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the Clerk of such County Court, and each Creditor on any breach of said Condition shall have right of Action in his own name on said Bond, a Copy of which attested by the Clerk of said County Court may be read in evidence on any such action & have the same Õpperation as if such Creditor had been severally named in such Bond & the same was pro
duced in Court.
IN COUNCIL Nov. the 9 day A. D. 1797. Resolved that the House of Representatives be requested to furnish the Gov'r & Council with a Copy of their Journals of their proceedings on the resolution of Council of the 3' Instant recommending to the House of Representatives to proceed to Act upon the amendments proposed by Council to the Bill entitled an Act relating to the Office & Duty of Att'y General, State's Attornies, Clerks of the Supreme & County Courts, & County Treasurers, that the Council may be enabled to proceed on a Bill now before them in part embracing the same Objects &c.
An Act Directing Leather Sealers in their Office & Duty and regulating the sale of Leather, boots & shoes, the Manufacture & sale of Iron & Nails &c. having passed the House of Representatives &c. Read & Concurred.
Adjourned Untill 2 Oclock in the Afternoon.
Met according to adjournment.
An Act Directing the Treasurer to pay to the Selectmen of Norwich the sum of &c. having passed the House, read & Concurred.
An Act assessing a Tax of half a Cent on each acre of Land in the Town of Williston &c. having passed the House &c. Read & Concurred. An Act assessing a Tax of one Cent per acre on all the Lands in the Townships of Fairhaven & Westhaven &c. having passed the House &c. Read & Concurred with proposals of Amendments &c.
An Act for the Limitation of Actions &c. having passed the House &c. Read & Referred to Mess Jacob & Lynde to examine & make report &c. An Act Directing the Treasurer to pay [$103.66] the expences of Election Day &c. having passed the House &c. Read & Concurred.
An Act entitled an act pointing out the Mode of Collecting Land Taxes in several Towns in the County of Chittenden &c. having passed the House of Representatives, Read & Concurred.
An Act Directing proprietors' Clerks to Deliver over to Town Clerks upon the Dissolution of proprietorship all records of said Office &c. having passed the House of Representatives &c. Read & Concurred.
The Gen' Assembly having Concurred in the resolution of Council for meeting in Grand Committee &c. the Gov'ur & Council agreable to the Concurrent resolutions of both Houses met in Grand Committee accordingly-& after the Dissolution of the Grand Committee Govar & Council returned to the Council Chamber & proceeded to the Business of the Day.
A resolution from the House of Representatives with respect to the Debentures of this Session & how the same shall be made up for this Session to wit, the Members of the Assembly & Officers attending them & all other Officers waiting on the Legislature shall be made up agreable to the Bill that has passed the House this Session, & that the Councillors' fees shall be made up at one Dollar & 75 Cents per Day-Read & Concurred.
An Act Confirming to Jonathan Chase Esq. & other proprietors of Cornish Bridge the exclusive right of Building Toll Bridges over Connecticutt River between Cornish & Windsor &c. having passed the House of Representatives &c. Read & Concurred.
An Act Directing the Treasurer of this State to pay Wesley Perkins the sum of 26 Dollars & sixty six Cents having passed the House of Representatives, Read & Nonconcurred & Mr. Williams is appointed to Assign the reasons to the House for said Nonconcurrence.
An Act in Addition to an Act entitled an act regulating proprietors' Meetings &c. having passed the House of Representatives &c. Read & resolved that it be recommended to the House to Lay over said act untill the next Session of the Legislature.
Adjourned Untill 9 Oclock to Morrow Morning.
Met according to adjournment.
FRIDAY Nov. the 10 d A. D. 1797.
The Debenture of Council being made out amounting in the whole to the sum of 922 Doll: & 57 Cents, Read & by the House of Representatives Approved of, Resolved that Mr Robinson be appointed to receive the Debenture of Council &c.
IN COUNCIL Nov. the 10 d. A. D. 1797. Resolved that his Excellency the Gov'r be advized to proceed in making Detachments from the Militia of this State to supply the Quota of Troops required by the Government of the United States in such manner as he shall Judge most proper & Convenient.'
An Act assessing a Tax of one Cent per acre on all the Lands in this State for the support of Government &c. having passed the House of Representatives &c. Read & Concurred with the following proposals of amendment to wit, in the third section after the word " Borough Insert North Districk [district] & New Borough South Districk-in the same section after the word "Londonderry" Insert Sommerset-in the same section erase the Names of the following Towns to wit, "Chittenden, Philidelphia"--in the same section to the Names of the Towns in Caledonia County Insert Grotton. Sect. 12, In the Line 13th after the word "advertisement" Insert these words: in which shall be specified the Names of all the several Towns or Gores of Land upon which the Tax has not been paid. Sect. 13th after the word "shall" in the third Line erase the whole Clause & insert these words Viz. between the Hours of Nine Oclock in the forenoon & the setting of the sun the same Day or Days on which the same may be holden, & every sale which shall not be made within the Period of the Day or Days above prescribed is Declared to be Null & Void.
An Act regulating the printing, binding, Distribution & Sale of the Revised Laws of this State &c. having passed the House of Representatives &c. Read & Concurred.
The Act repealing certain acts therein Mentioned having passed the House of Representatives &c. Read & Concurred with the following proposals of amendment to wit, erase the Two first Lines in the 12th page 33 section-24 in the third Line erase the word "July " & Insert the word August.
Adjourned Untill 2 Oclock in the Afternoon.
Met according to adjournment.
An Act suspending the Operation of Certain Acts therein mentioned & for other purposes brought into Council by Mr Jacob, Read & passed & Ordered to be sent to the House of Representatives for their Concurrence &c.
