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cepting the towns on Connecticut river, north of Barnet, to be commanded by one major, five captains, ten lieutenants, twenty serjeants, and twenty corporals, and to be allowed ten drummers and fifers, in the following manner, viz: that the Board of War be, and they are hereby, directed to divide to each town respectively, their quota of said men, according to the common list of said towns, made for the year 1781. And the Board of War are hereby further directed and required, forthwith, to transmit to the select-men of the respective towns aforesaid, their several quotas so divided; who are hereby impowered and required immediately to call together the inhabitants of such towns, whose duty it shall be, when met, to raise, by inlistment, or otherwise, their said quota of men, according to their lists aforesaid; and to have them ready for service by the fifteenth day of April next, and to continue in service until the fifteenth day of December next, unless sooner discharged.
And be it further enacted, that if the select-men of such towns, on the receipt of such orders from the Board of War, shall refuse or neglect to call together their respective town or towns, for the purpose aforesaid, such select-men shall forfeit and pay to the treasury of this State, the sum of five thousand pounds lawful money, to be levied on the goods or chattels of such select-men, by warrant of distress from his Excellency the Governor of this State, directed to the sheriff of the county to which such select-men belong : (who shall be directed by said warrant, to sell so much of said estate as shall be necessary to pay said sum, and defray the charges arising therefrom:) and in case any town or towns, being so warned by said select-men, shall neglect or refuse to raise their quota as aforesaid; such select-men are hereby impowered and directed to hire such quotas, or any part thereof, as shall be wanting in said town; and to issue their warrant to the sheriff of the county whereto such town belongs, his deputy, or to the constable of such town, to be levied on so much of the goods and chattels, or estate, of said inhabitants (and to be sold at public vendue by said officer,) as shall be necessary to pay such hired men, and satisfy all necessary charges arising therefrom. Always provided, that no person shall be liable to pay said cost, who voted to raise said men. And if such select-men shall refuse or neglect to issue their warrants against said inhabitants of said towns, or particular classes, as refuse or neglect, in manner aforesaid, or otherwise, sucb select-men shall forfeit and pay to the treasury of this State, the sum of five hundred pounds lawful money, to be levied on the goods, chattels or estate of the said select-men, by the Governor's warrant as aforesaid. And if any town shall adopt the mode of classing their inhabitants, and any such class, or any part of such class, shall neglect or refuse to raise their quota, or any part thereof, they shall be proceeded against by the selectmen as aforesaid : and furthermore, such towns or classes, so neglecting, shall forfeit and pay a fine of one hundred pounds, lawful money, for each man so wanting, to the treasurer of this State, to be recovered by an order from the Legislature of this State.
And be it further enacted, that Captain Joseph Safford be appointed muster-master for the men to be raised in Colonel Walbridge's regiment; that Gideon Ormsbee, Esq. be appointed muster-master for the men to be
raised in Colonel Allen's regiment; that Benjamin Whipple, Esq. be appointed muster-master for the men to be raised in Colonel Lee's regi. ment; that Samuel Minott, Esq. be appointed muster-master for the men to be raised in Colonel Bradley's regiment; that Samuel Warrener, Esq. be appointed muster-master for the men to be raised in Colonel Sargeant's regiment; that John Benjamin, Esq. be appointed mustermaster for the men to be raised in Colonel Wait's regiment ; that Abner Seely, Esq. be appointed muster-master for the men to be raised in the regiment now commanded by Major Hazen; and that John Barron, Esq. be appointed muster-master for the men to be raised in Colonel Johnson's regiment. And in case it shall so happen, that any soldier raised by any town or class within this State, shall not pass muster, it shall be the duty of such muster-master immediately to give notice to the selectmen of such town, requiring said town to procure another man or men to supply such deficiency; and in case of refusal of any town or class to supply such deficiency, the select-men of such town shall proceed to hire, and issue their warrants as before mentioned.
And be it further enacted, that the several towns who are called upon, by virtue of the aforegoing act, to raise their quotas of men, are hereby directed and required to pay the non-commissioned officers and soldiers, they respectively raise, their wages for the term of service, according to the amount of their common lists: which wages are to be, for each serjeant, per month, two pounds eight shillings; each corporal, drum, and fife, two pounds four shillings, and each private two pounds: and that the field and staff officers, and commissioned officers, be paid out of the treasury of the State.
