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ministrators, in a special action on the case, to be brought for that purpose.
And be it further enacted, that when any justice of the peace shall have rendered judgment in any cause, on confession or otherwise, and before execution shall be granted thereon, shall die, or be otherwise removed, the party recovering such judgment, shall have right to a scire facias, returnable at the county court of the county in which such judgment was had, against the defendant or defendants; and upon producing to the said county court the record of the said judgment, or a copy attested by the justice so removed, shall recover a judgment for such sum as shall appear to be unpaid, and for all additional costs; and execution shall issue accordingly.
AN ACT directing the form of passing Laws.
Be it enacted, &c. that when the Governor and Council shall lay any bill before the General Assembly, and the same shall be passed by the Assembly without amendment, the Council shall be informed thereof by a written message; and the same shall be considered and recorded as a law of this State.
That when a bill shall originate in, and be agreed to by, the Assembly, it shall be sent to the Governor and Council for their perusal and proposals of amendment; and if no amendment shall be by them proposed within three days, or before the adjournment or rising of the Legislature, the said bill shall be returned to the Assembly, and passed into and recorded as a law. And if amendments shall be proposed to any bill, and the Assembly concur therein, the Council shall be informed thereof by a written message; and the said bill shall then be a law. But if all or a part of the proposed amendments shall not be concurred in by the Assembly (the reasons for which amendments shall be given verbally, or in writing) the bill shall be returned to the Council, and the reasons of such non-concurrence be given, either verbally or in writing, that the Council may, if they shall think proper, proceed further thereon. And if the Council shall not, within three days, or before the rising of the Legislature, propose further amendments which shall be agreed to by the Assembly, the said bill shall be returned to the Assembly, and considered and recorded as a law.
And be it further enacted, that if it shall so happen that the Council and Assembly cannot separately agree upon a bill, when amendments shall be so proposed as aforesaid, they shall meet in grand committee, in order that the wisdom of both Houses may be properly obtained; after the dissolution of which committee, the Assembly shall take them into consideration, and proceed as is above mentioned.
And be it further enacted, that all bills remaining with the Council at the rising or adjournment of the Legislature, at every sitting thereof, shall by the Council be delivered to the Secretary of the State.
AN ACT allowing the scales of depreciation in other States, for the settlement of debts contracted in those States.
Whereas, divers obligations, for continental money, are brought from different parts of the United States of America, into this State for payment; and as the settling such obligations, according to the scale of depreciation established by this State, appears to be very injurious to the debtor. For remedy whereof,
Be it enacted, &c. that when, and so often as any obligation for continental money shall be brought from any of the United States of America into this State, for settlement, the several courts before whom suits for such obligations may be depending, shall render judgment on such obligations, according to the scale of depreciation of the State in which such contract was made.
AN ACT to supend the trial of the Titles of Lands for the time therein limited.
Whereas, at the time of the first settlement of the inhabitants of this State, there was a diversity of titles held up to view, and many of the good people of this State have purchased titles which were viewed by them to be good at the time of purchase, and they have settled on the lands under such titles, and made large improvements, which, if the strict rules of law are attended to, others who have neglected the settlement of the said lands will enjoy the fruits of their labors. And whereas, the Legislature are determined, as soon as can be consistent with the constitution, to make such regulations as will do equal justice to the settlers and the claimers. Therefore,
Be it enacted, &c. that the trial of all titles of land within this State be, and is hereby suspended until the rising of the Assembly, in October next; except where two persons or parties claim lands under different charters from the same authority.
AN ACT to set aside and render null and void in law a certain order therein mentioned.
Whereas, William Parker of Shaftsbury, in the county of Bennington, on the ninth day of September, 1779, before the honorable Moses Robinson, Esq., one of the assistants, pursuant to the appraisement of John Warner, Joseph Safford and Nathaniel Spencer, freeholders, summoned and sworn to appraise a certain damage complained of by said Parker, against the select-men of the town of Shaftsbury, in laying a road or highway through said Parker's farm, recovered by the order of said assistant and freeholders against said select men, the sum of three hundred and sixty-seven pounds ten shillings, continental currency, and cost. And whereas, by attentive evidence, it appears an allowance for highway, in
the laying out and original survey of said Parker's farm was allowed; which makes it unjust said order or determination of said assistant and freeholders should be of any force or validity in law.
Be it enacted, &c. that the order and determination of Moses Robinson, Esq., assistant, made on the ninth day of September, 1779, between William Parker and the select-men of the town of Shaftsbury, and the appraisment of the freeholders respecting the premises, as above related, be and hereby is declared to be null and void in law, and incapable of being given in evidence in any court of law or equity within this State, to support any action thereon; any law, usage or custom to the contrary notwithstanding.
And be it further enacted, that the said William Parker shall have liberty to proceed in like manner for recovery of any damages he may have sustained by laying said highway through his farm, as he might have done before the making of the said order; and that all the costs which have arisen in making the aforesaid order and the judgment thereon rendered, and also the costs which have accrued in the county court in an action commenced upon the said order or judgment, shall be be determined by the event of the suit or proceedings to be hereafter had.
AN ACT to stay an execution, and grant a sum of money for the pose of paying and satisfying the said execution.
