OCR Interpretation


Burlington free press. (Burlington, Vt.) 1827-1865, December 13, 1839, Image 1

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NOT THE GLORY O F C M S A U V T T II E W E LFA UK OF ROME.
BY II. B. STACY.
FRIDAY, DECEMBER 13, 1839.
VOL. XIII 3Vo. 651
REVISED STATUTES.
CIJAPTUit25.
Of Ihc Suprrme and County Courts.
1. There fhnll bo a supremo court with
in niul for lhi Miit.to hu held nt tin) respec
tive limes iiml plnccH by Inw oppuinU'il for
that purpose, which shall cons ist of nno
chief judge, niul four assistant judges, any
three of whom shall ho a quorum, to bo
nppnintcil in lliu manner provided by thu
constitution.
2. Whenever on the trial of any cause
beforu the supreme court, the judges pros
ent phall be rqunlly divided in opinion, tin
judgment shall be rendered according to
the opinion of the presiding judge.
3. There shall be in each cuunty,n county
court to bo held at biicIi limes and place as
shall be appointed by law for tha'. purpose,
to consist of one chief judge, who shall he
noof the judgesof the i-upremu court, 10 ho
.annually designated by tho judge? of the
supremo court for each jiidieinl circuit es
tablisifd by Inw. and two assistant judges,
to bo appoint'!'' f"r -'ucl' C",1,lly 11,111 10
hold their offices ns provided by the coiili
juiionand InWfloft.he slate, any two of
whom fhall be n quorum.
4. Them shnll be fivo judicial circuits in
tho stair, as follows:
The first shall consist of tho couuliea ol
Bonnington and Rutland;
The second, of the counties of WindliaiN
Windsor and Orange ;
Tho third, of the countios of Addison,
Chittenden and Grand Islo ;
The fourtli. of the counties of Washing,
ton, Caledonia and Essex ;
Tho fifth, of tho counties of Franklin.
Orleans and Lamoille.
5. One judge of tho supreme or county
court, in the absence of tho other;?, shall
have power to open and adjourn their res
pective courts until a quorum shall convent ;
and if no judge of the court be present, the
sheriff of Hie county shall have power to
open and adjourn any supremo or county
court, from day to day, until one of tho
judges shall bo present.
C. The supreme court shall have cxclu
eive jurisdiction of all such petitions, not
triable by jury, as mny by low bo brought
before such court, and shall have power to
issue and determine all writs of error, cer
tiorari, mandamus, prohibition and quo war.
ranto, and all oilier writs and processes to
cuuri? of inferior jurisdiction, to corporations
& individuals, that shall be necessary to the
.furtherance ofjustice and ihc regular exe
cution of i he laws, and shall have power to
try and determine all such questions of law
3e shall bo removed from the country court
agreeably to the provisions of this chapter.
7. Iiach county court, within the several
counties, shall liavu original and exclusive
jurisdiction o'f all original civil actions, ex.
cept such as are tn'tdu cognisable by a jm-
tice, nnd of all such petitions as may by
law be brought beloio inch court and up
pclalc jurisdiction of all causes, civil and
criminal, appealable to such court, and
may render judgment thereon according to
law.
q. Each county court shall have original
jurisdiction of all prosecutions for crirnma
offences within thei-everal counties, except
Buch as are by law made cognizable by
justice, and may award such sentence as to
law and justice appertains.
9. In all evil causes tried before the
county court, either party may mice and
no moro review his cause 10 the next term
of such court; but no review shall bo allowed
in either of the following cases:
1. When the judgment is rendered upon
nonsuit or delimit.
2. When judgment shall have been ren
dered in any cause twice for tho same parly
3. When eithnr party shall have wavied
his review by emry made for that purpose
4. In any suit brought against a sheriff,
high bniliffor constable for not executing
or duly returning a writ of execution to him
delivorcd to serve, whan a receipt was
given by. or demanded of such officer at the
time of tho delivery thereof.