And be it further enacted, that the several towns in Col. Walbridge's regiment, be directed to parade their respective quotas of men, at the house of Captain Elijah Dewey, in Bennington, on the third Tuesday of April next, where the muster-master is required to attend and muster them ; giving his certificate to the select men of the respective towns, for the number of men so mustered and received : and that the mustermasters of the respective regiments be directed to attend on said day, in the following places, viz: the muster-master for Colonel Allen's regiment, at John Manly's, in Dorset; for Colonel Lee's regiment, at Captain John Smith's, in Rutland; for Colonel Bradley's regiment, at Elkanah Day's, in Westminster; for Colonel Sargeant's regiment, at Josiah Arms's, in Brattleborough; for Col. Wait's regiment, at Mr. Parmele's, in Windsor; for Major Hazen's regiment, at Major Burton's, in Norwich; and for Colonel Johnston's regiment, at Colonel Johnston's, in Newbury : and give certificates as aforesaid. And if any deficiency shall then happen in any town, such town shall be at the expense of going to the muster-master, where he shall appoint.
AN ACT impowering Colonel Samuel Robinson to give a deed of the
lands hereafter described, to the heirs of William Emms, deceased, and vacating a certain deed of the premises, obtained in a fraudulent manner, by John Blakledge Emms, from said Samuel Robinson.
Be it enacted, &c. that Colonel Samuel Robinson be, and is hereby, impowered to execute a deed, under his hand and seal, unto the heirs of William Emms, and their heirs and assigns forever, of all that one hundred acres of land, situate, lying and being in Manchester ; (except one acre, sold by the deceased in his life time being the first hundred acres of a certain tract of land, granted to John Wentworth, Esq., lying south, partly on Arthur Bostwick, and partly on Nathaniel Collins; east, on a lot belonging to Jeremiah French or his heirs; north, on Robert Loggan, and west, on Stephen Smith: which said one hundred acre lot is known by the name of lot number forty-six.
And be it further enacted, that the deed -lately obtained from Colonel Samuel Robinson, in a fraudulent and clandestine manner, by John Blakledge Emms, of the above described hundred acres of land, shall be, and hereby is declared to be, void, null, and of no effect.
LAWS PASSED AT WINDSOR,
JUNE SESSION, 1782.
AN ACT establishing the Constitution of Vermont, and securing the
Privileges of the People. To preven: disputes respecting the legal force of the constitution of this State,* and to determine who are entitled to the general privileges of the constitution and laws;
Be it enacted, &c. that the constitution of this State, as established by convention, held at Windsor, July and December, one thousand seven hundred and seventy-seven, subject to such alterations and additions as shall be made, agreeable to the forty-fourth section in the plan of govern. ment, shall be forever considered, held and maintained, as part of the laws of this State.
And be it further enacted, that all the people of the American States, within this State, whether they be inhabitants or not, shall enjoy the same justice and law as is general for this State, in all causes proper for the cognizance of the civil authority and courts of judicature in the same; and that without partiality or delay: and that no man's person shall be restrained or imprisoned, unless by authority of law." * See note, page 288.
AN ACT adopting the Common and Statute Law of England. Whereas, it is impossible, at once, to provide particular statutes adapted to all cases wherein law may be necessary for the happy government of this people.
And whereas, the inhabitants of this State have been habituated to conform their manners to the English laws, and hold their real estates by English tenures.
Be it enacted, &c. that so much of the common law of England, as is not repugnant to the constitution or to any act of the legislature of this State, be, and is hereby adopted, and shall be, and continue to be, law within this State.
And whereas, the statute law of England is so connected and interwoven with the common law, that our jurisprudence would be incompleat without it; therefore,
Be it further enacted, that such statute laws and parts of laws of the kingdom of England, as were passed before the first day of October, Anno Domini one thousand seven hundred and sixty, for the alteration and explanation of the common law, and which are not repugnant to the constitution, or some act of the legislature, and are applicable to the circumstances of the State, are hereby adopted and made, and shall be and continue to be, law within this State: and all courts are to take notice thereof, and govern themselves accordingly.
