it appears that it was not through his neg. lect, or for want of properly attending to his duty.
And be it further enacted, that in such towns where there are no constables appointed, it shall be in the power of the select-men, or other person or persons appointed by the Governor and Council, to appoint a constable for every such town, who shall have equal powers in collecting said articles with other constables appointed in the usual manner.
And be it further enacted, that if the commissary, or his deputy, be impeded or resisted in collecting the articles aforesaid, he shall apply to the sheriff of the county, for such aid and assistance as shall be necessary for the due execution of his office, in collecting as aforesaid; and that such person or persons, so resisting, shall be liable to pay the cost and expense of such assistants.
And be it further enacted, that this act be forthwith printed, and copies thereof sent to the respective towns in this State, together with the damages of such towns as neglected returning in their lists to the General Assembly, according to law.
Proposals of amendment of the preceding act, made by the Governor ard Council, and agreed to by the Assembly, viz:
That the same select-men and constable be impowered to continue until the provision herein ordered, be collected : any new choice notwithstanding.
That the casks in which any such provision is by this act intended to be packed, be branded by the same branding-iron, that such town is directed to brand their horses with; that in case of bad provision, it may be known in future, from which towns respectively, such provision was procured and delivered.
AN ACT to enable persons who have entered and made improvement
on Lands, under colour of title, who shall be driven out of the possession by a legal trial at law, to recover the value of what the estate is made better by such improvements, from the rightsul owner of the Land.
Whereas, many persons have purchased supposed titles to lands within this State, and have taken possession of such lands under such supposed titles, and made large improvements on the same ; and who, having no legal title to such lands, must, if the strict rules of law be attended to, be turned off from their possessions, made at great labor and expense, and others who have wholly neglected the settlement of the country, will enjoy the benefits of their labor. Therefore,
Be it enacted, &c. that when any person or persons, in the actual pos. session and improvement of lands, to which he, she or they so in posses sion, have purchased a title, supposing at the time of purchase, such title to be good in fee, shall be prosecuted before any court by action of ejectment, or writ of right, to final judgment, and judgment shall be finally given against such possessor or possessors, or person or persons in possession as aforesaid ; such possessor or possessors as aforesaid, against whom judgment shall be finally given as aforesaid, shall have right in action, to recover of the person or persons in whom the legal right shall be found by such judgment, so much money as shall be judged equitable, on the whole view of the matter, in consideration of the possessor having settled thereon. And the manner of process shall be, that the recoveree or recoverees in such action as aforesaid, shall, within twenty-four hours after judgment, file a declaration, in an action of the case, against the r'ecoveror or recoverors, for so much as the estate is made better as aforesaid, in the clerk's office of said court where such judgment was obtained; which shall be deemed sufficient notice to the adverse party to appear and defend in such action on the case, at the next stated or adjourned sessions of said court : and the court, on motion made, shall order the writ of seizin to be stayed until the last action aforesaid be determined : and the lands, recovered by said judgment, shall be holden to respond the judgment, if any there be, in favor of the possessor or possessors, as fully as though the same had been attached by mesne process. And if, on trial, it shall be found necessary that a view be had of the premises, by the jury, to ascertain how much the estate is made better as aforesaid, the court, on motion made by either party, may grant such view ; and all reasonable charges arising by such view, shall be paid by him or them who moves for a view.
Provided always, that this act shall not extend to any thing future, or to any person or persons who shall take possession of lands, to which they have no legal title, from the time of passing this act : and that no person who bath ousted the rightful owner, or got possession of any im. proved estate by ouster, shall take any advantage or benefit by virtue of this act.
Be it further enacted, that if the plaintiff, in the action of the case aforesaid, shall recover judgment in said action, no execution shall be granted in such case, until the expiration of six morths after said judgment is recovered : and the writ of seizin shall be further stayed, until the expiration of the said six months, unless the defendant, in said action of the case, shall satisfy such judgment, either to the plaintiff recovering such judgment, or by paying the full sum of damages and costs so recove ered, into the hapds of the clerk of said court, for the plaintiff's use; in which case the clerk shall give a receipt for the sum so paid, and indorse such judgment satisfied; and a writ of seizin shall immediately issue.
AN ACT for repealing the several Laws now in force, prohibiting the
trial of the Title of Lands. Whereas, it is necessary, for the well being of society, and the regular administration of civil government, that the course of justice should be uninterrupted, and open to all parties: Therefore,
Be it enacted, &c. that all and every act, and part of acts, now in force, prohibiting the trial of the title of lands, before the superior and county courts, are hereby repealed and nullified.
AN ACT further to continue the Laws passed by the Legislature of
Be it enacted, &c. that each and every law and statute of this State (except those statutes, and parts of statutes, that have been repealed by special act of Assembly shall be and remain in tull force and virtue, until the rising of the General Assembly in October next.
LAWS PASSED AT BENNINGTON,
FEBRUARY SESSION, 1782.
AN ACT pointing out the office and duty of the Secretary of State.
