following Amendment - After the word "Directed," in the Third line of the Act, erase the remainder of the act and insert the following in lieu thereof: "To proceed publickly to compleat the Drawing of said Lottery in good and legal form, agreeably to the scheme by them heretofore published, by the first day of May next; and that they give notice of the time when and the place where they will attend to compleat the Drawing of said Lottery in good and legal form, agreeably to the scheme by them heretofore published, by the first day of May next; and that they give notice of the time when and the place where they will attend to compleat the Drawing of said Lottery by publishing the same in the Vermont Gazette at least two weeks before the time appointed for such Drawing, and it shall be the duty of the said Managers to publish a true list of all the prizes allready Drawn, and of all those that shall hereafter bo drawn in said Lottery, and the Numbers to which they are respectively drawn, in the aforesaid Gazette, by the first Day of June next. And if the said Managers shall neglect to publish and draw the said Lottery in manner as is hereinbefore directed, they shall forfeit all the priviledges contained in the act granting said Lottery, and be further liable to pay to the purchasers of any Ticket in said Lottery the full price of said Ticket, with Interest from the Time of purchase.

"Section 2nd. And it is hereby fuyther enacted, That if any Person or Persons are indebted to the said Managers for any Ticket or Tickets by Note or otherwise, and the same remain unpaid for the Term of Thirty days from and after the publication of the prizes drawn in said Lottery as aforesaid, such Debtors shall be liable in an action brought to recover payment for such Tickets sold as aforesaid, to pay Cost as is by Law directed in other civil actions."

On the acceptance of which report the Yeas and Nays, being required by Mr. Niles, were as follows: Yeas 8- Gov. Brigham, Mess. Galusha, White, Spooner, Witherell, Wheelock, Chittenden & Loomis. Nays 3Mess. Niles. Sheperdson and Fletcher. So the report was acceptedand Those who voted in the Negative entered the following Protest against adopting the said Report, viz.

We, the undersigned Members of Council, find ourselves compelled to enter on the journals of the Council our solemn dissent from the vote of Council adopting the foregoing paragraph as an amendment to the Bill now under consideration, for the following reasons—

1st. Because this Amendment, should it be passed into a Law, would virtually reward the managers for having contravened one palpable object of the Legislature, implied in the Law under which, alone, they, the said Directors, could execute and vend Tickets; namely, that their Tickets should not be sold on credit.

2ndly. Because, should it pass into a Law, this amendment may operate in violation of Contracts, since a legal exemption from Costs may have been one part of the consideration on which such contracts were made. These reasons seem to be clearly explained and fully substantiated by the act to which reference is had in the Bill now amended, which enacts, "that no Defendant shall be liable to pay any cost in any action brought to recover pay for said Tickets, unless he appeals from the Judgment that may be rendered against him." Here the purchasers are assured, by a most solemn act of Government, that they shall not be exposed to pay any cost, and yet, should this bill pass iuto a Law, it directly exposes them to such Cost.

(Signed)

NATHL NILES,

ASAPH FLETCHER,
SAMUEL SHEPERDSON.

On Motion Resolved, That the Council concur in passing the aforesaid Bill with the Amendments proposed, and Ordered, That Mr. Galusha acquaint the House with the Reasons which governed Council in adopting those amendments.

On the passage of the last mentioned Bill into a law, Mess. Niles & Fletcher entered on the journals the following dissent, viz.

We, the undersigned members of Council, find ourselves Compelled to enter our solemn dissent from the Vote of the Council enacting the foregoing Bill into a law of this State, for the following reasons, in addition to those for which we dissented from the Vote adopting the Amendment thereto-1 Because the Bill imposes new and additional duties on the Managers, after they have taken on themselves the Management of the Lottery, under the provisions, duties, restrictions and immunities by law solemnly established. 2ndly. Because, if any wrong has taken place in the management of the Lottery, which this Bill respects, the judicial Department is, and alone is, competent to afford a constitutional redress. NATH NILES,

(Signed)

ASAPH FLETCHER.

Tee Committee on the Bill Entitled "An act in addition to an Act laying a Tax of four Cents pr acre on the Town of Jamaica,"" reported that it ought to pass, and it was Resolved, That the Couneil do concur in passing the said Bill into a Law.

A Bill Entitled “an Act giving to John McNeil and Charles McNeil equal priviledges in keeping ferries across Lake Champlain &c." was sent from the House with the following order thereon:

"In General Assembly Feb3 2a 1804. Read and Referred to the Committee on the Petition of John McNeil to join. A. HASWELL Clerk." On Motion Resolved, That the Council concur in the aforesaid Refer

ence.

Att.

