Page:The Green Bag (1889–1914), Volume 05.pdf/600

The Supreme Court of Vermont.

559

II. Sec. 4, provided that "courts of justice judges for the shire of Rutland. There is shall be established in every county." The nothing in the record of the election of first legislature met on the I2th day of judges to indicate the name of the court, March, 1778; adjourned on the 26th to the but in the journal there is the record of a 4th day of June; then meeting, continued vote " that the special courts appointed in in session two weeks, when it adjourned the several shires, etc."; and on the day after and did not again meet. At the March the election of the judges as above stated, session two counties were established, — Watts Hubbard, jur., was recognized to "ap Benington in the west and Cumberland in pear before the special [court] of the halfthe east. Two shires

shire of Westminster, were created in each, — _ when summoned Bennington and Rut ' thereto, etc." Special land, Westminster and courts are mentioned Newbury. County in the Assembly rec and inferior courts are ords of the fifth day of mentioned in the leg June, several days islative records; but prior to the election of there is no evidence,; judges of the special record or traditionary, ¡ courts, at the June ses that any were organ sion. The day preced ized that year. At the ing the final adjourn first session special ment of the latter ses sion, the Assembly — courts were estab lished. On the 24th "Voted, That the fol March the Assembly lowing persons, viz.: records show the fol John Shepardson, Esq., lowing vote, namely : Stephen Tilden, Esq., Assembly made choice Hezekiah Thomson,Esq., of Gen. Jacob Bayley, Col. Samuel Fletcher, and first judge, Mr. Jacob Mr. Joshua Webb, be, Burton, second, Mr. and they are hereby, ap William Heaton, third, pointed judges of a spe Mr. Reuben Foster, cial court, in the shire of ISAAC T1CHENOR. fourth, and Capt. John Westminster. French, fifth, judges "Voted, That Deacon for the shire of Newbury; Major John Shep- Smalley, Deacon John Burnet, William Heaton, ardson, first, Mr. Stephen Tilden, second, Esqr., Mr. Benjamin Baldwin, and Reuben Foster, Hubbel Wells, Esq., third, Deacon Hezekiah Esqr., be, and they are hereby, appointed judges Thompson, fourth, and Nathaniel Robinson, of a special court, for the shire of Newbury. "Voted, That Samuel Robinson, Esqr., Martin Esq., fifth, judges for the shire of West Powell. Esqr., John Fasset. Esqr., Thomas Jewett, minster; Major Jeremiah Clark, first, Capt. Esqr., and Maj. Gideon Olin be, and they are Samuel Robinson, second, Lieut. Martin hereby, appointed judges of a special court, for Powel, third, Capt. John Fasset, jr., fourth, the shire of Bennington. and Lieut. Thomas Jewett, fifth, judges for ••Voted, That Thomas Rowley, Esqr., Major the shire of Bennington; and Joseph Bowker, Heber Allen, Capt. John Stark, Capt. Jonathan Esq., first, Major Heber Allen, second, Fasset, and Theodus Curtis be, and they are Charles Brewster, third, Capt John Stark, hereby, appointed judges of a special court for fourth, and Capt. Jonathan Fasset, fifth, the shire of Rutland."