Newspaper of Burlington Free Press, December 13, 1839, Page 1

Newspaper of Burlington Free Press dated December 13, 1839 Page 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 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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