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&c.'” reported the following Amendments—To Erase after the word " within," in the Fifth line of the Second Page and Second Section, the remainder of the Section, and insert in lieu thereof the following words, “ Thirty days from the rising of said Court take out his Execution on said judgment and deliver the same to a proper officer, nor unless a 'non est inventus' shall be regularly made thereon, within sixty Days from the rising of the Court as aforesaid;" and to strike out the whole of the fourth and fifth Sections ; which report was accepted, and, on Motion, Resolved, That the Council do concur in passing the said [bill] with the proposed amendments, and Ordered, that M". Galusha acquaint the House with the Reasons thereof.

The Committee on the Bill Entitled “An Act to enable the Proprietors and Landowners of the Town of Essex to divide their lands into severalty,” reported that the same ought to pass, and on Motion Resolved, That the Council concur in passing the said Bill.

The Bill Entitled “An Act in addition to and revival of an Act Entitled 'An Act assessing a Tax of Two Cents per acre on the Town of Westford,' passed Oct. 26th, 1799,” which was nonconcurred by Council the 28 Jany, was yesterday sent up from the House with the following resolution on the same :

“In General Assembly Feby 2nd. The Report of the Committee being read, was accepted, and the Bill passed and ordered to be engrossed &c. and M. Hay requested to assign the reason of the nonconcurrence of the House to the nonconcurrence of Council.

Att. A. HASWELL, Clerk.M". Hay verbally assigned the Reasons of such nonconcurrence and withdrew, and, on Motion, it was Resolved, That the Council do rescind from their nonconcurrence on the aforesaid Bill of the 28 Jany, and Ordered, That it lie on the Table.

The Committee on the Bill “restoring Joseph Ackley to his Law,” reported that the same ought to pass, and it was Resolved, That the Council concur with the House in passing the sd Bill.

M". Niles laid the following resolution on the table. Whereas the Two Houses appear to differ in opinion respecting the very principles of the Bill Entitled "An Act in addition to and revival of an Act Entitled 'an Act assessing Two Cents per acre on the Town of Westford' passed Oct. 26th, 1799," therefore Resolved, That the House of Representatives be requested to appoint a Committee to Confer with a Committee of Council on the premises, that, if possible, the two Houses may be mutually satisfied as to rectitude of the principle in question;" which was read, and on Motion, Resolved, That it be a resolution of Council, and Ordered, That the Secretary communicate the same to the House.

Three Bills, passed in the Flouse of Representatives, were sent up to Council for revision, concurrence or proposals of amendment, one, Entitled "an Act to suspend civil process against the person of Joseph Bates," which was read, and, on Motion Resolved, That it be referred to Mess. Galusha & Loomis. One other, Entitled “An Act empowering the Judges of the County Court of the County of Caledonia to audit and allow certain accounts," which after being read was, on Motion, amended by erasing the words “either in or out of session,” Interlined between the Second and Third lines of the Bill, and Resolved, That the Council concur in passing the said Bill with the proposed amendment; and one other, Entitled - An Act laying a Tax on the County of Orange,” which after being read and considered, it was Resolved, That the Council concur with the House in passing said Bill. Adjourned to 2 O'clock P. M.

2 O'CLOCK P. M. The Resolution of Council adopted in the forenoon, requesting a Committee of Conference on the Westford Bill, was returned from the House with the following order on it:

“In General Assembly Feby 4th, 1804. Read and concurred, and Mess. Painter, Hinman and Sheldon

appointed a Committee of Conference. Att. A. HASWELL Clerk.

Which was read and Resolved, That Mess. Niles and Witherell do join the Committee appointed by the House.

A Bill, passed in the House of Representatives, Entitled “ An act to establish the jurisdictional line between the Towns of Vershire and Corinth," was sent up to Council for their revision &c. and being read, it was Resolved, That the Council do concur in passing the said Bill.