5. In any suit brought by a sheriff, high
bailiff or constable on any receipt or writing
obligatory, executed for goods or chattels
seized or taken by virtuo nf any writ ol
execution or attachment, in which receipt
or writing inn pariv cxecuiing tno pamo
promised to re-dclivcr such goods or chut
tols.
C. In any suit brought by a sheriff or
high baihffagainst his deputy, or sureties i
any bond, executed to indemnify such sheriff
or high bailiff against any act, neglect or
dofault ot His deputy.
7. In any suit brought against a sheriff
or high bailiff or the sureties on anv re
cogniznncn entered into by such sheriff
high bailiff or sureties, for tliu faithful per
formanco of the office and duly of such
shoritt or nigii tiniiiit.
8. In any sun wnich camo to said court
by appeal, except when n review is allowed
by law.
10 No party shall be allowed to review
his cause until he hnllhavo given sufficient
eccurily to Ihc adverse party, by way
recognizance, in such sum us the court shall
direct, conditioned that he prosecute his ro
view lo effect, and answer and pay all in
tcrvening damnges occasioned in the ad
verso parly by delay, with additional costs
in cose l lie ludemKiit be n flirmod.
II. When a party having appealed from
the judgment of a justice phall neglect lo
emer inn uppsui in me county court at the
term ofsuch court next ufior such judgment
sucli county court on tha como suit
writing of tho adverse party, and'lho nro
duclion of a certified copy of such jus
tiso's judgment and appeal, shall affirm
eucIi judgment, adding to tho damages
. . -. . e "
iniuruei in uiu iuiu hi iz pgr cent, nnr an
num from tho time of rendering tho judg
mem, wun uuuuiuiiui cusiu.
i.. i hu oiipiumu unu county courts,
respectively, shall liavo power tn makn nil
ecossary ruies tor mo orderly practice in
c eevcrui cuurn, unu me judges 01 mc
supreme court shall make, adopt nud pub
hh, and may from time to tiinu alter and
amend rules regulating thn admission nf
ottornies to tho practice of low before the
supremo mid county courts, which rule
shall bo uniform and binding on tho several
county courts.
13. Tliu supreme and county courts,
respectively, din 1 1 have power in the trial
of actions at law. on motion and due notice
thereof being given, lo require the parties
to produce books or writings in their pos
session or power, winch contain evidence
pertinent to tho Issue or relativo to iho
action, in cases and under circumstances
where I hoy might bo compelled to produce
Iho snnie by I he ordinary rules nud proceed
ings in chancery ; nud if tho party fail to
comply with such order, the court, may
render judgment against such party by
non-uil. or default, as thn case may be.
14 If, penilinfj rmy ctiit, it nil a 1 1 npponr
to the court that the surety or the sum of any
rccoijnizaiico for the prosecution of the suit,
or any appeal r review, or the bail taken
by the officer on I lie mil. is insufficient to
secure the parly for whose benefit I ho same
was taken, such court may m iu discretion
order bail to be put in. sufficient for the
purpose aforesaid, by such tinio n9 the
court shall direct, or that judgment be ron
dered against Iho party neglecting to com
ply with such order.
15. No writ, declaration, return, process.
udgmeiit or other proceeding in civil cau
ses iu "ny of tho courts in this state, shall
bo abated, arrested, quashed, or reversed
for any (th'fect or want of form: but iho
aid courts, respectively, shall proceed and
give judgment according to the right of
tho case and matters iJi law, without rcgar
ding any imperfections, ncfccls or want of
form, in such writ, declaration or other
leading, return, process, iui.'gfJiont or
course of proceeding, except those only in
case nf demurrer, which Iho party demur
ring stioll specially set down and cxprcs.",
together With his demurrer as tho cause
thereof.
