proceed to the trial of a certain cause therein named upon the merits thereof;" "An act empowering the proprietors of Waterford to ratify and confirm the division and draught of said town as far as they are now compleated:" and "An act in addition to an act Entitled an act, directing the mode of passing laws;'" and the same being rend and considered severally, Resolved, To concur in passing the same respectively into laws. Ordered, That the Secretary acquaint the house therewith.

Mr. Robinson, from the Committee to whom was referred the bill Entitled "An act empowering Moses Heaton, Collector of a land tax on the town of Duxbury, to record his proceedings relating to the sales of land in said town" reported that, in their opinion, the said bill ought not to pass. The said report was accepted, and the bill being again read, Resolved, That the Governor and Council do not concur in passing the said bill, for the following reasons: It is the opinion of Council, that an act passed to confirm the vendue sale of any lands which have not been sold agreeable to the law authorizing such sale, will operate as a fraud on the former land owners, and the honest purchaser, under them, especially at a time when the right of redemption has expired. And further, it is our opinion, if valid, it will be deciding by act of legislation between party and party in matters where they have a right to be heard at Common law, and an interference with the judiciary. And further, that in its operation it will be compleatly ex post facto, and against the first Section of our bill of Rights.

The Council adjourned untill 9 O'clock tomorrow morning.

FRIDAY October 30th. 1801, 9 O'clock A. M.

The Council met pursuant to adjournment.

His Excellency laid before the Council sundry papers relative to the grant and survey of Harris Gore, and the same being read and considered, Resolved, That his Excellency the Governor be and he hereby is advised by Council to issue a Charter of Incorporation of Harris' Gore in due form agreeably to the return and survey of the Surveyor-General, as soon as his Excellency shall be furnished with a correct list of the original Grantees by the land Committee.

A bill, passed in the house of Representatives, Entitled "An act in addition to an act Entitled An act for the support of the Gospel," was sent up for revision &c. and being read & amended by erasing the preamble to the bill and the words "anything contained in any act to the contrary notwithstanding," at the end of the last proviso, when it was Resolved, To concur in passing said bill with the aforesaid amendments, and Mr Chamberlain directed to inform the house of the reasons of Council in proposing the same.

The following bills, passed in the house of Representatives, were sent up for revision and concurrence or proposals of amendment: "An act to revive and alter an act Entitled An act granting a tax of one penny per acre on the town of Johnson, and two pence per acre on Coits Gore,' passed Oct. A. D. 1794," and "An act directing the Treasurer to credit the town of Berlin the sum therein mentioned," and the same being severally read and considered, Resolved, to concur with the house in passing the same respectively into laws. Ordered, That the Secretary acquaint the house therewith.

On motion, Mr. Galusha obtained leave to bring in a bill Entitled “An act in addition to an act Entitled An act regulating the office and duty of the Secretary of State,'" and the same being read, Resolved, That

the said [bill] do pass, and that it be engrossed, and sent to the house for their revision &c.

Adjourned to 2 O'clock P. M.

2 O'CLOCK P. M.

Mr. Galusha, from the Committee to whom was referred the bill Entitled "An act granting leave to the Administratrix on the Estate of Joseph Powers to sell real Estate," reported sundry amendments to be made therein, which were adopted & then Resolved, To concur in pass. ing the said bill as amended, and Mr. Galusha directed to carry down said bill and inform the house of the reasons of Council in proposing the said amendments.

Mr. Allis, from the Committee to whom was referred the bill Entitled "An act making it the duty of the several towns in this State to perambulate the outlines thereof within a certain time therein mentioned," reported a new bill with this title, "An act directing the perambulation of the outlines of the several towns in this State," which report was accepted, and the bill being read, Resolved, That the same do pass, and Ordered, That it be engrossed and sent to the house for their revision &c.

6

The following bills, passed in the house of Representatives, were sent up for revision and concurrence or proposals of amendment: "An act directing the manner in which a place or places shall be established for a Grammar school or schools in the County of Orange;" "An act in addition to an act Entitled An act for the distribution of the laws, journals, and other public papers;'" and " An act assessing a tax of two cents per acre on the town of Berlin." which were severally read and considered, and then it was Resolved, To concur in passing the same respectively into laws. Ordered, That the Secretary acquaint the house therewith.

Mr. Robinson, member of the house of Representatives, appeared and returned the bill Entitled "An act in addition to an act Entitled An act for the support of the Gospel," and informed the Council that the house had nonconcurred to the amendments by them proposed, and after assigning the reasons for the same, he withdrew.