On Motion, Mr. Spooner read the following Resolution, by him introduced: “ Resolved, The House of Representatives concurring therein, That the Trustees of the University of Vermont be and they are hereby required to lay before the Legislature of this State, at their Next Session to be holden at Rutland in said State in October next, on or before the eighth day of their Session, a true Statement of the Funds of said University, together with all the appropriations by then made, if any, the quantity of Lands leased, and on what terms, and a copy of the ByeLaws, Rules and Regulations by them adopted for the government of said Institution, for the Examination and approbation of said Legislature. Resolved, That the same be a resolution of Council, and Ordered, That the Secretary acquaint the House therewith.

M" Fletcher obtained leave of absence for the Remainder of the Session.

A Bill, passed in the House of Representatives, Entitled “ An Act to repeal part of an act altering the Time for holding the Supreme Court &c. of Franklin County," was sent to Council for Revision &c. and on Motion, Resolved, That the Council concur in passing the same into a Law.

Govr. Brigham on leave introduced the following Resolution-Resolved, That His Excellency the Governor be requested to Issue his Proclamation appointing the Second Wednesday of April next to be observed as a day of Fasting, Humiliation and Prayer throughout this State-which Resolution was adopted by Council.

The Committee on the Bill Entitled "An Act to suspend civil process against the person of Jacob Bates," reported the following amendment, after the word " That,” in the second line of the Bill, erase the remainder of the Bill, and Insert in lieu thereof the following, “ The Body of Jacob Bates of Tunbridge in the County of Orange be and is hereby freed from arrest on any attachment on mesne process for any Debi, contract, covenant or promise made or entered into before the passing of this Act, or on Execution issued on any judgment rendered on such debt, contract, covenant or promise as aforesaid, for the space of three Years from and after the rising of this Assembly;" which report was accepted and it was Resolved, That the Council do concur in passing the said Bill with the proposed Amendments. and Ordered, That M". Loomis acquaint the House of the reasons which governed Council in adopting such amendments.

A Bill, passed in the House of Representatives, Entitled " An Act in amendment of an act and in addition to an Act directing the mode of obtaining Licences &c.?” was sent up to Council for revision, concurrence or proposals of Amendment, and being read and considered, it was, on Motion, Resolved, That the Council do concur in passing said Bill into a Law.

Adjourned to 9 O'clock Monday morning.

MONDAY, February 6th, 1804, 9 O'clock A. M. The Council met pursuant to adjournment. The Resolution, passed in Council Saturday, respecting the Trustees of the University of Vermont, was returned from the House with the following order on the same: " In General Assembly Feby 4th, 1804. Read and Concurred.

Att. A. HASWELL Clerk." The following resolution was sent from the House to Council:

Resolved, That the Committee appointed for the purpose of distributing the Laws of the last Session to the several Members of this House, be appointed to distribute the Proclamations for a day of fasting and Prayer, to join with Council. Feby 6th, 1804. Members chosen Mess. Galusha, Bullock, Wood, Spooner, Jas. Fisk, Wetherbee, Stanley, Palmer, Kitchell, Potter and Fassett. Extract from the Journals.

Att. A. HASWELL Clerk.Which Resolution was read, and on Motion, Resolved, That M". Wheelock join the above Committee from the House.

A Bill, passed in the House of Representasives, Entitled “An Act organizing certain regiments of Cavalry therein mentioned,” was sent up to Council for revision &c. and after being read, it was Resolved, That it be referred to Governor Brigham.

The Committee of Conference from Both Houses on the Bill Entitled An Act in addition to and revival of an act Entitled 'An Act assessing a Tax of Two Cents per acre on the Town of Westford,' passed October 26th. 1799,” reported that a Committee of Council be appointed to amend the Bill, by appointing a new Collector of the said Tax to be placed in the same situation as the former Collector, which report was accepted, and Resolved, That Mess. Niles and Witherell be the Committee.

A Bill, passed in the House of Representatives, Entitled "An Act relieving Nathaniel Callender from a Bill of Cost therein mentioned,” was sent up for Revision &c. and on Motion was amended by adding to the Bill the following as an amendment, "on the said Callender's paying the Cost which has arisen in the suit now pending.” Resolved, That the Council do concur in passing the said Bill as amended.