16. Any court may, from time lo time,
amend all and every such imperfection, do
tecls and want of form, other than those
nly which the parly demurring shall ex
press, as aforesaid, and may at any time
permit cnner ot the parties lo amend any
elect in tho proems or pleadings upon
uch conditions asthe court shall prescribe
17. 1 ho nidges of the count y court bo'
fore which any cause shall be tried, may, if
nicy judge t rial the jury have mistaken the
aw or evideueo material to Iho issue,
have not paid proper attention thereto,
cause (hem In return to a second nod third
consideration of the case, and if the jury do
not oitcr or retract llicir verdict, the same
shall bo received.
115. When the court have committed any
cause lo the consideration of the jury, such
jury shall be confined under the enro of an
officer, appointed by the court, and sworn
lor that purpose, until they have agreed on
a verdict, or ore discharged from giving
veruict. by order ot tho court.
19. 1 he jury cmpannelled for tho trial
of any civil cause mayfind a special ver
dict agreeably to the usages of law.
20. 1 ho several county courts shall have
pTwer lo try any issue of fact submitted to
tho court by agreement of the parties in
any suit pending in such court.
21. I he supreme and couniy courts
respectively, may, by agreement of the
parlies nud a rule of court, refer any cause
pending in such court, to the determina
tion of such number of men as shall be
agreed upon by the parties, and the report
ot such rclejees being returned shall be
allowed and accepted by tho court gran
ting the rule, unless sufficient cause be
shown to the contrary.
22. Unreport of referees shall not be
allowed andaccepted,or no report bo made,
the parties moy again refer the cause, or
the same shall bo open for trial in court, as
though it had never been referred, and iho
parly who shall finally recover in such
cause shall be allowed in his bill of cost
tho cost ofthu lormer reference.
1 ho judges of tho supreme and
county courts, when ihnstato of business
shall require it, may adjourn their respec-
nvu coutts within Iho county in which.
they are usually hold, to such day previous
to trie next staled term as they shall think
proper.
24. Tho chief judgo of any county court
may in his discretion, nl nny time order a
special-session of such court for tho trial
ol criminal causes.
2. No judgo of the supreme or county
court shall sit initio trial of nny causo in
which ho shall have been retained ur acted
os an attorney or counsel, or is interested
in tho event of such cause, or is related
to either parly within tho fntirlh degree of
consanguinity or attiuitv. nor shall be nor
milted to appear as an attorney or be of
counel in any causo in which he shall have
uctoil as judge.
20 It shall he tho duty of the judges
of the supremo court or a major part of
mom, as soon as convenient after their an
pointnient to designate the judges who
shall attend iho sessions of the supreme
court tor i no ensuing year, in such a man
tier that four shall bo assigned to each
couniy, and it shall bo the duly of the four
thus dcsignaleu to attend the term of tho
supreme court in each of tho cuuntics to
which ihcy are assigned.
27. If any one or two of tho judges Uiub
designated shall bo legally diequalified to
act in Iho decision of any cause pending
in said court, or shall bo detained from
court by sickness or any unavoidable ac
cideot or necessity, tho remaining judges
so uesignateu snail nave power to try and
detcriiiino any such cause, or hold the
court for such term; but whon there aro
only thrco judges present at any term of
tne supreme court, no causo shall bo do
tormmod by eucIi cnurt, unless all tho
judges concur in tho decision.
23. One judge of the county court mny J
try and determine any cauo pending in
such court when tho other judges present
aro legally disqualified to net on the trial
of such cause.
29. In case nny judge of the supreme
court shall he unable to attend nny term
of the couniy court iu hw judicial circuit
by reason of sickness, absence, or othur
caticc, or by rennn of interest, or other
wise, is disqualified lo act in the trial ol any
cause pending in such court, any other
judge of the supreme court may preside in
such couniy court during such term or on
tho trial of such cause.
30. The supreme nr county court, shall
have power lo appoint commissioners to
take and report to tho court tho accounts
of nny executor, administrator, or guardian
inn case appealed Irnni tne Decision ot a
probate court ; and nny commissioner en
nppnintcil may ndminister all necessary
oaths on the examination of such accounts,
and such report shall be subject lo the
opinion of the court, upon the facts there
in exhibited.