The following written message was received from the house:

“In General Assembly Oct. 30th. 1801. The amendments proposed by the Governor and Councill to the bill Entitled "An act granting leave to the Administratrix on the Estate of Joseph Powers to sell real estate," have been concurred in by the house, and the bill passed as amended.

Attest

JAS. ELLIOT Clerk."

The Council adjourned untill 9 O'clock Tomorrow morning.

SATURDAY, October 31st. 1801, 9 O'clock A. M.

The Council met pursuant to adjournment.

The Governor and Council pursuant to adjournmeut repaired to the Representatives' room and met in joint Committee for the purpose of compleating the County Elections, and having accomplished the same, the joint Committee was dissolved, and the Governor and Council returned to their Chamber.

The following bills, passed in the house of Representatives, were sent up for revision and concurrence or proposals of amendment, "An act directing the Treasurer of this State to pay to Samuel Mattocks Esquire, late Treasurer of this State, the sums therein mentioned," and "An act establishing a County Grammar School in the town of Newfane in the

County of Windham," and the said bills being severally read and considered, Resolved, To concur in passing the same respectively into laws. Ordered, That the Secretary acquaint the house therewith.

On motion, Resolved, That the Governor and Council do rescind from their former proposals of amendment to the bill Entitled "An act in addition to an act Entitled 'An act for the support of the Gospel,'" and that that they do concur in passing the same, with these amendments: erase all the preamble after the word "worship," in the eighth line, and also erase the word "any" in the 4th line of the last proviso, and insert the word "this" in lieu thereof. And Mr. Galusha requested to carry down said bill and assign the reasons of Council for the aforesaid amendments. Adjourned to 2 O'clock P. M.

2 O'CLOCK P. M.

On motion, Ordered, That Mr. Miller have liberty of absence for the remainder of the session on Monday next.

A bill, passed in the house of Representatives, Entitled "An act in addition to an act Entitled 'An act relating to weights and measures,' was sent up for revision &c. and being read & amended, Resolved, To concur in passing the said bill into a law, with the proposal of amendments accompanying the same, and Mr. Chamberlain appointed to carry down said bill and assign to them the reasons of Council.

The Council adjourned untill 9 O'clock on Monday morning..

MONDAY, November 2nd. 1801, 9 O'clock A. M.

The Council met pursuant to adjournment.

A bill, passed in the house of Representatives, Entitled "An act in addition to an act entitled 'An act appointing State's Attornies and Clerks of the Supreme Court in the several Counties in this State, and regulating their office and duty,' passed Nov. 10, 1797," was sent up for revision &c. and the same being read was amended by erasing the words "& State's Attornies" in the fifth line of said bill, and then it was Resolved, To concur in passing the same, with the said proposal of amendment. Ordered, That Mr. Loomis carry down said bill and assign to the house the reasons of Council for the said amendment.

A bill passed in the house of Representatives, Entitled "An act in addition to and in alteration of an act Entitled 'an act for the due observance of the sabbath,'" and also in addition to the act Entitled "An act constituting the Supreme Court of Judicature and County Courts, defining their powers and regulating Judicial proceedings," was sent up for revision &c. and amended by inserting the words "first day of February next," in lieu of the words "passing of this act," in the 1st and 4th. Sections, and then Resolved, To concar in passing the said bill as amended, and Ordered, That Mr. Safford carry the same to the house and inform them of the reasons of Council in proposing the said amendments. The following written message was received from the house :

"In General Assembly Nov. 2d. 1801. The amendments proposed by the Governor and Council to the bill Entitled "an act in addition to an act relating to weights and measures" are concurred in and the bill as amended has become a law.

A bill passed in the house of Representatives, Entitled "An act regulating proceedings in law and preventing unnecessary expense therein," was sent up for revision &c. & being read, Ordered, That it be referred to a Committee of three members to take the same under consideration

and report thereon-Members Chosen Mr. Galusha, Lt. Governor, and Mr. Robinson.

Adjourned to 2 O'clock P. M.

2 O'CLOCK P. M.

The following resolution was reced from the house :

"In General Assembly Nov. 2, 1801. Resolved, the Governor and Council concurring therein, that they meet the General Assembly in the Representatives' room, at the opening of the house tomorrow morning, for the purpose of appointing a Justice of the Peace in the town of Brookfield, and transacting any other business which may be necessary. Extract from the Journals.

Attest

JAS. ELLIOT, Clerk."

And the same being read, Resolved, To concur therein with this amendment-erase the words at the end of the resolution, "transacting any other business, which may be necessary," and insert in lieu thereof "for the Election of any other County officers."

Ordered, That the Secretary inform the house of the same.

