REVISION OF 1875. THE GENERAL STATUTES OF TlHE STATE OF CONNECTICUT, WITH THE DECLARATION OF INDEPENDENCE, THE CONSTITUTION OF THE UNITED STATES, AND THE CONSTITUTION OF CONNECTICUT. nbIheut Ihn atnttoritn of tJ $ftate. HARTFORD: THE CASE, LOCKWOOD & BRAINARD CO., PRINTERS. 1874. TABLE OF CONTENTS. PREFACE,........ iii TABLE OF THE TITLES OF THE GENERAL STATUTES, AND THEIR SUBDIVISIONS,.......... XV DECLARATION OF INDEPENDENCE,....... XXV CONSTITUTION OF THE UNITED STATES,...... XXix AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES,.. xl CONSTITUTION OF CONNECTICUT,....... Xl AMENDMENTS TO THE CONSTITUTION OF CONNECTICUT,... lvi THE GENERAL STATUTES,.. 1 AN ACT TO CARRY INTO EFFECT THE REVISION OF THE GENERAL STATUTES,.......... 555 INDEX,............ 557 PREFACE. THE original patent of Connecticut was obtained, in 1631, from the Plymouth Company, which held a patent of all New England, granted by the Crown to eleven persons who were then contemplating a removal to America, in order to procure greater civil and religious liberty, among whom were the Viscount Say and Seal, John Hampden, and Sir Richard Saltonstall, the ancestor of Governor Saltonstall. It embraced a very wide extent of territory, extending as far East as the Narragansett river, as far North as Worcester, and as far West as the "South Sea" or Pacific Ocean. Under the grant, the first settlers of both the Colonies of Connecticut and New Haven derived their title. The first house erected within the present limits of Connecticut was built in October, 1633, on the present site of Windsor, by William Holmes of Plymouth; but no considerable settlement was made here until May, 1635, when a party from Watertown removed to what is now Wethersfield, and were soon followed by a number of emigrants from Dorchester, and Cambridge, who settled in the same town, and at Hartford, then called Newtown. The removal of so large a number from Massachusetts was not effected without considerable opposition in that Colony, but in 1636 its General Court, although it had originally sanctioned the emigration only on condition that the new plantations should continue under its jurisdiction, granted a commission to eight persons, at the head of whom was Roger Ludlow, formerly Lieutenant Governor of Massachusetts, and said to have been the foremost lawyer of his time in New England, "to govern the people at Connecticut for the space of a year," and authorized the assembly of the planters as a General Court. At this time Springfield (or Agawam) was considered as one of the Connecticut towns. The first meeting of the commissioners was held at Hartford, April 26th, 1636, when constables were appointed for Dorchester, Newtown and Watertown, and regulations made as to trading with the Indians, the disposition of stray beasts, etc. In 1637, their commission having expired, the government was assumed by magistrates appointed by the several towns, who met iv PREFACE. from time to time in a General Court; but on January 14th, 1639, a regular Constitution of civil government was adopted by the three towns of Hartford, Wethersfield, and Windsor, Agawam preferring to remain in the jurisdiction of Massachusetts. This Constitution, styled " Fundamental Orders," was the first systematic instrument of that character known in American history, and probably in the world.* The preamble was as follows: "Forasmuch as it hath pleased the Allmighty God by the wise disposition of his diuyne pruidence so to Order and dispose of things that we, the Inhabitants and Residents of Windsor, Harteford and Wethersfield are now cohabiting and dwelling in and vppon the River of Conectecotte and the Lands thereunto adioyneing; And well knowing where a people are gathered togather the word of God requires that to mayntayne peace and vnion of such a people there should be an orderly and decent Gouerment established according to God, to order and dispose of the affayres of the people at all seasons as occation shall require; doe therefore assotiate and conioyne our selues to be as one Publike State or Commonwelth; and doe, for our selues and our Successors and such as shall be adioyned to vs att any tyme hereafter, enter into Combination and Confederation togather, to mayntayne and prsearue the liberty and purity of the gospell of our Lord Jesus woh we now prfesse, as also the disciplyne of the Churches, wch according to the truth of the said gospell is now practised amongst vs; As also in Or Ciuell Affaires to be guided and gouerned according to such Lawes, Rules, Orders and decrees as shall be made ordered & decreed, as followeth: —' Then followed eleven articles of government. There were to be two General Assemblies annually, in April and September; that in April for the election of a Governor and other Colony officers by ballot; the Governor not to be re-eligible the next year; and that in September to make all necessary laws. The General Assembly was to consist of the Governor, certain magistrates or assistants chosen by the whole Colony, and deputies from each town. The manner of nominating and electing the principal officers was prescribed with great particularity. No reference is made in it to any duty of allegiance except to the Colony, nor is the King or British government alluded to in any manner. In the following October, the various enactments of the Colony appear to have become so numerous as to require revision; and Governor Wyllys, Mr. Webster, and Mr. Spencer were appointed a committee to "review all former orders and lawes, and record such of them as they conceave to be necessary for publique concernement, and deliver them into the Secretaryes hands to be published to the severall Townes, and all other orders that they see cause to omitt to be suspended until the Court take further order." * The compact signed by the pilgrims on the Mayflower was a mere agreement to form a civil government. The Constitution of 1639 actually did form one, and established it in a definite and formal manner. PREFACE. V By the same Assembly it was provided that the general Colony laws should be recorded in a book in each town, and read aloud annually in town meeting. At the April session of the General Assembly in 1646, the following vote was passed: "Mr. Ludlowe is desiered to take some paynes in drawing forth a body of Lawes for the gouernment of this Common welth & p"sent the to the next Generall Court, and if he can prouide a man for his occations while he is imployed in the said searuice, he shalbe paid at the Country chardge." Governor Ludlow seems to have taken four years for this work, for it is not till May 1650, that his code was adopted by the Assembly. It covers over fifty printed pages of the first volume of the Colonial Records of Connecticut, and was a systematic and comprehensive body of laws, prefaced by a Bill of Rights, in which are contained several of the leading provisions of Magna Charta. It is arranged alphabetically, from ABILITY, and ACTIONS to WRECKERS, and VESSELLs, a custom which has been ever since adhered to in this State in the successive revisions of our statutes, until the adoption of the present one, in which a different plan has been followed. Of the seventy-seven titles in Governor Ludlow's code, fifty-eight contain provisions which are found, in substance, in the present revision; the remaining being principally criminal laws, and regulations suited only to a frontier settlement, such as provisions for a bounty for killing wolves, military guards during public worship, etc. One of these titles provided that' no person under the age of twenty years, nor any other that hath not allready accustomed himselfe to the vse thereof, shall take any Tobacko vntill hee hath brought a certificate vnder the hands of some who are approued for knowledge and skill in phisick, that it is vsefull for him, and allso that he hath receiued a lycense from the Court for the same." Those who had a license were, for the sake of example, prohibited under a penalty of sixpence from taking "any Tobacko publiquely in the street, high wayes, or any barne yards, or vppon training dayes in any open places." Neither in Ludlow's code, nor in any other collection of our Connecticut statutes, is anything to be found nearer than this to the imaginary Blue Laws, which a tory historian, during the Revolutionary war, imposed upon the credulity of the English public, in a publication which, with equal veracity, stated that at Bellows Falls the waters of the Connecticut river were compressed into such density as to bear up an iron crow-bar. In the Summer of 1637, a party arrived in Boston from London, who pushed on beyond the southern frontier of the New England settlements, and determined to found a new colony at Quinnipiac, now New Haven. A few of them remained there over the Winter, and we:;e joined by the rest in the Spring of 1638, when the Colony of New Haven was organized, vi PREFACE. on a basis of government, much more of a theocratic character than that of the Colony of Connecticut. The Bible, by which they seem to have had in mind principally the Mosaic law, was adopted as their rule of civil conduct for ordering the affairs of the plantation. Settlements were soon made at Guilford, Branford, Milford, and Stamford, and at Southhold on Long Island, which, with New Haven, constituted for over a quarter of a century the New Haven Colony. Their Colony laws were revised by Governor Eaton, at the request of the General Court, in 1655, and, being reported to the Court, were "by vote confirmed, and ordered to be printed wth the articles of confederation, also, and ye court further desired the gou' to send for one of the new booke of lawes in ye Massachusets colony, and to view over a small booke of lawes newly come from England, wch is said to be Mr. Cottons, and to add to what is already done as he shall thinke fitt, and then the court will meete againe to confirme them, but in ye meane time, (when they are finished,) they desire ye elders of ye jurisdiction may have ye sight of them for their approbation also." An edition of five hundred copies of this code was printed in London, and received for distribution in 1656. The legislation of Connecticut, and of New Haven, when the Scriptures were not thought to impose a different rule, was based upon the common law of England, so far as it was not inapplicable to the circumstances of an infant colony. When they found it unsuited to their wants, they did not hesitate to treat it as obsolete, or to substitute a contrary rule by an express statute. As the Colonies grew in wealth and population, and their commercial relations with the mother country and with foreign nations became of more importance, the want of a more solid foundation for their exercise of governmental powers was generally felt, and in 1661 Connecticut sent Governor Winthrop to London to procure, if possible, a royal charter, recognizing it as a body politic and corporate. He was successful, and returned in 1662 with a charter of great liberality, in favor of the Colony of Connecticut, substantially re-enacting the Constitution which her planters had already ordained for themselves, and extending its territorial limits so as to include the whole of the New Haven Colony. The Colony, as chartered, was "bounded on the east by Narraganset River, commonly called Narraganset Bay, where the said river falleth into the sea; and on the north by the line of the Massachusetts plantation; and on the south by the sea; and in longitude as the line of the Massachusetts colony, running from east to west, that is to say from the said Narraganset Bay on the east to the south sea on the west part, with the islands thereto adjoining." The leaders in the New Haven Colony struggled for some years to maintain its separate existence, but many of the planters were, from the first, in PREFACE. Vii favor of acquiescing in the new order of things, and in May 1665 the consolidation of the two Colonies was peaceably effected. The consequent increase of Connecticut in population and in territorial extent required some changes in her system of legislation, chief among which was the immediate organization of Superior and County Courts. In 1671 a committee, consisting of the Governor, Deputy Governor, and a majority of the assistants, was appointed to revise the statutes, which reported the next year. Their revision, which contained about double the number of the Titles in the old code, was approved, and printed at Cambridge in 1673. Every householder was required by law to purchase a copy of it, and it was to go into effect January first, 1674. In 1696, John Allyn, James Fitch, and Eleazer Kimberly were appointed to prepare a new revision, and in 1697 the reverend clergy of Hartford were requested to assist them by their advice. Their revision, though completed in 1700, was not printed until 1702. In 1714, the Governor and council were authorized to print a new edition of it, with the addition of the statutes subsequently enacted, and this compilation was the first printed in the Colony, the work being done at New London, by Timothy Green, " Printer to his Honour the GOVERNOUR and COUNCIL." The printing of the session laws in pamphlet form, after the close of each General Assembly, seems to have commenced in 1727. In 1742, Governors Wolcott, Fitch, and Trumbull, and Judge John Bulkley were appointed to prepare a new revision, being required however to make no alteration in the Acts relating to real estate. This revision did not appear until 1750.* A new edition of it was published in 1769, with the addition of the later statutes, arranged simply in their chronological order. The numerous departures from the common law made by the legislation of the American Colonies were unfavorably received by the British government, and attempts to check or correct them were repeatedly made. Towards the close of the seventeenth century, an appeal to the King in council was claimed by the losing party in an important case tried before a Connecticut Court, and refused. This refusal by the Court was sustained by the General Assembly, which transmitted to the King a statement that, by the charter of the Colony, the decisions of its courts of justice were to be in all cases final. The British government however overruled this claim, and entertained the appeal, which was afterwards followed by many others. Upon one of them, involving the title to real estate by descent, tihtlaw officers of the Crown took the position that the charter only made the Colony a sort of municipal corporation, with powers to make by-laws, but not to alter * The session laws from 1636 to 1743, inclusive, are to be found in the Colonial Reeords, which have been thus far printed. Viir PREFACE. the laws of the land as to the division of landed property; and they were sustained in this by the King and Council, by which it was decided that the statute of distributions of Connecticut, which for nearly a century had allowed female heirs to share with the male in real estate, was null and void, because repugnant to the laws of England. A special session of the General Assembly was immediately held to consider the case, which took such action as to causing the alarming consequences that would follow the annulling of the statute, in unsettling ancient titles, to be brought before the Court by the Colony agents at London, as procured the revocation of the Order in Council. The outbreak of the Revolution was promptly recognized by the General Assembly of Connecticut. The Acts passed at its May session in 1776 are no longer styled, in the official publication, the Acts of "His Majesty's English Colony of Connecticut," but simply the Acts of the English Colony of Connecticut. At this session, Acts were passed, repealing the penalties against high treason, and the form of the oath of allegiance, and directing all legal process to issue in the name of the Governor and Company of the Colony of Connecticut instead of "His Majesty's name," and to be dated, not by the year of the reign of the British monarch, but simply by that of the Christian era. At the October session in the same year, the Declaration of Independence was formally ratified, and the Colony declared to be a free and independent State.* During the few years that followed, the unsettled state of affairs, and the necessity of assuming many of the powers of legislation which belong to a sovereign nation, caused a great increase in the number of statutes; and in * This Act, which is the most important in our history, reads as follows: "WHEREAS, George the Third, King of Great Britain, hath unjustly levied war against this and the other United States of America, declared them out of his protection, and abdicated the Government of this State, whereby the good People of this State are absolved from their Allegiance and subjection to the Crown of Great Britain. And whereas, the Representatives of the said United States in General Congress assembled, have published and declared that these United States are, and of Right ought to be, free and independent States, and they are absolved from all allegiance to the British Crown. "RESOLVED by this Assembly, That they approve of the Declaration of Independence published by said Congress, and that this Colony is, and of Right ought to be, a Free and Independent State, and the Inhabitants thereof are resolved from all Allegiance to the British Crown, and all political Connections between them and the King of Great Britain is, and ought to be, totally dissolved. " And be it enacted by the Governor, Council, and Representatives, in General Court assembled, and by the Authority of the same, That the Form of Civil Government in this State shall continue to be as established by Charter received from Charles the Second, King of England, so far as an Adherence to the same will be consistent with an absolute Independence of this State on the Crown of Great Britain; and that all Officers. Civil and Mlilitary, heretofore appointed by this State, continue in the Execution of their several Offices, and the Laws of this State shall continue in Force until otherwise ordered: And that for the future all Writs and Processes in Law or Equity shall issue In the Lame of the Governor and Comnpany of the State of Connecticut; and that in all Summonses, Attachments, and other Processes before any Assistant or Jastice of the Peace, the Words One of his Mlfajesty's Justices of the Peace be omitted, and that instead thereof be inserted Justice of the Peace; and that no Writ or Process shall have or bear any Date save the Year of Our Lord Christ only; any Law, Usage, or Custom to the contrary notwithstanding. And that the Act in Alteration of an Act prescribing Forms of Writs, Processes, &c., be repealed, and the same is hereby repealed." PREFACE. ix May, 1783, Judges Roger Sherman and Richard Law were appointed to prepare a new revision. A special session of the General Assembly was held to pass upon the draft which they reported, and the different provisions were critically examined and discussed. After some amendments, it was adopted, and published in 1784. Two years later a second edition was printed; the first octavo edition of our statutes ever published. In 1762, about two hundred persons removed from Connecticut to the valley of the Wyoming, in Pennsylvania, a district within the chartered limits of each Colony, and over which each claimed jurisdiction. Their title, which was derived from the Susquehanna Company, an association of adventurers acting under the sanction of the General Assembly of Connecticut, was disputed by other settlers claiming under grants from the proprietaries of Pennsylvania. A miniature civil war, between the rival claimants to the soil, not unattended with bloodshed, and marked by several well-sustained sieges of block forts, resulted, which continued until the outbreak of the Revolution. The Connecticut settlers called their plantation Westmoreland. It was made a Probate District, by our General Assembly, in 1775, and its inhabitants constituted as the twenty-fourth regiment of the Colony militia; and in 1776 it was erected into a separate county by the name of the County of Westmoreland. It contributed two full companies to the "Connecticut Line," in the Continental Army, but, before the close of the Revolution, the controversy as to the jurisdiction over it having been brought before the Congress of the United States, heldt under the Articles of Confederation, and heard in 1782, by Commissioners appointed by Congress, was decided in favor of Pennsylvania. Connecticut acquiesced in the decision, and in the Revision of 1784 no mention is found of the County of 7Westmoreland. The adoption of the Constitution of the United States in 1789 required new changes in our legislation; and in 1795 Chauncey Goodrich, Jonathan Brace, and Enoch Perkins were appointed to revise the statutes again. They reported their work to the General Assembly in the Fall of the same year, and it was adopted, and printed in 1796 in octavo form. In 1807, a compilation of unusual excellence was prepared by Lieutenant Governor Treadwell, Enoch Perkins, and Thomas Day. For the first time, the committee was directed to note the dates of the enactments of the various Acts, and this was done with great fidelity and accuracy. Historical notes of great value were also added, and frequent references made to the various changes in the development of our institutions, as illustrated by our statute-book. Their powers did not extend to a revision of the laws, but simply to their publication in a convenient form. Up to 1818 the State had continued to subsist under no other Constitu PREFACE. tion than the ancient charter of Charles II, the republican character of which made it continue to answer the wants of our people longer than was the case in any other State, except Rhode Island. In that year, the present Constitution of the State was adopted by a vote of one hundred and thirtyfour yeas to sixty-one nays, in a convention of delegates from the several towns, meeting under authority of the General Assembly, and ratified by a popular vote of thirteen thousand nine hundred and eighteen yeas to twelve thousand three hundred and sixty-four nays. This action, which substituted a Senate for the Council of Assistants, gave a new tenure for judicial office, swept away all exclusive religious privileges, and made many other radical alterations in our system of government, gave rise to so much legislation that, in 1820, Judge Swift, Thomas Day, and Lemuel Whitman were appointed to make a thorough and unsparing revision of the great mass of statutes, which had accumulated since 1795. They did so with such success as to reduce them to the compass of a small octavo volume of hardly greater bulk than the Session Laws passed since the Compilation of 1808. They also made numerous changes both in the phraseology and the terms of the existing statutes, and supplied many provisions which a careful review of the whole field showed to be wanting. This was the Revision of 1821, and continued in force for over a quarter of a century. Successive editions, embracing the subsequent legislation, were printed in 1824, 1835, and 1838. That of 1835 was the first which contained references to judicial decisions. Public and Private Acts, so far as Private Acts were printed at all, were published together down to the Revision of 1821, in preparing which Private Acts were generally omitted, although those incorporating cities, boroughs, banks, and a few others of a quasi public character, were preserved. The annual publication, by the Secretary, of the Private Acts of each Session in a separate form, was commenced in 1837, in which year the Private Acts from 1789 to 1836 were also compiled and published by order of the General Assembly. Subsequent volumes of a similar character contain the Private Acts from 1836 to 1870; the whole series numbering six volumes.* In 1847, Governor Dutton, Judge Loren P. Waldo, and Francis Fellowes were appointed to prepare a new revision of the public statutes, which, as *At a session of the General Assembly in January, 1782, Stephen Mix Mitchell, Esq., and Col. HIezekiah Wyllys were appointed a committee "to procure copies of the Resolves of assembly which have never been printed, and such as having been from Time to Time printed in Hand Bills, which concern the public, and cause the same to be printed and corrected in their Order in a Pamphlet for the Use of the public." For some reason not apparent on the records, no action was taken by this committee. PREFACE. Xi finally approved, contained the session laws of 1848, and is known as the Revision of 1849. Five years later, Governor Dutton, Oliver H. Perry, John Dunham, Henry Peck, Henry B. Harrison, and J. Hammond Trumbull were appointed to compile an edition of this Revision, together with the statutes subsequently enacted, and the volume thus published is known as the Compilation of 1854. In 1864, Governor Dutton, Judge Waldo, and David B. Booth were appointed to prepare a new revision. Their work included the session laws of 1865, and was published at the close of that year under the name (then first adopted) of the General Statutes of Connecticut. It contained several new titles, and more extended reference to judicial decisions than any of the former compilations. In 1872, the undersigned, together with Albert S. Bolles, whose engagements subsequently prevented him from acting under the appointment, were appointed to prepare a new revision, it being provided that they should, " as far as practicable, consolidate all Acts relating to the same subject matter, correct ambiguities, supply all manifest omissions, insert such notes and references to the judicial decisions in this State as they may deem expedient, annexing thereto all statutes heretofore enacted relating to the settlement of inhabitants, if deemed expedient, arranging said edition in such manner as they may deem best, and report their doings to the next General Assembly." In entering upon our task, we found before us for revision the General Statutes of 1866, comprising seven hundred and forty-three pages, and nearly a thousand Public Acts subsequently passed. At the succeeding session of the General Assembly, we reported that the work was not yet completed, and were authorized to go forward with it, incorporating the Public Acts of that year. In 1874, we made the following report: To the General Assembly: The undersigned having been appointed, in 1872, a Commission to revise the statutes of this State, respectfully report that we have completed such revision, and herewith submit a copy of the same: In conformity with the practice which prevails in most of the States, and which seemed to us preferable to that heretofore followed in Connecticut, the arrangement of the various titles has been made in their natural, instead of their alphabetical order. Their number has also been considerably reduced by omissions and consolidations. Several ancient titles which, from changes in our social institutions, in the laws of evidence, or in the course of judicial decisions, have become useless or obsolete, such as those concerning Secret Assaults, Slavery, Revenue Stamps, and Taverners, we have struck out altogether; others of a similar character, such as those relating to the Inspection of Provisions intended for Exportation, Sales of Foreign Goods, and Wrecks, we have materially abridged. Xl PREFACE, Many statutes we have found to embrace nothing which was not already provided for by the common law, or by other statutes previously enacted and in force. All such, together with a few, which were manifestly passed to affect some particular case, not likely to recur, we have omitted. Other statutes, limited in their terms to meet some special occasion, but which seemed fair and equitable in principle, we have retained, but extended so as to cover all cases of the same general character. In combining statutes prohibiting acts of a similar nature under different penalties, we have so far as practicable, made the penalties uniform, by enlarging their limits in either direction, and giving the court a discretionary power to grade the punishment according to the circumstances of the case. In revising the laws as to Fisheries, we have pursued this course throughout, after consultation with the Fish Commissioners. We have in many instances changed the amounts heretofore prescribed for penalties and fees. In some cases, this has been done, because they were disproportioned to most of those of the same class and character; in others, because the depreciation in the value of money had rendered them clearly inadequate; in others still, because they were expressed in uneven numbers, derived from the ancient Colonial currency of pounds, shillings and pence. Numerous changes of this character will be found in the table of Probate fees, whiclh we were particularly directed to revise. Many Acts, private in their nature, though public in form, have been omitted as not properly belonging to the General Statutes of the State intended for the entire community. They have, however, been preserved in force by the saving clause in the concluding Title. Other provisions, public in their nature, though private in form, including many fixing the compensation of public officers, the distribution of public documeAits, &c., we have brought into our revision from the private Session Laws. We believe that the revision, which we have prepared, can be brought within the compass of one volume, but little larger than that of the present General Statutes, although it will contain the substance both of them and of an equal number of pages of Session Laws enacted since 1865. In order to attain this result, we have not only made the omissions and changes already indicated, but have carefully gone over every section of our existing laws, striking out all unnecessary verbiage and repetitions, and condensing every expression which we thought susceptible of it. In this manner we have occupied the greater part of seventeen sessions of the Commission, lasting from one to four days each, in addition to the labor of a similar character, bestowed by the different members separately upon the portions of the work especially distributed to each, which has occupied a much longer time. WVe think it would be inexpedient to encumber the present revision by annexing to it the ancient statutes concerning inhabitants. They were reprinted in the Compilation of 1854, as well as in the lRevision of 1849, and are therefore still easily accessible to most town officers and members of the bar. This report, with the manuscript of the Revision which accompanied it, was referred to a joint select committee for examination; and the Titles, PREFACE. Xiii Civil Actions, Domestic Relations, and Crimes and Criminal Prosecutfions, together with the Articles, Banks and Savings Banks, were printed for the inspection of the General Assembly. A favorable report was made by the committee, and the revision was adopted in the form of a single Public Act, and the undersigned were authorized to incorporate in it the Public Acts of 1874, and revise, arrange, and publish the whole as the General Statutes of Connecticut. The number of the Public Acts, passed since the Revision of 1866, is in all eleven hundred and twenty-five, covering ten hundred and twenty-three pages of the Session Laws in the form in which they are officially published; and we have also brought into the Revision a number of Acts of a public character which we found in the Private Laws. Nearly eighteen hundred pages of printed statutes, therefore, in all, have come under our examination in making the present Revision, which contains only five hundred and fifty-five pages. This result has been attained in part by a considerable enlargement in the size of the pages, but principally by the methods indicated in our report to the General Assembly. Many changes of importance in our forms of judicial procedure and remedies have been introduced in this Revision. One of the most noticeable is that requiring all Probate bonds to be hereafter taken to the State of Connecticut, and bonds on binding over and appeals in criminal cases to be likewise taken to the State instead of to the Treasurer; a similar provision to which has long been in force in most of the other States. Another change is that allowing a garnishee in a writ of foreign attachment, in certain circumstances, to make his disclosure by affidavit, out of court, a provision which has been introduced from the statutes of Iowa. Another is one authorizing the assessment of damages and benefits, resulting from the change of grade in an established highway by a municipal corporation, as has long been the law in Massachusetts. Another is the simplification of the action of replevin, by combining the several forms of proceeding heretofore in use into one. Another is the suspension of the statute of limitations when a cause of action has been fraudulently concealed; another authorizes the Superior Court to issue a bench warrant in any criminal case which may be within the jurisdiction of such court. This Revision is the first in which head-notes, giving the subject of each section, have been prefixed to the different Chapters. The references to judicial decisions, which it contains, embrace all down to the fortieth volume of the Connecticut Reports, inclusive. In order to insure a general circulation of these statutes, their price was fixed, in conformity with the recommendation of the joint select committee which reported upon them, at two dollars a volume, with a deduction to Xiv PREFACE. the trade, —a sum designedly made considerably less than their actual cost to the State. The proof-sheets, as they passed through the press, have been all inspected by each member of the Commission, and while we can hardly hope that no typographical errors have occurred, there are at least none which the utmost care on our part has not been exerted to prevent. DAVID B. BOOTI-I, GEORGE C. WVOODRUFF, JOHN P. C. MATHER, SIMEON E. BALDWIN, JOHN S. TURRILL. DECEMBER 12TH, 1874. TABLE OF TIHE TITLES OF THE GENERAL STATUTES, AND THEIR SUB-DIVISIONS. TITLE I. Territorial Divisions of the State. PAGE. CHAPTER I. Towns and Counties, - 1 CHAPTER II. Cities, Boroughs, and Villages, - - 2 TITLE II. Citizens, Aliens, and Indians. CHAPTER I. Citizens and Aliens, 4 CHAPTER II. Indians, - 5 TITLE III. Publie Officers. CHAPTER I. State Officers, Part I. Treasurer, - - - - 7 Part II. Secretary, - - 8 Part III. Controller of Public Accounts, - 10 Part IV. Commissioner of the School Fund, - 12 Part V. Executive Secretary, - - 14 Part VI. State Board of Education, - - 14 Part VII. Railroad Commissioners, - - 15 Part VIII. Bank Commissioners, - 16 Part IX. Insurance Commissioner, - - 16 Part X. Fish Commissioners, - - 17 Part XI. State Board of Agriculture, - 18 Part XII. State Prison Directors, - - 19 Part XIII. Board of Charities, - - 19 Part XIV. State Chemists, - - - 20 Part XV. Bureau of Labor Statistics, - 21 Part XVI. State Library Committee, and State Librarian, - - - 21 XVi CONTENTS. PAG(E. Part XVII. Notaries public and Conmmissioners of Deeds, - - - 21 Part XVIII. General Provisions, - 22 CHAPTER II. County Officers, - - - - 22 CHAPTER III. Town Officers. Part I. Elections, - - - - 24 Part II. Selectmen, - - - - 25 Part III. Town Clerks, - - - - 26 Part IV. Treasurer, - - - - 27 Part V. Registrar of Births, Marriages, and Deaths, 28 CHAPTER IV. Peace Officers. Part I. Sheriffs, - - - 30 Part II. Constables, - - - 32 Part III. Borough Bailiffs, - - 33 Part IV. Policemen, - - - 33 Part V. General Provisions, - - 34 TITLE IV. Courts. CHAPTER I. Justices of the Peace, - - - 35 CHAPTER II. Court of Common Pleas, and District Court, 37 CHAPTER III. Superior Court, - - - - 40 CHAPTER IV. Supreme Court of Errors, - - - 45 CHAPTER V. Probate Courts, - - - - 48 CHAPTER VI. General Provisions, - - - - 59 TITLE V. Elections. CHAPTER I. Election Districts, - - - 63 CHAPTER II. Registration of Electors, - - - 65 CHAPTER III. Admission of Electors, - - - 68 CHAPTER IV. Conduct of Elections, - - 69 CHAPTER V. Election of Members of Congress. Part I. Senators, - - - 75 Part II. Representatives, - - - 76 CHAPTER VI. Presidential Electors, - - 77 TITLE VI. General Assembly. 