Be it enacted, &c. that the execution issued at the suit of Jonas Clark, of Boston, by the supreme court of this State, against Leonard Spaulding and Timothy Underwood, be and hereby is stayed for the term of three months from the time of the passing of this act; and if the said execution be already levied on the goods, chattels, lands, body or bodies, of the said Leonard or Timothy, and be now in the hands of the officers or any other person or persons whatsoever, such officer, person or persons, are hereby required and commanded immediately, on being made ac quainted with this act, to deliver the same to him or them who were the proper owners, and the body or bodies of him or them to release.
And be it further enacted, that the treasurer of this State be, and he hereby is directed to pay as soon as may be, for the purpose of paying and satisfying the aforesaid execution, the sum of forty pounds, eleven shillings and four pence. Provided, the aforesaid Spaulding and Underwood (previous to taking benefit of this act) become bound with sufficient sureties to the State's attorney in the county of Windham, to be accountable for the avails of the farm which occasioned the aforesaid suit, and satisfy the sheriff or officer for the cost that was already accrued on said execution.
AN ACT for establishing Post-Offices within this State.
Whereas, the business of promulgating the laws, conveying timely notice to the freemen of the State, of all proprietary proceedings, and other
matters of importance to the public, can, in no other way, be effected so extensively and attended with so small expense, as by the appointment of regular posts for the purpose of conveying the same to the parts of this State.
Be it enacted, &c. that there be five post-offices established within this State; one in Bennington, one in Rutland, one in Brattleborough, one in Windsor, and one in Newbury, under such regulations as are established for the government of the post-offices in the United States. That the post-rider from Bennington to Brattleborough be allowed three pence per mile, travel, and those on each of the other routs, two pence per mile and that the post-masters be directed to keep a regular account of all profits and emoluments arising out of this measure, and exhibit the same to his Excellency the Governor, and the Honorable Council of this State when requested.
And be it further enacted, that, until the further order of this Legislature, the post-riders from the several offices shall be entitled to an exclusive right of carriage, and enjoy the advantage of the fees arising from the carriage of letters and packets of every kind; and that the rate of postage be the same as in the United States.
And be it further enacted, that no person presume to ride on either of the routs of such established posts,for the purpose of carrying letters, packets or other matters, particularly within the province of such established posts to carry, on penalty of paying the sum of £10 to and for the use of any post-master who shall prosecute the same to effect, for every such of
And be it further enacted, that his Excellency the Governor and such other persons as the Legislature shall, in future, authorise, shall have authority, to frank any letters or packets; for which letters or packets no postage shall be demanded.
AN ACT to enable the Governor and Council to pardon certain persons therein described.
Whereas, certain persons in the county of Windham have traiterously taken up arms against, and otherwise opposed, the authority of this State; and it being suggested that many of such persons are penitent and desirous of returning to their duty, and that, probably, during the recess of this House, some, or all of them will petition for the pardon of their said offences.
Be it therefore enacted, &c. that his Excellency the Governor and the Honorable the Council be and hereby are invested with the same power and authority possessed by this House, upon application made to them, during the recess of the Legislature, upon such conditions as to them shall appear necessary and just, to pardon any of the inhabitants of Windham county, who have heretofore professed themselves subjects of the State of New-York.
AN ACT to reverse the several Judgments therein mentioned.
Whereas, Joshua Prouty, late of Leominster, deceased, in his life time, obtained a note for money against Richard Prouty, and a note against Elijah Prouty, and a note against John Pike, and died in the year one thousand seven hundred and seventy-eight: and whereas suits on the said notes were commenced before John Barrett, Esquire, justice of the the peace within and for the county of Windsor, after the death, and in the name, of the said Joshua Prouty, and judgment was rendered by the said Justice Barrett on the ninth day of August last, in favor of the said Joshua deceased, on the said several suits against the said Richard Prouty, Elijah Prouty and John Pike.
And whereas, the said Richard Prouty is the legal administrator to the said Joshua Prouty, and is greatly hindered from administering the estate of the said Joshua, by means of the rendering the said judgments.
Be it therefore enacted, &c. that the said several judgments, so rendered as aforesaid, are hereby reversed and declared null and void.
LAWS PASSED AT RUTLAND,
OCTOBER SESSION, 1784.
AN ACT appointing Commissioners to make reprisal in a case therein mentioned.
Whereas, Micah Townsend, of Brattleborough, in Windham county, Esquire, has represented and proved to the satisfaction of this House, that he has been arrested in the State of New-York, by Seth Smith, of said State, in an action of trespass, wherein the said Seth states his damages at one thousand pounds-that the said Micah was obliged to give bail in the said suit, in the sum of two thousand pounds, for his appearance at court-and that the said suit was commenced and prosecuted against the aforesaid Micah, solely for his acting in the line of his duty, an officer and subject of this State : and whereas, this Legislature view themselves bound, by every tie of honour and justice, to protect and indemnify the subjects and officers of the State while acting agreeable to their duty:
Be it therefore enacted, &c. that Briant Brown, Stephen Jacob, and Benjamin Wait, Esquires, of Windsor, in the county of Windsor, be, and hereby are, appointed commissioners to make seizure of so much of the lands owned by any one or more of the subjects of the State of NewYork, lying within this State, as will raise the sum of one thousand five hundred pounds, lawful money, in specie, when sold at public vendue.
That it is hereby declared to be the duty of said commissioners, or a