A bill, passed in the house of Representatives, Entitled "An act remitting a certain fine to Thomas Osgood," was sent up for revision &c. and the same being read and considered, Resolved, To concur with the house in passing the said bill into a law. Ordered That the Secretary acquaint the house therewith.

The resolution relative to the appointment of a Justice of the Peace in Brookfield was returned from the house with the amendment proposed by Council concurred in.

Mr. Shaw, member of the house, returned to the Council the bill Entitled "An act in addition to an act Entitled 'an act for the support of the Gospel,'" with this order of the house thereon.

"In General Assembly Nov. 2, 1801. Read and concurred in the first above proposed amendment, and nonconcurred in the second amendment, And Mr. Shaw was appointed to carry up the bill and assign the reasons of nonconcurrence.

Att.

JAS. ELLIOT Clerk."

Mr. Shaw, after stating the reasons of the house, withdrew. On motion, Resolved, That the Governor and Council do rescind from their amendment nonconcurred by the house, and do concur in passing said bill, with the following amendments: That after the word "Sections" in the third line of the first Section add these words, "and the providing clause," and at the end of the bill subjoin the following proviso: "Provided, also, and it is hereby further enacted, That this act shall not be construed to affect, alter, or make void any written agreement or contract voluntarily made and entered into by and between the individuals of any town or parish, for the settlement or support of a minister, or for building a meeting-house; but shall be construed to affect such proceedings only as have been passed by the general votes in such town or parishes respectively," and Ordered, That Mr. Brigham carry down said bill and assign to the house the reasons of Council for the aforesaid amendments.

The following bills, passed in the house of Representatives, were sent up for revision and concurrence or proposals of amendment: "An act empowering the Judge of Probate for the district of Bennington to grant licence to Hope Clark to sell land," & "An act aunexing the Seventh School district in Newhaven in Addison County to the Northeast School district in Middlebury in said County," and the said bills being severally read and considered, Resolved, To concur in passing the same

respectively into laws. Ordered, That the Secretary acquaint the house therewith.

The Council adjourned untill 9 O'clock Tomorrow A. M.

TUESDAY, November 3d. 1801, 9 O'clock A. M.

The Council met pursuant to adjournment.

The Governor and Council, pursuant to the Concurrent resolution of both houses, repaired to the Representatives' room for the purpose expressed in the same, and met the house in joint Committee, and havÎng finished the said business the Committee then dissolved, and the Governor and Council returned to their chamber.

A bill passed in the house of Representatives, Entitled "An act in addition to and in alteration of an act Entitled An act directing the publication of advertisements in the newspapers therein mentioned,' passed 5th Nov. 1799," was sent up for revision &c. and being read and amended by filling the blank in the third line of the Section with the word "January," Resolved, To concur in passing the same, as amended.

A bill passed in the house of Representatives, Entitled "An act laying a tax of two cents per acre on the lands in the town of Williston, County of Chittenden, lying east of the dividing line between the said town of Williston and Burlington as established by an act Entitled 'An act, describing the division line between Burlington and Williston,' passed the 8th Nov. 1797, and west of the east chartered line of said Burlington, for the purpose therein mentioned," was sent up for revision &c. and being read, Resolved, To concur with the house in passing said bill into a law.

A bill, passed in the house of Representatives, Entitled "An act establishing the location of lands in Robinson District, in the town of Woodford," was sent up for revision &c. was read, amended & Resolved, To concur in passing the same with the said proposal of amendment. The following resolution was received from the house :

"In General Assembly Nov. 3, 1801. Resolved that a Committee of three members be appointed to join a Committee of Council, to examine into the unfinished business of the present session, and report the time the house may probably rise. Members Chosen, Mr. Linsley, Mr. Eln. Keyes and Mr. Niles. Extract from the Journals. Attest JAS. ELLIOT Clerk." And the same being read, Ordered, That Mr. Chamberlain and Mr. Spooner do join the afores. Committee.

On motion, Resolved, The house of Representatives concurring therein, that a bill Entitled "An act regulating proceedings at law, and for preventing unnecessary expence therein," which passed in the General Assembly and has been sent to the Governor and Council for their revision &c. be referred untill the next Session of the legislature. And Mr Galusha was requested to carry this resolution to the house and assign the reasons for passing the same.

Adjourned to 2 O'clock P. M.

2 O'CLOCK P. M.

A bill, passed in the house of Representatives, Entitled "An act to prevent Duelling," was sent up for revision &c. and being read, Ordered That it be referred to Mr. Strong and Mr. White to report their opinion. The following bills, passed in the house of Representatives, were sent up for revision and concurrence or proposals of amendment: "An act assessing a tax of one cent on the dollar on the list of one Thousand eight hundred and one," and "An act for the purpose of establishing a