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manded to apprehend the body of A. B. of — , or to attach the goods or chattels of the said A. B. [as the case may be) and have him for them) before me, at , on — , at — o'clock, sor forthwith in criminal cases] to answer to C. D. of — , in an action or plea (as in the summons.
And in case a constable cannot seasonably be had to serve any such summons, warrant, or execution, issued by a justice of the peace, any justice is hereby empowered to authorise any suitable person to serve the same, in manner following, viz: the justice shall insert on the back of the precept the following words, at the request and risque of the plaintiff, I authorise A. B. to serve and return this precept: and the person so authorised shall have all the powers of a constable in the service and return of such precept ; and no such precept shall be abated on any pretence whatsoever. And such attachment or warrant shall be served on the body or goods of the defendant, and by delivering to the defendant, or leaving at his last and usual place of abode, a true and attested copy thereof, with the articles thereon attached : and summons shall be served by leaying an attested copy of the same with the defendant, or at his last and usual place of abode, or reading the same in his hearing; at least six days before the day therein appointed for trial: and if any person or persons, so summoned, shall neglect or refuse to appear, judgment on default against such defendant or defendants shall be rendered, for such sum as to the justice shall appear just and reasonable, together with cost. And a judgment before a justice's court shall be a final settlement of all mutual demands between the parties to that time, within the cognizance of such justice.
· Provided nevertheless, that if any defendant shall neglect, on such trial, to bring in his demand for a mutual balance and offset, he shall have liberty to bring his action for the recovery thereof within one year next after such trial; excepting that in such case the plaintiff shall recover no cost, although he make his plea good : and cost recovered by either party shall be as stated in the table of fees; excepting that neither party shall recover for his cost, where there is no jury, more than eighteen shillings; and if there shall be a jury, not more than twenty-seven shillings; and excepting that no fees be allowed the plaintiff for his travel, and but two shillings for attendance.
And be it further enacted, that in all cases where judgment is render ed before a justice, execution shall be stayed thirty days after such judgment, and shall be returnable within sixty, after the issuing thereof; except the party recovering shall satisfy the justice that he is in danger of losing his money by such delay; in which case, execution may be granted immediately, returnable within ninety days from the issuing thereof. And if any action, in this act made cognizable before a justice of peace, shall be brought before any county or supreme court, the plaintiff shall be non-sui:: and no judgment, rendered before any justice, shall be reversed by writ of error, or in any other way, except as is in this act bereafter provided.
And be it further enacted, that every justice of the peace, within the limits of his authority, be, and is hereby empowered to apprehend, or cause to be apprehended, and commit to prison, or bind over to be tried by the county or supreme court, all criminal offenders, the enormity whose misdemeanors surpass his power to try.
And be it further enacted, that any person who shall think himself aggrieved by the judgment or sentence of any justice of peace in a criminal action, shall have liberty, on giving security by way of recognizance, to prosecute to effect, to remove the cause by certiotari, to the next supreme court sitting for that county, there to be tried on the merits.
Provided nevertheless, that if, on the trial to be holden in such case in the supreme court, judgment shall be given for the party removing the same, he shall recover his cost; and if judgment shall be given against such party, he shall pay double cost.
And be it further enacted, that no appeal or review shall hereafter be allowed from the judgment of a justice of the peace, to be rendered by virtue of this act; any law, usage or custom, to the contrary, notwithstanding.
And be it further enacted, that this act shall not be in force or effect, until after the first Monday in December next.
AN ACT to compel the fulfilment of Contracts according to the intent
of the parties. Whereas, many contracts have been, and probably will be made in this State, for the payment of different kinds of produce, wares and manufactures, at times therein limited : and whereas, it has frequently happened, that after the expiration of the times limited in such contracts, for payment thereof, creditors have refused to accept of any thing but silver and gold in discharge of the same.
To remedy which in future, Be it enacted, &c. that whenever any judgment shall hereafter be rendered in this State, upon a contract made since the first of July, 1782, or to be made, for payment of the produce of this country, wares or manufactures, at a limited time and place therein mentioned, the same articles agreed upon in the contract only, shall be a tender upon execution to the officer having the same, at the place at which, by the contract, the pay. ment was or shall be limited to be made, if within this State; and the officer shall be obliged to receive and cause the same to be appraised, agreeably to an act passed by the Legislature of this State, in February, 1783, entitled, An act, in addition to an act, entitled, “ An act directing and regulating the levying and serving executions :" and from, and immediately after, such appraisal, the goods appraised shall be the property, and be at the risk of the creditor.
And be it further enacted, that the respective justices, and clerks of courts, before whom such judgment shall be rendered, shall certify, under their oath of office, the place, and kind of produce, wares or manufactures, in which such contracts ought to be paid, agreeably to this act.
And be it further enacted, that when the contract, upon which judgment shall be so rendered, shall be payable at any place without the limies of this State, the same shall be, and hereby is declared to be, payable to an officer on execution, and shall be appraised within the town in which the defendant lives, (if an inhabitant of this State) if not, in the town in which such property shall be taken on execution.
AN ACT empowering the Select-men of the town of Benson, in the
county of Rutland, to levy a tax of one penny on each acre of land in said township of Benson, for the purpose of making and repairing Roads and Bridges.*
It is hereby enacted, &c. that the select-men of said town of Benson, be, and they are hereby authorised and empowered to levy a tax of one penny on each acre of land, in said township of Benson, except public righis, and issue their warrant to the first constable of said town of Benson, to collect the same, and when collected, he is hereby directed to pay the same to the said select-men ; who are hereby directed to lay out said tax in making and repairing public roads and bridges, in said town. And they are hereby made accountable to the county court for the county of Rutland for laying out said tax.