31. All writs, processes, declarations,
indictments, pleas, answers, and cutties in
the several courts of justice in this stato
shall bo in the English language, except
technical terms.
32. When judgment shall be rendered
by default or on demurrer in nny court,
tho judges of the court shall have full pow
er, by themselves, by the jury in court, the
report of tho clerk, or the report, on oath,
of any person appointed as an inquest by
the court, to ascertain the sum due.
33. If any person shall caUBO process to
be served on another for any matter or
cause, and discontinue his suit, or bo non
suit therein, nr when such suit shall he
abated or dismissed for want of jurisdic
tion, the court to which such process is
made returnable, shall give judgment for
tho defendant to recover reasonable costs.
34. When the defendant in any suit be.
jn;j duly served with process, and return
thereof being duly made, shall not ap
pear in parson or by attorney, his default
shall bo recorded, and judgment rendered
against him thereon, unless on or before
the third day of the term he shall come
into court and move for a trial, in which
case he shall bo admitted thereto, upon
paying to the ndverso party legal costs.
35. Tho defendant in nny action may
plend the general issue, and upnu tho trial
of the cau?o on such general plea, may
give any special matter in evidence, in his
defenco'or justification, according lo the
nature of the .notion, he giving notice in
writing, with iho plea of the special maU
ter on which ho shall rely in such defence
or justification, and no spocin I matter shall
be allowed in evidence, except such os
shall bo particularly mentioned in such
notice, in writing.
3G. All issues of law, nnd all questions
of law arising upon the trial of any issue of
fact, by the court or jury, nnd placed upon
the record by iho ngreoment of iho parties.
nr thn nllmvnnei! nnd nrilnr nf nnv livn of
the judges that ntlend tho trial determined j
by any county court, may pass to the su
preme court for a final decision : but exe
cution shall not of course be stayed thereby,
but may be 6tayed by order of the court on
consideration nf tho difficulty and impor
tance of the question.
37. hxceptions to the opinion ot tho
connty court on any question of law which
may arise on the trial of any civil cause,
shall bo signed by the presiding judge and
tiled with tho clerk ot such court within
thirty days after Iho rising of tho court ;
and it they are not filed within that time,
it shall be the duty of the clerk to erase
any entry of exceptions which may be
tnado on the docket, and issue execution
on the judgment; nnd the time 6uch entry
is erased Irom the docket shall be deemed
the day on which the plaintiff is first enti
tled to execution on the judgment.
38. When oxccutiou shall bo staved as
aforesaid, nnd the judgment of tho county
cnurt shall be affirmed by tho supremo
court, such court shall render judgment
for tho amount for which judgment was
rendered by tho county court, adding there,
to interest upon tho debtor damages during
such slay of execution, with additional
costs.
39. Whenever a jury trial uhall become
necessary in any cause ponding in the
supremo court, tho original files and papers
shall bo removed to Iho county court for
such trial, accompanied with a certificate
of tho order of the supremo court, and if
such cause was originally commenced in
the county court, such court may proceed
to try and render judgment in tho same;
but il the couniy court has not jurisdiction
tn render judgment upon the verdict in
such cause, the verdict shall bo certified lo
the supreme court next thereafter held in
tho samo county, which court shall rendor
judgment thereon, according to law.
40. When tho judgment of any county
court upon a question of low is to bo ro
viied by the supremo court, all tho original
files and papers shall bo removed to tho
supremo court, and the supremo court shall
render such judgment thereon as ought to
bo rendered,
41. Any party who shall carry a cause
from tho county court to tha supremo
cnurt, for tho trial of any question of law
therein, shall not afterwards bo permitted
to review such causo.
