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Provided always, and be it further enacted, that this act shall not extend to any thing future, or to any person or persons, who have taken possession of land to which they have no supposed title, after the first day of October, 1780; or to any person or persons who have taken possession of lands to which they have no legal title, after the first day of July, 1785; and that no person who hath ousted the rightful owner, or gotten possession of any improved estate by ouster, (otherwise than by a legal process) shall take any advantage or benefit by this act.
Be it further enacted, that if the plaintiff in the action of the case aforesaid, shall recover judgment in said action, no execution shall be granted in such case, until the expiration of six months after said judgment is recovered; and the writ of seizin or possession, shall be further stayed until the expiration of the said six months, unless the defendant in said action of the case, satisfy said judgment, either to the plaintiff recovering such judgment, or by paying the full sum of damages and cost so recovered, into the hands of the clerk of said court, for the plaintiff's use; in which case the clerk shall give a receipt for the sum so paid, and enter such judgment satisfied, and a writ of seizin or possession shall immediately issue.
Be it further enacted, that the defendant, in the declaration filed for damages as before mentioned in this act, shall not be allowed to demur to said declaration after the second day of the sitting of the court in which said action for damages is to be tried as aforesaid; and if judgment shall be given on demurer in favor of the defendant,'the plaintiff, within twentyfour hours after such judgment, or during the sitting of said court, shall have full liberty to file another declaration for the purposes intended by this act; and a trial shall be had in said action as soon as may be, after filing said last mentioned declaration; and the writ of seizin or possession shall be stayed, and the land shall be holden to respond the judgment as before is provided in this act.
Be it further enacted, that all actions commenced for the trial of the title of lands, or declaration filed for damages as aforesaid, shall be taken up in the same stage in which they were when the trial of them was suspended by the General Assembly, in October, 1783, and be prosecuted accordingly.
And be it further enacted, that where any prosecution has been commenced before the passing of this act, by action of ejectment, or other real or possessory action, before any court, against any person in possession as is before mentioned in this act, and judgment has been rendered in favor of the plaintiff, whether such judgment be final or not; or whether writ of seizin or possession on such judgment has been issued or not; and whether such possessor or possessors shall have been put out of said possession or not; such writ of sizin or possession, if not executed, shall be stayed for the term of six months from the passing this act; in which time, such possessor shall have liberty (by paying to the plaintiff, in such action of ejectment or writ of right, all his just costs in such action, and giving him, or his attorney, twelve days notice in writing, when and where he will file a declaration for the purposes intended by this act) to file a declaration in an action of the case, with the clerk of the court in which the plaintiff's action of ejectment, or other real or possessory action, was first commenced, and shall have all the advantages intended by this act.
LAWS PASSED, OCTOBER, 1785.
Provided always, and it is hereby enacted, that this act shall not extend to any person or persons settled on lands granted or sequestered for public, pious, or charitable uses; nor to any person who has gotten the possession of lands by virtue of any contract made between him and the legal owner or owners thereof.
Provided also, and be it further enacted, that nothing in this act shall be construed to deprive any person of his remedy at law against his voucher.
Be it further enacted, that no writ of right, or other real action, no action of ejectment, or other possessory action, of what name or nature soever, shall be sued, prosecuted or maintained, for the recovery of any lands, tenements, or hereditaments, where the cause of action has accrued before the passing this act, unless such action be commenced within three years next after the first day of July, in the present year of our Lord one thousand seven hundred and eighty-five.
AN ACT to repeal a certain clause in an Act, entitled, An Act for
Whereas, it appears that those who live without this State, that commence suits at law within this State, have greater fees for crossing the line of this State than is allowed by the neighboring States:
Which to prevent,
Be it enacted, &c. that a certain clause in an act, entitled, " An Act regulating Fees," passed at Westminster, October 17, 1783, allowing six shillings to plaintiff or defendant for crossing the line of this State, be, and hereby is repealed.
Be it further enacted, that plaintiff or defendant living without this State, in any suit that shall be commenced before any court in this State, be allowed three pence per mile for travel from the line of said State to the court, on the most direct road from the place of residence of such plaintiff or defendant to such court.
AN ACT directing what money shall be legal currency in this State, and at what rate the same shall pass.
Be it enacted, &c. that all genuine coined gold, silver and copper shall be legal money in this State, and shall pass as follows, viz:-all gold coin of the fineness of a half johannes, shall be at the rate of five shillings and four pence a penny weight; silver coin estimating the silver Spanish milled dollar weighing not less than seventeen penny weight and six grains, at six shillings each, and all other silver coins in proportion thereto, according to its weight and fineness; and all genuine coined coppers, three of which weighing not less than four penny weight fifteen grains oach, shall pass for two pence.
AN ACT to vacate the record of a deed on the book of records in the town clerk's office, in the town of Windsor.