AN ACT defining and limiting the Powers of the several Courts within
Whereas, it is essential to the wise and happy administration of government, and regular execution of law, that the different powers of the several courts of justice within this State, be exactly limited and defined: therefore,
Be it enacted, &c. that every justice of the peace, within his respect. ive jurisdiction, be, and is hereby, fully authorised and impowered to hear, try and determine, all pleas and actions of a criminal nature, where the fines and forfeitures are within the sum of forty shillings, and the cor. poral punishment does not exceed ten stripes.
Provided always, that any person prosecuted for a criminal offence, or breach of any penal law (except for breach of sabbath, profane swearing, drunkenness, and simple breaches of peace, where the judgment shall be given on general issue) and aggrieved at the judgment given by any justice of the peace, may appeal from the same, to the next county court to be held for said county, where the judgment was rendered, there to be finally determined: the appellant, within two hours after sentence given, recognizing with sufficient sureties, in a reasonable sum, to the treasurer of the town where the offence is charged to have been committed (if the prosecution be commenced by an informing officer: if otherwise, to the prosecutor) for his personal appearance at the court appealed to, prose
cuting his appeal there to effect, abiding the order or sentence of the said court thereon, and to be of good behaviour in the mean time And the party appealing, shall remain in the custody of an officer until he shall have given such security : which officer shall not be allowed more than one shilling an hour for the said service. And no execution shall be granted on any such judgment, from which an appeal is allowed.
And be it further enacted, that every justice of the peace within his proper sphere of jurisdiction, as aforesaid, be, and is hereby fully authorised and impowered to hear, try and determine all pleas and actions of a civil nature, in which title of land is not concerned, where the debt or other matter in demand does not exceed the sum of six pounds; and [shall allow an appeal, under such directions as are herein before provided, where such debt or demand shall exceed the sum of forty shillings; and also to determine as aforesaid]* on all specialties and notes of hand, not exceeding the sum of ten pounds, avouched by one or more witnesses; and to give judgment, and award execution thereon accordingly. Provided that either plaintiff or defendant shall have a right to demand a jury of six men to try such causes, after an issue is joined in the cause, proper for a jury to try.
And be it further enacted, that when, in any action to be brought before any justice of the peace in this State, the defendant shall justify, and plead title to land where a trespass is said to have been committed, and satisfy such justice that he has a coloar of title to the same, the said defendant shall become bound, with one or more sureties, by way of re
* We find a piece of paper attached to the page on which this part of the act is recorded, on which is written the following resolution, viz :
" Resolved. that the Secretary of State be, and he is hereby directed to erase the words " forty shillings" out of the second clause of an act passed the last session, entitled. "An act defining and limiting the powers of the several courts within this State," and insert the words -six pounds in lieu thereof: and that be insert a proviso in the said clause, that an appeal be allowed in all matters in demand, exceeding torty shillings, except on specialties and notes of hand, not exceeding ten pounds, which are avcuched by one or inore witnesses." On the paper containing the foregoing resolution, is found the following indorsement.
“State Of Vermont - In General Assembly, October 23, 1782. The within was read and passed into a resolution of tbe House.
Roswell Hopkins, Clerk> On turning to the journal of October 2:3, 1782, we find it " Resolved ibat a committee of three be appointed to prepare a bill altering a certain part of a clause in an act defining and limiting the powers of the several courts within this state--that part of the clause, viz – where the debt or matter in demand does not exceed the sum of forty shillings; 'that they alter the um to six pounds, and make report. The members chosen-Mr. Abel Curtis, Mr Wright and Mr. Whipple,"
Oo examining the record of the law, it appears that the words, “ sir pounds," are written on an cranure, and the words which we have inclosed in brackets, are interlined; by which, it is presumed, the Secretary intended to comply with the resolution.
This is certainly a rare curiosity in legislation, whether we consider the alteration and amendment as designed to have effect from the date of the law, or only from the date of the resolution. If the latter, it would seem that the Legislature had not yet discovered that a law could be altered or amended without an alteration or amendmeut of the original record :-- if the former, it was a manifest innovation upon the established priociples of legislation. In either view, it lays a just claim to originality, in the contrivance made use of (o effect the object.
It is not he least singular feature in this proceeding, that it was an attempt to alter and amend a law, by resolution ; and that too, for aught that appears, without even an attempt to obtain the concurrence of the Governor aad Council.