Vermont: Records of the Governor and Council of the State of Vermont ...

County Grammar school at Waterbury in the County of Chittenden," and being severally read, Resolved, To concur in passing the same respectively into laws. Ordered, That the Secretary acquaint the house therewith.

The following written message was sent up from the house:

"In General Assembly Nov. 2, 1801. The amendments proposed by the Governor and Council to the bill Entitled "an act in addition to and alteration of an act Entitled 'an act for the due observation of the sabbath,'" and also in addition to an act Entitled "an act constituting the Supreme Court of Judicature and County Courts, defining their powers, and regulating judicial proceedings," have been concurred in the General Assembly and the bill has been passed as amended. Attest JAS. ELLIOT Clk.” The resolution of Council referring to the next Session of the legislature "An act regulating proceedings in law, and for preventing unnecessary expence therein," was returned from the house concurred. The following written message was received from the house :

"In General Assembly Nov. 3, 1801.

The amendments last proposed by the Governor and Council to the bill Entitled "An act in addition to and in alteration of an act Entitled 'An act for the support of the Gospel," have been concurred by the house, and the bill passed as amended.

Attest

JAS ELLIOT Clerk."

The Council adjourned untill 9 O'clock tomorrow morning.

WEDNESDAY, November 4th. 1801, 9 O'clock A. M.

The Council met pursuant to adjournment.

The following bills, passed in the house of Representatives, were sent up for revision and concurrence or proposals of amendment: "An act laying a tax on the County of Chittenden ""An act establishing an Academy in the Town of Brattleboro' in the County of Windham ;" "An act empowering the Treasurer to pay to Jacob Adams the sums thorein mentioned :" "An act, in addition to an act Entitled 'An act directing the organization of the County of Essex;'" "An act supplementary to an act Entitled 'An act for regulating and governing the Militia of this State" "An act ratifying and making valid a Certain March meeting in the town of Bethel ;""An act to remit a fine to Julius Colton ;" and "An act altering the times for holding the County-Courts in the County of Orleans" and the said bills, being severally read and considered, Resolved, To concur with the house in passing the same respectively. Ordered, That the Secretary acquaint the house therewith. A bill, passed in the house of Representatives, Entitled "An act granting to John W. Blake, Calvin Knoulton, and their associates, the privilege of building a toll bridge over West-River, in Brattleboro'; was sent up for revision &c. and being read and amended, Resolved, To concur in passing the said bill with the proposals of amendment accompanying the same.

A Letter from Genel Ira Allen, relative to his having purchased arms in France for the Citizens of this State, pursuant to instructions suggested to have been given by the late Gov. Chittenden, and soliciting the privilege of furnishing such arms &c. was sent up from the house with this order thereon.

"In General Assembly Nov. 4, 1801. This communication read and referred to Mr. Chipman, Mr. Theo Harrington and Mr Witherell to join such Committee as the Council may appoint, to sit immediately, state facts, and make report.

Attest

JAS. ELLIOT Clerk."

And the same being read, Ordered, That Mr. Galusha and Mr. Chamberlain join the aforesaid Committee.

On motion, Mr. Galusha obtained leave to introduce a bill Entitled "An act in addition to an act Entitled 'An act constituting the Supreme Court of Judicature and County Courts, defining their powers and regulating Judicial proceedings,'" and the same being read and considered, Resolved, That the said bill do pass, and Ordered, that it be engrossed and sent to the house for their revision &c.

The following written message was received from the house:

“In General Assembly Nov. 3, 1801.

The amendments of the Governor and Council to the bill Entitled "An act in addition to and in alteration of an act Entitled 'An act in addition to an act Entitled An act directing the publication of advertisements in the newspapers therein mentioned &c."" and to the bill Entitled "an act establishing the location of public lands in Robinson district in the town of Woodford," have been concurred by the house and the bills are passed as amended. Attest JA ELLIOT Clerk." Adjourned to 2 O'clock P. M.

2 O'CLOCK P. M.

The following bills, passed in the house of Representatives, were sent up for revision and concurrence or proposals of amendment, "An act in addition to an act Entitled 'An act for the punishment of certain inferior crimes and misdemeanors,"" "An act appointing a Committee to lay out and survey a County road from the Court-house in Newfane in the County of Windham to the north line of said County, in a direction to Rutland," & "An act repealing an act Entitled 'An act for the preservation of Fish and Musk-rats,' passed 3rd. Nov. A. D. 1797," 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.