Whereas, it appears by the testimony of sundry persons, and espe cially by the testimony of the former town clerk for said town of Windsor, that the record of a certain deed or conveyance of land, made by Watts Hubbard of said Windsor, to Benajah West, of Albany county, and David West, Elisha West, Mary West, and Abigal West, of Dutchess county, in the (then) province of New-York, made and executed on the eighth day of December, Anno Domini, seventeen hundred and seventyfive, was made on the said town book, through mistake, and contrary to the direction and intention of the person having the controul of the same,by reason of which record, it appears that great injury may be done to the persons who have the equitable controul of said deed, unless the same record can be vacated so far as to destroy its operation as evidence in courts of law, of the deed of which it appears to be a transcript;
Which evil to prevent,
Be it enacted, &c. that the record of said deed, as entered on the first book for recording deeds, in said town of Windsor, in the tenth and eleventh pages of said book, dated February 22, 1782, be, and the same is hereby declared to be, void, and the same shall not be received or admitted, in any court of law, as evidence of such deed of which it appears by said record to be a transcript.
AN ACT to continue in force the Laws of this State.
Be it enacted, &c. that every act and law of the Legislature of this State, which has not been expressly repealed or expired by its own limitation, be, and hereby is, continued force, until the rising of the General Assembly, in October next.
LAWS PASSED AT RUTLAND,
OCTOBER SESSION, 1786.
AN ACT to make such articles a tender upon execution, to the inhabitants of either of the United States, as are, by their respective laws, a tender upon execution.
Be it enacted, &c. that all articles, of what nature or kind soever, which now are, or hereafter shall be, by the laws of any or either of the United States of North-America, made a lawful tender upon an execu
tion, shall, during the existence of such laws, be a lawful tender, upon an execution to the inhabitants of such respective State, within this commonwealth.
And be it further enacted, that if any or either of the said United States, or either county thereof, shall, by reason of their civil commotions, tumults, riots, or disorders, be in such a situation that the inhabitants of this commonwealth cannot, by law, recover debts in such State or county; the inhabitants of such State or county shall be precluded from commencing any civil action in this State, against any subject thereof, or from recovering any judgment against either the subjects of this State, until the free exercise of law, for the recovery of debts, be restored to the subjects of this State, in such State or county.
AN ACT for prolonging the time in which the grantees of the lands, granted by this State, are obliged to settle the same.
Be it enacted, &c. that no forfeitures of lands, granted by this State, shall be taken till three years after the outlines of the town or towns in which the lands lie, have or may be run by order of the Legislature.
AN ACT to repeal part of an Act, entitled, " An Act constituting the Superior Court a Court of Equity, and declaring their power.
It is hereby enacted, &c. that such part of an act, entitled, "An Act constituting the Superior Court a Court of Equity, and declaring their power," as authorises the Governor, Council, and General Assembly, to hear and determine cases in equity, be, and is hereby repealed.
AN ACT to prevent the sale and transportation of Negroes and Molattoes out of this State.
Whereas, by the constitution of this State, all the subjects of this commonwealth, of whatever colour, are equally entitled to the inestimable blessings of freedom, unless they have forfeited the same by the commission of some crime; and the idea of slavery is expressly and totally exploded from our free government.
And whereas, instances have happened of the former owners of Negro slaves in this commonwealth, making sale of such persons as slaves, notwithstanding their being liberated by the constitution; and attempts been made to transport such persons to foreign parts, in open violation of the laws of the land.
Be it therefore enacted, &c. that if any person shall, hereafter, make sale of any subject of this State, or shall convey, or attempt to convey,
any subject out of this State, with intent to hold or sell such person as a slave; every person so offending, and convicted thereof, shall forfeit and pay to the persons injured, for such offence, the sum of one hundred pounds, and cost of suit; to be recovered by action of debt, complaint, or information.
AN ACT defining and limiting the jurisdiction of Justice Courts within this State, and directing the proceedings therein.
Whereas, it is essential to the wise and happy administration of government, and regular execution of law, that the jurisdiction of justices of the peace within this State, and there mode of proceeding, be exactly limited and defined: Therefore,
Be it enacted, &c. That every justice of the peace within his respective jurisdiction, be and is hereby fully authorised and empowered, 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.
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 empowered, to hear, try and determine, all pleas and actions of a civil nature (other than actions of defamation, and where the title of land is concerned) where the debt, or other matter in demand, does not exceed the sum of four pounds; and also to determine as aforesaid, on all specialties, notes of hand, and settled accounts, not exceeding the sum of six pounds; and to give judgment, and award execution thereon accord ingly.
And be it further enacted, that every justice of the peace, within his proper jurisdiction may, on application made, grant a summons, warrant or attachment, as the case may require, where the demand of the plaintiff doth not exceed the aforesaid sums, to cause the person or persons against whom application shall be made, or his or their goods, as the case may be, to be had before such justice, at such time and place as shall be directed in such precept; which precept shall be directed to the constable of the town where the defendant dwells, and shall be as follows, viz. To either of the constables of in the county of · By the authority of the State of Vermont, You are hereby commanded to summon A. B. of- in the county of " to appear before me, at o'clock of said day, to answer to C. D. of, in an action of plea to the damage of the plaintiff, six pounds, or under. Hereof fail not, and your doings hereon, with this summons, make due return according to law. Given under my hand at this
E. F. justice of peace. [Councillor, or Judge, as the case may be.]
Or if a warrant or attachment.
To either of the constables of, in the county of
By the authority of the State of Vermont, You are hereby com