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Jury for a justice's court, for each action tried, (in
civil causes to be advanced by the party praying
Brander and Recorder of Horses Fees.
- 0 0 6
0 2 0
0 2 0
- 0 5 0
Sheriff's and Constable's assistant's Fees.
0 4 6
Fees for Agents to Congress.
ing their own horses, • - - 0 10 0 Pees for Auditors of Accounts and Committee for Re
vising the Laws.
- - - - - 0 10 0
sheriffs in cases of execution.
0 7 0 Travel, per mile, out, ." - - 0 0 4
AN ACT further to continue the Laws passed by the Legislature of this
Be it enacted, &c. that each and every law and statute of this State (except those statutes, and parts of statutes, which have been repealed by special act of Assembly, or are expired by their own express limitation) shall be and remain in full force and virtue, until the rising of the General Assembly, in October next.
LAWS PASSED AT BENNINGTON,
FEBRUARY SESSION, 1784.
AN ACT against high Treason and misprison of Treasoa.
Be it enacted, &c. that if any person or persons belonging to, or resi- . ding within, this State, and under the protection of its laws, shall levy war against this State, or the government thereof; or knowingly and willingly shall aid or assist any enemies at open war against this State, by joining their armies, or by inlisting, or procuring others to inlist into such armies ; or by furnishing such enemies with arms, ammunition, provisions, or other articles for their aid and comfort, or by carrying on a treacherous correspondence with them; or shall form, or be any way concerned in forming, any combination, plot, or conspiracy, for the betraying this State into the hands or possession of any enemy, state or power; or shall give, or attempt to give, or send, any intelligence to any state or power for that purpose ; or shall conspire or attempt any invasion, insurrection, or public rebellion, against this State: every person so offending, and being thereof convicted before the supreme court, shall suffer death; and all his or their estate or estates, real and personal, shall be forfeited and sold to and for the use of this State.
And be it further enacted, that if any person or persons, belonging to, or residing within, this State, and under the protection of its laws, shall endeavor to join the enemies of this State, or use their influence to persuade or induce any person or persons to join, aid, comfort, or assist them in any way or manner whatsoever; or shall have knowledge of any person or persons endeavoring or using their influence as aforesaid, or shall have knowledge of any person or persons secretly conspiring or attempting any invasion, insurrection, or public rebellion against this State, or forming any secret combination, plot, or conspiracy, for betraying this State into the hands of any other power, and shall conceal the same ; such person or persons, being duly convicted thereof before the supreme court of this State, shall be punished by fine, according to the nature and aggravation of the offence, and shall be imprisoned at the disa cretion of the said court, not exceeding ten years.
AN ACT for regulating of Marriages, and for preventing and punish
ing Incest, and incestuous Marriages. Forasmuch, as the ordinance of marriage is honorable in all; and it being proper that the solemnization of it should be in such a decent and orderly manner as will best contribute to the happiness of families, and peace of society: Therefore,
Be it enacted, &c. that no person shall be joined in marriage before the intention of the parties has been published by the minister or town clerk, in some public meeting or meetings for religious purposes, in the town, society, or parish, where the parties do ordinarily reside; or such purpose or intention be posted, in fair writing, at some public place in each of the towns, there to stand so that it may be read, at least eight days before such marriage.
That no persons whatsoever in this State, other than councillors, judges of the county courts, or justices of the peace within their respective counties, or ordained ministers of the gospel within the town and society wherein they respectively dwell, and while they continue in the exercise of the ministry, shall solemnize any marriage.
Nor shall any of the persons before mentioned presume to marry any man and woman, before he is certified that such intention of the parties has been published as aforesaid, or before such magistrate or minister is certified of the consent of the parents or guardians (if any there be of such parties, on pain of forfeiting for every offence, the sum of twenty pounds; one moiety to him or them who shall complain of and prosecute the same to effect, and the other moiety to the treasury of the county where the offence shall be committed.
And if any person or persons shall presume to deface or pull down any such publishment, set up in writing as aforesaid, before the expiration of eight days after the time of its being set up; every such person or persons shall be fined the sum of forty shillings, or be set in the stocks one whole hour. .
And every person, herein before empowered to join persons in matrimony, shall keep a fair register of each marriage by them respectively solemnized, which may be given in evidence in any court of record in this State.
Be it further enacted, that no man shall marry any woman within the degrees of kindred herein after named, that is to say ;-no man shall marry his grand-father's wife, wife's grand-mother, father's sister, mother's sister, father's brother's wife, mother's brother's wife, wile's father's sister, wife's mother's sister, father's wife, wife's mother, daughter, wife's daughter, son's wife, sister, brother's wife, wife's sister, son's daughter, daughter's daughter, son's son's wife, daughter's son's wife, wife's son's daughter, wife's daughter's daughter, brother's daughter, sister's daughter, brother's son's wife, sister's son's wife.