78 TITLE VII. Public Corporations. CHAPTER I. Meetings, - - - - - 83 CHAPTER II. Powes, - - - - - 85 CHAPTER III. Duties, - - - 88 CHAPTER IV. Town Deposit Fund, - - - - 89 CHAPTER V. General Provisions, - - - - 90 CONTENTS. XV1ii PAGE. TITLE VIII. 1Publie, Charitable, and Reformatory Institutions. CHAPTER I. State deform School, - - - 92 CHAPTER II. Connecticut Industrial School for Girls, - 94 CHAPTER III. Soldiers' Orphans, - - - - 95 CHAPTER IV. Connecticut Hospital for the Insane, - 96 CHAPTER IV. General Provisions, - - - 97 TITLE IX. Prisons. CHAPTER I. The State Prison, - - 101 CHAPTER II. County Jails, - 103 CHAPTER III. Work Houses, - - - - - 108 TITLE X. Militia. CHAPTER I. Liability and Exemption, - - - 111 CHAPTER II. Organization, - - - - 113 CHAPTER III. Arms, Armories, Uniforms and Equipments, 116 CHAPTER IV. Duties of certain Officers, - - - 118 CHAPTER V. Parades and Encamlpments, - - - 120 CHAPTER VI. Pay, - - - - - 121 CHAPTER VII. Fines and Courts-martial, - - 122 CHAPTER VIII. Governor's Guards, - - - - 125 TITLE XI. Education. CHAPTER I. Instruction of Children, - - 126 CHAPTER II. Duties of Towns, - - - - 128 CHAPTER III. Transfer of the Obligations and Property of School Societies to Towns, - - 130 CHAPTER IV. School Visitors, - - - - 131 CHAPTER V. School Districts, - - 33 CHAPTER VI. Consolidation of School Districts, - - 138 CHAPTER VII. District Committees, - - - 140 CHAPTER VIII. High Schools, 141 CHAPTER IX. School Libraries and Philosophical Apparatus, 142 CHAPTER X. Teachers, - 142 CHAPTER XI. Support of Public Schools, - - - 143 CHAPTER XII. The Normal School, - 147 CHAPTER XIII. Instruction in Colleges. Part I. Instruction in Agriculture and Mechanics, 149 Part II. Instruction in Medicine and Anatomy, - 150 xviii CONTENTS. TITLE XII. Taxation. CHAPTER I. Assessment of Taxes, - 152 CHAPTER II. Collection of Taxes, - - - 161 CHAPTER III. School District Taxes, - 165 CHAPTER IV. County Taxes, - 166 CHAPTER V. Special Taxes on Corporations, 167 TITLE XIII. Salaries and Fees. CHAPTER I. General Provisions, - - 172 CHAPTER II. State Officers, 173 CHAPTER III. The General Assembly, - - - 174 CHAPTER IV. Judicial Officers, - - - 174 CHAPTER V. Mlilitary Officers, - 175 CHAPTER VI. Presidential Electors, - - 175 CHAPTER VII. State Duties in Courts, - - - 175 CHAPTER VIII. Clerks of Courts, other than Probate Courts, 175 CHAPTER IX. Jurors, 176 CHAPTER X. Witnesses, - - 176 CHAPTER XI. State's Attorneys, - - 176 CHAPTER XII. Justices of the Peace, - - - 177 CHAPTER XIII. Parties in Civil Actions, - - - 177 CHAPTER XIV. Grand Jurors, - - - - 178 CHAPTER XV. Physicians, - - - - 178 CHAPTER XVI. County Commissioners, - - - 178 CHAPTER XVII. Notaries Public, - - - - 178 CHAPTER XVIII. Town Clerks, - - - - 179 CHAPTER XIX. Clerks of Common Fields, - 179 CHAPTER XX. Registrars of Births, Deaths, and Marriages,- - - - 179 CHAPTER XXI. Sheriffs and other Officers, - 179 CHAPTER XXII. Jailers, - - - - 181 CHAPTER XXIII. Coroners' Inquests, - - 181 CHAPTER XXIV. Assessors, - - 182 CHAPTER XXV. Selectmen, as Fence Viewers, - 182 CHAPTER XXVI. Oyster Committees, - - 182 CHAPTER XXVII. Harbor Masters, - - 182 CHAPTER XXVIII. Inspectors,.. 182 CHAPTER XXIX. Pound Keepers, 182 CHAPTER XXX. For Signing Writs, Acknowledgment of Deeds, &c., - - 183 CHAPTER XXXI. Courts of Probate, - - - 183 CONTENTS. xix PAGE. TITLE XIV. Domestic Relations. CHAPTER I. Marriage, - 185 CHAPTER II. Property of MIarried Women, - 186 CHAPTER III. Divorce, - - - - - 188 CHAPTER IV. Adoption of Children, - - - 189 CHAPTER V. Guardian and Ward, - - - 190 CHAPTER VI. Master and Servant - - - 192 TITLE XV. Paupers. CHAPTER I. Settlement, - - 195 CHAPTER II. Support. Part I. Support by Towns, - 199 Part II. Support by the State, - 200 Part III. Support by Relatives, - - - 202 TITLE XVI. Internal Police of the State. CHAPTER I. Coast Survey, - 204 CHAPTER II. Coroners' Inquests, and Incendiary Fires. Part I. Coroners' Inquests, - - 205 Part II. Incendiary Fires, - - - 206 CHAPTER III. Fences. Part I. Particular Enclosures, - 207 Part II. Common Fields, - 210 CHAPTER IV. Fisheries. Part I. Fisheries in Tide-waters and Rivers, Article I. Fisheries for Shell-fish, - - - 213 Article II. Pound, Net, and Seine Fishing, - 218 Article III. Fishlways, 223 Part II. Fisheries in Ponds, Reservoirs, and Streams, - 223 Part III. General Provisions, - - - 227 CHAPTER V. Gaming and Wagers, - 228 CHAPTER VI. Preservation of Game, - - - 229 CHAPTER VII. Highways, Turnpikes, Bridges, and Ferries. Part I. Construction, Maintenance, and Use, - 230 Part II. Turnpikes, - - - - 240 Part III. Toll and Draw-bridges, - - 245 Part IV. Ferries, - - 246 Part V. Penalties, - - - - 248 CHAPTER VIII. Navigation, - - - - - 249 CHAPTER IX. Nuisances, - - - - 253 XX CONTENTS. PAGE. CHAPTER X. Pounds, - 2-54 CHAPTER XI. Public Health and Safety, - - 257 CHAPTER XII. Sewers and Drains. Part I. Sewers, - - - - - 263 Part II. Drains, and Drain Companies, - - 265 CHAPTER XIII. Sheep and Dogs, - - - - 267 CHAPTER XIV. Intoxicating Liquors. Part I. Licenses, -. 268 Part II. Prosecutions and Forfeitures, - - 269 CHAPTER XV. Weights, Measures, and Inspection Laws, - 272 TITLE XVII. Private Corplorations. CHAPTER I. General Provisions, - - - - 277 CHAPTER II. Provisions concerning Particular Corporations. Part I. Agricultural Societies,- - - 282 Part II. Banks and Trust Companies, - Article I. General Provisions, - - 283 Article II. Directors and Cashiers, - - 285 Article III. Bank Commissioners, - - 287 Article IV. Closing Business of Banks, - 288 Article V. Banks Organizing under United States laws, - - - 289 Part III. Savings Banks, - - - 291 Part IV. Burying-grounds, - - - 293 Part V. Ecclesiastical Societies. Article I. General Provisions, - 294 Article II. Societies of Particular Denominations, 298 Part VI. Express Companies, - 300 Part VII. Insurance Companies. Article I. Fire and Marine Insurance, - 300 Article II. Foreign Fire Insurance Companies, 303 Article III. Life Insurance Companies, - 304 Article I V. Foreign Insurance Companies genlerally, -.- 306 Article V. General Provisions, - 307 Part VIII. Joint Stock Corporation s. Article I. Formation, - - - 310 Article II. Officers, - - - - 312 Article III. Powers, - - - - 313 Article IV. Liabilities of Oficers and IMemubers, 31 4 Article V. Removal and Diso11lution, - - 315 Part IX. Railroad Companiecs. Article I. Organization of Comlpanies, - 315 Article II. Steam Railroads, - - - 318 CONTENTS. xxi PAGE. 1. Officers and Members, - - 319 2. Railroad Commissioners, - - 319 3. Location and Construction, - - 321 4. Depots, - - - 326 5. Obligations of and to Companies, - 328 6. Bonds and Mortgages, - 332 7. Reports of Companies, - - 334 Article III. Horse Railroads, - - - 339 Article IV. General Penalty, - - - 340 Part X. Telegraph Companies, - - - 341 TITLE XVIII. Private Property. CHAPTER I. Notes and Bills, - - - 343 CHAPTER II. Escheats, - 345 CHAPTER III. Fraudulent Conveyances, - - - 345 CHAPTER IV. Incapable Persons. Part I. Conservators, - - - - 346 Part II. Overseers, - - - - 349 CHAPTER V. Interest, - 351 CHAPTER VI. Lands. Part I. Land Titles, - - - 351 Part II. Boundaries, 355 Part III. Common Lands, - - - 356 CHAPTER VII. Liens, - - - - - 358 CHAPTER VIII. Limited Partnerships, - - 364 CHAPTER IX. Strays and Lost Goods, - - 365 CHAPTER X. Trusts, - - - - - 367 CHAPTER XI. Estates of Deceased and Insolvent Persons. Part I. Of Deceased Persons, - - 368 Article I. Testate Estates, - - - 368 Article II. Intestate Estates, - - - 37'2 Article III. Insolvent Estates: Testate or Intestate,- - - - 375 Article IV. Dower, - - - - 376 Part II. Of Insolvent Persons, - - - 378 Part II!. General Provisions, - - 387 TITLE XIX. Civil Actions. CHAPTER I. Mesne Process, - - - 396 CHAPTER II. Service of Mesne Process, Attachments, and Interests thereby acquired, - - 401 CHAPTER III. Bail, - - - - - 411 CHAPTER IV. Jurisdiction and Velue, - - - 413 CHAPTER V. Parties, and Appearance, - - - 416 XXii CONTENTS. PAGE. CHAPTER VI. Abatement,.-. 420 CHAPTER VII. Pleadings, and Set-off, - - 423 CHAPTER VIII. Amendments, - - - - 426 CHAPTER IX. Practice, - - - - - 428 CHAPTER X. Juries, - - - - - 431 CHAPTER XI. Evidence, 435 CHAPTER XII. Defences, - - - - 441 CHAPTER XIII. Trial, - - - - 442 CHAPTER XIV. Judgments, Damaoges, and Costs, - - 444 CHAPTER XV. New Trials, and Error, - - - 447 CHAPTER XVI. Execution, - - - - - 452 CHAPTER XVII. Particular Riglhts and Forms of Action, Part I. Account, - - - - 466 Part II. Arbitration and Amlicable Suits, - 467 Part III. Bastardy Process, - - - 469 Part IV. Book-clebt, - - - 471 Part V. Disseisin, - 471 Part VI. Flowage Petitions, -. - - 472 Part VII. Forcible Entry and Detainer, - 474 Part VIII. Habeas Corpus, - - - 476 Part IX. Injunction's, - - - 477 Part X. Mandamus, - - - - 479 Part XI. Ne Exeat, - - - - 480 Part XII. Partition, and Sale, - 480 Part XIII. Prohibition, and Quo Warranto, - 481 Part XIV. Receivers - - - - 482 Part XV. Replevin, - - - - 484 Part XVI. Proceedings in paying Rewards, - 487 Part XVII. Special Statutory Actions, - - 488 Part XVIII. Summary Process, - - - 491 CHAPTER XVIII. Limitation of Civil Actions, - - 493 TITLE XX. Crimes and Criminal Proseecutions. CHAPTER I. Offences against the Sovereignty of the State. 497 CHA;PTER II. Offences against the Person, - - - 498 CHAPTErP III. Offences against Public Property, - - 500 CHAPTER' IV. Offences against, Private Property, - - 501 CHAPTER V. Offences against Public Justice, - - 506 CHAPTER VI. Offences against the Public Peace and Safety, 508 CHAPTER VII. Offences against Chastity, - - - 510 CHAPTER VIII. Offences against Decency,' Morality, and Humanity, - 512 CHAPTER IX. Offences against Public Policy, - 515 CHAPTER X. Forgery and Counterfeiting, - - - 522 CHAPTER XI. Frauds and False Pretences, - - - 523 CONTENTS. xxiii PAGE. CHAPTER XII. Quit-tam suits, and Forfeitures, 526 CHAPTER XIII. Criminal Prosecutions. Part I. Informing Officers, - - 531 Part II. Police and City Courts, and Justices of the Peace, - - - 532 Part III. Bail, - 535 Part IV. Jurisdiction and Powers of the Superior Court, and its Judges, - 536 Part V. Trial, and Proceedings after Conviction, 537 Part VI. Costs, - - - 541 Part VII. Rewards, - - - 543 Part VIII. Requisitions, - 544 Part IX. Limitation of Prosecutions, - - 545 Part X. General Provisions, - - - 545 TITLE XXI. Oaths. CHAPTER I. Administration of Oaths, - 547 CHAPTER II. Forms, - 548 TITLE XXII. Provisions for Defining and Establishing the General Statutes. 551 An Act to carry into Effect the Revision of the General Statutes, - - - 555 THE DECLARATION OF INDEPENDENCE, ADOPTED, JJULY 4TH, 1776. A DECLARATION BY THE REPRESENTATIVES OF THE UNITED STATES OF AMERICA, IN CONGRESS ASSEMBLED: WHEN, in the course of human events, it becomes necessary for one peo- Propriety of the pie to dissolve the political bands which have connected them with another, declaration and to assume, among the powers of the earth, the separate and equal station, to which the laws of nature and of nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation. We hold these truths to be self-evident, that all men are created equal; Unalienable that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness; that, to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that, whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute a new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. Prudence, indeed, will dictate, that governments long established should not be changed for light and transient causes; and accordingly all experience hath shown that mankind are more disposed to suffer, while evils are sufferable, than to right themselves, by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future *security. Such has been the patient sufferance of these colonies; and such is now the necessity which constrains them to alter their former systems of government. The history Absolut.e tyranny the object of of the present king of Great Britain is a history of repeated injuries and the kling of usurpations, all having in direct object the establishment of ari absolute GreatBritain. tyranny over these States. To prove this, let facts be submitted to a candid world. 1 XXvi vDECLARATION OF INIDEPENDENCE. Iecitation of He has refused his assent to laws the most wholesome and necessary for injuries an11d Usrpationi s on the public good. thcw liatt of thet ritilS:t crown. He has forbidden his Governors to pass laws of immediate and pressing importance, unless suspended in their operation till his assent should be obtained; and, when so suspended, he has utterly neglected to attend to them. He has refused to pass other laws for the accommodation of large districts of people, unless those people would relinquish the right of representation in the legislature-a right inestimable to them, and formidable to tyrants only. He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public records, for the sole purpose of fatiguing them into compliance with his measures. He has dissolved representative houses repeatedly, for opposing, with manly firmness, his invasions on the rights of the people. He has refused, for a long time after such dissolutions, to cause others to be elected; whereby the legislative powers, incapable of annihilation, have returned to the people at large, for their exercise; the State remaining, in the mean time, exposed to all the dangers of invasion from without, and convulsions within. He has endeavored to prevent the population of these States; for that purpose, obstructing the laws for naturalization of foreigners; refusing to pass others to encourage their migration hither, and raising the conditions of new appropriations of lands. He has obstructed the administration of justice, by refusing his assent to laws for establishing judiciary powers. He has made judges dependent on his will alone, for the tenure of their offices, and the amount and payment of their salaries. He has erected a multitude of new offices, and sent hither swarms of officers, to harass our people, and eat out their substance. He has kept among us, in times of peace, standing armies, without the consent of our legislatures. He has affected to render the military independent of, and superior to, the civil power. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his assent to their acts of pretended legislation: For quartering large bodies of armed troops among us: For protecting them, by a mock trial, from punishment for any murders which they should commit on the inhabitants of these States: For cutting off our trade with all parts of the world: For imposing taxes on us without our consent: For depriving us, in many cases, of the benefits of trial by jury: For transporting us beyond seas to be tried for pretended offences: For abolishing the free system of English laws in a neighboring province, establishing therein an arbitrary government, and enlarging its boundaries, so as to render it, at once, an example and fit instrument for introducing the same absolute rule into these colonies: For taking away our charters, abolishing our most valuable laws, and altering, fundamentally, the powers of our governments: DECLARATION OF INDEPENDENCE. Xxvii For suspending our own legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever. He has abdicated government here, by declaring us out of his protection, and waging war against us. He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people. He is, at this time, transporting large armies of foreign mercenaries to complete the works of death, desolation, and tyranny, already begun, with circumstances of cruelty and perfidy, scarcely paralleled in the most barbarous ages, and totally unworthy the head of a civilized nation. He has constrained our fellow citizens, talken captive on the high seas, to bear arms against their country, to become the executioners of their friends and brethren, or to fall themselves by their hands. He has excited domestic insurrections amongst us, and has endeavored to bring on the inhabitants of our frontiers the merciless Indian savages, whose known rule of warfare is an undistinguished destruction of all ages, sexes, and conditions. In every stage of these oppressions we have petitioned for redress, in the Petitions for redress f'olnldl utnmost humble terms: our repeated petitions have been answered only by a-ailivn.' repeated injury. A prince, whose character is thus'marked by every act which may define a tyrant, is unfit to be the ruler of a free people. Nor have we been wanting in attention to our British brethren. We Appeals to thc, Briti4sh peolplc, have warned them, from time to time, of attempts, by their legislature, to oliess. extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them, by the ties of our common kindred, to disavow these usurpations, which would inevitably interrupt our connections and correspondence. They, too, have been deaf to the voice of justice, and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our separation, and hold them, as we hold the rest of mankind, enemies in war, in peace friends. We, therefore, the representatives of the ITNITED STATES OF AMER- Dcilaation of ICA, in GENERAL CONGRESS assembled, appealing to the Supreme Judge of the world, for the rectitude of our intentions, do, in the name and by the authority of the good people of these colonies, solemnly publish and declare that these United Colonies are, and of right ought to be, XLE narrnr t 1Xdrp1idrlit OiPttr; that they are absolved from all all allegiance to the British crown, and that all political connection between them and the state of Great Britain is, and ought to be, totally dissolved; and that, as FREE ADAN ImDEPENDENT STATES, they have full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things, which independent States may of right do. And for the support of this declaration, with a firm reliance on the protection of ~i iltn ~Td uCr, we mutually pledge to each other our lives, our fortunes, and our sacred honor. The foregoing declaration was, by order of Congress, engrossed, and signed by the following members: JOHNX HANCOCK. xxviii DECLARATION OF INDEPENDENCE. NEW HAMPSHIRE. JOSIAH BARTLETT, MATTHEW THORNTON. WILLIAM WHIPPLE, MASSACHUSETTS BAY. SAMUEL ADAMS, ROBERT TREAT PAINE, JOHN ADAMS, ELBRIDGE GERRY. RHODE ISLAND, &c. STEPHEN HOPKINS, WILLIAM ELLERY, CONNECTICUT. ROGER SHERMAN, WILLIAM WILLIAMS, SAMUEL HUNTINGTON, OLIVER WOLCOTT. NEW YORK. WILLIAM FLOYD, FRANCIS LEWIS, PHILIP LIVINGSTON, LEWIS MORRIS. NEW JERSEY. RICHARD STOCKTON, JOHN HART, JOHN WITHERSPOON, ABRAHAM CLARK. FRANCIS HOPKINSON, PENNSYLVANIA. ROBERT MORRIS, JAMES SMITH, BENJAMIN RUSH, GEORGE TAYLOR, BENJAMIN FRANKLIN, JAMES WILSON, JOHN MORTON, GEORGE ROSS. GEORGE CLYMER, DELAWARE. C.ESAR RODNEY, THOMAS M'KEAN. GEORGE READ, MARYLAND. SAMUEL CHASE, THOMAS STONE, WILLIAM PACA, CHARLES CARROLL, of Carrollton, VIRGINIA. GEORGE WYTHE, THOMAS NELSON, JUN., RICHARD HENRY LEE, FRANCIS LIGHTFOOT LEE, THOMAS JEFFERSON, CARTER BRAXTON. BENJAMIN HARRISON, NORTH CAROLINA. WILLIAM HOOPER, JOHN PENN. JOSEPH HEWES, SOUTH CAROLINA. EDWARD RUTLEDGE, THOMAS LYNCH, JUN., THOMAS HEYWARD, JUN., ARTHUR MIDDLETON. GEORGIA. BUTTON GWINNETT, GEORGE WALTON. LYMAN HALL, CON STITUTI ON OF THE UNITED STATES OF AMERICA. WE, the People of the United States, in Order to form a more perfect Preamble. Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this CONSTITUTION for the United States of America. ARTICLE I. SECTION 1. All legislative Powers herein granted shall be vested in a Legislative powers. where Congress of the United States, which shall consist of a Senate and House of vested. Representatives. SECTION 2. The House of Representatives shall be composed of Members iHouse of Representatives, howv chosen every second Year by the People of the several States, and the constituted. Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature. No Person shall be a Representative who shall not have attained to the Qualifications of a representaAge of twenty five Years, and been seven Years a Citizen of the United tive. States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen. * Representatives and direct Taxes t shall be apportioned among the sev- Representatives and direct taxeral States which may be included within thiS Union, according to their es, hlowr aaortioned. respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first census. Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumera* Altered by the Fourteenth Amendment; see page xliii. t Direct taxes probably include only those on polls and real estate. S Wall., 544. XXX CONSTITUTION OF THE UNITED STATES. tion shall be made, the State of New Hampshire shall be entitled to chuse three, Miassachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one,?laryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three. Vacailc'es to be W7Vhen vacancies happen in the Representation from any State, the Esfiled. ecutive iAuthority thereof shall issue Writs of Election to fill such Vacancies. Pow-eir of choos- The House of Representatives shall chuse their Speaker and other Officers; ing officers; and of impeach- and shall have the sole Power of Impeachment. ment. Senators, how SECTION 3. The Senate of the United States shall be composed of two andl by whom chosen. Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one vote. Iow classified. Immediately after they shall be assembled in Consequence of the first Election they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one Vacancies, how third may be chosen every second Year; and if Vacancies happen by Resig. -Oiled, nation, or otherwise, duiring the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Mfeeting of the Legislature, which shall then fill such Vacancies. Qualifications of No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen. l'Prsident of The Vice President of the United States shall be President of the Senate, his right to vote. Senate, but shall have no Vote, unless they be equally divided. Officers of Sen- The Senate shall chuse their other Officers, and also a President pro ate, how chosen. tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States. Power to try im- The Senate shall have the sole Power to try all Impeachments. When peachments. s itting for that Purpose, they shall be on Oath or Affirmation. When the Chief Justice to President of the United States is tried, the Chief Justice shall preside: And preside, w-hen. no Person shall be convicted without the Concurrence of two thirds of the Members present. Sentence. Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust, or Profit, under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law. Times, &c., of SECTION 4. The Times, Places and Manner of holding Elections for holdin elcctions, khow pre- Senators and Representatives, shall be prescribed in each State by the Legisscribed. lature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the places of chusing Senators. One session in The Congress shall assemble at least once in every Year, and such Meeteach year. ing shall be on the first Monday in December, unless they shall by Law appoint a different Day. Membership. SECTION 5. Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute CONSTITUTION OF THE UNITED STATES. xXxi a Quorum to do Business; but a smaller Number may adjourn from day to Quorutm. day, and may be authorized to compel the Attendance of absent Members, Adjournments. in such Manner, and under such Penalties as each House may provide. Each House may determine the Rules of its Proceedings, punish its Mem- Rules. pow~elro puill'h or expel. bers for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member. Each House shall keep a Journal of its Proceedings, and from time to Journll. time publish the same, excepting such Parts as may in their judgment require Secrecy; and the Yeas and Nays of the Members of either House on Yeas and Nays. any question shall, at the Desire of one fifth of those Present, be entered on the Journal. Neither House, during the Session of Congress, shall, without the Con-.lime of adsent of the other, adjourn for more than three clays, nor to any other Place ited, unless, &ic. than that in which the two Houses shall be sitting. SECTION 6. The Senators and Representatives shall receive a Compensa- Compensation. tion for their Services, to be ascertained by law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Privileces. Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech, or Debate in either House, they shall not be questioned in any other Place. No Senator or Representative shall, during the Time for which he was Disqualification, in certain elected, be appointed to any civil Office under the Authority of the United cacses.'States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office. SECTION 7. All Bills for raising Revenue shall originate in the House House tooriginzn E, ~~~~~~~~ate all revenue of Representatives; but the Senate may propose or concur with Amend- bills. ments as on other Bills. Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who veto. shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two-thirds of that House shall agree Bill may be passed by twoto pass the Bill, it shall be sent, together with the Objections, to the other thirds of eac:h IHouse, notwvithHouse, by which it shall likewise be reconsidered, and if approved by two stalnding. thirds of that House, it shall become a Law. But in all such Cases, the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have Bill not ret:.nlbeen presented to him, the Same shall be a Law, in like Manner as if he ed in ten d:sy.. had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law. Every Order, Resolution, or Vote to which the Concurrence of the Senate Joint resolutions to be proand House of Representatives may be necessary (except on a question of seulted to the President Ior Adjournment) shall be presented to the President of the United States; and app)roval. XXX11 CONSTITUTION OF THE UNITED STATES. before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two-thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill. Powers of Con- SECTION 8. The Congress shall have Power To lay and collect Taxes, gross. Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; To borrow Money on the credit of the United States; * To regulate commerce with foreign Nations, and among the several States, Jt and with the Indian Tribes; To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States; To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures; To provide for the Punishment of counterfeiting the Securities and current Coin of the United States; To establish Post Offices and post Roads; To promote the progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective WVritings and Discoveries; To constitute Tribunals inferior to the supreme Court; To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations; To declare Wrar, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; To provide and maintain a Navy; To make Rules for the Government and Regulation of the' land and naval Forces: To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the Discipline prescribed by Congress; To exercise exclusive Legislation in all Cases whatsoever, over such Distr'ict (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;-And To make all Laws which shall be necessary and proper for carrying into Such loans are not taxable by the States. 2 Pet., 449. t This power extends only over watcrs whose navigation has a substantial value for commerce. 22 tonn., 153-1S5. States may authorize the collection of tolls for the improvement of navigable rivers. 12 Coln., 7' 18 Conn., 500. CONSTITUTION OF THE UNITED STATES. XXXiii Execution the foregoing Powers, and all other Powers vested by this Consti. tution in the Government of the United States, or in any Department or officer thereof.* SECTION 9. The Migration or Importation of such Persons as any of the Provision as to mnigiration or States now existing shall think proper to admit, shall not be prohibited by imiportation of certain persons. the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person. The Privilege of the Writ of Habeas Corpus shall not be suspended, f un- zzabeas corputs. less when in Cases of Rebellion or Invasion the public Safety may require it. No Bill of Attainder or ex post facto Law shall be passed.j BSills of attaindNo Capitation, or other direct, Tax shall be laid, unless in Proportion to Taxes. how apportioned. the Census or Enumeration herein before directed to be taken. No Tax or Duty shall be laid on Articles exported from any State. No export duty. No Preference shall be given by any Regulation of Commerce or Revenue No commercial preferences. to the ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another. No Money shall be drawn from the Treasury, but in Consequence of No money Appropriations made by Law; and a regular Statement and Account of the treasuruinless appropriated lby Receipts and Expenditures of all public Money shall be published from time law. to time. No Title of Nobility shall be granted by the United States: And no Per- Notitularnobilson holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of Officers not to receive presany kind whatever, from any King, Prince, or foreign State. ents. SECTION 10. No State shall enter into any Treaty, Alliance, or Confeder- tates prolhibited froom the exation; grant Letters of Marque and Reprisal; coin Money; emit Bills of ercise of certain powers. Credit;~ make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, 11 or grant any Title of Nobility. No State shall, without the consent of the Congress, lay any Imposts or * Charter of the U. S. Bank constitutional. 4 Conn., 317, 323, note; 9333, note. t Its suspension does not affect the dunty to issue the writ and to require a return showing the authority for the imprisonmelit. 4 Wall., 4. Bills of attainder defined. 4 Wall., 333. ExLr post facto law defined. 6 Cranch, 87; 5 Conn., 240. The Acts of 1820, 18S5, and 1826, confirming marriages, and the levies of executions, valid. 4 Conn., 209; 6 Conn., 54,190; 7 Conn., 319, 350. Act of 180, regiflating the laying out of highwiays in cities and boroughs, valid. 5 Conn., 237. Act of 1S56, confirming certain usurious contracts, valid. 28 Conn., 97. ~ Applies only to circulating currency, in which the State is the immediate promisor. 4 Pet., 447; 11 Pet., 316; 13 IIow., 16. 1' This protects charters of private corporations. 4 Wheat., 518; I Conn., 48; 18 Conn., 64. But not tenure of office of State officers. 10 IIow., 402. Nor other grants of a political character for public purposes. 10 How., 535. Nor does it interfere with State laws, retgulating their interncalpolice,-31 Conn., 2t;l: or validating void contracts. 30 Conn., 154. Whether Act of 1S20 regrarding draw of cew HIaven and East Itaven toll bridge, and that of 1S48, regarding draw of Washing ton bridge, constitutional. 4 Conn., 54; 18 Conn., 53. Discharge under State Insolvent law, w, hein valid, anDl when not. 3 Conn., 253, 304, 472; 5 Conn., 1; 6 Conn., 481); 9 Conn., 314; 1 Wall., 223. Taxation of property given to ecclesiastical societies under Act of 1702. 6 Conn., 223; 7 Conn., 335; 11 Conn., F251 ~: 6 Conn., 116; 38 Conn., 274. The Acts of 1833 and 1838, disposing of moneys distributed by the Act of 1S16, constitutional. 13 Conn., 87. Taking a franchise granted by the legislature, without compensation, invalid. 7 Conn., 28; 10 Conn., 522; i7 Conn., 40. With compensation, valid. i7 Conn., 454. Icere diversion of travel from chartered turnpike, not unconstitutional. 18 Conn., 451. Acts of 1836 and 1842, reviving ferry between Iartford and East lartford, unconstitutional. 16 (orn., 149; 17! Conn., 79. S. C., 10 IHow., 535. Divorce, though depriving the creditor of husbandllof title by Xxxiv CONSTITUTION OF THE UNITED STATES. Duties on Imports* or Exports, except what may be absolutely necessary for executing it's inspection Laws; and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress. No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops or Ships of War in time of peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of Delay. ARTICLE II. President and SECTION 1. The executive Power shall be vested in a President of the Vice President; th(ir teormorof United States of America. He shall hold his Office during the Term of tice. four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows: Electors ofPros- Each State shall appoint, in such Manner as the Legislature thereof may ident and "ice I'lIcsittent: nlim- direct, a Number of Electors, equalto the whole Number of Senators and ter, and how alppointed. - Representatives to which the State may be entitled in the Congress; but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector. [_iere followed lprovisions as to the mode of casting the electoral votes, which, are superseded by the Twelfth Amzendmtent. See pmage xli.] Electors to vote The Congress may determine the Time of chusing the Electors, and the onl salne day. Day on which they shall give their Votes; which Day shall be the same throughout the United States. Qualifications No Person, except a natural born Citizen, or a Citizen of the United Preside States, at the time of the Adoption of this Constitution, shall be eligible to tlhe Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States. o01n wnom his In Case of the Removal of the President from Office, or of his Death. dutiets devolve ill caseofhis re- Resignation, or Inability to discharge the Powers and Duties of the said miioral, death, or iiability. Office, the same shall devolve on the Vice President; and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inabiiity, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected. Presidelnts The President shall, at stated Times, receive for his Services, a Compencompen, sation. sation, which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them. Before he enter on the Execution of his Office, he shall take the following i1s oath. Oath or Affirmation: — "I do solemnly swear [or affirm] that I will faithfully execute the Office of President of the United States, and will to the levy and execution, not unconstitutional. S Conn., 541. Act of 1853, authorizin-r Superior Court to order sale of any real estate, &c., constitutional. 23 Conn., 94. Act of 1857, establishlling Union Ferry Co., not unconstitutional. 29 Conn., 210. *This does not include imports from another State. 8 Wall., 123. f Explained. 6 Wall., 34; 12 Wall., 218. CONSTITUTION OF THE UNITED STATES. XXXV best of my Ability, preserve, protect, and defend the Constitution of the United States." SECTION 2. The President shall be Commander in Chief of the Army President to be Coijunandrc in and Navy of the United States, and of the Militia of the several States, clhief. when called into the actual Service of the United States; he may require HIe m1a requic. the Opinion, in writing, of the principal Officer in each of the executive -inet 01CrM. Departments, upon any Subject relating to the Duties of their respective Offices; and he shall have Power to grant Reprieves and Pardons* for Pardonlin power. Offences against the United States, except in Cases of Impeachment. He shall have Power, lby and with the Advice and Consent of the Senate, Treaty-ll;ailr posh.vel to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of Nomination of -certain officers. the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departmnents. The President shall have Power to fill up all Vacancies that may happen Wrhern President may fill during the Recess of the Senate, by granting Commissions which shall expire vacallcies. at the End of their next Session. SECTION 3. He shall from time to time give to the Congress Information Uoessao'es to of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Dis- May convene, ain(i, in some agreement between them, with Respect to the Time of Adjournment, he cases, adjourn Con'-ress. may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws Shall receive be faithfully executed, and shall Commission all the Officers of the United execote l~aws, and commission States. ofilicers. SECTION 4. The President, Vice President, and all civil Officers of the Forfeiture of offices for United States, shall be removed from Office on Impeachmlent for, and Con- crimes. viction of, Treason, Bribery, or other high Crimes and Misdemeanors. ARTICLE III. SECTION 1. The judicial Power of the United States, shall be vested in Jtudicial pIt oer, one supreme Court, and in such inferior Courts as the Congress may from time to timue ordain and establish.t The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at TCnure of office. stated Times, receive for their Services, a Compensation, which shall not be Compcensation. diminished during their Continuance in Office. SECTION 2. The judicial Power shall extend to all Cases, in Law and Exteult of judicial power. Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;-to all Includes power to coinniute sentences. 1S How., 315. +tAts of Congress giving State courts jurisdiction, unconstitutional. 1 Wheat.,:330: 7 Conn., 2:39, 244. Xxxvi CONSTITUTION OF THE UNITED STATES. Cases affecting Ambassadors, other public Ministers and Consuls;-to all Cases of admiralty and maritime Jurisdiction;* —to Controversies to which the United States shall be a Party; — to Controversies between two or more See Amend- States; —between a State and Citizens of another State;-between Citiens of different States;-between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the citizens thereof, and foreign States, Citizens, or Subjects. t Original jris- In all Cases affecting Ambassadors, other public Ministers and Consuls, diction of Snpreme Court. and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Appellate. Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make. Trial by jury of The trial of all Crimes, except in Cases of Impeachment, shall be by Jury; criminal prosecutions. and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall Place oftrial. be at such Place or Places as the Congress may by Law have directed. Treason de- SECTION 3. Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the TestiProof. mony of two Witnesses to the same overt Act, or on Confession in open Court. Its punishment. The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.1 ARTICLE IV. Each State to SECTION 1. Full Faith and Credit shall be Given in each State to the give credit to the records of public Acts, Records, and judicial Proceedings of every other State.~ And every other. the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof. Privileges of SECTION 2. The Citizens of each State shall be entitled to all Privileges citizens of each State. and Immunities of Citizens in the several States.ll Fugitives fromn A Person charged in anlly State with Treason, Felony, or other Crime, justice to be delivered up. who shall flee from Justice, and be found in another State shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime. Persons held to No Person held to Service or Labour in one State, under the Laws thereof, service, having escaped, to be' escaping into another, shall, in Consequence of any Law or Regulation delivered up. *Includes all navigable waters, whether fresh or salt. 12 IIow., 443. State courts cannot proceed in rent against maritime property. 4 Wall., 431. But States can create certain liens on vessels, which Admiralty Courts might enforce. 1 Black, 530; 7 Wall., 644; 11 Wall., 185., United States may confiscate traitor's property in civil war. 11 Wall.. 26S. ~Notice when necessary to validity of judgment. 4 Conn., 8t0; 6 Conn., 508; 17 Conn., 500' 31 Conn., 224. Judgment of a State court has the same validity in the courts of every other State, as in the State where pronounced. 28 Conn., 433. Equity may restrain prosecution here of suit on a judgment fraudulently obtained in another State. 20 Conn., 544. IIIncludes only privileges generally attached to citizenship. 1S How., 593; 8 Wall., 180; 12 Wall., 430. Whether Act of 1833, regarding schools for colored persons, was constitutional, qlaere. 10 Conn., 339. An assignment of property may be valid against citizens of one State and not against those of another. 14 Conn., 583 CONSTITUTION OF THE UNITED STATES. XXXVii therein, be discharged from such Service or Labour; but shall be delivered up on claim of the Party to whom such Service or Labour may be due.* SECTION 3. New States may be admitted by the Congress into this Un- Admission of ion; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned, as well as of the Congress. The Congress shall have Power to dispose of and make all needful Rules Power of Congress over terriand Regulations respecting the Territory or other Property belonging to tory and (otlher property of the the United States;t and nothing in this Constituticn shall be so construed as United States. to Prejudice any Claims of the United States, or of any particular State. SECTION 4. The United States shall guarantee to every State in this Repulblican form of governUnion a Republican Form of Government, and shall protect each of them meont guaranagainst Invasion; and on application of. the Legislature, or of the Executive Each State to be (when the Legislature cannot be convened) against domestic Violence. protected. ARTICLE V. The Congress, whenever two thirds of both Houses shall deem it necessary, consttioton. how amended. shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided, that no Amendment which may Limitation of be made prior to the Year one thousand eight hundred and eight shall amendments. in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate. ARTICLE VI. All Debts contracted and Engagements entered into, before the Adoption Confirmation of old oblirations of this Constitution, shall be as valid against the United States under this of the tinited States. Constitution, as under the Confederation. This Constitution, and the Laws of the United States which shall be made Supremacy of Constitution, in Pursuance thereof; and all Treaties made, or which shall be made, under treaties, and laws of the the authority of the United States, shall be the supreme Law of the Land; United States. and the Judges in every State shall be bound thereby, anything in the Constitution or Laws of any State to the Contrary notwithstanding. The Senators and Representatives before mentioned, and the Members Oathto support Constitution, of the several State Legislatures, and all executive and judicial Officers, by whom taken. both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall No religious test. ever be required as a Qualification to any Office or public Trust under the United States. * Not applicable to slaves voluntarily brought into this State by their masters. 12 Conn., 3S. t This relates only to the property belonging to the United States at the time of the adoption of the Constitution. 19 How., 393. XXXVi1i CONSTITUTION OF THE U'ITED STATES. ARTICLE VII. What ratifica- The Ratification of the Conventions of nine States, shall be sufficient for tion sufficient to establish this the Establishment of this Constitution between the States so ratifying thle. Constitution. same. Done in Convention, by the Unanimous Consent of the States present tlr:, Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independance of the United States of America the Twelfth. In Witness whereof YWe have hereunto subscribed our Names. G-~: WASHINGTON, Presidt and dep2uty from /Viryinia. NEW HAMPSHIRE. JOHN ILANGDON, NICHOLAS GILMAAN. MASSACHUSETTS. INATHANIEL GO iHAM, RUFUS KING. CONN\ECTICUT. Will. SAML. JOIE,-soN, ROGER SI-ERMAN. NEW YORK. ALEXANDER HAIiLT0ON. NEW JERSEY. WV IL: LIVINGSTON, DAVID BREAR EY, -WTIL PATTERSON -, JONA: DAYTON. PENSYLVANIA. B FRANKLIN, THOiMAS MIFFLIN, ROBT. MORRIS, GEO. CLYMER, T0IIOIAS FITZSIMONS, JARED INGERSOLL, JArMES W/VILSON, Gouv MORRIS. IDELAWARE. GEO: READ, RICHARD BASSETT, JOHNI DICKI:NSON-, GUNNING- BEDFOR, JT1Ne JAco: BIeooc. MARYLAND. JAMES MCIIENEY, DAN OF ST THOS. JENIFER, DANL. CARROLL. VIRGINIA. Joii- BLAIR, JAMvES MADISON, JR. NORTH CAROLINA.'W'1r. BLOUN-T, TLICI1D. DOBBs SPAIGHT. HU WVILLIAMSON.. CONSTITUTION OF THE UNITED STATES. XXXix SOUTH CAROLINA. J. RBiTLE3DGE, CHARLES COTESWORTH PINCKNEY, CHARLES PINCKNEY, PIERCE BUTLER. GEORGIA. WILLIAM FEW, ABR. BALDWIN. Attest: WILLIAM JACKSON, Secretary.* * This Constitution was ratified by a Convention of delegates from the several towns in this State on January ninth 1788, by a vote of one hundred and twenty eight yeas to forty nays. By July, 1788, it had been ratified by nine of the States, and the Congress of the Confederation provided for the organization of the new government, which went into operation on the first Wcdnesday of MTarch (March 4th), 1789. The orthography and punctuation, both of the original Constitution, and of the several Amendments, have been followed exactly, in printing this work, by the aid of copies furnished for the purpose by the Secretary of State of the United States. xl CONSTITUTION OF THE UNITED STATES. ARTICLES, IN ADDITION TO, AND AMENDMENT OF, THE CONSTITUTION OF THE UNITED STATES OF AMERICA, Proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the Fifth Article of the original Constitution. ARTICLE I.* Proposed September twenty-fifth, 17S9. Ratification consummated December fifteenth, 1791. Religious estab- Congress shall make no law respecting an establishment of religion, or lishmcient prohibited. prohibiting the free exercise thereof; or abridging the freedom of speech, Freedom of speech and of or of the press; or the right of the people peaceably to assemble, and to the press, and right of peti- petition the Government for a redress of grievances. tion. ARTICLE II. Proposed September twenty-fifth, 17S9. Ratification consummated December fifteenth, 1791. Right to keep A well regulated Militia, being necessary to the security of a free State, and bear arms. the right of the people to keep and bear Arms, shall not be infringed. ARTICLE III. Proposed September twenty-fifth, 1789. Ratification consummated December fifteenth, 1791. Quartering sol- No soldier shall, in time of peace be quartered in any house, without diers in private houses. the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. ARTICLE IV. Proposed September twenty-fifth, 1789. Ratification consummated December fifteenth, 1791. Right of search The right of the people to be secure in their persons, houses, papers, and and seizure regulated. effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. ARTICLE V. Proposed September twenty-fifth, 1789. Ratification consummated December fifteenth, 1791. Criminal prose- No person shall be held to answer for a capital, or otherwise infamous cutions, trials and punish- crime, unless on a presentment or indictment of a Grand Jury,+ except in ments. cases arising in the land or naval forces, or in the Militia, when in actual service, in time of War or public danger; nor shall any person be subject, for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled, in any Criminal Case, to be a witness against himself, nor be * The first twelve Articles of these Amendments were never ratified by this State. t See 4 Wall.. 190. CONSTITUTION OF THE UNITED STATES. xli deprived of life, liberty, or property, without due process of law; nor shall Taking private property for private property be taken for public use, without just compensation. public use. ARTICLE VI. Proposed September twenty-fifth, 1789. Ratification consummated December fifteenth, 1791. In all criminal prosecutions, the accused shall enjoy the right to a speedy u Frtherprovisand public trial, by an impartial jury of the State and district wherein the criminal prosecrime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining Witnesses in his favor; and to have the Assistance of Counsel for his defence. ARTICLE VII. Proposed September twenty-fifth, 1789. Ratification consummated December fifteenth, 1791. In suits at common law, where the value in controversy shall exceed jightof tredial by twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.* ARTICLE VIII. Proposed September twenty-fifth, 1789. Ratification consummated December fifteenth, 1791. Excessive bail shall not be required, nor excessive fines imposed, nor Excessive bail, cruel and unusual punishments inflicted. ARTICLE IX. Proposed September twenty-fifth, 1789. Ratification consummated December fifteenth, 1791. The enumeration in the Constitution, of certain rights, shall not be con- Rights retained strued to deny or disparage others retained by the people. by the people. ARTICLE X. Proposed September twenty-fifth, 1789. Ratification consummated December fifteenth, 1791. The powers not delegated to the United States by the Constitution, nor Powers not delegated to the prohibited by it to the States, are reserved to the States respectively, or to United States. the people. ARTICLE XI. Proposed March fourth, 1794. Ratification consummated January eighth, 1798. The judicial power of the United States shall not be construed to extend Suits against a State by an into any suit in law or equity, commenced or prosecuted against one of the dividual. United States by Citizens of another State, or by Citizens or Subjects of any Foreign State. ARTICLE XII. Proposed December twelfth, 1803. Ratification consummated September twenty-fifth, 1804. The Electors shall meet in their respective states, and vote by ballot for Manner of choosing PresiPresident and Vice-President, one of whom, at least, shall not be an inhab- dent anl Viceitant of the same state with themselves; they shall name in their ballots the * This affects only United States courts. 12 Conn., 243. But prevents them from reviewing verdicts in State courts. 9 Wall., 274. 2 xlii CONSTITUTION OF THE UNITED STATES. person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which list they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; —The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be' counted;-The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President. The person having the greatest number of votes as VicePresident, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President, shall be eligible to that of Vice-President of the United States. ARTICLE XIII.* Proposed February first, 1865. Ratification consummated December eighteenth, 1S65. Slavery abol- SECTION 1. Neither slavery nor involuntary servitude, except as a punished. ishment for crime whereof the party shall have been duly convicted, shall exist within the- United States, or any place subject to their jurisdiction. SECTION 2. Congress shall have power to enforce this article by appropriate legislation. ARTICLE XIV.t Proposed June sixteenth, 1S66. Ratification consummated July twenty-eighth, 1S6S. Citizenship de- SECTION 1. All persons born or naturalized in the United States and finleod. subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law Privileges of which shall abridge the privileges or immunities of citizens of the United citizens. States;; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.: Ratified by this State, MIay 5th, 1865. - Ratified by this State, June 30th, 1866.: These differ from those of citizens of a State. 16 Wall., 36. And the latter are, therefore, not protected against legislation by their own State, abridging their privileges. 38 Conn., 233. CONSTITUTION OF THE UNITED STATES. xliii SECTION 2. Representatives shall be apportioned among the several States Apportionment of RIcpresentaaccording to their respective numbers, counting the whole number of per- tives in Consons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of tile United States, Representatives in Congress, the Elxecutive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. SECTION 3. No person shall be a Senator or Representative in Congress, Persons who have broken an or elector of President and Vice-President, or hold any office, civil or mili- official oatlh of allegiance, by tary, under the United States, or under any State, who, having previously aiding in rebelt dlon,e'disqualitaken an oath as a member of Congress, or as an officer of the United lioned to hqaliStates, or as a member of any State legislature, or as an executive or offce. judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability. SECTION 4. The validity of the public debt of the United States, au- Public debt obthorized by law, including debts incurred for payment of pensions and ligatory. bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; Claims for losses by emanbut all such debts, obligations, and claims shall be held illegal and void. cipation of SECTION 5. That Congress shall have power to enforce, by appropriate legislation, the provisions of this article. ARTICLE XV.* Proposed February twenty-seventh, 1869. Ratification consummated March thirtieth, 1870. SECTION 1. The right of citizens of the United States to vote shall not Race or color not to disqualify be denied or abridged by the United States or by any State on account citizens as electors. of race, color, or previous condition of servitude. SECTION 2. The Congress shall have power to enforce this article by appropriate legislation. *Ratified by this.State, May 19th, 1869., THE CONSTITUTION OF CONNECTICUT.* PREAMBLE. THE people of Connecticut acknowledging with gratitude, the good Preamble. providence of God, in having permitted them to enjoy a free government, do, in order more effectually to define, secure, and perpetuate the liberties, rights and privileges which they have derived from their ancestors, hereby, after a careful consideration and revision, ordain and establish the following Constitution, and form of civil government.t ARTICLE FIRST, DECLARATION OF RIGHTS. That the great and essential principles of liberty and free government may be recognized and established, Wtce Dc lare, SECT. 1. That all men when they form a social compact, are equal in Equality of rights; and that no man or set of men are entitled to exclusive public rights. emoluments or privileges from the community.: SECT. 2. That all political power is inherent in the people, and all free Source of politi. governments are founded on their authority, and instituted for their bene-.ight to a lter fit; and that they have at all times an undeniable and indefeasible right form of govern to alter their form of government in such a manner as they may think expedient. SECT. 3. The exercise and enjoyment of religious profession and wor- Right of reliship, without discrimination, shall forever be free to all persons in this gious liberty. State, provided that the right hereby declared and established, shall not be so construed as to excuse acts of licentiousness, or to justify practices inconsistent with the peace and safety of the State. SECT. 4. No preference shall be given by law to any Christian sect or No preference in religion. mode of worship. * This Constitution, as here printed, has been carefully collated with the original roll of the Constitution, engrossed on parchment, and signed by the officers of the Convention. Two clerical errors occurred in engrossing Article First, namely: in the first line of the nineteenth section, " quartered " was written quarted; and in the second line of the twentieth section, "conferred" was written conconferred. These errors were corrected in the official record of the Constitution, made from the parchment roll, and t]e Revisers have, in these instances, followed the record rather than the original, which, however, has been otherwise exactly reproduccd. The several Amendments to the Constitution, as here printed, are also exact copies of such official records of them, as the Revisers have thought to be most correct. Prior to 1874, there was no law or practice requiring constitutional amendments to be engrossed, and serious errors have occurred both in printing them with the Session laws, when proposecand in recording them. The Revisers have therefore followed, in this edition, in some instances the records in the Secretary's office, and in others the official publication of the annual Session laws. t This Constitution a limitation, not a grant of power. 8 Conn., 541; 13 Conn., 119. $ A grant of the exclusive right to lay gas-pipes in the streets of a particular city is void, as creating a monopoly. 25 Conn., 34-38. Allowing sales of intoxicating liquors to be made by town agents only, does not create one. 25 Conn., 288. xlvi CONSTITUTION OF CONNECTICUT. SECT. 5. Every citizen may freely speak, write and publish his sentiLiberty of ments on all subjects, being responsible for the abuse of that liberty. speechl and of the press. SECT. 6. No law shall ever be passed to curtail or restrain the liberty of speech or of the press.* 1Prosecutions SECT. 7. In all prosecutions or indictments for libels, the truth may be for libel defences. given in evidence, and the jury shall have the right to determine the law and the facts, under the direction of the court. Security from SECT. 8. The people shall be secure in their persons, houses, papers and searches and seizaures. possessions from unreasonable searches or seizures; and no warrant to search any place, or to seize any person or things, shall issue without describing them as nearly as may be, nor without probable cause supported by oath or affirmation.t Rights of the SECT. 9. In all criminal prosecutions, the accused shall have a right to aceused in criminal proseecn- be heard by himself and by counsel; to demand the nature and cause of the accusation; to be confronted by the witnesses against him; to have compulsory process to obtain witnesses in his favour; and in all prosecutions by indictment or information, a speedy public trial by an impartial jury.: He shall not be compelled to give evidence against himself, nor be deprived of life, liberty, or property, but by due course of law. And no person shall be holden to answer for any crime, the punishment of which may be death or imprisonment for life, unless on a presentment or an Presentmentof indictment of a grand jury;~ except in the land or naval forces, or in the a'rand jury, when necessary. militia when in actual service in time of war, or public danger. Right of per- SECT. 10. No person shall be arrested, detained or punished, except in sonal liberty. cases clearly warranted by law. Iight of private SECT. 11. The property of no person shall be taken for public use. property. without just compensation therefor.~ Right of redress SECT. 12. All courts shall be open, and every person, for an injury dlone to him in his person, property or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial or delay. Excessive bail, SECT. 13. Excessive bail shall not be required, nor excessive fines imr or fnles. posed. wlhat cases are SECT. 14. All prisoners shall, before conviction, be bailable by sufficient bailable. sureties, except for capital offences, where the proof is evident, or the prewrit of haobeas sumption great; and the privileges of the writ of habeas corpus shall not be suspended, unless when in case of rebellion or invasion, the public safety may require it; nor in any case, but by the legislature. *Prohibiting publishing proposals for selling lottery tickets does not infringe the liberty of the press. 28 Conn., 225. 1 Applicable to search warrants only. 4 Conn., 117. Form of oath required to procure warrant to seize liluors. 30 Conn., 450.' This does not apply to prosecutions before justices of the peace. 12 Co:ln., 454, 455. ~ For Common Law offences, presentment by grand jury unnecessary. 3 Conn., 112. Accused has no right to be present before grand jury. 21 Conn., 272., Franchises may be thus taken. 17 Conn., 462-465. Change of grade of highway not a new taking of property. 29 Conn., 536, 537. Payment must be made before the property is used by the public. 19 Conn., 151. This section does not apply to the taking of property by taxation. 23 Conn., 189; 32 Conn., 130. Though it be to pay for aid given by a city, under legislative authority, to a private corporation in building a railroad. 15 Conn., 475. Land taken for such a railroad, is taken for public use. 21 Conn., 294. Consequential injuries, when no property is taken, need not be paid for. 21 Conn.. 313. Nor when resulting from improvements of navigable rivers. 9 Conn., 436. See 14 Conn., 146. Under this section, towns cannot give liberty to depasture cattle on highway. 28 Conn., 165. CONSTITUTION OF CONNECTICUT. xlvii SECT. 15. N1o person shall be attainted of treason or felony, by the legis- No attainder, lature. SECT. 16. The citizens have a right, in a peaceable manner, to assemble Rioht to assemble. and to petifor their common good, and to apply to those invested with the powers of tionl. government, for redress of grievances, or other proper purposes, by petition, address or remonstrance. SECT. 17. Every citizen has a right to bear arms in defence of himself niinht to bear and the State. SECT. 18. The military shall, in all cases, and at all times, be in strict 1llitaypoer, 7,n sl~ubordinate to subordination to the civil power. civil. SECT. 19. No soldier shall, in time of peace, be quartered in any house, Qlartering of without the consent of the owner; nor in time of war, but in a manner to be prescribed by law. SECT. 20. No hereditary emoluments, privileges, or honors, shall ever No hereditary be granted, or conferred, in this State. SECT. 21. The right of trial by jury shall remain inviolate.* Trial by jury. ARTICLE SECOND. OF THE DISTRIBUTION OF POWERS. The powers of government shall be divided into three distinct depart- Distribution of powers. ments, and each of them confided to a separate magistracy, to wit, those which are legislative, to one; those which are executive, to another; and those which are judicial, to another. ARTICLE THIRD. OF THE LEGISLATIVE DEPARTMENT. SECT. 1. The legislative power of this Statet shall be vested in two dis- Legislative power, in whom tinct houses or branches; the one to be styled TIHE SENATE, the other THIE vested. HousE OF REPRESENTATIVES, and both together THE GENERAL ASSEMBLY. The style of their laws shall be, Be it enacted by the Senate anzd.rhouse of Representatives in General Assembly convened. SECT. 2. There shall be one stated session of the General Assembly, to be General Assembly, when and holden in each year, alternately at Hartford and New-Haven,' on the first blycre holden. Wednesday of May, and at such other times as the General Assembly shall judge necessary; the first session to be holden at IIartford: but the person administering the office of Governour, may, on special emergencies, convene the General Assembly at either of said places, at any other time. And in case of danger frcm the prevalence of contagious diseases, in either of said places, or other circumstances, the person administering the office of Governour may, by proclamation, convene said Assembly at any other place in this State. * There is no such right in justice suits. 4 Conn., 71; 12 Conn., 448. Nor on appeals from Probate. 35 Conn., 455. The Act of 1S21, enlarging the jurisdiction of justices of the peace, not unconstitutional. 4 Conn., 535. See 25 Conn., 2S6. Nor Act restricting appeals from their judgments in certain cases. 34 Conn., 54, 55. The charters of cities requiring jurors to be selected from the freemen not unconstitutional. 12 Conn., 243. Statute exempting military officers from civil suits, not unconstitutional. 14 Conn., 200. Act authorizing courts to grant non-suits, not unconstitutional, 24 Conn., 468. t This comprehends the power of legislating on every subject not prohibited by this or the U. S. Constitution. 8 Conn., 517. 13 Conn., 125. 30 Conn., 458, 596. 32 Conn., 126. But a Private Act, directly impairing the rights of one not a party to it, would be void. 9 Conn., 115. + Altered by Amendment of 1873. xlviii CONSTITUTION OF CONNECTICUT. nouse of Repre- SECT. 3. The House of Representatives shall consist of electors residing enntatives, how con*stitllted. in towns from which they are elected. The number of representatives from each town shall be the same as at present practiced and allowed. In case a new town shall hereafter be incorporated, such new town shall be entitled to one representative only; and if such new town shall be made from one or more towns, the town or towns from which the same shall be made, shall be entitled to the same number of representatives as at present allowed, unless the number shall be reduced by the consent of such town or towns. Senate. SECT. 4. The Senate shall consist of twelve members, to be chosen annually by the electors.* Election of sen- SECT. 5. At the meetings of the electors, held in the several towns in ators. this State in April annually, after the election of representatives, the electors present shall be called upon to bring in their writtent ballots for senators. The presiding officer shall receive the votes of the electors, and count and declare them in open meeting. The presiding officer shall also make duplicate lists of the persons voted for, and of the number of votes for Return ofvotes. each, which shall be certified by the presiding officer; one of which lists shall be delivered to the town clerk, and the other within ten days after said meeting, shall be delivered under seal, either to the secretary, or to the sheriff of the county in which said town is situated; which list shall be directed to the Secretary, with a superscription expressing the purport of the contents thereof: and each sheriff, who shall receive such votes, shall, within fifteen days after said meeting, deliver, or cause them to be delivered, to the Secretary. Canvass and de- SECT. 6. The Treasurer, Secretary, and Coitroller, for the time being, claration of votes. shall canvass the votes publicly. The twelve: persons having the greatest number of votes for senators, shall be declared to be elected. But in cases where no choice is made by the electors in consequence of an equality of votes, the House of Representatives shall designate, by ballot, which of the candidates having such equal number of votes, shall be declared to be Return and re- elected. The return of votes, and the result of the canvass, shall be subtilt to le sh- mitted to the House of Representatives, and also to the Senate, on the first houses. day of the session of the General Assembly; and each house shall be the final judge of the election returns and qualifications of its own members. Officers. SECT. 7. The House of Representatives, when assembled, shall choose a speaker, clerk, and other officers. The Senate shall choose its clerk, and Quorum. other officers, except the President. A majority of each house shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and compel the attendance of absent members in such manner, and under such penalties, as each house may prescribe. Powers of each SECT. 8. Each house shall determine the rules of its own proceedings, house. punish members for disorderly conduct, and, with the consent of two thirds, expel a member, but not a second time for the same cause; and shall have all other powers necessary for a branch of the legislature of a free and independent State. Journal. SECT. 9. Each house shall keep a journal of its proceedings, and publish the same, when required by one-fifth of its members, except such parts as, * Altered by Amendment of 1S28. t Altered by Amendments of 1836 and 1864.: Altered by Amendment of 1S36. CONSTITUTION OF CONNECTICUT. xlix in the judgment of a majority require secrecy. The yeas and nays of the Yeas and nays. members of either house shall, at the desire of one-fifth of those present, be entered on the journals. SECT. 10. The senators and representatives shall, in all cases of civil pro- Privilege from arrest. cess, be privileged from arrest, during the session of the general assembly, and for four days before the commencement, and after the termination of any session thereof. And for any speech or debate in either house, they Privilege as to speech or deshall not be questioned in any other place. bate. SECT. 11. The debates of each house shall be public, except on such oc- Debtes to be casions as, in the opinion of the house, may require secrecy. ARTICLE FOURTH. OF THE EXECUTIVE DEPARTMENT. SECT. 1. The supreme executive power of the State shall be vested in a Governor. Governour, who shall be chosen by the electors of the State, and shall hold his office for one year from the first Wednesday of May next succeeding Termof office. his election, and until his successor be duly qualified. No person, who is not an elector of this State, and who has not arrived at the age of thirty Qualifications. years, shall be eligible. SECT. 2. At the meetings of the electors in the respective towns, in the Election of month of April in each year, immediately after the election of senators, the presiding officers shall call upon the electors to bring in their ballots for him whom they would elect to be Governour, with his name fairly written.