Proceedings in Actions on Penal Bomb,
42. In all actions brought to recover tho
forfeiture annexed to any articles of agree
mcut, covenant, bond, bond of recogmzanco
with condition (hereto annexed, contract,
charter. party, or other specialty when tho
forfoituro, breach or non.pcrformanco shall
appear by tho trial of an issue of fact by the
default or confession of tho defondant, or
upon demurrer, tho court, before which
tho action is pending, may rendor judg-
ment for tho plaintiff to rccoer so much
as is duo according to equity and yood
conscience, and when tho sum for which
judgment might to be rendered is uncer
tain, tho snmo shall, nn the request of
uithor party, be assessed hy n jury.
4J. In nil nclions brought to recover the
penalty or forfeiture annexed lo any bond
uf recognizance, given or taken in any
criminal cause, the court before which such
action is ponding may lessen the sum of
any such bond of recognizance and render
such judgment thereon as the nature and
circumstances of case shall require.
44. In all notions on bond, or for any
penal turn for the non. performance of cov
enants, or any agreements in nny condition,
indpntiuc, deed or writing contained, the
plaintiff may assign as mnny breaches ns
ho shall choose, and the damages shall be
assessed for such breaches us Iho plaintiff
shnll prove, and the court shall render
judgment for the whole penalty, and exe
cution shall initio for so much only as shall
have been found in dninages with costs.
45. If in nnv such action thoro shall be
judgment for the plaintiff on demurrer, de
fault, confession or nihil elicit , the plaintiff
may assign as many breaches as he shall
choose, the truth whereof shall bo found,
nnd the damages assessed according to
law, and execution shall issuo for such
damages only, with costs.
4G. All such judgments shall remain as
n security to the plaintiffor his represen
tatives lor any other breaches which he
chilli afterwards prove, and he may from
time to time have a scire facias on such
judgment against the defendant or his rep
rcsentative, and assign any other brunches,
and thereupon dninages uhall be nessed
and execution issue for the same, with
costs.
47. If. in nny such action, the judgment
shall be rendered for the penalty in the
supremo court, tho scire facias may bo
brought before tho county court in the
same couniy in which the original judgment
was rendered.
48. When judgment, fdinll have been
rendered ngoinst nny sherifi' or high bailiff
for any official misconduct, neglect or de,
fault, and execution on such judgment re
turned unsatisfied, or the defondant com
mitter! lojail tliercfitl, Ihc creditor in such
execution mny in his own name nnd right
sue nut a writ ot scire facias, on thn recog
nizonce entered into by ouch Bhcrifi or high
bailifl and his sureties, for the faithful per
formanco of the duties of hit office, return
able before the county court in tho connty
where such recognisance was taken.
49. On tho return of such writ of scire
facias, such court, unless satisfactory cause
ho shown to the enntrarv. shall render
judgment againbt such shcriffor high bailiff
nod Ins i-urciies 10 Invur of the creditor,
for the amount nf such execution, nnd nil
charges thereon with legal interest, nnd
costs.
50 The defendant in such scire facia
may moke any defence or tnko nny ndvan
lage nn Iho scire facias that could have
been tnndoor tnken had an action of debt
been brought on such recognizance.
51. In all cases when tho original judg
ment against the sheriffor high bailiff was
rendered hy delault, nnd scire facias shnll
be brought as above provided, the sureties
may make nny defence and lake any ad
vantagn on the scire facias, which the prin
cipal might, by law huvo made or taken in
the ongnal action.
Proceedings in Actions on Joint Contracts.
52. When any bond, recognizance, bill
note or other contract shall have been exc
culed by two or more persons jointly, nnd
one or more of them shall reside out of this
state, an action may be brought and bus
tnincd thereon, against the party residing
in this slate.
53. On all joint and several contract
executed by three or more persona nnd any
of them reside out of thiB state, nn action
may be brought and sustained against one
or more of them, suggesting in tho writ in
all such cases the persons out of the state
as aforesaid.