See Appendix F.
An Act for the Inspection of Beef, Pork, &c. &c. having passed the House of Representatives, Read & Concurred.
An Act Appointing State's Attornies, Clerks of the Supreme Court in the several Counties in this State &c. Regulating their Office & Duty &c. having passed the House of Representatives &c. Read & Concurred.
An Act correcting the errors in the proceedings of Westford &c. having passed the House of Representatives &c. Read & Concurred.
A resolution from the House Appointing three Members as a Committee to Join such Committee as the Council shall please to appoint for the purpose of reporting an act for the Appropriations for the present year &c. Resolved that Judge Robinson be Appointed to Join said Committee.
An Act for the Appropriations for the present year &c. having passed the House &c. Read & Concurred with this amendment, that there be allowed to Mr. West 15 Dollars Instead of ten Dollars.
Information is sent from the House by a Member that they have concurred in the Act sent Down from Council relating to the suspending the Operation of Certain Acts therein mentioned & for other purposes &c. The Act regulating fees &c. returned to the Council from the House of Representatives &c. with proposals of amendment Nonconcurred in. On Motion of Mr. Jacob shall the act be suspended untill next Session of the Legislature. Resolved to suspend said act accordingly. Messrs. Safford, White, & Olin moved to have their Dissent entered Upon the Journals, which was granted. Resolved that Mr. Williams be Appointed to return said act to the House &c.
An Act to Continue in force the several Acts relating to fees &c. Read, Passed & Ordered to be sent to the General Assembly for their revision, Concurrence, or proposals of Amendment.
Resolved that his Excellency the Gover be advised to Appoint the second Wednesday of April next to be Observed as a Day of Humiliation, Fasting & prayer thro'out this State &c.
Both Houses concluded their Session at Windsor by adjourning with
Attest, TRUMAN SQUIER, Secr'y.
OCTOBER 1798 TO OCTOBER 1799.
ISAAC TICHENOR, Bennington, Governor.
SAMUEL SAFFORD, Bennington,
SAMUEL WILLIAMS, Rutland,'
ELIJAH ROBINSON, Weathersfield, BENJAMIN BURT, Westminster.*
TRUMAN SQUIER, Manchester, Secretary, until Oct. 15 1798.5
NOAH SMITH was born at Suffield, Conn., and was a graduate of Yale College in 1778, having among his classmates Stephen Jacob, who was his colleague in the Council, and his successor on the bench of
'Mr. Williams was elected to both Council and House, and served in the House.
Resigned Oct. 29, 1798, to accept the office of Judge of the Supreme
Elected in Grand Committee and took his seat in the Council Oct. 13 1798.
Elected in Grand Committee, vice Smith resigned, Oct. 29 1798.
Mr. Squier resigned Oct. 12 1798, but consented to serve until a successor was appointed.
the Supreme Court-Noah Webster the lexicographer, Joel Barlow the poet, Gov. Oliver Wolcott, Chief Justice Zephaniah Swift, and U. S. Senator Uriah Tracy. On leaving college, Mr. Smith immediately removed to Bennington, and there he delivered an address, Aug. 16 1778, on the first anniversary of the battle of Bennington, for which see Vermont Historical Society Collection, Vol. 1. He was admitted to the bar of Vermont at Westminster, May 26 1779, with Stephen R. Bradley--these being the first admissions to the bar of Vermont. Bradley was appointed clerk of the court, and Smith State's Attorney within and for the county of Cumberland, pro tempore. In June of the same year he was appointed to the same office for Bennington County, which he held in 1780, from 1786 until 1789, and in 1791. He was Clerk of Bennington County Courts from 1781 until 1784; Judge of the Supreme Court in 1789 and 1790; appointed U. S. Collector of Internal Revenue in 1791; and again Judge of the Supreme Court from 1798 until 1801. He served as Councillor one year only. He removed from Bennington to Milton soon after 1800, and died there, Dec. 25 1812, aged 57.-Vt. His. Soc. Collections, Vol. 1; Slade's State Papers; Deming's Catalogue; Vt. Legislative Directory.
Doct. TIMOTHY TODD represented Arlington in 1790, '91, '93, '94, and '95; was Councillor from 1798 until 1801; and delegate in the Constitutional Convention of 1791.-Deming's Catalogue. Of the Doctor's previous and subsequent life, no record is found, other than that he was an influential member in the first incorporated Medical Society in the State, and a poet ranking well among his contemporaries.-See in Rutland Herald of July 9 1798, and July 15 1799, two odes-the first by Thomas Green Fessenden, and the last by Dr. Todd.
ABEL SPENCER was among the inhabitants of Clarendon who left their homes on the approach of Burgoyne's army, in 1777, and joined the enemy. For this he was fined in the sum of one thousand pounds. In 1779 he petitioned for a remission of part of this fine, and one half was remitted.-See Vol. 1, pp. 69, 306. Spencer represented Clarendon in 1791, '2, '3, '6 and '7, and Rutland in 1802, '3, '6 and '7, and was Speaker in 1797 and 1802; was Councillor from Oct. 13 1798 until 1801; and State's Attorney in Rutland County from 1796 until 1803. He was the Federal candidate for United States Senator in Oct. 1802, and was defeated by Israel Smith, 111 to 85. Nov. 10 1807, Spencer was expelled from the House, by a unanimous vote, for theft.-Deming's Catalogue; and Vermont Journal of Oct. 26 1802.
BENJAMIN BURT was a member of the House at the date of his election as Councillor, and resigned his seat in the House and entered the Council on the 1st of November 1798. He was arrested as one of the court party at the Westminster massacre in 1775, but he soon joined the Vermont party; in 1781 was appointed a judge in the county court, and