And if any man shall hereafter marry any woman, who is within the degrees before mentioned in this act, every such marriage shall be, and is hereby declared to be, null and void. And all children which shall hereafter be born of such incestuous marriage, shall be for ever disabled to
inherit by descent, or by being generally named in any deed or will, by father or mother.
That every man and woman who shall marry, or carnally know each other, being within any of the degrees before mentioned in this act, or being so married shall continue to dwell in the same house at any time after the space of forty days after the publication hereof, and be convicted thereof before the supreme court; such persons shall suffer the like punishment as is directed to be inflicted in case of adultery, except that instead of the letter A to be worn by an adulterer, the capital letter I shall be worn by such incestuous person.
AN ACT in addition to, and alteration of, " An Act regulating civil
Whereas, according to said act, people living out of this State may sue persons living in this State, in any part of this State; and people living in this State, may sue their neighbors before a justice of the peace to the extreme part of the county in which they live :
Which mischief to prevent, Be it enacted, &c. that no action shall be commenced, by any person living out of this State, before any superior or county court, except in the county where the defendant lives; and before any justice of peace, except in the county where the defendant lives; and before any justice of peace, except in the town where the defendant dwells, if there be a justice of the peace in such town, and no legal objection against him: and where there be no justice of the peace, or any legal objection against him, then the action may be tried by the justice in one of the adjoining towns.
And be it further enacted, that no other action shall be maintained by any person before a justice of the peace, except in the town where the plaintiff or defendant dwells.
Be it further enacted, that this act be not considered to effect any actions commenced or writs issued before the passing this act.
AN ACT concerning Sureties and Scire Facias's.
Be it enacted, &c. that whenever any person or persons, not being freeholders in this State, shall apply to any person having authority to issue writs, for any process whatsoever, to bring or summon any person or persons, to answer before any court in this State, there shall be a sufficient security given to the defendant or defendants, by way of recognizance, to the satisfaction of the authority signing such process, before the signing thereof, that the plaintiff or plaintiffs, shall prosecute his, her, or their, writ to effect, and shall answer all damages if a judgment shall be rendered against him, her, or them. A minute of which recognizance, with the name of the surety or sureties, and the sum in which they are bound, shall be made upon the said writ at the time of the signing thereof: and if any writ be otherwise issued, the same shall abate.
Be it further enacted, that no special warrant, to apprehend the body of any person, shall be granted by any magistrate, before the person praying out such warrant has given sufficient surety or sureties, to the acceptance of such magistrate, by way of recognizance, to the person complained of, that such person requesting the warrant will prosecute his complaint to effect, and answer all damages if he does not support it; a minute of which recognizance shall be made as is herein before directed in civil causes : and if any warrant shall otherwise issue, the prisoner shall be discharged from the same, and recover his costs against the complainer.
Provided, that an informing officer shall not be obliged to give such surety in the prosecution of criminals or delinquents.
Be it further enacted, that bail may be taken by any person serving an attachment, causing the surety or sureties to endorse his or their names or marks on the precepts'; by virtue whereof the surety or sureties shall be holden to satisfy the judgment, in case the return of non est inventus be legally made on the execution, unless just cause shall be shewn to the contrary at the return of a writ of scire facias, to be issued against such surety or sureties, by the creditor or creditors, within one year from the time of rendering the original judgment, or unless the surety or sureties shall render the body of the principal into court before entering the judg. ment upon the scire facias, (an officer being present) shall pay the costs upon the scire facias, and move to be discharged; in which case the court shall direct an officer to receive the principal into custody, that his body may be taken in execution : and it shall be lawful for such officer to detain the principal so long as the court shall direct, not exceeding twenty days from the rising of the court.
And in case a writ of scire facias against the bail, issued within one year from the time of rendering the original judgment, shall be returned scire feci, and no just cause shewn to the contrary, or the principal rendered as aforesaid, judgment shall be given for the original debt or damages, and costs, with the additional costs of suit, and execution shall issue accordingly: and that no suit shall be prosecuted against any officer, or other person, taking bail in manner aforesaid, where the bail shall be sufficient.
And every surety, of whom such recovery is had, or who shall otherwise sustain damages by being bail, shall have right to recover all such damages as he shall so sustain against the principal.
Provided, that nothing herein contained shall be construed to prevent the bail from delivering the principal into court, before or during the term in which the original judgment shall be entered, in discharge of him or themselves.
And be it further enacted, that when any officer, or other person serving an attachment or replevin, shall take insufficient bail in the action, he shall be liable to answer all damages to the creditor or creditors, his or their executors, administrators, or assigns; who may recover the same against the person taking such insufficient bail, his heirs, executors, or ad