54 The recovery of the judgment against
ono or more ot several obligors or promi
sors, on a joint or joint nud several con
tract, without satisfaction, shall not in any
wise discharge Iho other obligors or prom
isors from their liability ou such contract
5o. It ono of several obligors or promi
snrrs jointly holdcn by virtuo of any con
tract, in writing, snail die, the representa
tives of such deceased person and Iho tor
viving obligors or promisors may bo cliarg.
ed, by virtuo of such contract, in tho same
manner as if such contract had been joint
and several.
Proceedings in Criminal Cautes.
SC. No person shall bo compelled to
plead to any indictment or information,
until ho shall have been furnished with u
copy of tho samo at least twenty four
hours, and it shall bo the duty of tho states
attorney to furnish such copy.
57. On tho trial of any person nn infor.
motion or indictment for any crime, the
conviction whereof inducts legal infamy,
the court shall order such person into cus.
tody to be retained in discharge of his
recognizance.
50. On the trial of any person for a crim.
idol offenco, or on tho examination of any
person churged with such offenco, before a
justice, il shall bo tho duly of tho cnurt, on
Iho request of tho prosecuting attorney or
the party accused, to have the several
witnesses examined scparato and apart
from each othor.
59. When any person shall be in actual
confinement in jail, by virtue of a complaint
for nny critna or mUdemeanor, the su
preme court held in the county whero such
person is confined may, on application in
writing of such person, direct that an in
formation bo filed against him for tho uf
fenco fur which ho elands charged, and on
such information being filed, such court
may receive and record a plea of guilty,
and award sentence thereon, and hear and
determine any nuestion of law nrisinc on
such information.
(10. If upon nn infnrmntinn filed before
the supremo court ns nfnresnid, the res
pnndent shall plead not guilty ur any olhur
plea upon which an tssuo of foct shall bo
joined, such information with n certificate
of the proceedings thereon, shall bo remo
ved lo the county court for such county,
nnd ho there tried in the some manner ns
if n hill of indictment had been returned
agniust such respondent.
01. Ilanyperson is actually confined in
jail by virtue of a complaint for n crime or
misdemeanor, tho county court for the
county in which such person shall be con
fined, may, on motion in writing of mich
person, direct oa information lo bo filed
against him for uch offence, and on such
information being tiled, such court may
proceed in tho trial of such person in the
same manner oa if an indictment had been
presented against by the grand jury.
P." nVlnlirnuiiinn.nriUI.,! il..
linns shall not extend to nny crime for
which the punishment prescribed by law
is death.
63. If any person bound to appear before
tho county court on any criminal charge,
inlormatton nr indictment, shall not appear.
but forfeit his recognizance, tuch court
shall order a warrant to bo issued from
timo to lime, to lake tho body of such per.
son for trial, nnd the surety of such person
shall have power to take and deliver hun
up to the officer having such warrant, or
to the court that issued tho same, nnd on
chancering such recognizance, tho court
shall consider tho same in favor of such
surety.
G4. Every qucslion of law decided by
the county court arising nn demurrer, or
upon a triol by jury in a prosecution by
indictment or information for any crime
misdemeanor, may. nfter verdict of
guilty is returned, bo allowed and placed
upon tho record, if tho court upon consul.
oration of the difficulty and importance of
such question shall so direct, nnd not other
wise ; nnd the same shall (hereupon pass
lo the supreme court for n final decision,
and judgment, sentence and execution shall
be thereupon respited and staved.
G5. Lxceptions to tho decision of the
county court upon nny motion in arrest of
judgment made in a prosecution by indict
ment or intorraatinn may bo allowed ond
placed upon the record, if such court upnn
consideration ol the dimculty and impnr
lance of the question, shall so direct, and
not otherwise, and tho same shall theroup
on pass to the supremo court for n finol
decision, nnd judgment, sentence, and exe
cm inn shall thereupon be respited and
staved.