The following Bills, passed in the House of Representatives, were sent up to the Council for revision, Concurrence or proposals of amendment, one Entitled "An Act impowering William C. Harrington Esquire Administrator &c. to sell and convey certain Lands &c.," one Entitled "An Act for the relief of Matthew Stanley of Tunbridge,” one Entitled “An Act authorizing the Administrator on the Estate of Samuel Williams Esquire, late of Rutland, deceased, to Deed lands," one Entitled "An Act for the Relief of Deborah Stone," one Entitled “An Act in addition to an act Entitled an act laying a Tax on the several towns therein mentioned,'” one Entitled "An Act for the relief of William Bryant,” and one other Entitled "An Act making appropriation for the Debenture of the Legislature during the present Session &c.” which Bills were severally read, and on Motion it was Resolved, That the Council do concur with the House in passing the aforesaid Bills into Laws of this State.

The Committee on the bill Entitled “ An Act to authorize the Supreme Court to empower Guardians to sell the real Estate of their Wards,” reported the following Amendments, To erase after the word sold,in the Thirteenth line of the second Page to the word “to” in the Seventeenth line of the same page-To erase from the beginning of the Second Section to the words And no Guardianin the Sixth line of the Third Page, and add the remainder of the second Section to the first Section as a provisionary clause, and the Second Section to read

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thus, “Section 2nd. And it is hereby further enacted, That no order of Sale shall be granted by said Supreme Court, unless such Guardians shall produce to the Court a certificate signed by the Judge of Probate of the District where such Land lies, recommending such sale, and also make it appear to the said Court that the same will be beneficial to such wards"—which report was accepted, and on Motion, Resolved, That the Council (do concur] in passing said Bill as amended, and Ordered, That Mr. Galusha inform the House of the Reasons for such amendments. The following Message was recd. from the House:

“In General Assembly Feby 6th 1804. The Bill Entitled “An Act against disturbing the Remains of the Dead,” received from Council was concurred in.

Att. A. HASWELL, Clerk." The Committee appointed on the Bill Entitled "An Act in addition to an act Entitled 'an Act regulating Town Meetings and the Choice and duty of Town officers,'” reported the following amendments, viz. After the word “State," in the Third line of the first Section, erase the remainder of the Section and insert the following in lieu thereof, “may require of their several Town Clerks, Constables, and Town Treasurers, when chosen, to give Bonds to the Selectmen of their respective Towns, in such sums and with such Sureties as they shall think reasonable, for the faithful performance of their several offices. And if such TownClerks, Constables, or Town Treasurers, so chosen as aforesaid, shall refuse to give Bonds as aforesaid when thereunto required, such Towns may proceed to choose such officers as will comply with such require

In the Second line of the Second Section, after the first word "the,” erase the remainder of the Section and insert the following“several Towns in this State shall be liable to make good all damages which may accrue to any Person or Persons in consequence of the neglects or omissions of duty by any Town Clerk or Constable by such Town appointed, in all cases where such Town shall neglect taking Bonds as above directed in this act;" and to erase the Third Section—which Report being accepted, it was Resolved, That the Council do concur in passing the said Bill as amended, and Ordered, That Mr. Loomis inform the House of the Reasons which governed the Council in adopting those Amendments.

The Debenture of Council for the present Session was read by the Secretary, and it was Resolved, That the Same is approved by Council, and Ordered, That the Secretary enter it on the Journals:

Miles.
Amt. of

Amt. of Whole

Mileage. Atten'ce. Amt. His Honor Paul Brigham Lt Govr. 20 $2.40 12 $48.00 $50.40 Jonas Galusha

82

9.84 12 18.00 27.84 John White

120 14.40 12 18." 32.40 Eliakim Spooner

30 3.60 12 18.“ 21.60 Elias Keyes

35 4.20 12 18.