A bill passed in the house of Representatives, Entitled "An act to encourage the increase of Sheep," was sent up for revision &c. and the same being read and amended, Resolved, To concur in passing said bill into a law, with the proposals of amendment accompanying the same. The following written message was received from the house:

"In General Assembly Nov. 4th. 1801.

The house have concurred in the bill sent down from Council Entitled "An act in addition to an act Entitled 'An act relating to the office and duty of Secretary of State,'" and the same has passed into a law. And they have concurred in the amendments of the Governor and Council to the bill Entitled "An act to incorporate the proprietors and owners of an acqueduct in the vicinity of Bellamaqueen Bay &c." and the bill as amended is passed into a law. Attest JAS. ELLIOT Clk." The Council adjourned to 9 O'clock Tomorrow morning.

THURSDAY, November 5th. 1801, 9 O'clock A. M.

The Council met pursuant to adjournment.

A bill, passed in the house of Representatives, Entitled "An act reviving an act Entitled 'An act laying a land tax on Topsham,'" was sent up for revision &c. and the same being read, Resolved, To concur with the house in passing the said bill into a law.

The following written message was received from the house: "In General Assembly Nov. 5, 1801. The General Assembly have concurred in a bill Entitled "An act in addition to an act Entitled 'An act constituting the supreme Court of

Judicature and County Courts, defining their powers, and regulating judicial proceedings,' and the same is passed into a law. And they have referred to the next Session a bill sent down from the Governor and Council Entitled "An act directing the perambulation of the outlines of the several towns in this State."

A bill, passed in the house of Representatives, Entitled "An act restoring Solomon Curtiss to his law," was sent up for revision &c. and the same being read and considered, Resolved, That the Governor and Council do nonconcur with the house in passing the said bill into a law, and assign the following reasons for the same, viz.

1st. That a large Committee of both houses, consisting of persons mutually agreed on by the Parties, have, after a full hearing, reported that the prayer thereof ought not to be granted.

2nd. That it appears from the statements made to the Council, that a material point upon which the said cause was decided before both the Freeholders and County Court, was the quality of a certain possession fence, by which said Patridge claimed possession, the true situation of which must from the nature of the case have been fully in the power of said Curtiss to have shown on trial, or afterwards, before he was precluded by law from being heard on a motion for a new trial before the County Court.

3rd. Because it appears inconsistent to the Council to grant the prayer of a petition contrary to the report of their Committee, without going into evidence on the merits of the petition in order to enable them to determine whether the Committee have misjudged in the business.

Ordered, That the same be transmitted to the house by the Secretary. The following bills, passed in the house of Representatives, were sent up for revision and concurrence or proposals of amendment: “An act for the relief of Moses L. Bayley of Newbury;" "An act repealing an act Entitled 'an act dividing the State into districts for the election of Representatives to the Congress of the United States, and directing the mode of their election;'" "An act laying a tax of three cents per acre on Walden Gore;" & "An act to prevent damage which may be done by timber to the owners of lands lying on and adjoining Connecticut River;" and the same being severally read & considered, Resolved, To concur in passing the said bills respectively into laws.

A bill, paseed in the house of Representatives, Entitled "An act laying a tax of two cents on each acre of land in the town of Somerset," 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 amendment accompanying 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 appointing a Committee to lay out and survey certain roads therein mentioned," was sent up for revision &c. and the same being read and considered, Resolved, That it be recommended to the General Assembly to refer the consideration of said bill to the next session of the legislature. Ordered, That the Secretary acquaint the house therewith.

The following bills, passed in the house of Representatives, were sent up for revision and concurrence or proposals of amendment: "An act appointing Commissioners to ascertain the Claims of the different claimants to the township of Danville, and report a plan from which a Charter may issue which will do justice to the several parties concerned," and “An act reviving an act Entitled 'An act granting a tax of one half penny on each acre of land in the township of Alburgh;'" and the said

bills being severally read and considered, Resolved, To concur in passing the same respectively into laws.