CO. If, on inspection of the record in nnv
uch cause, the supreme court shall bo nf
opinion that iudgmcnt ought to be render
ed upon (he verdict, such court shall pro
cecd to render judgment and sentence
thereon, according to law, and cause exe
culion thereof to be done ; otherwise the
cause shall bo removed to the county
court for trial, or judgment of acquittal
shall be rendered by the supremo court,
as law and justice tuny require.
G7. No writ of error shall be allowed
n criminal cause, prosecuted by indictment
or intormatiou,
When any person shall be prosecuted by
indictment or information for uttering and
publishing any libel, or fcr defaming tho
civil authority of this slate, the respondent
may plead the genoral issue, not guilty
and may give in evidence to the jury the
truth ol the words contained in such sup
posed libel, or set forth in such indictment
or information, and if thelruih nf the words
contained in such supposed libel so sot forth
in such indictment or information, are
proved to the satisfaction of the jury, they
llicv shall bring in their verdict not guilty
The foregoing chapter is now in force.
LAWS OF V Hit MO NT.
Passed at the scstion of the General Assem
blij, in October and November. A. D. IU39
An Act. rei ning iu the icviseil sunuei.
It is hereby enacted Ini the General A
sembhjof the stale of Vermont, as follows.
1. i ho commilteo who revised tho sta
tutes, or any three of them, are hereby
directed to prepare tho same, with th
Constitution of the United StatcB, and of
this state, for publicition. na soon ua may
be, and make a copious index lo the whole
nnd a concise rcferenco lo each section nl
the head of each chapter, and contract with
some responsible person to publish the same
2. Hefuro making any coutrnct. such
committee shall give notice, by publication
iu at least four nuwepapcrs printed in this
tote, that they will receivo proposals lor
printing the revised statutes, and shal
make tho contract with the person wh
shall propose to publish tho same on such
terms as in tho opinion of such committee
will bo most advantageous to tho Iho state
3. The contract shall stipulate for the
delivery of one hundred and seventy-five
copies of such stntutcs.whcn published, for
the bono it ol tho state.
4. When tho printintr of tho revised sta
tutca shall bo completed, the committee, or
anv threo of them shall corlily the samo to
havo been examined and compared by them
with tho original acts, and shall deposit n
copy, so certified, in Iho office of tho Se
cretary of Statu, which shall be conclusive
evidenco of such statutes.
5. Such certificate shall be printed in
each copy cf tho revised statutes, published
undor the direction of the committee, and
overy copy so printed, in which such corti
ficato shall bo inserted, may bo usad in
evidence in all courts of justice, and in till
proceedings beioro any officers, board or
body in this state.
6. This act shall be published with and
as a part of tho revised statutes.
Approved, November 19, 1039.
An Act, rotating tn t lie State Prison.
It it hereby enacted, t$'c Charles Hop
kins o'f Windsor. John Rloulton of Wood
stock nnd Otis Cnnmborlin of Pnmfrct, aro
hereby appointed n committer, nnd they
nro authorized to let out, for a term not
exceeding five years, from and after the
twentieth day nf March next, to nny person
or persons who will hire the samo, tho
labor of all the convicts in said prison, on
such terms oh shnll he agreed lo and de
termined ot; by the committee herein before
designated.
Provided however, that no contract of
letting, under the authority of this act,
shall bo valid, unless the contractor or con
tractors shall, at Ihc time of entering into
such contract or contracts, give security,
satisfactory lo tin committee, by bond with
sureties executed to the treasurer of thia
state; conditioned that said contractor or
contractors will wholly indemnify and savo
harmless the state from any expense what
ever on account of said prison, that shall
accrue during the term ol such contract or
contracts, ond faithfully fulfil and perform
the contract or contracts so made.
Provided also, that nothing in thia act
contained shall bo construed In give such
contractor or contractors any right to in
terfere in tho government of the prison,
and said prison shall be conducted and
governed by the superintendent and other
officers thereof, hi the same manner as has
heretofore been done.