Anii be it further enacted, that said collector be, and is hereby authorised and empowered to sell lands at public vendue to collect said tax, and the legal cost ; and before he shall proceed to the sale of any lands, he sball publish the same in the Vermont Gazette and Journal, three weeks successively, at least six weeks before the day of sale ; and that he shall not give any deed for lands he shall sell, until the expiration of one year from the day of sale.
And be it further enacted, that is the owner of any lands in said town that shall be sold as aforesaid, shall pay or tender unto said collector, at any time within said year, the sum that said land was sold for, with the legal cost, and twelve per cent interest, the fee of the land shall not be conveyed by such sale; and said collector is hereby directed not to give any deed of any land so redeemed.
AN ACT granting to Reuben Harmon, jun. Esq. the right of coining
copper within this State, for a farther term of eight years. Whereas, the Legislature of this State did, at their sessions at Norwich, in June, 1785, grant to Reuben Harmon, jun. Esq. of Ruport, in the county of Bennington, the exclusive right of coining copper within this State, for the term of two years from the first day of July, in the aforesaid year of our Lord, 1785 : and whereas, the said Reuben has, by his petition, represented to this Assembly, that he has been at great ex
This act is copied, for the purpose of showing the manner in which taxes fo: the purpose of making and repairing roads and bridges, were assessed, until October session, 1787 ; when the Legislature adopted the present mode of assessing such laxes directly, instead of authorising the assessment to be made by the select meu.
pense in erecting works and procuring a quantity of copper for the pure pose of carrying on said business of coining, and that, by reason of the shortness of said term, he will be unable to indemnify himself for his said expense; and praying this Assembly to grant him said privilege of coining copper for a longer term; and this Assembly willing to encourage an undertaking that promises a considerable public utility. Therefore,
Be it enacted, &c. that there be, and hereby is granted and confirmed to the said Reuben Harmon, jun. Esq. the exclusive right of coining copper within this State, for a farther term of eight years from the first day of July, in the year of our Lord, 1787 ; and that all copper by him coined, shall be in pieces weighing not less than four penny weight, fifteen grains each ; and the device for all copper, by him hereafter coined, shall be, on the one side, a head with the motto, auctoritate Vermontensium, abridged on the reverse, a woman, with the letters, INDE: ET LIB: for Independence and Liberty.
And be it further enacted, that the said Reuben shall have and enjoy the aforesaid privilege of coining copper within this State, free from any duty to this State as a compensation thereof, for the full term of three years from the first day of July, in the year of our Lord, 1787; and that, from and after the expiration of the said three years, he the said Reuben shall pay, for the use of this State, two and one half per cent, of all the copper he shall coin for and during the remainder of the aforesaid term of eight years : and the said Reuben, before he take any benefit of this act, shall enter into a bond of five thousand pounds, to the treasurer of this State, with two or more good and sufficient sureties, freeholders of this State, conditioned that all the copper, by him coined as aforesaid, shall be of full weight as specified in this act, and of genuine metal, and that, from and after the expiration of the aforesaid three years, he will well and truly render an account of the sums by him coined, by virtue of this grant, and pay over all such sums as shall, on account of said coinage, become due to this State, at such times, and in such manner, as this or a future Assembly shall direct.
AN ACT to continue in force the several Statutes of this state. Be it enacted, &c. that the several acts, and parts of acts, passed by the Legislature of this State, and which have not been repealed, but are now in force, shall remain and continue in force, until the rising of this Legislature in February next.
OF THE FIRST
COUNCIL OF CENSORS.
AGREEABLY to the forty-fourth section of the Constitution, a Council of Censors was elected, on the last Wednesday in March, 1785; which consisted of the following members, viz:- INCREASE MOSELEY, EBENEZER Curtis, EBENEZER WALBRIDGE, BENJAMIN CARPENTER, STEPHEN JACOB, JONATHAN Hunt, EBENEZER MARVIN, ELIJAH ROBINSON, Micah TOWNSEND, Joseph Marsh, John SESSION, Lewis Bebee, and JONATHAN Brace. This Council held three sessions, viz:-at Norwich, on the first Wednesday of June, 1785 ; at Windsor, on the last Thursday of September following, and at Bennington, on the first Thursday of February, 1786. The following Resolutions, revised Constitution, and Address to the freemen, appear to have been the result of their deliberations.
RESOLUTIONS OF THE COUNCIL.
In Council of Censors, October 5, 1785. 1. Resolved, that it be, and is hereby recommended to the Honorable the Legislature, in their next session, to repeal an act passed in February, 1779, entitled, “ An act to prevent riots, disorders, and contempt of authority within this State, and for punishing the same," on account of the uncommon severity of the punishments to be inflicted for breaches of said act, and their disproportion to the offences; it being unjust and impolitic, in the opinion of this Council, as well as contrary to the humanity manifested in the Constitution, to inflict punishments which render a person and his connexions, infamous, and preclude all reformation for crimes which are not infamous in their nature; and because it puts a person who simply, and often inadvertantly, commits a trespass, in so desperate a situation as, in its consequences, may be prejudicial to the peace of society.
* See page 300.