Be it enacted, &c. that all public acts, papers, and records, that belong to the State, excepting the particular records and papers of the Council, be deposited and remain in the hands of the Secretary of State : and that it be the duty of the Secretary to keep a regular office, to attest, and register, all the proceedings of the General Assembly of this State, charters of incorporations, and all and every grant of lands made within this State; and to receive on file, and grant copies of all records when thereto requested, taking therefor reasonable fees: and to do and perform every other act proper for a Secretary of State.
Be it further enacted, that the Secretary of State give his constant attendance, by himself or deputy, at every session of the General Assembly; and on default thereof, to forfeit the sum of one hundred pounds, lawful money, to the Treasurer of this State, to be recovered by the Treasurer by order of the General Assembly, by bill, plaint, or information, before any court proper to try the same.
AN ACT granting a new trial in the case of John Alger against Enoch
and Eliphalet Bean, and annulling the judgment rendered in the said cause.
Be it enacted, &c. that the judgment rendered by Jonathan Child and Bildad Andross, Esquires, of the county of Orange, in the month of August last, in an action of forcible entry and detainer, prosecuted by
John Alger against Enoch and Eliphalet Bean, be, and is hereby, annulled and made void : and that the sheriff of the said county is hereby directed, as soon as may be, to put the said Enoch and Eliphalet into possession of the premises of which they were ousted by the said judgment: and that if the said John Alger shall bring forward a new trial of the said cause, before the said justices, (which he is impowered to do, if he shall think proper,) and judgment shall be rendered for the defendants, or if the said John shall not further prosecute his said complaint, within twenty days after a copy of this act shall be read to him, the said justices shall award to the defendants, not only their taxable costs in the former suit, and new trial, but all necessary and reasonable costs which have accrued in annulling the judgment abovesaid.
AN ACT directing the Heirship of the estate of Colonel William Symes,
late of Hertford, deceased, intestate. Be it enarted, &c. that the estate of Colonel William Symes, late of Hertford, deceased, descend to Martha Symes, late wife of the said William, deceased; and that she be hereby entitled to enter on, possess, enjoy and dispose of the same, in as full and ample manner, as she would have done, had she been right heir at common law.
AN ACT to stay the execution on a Judgment given by the Superior
Cout, against Witherby Wittum, Malachi Wittumn, and Witherby Wittum, Jun., in favor of David Caswell and Thomas White.
Whereas, it appears probable to this Assembly, that a tract of land, lying in Powpal, which had been in the possession and improvement of said Wittums for several years past, was, by the mistake of the court of confiscation, sold as the property of some person who had fled to the enemy. And whereas it appears that the said Wittums, after being turned out of possession by the said court of confiscation, have brought an action for forcible entry and detainer, against the said Caswell and White, before two justices of the peace, to recover their former possession; and have recovered judgment against the said Caswell and White, for that purpose, and by virtue thereof, been put again into possession; which judgment of the justices, was afterwards reversed in the superior court, for error in the proceedings, a writ of possession awarded to put said Caswell and White into possession of the premises, and an execution issued for the recovery of a large bill of costs :
Be it therefore enacted, that the executing the said writ of possession and execution, awarded by the superior court as aforesaid, shall be suspended and stayed until after the rising of this Assembly, at their next sitting; and that Major Gideon Olin, General Samuel Safford, and Thomas Jewett, Esq. be, and are hereby, appointed a committee to enquire into, and report to this House, at their next session, the true state of the matters in dispute between the said parties, in order that justice may be done in the premises : and that it shall be the duty of the said committee to give twelve days notice to the parties, of the time and place they will sit for that purpose ; and then to hear all the evidence which shall be offered them by either party.
AN ACT to compel the more punctual attendance of the Members of
the General Assembly. Be it enacted, &c. that whenever any member of the General Assembly (whose credentials shall be produced to, and approved by, them) shall neglect to attend at the time and place fixed for the opening of any stated, adjourned, or special session of the Legislature, and shall not, before the end of such session, give a sufficient excuse, to the satisfaction of the House, he shall, for every day, after the first day of the session, from which he shall be so absent, without a satisfactory excuse, forfeit the sum of one pound and ten shillings; to be sued for, and recovered, in any court proper to try the same, by the Secretary of State for the time being, in his own name, by virtue of an order of the General Assembly, to be made at the close of every session thereof:-in which suit the roll kept by the clerk of the Assembly, shall be conclusive evidence of such person's being a member, and of his absence from the House : and that the said Secretary shall be accountable for, and shall pay into the treasury of this State, the monies so by him recovered.
And be it further enacted, that as often as the said Secretary shall neglect to commence such prosecutions as aforesaid, for the space of six weeks after such order made by the Assembly for that purpose, he shall, for every such neglect, forfeit to the treasury of this State, the sum of fifty pounds, to be sued for and recovered, by the Treasurer of the State for the time being, by virtue of an order from the General Assembly.*
AN ACT for taking off the tendry of the paper currency of this state,
the first day of June next. Be it enacted, &c. that from and after the first day of June next, the bills of credit of this State shall not be a legal tendry in any payment or contract, except in the treasury of this State : any law, usage, or custom, to the contrary notwithstanding.
AN ACT for the purpose of raising three hundred able-bodied, effec
tive men, for the ensuing campaign. Be it enacted, &c. that there be three hundred effective, able-bodied men (including officers) raised in the several towns within this State, (ox
* This Act was repealed February 26, 1783.