2. Said comtniltco may receive and ac
cept proposals in writing for the hire of
the labor of said convicts, and thereon
cause a contract or contracts to be made,
subject to the conditions made in the first
prnviso to the fird section ofthts net, and
tho said committee shall give notice of tho
time and place nt which they will receive
and determine upon such pioposals, by pub
lication at least thirty days previous thereto
in ono newspaper printed nt Montpelior,
and ono newspaper printed nt Windsor in
this state, which publication shall be made
within thirty days after the day of passinrr
of ibis act.
3. It shall bo the duly of said committee
to close n cnnirnct with the person or per
sons making tho beat propositions for tho
interests ot the stale, also to report to tho
next General Assembly the nomes of all
the persons making proposnU of contract,
together with the propositions by them
made; also to report the contract by them
made, nnd also to stipulate in said contract
that the superintendent of said prison shall
at nil limes have liberty lo inspect tho
books of such contractor or contractors eo
far as they relate to the business and ex
penses otsaid prison, nndtotahe therefrom
such memorandums as he may see fit.
i. I ins act shall talte etiect immediately
upon the passing nf iho same.
Approved, November 11, 1839.
An Act, in alteration of i lie net providing for llie
reporting ni uie uecmoin ol ilicsuprems Couri,
npprotcd November 1, 1S37.
It is hereby enacted. Sec. Hereafter It
shall not be iho duty of the reporter of
Iho decisions of the Supreme Court, per
sonally toattend the sessions of said court.
but in all other things his duties shall bo
the samo ns before the pas-ing of this act.
2. Such reportor shall annually receive,
out of the treasury of this state, four hun
dred and fifty dollars, instead of seven hun
dred dollars, a? provided by the act lo
which this h an addition and alteration.
Approved. November 19, 1839.
An Act, relating lo highways.
It is hereby enacted -c Whenever
there hall he occunon for any new high
way in any town or towns in this statr,
the supreme court ond couniy courts shall
have the same power to take any real cs.
late1 casement or franchise of any turnpike
or othor corporation, when in their judg.
ment tho public good requires a public
highway, which such courts now have by
the laws of this slate, lo lay out highway
over individual or private property, and
the same power is granted, and tho same
rules shall be observed in making compen
sation to all such corporations and per
sons whose estate, easument, franchiie or
rights shall bo taken, as ore now granted
and provided in other cases.
Provided, That no such real estate, cases
ment or franchise, shall be taken in tho
manlier nud for Iho purposes aforesaid,
unless the whole of such real estate, ease
ment or franchise belonging to said corpo
ration, shall he token and compensation
made therefor.
2. Thin act shall take effect from tho
passage thereof.
Approved, November 19. 1839.
An Act, asseesing a la for the tupport of Go
eminent. It is hereby enacted &c.That there is
assessed a tux of three cents on the dollar
on Iho list nf the pulls and rateablo cstaii;
of the inhabitants of this state, for tho
year ono thousand eight hundred'' and
thirty. nine, to bn paid into Iho treasury by
the first day of Juno next, in money, cor.
lificntes or notes issued by the Treasure
of this stale, orders drawn by the auditor
of accounts against the stale, or in order
drawn by or under tho direction of tho su
premo or county courts.
Approved, Nov. 19, 1839.
An Act, ninlior.iilnj the Treasurer to boriotv tliu
sum therein mentioned.
It is hereby enacted i$-c That the Treas
urer of this statu is authorised to borrow a
sum not exceeding thirty thousand dollar-
in tho wholo, for the purpose of defraying
the expenses of the government and pay
ing appropriations that aro or may be made.
Approved, Nov, 19, 1839.
An Act, to repeal an act therein mentioned.
It is hereby enacltd tS-c The act enti
tled "an act relating to retailers of foreign
and domestic distilled spirits," approved
Nov, 5, 183U, is hereby ropealed.
2. This act shall take effect from onU
alter tho passage of tho samo,
Approved, Nov. 19, 1839.

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