The following resolution was sent up from the house of Representatives: "In General Assembly Nov. 5, 1801. Resolved, the Governor and Council concurring therein, that the Secretary of State transmit to the Governor of this State five copies of the concurrence of the legislature of this State to the Resolutions from the legislature of the State of Maryland. properly authenticated, as passed by both houses, under the seal of his office. And further Resolved, That his Excellency be and he hereby is requested to transmit a copy of such concurrence, authenticated as aforesaid, to each of the Senators and Representatives in Congress, and inform our Senators that it is our wish that they should esteem themselves instructed, and the Representatives that they should esteem themselves requested, to afford their aid in carrying such concurrence into effect.

Extract from the Journals.

Attest

JAS. ELLIOT Clerk."

And the same being read, Resolved, That the Governor and Council do concur therein.

A bill, passed in the house of Representatives, Entitled "An act for the laying a Post-Road from the north line of Huntsburgh [Franklin] in the County of Franklin to Hinesburgh in the County of Chittenden," was sent up for revision &c. and the same being read, Resolved, That it be recommended to the General Assembly to refer the consideration of said bill to the next session of the Legislature, and Mr. White was requested to carry down said bill and assign the reasons for said recommendation.

A bill passed in the house of Representatives, Entitled "An act establishing certain divisions of lands in the township of Fairfax," was sent up for revision &c. and being read and amended, Resolved, To concur in passing the same as amended, and Mr. Spooner appointed to carry down said bill and inform the house of the reasons of Council in proposing the said amendments.

The following bills, passed in the house of Representatives, were sent up for revision and concurrence or proposals of amendment: "An act in addition to an act Entitled 'an act defining what shall be deemed and adjudged a legal settlement, and for the support of the poor, for designating the duties and powers of the overseers of the poor, and for the punishment of idle and disorderly persons,' and for repealing part of the same;" "An act to repeal an act passed the 4th day of November 1797, establishing for the time being the jurisdictional lines between the towns of Newbury, Topsham, Orange, Barre, Corinth, Washington, and Williamstown;" "An act in alteration of an act Entitled 'an act granting to Daniel Taylor and his associates the privilege of erecting a toll bridge over West River, in the town of Dummerston,' passed Ŏct. 28th. 1797" "An act empowering the Judge of Probate for the district of Caledonia to grant license to Enos Stevens to sell certain lands;" "An act explanatory of an act Entitled 'An act relating to Goals and Goalers, and for the relief of persons imprisoned therein;'" & "An act to free the body of Nathaniel B. Dodge from arrest on civil process, for the time therein mentioned;" and the said [bills] being severally read & Considered, Resolved, To concur with the house in passing the same respectively into laws. Ordered, That the Secretary acquaint the house therewith.

Mr. White, from the Committee appointed on the bill Entitled "An act to prevent duelling," reported sundry amendments to be made

therein, which report was accepted & then it was Resolved, To concur in passing the same as amended.

On motion, Resolved, The house of Representatives concurring therein, that the Governor and Council meet the General Assembly, in the Representatives' room, at eleven O'clock tomorrow morning, for the purpose of adjourning the Legislature without day. Ordered, That the same be transmitted to the house by the Secretary. The above resolution was returned from the house concurred.

The Council adjourned untill 8 O'clock tomorrow morning.

FRIDAY November 6th. 1801, 8 O'clock A. M.

The Council met pursuant to adjournment.

On motion, Resolved, That Mr. Allis, assisted by the Secretary, be a Committee to prepare the Debenture of Council.

A bill, passed in the house of Representatives, Entitled "An act in addition to an act 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,' was sent up for revision &c. and being read, Resolved, To concur with the house in passing the said bill into a law.

Mr. Theo Harrington, Member of the house, returned to Council the bill Entitled "An act restoring Solomon Curtiss to his law in a certain case," which the Council had nonconcurred, and informed them that the house insisted upon the passing of said bill, and after having assigned the reasons of the house for the same, he withdrew. The said bill being again read and considered, Resolved, To recede from the vote nonconcurring said bill, and to concur in passing the same with the proposal of amendment transmitted with said bill.

Mr. Allis reported the Debenture of Council, which was accepted as follows, viz.