* When such ballots shall have been received and counted in the presence of the electors, duplicate lists of the persons voted for, and of the number of votes given for each, shall be made and certified by the presiding officer, one of which lists shall be deposited in the office of the town clerk within three days, and the other, within ten days after said election, shall be transmitted to the Secretary, or to the sheriff of the county, in which such elec- Return of votes. tion shall have been held. The sheriff receiving said votes shall deliver, or cause them to be delivered to the Secretary, within fifteen days next after said election. The votes so returned shall be counted by the Treasurer, Secretary, and Controller, within the month of April. A fair list Canvass and declaration of of the persons and number of votes given for each, together with the re- votes. turns of the presiding officers, shall be, by the Treasurer, Secretary, and Controller, made and laid before the General Assembly, then next to be holden, on the first day of the session thereof; and said Assembly shall, after examination of the same, declare the person whom they shall find to be legally chosen, and give him notice accordingly. If no person shall have a Choice by General Assembly, majority of the whole number of said votes, or if two or more shall have in what case, and how to be an equal and the greatest number of said votes, then said Assembly, on the le to be second day of their session, by joint ballot of both houses, shall proceed, without debate, to choose a Governour from a list of the names of the two persons having the greatest number of votes, or of the names of the persons having an equal and highest number of votes so returned as aforesaid. The General Assembly shall by law prescribe the manner in which all questions concerning the election of a Governour, or Lieutenant Governour, shall be determined. * Altered by Amendment of 1836. I CONSTITUTION OF CONNECTICUT. Li entenant SECT. 3. At the annual meetings of the electors, immediately after the Govcnor. election of Governour, there shall also be chosen in the same manner as is herein before provided for the election of Governour, a Lieutenant Gover. nour,* who shall continue in office for the same time, and possess the same qualifications. Compensation SECT. 4. The compensations of the Governour, Lieutenant Governour, senof State ofelcelrs. ators and representatives, shall be established by law, and shall not be varied so as to take effect until after an election, which shall next succeed the passage of the law establishing said compensations. Governor to SECT. 5. The Governour shall be Captain General of the militia of the coainiand the militia. State, except when called into the service of the United States. Governor may SECT. 6. He may require information in writing from the officers in the requirie inlfbrm - y1tion, Wcr. executive department, on any subject relating to the duties of their respective offices. Power of ad SECT. 7. The Governour, in case of a disagreement between the two houses GeneralAssemn- of the General Assembly, respecting the time of adjournment, may adjourn them to such time as he shall think proper, not beyond the day of the next stated session. )uties of Gov- SECT. 8. He shall, from time to time, give to the General Assembly, information of the state of the government, and recommend to their consideration such measures as he shall deem expedient. SECT. 9. He shall take care that the laws be faithfully executed. Power to grant SECT. 10. The Governour shall have power to grant reprieves after conrelprieves. viction, in all cases except those of impeachment, until the end of the next session of the General Assembly, and no longer. Commissions. SECT. 11. All commissions shall be in the name and by authority of the State of Connecticut; shall be sealed with the State seal, signed by the Governour, and attested by the Secretary. Power and dity SECT. 12. Every.bill which shall have passed both houses of the General of Gtovernor in relation to bills. Assembly, shall be presented to the Governour. If he approves, he shall sign and transmit it to the Secretary, but if not, he shall return it to the house in which it originated, with his objections, which shall be entered on the journals of the house; who shall proceed to reconsider the bill. If Proceedings on after such reconsideration, that house shall again pass it, it shall be sent, bills retuiriled by the Governor. with the objections, to the other house, which shall also reconsider it. If approved, it shall become a law. But in such cases the votes of both houses shall be determined by yeas and nays; and the names of the members voting for and against the bill, shall be entered on the journals of each house respectively. If the bill shall not be returned by the Governour within three days, Sundays excepted, after it shall have been presented to him, the same shall be a law., in like manner as if he had signed it; unless the General Assembly, by. their adjournment, prevents its return, in which case it shall not be a law. President of the SECT. 13. The Lieutenant Governour shall, by virtue of his office, be President of the Senate, and have, wshen in committee of the whole, a right to debate, and when the Senate is equally divided, to give the casting vote. When the Lieut- SECT. 14. In case of the death, resignation, refusal to serve, or removal enant Governor shall actas Gov- from office of the Governour, or of his impeachment, or absence from the ernor. State, the Lieutenant Governour shall exercise the powers and authority ap* Altered by Amendment of 1836. CONSTITUTION OF CONNECTICUT. hi pertaining to the office of Governour, until another be chosen at the next periodical election for Governour, and be duly qualified; or until the Governour impeached or absent, shall be acquitted or return. SECT. 15. When the government shall be administered by the Lieutenant President of the Governour, or he shall be unable to attend as President of the Senate, the Senate shall elect one of their members, as President pro tempore. And if during the vacancy of the office of Governour, the Lieutenant Governour shall die, resign, refuse to serve, or be removed from office, or if he shall be impeached, or absent from the State, the President of the Senate pro tergmpore, shall, in like manner, administer the government, until he be superseded by a Governour or Lieutenant Governour. SECT. 16. If the Lieutenant Governour shall be required to administer When and how chosen, in rethe government, and shall, while in such administration, die or resign during cess of the Asseibly. the recess of the General Assembly, it shall be the duty of the Secretary, for the time being, to convene the Senate for the purpose of choosing a President pro temnEpore. SECT. 17. A Treasurer shall annually be chosen, by the electors, at their Treasurer. meeting in April; and the votes shall be returned, counted, canvassed, and declared, in the same manner as is provided for the election of Governour and Lieutenant Governour;* but the votes for Treasurer shall be canvassed by the Secretary and Controller only. He shall receive all monies belonging to the State, and disburse the same only as he may be directed by law. He shall pay no warrant or order for the disbursement of public money, until the same has been registered in the office of the Controller. SECT. 18. A Secretary shall be chosen next after the Treasurer, and in Secretary. the same manner;* and the votes for Secretary shall be returned to, and counted, canvassed and declared by the Treasurer and Controller. He shall have the safe keeping and custody of the public records and documents, and particularly of the Acts, Resolutions and Orders of the General Assembly, and record the same; and perform all such duties as shall be prescribed by law. He shall be the keeper of the seal of the State, which shall not be altered. SECT. 19. A Controller of the public accounts shall be annually ap- controner. pointed, by the General Assembly.* He shall adjust and settle all public accounts and demands, except grants and orders of the General Assembly. He shall prescribe the mode of keeping and rendering all public accounts. He shall ex officio be one of the auditors of the accounts of the Treasurer. The General Assembly may assign to him other duties in relation to his office, and to that of the Treasurer, and shall prescribe the manner in which his duties shall be performed. SECT. 20. A sheriff shall be appointed in each county by the General Sheriff. Assembly, who shall hold his office for three years, removeable by said Assembly, and shall become bound, with sufficient sureties, to the Treasurer of the State, for the faithful discharge of the duties of his office, in such manner as shall be prescribed by law: In case the sheriff of any county shall die or resign, the Governour may fill the vacancy occasioned thereby, until the same shall be filled by the General Assembly. SECT. 21. A statement of all receipts, payments, funds, and debts of the Accounts of the State, shall be published from time to time, in such manner and at such state to be pubperiods, as shall be prescribed by law. * Altered by Amendment of 1836. F Altered by Amendment of 1838. lii CONSTITUTION OF CONNECTICUT. ARTICLE FIFTH. OF THE JUDICIAL DEPARTMENT. Courts. SECT. 1. The judicial power of the State shall be vested in a Supreme Court of Errors, a Superiour Court, and such inferiour courts as the General Assembly shall, from time to time, ordain and establish: the powers and jurisdiction of which courts shall be defined by law. Justices of the SECT. 2. There shall be appointed in each county a sufficient number of peace. justices of the peace, with such jurisdiction in civil and criminal cases as the General Assembly may prescribe. Mode of ap- SECT. 3. The judges of the Supreme Court of Errors, of the Superiour poiutment. and inferiour courts, and all justices of the peace, shall be appointed by the General Assembly, in such manner as shall by law be prescribed.* The judges of the Supreme Court, and of the Superiour Court, shall hold their Tenureofoffice. offices during good behaviour; t but may be removed by impeachment; and Removable, in the Governour shall also remove them on the address of two-thirds of the hat mannermembers of each house of the General Assembly: all other judges and jusLimitation of tices of the peace shall be appointed annually. No judge or justice of the term of office. peace shall be capable of holding his office after he shall arrive at the age of seventy years. ARTICLE SIXTH. OF THE QUALIFICATIONS OF ELECTORS. Electors. SECT. 1. All persons who have been, or shall hereafter, previous to the ratification of this Constitution, be admitted freemen, according to the existing laws of this State, shall be electors. Qualifications SECT. 2. Every white male I citizen of the United States, who shall have of electors. gained a settlement in this State, attained the age of twenty-one years, and resided in the town in which he may offer himself to be admitted to the privilege of an elector, at least six months preceding; and have a freehold estate of the yearly value of seven dollars in this State; or having been enrolled in the militia, shall have performed military duty therein for the term of one year next preceding the time he shall offer himself for admission, or being liable thereto, shall have been, by authority of law, excused therefrom; or shall have paid a State tax within the year next preceding the time he shall present himself for such admission; ~ and shall sustain a good moral character, shall, on his taking such oath as may be prescribed by law, be an elector. Privileges of an SECT. 3. The privileges of an elector shall be forfeited, by a conviction elector, how forfeited. of bribery, forgery, perjury, duelling, fraudulent bankruptcy, theft, or other offence for which an infamous punishment is inflicted. Eligibility to SECT. 4. Every elector shall be eligible to any office in this State, except office. in cases provided for in this Constitution. Qualifications, SECT. 5. The selectmen and town clerk of the several towns, shall decide how determined. on the qualifications of electors, at such times, and in such manner, as may be prescribed by law. * Altered by Amendments of 1850. t Altered by Amendment of 1856.' Altered by the Fifteenth Amendment to the Constitution of the United States, and the legislation of Congress under it. ~ Altered by Amendments of 1845 and 1S55. CONSTITUTION OF CONNECTICUT. liii SECT. 6. Laws shall be made to support the privilege of free suffrage, Free suffrage. prescribing the manner of regulating and conducting meetings of the electors, and prohibiting, under adequate penalties, all undue influence therein, from power, bribery, tumult and other improper conduct. SECT. 7. In all elections of officers of the State, or members of the Gen- Votes to begiv. eral Assembly, the votes of the electors shall be by ballot. en by ballot. SECT. 8. At all elections of officers of the State, or members of the Gen- Privilee of electors fr'om eral Assembly, the electors shall be privileged from arrest, during their arrest. attendance upon, and going to, and returning from the same, on any civil process.* SECT. 9. The meetings of the electors for the election of the several Annual electors' State officers by law annually to be elected, and members of the General meet Assembly of this State, shall be holden on the first Monday of April in each year.t ARTICLE SEVENTH. OF RELIGION. SECT. 1. It being the duty of all men to worship the Supreme Being, No legal comnl pulsion to supthe Great Creator and Preserver of the Universe, and their right to ren- portreligion. der that worship, in the mode most consistent with the dictates of their consciences; no person shall by law be compelled to join or support, nor be classed with, or associated to, any congregation, church or religious association. But every person now belonging to such congregation, church, or religious association shall remain a member thereof until he shall have separated himself therefrom, in the manner hereinafter provided. And each and every society or denomination of Christians in Equalrights of all Christian this State, shall have and enjoy the same and equal powers, rights and denominations. privileges; and shall have power and authority to support and maintain the ministers or teachers of their respective denominations, and to build and repair houses for public worship, by a tax on the members of any such society only, to be laid by a major vote of the legal voters assembled at any society meeting, warned and held according to law, or in any other manner. SEOT. 2. If any person shall choose to separate himself from the socie- Right to leave an ecclesiastical ty or denomination of Christians to which he may belong, and shall leave society. a written notice thereof with the clerk of such society, he shall thereupon be no longer liable for any future expences which may be incurred by said society.~ ARTICLE EIGHTH. OF EDUCATION. SECT. 1. The charter of Yale College, as modified by agreement with Charter of Yale the corporation thereof, in pursuance of an Act of the General Assembly, College. passed in May, 1792, is hereby confirmed. SECT. 2. The fund, called the SCHooL FUND, shall remain a perpetual Schoolfunad. fund, the interest of which shall be inviolably appropriated to the support *Extent of privilege. 3 Conn., 537. t No elector can vote except at an electors' meeting held in his town. 30 Conn., 591. X Legrislature cannot divide an ancient territorial ecclesiastical society into two, nor divide its funds and assign a portion to a newr Fociety. 23 Conn.. 255. rLocai limits of societies not altered by Constitution. 6 Conn.. 223. liv CON`STITUTION 0' CONNECTICUT. and encouragement of the public, or common schools throughout the state, and for the equal benefit of all the people thereof. The value and amount of said fund shall, as soon as practicable, be ascertained in such manner as the General Assembly may prescribe, published, and recorded in the Controller's office; and no law shall ever be made, authorizing said fund to be diverted to any other use than the encouragement and support of public, or common schools, among the several school societies, as justice and equity shall require. ARTICLE NINTH. OF IMiPEACHRMENTS. Power of im- SECT. 1. The House of Representatives shall have the sole power of peachment. pimpeaching. Trial of im- SECT. 2. All impeachments shall be tried by the Senate. When sitting peachmerits. for that purpose, they shall be on oath or affirmation. No person shall be convicted without the concurrence of two-thirds of the members present. WThen the Governour is impeached, the Chief Justice shall preside. Liability to im- SECT. 3. The Governour, and all other executive and judicial officers, peachments. shall be liable to impeachment; but judgments in such cases shall not extend further than to removal from office and disqualification to hold any office of honor, trust or profit under this State. The party convicted, shall, nevertheless, be liable and subject to indictment, trial and punishment according to law. Treason. SECT. 4. Treason against the State shall consist only in levying war against it, or adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court. No conviction of treason, or attainder, shall work corruption of blood, or forfeiture. ARTICLE TENTH. GENERAL PROVISIONS. Official oath. SECT. 1. Members of the General Assembly, and all officers, executive and judicial, shall, before they enter on the duties of their respective offices, take the following oath or affirmation, to wit: Form. You do solemnly swear, or affirm, (as the case may be,) that you will support the Constitution of the United States, and the Constitution of the State of Connecticut, so long as you continue a citizen thereof; and that you will faithfully discharge, according to law, the duties of the office of to the best of your abilities. So help you God.* Election of SECT. 2. Each town shall annually elect selectmen, and such officers of town officers. local police, as the laws may prescribe. Effect of the SECT. 3. The rights and duties of all corporations shall remain as if this Constitution upon existing Constitution had not been adopted; with the exception of such regulations and lawiers and restrictions as are contained in this Constitution. All judicial and civil officers now in office, who have been appointed by the General Assembly, and commissioned according to law, and all such officers as shall be appointed by the said Assembly, and commissioned as aforesaid, before the first Wednesday of May next, shall continue to hold their offices until the *Not applicable to officers previously appointed. 5 Conn., 278. CONSTITUTION OF CONNECTICUT. 1v first day of June next, unless they shall before that time resign, or be removed from office according to law. The Treasurer and Secretary shall continue in office until a Treasurer and Secretary shall be appointed under this Constitution. All military officers shall continue to hold and exercise their respective offices, until they shall resign, or be removed according to law. All laws not contrary to, or inconsistent with, the provisions of this Constitution, shall remain in force, until they shall expire by their own limitation, or shall be altered or repealed by the General Assembly, in pursuance of this Constitution. The validity of all bonds, debts, contracts, as well of individuals as of bodies corporate, or the State, of all suits, actions, or rights of action, both in law and equity, shall continue as if no change had taken place. The Governour, Lieutenant Governour, and General Assembly, which is to be formed in October next, shall have, and possess, all the powers and authorities, not repugnant to, or inconsistent with this Constitution, which they now have and possess, until the first Wednesday of May next. SECT. 4. NO judge of the Superiour Court, or of the Supreme Court of certain l7cerA Errors; no member of Congress; no person holding any office under the Ceneral Assemauthority of the United States; no person holding the office of Treasurer, Secretary, or Controller; no sheriff or sheriffs deputy, shall be a member of the General Assembly. ARTICLE ELEVENTH. OF AMENDMENTS TO THE CONSTITUTION. Whenever a majority of the House of Representatives shall deem it Iode of proIposing and ratinecessary to alter, or amend this Constitution, they may propose such alter'- yinc aimendation and amendments; which proposed amendments shall be continued to the next General Assembly, and be published with the laws which may have been passed at the same session; and if two-thirds of each house, at the next session of said Assembly, shall approve the amendments proposed, by yeas and nays, said amendments shall, by the Secretary, be transmitted to the town clerk in each town in the State; whose duty it shall be, to present the same to the inhabitants thereof, for their consideration, at a town meeting, legally warned and held for that purpose; and if it shall appear in a manner to be provided by law, that a majority of the electors present at such meetings, shall have approved such amendments, the same shall be valid, to all intents and purposes, as a part of this Constitution. Done in Convention on the fifteenth day of September, in the year of our Lord one thousand eight hundred and eighteen, and of the Independence of the United States the forty-third. By order of the Convention. OLIV: WOLCOTT, President. JAMES LANMAN, Clerks. ROBERT FAIRCHILD, AMENDMENTS TO THE CONSTITUTION. ARTICLE I. ADOPTED NOVEMBER, 1828. Number ofsen- From and after the first Wednesday of May, in the year of our Lord Mtors. one thousand eight hundred and thirty, the Senate of this State shall consist of not less than eighteen, nor more than twenty-four members, and be chosen by Districts. ARTICLE II. ADOPTED NOVEMBER, 1S28. Number of dis- The General Assembly, which shall be holden on the first Wednesday of tricts. May, in the year one thousand eight hundred and twenty-nine, shall divide the State into districts for the choice of senators, and shall determine what number shall be elected in each, which districts shall not be less than eight, nor more than twenty-four in number, and shall always be composed of contiguous territory, and in forming them, no town shall be divided, nor shall the whole or part of one county be joined to the whole or part of another county, to form a district; regard being had to the population in said apportionment and in forming said districts, in such manner that no county shall have. less than two senators. The districts, when established, shall continue the same until the session of the General Assembly next after the completion of the next census of the United States; which said Assembly shall have power to alter the same, if found necessary, to preserve a proper equality between said districts, in respect to the number of inhabitants therein, according to the principles above recited; after which, said districts shall not be altered, nor the number of senators altered, except at any session of the General Assembly next after the completion of a census of the United States, and then only according to the principles above prescribed. ARTICLE III. ADOPTED NOVEMBER, 1828. Election of sen- At the meeting of the electors on the first Monday of April, in the year ators. one thousand eight hundred and thirty, and annually thereafter, immediately after the choice of representatives, the electors qualified by law to vote in the choice of such representatives, shall be called upon, by the presiding officer in such meeting, in the several towns within their districts, AMENDMENTS TO THE CONTSTITUTION. lvii respectively, to bring in their ballots for such person or number of persons to be senator or senators for such districts in the next General Assembly, as shall, by law be allowed to such districts respectively;* which person or persons, at the time of holding such meetings, shall belong to, and reside in the respective districts in which they shall be so balloted for as aforesaid: And each elector present at such meeting, qualified as aforesaid, may thereupon bring in his ballot or suffrage for such person or persons as he shall choose to be senators for such district, not exceeding the number by law allowed to the same, with the name or names of such person or persons, fairly written on one piece of paper.* And the votes so given in, shall be received, counted, canvassed and declared, in the same manner now provided by the Constitution, for the choice of senators. The person or persons, not exceeding the number by law allowed to the districts in which such votes shall be given in, having the highest number of votes, shall be declared to be duly elected for such districts: But in the event of an equality of votes between two or more of the persons so voted for, the House of Representatives shall, in the manner provided for by the Constitution, designate which of such person or persons shall be declared to be duly elected. ARTICLE IV. ADOPTED NOVEMBER, 1832. There shall annually be chosen and appointed a Lieutenant-Governor, a Election of LieutenantTreasurer, and Secretary, in the same manner as is provided in the second Governor Treasurer and section of the fourth article of the Constitution of this State, for the choice Secretary. and appointment of a Governor. ARTICLE V. ADOPTED NOVEMBER, 1836. A Comptroller of Public Accounts shall be annually chosen by the elect- Comptroller, howr chosen. ors, at their meeting in April, and in the same manner as the Treasurer and Secretary are chosen, and the votes for Comptroller shall be returned to, and counted, canvassed, and declared by the Treasurer and Secretary. ARTICLE VI. ADOPTED NOVEMBER, 1836. The electors in the respective towns, on the first Monday of April in State officers, how voted for. each year may vote for Governor, Lieutenant-Governor, Treasurer, Secretary, Senators, and Representatives in the General Assembly successively, or for any number of said officers at the same time, and the General Assembly shall have power to enact laws regulating and prescribing the order and manner of voting for said officers, and also providing for the election of representatives at some time subsequent to the first Monday of April in all cases when it shall so happen that the electors in any town shall fail on that day to elect the representative or representatives to which such town shall be by law entitled. Provided, that in all elections of officers of the State, or Members of the By written or General Assembly, the votes of the electors shall be by ballot, either writ- printed ballots. ten or printed. *Altered by Amendment of 18:36. lviii AMENDMENTS TO THE CONSTITUTION. ARTICLE VII. ADOPTED OCTOBER, 1838. Sheriff, how A sheriff shall be appointed in each county, by the electors therein, in appointed. appoited such manner as shall be prescribed by law, who shall hold his office for three years, removable by the General Assembly, and shall become bound with sufficient sureties to the Treasurer of the State, for the faithful discharge of the duties of his office.* ARTICLE VIII. ADOPTED OCTOBER, 1845. Qualifications Every white t male citizen of the United States, who shall have attained the age of twenty-one years, who shall have resided in this State for a term of one year next preceding, and in the town in which he may offer himself to be admitted to the privileges of an elector, at least six months next preceding the time he may so offer himself,J and shall sustain a good moral character, shall, on his taking such oath as may be prescribed by law, be an elector. ARTICLE IX. ADOPTED OCTOBER, 1850. Judges of Pro- The Judges of Probate shall be appointed by the electors residing in the bate, how appointed. several probate districts, and qualified to vote for representatives therein, in such manner as shall be prescribed by law. ARTICLE X. ADOPTED OCTOBER, 1850. Justices of the The justices of the peace for the several towns in this State, shall be peace. how appointed. appointed by the electors in such towns; and the time and manner of their election, the number for each town, and the period for which they shall hold their offices, shall be prescribed by law. ARTICLE XI. ADOPTED OCTOBER, 1855. Qualifications Every person shall be able to read any article of the Constitution or any ability to read. section of the statutes of this State before being admitted an elector. ARTICLE XII. ADOPTED OCTOBER, 1856. Tenure of office The Judges of the Supreme Court of Errors, and of the Superior Court, rie-lour tsthe. appointed in the year 1855, and thereafter, shall hold their offices for the term of eight years, but may be removed by impeachment; and the Governor shall also remove them on the address of two-thirds of each house of the General Assembly. No judge of the Supreme Court of Errors or To retire at Of the Superior Court, shall be capable of holding office, after he shall F.eventy years ofage. arrive at the age of seventy years. * The Act of 1838, removing sheriffs from office, if not elected under this Amendment, valid. 18 Conn., 119. t Altered by the Fifteenth Amendment to the Constitution of the United States, and the legislation of Congress under it. $ Altered by Amendlment of 1855. MME NDMENTS TO THE CONSTITUTION. lix ARTICLE XIII. ADOPTED AUGUST, 1864. Every elector of this State, who shall be in the military service of the Allowing soldiers when United States, either as a drafted person or volunteer, during the present absent from the State to vote: rebellion, shall, when absent fromn this State because of such service, have limited to the war of 1861the same right to vote in any election of State officers, representatives in 1865, and now Congress, and electors of President and Vice President of the United States, as he would have if present, at the time appointed for such election, in the town in which he resided at the time of his enlistment into such service. This provision shall, in no case, extend to persons in the regular army of the United States, and shall cease, and become inoperative and void, upon the termination of the present war. The General Assembly shall prescribe, by law, in what manner and at what time, the votes of electors absent from this state, in the military service of the United States, shall be received, counted, returned, and canvassed. ARTICLE XIV. ADOPTED OCTOBER, 1873. All annual and special sessions of the General Assembly shall, on and Making Hartford the sole after the first Wednesday of May, A.D., 1875, be held at Hartford; but capital. the person administering the office of Governor may, in case of special emergency, convene said Assembly at any other place in this State. ARTICLE XV. ADOPTED OCTOBER, 1874. The House of Representatives shall consist of electors residing in towns Towns having population of from which they are elected. Every town which now contains, or here- pive thousand entitled to two after shall contain a population of five thousand, shall be entitled to send representatives in the General two representatives, and every other one shall be entitled to its present Assembly. representation in the General Assembly. The population of each town shall be determined by the enumeration made under the authority of the census of the United States, next before the election of representatives is held. THE GENERAL STATUTES OF CONNECTICUT. AN ACT TO ESTABLISH THE REVISION OF 1875. Be it enacted by the Senate and House of Representatives, in General Assembly convened: That on and after the first day of January, A. D. 1875, the laws contained in the following twenty-two Titles shall be and remain the general statute laws of the State of Connecticut. b _- 4 TITLE I. TERRITORIAL DIVISIONS OF THE STATE.* CHAPTER I. Towns and Counties. CHAPTER II. Cities and Boroughs. CHAPTER I. Towns and Counties. SECTION' SECTION 1. Hartford County. 5. Windham County. 2. New Haven County. 6. Litchfield County. 3. New London County. 7. Middlesex County. 4. Fairfield County. 8. Tolland County. SEC. 1. The towns of Hartford, Avon, Berlin, Bloomfield, Bristol, Bur- Hartford; conlington, Canton, East Granby, East Hartford, East Windsor, Enfield, Farm- stituted May, ington, Glastonbury, Granby, Hartland, Manchester, Marlborough, New Britain, Newington, Plainville, Rocky Hill, Simsbury, Southington, South Windsor, Suffield, West Hartford, Wethersfield, Windsor, and Windsor Locks, shall constitute one county, by the name of Hartford county. * The legislation of the State with reference to its boundaries, and the reports of the various Commissioners appointed from time to time to settle them, will be found in the Private Laws, Vol. II, pp. 1527-1552; Vol. IV, pp. 8.39-841. The various cessions of jurisdiction to the United States ov6r sites for forts, light houses, &c., will be found in the Private Laws, Vol. V, pp. 782-801; Vol. VI, pp. 295, 318, 730, 824, 896; Special Acts of 1S72, p. 64, and Public Acts of 1874, p. 204. 2 TERRITORIAL DIVISIONS OF THE STATE. [Title 1. New Haven; SEC. 2. The towns of New Haven, Beacon Falls, Bethany, Branford, constituted Miay, 1666. Cheshire, Derby, East Haven, Guilford, Hamden, Madison, Meriden, Middlebury, Milford, Naugatuck, North Branford, North Haven, Orange, Oxford, Prospect, Seymour, Southbury, Wallingford, WVaterbury, Wolcott, and Woodbridge, shall constitute one county by the name of New Haven county. New London; SEC. 3. The towns of New London, Norwich, Bozrah, Colchester, East constituted May, 1666. Lyme, Franklin, Griswold, Groton, Lebanon, Ledyard, Lisbon, Lyme, Montville, North Stonington, Preston, Salem, Sprague, Old Lyme, Stonington, and Waterford shall constitute one county, by the name of New London county. Fairfield; con- SEC. 4. The towns of Danbury, Bridgeport, Bethel, Brookfield, Darien, stituted May, 1666. Easton, Fairfield, Greenwich, Huntington, Monroe, New Canaan, New Fairfield, Newtown, Norwalk, Reading, Ridgefield, Sherman, Stamford, Stratford, Trumbull, Weston, Westport, and Wilton, shall constitute one county, by the name of Fairfield county. Windham; con- SEC. 5. The towns of Brooklyn, Ashford, Canterbury, Chaplin, Eaststituted May, 1i26. ford, Hampton, Killingly, Plainfield, Pomfret, Putnam, Scotland, Sterling, Thompson, Voluntown, Windham, and Woodstock, shall constitute one county, by the name of Windham county. Litchfield; con- SEC. 6. The towns of Litchfield, Barkhamsted, Bethlehem, Bridgewater, stituted October, 1t51. Canaan, Colebrook, Cornwall, Goshen, Harwinton, Kent, Morris, New Hartford, New Milford, Norfolk, North Canaan, Plymouth, Roxbury, Salisbury, Sharon, Torrington, Warren, Washington, Watertown, Winchester, and W~oodbury, shall constitute one county, by the name of Litchfield county. Middlesex; con- SEC. 7. The towns of Middletown, Middlefield, Haddam, Chatham, stituted May, 1785. Chester, Clinton, Cromwell, Durham, East Haddam, Essex, Killingworth, Old Saybrook, Portland, Saybrook, and Westbrook shall constitute one county, by the name of Middlesex county. Tolland; consti- SEC. 8. The towns of Tolland, Andover, Bolton, Columbia, Coventry, tuted October, 1785. Ellington, Hebron, Mansfield, Somers, Stafford, Union, Vernon, and Willington shall constitute one county, by the name of Tolland county. CHAPTER II. Cities, Boroughs, and Villages. SECTION SECTION 1. Cities. 3. Villages. 2. Boroughs. Cities. SEC. 1. There shall be and remain in the towns of Bridgeport, Hartford, Meriden, Middletown, New Britain, New Haven, New London, Norwich, 183G. Norwalk, and Waterbury, respectively, the respective cities of Bridgeport, 1784. 1S67. 1870. Hartford, 1Meriden, Middletown, New Britain, New Haven, New London, 1784. 1870. 1853. Norwich, South Norwalk, and Waterbury. Boroughs. SEC. 2. There shall be and remain in the town of Derby, the boroughs 1864. 1S51. and Birmingham and in the towns of Bethel, Branford, Col Chap. 2.] CITIES, BOROUGHS, AND VILLAGES. -3 chester, Danbury, East Haven, Fairfield, Greenwich, Guilford, Killingly, 1s4. 1s6. 18:4.: Newtown, Norwalk, Orange, Stamford, Stafford, Stonington, Stratford, S72: 1881: 1854. Wallingford, Windham, and Winchester, respectively, the respective bor- 1:8s36. 1830. 183. oughs of Bethel, Branford, Colchester, Danbury, Fair Haven East, South- 1872. 1S5. 1858. port, Greenwich, Guilford, Danielsonville, Newtown, Norwalk, West Haven, Stamford, Stafford Springs, Stonington, West Stratford, Wallingford, Willimantic, and Winsted. SEC. 3. There shall be and remain in the towns of Litchfield and Weth- Villages. 1818rsfild,. 182respectively, the respective villages of Litchfield and Wethersfield. ersfield, respectively, the respective villages of Litchfield and Wethersfield. 4 C1o'lENS ALIENS, AND INDIANS. [Title 2. TITLE II. CITIZENS, ALIENS, AND INDIANS. CHAPTER I. Citizens and Aliens. CHAPTER II. Indians. CHAPTER I. Citizens and Aliens. SECTION SECTION 1. Who are citizens. 5. Aliens may hold real estate for mining 2. What courts may naturalize. purposes, &c. 3. Record of evidence. 6. Inheritance and conveyances of such es4. Resident aliens and Frenchmen may hold tate. real estate. 1857. SEC. 1. All persons born in this State, all persons born without its limzWhores. iti- its, if children of citizens of this State, who are temporarily absent therefrom, and all other persons being in, or coming into, and locating in this State, with intent to remain and reside permanently as citizens, except aliens, paupers, and fugitives from justice or service, are and shall be deemed to be citizens of this State, owing it allegiance and entitled to receive its protection, until they shall have voluntarily withdrawn from its limits, and become incorporated into some other State or sovereignty as members thereof; and all persons in the jurisdiction of this State shall, in all cases, be entitled to the protection of its Constitution and laws.* 18i4. SEC. 2. Any Superior Court, Court of Common Pleas, District Court, or What courts mny naturalize. City Court, may, and no other court of this State shall, admit an alien to become a citizen of the United States, but no City Court shall be in session in the night season for naturalization purposes after nine o'clock; and an alien may declare his intention to become a citizen of the United States before either of said courts. Record of evi- SEC. 3. WVhen an alien shall be admitted to become a citizen of the lence. IUnited States before either of said courts, its clerk shall keep a record of the names and residences of all persons testifying in behalf of such alien, and of the substance of their testimony. 1848. 1570. SEC. 4. Any alien resident of any of the -United States, and any citizen,ll(lFlenchmlenS of France, so long as France shall accord the same right to citizens of the mnay hold real estate. United States, may purchase, hold, inherit, or transmit, real estate in this State in as full a manner as native born citizens; and the wife of any such alien or citizen may take and hold land in this State by devise or inheritance, and shall be entitled to dower in the land of her deceased husband; * The right of citizenship in this State has been extended by the first section of the Fourteenth Amendment of the Constitution of the United States. Chap. 2.] INDIANS. 