A Bill, passed in the House of Representatives, Entitled "An Act restoring Joseph Ackley to his law," was sent up to Council for their revision, concurrence or proposals of amendment-which after being read, it was Resolved, That it be referred to Mess. Keyes, Loomis and Galusha. The Committee on the Rill Entitled "An Act in addition to an Act Entitled an Act in addition to an act Incorporating the Connecticut River Turnpike Company,'" reported that as the substance of the act has not been published according to Law, that it be dismissed, and on Motion it was Resolved, That the aforesaid Bill be dismissed.

A Message was sent up from the House informing the Council that they had concurred with Council in the Resolution to meet in joint Committee to make Choice of a Brigadier General of the Third Brigade and Third Division of the Militia. The Council proceeded to the Representatives' Room, and after transacting the Business of the joint Meeting returned to their Chamber and adjourned to 2 O'clock P. M. 1

2 O'CLOCK P. M.

A bill, passed in the House of Representatives, Entitled "An Act to enable the Proprietors and Landowners in the town of Essex to divide their lands into severalty," was sent up to the Council for their Revision &c. which after being read, it was resolved, That it be referred to Mess. White and Niles.

Also, A Bill Entitled "An Act appointing a new Member of a Committee of a Land Tax on Mt Holley," which was read and Resolved, That it be referred to Mr. Spooner.

Also, A Bill Entitled "An Act in addition to an Act Entitled, ‘An act

'Levi House was elected Brigadier General.

regulating Town meetings &c." which was likewise Read and on Motion Resolved, That it be referred to Mess. Sheperdson and Fletcher.

On Motion, Mr. Wheelock had leave to introduce a Bill Entitled "An Act in addition to an act Entitled 'An act to prevent unnecessary Lawsuits, and to regulate the Taxing of Cost in certain Cases therein men-tioned,' Passed Nov 8.th. 1798," which was read and on motion Resolved, That it be committed to Mess. Witherell & Chittenden.

A Bill, passed in the House of Representatives, Entitled "An Act directing the Treasurer to pay the Debenture of the Legislature of this State at their present Session," was sent up for revision &c. — after being read, it was on Motion Amended, by striking out the Interlineation between the fifth and sixth lines from the Bottom, viz. “bear an Interest of 6 pr. Ct. pr. anuum, and," passed to a second reading as amended, and Resolved, That the Council do concur in passing the Bill as amended, and Ordered, That Mr. White assign the reasons of such amandment to the House.1

A Bill, passed in the House of Representatives, Entitled “An Act altering the name of Bromley to that of Peru," was sent up to Council for revision &c. and being read, it was Resolved, That the Council do concur with the House in passing the aforesaid Bill.

The Committee appointed on the Bill Entitled "An Act in addition to an act Entitled 'An Act to prevent unnecessary Lawsuits &c.'" reported that it ought not to pass, and it was Resolved, That the said Bill be dismissed,

The Bill Entitled "An Act directing the Treasurer to pay the Debenture of the Legislature of this State at their present Session," was again sent up from the House by Mr A. Marsh with the following resolution thereon:

"Feby 3d. Read, and on Motion, Resolved, That the House do not concur with the Governor and Council, and that Mr. Marsh be requested to inform them of the Reasons of the House for their nonconcurrence. Attest A. HASWELL Clerk."

And after verbally assigning the Reasons, he withdrew, and on Motion, it was Resolved, That the Council do rescind from their proposed amendment to this Bill, and that they concur in passing the same. Ordered, That the Secretary acquaint the House therewith.

A Bill, passed in the House of Representatives, Entitled "An Act to authorize the Supreme Court to empower Guardians to sell the Real Estate of their wards," was sent up to Council for their Revision, Concurrence or proposals of Amendment, which was read, and on Motion, Resolved, That it be referred to Mess. Witherell and Galusha.

The Committee on the Bill Entitled "An Act appointing a new Member of a Committee of a Land Tax on M Holly," reported that it ought to pass, and on Motion it was Resolved, That the Council concur in passing the said Bill.

Adjourned to 9 O'clock Tomorrow morning.

SATURDAY February 4th. 1804, 9 O'clock A. M.

The Council met pursuant to adjournment.

The Committee on the Bill Entitled "an act in addition to and in explanation of an act entitled 'An Act constituting the Supreme Courts

'The bill provided for paying the debentures, amounting to $4958.70, in certificates of the State Treasurer, which were made receivable for taxes.-See Laws of Vermont, Feb. session 1804, pp. 37 and 95.

6.

&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 Mr. 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 Jan 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 Mr. Hay requested to assign the reason of the nonconcurrence of the House to the nonconcurrence of Council. Att. A. HASWELL, Clerk."

Mr. 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.

Mr. 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 House 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:

66

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 them 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.

Mr. 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.

Gov 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 Debt, 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 Mr. 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.