22.20 James Witherell

64 7.68 12

25.68 Ebenezer Wheelock

74 8.88 12

26.88 Noah Chittenden

98 11.76 12 18." 29.76 Nathaniel Niles

40 4.80 12

22.80 Beriah Loomis

28 3.36 12

21.36 Samuel Sheperdson

60 7.20 12

25.20 Asaph Fletcher

18 2.16 10

17.16 Wm. Page Ju". Secretary

26 3.12 12

33.12 Wm. Strong Esq", Sheriff

14 1.68 12

19.68 Samuel Patrick, Bill for Room &c.

10.00 Adjourned to 2 O'clock P. M.

$386.OS

Days.

18. "
18.“

66

18.“ 18. " 18. • 15.66 30.6 18.

2 O'CLOCK P. M. The Committee on the Bill Entitled “An act in addition to an act assessing a Tax of Two Cents per acre on the Town of Westford, Passed October 26th. 1799,” reported the following amendments: Strike out the whole of the Preamble after the word "Act," in the Second line of the same, and insert “after having accepted the appointment of Collector as aforesaid, and doing various acts in that capacity, has, as is represented to this Assembly, absconded, without having compleated the services and duties to do which he was authorized and empowered by said Act, Therefore."-Strike out the whole of the Bill after the word That," in the Third line of the First Section, and insert the following: “ Martin Powell be and he is hereby appointed, authorized and impowered to do and perform every such act, in collecting said Tax. and in executing Deeds of Lands already sold, or which may be sold, for the discharge of said Tax, as would, in the present Stage of the Collection of said Tax, have been lawfull for said Seely to do and perform antecedent to the passing of this act; and such acts and Deeds which shall be [done] by the said Powell, in pursuance and completion of the duties by said act imposed on said Seely, and which still remain to be done, shall be as good and valid in Law, as though the same had been done by said Seely. And it is hereby further enacted, That said Powell shall not be, in any way, answerable, for any thing either done or omitted by the said Seely in or respecting the Collection of the Tax aforesaid.” Which report was accepted, and Resolved, That the Council do concur in passing said Bill as amended, & Ordered, That M" Niles communicate the Reasons of such amendments to the House.

A Bill, passed in the House of Representatives, Entitled “ An act laying a Tax of Two Cents per acre on the Town of Derby,” was sent up to Council for Revision &c. and being read, it was Resolved, That it be committed to Mess. White and Loomis.

A Bill, passed in the House of Representatives, Entitled “An act constituting a corporation by the name of the Northern Turnpike Company of Vermont," was sent up to Council for Revision &c. and was, on motion, amended, by erasing the name of Joseph Jones," in the Second Line of the Third Section, and Inserting the name of “ David Wing Jun".;" by adding to the Fourth Section as follows: “And no greater certainty shall be required in such presentments, in describing the place out of repair, than is required by the nineteenth Section of “An act Entitled ‘An Act reducing into one the several acts for laying out, making, repairing, and clearing Highways;'” by inserting after the word Road," in the fourteenth line of the Fifth Section, And again return on said Road, to travel on the same;" and by inserting after the word Distances,” in the eighth line of the Seventh Section, “ with a sufficient supply of water in the same”—and being read as amended, it was Resolved, That the Council concur in passing said Bill as amended, & Ordered, That M". Galusha inform the House of the Reasons of Council in adopting those amendments.

A Bill, passed in the House of Representatives, Entitled “ An Act establishing a Corporation by the name of the Caledonia Turnpike Company," was sent up to Council for Revision &c. and being read was, on motion, amended by adding to the Sixth Section, “ And no greater certainty shall be required in such presentment, in describing the place out of repair, than is required by the Nineteenth Section of an Act Entitled

an act reducing into one the several acts for laying out, making, repairing and clearing Highways;'” and being read as amended, it was Resolved, That the Council do concur in passing the said Bill as amended.

The Committee on the Bill Entitled “An Act laying a Tax of Two

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