5 and the lineal descendants of any person, capable of holding lands in this State, may take and hold such land as his heirs at law. SEC. 5. Any alien, not a resident of this State, or of the United States, Ali. h Aliens may hold may acquire and hold any real estate in this State, for-the purpose of quar- real estate for mining purrying, mining, dressing, or smelting ores on the same, or converting the poses, &c. products of such quarries and mines into articles of trade and commerce; but if any real estate, so held by any non-resident alien, for said purposes, shall remain without being used for said purposes, for ten consecutive years, all the right and title of any such alien, in or to such real estate, shall be forfeited to the person from whom it was last acquired, or his heirs, if resident in the United States, and if not so resident, then to this State; but if hostilities shall break out between the United States, and the country of which such alien is a resident, or the friendly relations of the two countries shall be suspended, then the time of the continuance of such hostilities, or suspension of such friendly relations, shall not be computed in making up said period of ten years. SEC. 6. Any real estate, held by any non-resident alien, pursuant to the Aliens may COnvey real esprovisions of the preceding section, may be conveyed by and inherited tateso acquired. from him, in the same manner, as though he were a native born citizen; but no alien, not a resident of the United States, shall acquire any greater title to said real estate by such conveyance, or inheritance, than he would acquire by virtue of the preceding section. CHAPTER II. Indians. SECTION SECTION 1. Overseers of Indian tribes. 7. Penalty for taking wood. from land of In2. Overseer's bond. dians. 3. Overseer to settle his accounts annually. S. Penalty for selling liquor to Indians. 4. Conveyances by Indians void. 9. Superior Court mnay order sale or exchange 5. Jtudrment against an Indian. of Indian property. 6. Title by possession against Indians. SEC. 1. An overseer shall be annually appointed to each tribe of Indians 1821. 1855. 1860. by the Superior Court in the county in which such tribe resides, to have the Overseers of care and management of its lands and money, and to see that they are used for the best interests of the Indians, and that the rents and profits of all such estate are applied to their benefit. SEC. 2. Such overseer shall give a bond to the State with sufficient Oe182r surety, in a sum one-third more than the amount of the estate of such tribe, bond. conditioned that he will faithfully account for the property of such tribe, which shall, at any time, be in his hands. SEC. 3. Each overseer shall, annually, settle his account of the con- 1821. Overseer to setcerns of such tribe with such Superior Court, and report to it the amount tie his accounts and condition of the fund of such tribe, his estimate of the value of its annually. lands, the income annually received by him, and the amount annually appropriated and expended by him for its benefit, specifying the items fur 6 CITIZENS, ALIENS, AND INDIANS. [Title 2. nished and received, and also the number and condition of such tribe; and he shall file, in the town clerk's office, in the town in which such tribe resides, a copy of his report as accepted by said court. 1680. 1702. SEC. 4. All conveyances, by any Indian, of any land belonging to, or Conveyances by Indians, void. which has belonged to, the estate of such tribe, shall be void. 1675. SEC. 5. No judgment shall be rendered against an Indian, in any Jndgment against Indian. action on contract, except for rent of land hired and occupied by him. 1726. SEC. 6. In any suit brought by an Indian, for the recovery of lands Title by possession, against an owned by Indians, or lawfully appropriated for their use, the defendant Indian. shall not plead the statute Qf limitations. 1834. 1835. SEC. 7. Every person, who shall take any wood from the land of any 1826. 1849. Penalty for tak- tribe of Indians, or of any Indian belonging to any tribe, without the ing wood from land of Indian. permission of its overseer, shall forfeit five dollars for every load of wood -so taken, to be recovered by such overseer for its benefit; and the team, vehicle and implements, used in taking said wood, may be attached in any action for such forfeiture in the same manner as if they belonged to the person taking said wood. Pena1t17yr sell SEC. 8. Every person, who shall sell, or give, except in case of sickness ing liqors to or necessity, any intoxicating liquor to an Indian, shall be fined two dollars. Indians. 1852. SEC. 9. The Superior Court of the county where any tribe of Indians Superior Court may order sale resides may, on such terms and conditions as it may prescribe, order the or exchange of Indianproperty. sale or exchange of any property of any member of such tribe, on his application, served on the overseer of said tribe in the same manner as process in civil actions, at which sale or exchange such overseer may purchase and take conveyances of the property, for and in the name of such tribe; but the provisions of this section shall not apply to the Mohegan tribe. Chap. 1.] STATE OFFICEBS. TITLE III. PUBLIC OFFICERS. CHAPTER- I. State Officers. CIIAPTER 11. County Officers. CHAPTER III. Town Officers. CHAPTER IV. Peace aOfficers CHAPTER I. State Officers. Part I. Treasurer. Part II. Secretary. Part III. Controller of Public Accounts. Part IV. Commissioner of the School Fund. Part V. Executive Secretary. Part VI. State Board of Education. Part VII. Railroad Commissioners. Part VIII. Bank Commissioners. Part IX. Insurance Colmmissioner. Part X. Fish Commissioners. Part XI. State Board of Agriculture. Part XII. State Prison Directors. Part XIII. Board of Charities. Part XIV. State Chemists. Part XV. Bureau of Labor Statistics. Part XVI. State Library Committee, anid State Librarian. Part XVII. Notaries public, and Coimmissioners of Deeds. Part XVIII. General Provisions. PART I. Treasurer. SECTION SECTION 1. To give bonds. 6. Miay exchange registered for coupon bonds. 2. To receive taxes and revenue. 7. Repayment of town deposit finld. 3. To pay out public moneys. S. Clerks in treasury department to give 4. Annual report to General Assembly. bonds. 5. Judgments against Treasurer, how paid. SEC. 1. The Treasurer, before he enters upon the execution of his office, 1789. 17911. 1870. shall give a bond to the State of fifty thousand dollars, conditioned for the To give bonds. faithful performance of the duties of his office during the term for which he has been elected, and any next succeeding term or terms for which he may be re-elected, which shall be- with surety, to the acceptance of the Governor, and shall be kept and registered by the Executive Secretary; and the Treasurer shall give a new bond when required by the Governor. SEC. 2. The Treasurer shall superintend the collection of the State taxes 112. 1752. 1821. and revenue, receive all such revenue, and make proper entries and credits To receive taxes for the same. and revenue. 8 PUBLIC OFFICERS. [Title 3. 1702. 1709. SEC. 3. He shall pay out the public moneys only upon the order of the 1788. 1789 1796. 1821. General Assembly, of the Senate, of the House of Representatives, of the To pay out publit moneys. several courts when legally authorized, and of the Controller for accounts legally adjusted by him, or when he is authorized to order the payment of money from the treasury; and no order not drawn by the Controller shall be paid unless it shall be registered in the books of the Controller, and such registry certified thereon; and the Treasurer shall take vouchers for all payments. 1821. s188. SEC. 4. The Treasurer shall, on or before the first day of April annually, Annual report to General Assem- make a complete statement of the receipts, expenditures, debts, and credits of the State, and report to the General Assembly at its next session, which 1702. 1726. shall annually in May appoint two auditors, who shall be sworn, and, with Auditors to be appointed and the Controller, audit the public accounts with the Treasurer, and report report. the result to the General Assembly at its next session; and the Commissioner of the School Fund shall join with said auditors and Controller in said audit and report, so far as relates to the School Fund. 1821. SEC. 5. - No execution shall be issued on any judgment rendered against How judgments to be paid. the Treasurer as such, but the Controller shall draw an order on him for its payment. 1867. 1874. SEC. 6. The Treasurer may procure and exchange registered bonds of reistered forha this State, for the sums of five hundred, one thousand, five thousand, and ten coupo bonds thousand dollars each, for coupon bonds of this State, for equal sums, owned by any parties desiring to exchange the same; and all bonds so received in exchange shall be cancelled on their face, and on the coupons, so as to prevent their further use; and schedules of them shall be prepared, and the bonds destroyed, in the manner directed in a resolution providing for the burning of bonds held for "the account of sinking fund," approved May thirty-first, 1867. 1836. SEC. 7. The Treasurer is authorized from time to time to repay certain Repayment of town deposit moneys heretofore received by this State, under the Act of Congress approved June twenty-third, 1836, when such repayment shall be required by the Secretary of the Treasury according to the provisions of said Act. 1860. 1870. SEC. 8. No person shall enter upon the discharge of his duties as clerk Clerks in treasury department in the treasury department, without first giving a bond of fifteen thousand dollars, with sufficient surety approved by the Governor, payable to the State, as an indemnity for any loss occasioned by the defalcation or fault of such clerk; which bond shall be filed in the Secretary's office. PART II. Secretary. SECTION SECTION 1. General duties: copies of records. 4. To distribute the same. 2. To publish public general laws in news- 5. To make a roll of senators and representapapers. - tives..3. To publish laws, acts, and resolutions in pamphlet form annually. 1662. 1750. SEC. 1. The Secretary shall keep all the public records and documents; 1844. 1871. General duties. record all Acts, orders, grants, and resolutions of the General Assembly, including all resolutions of appointment, and resolutions directing Chap. 1.] SECRE AIzY. 9 orders to be drawn on the treasury, and give true copies thereof; keep the seal of the State, which shall not be altered, and affix it to Acts, laws, orders, commissions, instruments, and certificates, when requested or required by law; keep the records and files of the Superior Court previous to May, 1798, and the original books and papers of the late Connecticut Land Company; and may give certified copies of any 1819. Certain certi.entries therein, and of the files and records of said Superior Court, and fied copies to be evidence. of the Supreme Court of Errors, remaining in his office; which copies shall be legal evidence.' SEC. 2. He shall, at the end of every session of the General Assembly, s819. s827. 1843. 1871. cause the public general laws passed at such session, to be published in To publish public general laws the several newspapers in the State; and the publishers of each of said in newspapers. newspapers shall be allowed by the Controller, at the rate of forty cents a page, provided said laws are published in the columns of said newspaper, in its regular edition, and in every number of such edition and in the usual type in which its reading matter is printed, and one copy of each number transmitted to the Secretary: he shall also, within thirty days after the rising of each General Assembly, publish in said newspapers, To publish part of Controller's upon the same terms and conditions, that part of the Controller's report, report. which exhibits the expenditures and receipts of money appropriated for the current expenses of the government; also a summary statement of the permanent funds of the State, and of their investment, and a statement of its debts. SEC. 3. He shall, within four weeks after the rising of each General 1639. 1750. 1871. Assembly, publish a convenient number of the general public laws passed 18s7. s184. To publish pubat such session, not including therein Acts of incorporation, or amend- lie general laws in pamphlet ments thereof, nor any Public Act of a private or special nature, and form, annually. including all proposed amendments to the Constitution, in a pamphlet to be entitled "Public Acts," to which he shall annex his certificate, that said Acts and amendments are correct copies of those engrossed and on file in his office; he shall also, within sixty days after the rising of each General To publish Assembly, publish a convenient number of all other Acts and resolutions Spamphlects inform passed at such session, together with a list of all appointments made thereat, annually. and a schedule of all grants from the treasury, exhibiting the several sums granted, and the persons to whom, and the purposes for which such grants were made, in a pamphlet, to be entitled, "Special Acts and Resolutions," and annex thereto a similar certificate to that above required to be annexed to the publication of the Public Acts; and he shall, over each Act and joint resolutions printed or published by virtue Mannerofprintof this and the preceding section, print its number and designation, as ilug. follows: [Senate Bill No..], [House Bill No..], [Senate Joint Resolution No..], [House Joint Resolution No..], as the case may be. SEC. 4. He shall transmit to the President of the United States, and s182. to the head of each department of the government of the United States, Dis.trlutino;f one copy of each of said pamphlets; to each State and Territory of the copies. United States three copies of each, one set for the executive, and one for each house of its legislature; to the clerk of the Supreme Court of the United States, for its use, and to the library of Congress one copy of each; and the remainder thereof, together with the laws of the United States, received from the United States, after retaining a sufficient number of copies for the use of the State, he shall distribute as follows: to the Gov 10 PUBLIC OFFICERS. [Title 3. ernor, Lieutenant Governor, Treasurer, Secretary, Controller, Commissioner of the School Fund, adjutant general, Reporter of judicial decisions, and to each judge of the Superior Court, Court of Common Pleas, or District Court, sheriff, and judge of Probate one copy of each, to be kept by said executive officers, clerks, and judges of Probate in their respective offices, and by them transmitted to their successors; and the residue he shall transmit directly to the town clerks of the several towns, in proportion to their respective lists last returned to the Controller, to be distributed as such towns may direct. Ioma1841. SEC. 5. He shall, before the meeting of each General Assembly, preTo make a roll s of senators and pare a roll of the senators whose election shall have been duly declared reresentatives. by the board of canvassers, for the use of the Senate; and a roll of the members of the House of Representatives, from the returns or certificates received by him from the presiding officers of electors' meetings, in which roll, the names of the members shall be arranged in the order of the respective counties; and shall deliver to the persons who are to preside at the organization of said houses, respectively, certified copies of such rolls for the use of each house. PART III. Controller of Public Accounts. SECTION SECTION 1. To settle all demands against the State. 9. WVhat officers to certify to claims for ser2. To supervise collections of all State dues. vices. 3. Annual report to General Assembly. 10. Clerks of Superior Court to account for for4. To provide furniture, stationery, &c. feitures. 5. To procure State printing. 11. States Attorneys, &c., to account. 6. To draw orders on Treasurer for claims al- 12. Clerks of courts to account for fees. lowed. 13. Former clerks and their representatives to 7. Contingent expenses of General Assembly. account. 8. Par diem compensation not to be paid in advance. 17s8. 1796. SEC. 1. The Controller of Public Accounts shall prescribe the mode of Te settle all demands against keeping and rendering all public accounts, and adjust and settle all demands the State. against the State, except grants and orders of the General Assembly; and all records, books and papers in any public office, shall at all times be open to his inspection. 1788. 1796. SEC. 2. He shall, from time to time, examine and state the amount of 1797. 1874. To supervise the debts and credits of the State; examine into the collection of taxes; collection of all State dues. see that all officers engaged in their assessment or collection faithfully execute their duties, and report to the General Assembly all such as are unfaithful; present all claims in favor of the State against any bankMay sue for rupt, insolvent debtor, or deceased person; institute and maintain suits same. in the name of the State, against all persons who have received money or property belonging to the State and have not duly accounted for it, and may employ attorneys therefor; and all moneys recovered, procured or received for the State by the authority of the Controller, shall be paid to the Treasurer, who shall lodge a duplicate receipt therefor with the Controller. T1'O.iSi7. SEC. 3. He shall submit to the General Assembly, at the opening of each Annual report stated session, and oftener if required, an abstract of the receipts and exto General Assembly penditures of the public funds during the current year, ending on the Chap. 1.] CONTROLLER OF PUBLIC ACCOUNTS. 11 thirty-first day of March preceding; exhibiting under appropriate and different heads all the expenses, funds, and debts of the State, together with such plans and estimates as he may deem proper, relating to the public expenditures, revenue and funds. SEC. 4. He shall from time to time provide reasonable furniture, sta- 18sS. To provide furtionery, and other necessary articles for the various State offices, and for niture, stationefry, &c., lor State the General Assembly; and shall keep a separate account of the items of omficers. all articles provided for each of such purposes, and exhibit the same in his annual report to the Gene-ral Assembly. SEC. 5. He shall procure the State printing to be done during his term lS86. To procure of office, and shall state in his annual report the items of such printing, in- State pintin. eluding the number of copies printed, and the cost of every publication or class of publications. SEC. 6. Upon the settlement of any claim against the State, he shall 18ss 11796. draw an order on the Treasurer for its payment; but every such claim To draw orders on Treasurer for shall be supported by the oath of the party presenting it, that it is just and claims allowed. correct, that the whole labor or service has been performed, or articles furnished, and that no commission, discount, bonus, reward, or present of any kind, has been promised, received, or expected on account thereof, by any officer of the State, and also by vouchers, or receipts for the payment of any money exceeding five dollars at any one time, and an accurate account, showing the items of said claim, and a detailed account of expenses, when expenses constitute a portion of it, specifying the day when, and purpose for which they were incurred; and the original vouchers or receipts shall be lodged on file in the Controller's office. SEC. 7. He shall register no grant or order for the contingent expenses iS(;5. Conting-ent ex of the General Assembly, or for either house thereof, until the person enti- pensesof Gentled to the same shall file in his office a bill specifying its items, and sworn eral Assembly. to by the claimant, as just and correct. SEC. 8. When the legal compensation of any officer in this State is a 16i1. Per diem comper diem allowance, the Controller shall not draw his order upon the Treas- pensation not to be paid in urer for its payment, before the service has been performed. advance. SEC. 9. He shall not draw any order on the Treasurer, in payment for What officers to any service rendered, of which any officer of the State has ez officio knowl- for seltvicis. edge, without the certificate of the latter that such service has been rendered. SEC. 10. The clerk of the Superior Court in each county shall, within Isl7. Clerks of Supetwenty days after the rising of each term of said court, render to the Con- rior court to retroller a list of all forfeitures of bonds, and judgments rendered in favor lres to State. of the State; also a list of all executions granted on such judgments, and of all fines payable to the State imposed at said term; and the Controller shall debit the account of any officer of the State who has received such an execution with the amount thereof. SEC. 11. The State's Attorney in each county shall collect and pay over State's Attorall fines, forfeitures, and judgments in favor of the State, and he, and every neys to account. other receiver of public money shall, on or before the tenth'day of May, annually, render to the Controller, in such form as he may prescribe, an account of all moneys received; and such Attorney shall, at the same time, state an account of all fines, forfeitures, judgments, and debts in favor of the State, in his hands for collection; and the Controller shall debit the same to such Attorney in his account. 12 PUBLIC OFFICERS. [Title 3. 1784. S,. SEC. 12. Each clerk of the Superior Court, Court of Common Pleas, 1864. 1872. Clerks of courts and District Court, shall account to the Controller for all court, jury, and to account or fees. continuance fees received by him. 1789. SEC. 13. When any such clerk shall die, or be removed from office Former clerks and their repre- before settling such account, the Controller shall require him, if living, to sentatives to ac- count. account for moneys remaining in his hands, or if he be dead, shall require his executor or administrator to account for such moneys as were in the hands of such clerk at the time of his death; and if any such clerk shall neglect to render such account when required, the Treasurer shall forthwith certify such neglect to the presiding judge of the court. PART IV. Commissioner of the School Fund. SECTION SECTION 1. Appointment and term of office. 10. Annual statement to be made to Treasurer. 2. Official bond. 11. May appoint two clerks. 3. General duties; annual report. 12. Treasurer to receive payments. 4. Rateof intereston loans; mortgagre securi- 13. Controller to settle accounts of Coministies. sioner. 5. How real estate of fund soldrl conveyances, 14. To present claims agaiIlst estates of dehow executed and acknowledged. ceased and insolvent persons. 6. To regYister property of fund. i5.' Mortgagor to make affidavit of title. 7. Collecting agents to give copies of bonds. 16. Buildings, fixtures, or timber not to be re8. To file annual abstract with Controller. moved from mortgaged premises. 9. To make inventory of property biennially. 17. School Fund bonds not to be transferred. 1820. 1866. SEC. 1. A Commissioner of the School Fund shall be elected once in Appointment and te.l of every three years by the General Assembly, at its stated session, to hold office for three years; and it may fill a vacancy in any unexpired term; but if any vacancy occurs during the recess of the General Assembly, the Governor shall fill it, until filled by the General Assembly. Oficialod. SEC. 2. Said Commissioner shall, before entering upon his official duties, give a bond to the State of like amount and condition as that of the Treasurer, which shall be kept by the Executive Secretary. 1S20. SEc. 3. IHe shall have the care of the School Fund, loan and invest General duties. all its principal, have the care of its income, and cause its net amount to A 179lo. be distributed for the benefit of public schools; and shall make an annual Annual report. report to the General Assembly. 1t872. 1874. SEc. 4. No loan shall be made from said fund except at seven per cent. Hate of interest. Loans on double interest a year, payable semi-annually; nor shall any loan be made on a security. mortgage of real estate, unless the security be worth double the amount loaned. 1820. SEC. 5. He may sell the real estate belonging to said fund, and the Treas1827. 1835. How real estate urer on his request shall execute all conveyances of real estate relating to of fund sold, and convey- the School Fund, and may execute them under the seal of the treasury ances executed and acknowl- department. The Secretary may take the acknowledgment of all conveyedged.d ances of real estate belonging to the School Fund, situated out of this State, and affix the seal of the State to his certificate thereof. 1820. SEC. 6. The Commissioner shall cause all debts due to the School Fund. To register property and andl all other property belonging to it, to be registered in books kept in his debts of fund. office, in which shall be opened an account with each debtor, showing the place of his residence, the amount of his debt, the security therefor, and its estimated value. Chap. 1.] COMIMIISSIONER OF THE SCHOOL FUND. 13 SEC. 7. He shall require all agents, having bonds of the School Fund 2gents havinbonds oir collec. in their hands for collection, to give him certified copies of the same. tion to give copies. SEc. 8. He shall annually, on the first day of April, file an abstract from To fie annual his books with the Controller, containing a particular account, certified asttlwith to be correct, of all changes in the debts or property of the School Fund, during the year ending the second day of the preceding September. SEc. 9. He shall, biennially, on or before the first day of April, prepare 1846. Inventory of a complete schedule of all property and securities belonging to the fund, property to be made biennialand also an abstract thereof; and the auditors of public accounts shall audit, ly. examine, and certify to the same, which certified abstract shall be annexed to his next report to the General Assembly. SEC. 10. He shall, on or before the second day of September in each 120nnu ateAnnual stateyear, deliver to the Treasurer a statement of the amount due to the School mcint of the filunl to be made Fund, containing the name of each debtor in alphabetical order, his place to Treasurer. of residence, and the amount due or to become due on said day, for principal, and for interest. SEC. 11. He may appoint two clerks in his office, for such portion of lerks28. time as he shall judge necessary, who shall be sworn. SEC. 12. The Treasurer shall receive all moneys paid on account of the 8Tr 0. Treasurer to reSchool Fund, and give duplicate receipts therefor, one to the debtor, and ceive payments. the other to be lodged in the office of the Commissioner, shall keep separate accounts of principal and interest received, and pay over the same according to law, and shall deliver to the Controller, on the first days of March and October in each year, a statement of the net amount of the income Payments of inso received, who shall, on application of the School Visitors of any town, co"""( to towns. draw an order on the Treasurer for the amount due it. SEC. 13. The Controller, semi-annually in April and October, shall Controller to settleaccounts settle the accounts of the Commissioner, and draw on the Treasurer oicomllissioner. for the balance due him, which, together with all legal and necessary expenses in managing the fund, shall be paid out of the revenue arising therefrom. SEC. 14. When any person, who has mortgaged property to this State T 1881. To preseut for the benefit of the School Fund, shall die or become insolvent, and a claimns acain-st estates of d(etime shall.be legally limited for the exhibition of claims against his estate, ceased or insolthe executor, administrator, or trustee shall give notice of such death or in- e solvency and limitation, by letter deposited in the post-office with the postage paid addressed to the Commissioner, who, on receiving it, shall transmit in the same manner, to such executor, administrator, or trustee, or to either commissioner on such estate, a copy of the contract secured by such mortgage, certifying thereon the sum due to the State, which shall be sufficient exhibition and notice of the claim against such estate; and until such notice shall be given by the executor, administrator, or trustee, the record of the mortgage deed shall be sufficient notice to him of the existence and validity of such claim, and shall be considered as a sufficient exhibition thereof to the executor or administrator, or commissioners on such estate. SEC. 15. Wrhen any person shall mortgage any real estate to this State Mortgapor to make affidavit for the benefit of the School Fund, he shall make, and lodge with said oftitle. Commissioner, an affidavit that he is the absolute owner thereof, and that it is free of all incumbrances within his knowledge, except such as may be stated therein. 4 14 PUBLIC OFFICERS. [Title 3. 1B83ildi. SEC. 16. If any person shall remove or injure any building, or other Buildings, fixtures, or tilllber, fixture, on any land mortgaged to the School Fund, or carry away any not to be removed from wood therefrom, except for necessary firewood or for the erection or remortgaged premises. pairs of fences or buildings on such land, whereby, in the opinion of such Commissioner expressed in writing, the mortgage debt shall be rendered insecure, such person shall pay to the State the value of the property so removed, or to the amount of such injury, which, after paying the expense of its recovery, shall be applied on such mortgage debt. Sch1865l. SEC. 17. The bonds of the State, belonging to the School Fund, inSchool Fund bonds not to be dorsed " School Fund bonds," shall not be transferred, except by special transferred. act of the General Assembly, and the proceeds of any sale of bank stock, held by the School Fund, may be invested in such bonds. PART V. Exeeutive Secretary. SEC. 1. Appointment andcduties. I SEC. 2. Inspection of executive journal by GenI eral Assembly; copies to be evidence. 1819. SEC. 1. The Governor may appoint an Executive Secretary, who shall Appointment and duties. attend the Governor during the sessions of the General Assembly, and shall keep a journal of all executive proceedings and decisions, and do all other acts appertaining to his office which shall be required of him; and shall deliver the executive journal, and all papers appertaining to the executive department, to his successor in office. inspection of SEC. 2. The executive journal shall be subject to the inspection of any executive jourinal by General committee of the General Assembly; and copies of entries therein, attested Assembly; copies. by the Executive Secretary, which he shall furnish without compensation, shall in all cases be admissible in evidence. PART VI. State Board of Education. SECTION SECTION 1. How constituted. 4. Appointment of Secretary. 2. Powers and duties. 5. Expenses, how paid. 3. Educational conventions. 1865. SEC. 1. There shall be a State Board of Education, composed of the How constituted. Governor, Lieutenant Governor, and four persons appointed by the General Assembly, one in each year, and selected one from each CongressTerm of office. ional District, who shall hold office for. four years, except when appointed to fill a vacancy occasioned otherwise than by the expiration of the term of office, in which case the person so appointed shall hold office only for the unexpired term of the person in whose place he may be appointed: all vacancies shall be filled by the General Assembly, but until so filled they may be filled by the Governor and Lieutenant Governor. Powers and SEC. 2. The Board shall have general supervision and control of the duties. educational interests of the State; may direct what books shall be used in all its schools, but shall not direct any book to be changed oftener than Chap. 1.] RAILROAD COMMISSIONERS. 15 once in five years; shall prescribe the form of registers to be kept in said schools, and the form of blanks and inquiries for the returns to be made by the various school boards and committees; and shall annually, on or Annualreport. before the third Wednesday in May, lay before the General Assembly a report, containing a printed abstract of said returns, and a detailed statement of all the doings of the Board, with such remarks and suggestions in reference to the subject of education, as it may think proper. SEC. 3. The Board may hold, at one or more convenient places in the 1866. Educational State, conventions of school officers, teachers, and other friends of public conventions. education, for the purpose of instructing in the best modes of administering, governing, and teaching public schools; but the expenses thereby incurred shall not exceed three thousand dollars in any year. SEC. 4. The Board shall appoint a Secretary, who shall exercise a gen- 1s4.9. 186a. Appointment of eral supervision over the public schools of the State; collect informa- Secretary. tion from School Visitors, and other sources; and submit an annual report His annual reto the Board, containing the abstracts required in the second section of r this Part, a statement of the condition of the Normal School, and of the public schools of the State, plans and suggestions for their improvement and better organization, and all such matters relating to his office, and to the interests of education, as he shall judge necessary. He shall visit, as often as his other duties will permit, different parts of the State, iis duties. for the purpose of awakening and guiding public sentiment in relation to the practical interests of education; collect in his office such school books, apparatus, maps, and charts, as can be obtained without expense to the State; receive and arrange, in his office, the reports and returns of the school officers; receive, preserve, or distribute, the State documents in relation to the public schools; give notice of all teachers' institutes, or other meetings, held under the direction of the Board; and print and send out the blank forms of inquiry, the school registers, and the annual report of the Board, including his own, to the School Visitors of each town, as soon as they are ready for distribution. SEC. 5. All expenses authorized by the provisions of this Part, shall be 1865. Expenses, how paid by the Treasurer, upon the order of the Controller, drawn in favor paid. of the Board. PART VII. Railroad Commissioners. SECTION SECTION 1. Appointment and term of office. 3. Records, and employment of experts. 2. Clerk, and office. 4. Expenses of Board, how paid. SEC. 1. There shall be three Railroad Commissioners, who shall consti- ls8.5. l.8s. 1865. 1874. tute the Board of Railroad Commissioners, each of whom shall hold his Appointment a nad term of office for three years, and until his successor is appointed and qualified; and ofice. the term of one of said Commissioners shall expire each year. The Governor, with the advice and consent of the Senate, shall annually appoint one Railroad Commissioner, and may, at any time, remove a Commissioner for cause. If any vacancy occurs, the Governor shall, in the same vacancies, how manner, appoint a Commissioner for the remainder of the term; ard if such vacancy occurs when the Senate is not in session, the Governor shall 16 PUBLIC OFFICERS. [Title 3. Disqualifica- fill said vacancy until its next session. No stockholder, or agent of any tion. railroad company, shall be a Commissioner. 1871. 1874. SEC. 2. The Board shall appoint a clerk, and have an office in HartClerk to be appointed, and ford, where its records shall be preserved, which shall be kept open office kept at IIartfordc. daily, during the usual business hours. If the Controller does not furnish said Board a proper office, it may hire one at an annual rent not exceeding five hundred dollars. is53. SEC. 3. The Railroad Commissioners shall keep a record of all commuRecords and employment of nications addressed to them officially, of all their official acts and proceedexperts. ings, and of all facts learned in relation to any casualty, with the names of the persons from whom they were derived, or by whom they may be proved; may employ experts, or other agents, when necessary; and shall have the powers and duties specified in Chapter II of Title XVII. 1874. SEC. 4. The office expenses and salaries of the Board shall be paid Expenses of Boalrd, how quarterly from the treasury; and, in July in each year, the whole amount so paid, during the year ending the fourth day of July, shall be apportioned by the Controller among the several railroad companies, in proportion to the length of the main track or tracks of the respective railroads in this State; and each company, and the trustees, assignees, lessees, or other parties operating any such railroad, shall pay the Treasurer their proportion of said amount. PART VIII. Bank Commissioners. 183i. 1874. SEc. 1. Two Bank Commissioners, whose powers and duties shall be Appointment, term of oflice, those specified in Chapter II of Title XVII, shall be appointed by the Govand disqualifications. ernor, once in every three years, to hold office for three years, and until their successors are appointed and qualified; and he shall also fill any vacancy, for any unexpired term. No officer of any bank, savings bank, or trust company, shall be eligible to said office; and if any Bank Commissioner at any time shall become indebted or obligated to any bank, savings bank, or trust company, or shall engage or be interested in the sale of securities as a business, or in the negotiation of loans for others, his office shall Bank officers to become vacant. The cashier of every bank, and the treasurer of every give notice of indlebtedlness. savings bank, or trust company, to which a Bank Commissioner shall become indebted or obligated, shall forthwith give notice thereof to the Governor. PART IX. Insurance Commissioner. SECTION ISECTION 1. Appointment. 3. Fees. 2. General duties. 4. Annual report to General Asserably. p185. 1871. SEC. The Governor, with the advice and consent of the Senate, shall, Appointment. E I e once in every three years, appoint some suitable person not a director, officer, or agent of any insurance company, to be Insurance Commissioner, who shall, unless sooner removed by the Governor for cause, hold his office for three years, and until his successor is appointed and qualified. Chap. 1.] FISH COMMISSIONERS. 17 All vacancies shall be filled in the same manner for the unexpired term, except that any vacancy, occurring while the Senate is not in session, may be filled by the Governor till the next session of the General Assembly. SEC. 2. Said Commissioner shall have the powers and duties specified enea71.duties in Chapter II of Title XVII.; shall see that all the laws respecting insurance companies are faithfully executed; may employ clerical aid; shall furnish to each of the insurance companies incorporated by this State, and to the attorneys of companies incorporated by other States and foreign governments, doing business in this State, printed forms of the statements required by law; shall pay over all fees, which he may receive from insurance companies, to the Treasurer; and may administer oaths in the discharge of his official duties. SEc. 3. Said Commissioner shall demand and receive the following fees Fees. from insurance companies: for receiving and filing annual reports, ten dollars; for valuation of policies of life insurance companies, one cent for each thousand dollars of insurance valued; for filing any additional paper required by law, twenty-five cents; and for every certificate of valuation, copy of report, or certificate of condition of company to be filed in other States, five dollars. SEc. 4. No insurance company shall be required to report to the Gen- 1865. 1871. 1872. eral Assembly; but said Commissioner shall annually submit a report Annual report to General Asthereto of his official acts, and of the condition of all insurance companies sembly. doing business in this State, with a condensed statement of their reports made to him, arranged in proper form for printing, together with a statement of the fees received by him from such companies, and paid by him to the Treasurer. PART X. Fish Commissioners. SECTION SECTION 1. Appointment and duties. 3. Powers of fish wardens to arrest. 2. Appointment and fees of fish wardens. 4. Seine inspectors for shad fisheries. SEC. 1. Three Fish Commissioners shall be appointed by the Governor, 1867. 1870. Appointment each for four years, and until his successor is appointed and qualified, who and duties. shall make complaint to the proper informing officer of all violations of the laws relating to fisheries, consider the subject of the introduction, protection, and culture of fish in the waters of this State, co-operate with the Fish Commissioners of other States, and make an annual report to the General Assembly. SEC. 2. The Commissioners shall appoint two or more persons in each 1872. Fish wardens to town to be fish wardens, who shall assist in detecting and prosecuting be aplointcd; their duty ca(d offences against the fishery laws, and shall be paid the same fees allowed compensation. to grand jurors in criminal cases, and shall also have half of any penalty recovered and paid into the treasury for any offence detected by them. SEC. 3. Fish wardens shall have the same powers as other officers, to 1873. When fish wararrest for the violation of any law relating to fisheries, dens may arrest. SEC. 4. The Fish Commissioners shall annually appoint one or more 1874. seine inspectors in every town where shad fisheries exist, who shall see that seil to pe every seine and net used for the purpose of catching shad in such town, con- aPdoihnetidutye forms to the provisions of Chapter IV of Title XVI. 18 PUBLIC OFFICERS. [Title 3. PART XI. State Board of Agriculture. SECTION SECTION 1. Appointment and term of office. 7. May appoint persons to report violations of 2. Secretary and treasurer; appointment and rules, and commissioners of diseases of duties. animals. 3. Powers of Board. 8. Annual report. 4. Secretary to travel over the State. 9. Compensation. 5. Duties of treasurer. 10. Annual appropriation. 6. Powers in preventing spread of contagious diseases among domestic animals. 18sG. iSKS. SEC. 1. There shall be a State Board of Agriculture, consisting of the Appointment and term of Governor, four persons appointed by him with the consent of the Senate, office.. and one person from each county, appointed by the incorporated agricultural society therein, or if there are more such societies than one in any county, then by all, or in rotation by each, as they may agree. All appointed members shall hold office for two years, half of them retiring Vacancies, how every year: vacancies shall be filled, for the remainder of the term, by 18filled. the same authority and in the same manner as original appointments, but until so filled the Board may fill any vacancy. 1871. SEC. 2. The Board may appoint and prescribe the duties of a secretary, treasurer to be who shall ex officio be a member of said Board, and a treasurer, both to tapirdtles.al" hold office during the pleasure of said Board. The treasurer shall give a bond to the State, with surety to the acceptance of the Board, of three thousand dollars for the faithful discharge of his duties. rso1. SEC. 3. The Board may receive and hold donations or bequests for proPBoard.f moting agricultural education, or the general interests of husbandry; may prescribe forms for, and regulate the returns required from agricultural societies, and furnish them necessary and uniform blanks for such returns. Any Society not re- society neglecting in any year to comply with the regulations of said Board portiug to forfeit allowance. shall not be entitled to the allowance from the State for the next year. Said Board shall investigate such subjects relating to improvement in agriculture and horticulture in this State, as it thinks proper; and shall meet at Hartford Meetings. at least once a year, and as much oftener, and at such other places, as it may deem expedient. Meetings of the Board shall be called by the Governor upon request of the secretary, or of four of its members. 18 1. s872. SEC. 4. For the purpose of inquiring into the methods and wants of pracit various parts tical husbandry, ascertaining the adaptation of agricultural products to soil, of State. climate, and markets, encouraging the establishment of farmers' clubs, agricultural libraries, and reading rooms, and of disseminating agricultural information by lectures or otherwise, the secretary shall annually visit different sections of the State; and he, or a member or members delegated by the Board, shall as far as practicable visit the different agricultural fairs in the State, and shall annually make a detailed report thereof to the Board. Dnties of treas- - SEC. 5. The treasurer shall receive all moneys belonging to the Board, urer. and pay out the same only for bills approved by it, and shall annually render a detailed account to the Board. 1871. SEC. 6. For the purpose of preventing the spread of contagious disPrevention of spread of con- eases among domestic animals, said Board may, when in its judgment tagious diseases. public safety demands, prohibit the introduction of any such animal into this State. When any contagious disease exists in the State, the Board may Chap. 1.] STATE PRISON DIRECTORS. 19 quarantine all infected animals, or such as they suppose have been exposed to contagion; prohibit any animal from passing on or over any of the highways near the place of quarantine; enter upon any premises where there are animals supposed to be infected with any disease; and make all investigations and regulations necessary for the prevention, treatment, cure, and extirpation of such disease. SEC. 7. The Board may appoint suitable persons to inquire into, and re- May appoint agents and port to it, all violations of law, and of any regulation made by it; and may commissioners. also appoint three commissioners on diseases of domestic animals, who shall have all the powers of the Board in regard thereto. SEC. 8. The Board shall, in May, annually, report to the General Assem- Annll. 12. bly a detailed statement of its doings, with a copy of the treasurer's account, and as full an abstract of the returns of agricultural societies, made by the secretary of the Board, as is approved of and directed by the Controller, but said report shall not exceed three hundred and fifty printed Number of copies. pages: said secretary shall, under the direction of the Controller, cause to be printed six thousand copies of said report, one thousand for the Itow ldisuse of said Board, one thousand for the use of the General Assembly, and four thousand to be distributed by said secretary, under the direction of said Board, to the town clerks for distribution among farmers. SEC. 9. The secretary shall receive such compensation as said Board may Co1S. direct; the other members of said Board shall receive no compensation, except their necessary traveling expenses for not more than fifteen days annually; or, in case of any member performing special duty by order of the Board, during the period so occupied, if over fifteen days. SEc. 10. The Controller shall, on the first day of each year, draw his Annual-appropriation. order on the Treasurer for twenty-five hundred dollars, in favor of said Board, for its use, from which shall be paid the sums authorized by the preceding section. PART XII. State Prison Directors. SEc. 1. There shall be three State prison directors, having the powers l.oq. 1s53 Appointment and duties specified in Chapter' I of Title IX, of whom the General and tlern of office. Assembly shall appoint one annually, whose term of office shall be three years, and until a successor is qualified, and it shall fill any vacancy in any unexpired term. The Governor may fill, until its next session. all vacancies happening during the recess of the General Assembly. PART XIII. Board of Charities. SECTION SECTION. 1. Appointment and duties. 3. Annual report. 2. To visit reformatory and other institutions. SEC. 1. There shall be a Board of Charities, consisting of three men and 1873. Appointment two women, appointed by the Governor, and removable at his pleasure, who and duties. may inspect all incorporated hospitals, and shall inspect all institutions in 2 0 PUBLIC OFFICERS. [Title 3. which persons are detained by compulsion, to ascertain whether their inmates are properly treated, and (except in cases of detention upon legal process,) to ascertain whether any have been unjustly placed, or are improperly held therein, and may examine witnesses, and send for persons and papers, and correct any abuses found to exist, in such manner as not to conflict with any personal, corporate, or statutory rights, acting, so far as practicable, through the persons in charge of such institutions, and with a view to sustain and strengthen their rightful authority; and no measures shall be adopted without the assent of the persons so in charge, except at a meeting of the Board, at which at least four members shall be present, or by a written order, signed by a majority of the Appeals to the Board. An appeal may be taken to the Governor from any action of the Governor. Board, by the persons in charge of such institutions. To isit reflorm- SEC. 2. Every institution which the Board is required to inspect, shall atory and other.Ei institutions. be visited by one or more members frequently, and the State prison, reformatory schools, and insane asylums, as often as once a month, and by at least one member of each sex: no previous notice of such visits shall be given to the persons in charge of the institution visited, and at every such visit, an opportunity shall be offered to each inmate for private conversation with some member of the Board. Any communication directed to any member of said Board, by any inmate of said institutions, shall be immediately forwarded to the post-office by the persons in charge, without inspection. Annual report. SEC. 3. Said Board shall make an annual report to the Governor, containing such statements and suggestions as it shall think proper. PART XIV. State Cleamists. SECTION I SECTION 1. Appointment and term of office. i 3. Court may order analysis of liquors. 2. Certificate of oath of office. | 4.'Mode and record of analysis. 1869. SEC. 1. One or more State Chemists shall be appointed by the Governor, Appointment and term of who shall hold office for two years, unless sooner removed by him. office. Oath of office. SEC. 2. The Governor, who shall appoint, and the officer who shall administer the oath of office to a State Chemist, shall, within ten days thereafter, certify the same to the Secretary, who shall make a record thereof, and may thereupon certify that said person has been duly appointed and sworn, as a State Chemist. Court may order SEC. 3. When any prosecution shall be pending for manufacturing, analysis of liqnor. selling, or keeping any intoxicating liquor, with intent to sell the same, and a sample of such liquor shall be presented in court, it may order such sample to be conveyed to a State Chemist for analysis, and may adjourn the trial of such prosecution a reasonable time for such purpose. Mode and record SEC. 4. Each State Chemist shall analyze all samples of intoxicating of analysis. liquor presented to him, for that purpose, by any legal officer; keep a record of all such samples, stating the kind of liquor, the name, and address of the Publication. person from whom he received it, and the result of his analysis; and furnish attested copies of said record for publication, at least four times a year. B UREAU OF LABOR STATISTICS. 21 PART XV. Bureau of Labor Statistics. SEC. 1. How constituted. I SEC. 2. Duties and powers. SEC. 1. There shall be a Bureau of Labor Statistics consisting of two 17ti3. persons, a Chief, and Deputy, appointed biennially by the Governor, who tuted. may remove either of them at pleasure, and fill vacancies. SEC. 2. Said Bureau shall collect detailed information and statistics con- Its duties and lnowers. cerning all departments of labor in the State, and especially as to the corn- mercial, industrial, and sanitary condition of the laboring classes; may issue subpoenas, send for persons and papers, and examine witnesses under oath; and shall annually report to the General Assembly, on or before the Annual report. twentieth day of May. PART XVI. State Library Committee, and State Librarian. SECTION SECTION 1. Appointment. 3. Returns of divorces. 2. Annual purchases of books. SEC. 1. The General Assembly shall annually appoint two persons, who, 1874. with the Governor, shall constitute the State Library Committee, have charge of the State Library, and appoint a State Librarian, who shall have charge under them of said Library, make an annual report, and perform such other duties as may be required by law. SEC. 2. The State Librarian may annually purchase for the State 1857. Annual purLibrary such elementary books and reports of foreign judicial decisions chases of books. as the State Library Committee may deem necessary, at an expense not exceeding five hundred dollars in any one year. SEC. 3. The clerks of the Superior Court shall, at the close of each 1865. Returns of term thereof, return to the State Librarian the number and causes of divorces. divorces granted at such term, which returns shall be tabulated by the Librarian, and published in his annual report. PART XVII. Notaries Public and Comlnmissioners of Deeds. SECTION SECTION 1. Notaries to be appointed by the Governor. i 3. Commissioners of deeds, &c., in other 2. Record of qualification. j States: appointment and duties. 4. Notice of revocation of commissions. SEC. 1. The Governor may appoint and commission a convenient num- 15s4. 1S.s8. 18612. 1865. ber of notaries public, each of whom shall hold office for two years unless Notaries to be his commission shall be sooner revoked by the Governor; and any notary the Governor. may exercise his functions at any place in this State. SEc. 2. The commission of every notary public, and his oath of office 1871. Record of qualitaken and subscribed by him before proper authority, shall be recorded fication. by the clerk of the Superior Court in the county in which such notary re 22 PUBLIC OFFICERS. [Title 3. sides, in a book provided for that purpose; and the clerk may certify to the authority and official acts of such notary public. 1827. 147. SEC. 3. The Governor may appoint and commission for five years, 1849. 1882. Commissioners ss such commission should be sooner revoked, a convenient number of deeds in other States; of commissioners in each of the other States of the United States, in appointment and duties. any Territory thereof, and in the District of Columbia; who shall have power to take the acknowledgment of deeds, and of any instruments required by the laws of this State to be acknowledged, to administer oaths or affirmations, examine witnesses, and take depositions relating to any cause pending, or to be brought in any of the courts of this State; but no Oath of office. commissioner shall act as such until he shall have filed with the Secretary an affidavit, that he will faithfully perform his duties as such commissioner, signed and sworn to by him before proper authority. 1862. 1871. SEC. 4. Notice of the revocation of the appointment and commission Notice of revocation of con- Of any notary public, or commissioner, shall be given in such manner as the Governor shall direct; provided that the Executive Secretary shall further notify the Secretary of this State of such revocation, and within five days after the revocation of the commission of any notary public, give notice thereof to the clerk of the Superior Court for the county where such notary resides, who shall note such revocation and its date upon the original record of his commission. PART XVIII. General Provisions. SEC. 1. Commencement of terms of office. I SEC. 2. Officers to be commissioned. 18i4. SEC. 1. The terms of office of all officers appointed by the Governor, GenConnielencemcntoftermsof eral Assembly, or Senate, unless otherwise specially provided, shall conoffice. mence on the first day of September next succeeding such appointment. Officers to be SEC. 2. The Governor shall commission all officers appointed by him, commissioned. or elected by the General Assembly, or by any other authority when a commission is necessary; and shall, when necessary, give certificates of appointment, under the seal of the State. CHAPTER II. County Officers. SECTION SECTION 1. County Commissioners and their duties. 4. Annual reports. 2. County treasurer to give bonds. 5. Auditors of county accounts. 3. Treasurer's accounts. S853.. SEC. 1. Three County Commissioners in each county shall be appointed 1863. 1865. Appointment of by the General Assembly, each for the term of three years, one to be apmissioners, and pointed annually; and all vacancies shall be filled only for the unexpired portheir duties. tion of the term. The Governor may fill any vacancy occurring during the recess of the General Assembly until its next session. No sheriff's deputy Chap. 2.] GENERAL PROVISIONS. 23 shall hold such office. They shall appoint a county treasurer, shall manage Appointment ol and take care of all the estate belonging to the county, and may sell or purchase real estate in behalf of the county, but all conveyances of estate to or by a county, shall be made in the name of its treasurer, or of him and his successors in office.* SEC. 2. Every county treasurer shall, before he enters upon the execution 1861. County treasurof his office, give a bond of five thousand dollars to the State, with surety ertogivebonds. satisfactory to the County Commissioners, conditioned for the faithful perfornmance of the duties of his office, during the term for which he shall be elected, and during any next succeeding term or terms for which he may be reappointed such treasurer; and shall give new bonds when required by the State Treasurer. SEC. 3. Every county treasurer shall keep an account of the county taxes, Treasurer's acof the fines and forfeitures belonging to the county, and of its receipts and expenses; and shall make an annual statement of such account, which shall. be audited by the County Commissioners; and shall pay out the moneys of the county upon their lawful order. SEC. 4. The County Commissioners of each county, and in case of their county co-2. neglect, any one of them shall, on or before the twentieth day of April in missioner.s to publish aceach year, file with the clerk of the Superior Court in such county, and cause counts of co0unty receipts, exto be published at the expense of the county in one or more newspapers penses, &c. printed and of general circulation therein, a statement of all the receipts and expenses of the county during the year ending on the thirty-first day of March next preceding, and also of all amounts due to and from the county, if any, specifying the amount received from the State for the board of prisoners; from the United States; amount received from earnings of prisoners; key fees; amount received from all other sources, specifying what; total receipts; amount due from all sources, specifying from whom and for what; total amount due; amount expended for provisions, clothing, bedding, fuel, lights, medicines, medical attendance, salary of jailer, assistants, chaplain, inspectors, County Commissioners; building and repairs of jails; all other expenses in detail; total expenditures; total indebtedness of the county, specifying to whom and for what, and whether by bond or otherwise; and the rate of interest paid. Every County Commissioner who shall neglect to Penaltyfor necomply with this section, shall pay twenty-five dollars to the State, and shall receive no compensation for his services as such Commissioner. SEC. 5. Said court in each couqnty shall during the first week of the term 1874. Auditors of held next preceding the first day of February in each year appoint two county accounts persons, to audit and examine said reports and the statement of the county treasurer, who for that purpose may compel the attendance of witnesses and the production of any pertinent testimony, and shall present their report to the clerk of said court, at the time when such Commissioners are required to report, which shall be printed with said Commissioners' report; and said court shall, at its term holden next following the twenty-first day of April in each year, tax a reasonable sum for the compensation of said auditors, to be paid by the county treasurer. * County Commissioners may hold office after arriving at the age of seventy. 25 Conn., 180. 24 PUBLIC OFFICERS. [Title 3. CHAPTER III. To wvn Officers. Part 1. Elections. Part 2. Selectmen. Part 3. Town clerks. Part 4. Treasurer. Part 5. Registrar. PART I. Elections. SECTION SECTION 1. Of officers to be elected at annual meet- 5. Returns of election of registrar. ing. 6. Record of returns. 2. Of first selectman. 7. Return of election of town clerk. 3. Boxes, how long to be kept open. 8. Towns may regulate the manner of voting. 4. Vacancies, how filled. 1650. 1672. SEC. 1. At each annual town meeting there shall be chosen not less than 1712. 1852. What officers to two, nor more than seven, to be selectmen, not less than two nor more than be elected. six grand jurors, not more than seven constables, one or more electors, not exceeding five, to be assessors, one or more electors not exceeding five, to be a board of relief, a town clerk, a registrar of births, marriages and deaths (all of whom, excepting the selectmen, shall be duly sworn), a treasurer, surveyors of highways, a collector of town taxes, haywards, gaugers, packers, sealers of weights and measures, weighers, a pound-keeper for each pound, and other ordinary town officers, to serve for the year ensuing, and until others are chosen and qualified in their place, except as is hereinafter provided.* 1874. SEC. 2. Of the persons elected selectmen, the person first named on a First selectmaplurality of the ballots, cast for them or any of them, shall be the first selectman. 1865. SEC. 3. The boxes for the reception of votes for such town officers, as Boxes, how long kept open. are elected by ballot, shall remain open for that purpose, not less than three hours, from the opening of the meeting. 1725. SEC. 4. If any office in any town shall be vacant, by the neglect of the Vacancies, how filled. town to appoint, or the refusal, death or removal of the person appointed, such town may fill the vacancy. 1867. SEC. 5. The moderator of any town meeting, at which a registrar of Return of electionofregistrar. births, marriages and deaths shall be chosen, shall, within ten days after such meeting, transmit to the Secretary, and also to the clerk of the * When constables are to be chosen. 1 Root, 135. When sworn. 5 Conn., 278. Need not be sworn on a re-election. 1 Root, 83. In July, 1643, it was provided that a grand jury of twelve men should be warned to appear at the court in September, annually, or as many and often as the Governor or court should think meet, to make presentment of the breaches of any laws, or orders, or of any misdemeanors, Nwithin the jurisdiction, which should come to their knowledge. In May, 1667, the attendance of a grand jury of at least twelve able men, was required, once a year, at the County Court in each of the counties. In October, 1668, it was provided that the clerk should summon as many as the court should approve, which should be at least one from every plantation; and in May, 1680, that, being once appointed, they should serve twelve months. In 1712, the statute regarding grand jurors was revised, and the main provisions of the present law adopted. In May, 1726, it was made a question before the Legislature, whether grand jurors could present for offences committed before their appointment, and it was decided that they might. At the revision in 1750, a provision to that effect was incorporated into the statute. Chap. 3.] SELECTMEN. 25 Probate Court, of the district in which such town is situated, a certified return of the name of said registrar, in substance as follows, to wit: At the annual (or other) town meeting of the town of Form. legally convened and held on the day of A. D. was chosen registrar of births, marriages and deaths of said town, from the first Monday of January, A. D., until the first Monday of January, A. D. Certified by A B. Moderator. SEC. 6. The Secretary, and the clerk of the Probate Court, shall record the Secretary and clerk of Probate name of the registrar so chosen and returned, with the date of his election, Court to record appointment of in a book kept by. each of' them for that purpose, and each may certify that registrars. the persons named in said records are the registrars of births, marriages and deaths, of their respective towns, for the period for which they are respectively elected. SEC. 7. Such moderator, when a town clerk shall be chosen and sworn, I851. Return of elecshall within ten days make a like return, stating that said clerk was sworn, tion of' town to said Secretary, who shall make a like record, and give like certificates thereof. SEC. 8. Each town may determine, within the limits by law provided, the 1845. Towns may rec. number of its officers, and prescribe the mode in which they shall be voted ulate the malner of voting. for at subsequent meetings, and no alteration of such numbers or mode shall take effect until after the adjournment of the meeting by which it was adopted. PART II. Selectmexn. SECTION SECTION' 1. General powers and duties. 4. To fill vacancies in town offices. 2. To contract for support of insane poor. 5. Mlay license dealers in jnmk. 3. To make returns of deaf and dumb, andl 6. Dealer to enter description of articles blind. purchased. SEC. 1. The selectmen shall superintend the concerns of the town, adjust 16a2. 1S31. General powers and settle all claims against it, and draw orders on the treasurer for their andl duties. payment; keep a true account of all expenditures, and exhibit it at the annual meeting; and forthwith, after the election or appointment of any officers to,e town officers, of whom an oath is required by law, cause them to be sworn swor to a faithful discharge of their respective trusts.* SEC 2. The selectmen of any town may contract in its behalf with the 1 f45. -May contract for onicers of the Retreat for the Insane at Hartford, for the support of any support of insane poor. insane poor belonging to such town. SEC. 3. The selectmen of each town shall return to the Governor on or 1s29. To make annual before the fifteenth day of January, annually, the number of deaf and dumb returns to Govand of blind persons therein, and the age, sex, and pecuniary circumstances ernor of each. *Selectmen are not agents of the town in removing encroachments on highways. 2 Conn., 292. Selectmen of one town are liable for removing paupers from such town to ^another to which they do not belong, thereby throwing the burden of their support on the latter town. 9 Conn., 275. Power of selectmen in settlng claims of town. 2 Day, 323; 23 Conn., 51; 29 Conn., 131. IIHav no power to bind town by submittingr to arbitration question involving liability of town for support of pauper. 5 Conn., 367. May, without special authority, prosecute and defend suits in the name of the town 19 Conn., 331. 26 PUBLIC OFFICERS. [Title 3. To fill cies4. SEC. 4. When any vacancy shall occur in any town office or board of To fill vacancies in town offices. town officers, the selectmen of such town may fill it, until filled by the town. 1864. SEC. 5. The selectmen may grant licenses to suitable persons to be May license dealers in junk, dealers in, and keepers of shops for the purchase, sale or barter of junk, old metals or second-hand articles, in their town, and,revoke any such license for cause, after notice to such dealer. Such license shall designate the place where the business is to be carried on, and shall continue in force for one year from its date, unless sooner revoked. Dealers to enter SEC. 6. Such dealer, or shopkeeper, shall keep a book in which shall be in a book, the articles piurf written at the time of the purchase of any such article, a description of the chased, &c. article purchased, the name and residence of the person from whom, and the day and hour when such purchase was made; and such book, and such shop, and all articles of merchandise therein, may be examined at all times by the selectmen of the town, or by any person by them authorized to make such examination. PART III. Town Clerks. SECTION SECTION 1. Appointment of clerk pro tem. 5. Land records. 2. Assistant, how appointed by town clerk. 6. Clerk to note release of mortgage. 3. Selectmen may appoint assistant, when. 7. Record of attachment of land. 4. Records and copies. 8. Filing of maps or surveys. 175o0. SEC. 1. When the town clerk is absent from any town meeting, the Appointment of clerk pro tern, town may choose a clerk pro tempore. 1837.,SEC. 2. Each town clerk may nominate an assistant town clerk, who Assistant. how appointed'. having been approved by the selectmen, and taken the oath provided for town clerks, may, in the absence or inability of the town clerk, perform all his duties, except deciding upon the qualifications of electors. 1863. SEC. 3. When any town clerk shall be unable to discharge the duties Selectmen may appoint an as- Of his office, and shall have omitted, or shall be unable to nominate an sistant clerk, when. assistant town clerk, the selectmen may appoint one, who, having been duly sworn, may act as town clerk except as provided in the preceding section, during such inability or until the next annual meeting of said town. 1672. SEC. 4. Town clerks shall keep the books of their respective towns and 1702. 1784. Records and truly enter all votes of the town and give true copies of the same, as well copies. as of all instruments by them recorded; and all attested copies of deeds, with a certificate from the town clerk, or assistant town clerk, that they have been recorded, shall be conclusive evidence of such fact.* Instruments to SEC. 5. There shall be kept in every town proper books, in which all be recorded within thirty instruments required by law to be recorded, shall be recorded at length by days. the town clerk within thirty days from the time they are left for record; and also an index to the same, containing the names of the grantors and grantees, in alphabetical order; and the town clerk shall, on the receipt of * When a copy is not evidence, without accounting for the non-production of the original. 1 Conn., 252. Town clerk may, at any time while in office, correct his record. 20 Conn., 590. Attested copy conclusively rebutted by original record corrected after the making of such copy. Ibid. Mere certificate of recorded fact, without certified copy of the record itself, inadmissible. 31 Conn., 101. Chap. 3.] TREASURER. 2 7 any instrument for record, write thereon the day, month and year when Day, month and year to be enhe received it, and the record shall bear the same date; but he shall tered on deed. not be required to receive any instrument for record unless the fee for recording it shall be paid him in advance; and when he shall have received it for record, he shall not deliver it up to the parties or either of them until it has been recorded.* SEC. 6. When any town clerk shall have recorded any instrument, 1859. Town clerk to known to him to be a release of any mortgage recorded on the records of note release of mortgage. said town, he shall make a memorandum on the page where said mortgage is recorded, stating the book and page where said release is recorded. SEC. 7. When any real estate shall be attached, the town clerk, in 8S54. 185. Names of parwhose office the certificate of attachment is left, shall record it, or the ties in an attachment of real names of each party to the suit, the amount of damages claimed in the estate to be recorded. declaration, with the description of said attached estate as set forth in said certificate of attachment, in a book kept for that purpose; and his fees for this service shall be paid to him by the plaintiff in the suit, and be included and taxed with the officer's fees in said suit. SEC. 8. When any person having an interest in land shall have caused 1aps to be it to be surveyed, and a map of the survey to be made, and shall have placed on file. appended thereto a certificate of the surveyor that it is substantially correct, such map may be received and placed on file in the office of the clerk of the town where said land is situated; and shall thereupon be deemed part of the deeds referring thereto, and a copy thereof may be produced in court accordingly; and every town clerk shall make and certify copies of any map on file in his office. PART IV. Treasurer. SECTION SECTION 1. Duties. 3. May call in town orders, and stop inter2. Bonds. est. SEc. 1. The town treasurer shall receive all the money belonging to 1639. 1821. 1867. the town; pay it out on the order of the proper authority; keep a Dtties. record of all moneys received and when received, and of all moneys paid out, when, for what and upon whose authority, which record shall always be open to the inspection of any tax payer in said town, and shall be presented to each annual town meeting, being first adjusted by the selectmen; and call on the justices of the peace in the town for an account of the fines, penalties and forfeitures received on judgments by them rendered, within one year after their rendition. SEc. 2. The selectmen of each town shall require of the treasurer a suffi- 1845. 1867. cient bond, with surety, conditioned for the faithful discharge of the duties g of his office; and the selectmen who shall neglect or refuse to require such bond, shall be jointly and severally liable to the town for all moneys not accounted for by said treasurer. *When an execution has been levied on real estate, the certificate of the justice appointing the appraisers, and the appraisers' certificate appended to the officer's return, need not be recorded. S Conn., 232. A deed delivered for record cannot be returned without being- recorded, and if it is, the title of the grantee is not thereby defeated. 2 Root, 85; 8 Conn., 342. 28 PUBLIC OFFICERS. [Title 3. 1ay o864.y SEC. 3. The treasurer may, at any time, give notice to all persons hold-Mlay notify holders of town or- ing orders drawn by the selectmen on the treasurer to present them ders to plresent them for pay- for payment, on or before a certain day to be fixed in said notice, which ment. shall be at least thirty days after the date thereof. Such notice shall be advertised, for three weeks successively, in a newspaper printed or having cirNo interest to culation in said town, and be posted on the sign-post therein. If any person be allowmed on orders, when. holding an order, outstanding at the time of such notice, shall fail to present it for payment, on or before the day fixed in said notice, no interest shall be allowed on it after said day. PART V. Registrar of Bilrths, Mlarriages and Deaths. SECTION SECTION 1. Oath and term of office. 6. No dead body to be removed without cer2. Duties. tiiicate. 3. Certificate of midwife, sexton, physician, 7. State Librarian to furnish blanks, &c. and next of kin, as to births. &c. 8. Duty of registrar, when no certificate is 4. Their fees. returned. 5. Form of certificate; forms to be distributed. 1852. 1854. SEC. 1. Every registrar of births, marriages and deaths shall hold office Oath and term o office. for one year from the first Monday in January next succeeding his appointment and until his successor is appointed and qualified. 1852. SEC. 2. The registrar shall ascertain, as accurately as he can, all the 1856. 1868. Duties ol regis- births, marriages, and deaths occurring in his town, and record the same in trar. br a book or books kept by him for that purpose, in such form and with such particulars as shall be prescribed by law. He shall give licenses to marry, according to the provisions of law, and shall make and perfect all records of the birth of any child born in his town, upon the affidavit of the father or mother, stating the date of birth, the name and sex, the names, ages, color, and residence of the parents, and the occupation of the father; and his record of births shall state, in separate columns, the date of each birth, the child's name, (if any,) its sex, the names, ages, color and residence of its parents, and the occupation of its father. His record of marriages shall state, in separate columns, the date of each marriage solemnized in his town, the name, age, color, occupation, and birth-place, of each of the parties, the residence of each prior to and at the time of marriage, the condition of each, (whether single or widowed,) immediately prior to the marriage, and the name and residence of the minister or magistrate, by whom the parties were joined in marriage; and his record of deaths shall state, in separate columns, the date of each death, the disease, or other cause, producing such death, the name, age, color, sex, birth-place, last occupation, residence and condition, (whether single, married or widowed,) of the deceased; and he shall amend his records, as he may discover omissions or mistakes therein; and annually, on or before the twenty-fifth day of January, shall send the State Librarian an attested abstract of said records for the year next preceding the first day of said January, which shall be made in such form as Copy to be de- shall be prescribed by said Librarian, and shall deposit a true copy thereof p osited with the town clerk. with the town clerk. Chap. 3.] REGISTRAR OF BIRTHS, MARRIAGES, AND DEATHS. 29 SEC. 3. Every physician or midwife, who shall have professional charge Certificate of midwife or phyof the mother at the birth of any child, and every attendant, who may act sician as to as midwife at such a time, where no physician or midwife is employed, shall, during the first week of the month next succeeding such birth, furnish the registrar of the town, wherein such birth may have taken place, a certificate, signed by such physician, midwife, or attendant, stating, from the best information which the signer of said certificate can obtain, the date of such birth, the child's name, (if any,) and sex, the names, ages, color and residence of its parents and the occupation of its father; and every sexton or person having charge of any public or private burial 1852. Sexton to make place, shall, during the first week of each month, deliver to the registrar certifieate of of the town, in which such burial place is situated, a list of the names and dates of burial of the persons buried therein, during the month next pre- Physician to make certificeding; and the physician who shall attend any deceased person shall, cate of case of during the first week of the month next succeeding such decease, leave death. with the registrar a certificate signed by him, containing all the particulars relating to said deceased required by the preceding section to be recorded; and in case no physician attended such deceased person, the nearest Nearest of kin to procure cerof kin shall procure such certificate from some other physician or substantial tificate. inhabitant of the town, and shall leave it with the registrar within fifteen days thereafter. SEC. 4. Each person, who shall perform the duties required by the pre- 1855. Compensation ceding section, shall receive for each certificate so given, twenty-five cents, for certificates. to be paid by the town in which such birth or death may occur. SEC. 5. Every certificate of death shall be in the following form: Form of certificates of death. I certify from the best information which I can obtain, that died at on the day of A. D. 18, aged years months, and days. Sex; condition,; born in; residence at the time of death,; disease, or cause of death, occupation,; color, Dated at this day of A. D. 18 Attending physician, (or-Inhabitant of said town, as the case may be.) And the registrar of each town shall distribute to all persons therein, who Forms distributed by regisin his judgment are likely to need them, blank forms for the certificates trar. and returns required by law. SEC. 6. No person shall take the body of a deceased person out of the Body of (deceased l'erson not to town, wherein he died, without having first left with its registrar a cer- be iemoved tificate, similar in all particulars to the one prescribed in the preceding cate. section; and the registrar shall give a permit for the removal of such body, upon receipt of said certificate. SEC. 7. The State Librarian shall annually prepare and furnish to the Dnty of State registrars of the several towns, blank books for their records, and a sufficient Librarian. number of blank forms for all the certificates and returns of births, marriages and deaths, required by law; accompany the same with such instructions and explanations as he may think necessary; receive said returns and prepare, or cause to be prepared therefrom, such tabular statements as will render them of practical utility and exhibit their results in convenient form; make report thereof annually to the General Assembly; and do whatever may be necessary to carry the provisions of this Part into effect. 30 PUBLIC OFFICERS. [Title 3. 1856. SEC. 8. When any birth or death shall happen, concerning which no Duty of registrar when 1io certificate shall be returned to the registrar, he shall obtain the information certificate is returnted. required by law respecting such birth or death, for which he shall be entitled to the compensation provided in the fourth section. CHAPTER IV. Peace Officers. Part I. Sheriffs. Part II. Constables. Part III. Borough Bailiffs. Part IV. Policemen. Part V. General Provisions. PART I. Sheriffs. SECTION SECTION 1. Commencement of term. 8. May appoint deputies. 2. Bonds. 9. Number of deputies, and who may be. 3. General powers. 10. May appoint and remove jailers. 4. May call out militia. 11. Perquisites of sheriffs for appointments. 5. Duties in serving process. 12. Deputy sheriffs, how removed. 6. Penalty for not paying over money col- 13. Deputies and jailers to continue in office lected. after death, &c., of sheriffs. 7. Removable for taking illegal fees. 183s. SEC. 1. The term of office of every sheriff shall commence on the first Commenllcement of term. day of June succeeding his election. 1724. SEC. 2. No person shall enter upon the duties of sheriff until he shall Bonds. execute a bond of ten thousand dollars, with two or more sureties, to the acceptance of the Governor, payable to the State, conditioned that he will faithfully discharge the duties of his office, and answer all damages which any person may sustain by his unfaithfulness or neglect in their discharge; and the Governor may, at any time, demand of any sheriff a new bond, with such sureties as he may judge proper, and on such sheriff's neglect or refusal To be commis- to give it, he shall be considered to have resigned his office. Every sheriff sioned. shall receive a comsnission, and his bond shall be lodged with the Secretary, and recorded in the records of the State, and a copy thereof, certified by the Secretary, shall be evidence of its execution. 17-2. SEC. 3. Each sheriff may execute, in his county, all lawful process G; ene ral p owers. directed to him, and shall be conservator of the peace; and may, when necessary, with force and strong hand, suppress all tumults, riots, unlawful assemblies, and breaking the peace, raise the power of the county, and command any person to assist him in the execution of his office. Mlay call out the SEC. 4. When great opposition to the execution of lawful process by a sheriff shall be made or anticipated by him, he may, with the approval of a justice of the peace, raise the militia of the county to remove such opposition, and may seize and confine all who resist his authority; and any militia officer or soldier shall pay to the party injured all damages, which he shall sustain by the neglect of such officer or soldier to obey the commands of the sheriff. Chap. 4.] SHERIFFS. 31 SEC. 5. Each sheriff shall receive all process directed to him when ten- 1722. 725. Duties in dered, and execute it, and make true return thereof; and shall, without serving process. any fee, give receipts when demanded for all civil process delivered to him to be served, specifying the names of the parties, the date of the writ, the time of delivery, and the sum or thing in demand; and if any sheriff shall not duly execute and return the process, or shall make a false or illegal return thereof, he shall be liable to pay all damages to the party Damages for failure to serve aggrieved. No sheriff shall return in any case, that he cannot do execu- process, or talhe returns. tion.* SEc. 6. Any sheriff, refusing to pay, on demand,, money collected by Penalty for not him, to the person authorized to receive it, shall pay him two per cent. a paying over monley colmonth, on the amount received, from the time of such demand.t lected. SEC. 7. If any sheriff shall knowingly demand or receive illegal fees for Removable for taking illegal serving process, or shall illegally detain, after demand, any money collected fees. by him, or refuse to satisfy any execution issued against him, the General Assembly shall remove him from office. SEC. 8. Sheriffs may appoint deputies to act under them, who shall have 1766. Si65. Miay,appoint the same power as the sheriffs appointing them; and sheriffs shall be respon- deputies. sible for the neglect and default of their deputies in the execution of their office.. SEC. 9. The number of deputy sheriffs to be appointed for Hartford 1766. 1781'. Number of depcounty shall not exceed twenty; for New Haven county fifteen; for New nties. alld who London county ten; for Fairfield county eleven; for Windham county eight; for Litchfield county thirteen; for iMiddlesex county nine; for Tolland county eight; but, in addition to such number, sheriffs may appoint each other as deputies in their respective counties; and on special occasions they may depute any proper person to execute any particular process. * An officer is bound to obey every precept put into his hands for service, which appears to have issued from competent authority, and with legal regularity. 9 Conn., 140. Special directions not necessary. 4 Conn., 527. No agreement between parties will excuse the officer. 2 Conn., 417. It is a presumption of law that an officer has done his duty. 7 Conn., 350; 7 Conn., 505; 8 Conn., 134. Officers' return, prima facie evidence. 4 Conn., 79. An officer, having taken property, must, in his subsequent proceedings with it, comply with all the requirements of the law, or show some legal excuse. 16 Conn.. 536. An officer may release the body, and attach personal estate. 1 Conn., 255. An officer may levy on the body, although the debtor may have abundant personal estate, if he refuses to turn it out on demarnd. 4 Day, 376. An officer, having made a lawful levy, cannot be made a trespasser by a subsequent omission or neglect of duty. 4 Day, 257. An action at common law swill lie against an officer for neglect of duty in serving and returning an execution. 1 Conn., 347. Rule of damages. 5 Day, 221. Rule of damages for neglect of duty in service of mesne process. 9 Conn., 379; 10 Conn., 1; 16 Conn., 555. Inrdebitatus assumnpsit may be sustained against an officer for paying to the creditor money- collected on an execution issued upon a judlgment afterwards reversed, if he has had notice not to pay it. 6 Coon., 372. Officer is not liable for not attaching real estate, without direction. 16 Conn., 555. An officer, having acted in good flith in taking personal estate, and selling it as the law directs, is not responsible for any deficiency in the proceeds. 5 Conn., 475. An officer, in selling personal estate taken by him, cannot be the purchaser, without the consent of both creditor and debtor. 1bid. Diligence required of officer in service of process. 1 Day, 128; 15 Conn., 46. In an action against an officer for a defective levy of an execution on real estate, whereby the plaintiff gained no title, it is competent for the defendant to show that the debtor, at the time of the levy, had no title. 9 Coln., 42. In a suit atainst an officer for an escape, the admissions of the original defendant are evidence to show a cause of action against him. 25 Conn., 499. Various points regardiin liability of receiptors. 33 Conn., 184; 33) Coln., 4601. Officer recovers for property that is attached, taken by a third party, only on ground ol his liability to another. 37 Conn., 588. t A sheriff may be factorized. 28 Conn., 103. t A sheriff is liable for default of his deputy, notwithstanding the recovery of a judgment against such deputy, ancd,taking his body in execution thereon. 4 Conn., 387. A deputy sheriff is to a certain extent an independent officer. 30 Conn., 351; 33 Conn., 109. A cause of action agrainst a sheriff for the default of his deputy, survives against his administrator, and is presentable against his estate. 30 Conn., 357; 33 Conn., 109. Not liable if deputy levies on property of wrong person. Ibid. 32 PUBLIC OFFICERS. [Title 3. 1724. 1S04. SEC. 10. Sheriffs, with the approval of the County Commissioners in their May appoint and remove respective counties, may appoint under them keepers of the jails in said jailers. ~. Appointments counties. Appointments of deputy sheriffs and of jailers shall be in writing, to beinwriting. under the hand of the sheriff, and recorded in the records of the Superior Court in the county for which they are appointed; and the sheriff may, at his pleasure, dismiss from office the deputies and jailers appointed by him, but only upon his delivering to the person removed a written discharge, and filing a copy thereof with the clerk of the Superior Court in said county, for record in the records of said court. 1816.P e of SEC. 11. Each sheriff shall be entitled to receive of every deputy appointed Perquisites of sheriff for ap- by him not more than forty dollars, annually, and in the same proportion for any term less than one year; and if he shall be sued on account of the default of such deputy, he may recover on the bond of such deputy, fifteen dollars in addition to the amount recovered of him, or which he may have Penalty for been compelled to pay, on account of such default. If any sheriff shall detakingc, excess. taking e mand or receive any other or greater compensation from any deputy, or any reward for appointing or continuing in office any jailer, he shall, by the Superior Court in the county for which he is sheriff, on the information of the State's Attorney, be removed from office, and adjudged forever disqualified to hold the office of sheriff. 1799. 1l46. SEC. 12. Any deputy sheriff may be removed from office for cause, by Deputy sheriffs how removed. the County Commissioners of the county for which he is appointed, after reasonable notice to the sheriff and to such deputy, and they shall remove any deputy sheriff, who knowingly demands or receives illegal fees; but no such removal shall take effect until a certificate thereof, signed by said Commissioners, specifying the cause of removal, shall be filed with the clerk of the Superior Court in such county, for record in the records of the court. 1804. 1869. SEC. 13. On the death, resignation, or removal from office of any sheriff, Deputies and jailers to con- the deputy sheriffs and jailers appointed by him, shall continue in office, tinue in office after death, &c., until another sheriff shall be elected or appointed and qualified, although of sheriff. their terms of office may have previously expired; and their defaults and misfeasances, after such vacancy occurs, shall be a breach of the bond of Liability on such sheriff, and his estate shall be liable therefor, and he or his executors bond. or administrators shall have against such deputy sheriffs, jailers, and their sureties, the same remedies as he would have been entitled to, if said vacancy had not occurred.* PART II. Constables. SECTION SECTION 1. To give bonds. 3. May command assistance. 2. To execute process. 4. Special constables. 1845. SEC. 1. No person shall enter upon the duties of constable until he shall To give bonds. To give execute a bond with surety, to the acceptance of the selectmen of the town for which he was appointed, payable to the town, conditioned that he will * Claims for default of deputies may be presented against the estate of deceased sheriffs. 33 Conn., 109. Chap. 4.] BOROUGH BAILIFFS-POLICEMEN. 33 faithfully discharge the duties of his office, and answer all damages which any person may sustain by his neglect or unfaithfulness in their discharge. SEC. 2. Constables shall have the same power in their own towns, to 17221650. execute all lawful process legally directed to them, as sheriffs have in their To execute pro--------- ---- -~~~' ~~ld cess. respective counties, and shall be liable in the same manner for any neglect or unfaithfulness in their office. SEC. 3. Constables, when necessary, may command any person to assist 1650. May command them in the execution of the duties of their office. assistance. SEc. 4. The selectmen of any town, on occasion of any public celebra- Special onst165. tion or gathering, or during a period of any unusual excitement therein, bles. when appointed. may appoint such number of special constables as they may deem necessary to preserve the public peace in such town, who shall have the powers of constables to serve criminal process and arrest for crime, during the time for which they shall be appointed. PART III. Borough Bailiffs. SEC. 1. Borough bailiffs may execute all legal process in their respective 1858. To execute boroughs, which sheriffs or constables can execute. process. PART IV. Policemen. SECTION SECTION 1. Power to arrest for crimes. 3. Badge of railroad or steamboat police. 2. Appointment of railroad and steamboat 4. Their power to arrest. police. SEC. 1. Active members of any legally organized police force, in a city 1866. Power to arrest or borough, shall have the same authority to execute criminal process in for crimes. their respective cities or boroughs, as constables have in their respective towns. SEC. 2. The Governor may, from time to time, upon the application of 1867. Appointment of any railroad or steamboat company, engaged in the business of transportation railroad and 0 0 - - ---- ----- ^ steamboat in this State, commission, during his pleasure, one or more persons decig- police. nated by such company, who, having been duly sworn, may act at its expense as policemen upon the premises used by it in its business, or upon its cars or vessels. When any such commission is issued, or revoked, the Executive Secretary shall notify the clerk of the Superior Court of each county in which it is intended that such policeman shall act. SEc. 3. Every such policeman shall, when on duty, wear in plain view, a Badge of railroad and steamshield, bearing the words "Railroad Police" or "Steamboat Police," as boat police. the case may be, and the name of the company for which he is commissioned. SEC. 4. Every railroad or steamboat policeman, may arrest in his pre- Their power to cincts for all offences committed therein, and bring the offenders before arrest. proper authority. 34 PUBLIC OFFICERS. LTitle 3. PART V. General Provisions. SECTION SECTION 1. Judge or justice not to be sheriff, &c. 4. Items of fees to be indorsed on process. 2. When officers may break into houses. 5. To give items of fees to debtor. 3. When officer may arrest without warrant. 1udeS12. SEC. 1. No judge, except a judge of Probate, and no justice of the Judge or justice not be sheriff, peace, shall hold the office of sheriff, deputy sheriff, or constable.* &c. 1864. SEC. 2. Every officer, having a warrant to arrest a person charged with When officers may break keeping a house of ill fame, a house reputed to be an assignation house, or into houses. a house where lewd, dissolute, or drunken persons resort, or where drinking, carousing, dancing, or fighting is permitted to the disturbance of the neighbors, or with violating any law against gaming in the house or rooms cccupied by the accused, may break open any outer door to gain admission to such house, after demanding admittance; and may, after like demand, break open any door to any room or closet in such house, in which there is any person who has resorted, or is resorting to such house, for any of said purposes; and may arrest and take them before proper authority. 1650. 1722. SEC. 3. Sheriffs, deputy sheriffs, constables, borough bailiffs, police 1867. 1874. When officer officers, and railroad and steamboat police, in their respective precincts, may arrest without war- shall arrest, without previous complaint and warrant, any person for any rant. offence in their jurisdiction, when the offender shall be taken or apprehended in the act, or on the speedy information of others; and all persons so arrested shall be immediately presented before proper authority. It h9.fif t SEC. 4. Every officer serving any process shall endorse thereon the items items of fees to be indorsed on of his fees, with the number of miles traveled by him; and if any officer process. Penalty for shall indorse, demand, or receive, on any civil process, more than his legal taking illegal fees. fees, he shall pay threefold the amount of all the fees charged, to the person against whom the illegal charge was made. To give items SEC. 5. Every officer, at any time before the return of an execution of fees, &c., to execution deblt- collected by him, shall sign and give the debtor on demand and without or. fee, a statement of the items of his fees, the name of the creditor, the date Penalty. and amount of the execution, and the court from which it issued; and in case of neglect he shall forfeit to said debtor threefold the amount of his fees. * Acceptance of office of constable by a person holding office of justice, a surrender of the latter office. 25 Conn., 565. Chap. 1.] JUSTICES OF TiE PEACE. 35 TITLE IV. COURTS. CHAPTER I. Justices of the Peace. CHAPTER II. Court of Common Pleas, and District Court. CHAPTER III. Superior Court. CHRAPTER IV. Supreme Court of Errors. CHAPTER V. Probate Courts. CHAPTER VI. General Provisions. CHAPTER I. Justices of the Peace. SECTION SECTION 1. Term of office. S. When absent or sick on day of trial, maytry 2. Vacancy by neglect to take oath. cause after his return, &c. 3. Number in each town. 9. In case of death, another justice may issue 4. Who may certify to their official character. citation and try suit. 5. Officer to transmit certificate of oath. 10. Powers of justices when not re-elected. 6. Justices' cotrts' jurisdiction; power to 11. When justice disqualified, parties may dessiffn writs, &c. ignate another. 7.!May take confession of debt. 12. Trial may be by agreement before the time. SEc. 1. Justices of the peace elected at a biennial electors' meeting shall 1852. 1858. Terni of office. hold office for two years, commencing on the fourth day of July, succeeding their election: if elected to fill a vacancy, and before the fourth day of July next after such regular biennial election, they shall hold office from and after said fourth day of July; but if elected after said day, they shall hold office from and after their election, and, in both cases, until the fourth day of July succeeding the next of said biennial elections. SEC. 2. If any person elected a justice of the peace shall not take the 1isS. Vacancy 1)y r0io.oath required by law within thirty days next after his term of office com- lect to take oath. mences, his office shall be vacant. SEC. 3. The number of justices of the peace in each town shall be equal 185be e2. NtuImlber in each to the number of jurymen prescribed for it. town. SEC. 4. The Secretary may certify to the official character of justices of 1s51. 1854. Who may certithe peace; and the clerks of the Superior Court and town clerks may likewise fy to their ofi,cial character. certify in respect to justices of the peace in their respective counties or towns, as the case may be. SEC. 5. The officer before whom a justice of the peace is qualified shall os54. t84. transmit a certificate, declaring the fact, to the clerk of the Superior Court mit certificate of the county in which said justice of the peace resides, which shall be sufficient authority for the clerk to certify that said justice is duly qualified; and 36 COURTS. [Title 4. said clerk shall, on or before the tenth day of August, annually, transmit to the town clerk of each town in said county a list of the names of all persons in that town, returned to him as having been duly qualified, which shall be recorded by the clerk of said town. 1n. 7. SEC. 6. Every justice of the peace may, from time to time, hold a court 1766. 1787. Justice'scourts; in the county for which he is appointed; and shall have cognizance of jurisdiction; power to sign all actions, legally brought before him, and grant execution thereon, according to law; and may issue and sign any civil or criminal process which may 1872. be served and returned before any court; and in issuing a warrant for the arrest of any person, he may make the same returnable before himself, or any other proper authority.* 1742. SEC. 7. Every justice of the peace, in the county for which he may May take confession of debt. be appointed, may take a confession of debt, from a debtor in person to his creditor,-for any sum not exceeding one hundred dollars, and the cost of 1874. uch confession; and shall record such confession, and grant execution thereon, which shall be proceeded with in the same manner, and have the same force, as executions issued in a suit. 1864. 1873. SEC. 8. When any civil process shall be made returnable before a justice When absent or sick on the day of the peace, and, at the time appointed for the trial, he shall be absent, or of trial, may try cause after his confined to his home by sickness, the plaintiff may at any time within seven return, &c. days thereafter leave with him, or if he still be absent or sick, at his office, a written request to try said cause; and thereupon he shall try it within twenty days after he returns or becomes able; but before proceeding to such trial, he shall issue a written notice to the defendant, specifying the time and place appointed therefor, which the plaintiff shall cause to be served upon the defendant at least six days prior to such time; and at the time named in said notice, said justice may try said cause in the same manner as he might have done at the time named in the original process. 1854. SEC. 9. When any justice of the peace before whom a suit may be pendIn case of death,. another justicc igo' shall die before final judgment, any other justice of the peace in the may issue citation and try the same town, qualified to judge between the parties, upon application of the suit. plaintiff, shall take the files and records pertaining to such cause, and proceed thereon in the same manner as if it had been originally brought before him; and shall cite the adverse party to appear before him at a time and place specified, to answer to said suit, which citation shall be served at least six days before said time; and if such adverse party shall fail to appear at the time and place so specified, judgment may be rendered against him by default. 1851. SEC. 10.'When any justice of the peace shall not be re-elected all proPowers of justices, when not cesses, suits and matters, which shall have been begun by, or brought before re-elected. him, before the expiration of his term of office, may be proceeded with by him in the same manner as if he were still in office. 1859. SEC. 11. When a justice of the peace shall be disqualified, or unable or When justice disqualified, unwilling to try any civil action pending before him, the parties thereto may, parties may designate another. by agreement, indorsed upon the writ and signed by them, or their attor* The records of a justice's court import verity, as much as those of the County and Superior Courts. 12 Conn., 491. In recording his judgment he acts as a ministerial officer, and may be compelled by nzanedamus to make a true record. 38 Conn., 105. In a writ before a justice's court, the day and hour of appearance should be designated, and defendant should wait until the expiration of the hour; after which, judgment rendered against him, without further notice, is erroneous. 16 Conn., 39. Powers of a justice are co-extensive with the county. 3 Conn., 109; 30 Conn., 581. Chap. 2.] COMMON PLEAS AND DISTRICT COURT. 37 neys, designate any other justice of the peace of the town where either party resides, who may try it, render judgment, and issue execution. SEC. 12. A justice of the' peace before whom any civil action is pending Trial may be by agreement bemay, by agreement of the parties thereto, indorsed upon the writ, and signed lore the time. by them or their attorneys, try it, render judgment, and issue execution, at such time after the return of said writ, and previous to the time therein designated as the day of trial, as may be agreed upon by said parties. CHAPTER II. Court of Common Pleas, and District Court. SECTION SECTION 1. Orgafiization. 12. Judges to make assignments for trial. 2. Times and places of holding Common 13. What attendance taxed in District Court. Pleas. 14. Jury, when to be summoned, and number 3. Messenger and accommodations for Stam- of jury terms. ford adjourned terms. 15. What officers to attend court. 4. Times and places of holding District 16. Temporary appointment of officers to atCourt. tend. 5. Practice and rules. 17. When a judge of Superior Court may act 6. Clerks and assistant clerks, how appoint- in Common Pleas. ed, &c. 18. Who may act when judge is disqualified. 7. When pleadings to be closed. 19. Vacancy in office of judge of District 8. Causes, when to be entered on jury dock- Court, how filled. et. 20. Court rooms for District Court, how pro9. Causes in C ommon Pleas, when to be vided. tried. 21. Jurisdiction of City Courts not to be af10. When tried in New London County. fected. 11. Causes where tried in the District Court. SEC. 1. There shall be a Court of Common Pleas to be held in each of is69. 1s70. 1872. 1873. the counties of Hartford, New Haven, New London and Fairfield, by a Organization. judge residing in the county in which such court is held; and a court in a Judicial District in Litchfield county, to be designated the District Court of Litchfield county, to be held by a judge residing in said district, which is constituted of the towns of Barkhamsted, Bridgewater, Canaan, Colebrook,'Cornwall, Kent, New Hartford, New Milford, Norfolk, North Canaan, Roxbury, Salisbury, Sharon, and Winchester. SEC. 2. The Court of Common Pleas shall be held at the following times Times and places of holdand places: lng Common In Hartford county, at Hartford, and in New Haven county, at New Pleas.1S89. Haven, on the first Monday of every month, except July and August. Ncrw tIven In New London county, at Norwich, on the first Tuesdays of February coies 13. and October, ad at NNew London and the court in said county may adjourn any term, from one of said places to the other. In Fairfield county, at Danbury, on the first Mondays of January, Febru- Is0O. 1S74. Fairfield counary, May, and October; and at Bridgeport, on the first Monday of March, ty. on the first Tuesday of April, and on the first Mondays of June, September, November, and December; and said court shall hold an adjourned term at Stamford, on the second Mondays of May and December, for the trial of court cases only, and at such other times as the judge of said court may order; and the court in said county may adjourn any term thereof holden 38. COURTS. [Title 4. at Bridgeport or Danbury from one place to the other, after a session of two weeks, excepting the May and December terms thereof. 1874. SEC. 3. The judge, holding said adjourned term at Stamford, may apMessenger and accommoda- point a messenger therefor; and the County Commissioners of said county tions for Stam- ford adjourned shall, at its expense, provide a suitable place for holding said terms, and furterms. nish it with the necessary accommodations; and the sheriff or a deputy sheriff of said county shall be present at said term. s182. SEC. 4. The District Court shall be held at the following times and Times and places of hold- places: ing District Court. At Winchester, on the first Mondays of January, May, and October; at Canaan, on the first Mondays of March, August, and November; and at New Milford, on the first Tuesday of April, and on the first Mondays of September and December; and said court may adjourn any term thereof from any one of said places to another. 1869. SEC. 5. The course and rules of practice in each of said courts, subject 1870. 1872..Practice and to any necessary modification by rules adopted therein, shall be conformed rules. as nearly as practicable, to those of the Superior Court. Clerks and as- SEC. 6. Each judge of said courts shall appoint a clerk and an assistant sistant clerks, how appointed, clerk therefor, whose powers and duties, in relation to said courts, shall be the same as those pertaining to clerks of the Superior Court. When pleadings SEC. 7. All pleadings in the Court of Common Pleas shall be closed durto be closed. ing the first term to which the cause is brought; and in the District Court, at the first term held at the place where the cause is to be tried, and sooner when ordered by the court for cause. Jury docket. SEC. 8. Causes in said courts, proper to be tried by the jury, may be entered on the jury docket at the first term, and not afterwards, except by consent of the parties, or by order of court for cause shown. 1869. SEC. 9. All causes brought to the Court of Common Pleas, except in 1870. 1871. Causes in Com- New London county, shall be disposed of before the close of the term mon Pleas, when to be next after that to which they are brought, unless continued by special tried. order of court; and no term shall be finally adjourned until the close of the third week thereof. 1871. 187S. SEC. 10. No term of the Court of Common Pleas in New London When tried in New London county shall be finally adjourned, until every cause on the docket thereof is tried, disposed of, or continued by order of court for cause. 1is872. 1873s. SEC. 11. Causes'in the District Court in which the plaintiff resides in Causes, where tried in the Dis- Barlkhamsted, Colebrook, New Hartford, Norfolk or Winchester shall be trct Court. tried at Winchester; causes in which he resides in Bridgewater, Kent, New Milford, or Roxbury shall be tried at New Milford; and causes in which he resides in Canaan, Cornwall, North Canaan, Salisbury, or Sharon shall be tried at Canaan; but any plaintiff residing in either Cornwall, North Canaan, or Salisbury, shall have the right to have his cause tried at either -Winchester or New Milford, if he shall file a notice to that effect with the clerk of said court, on or before the third day of the term to which the action is brought; and any cause in such court may by agreement of the parties thereto, or order of the court, be tried at either of the places designated for holding said court; and all causes, when not otherwise provided in this section, shall be tried at such place as the court shall order. ls69. SEC. 12. The judge of the District Court shall assign for trial, by days, 1870. 18'2. Judgces to mcake the causes on its docket, and the judges of the Court of Common Pleas assignments for trial. Chap. 2.] COMMON PLEAS AND DISTRICT COURT. 39 shall make a like assignment of causes, in the order in which they stand on the docket of said court. SEC. 13. Only three days attendance shall be taxed in the District Court, What8t7tendat any term where such cause is not to be tried by the provisions of this ance taxed in Chapter, unless it be tried or assigned for trial, in accordance with thle preceding section. SEC. 14. The jury in said courts shall be summoned for such time and Is6.9. 1870. 1871. terms as the respective judges thereof shall direct; and there shall not be 1s7. 1is8. Jury, when to less than four terms of the Court of Common Pleas in each of the counties be summoned, and number of of Hartford, New Haven, and Fairfield, nor less than three terms of the jury terms. District Court, annually, for the trial of jury causes, if any such remain for trial on the dockets of said courts; and there shall be as many terms of the Court of Common Pleas therefor, in New London county, as public necessity may require. SEC. 15. The sheriffs of the counties in which Courts of Common Pleas what officers are held, and the sheriff of Litchfield county, or one of his deputies residing in the Judicial District of said county, designated by said sheriff with the assent of the judge of the District Court, shall attend upon the sessions of the respective courts, and perform the same duties and have the same powers therein as in the Superior Court. SEC. 16. When the sheriff- designated to attend upon the sessions of the Temporaly appointmewnt of Court of Common Pleas shall be necessarily absent, he shall, with the con- offlcerstoattend sent of the judge, appoint a deputy sheriff to act in his place; and the court. District Court may require the attendance of other officers, when necessary, who shall receive the same compensation as like officers attending the Superior Court. SEC. 17. When any judge of the Court of Common Pleas shall be iscsg. iso. When a judge of unable to hold any term of the court, he shall notify the Chief Justice, or, in Superior Court may act in Comcase of his inability, the senior judge of the Supreme Court of Errors, who mon Pleas. shall thereupon assign and direct some judge of the Superior Court, or Supreme Court of Errors to hold it. SEC. 18. WVhen any judge of the Court of Common Pleas shall be dis- list. IST1. 1872. 1874. qualified or unable to act in any cause or matter pending before him or AVho may act,: hen judtre is said court, which he may consider as improper to be tried or disposed of disqualifiel. by him or by said court when held by him, he, or in his absence, the clerk thereof, may call in any other judge of said court, or the judge of the District Court of Litchfield county, or any judge, assistant judge, or recorder of any City Court in the county where such Court of Common Pleas is held, to hear and determine such cause; and the judge of the District Court may, for the same reason and purpose call in any judge of the Court of Common Pleas, or the judge of the City Court of the city of'Waterbury. SEC. 19. If any vacancy shall occur in the office of judge of the Dis- 1872. acancy in trict Court, the clerk shall notify the Chief Justice, or, in case of his in- office of judge of District ability, the senior judge of the Supreme Court of Errors, who shall there- Court, how fillupon assign and direct some judge of the Superior Court to hold the term ed. or terms of said District Court until said vacancy shall be filled. SEC. 20. The County Commissioners of Litchfield county shall not Court rooms for District Court, purchase or erect buildings in which the District Court shall be held, how provided. but they shall provide such accommodations as may be necessary and proper therefor, the expense of which shall be paid by the towns, respectively, in which it is appointed to be held; and shall draw orders on each of said 49 COURTS. [Title 4. towns in favor of the clerk of said court, for the expenses which such town is liable to pay; which shall pay the orders drawn on it to said clerk, who shall pay the amounts received by him on such orders to the persons entitled thereto. 1869. 1870. SEC. 21. The provisions of this Chapter shall not affect the jurisdiction Jurisdiction of City Courts not of the several City Courts in the counties in which Courts of Common to be affected. Pleas are established. CHAPTER III. Superior Court. SECTION SECTION 1. Establishment and jurisdiction. 17. Court may fix time for filing pleas. 2. Jurisdiction in equity. 18. Special Superior Court. 3. May grant petitions for change of name. 19. Same after adjournment of Supreme Court. 4. Times and places of holding. 20. Special term, how ordered. 5. Adjournment to other half shire town. 21. What a judge holding special term may try. 6. Adjournment of criminal term in Fairfield 22. Special term ordered by a single judge may county to other half shire town. try cases by consent. One judge may 7. Continuances in Hartford county, and trials take another's place. at July term. 23. Special terms, on request of the bar. 8. How cases brought, &c., in New Haven 24. May adjourn a session, when and how county. long. 9. Conditions for holding terms at Waterbury. 25. Term not to be discontinued for absence 10. Sheriff to provide accommodations in Fair- of judge. field county. 26. Vacancies or absence, how supplied. 11. Annual meeting and assignment of judges. 27. Causes, how assigned for trial. 12. Appointment and removal of States' At- 28. Appointment of Superior Court commistorneys. sioners. 13. Special Attorney appointed, when. 29. Admission of attorneys. 14. Appointment and removal of clerks. 30. Clerks to have custody of records of Coun15. Special meetings of judges, how called. ty Court, &c. 16. Judges to adopt rules for the courts. 1711. 1870. SEC. 1. There shall be a Superior Court which, including the judges of Establishment and jurisdic- the Supreme Court of Errors, shall consist of eleven judges, and shall tion. have cognizance of all causes, which shall be brought before it according to law, and may try the -same, and proceed therein to judgment and execution. 1778. 1784. SEC. 2. The Superior Court shall have jurisdiction of all suits in equity, Jurisdiction in equity. which are not within the sole jurisdiction of other courts, and may inquire into the facts itself or by a committee, and proceed therein to final sentence and decree, and enforce the same according to the rules of equity; and all suits for relief in equity against any judgment rendered, or cause depending in the Superior Court, shall be brought to said court.* 1851. SEC. 3. The Superior Court in each county shall have jurisdiction of all May grant petitions for change petitions, praying for a change of name, brought by any person residing in of name. the county, and may change the name of the petitioner, who shall thereafter be known and called by such name as said court shall in its decree appoint. Times and pla- SEC. 4. Terms of said court shall be held annually, by one of the ces of holding. judges thereof, at the following times and places: Hartford coun- In Hartford county, at Hartford on the second Tuesday of March, on ty, civil terms. the first Tuesday of July, on the fourth Tuesday of September, and on the * This section is broad enough to authorize issue of commissions to ascertain lost boundaries. 31 Conn.,. 433. Chap. 3.] SUPERIOR COURT. 41 third Tuesday of December, for the trial of civil causes only; and on the first Tuesday of March, on the fourth Tuesday of August, and on the first Crimi1lctrms. Tuesday of December, for the exclusive transaction of criminal business. In New Haven county, at Waterbury on the first Tuesday of February, New Haven county, civil at New Haven on the first Tuesday of March, and on the second Tues- tem ivs. day of May, at WVaterbury on the first Tuesday of June, at New Haven on the first Tuesday of September, on the second Tuesday of October, and on the third Tuesday of December, which terms shall be for the trial of civil causes only; and, at New Haven on the first Tuesdays of January, April, July and October, for the exclusive transaction of criminal 18rm72. Criminal terms. business. In New London county, at New London on the third Tuesday of New London county. January, at Norwich on the last Tuesday of March, at New London on the second Tuesday of September, and at Norwich on the third Tuesday of November. In Fairfield county, at Bridgeport on the first Tuesday of March, at Fairfield counDanbury on the fourth Tuesday of August, and on the third Tuesday of il terms. October, and at Bridgeport on the second Tuesday of December, which terms shall be for the trial of civil causes only; and at Bridgeport on the third Tuesday of February, at Danbury. on the first Tuesday of June, and 1869c Criminal terms. at Bridgeport on the fourth Tuesday of August, and on the third Tuesday of October, for the transaction of criminal business, and the trial of such civil causes as may be transferred thereto, by order of court. In Windham county, at Brooklyn on the first Tuesday of January, on Windham counthe third Tuesday of April, on the fourth Tuesday of August, and on the ty. first Tuesday of November. In Litchfield county, at Litchfield on the fourth Tuesday of January, on Litchfield counthe second Tuesday of April, on the third Tuesday of September, and on ty. the first Tuesday of November. In Middlesex county, at Middletown on the first Tuesday of February, MRiddlesex at Haddam on the second Tuesdays of April and October, and at Middle- countY. town on the first Tuesday of December; and at Middletown and Haddam, 1874. alternately, on the third Tuesday of July, for the transaction of criminal business only, beginning at Middletown in 1875. In Tolland county, at Tolland on the first Tuesday of February, on the Tolland county. second Tuesday of April, and on the first Tuesdays of September and December. SEC. 5. In any county in which said court is held at more than one 185s. 1871. Adjournment to place it may adjourn, at its discretion, from one of said places to another, other half shire town. and there try any cause standing in the court docket; but no adjournment of a term appointed to be held at Haddam, in Middlesex county, shall be made to Middletown, until the causes pending in said court, and arising in the southern part of said county, shall be disposed of, for the term, if such adjournment be objected to by any party to any such cause. SEC. 6. The Superior Court in Fairfield county, at a term held for the 1871. Adjournment of trial of criminal causes, may adjourn its session from the place where such criminal term in Fairfield county term is appointed to be held to the other place in said county designated for to other half shire. holding said court. SEC. 7. All civil causes in the Superior Court for Hartford county, not s1856. ls5. Continuances in finally disposed of at any March term, shall be continued to its next Sep- Hartford county and trials at termber term; but when both parties to any cause, upon the court docket in July term. 42 COURTS. [Title 4. said county, which may have been continued from the Marca to the September term, shall agree to try it at the intervening July term, it may be entered upon the docket of the July term, and proceeded with as if it had been continued to said term. 157s2. 1874. SEC. 8. All civil actions and appeals brought to the Superior Court in HIow cases brought, &c., in New Haven county may be brought to the next term, to be held either at New Haven county. New Haven or Waterbury, as the plaintiff elects; and causes pending in the court held at either place may, with the consent of the parties, be transferred to the court next to be held at the other. Conditions for SEC. 9. No term_ of the Superior Court shall be held at WVaterbury, holding terms at Waterbury. unless the town and city of Waterbury shall furnish convenient accommodations for holding it, without expense to New Haven county. 1869. SEC. 10. The sheriff of Fairfield county shall, when necessary, provide Sheriff to provide accommo- suitable rooms in which the Superior Court may be held, and the expense d(ations in Fairfield connty. thereof shall be taxed and allowed by the court. 1846. SEC. 11. The judges of the Superior Court shall meet at the court 1849. 1855. 1859. 1860. room in Hartford on the last Tuesday of June in each year; and the Annual meeting of judges. Chief Justice shall preside at said meeting, and six of said judges shall constitute a quorum for the transaction of business. Said meeting, or, in Assignment of case of a disagreement, the presiding judge, shall assign the judges to hold the several terms of the Superior Court for the ensuing year; and no judge shall be assigned to hold two successive terms in the same county, except where one is a criminal and the other a civil term; but a judge shall not be 1872. disqualified from holding any term by reason of his having held the pre. ceding term, in whole or in part, in the place of the judge so assigned to hold it, nor by reason of his having held any special term of the court, in the 1855. same county; nor shall any judge be disqualified from holding a part of a term, or a special term of the court in the same county, by reason of his having held a preceding term. 1855. 1856. SEC. 12. Said judges, at said meeting, shall also appoint a State's Attorney Appointment and removal of in each county, who shall act therein as Attorney in behalf of the State, and State's Attorney. shall hold office for two years, unless sooner removed by said judges, who may remove him and fill any vacancy in said office; and any judge holding said court in any county may temporarily fill any such vacancy for such county until such appointment is made; but every such Attorney, before entering on the duties of his office, shall be sworn, and give a bond, with surety, to the State; of three thousand dollars, conditioned that he shall annually account for, and pay over according to law, all moneys belonging to the State which he may receive as such Attorney; and if he shall neglect to render such account or pay over such money, his office shall become vacant, and the Chief Justice or presiding judge of the Supreme Court of Errors, on a certificate from the Controller of such neglect, shall appoint another Attorney in his place, who shall hold office until the next annual meeting of the judges, unless sooner removed by them. Special Attor- SEC. 13. When the State's Attorney shall be absent, or disqualified to act ney appointed, when. in any cause wherein the State is a party, pending before the Superior Court, it may appoint a special Attorney for the prosecution of such cause; and, on application of the State's Attorney, may appoint an Assistant State's Attorney to aid in the prosecution of any cause before the court. SEC. 14. The judges, at their annual meeting, shall appoint a clerk and one or more assistant clerks of the Superior Court for each county for the Chap. 3.] SUPERIOR COURT. 43 year ensuing, and may remove them at any meeting, and fill any vacancy isu5. which may occur; and any judge of the Superior Court may fill any vacancy Appointnlmcnt and removal of in the office of such assistant clerk in any county, and the person appointed clerks. by him shall hold office until the next annual meeting of the judges, unless sooner removed by them at a special meeting; and assistant clerks shall have the same powers and duties as clerks of said court, subject to the direction of said clerks. SEC. 15. The Chief Justice, or presiding judge of the Supreme Court of Speci Special meetErrors, may call a meeting of the judges of the Superior Court, at such time iuo~, of judges, h~v called. and place as he may deem proper, and when convened, they may transact any business that might be done at the annual meeting. SEC. 16. The judges, at their meetings, shall make all necessary and 1855. 1s59. Jud-es to adopt proper rules for proceedings in the Superior Court; and shall make, and rules forthe courts. the court shall enforce, such rules as shall promote dispatch in its business, which shall be recorded by the clerk in each county, and published in the next succeeding volume of Connecticut Reports, and continue in force, until rescinded or modified.* SEC. 17. The Superior Court may, at any session, order pleas to be entered s106. Court may order and issues closed for trial, in causes in said court which may require a hear- entry of lleas. ing or trial; and may order such pleas to be filed and entered in the office of the clerk of said court, at any time during vacation. SEC. 18. The Chief Justice, or, in his absence from the State, or inability Special Stperito act, any two judges of the Superior Court, may call a special Superior or Court. Court, upon any extraordinary occasion, and designate the judge or judges who shall hold it. SEC. 19. There may be a session of the Superior Court holden in each 1s44. Same after adcounty, immediately after the adjournment of the Supreme Court of Errors journmic(.t of in such county or in the Judicial District in which said county is situated, Supremie Court. by such judge of said Superior Court as-said Supreme Court of Errors shall designate, for the purpose only of rendering judgment, and issuing execution in causes heard and decided by said Supreme Court, during the preceding term. SEC. 20. The Chief Justice, or a majority of the judges of the Superior 1iss. Court, may at any time order a special term of the Superior Court to be weorid'tered. holden in any county, during a regular term of the Superior Court therein, at which any of the criminal causes pending before such regular term may be tried, and any civil cause may be tried, if the parties agree to try it; and such Chief Justice or such judges shall assign the judge who is to hold such special term. SEC. 21. Any judge of the Superior Court may hold a special term of 1sss. WIhat a judge said court in any county during the session of any regular term therein, holdilf sepecial upon the request of the judge assigned to hold it; at which causes standing term may try. in the court docket of said court may be heard and tried, while the judge.who was assigned to hold said regular term is engaged in trying causes in the jury docket. SEC. 22. Any judge of the Superior Court may at any time hold a special 18cia. term of said court, at any placo that he may choose; but shall not, at any Seled by a sinsuch term, try any cause, unless the parties thereto shall consent; and any try caudges by colselt. *See the General Rules of Practice published in 18 Conn., 561-579. Construction of old rule, requiring attorney for defendant to state whether there was defence or not. 3 Day, 495. 44 COURTS. [Title 4. judge may hold any term or part of a term to which any other judge had been assigned, when he shall be unable to hold or complete it; and any One udgete may judge may try any cause, during a term holden by any other judge, when place. the judge holding it is disqualified, or shall decline to try it. 1867. SEC. 23. When the bar of any county, at a meeting held upon any motion Special terms, on request of day, or of which general notice has been given, shall vote to request that the bar. an adjourned or special term of the Superior Court be held in the county on a day named, and shall make application to the Chief Justice therefor, he shall assign some judge of the Supreme Court of Errors, or of the Superior Court to hold it, and the judge so assigned shall hold said term. 1859. SEC. 24. The Superior Court, in any county, shall, when the state of the May adjourn a session, when business shall require it, adjourn any session thereof from time to time, as and how long. shall be deemed expedient. 1S67. SEC. 25. No term of the Superior Court shall be adjourned or discon.. Term not to be discontinued for tinued by reason of the absence of the judge assigned to hold it; and if no absence of the judge. judge appears, on the first day of any regular term, the sheriff of the county in which it may be held shall adjourn the court, from day to day, until a judge shall attend; and when any judge, who has been assigned to hold any term of said court, shall be unable to hold or continue it for such a period as the business may require, he shall notify the Chief Justice of such inability, who shall forthwith assign and direct some other judge to hold or continue such term, who shall hold it accordingly. 1855. SEC. 26. If any vacancy shall occur in the office of any judge of the Vacancies or absence, how Superior Court, during the recess of the General Assembly, or, if any judge supplied. of said court shall be disabled from performing any duty, any other judge of the Superior Court may perform the duties of such judge, during such vacancy or disability. 1867. 1869. SEC. 27. The assignment of causes for trial shall be made by the court; Causes, how assigned for trial. and when, at the commencement or during the progress of a term, the judge holding it shall find that a sufficient number of causes is not assigned and prepared for trial, he shall take up the causes in the order in which they stand on the docket, and proceed to a disposition of them. 15s5. SEC. 28. The Superior Court, in any county, may appoint any number of Appointment of Commissioners persons in such county to be Commissioners of the Superior Court, who, of the Superior when sworn, may, in such county, sign writs and subpcenas, take recognizances, administer oaths, and take depositions and the acknowledgment of deeds, and shall hold office for two years from their appointment, unless sooner removed by the court for cause. Admission of $EC. 29. The Superior Court may admit, and cause to be sworn as attorattorneys. neys, such persons as are qualified therefor, agreeably to the rules established by the judges of said court; and no other person than an attorney, so admitted, shall plead at the bar of any court of this State, except in his own cause; and said judges may establish rules relative to the admission, qualifications, practice, and removal of attorneys.'* 1855. 1857. SEC. 30. The clerk of the Superior Court, in. each county, shall Clerks to have custody of rec- have the custody of the records of the former County Courts, may issue ords of County Court, &c. executions on judgments rendered therein, certify to copies of the records thereof, and do all other acts in relation to the files and records of ~ Employment of attorney as such does not authorize him to discharge plaintiff's claim. 21 Conn., 245. In suits by him for services, his professional standing, and amount of business, may be inquired into. 40 Conn., 97. Chap. 4.] SUPREME COURT OF ERRORS. 45 said County Courts, which the clerks of said courts could have done; and may, when so directed by the Superior Court of the county where said records are, amend, make up, and complete any record of such County Court, when necessary to supply any omission of a former clerk thereof, in such manner as said Superior Court shall direct. CHAPTER IV. Supreme Court of Errors. SECTION SECTION 1. How constituted. 11. If waiver not accepted, court or judge may 2. Jurisdiction. order execution, &c. 3. Places and times of holding. 12. Who to be clerks. 4. Causes, where tried. 13. To appoint a Reporter, and his duties. 5. Causes tried in another District or county 14. Judgment by agreement of parties. by agreement. 15. Clerks of inferior courts to send clerk a 6. Adjournment when no judge attends. list of causes, &c. Clerk to send like list T. Quorum, how constituted. Judge may not to Chief Justice. revise his own decision. 16. Clerks of other courts to send certified 8. Majority of judges to concur in decision. copies to clerk of Supreme Court. 9. Full court, how constituted in cases of 17. Clerk to notify clerks of other courts of absence, &c. decisions. 10. Waiver of disqualification of judge. 18. Judges to meet to prepare opinions, when. SEC. 1. The Supreme Court of Errors shall consist of one Chief Justice 1861. 1863. How and four associate judges, who shall at the time of their appointment also constituted. be elected judges of the Superior Court. SEC. 2. Said court shall have final and conclusive jurisdiction of all 1806. 1822. Jurisdiction. matters brought before it according to law, and may carry into execution all Jurisdiction. its judgments and decrees, and institute rules of practice for its regulation.* SEC. 3. Terms of said court, for the trial of causes pending therein, shall Places and time of holding. be held annually at the following places and times: In the first Judicial District, which is composed of Hartford, Tolland and 166. 1868 1870. 1874. Middlesex counties, at Hartford on the fourth Tuesday of February, and First Judicial the second Tuesday of September. In the second Judicial District, which is composed of New London and 1866. 1868s Second Judicial Windham counties, at Norwich on the second Tuesday of March, and the District. fourth Tuesday of October; provided that said District shall remain the third Judicial District until the second Tuesday of March, 1875. In New Haven county, at New Haven on the first Tuesday of April, and N8,68. ls 2 the second Tuesday of November. county. In Fairfield county, at Bridgeport on the last Tuesday of January and ifel86. 1871. the second Tuesday of October; and ty. In Litchfield county, at Litchfield on the second Tuesday of June. Litchfield county. SEC. 4. Every cause brought to said court shall be tried in the Judicial 1866. Causes, where District or county in which it was originally entered and tried, or where the tried. judgment complained of was rendered, unless the parties agree to try it in * Jurisdiction of Supreme Court of Errors confined to causes and matters which have been regularly before the court below. 8 Conn., 165; 15 Conn., 341. 31ay review decision of Superior Court on habeas corpus. 33 Conn., 321. Supreme Court of Errors will not generally reconsider questions of law. 26 Conn., 110. It is a court of law only, and will not find or infer facts. 7 Conn., 1. 2T Conn., 274. 29 Conn., 496. 34 Conn., 169. 35 Conn.. 469. 38 Conn., 479. No jurisdiction of motion for new trial, unless completed and allowed according to law. 9 Conn., 112. 6 46 COURTS. [Title 4. some other Judicial District or county, as hereinafter provided; and those causes which shall be required to be tried before said court at any term, in a' different county than that in which they were originally entered and tried, or in which the judgment complained of was rendered, shall, in respect to the time and order of trial, be entitled to priority over causes pending at the same term, which arose in the county in which said term is held. Causes tried in SEC. 5. When the parties in any cause pending before said court, or another District or county by their attorneys, shall sign and file an agreement with the clerk of the court agreement. of the county in which it is pending, that said cause may be tried by said court, during its session in some other Judicial District or county, it may be tried there; and the decision, being by the Chief Justice or presiding judge certified to such clerk, he shall enter up judgment as if it had been tried and decided in the Judicial District in which said county is situated, or in the county in which such cause is pending. Adjournment SEC. 6. When none of the judges of said court shall attend on the when no judge attends. day and at the place designated for holding a term of said court, the sheriff of the county, in which said term is required to be held, may adjourn it from day to day, until one or more judges shall attend; and such judge or judges as shall attend may adjourn said court, from day to day, until a quorum shall be present, or may continue the causes there pending, and adjourn said court without day; and if none of the judges attend within twenty-four hours after the time appointed for holding said term, the sheriff shall continue said causes, and adjourn said court. 1858. 1S59. SEC. 7. Any three of said judges shall constitute a quorum for the trans. Q uorim, how constituted. action of business. WVhen more than two of the judges of said court shall be disqualified, or disabled, or decline to act in any matter before it, the remaining judges may call to their assistance such of the judges of the Superior Court as may be necessary to constitute a quorum, who shall constitute the court for the trial of such matter; and when all the judges of the Supreme Court of Errors shall be disqualified or disabled, or shall decline to try any cause pending before it, the same may be tried by any three judges of the Superior Court, who shall constitute the court for its trial, and shall be designated by the Chief Justice, or presiding judge of the Supreme Court of Errors, who shall order the time for the convening of said judges; and the clerk of the court before which said cause may be Judge may not pending, shall notify such judges thereof; but no judge shall sit to revise a revise his own lecision. decision which he has made on the circuit.* 1867. SEC. 8. No ruling, judgment or decree of any court shall be reversed by AMajority of judces to con- the Supreme Court of Errors, unless a majority of the judges hearing the curin decisions. cause shall concur in the decision; but causes reserved, where no verdict has been rendered, judgment given, or decree passed, if the judges hearing it shall be equally divided, shall be determined by the casting vote of the Chief Justice. 1867. SEC. 9. The parties, respectively, shall in all cases have a right to be Full court, how constituted in heard by a full court; and if any judge is absent, and such right is claimed, case of absence,.r disqualifica- or disqualified, and the disqualification is not waived in the manner prescribed in the succeeding section, the Chief Justice, and, in case of his absence or disqualification, the senior judge present and qualified may summon one or more of the judges of the Superior Court to constitute a * See 38 Conn., 449, as to judges defacto and de jure. Chap. 4.] SUPREME COURT OF ERRORS. 47 full court, who shall attend and act as judges of the Supreme Court of Errors for the time being.* SEC. 10. When the ruling, judgment or decree of any judge or court s1860. Waiver of discannot be considered, revised or reversed by the Supreme Court of Errors, qualification of by reason of the disqualification of any judge, the party in whose favor such ruling', judgment or decree is made or rendered, may file with the clerk of the court below his written waiver of the disqualification of so many of the judges of the Supreme Court of Errors or Superior Court by name, as will, inclusive of those not so disqualified or disabled, constitute a tribunal of at least three, who shall form the Supreme Court of Errors in that case. SEC. 11. If within twenty-four hours after the filing of such waiver in If waivernotaccptcd, court or term time, or after notice to the adverse party or his attorney in vacation, juel'de may order execution to the party complaining shall not also file with the clerk his written assent to issue. said waiver, the judge or the court below shall, irrespective of any disqualification of the judge holding the same, if then in session, and if not, then at a subsequent term, on motion of the party in interest, discharge the rule and direct the execution, if any, to be issued, and, if the judgment is for debt or damages, with interest after the rendition of the judgment added to the amount as if no exception had been taken, or the case had not been reserved for the advice of the Supreme Court of Errors, or said court may order the ruling or decree to be entered up or enforced. SEc. 12. Each clerk of the Superior Court, in his county, shall be clerk Who 1SG6. of the Supreme Court of Errors for said county. clerks. SEC. 13. The Supreme Court of Errors shall, from time to time, appoint 1s1.1. AsK. To appoint a Rea Reporter of its judicial decisions, who shall cause all volumes of the porter, and his reports of such decisions, published by him, to be stereotyped at his own expense; but the plates thereof shall be the property of the State, subject to his right to use them for printing copies. SEC. 14. When the parties in any cause pending before said court 18-5. Judgment by or their attorneys, shall sign and file with the clerk an agreement, as to the agreement of judgment which shall be rendered therein, he may enter up judgment in p said cause, upon the written order of the Chief Justice or presiding judge of said court. SEC. 15. The clerks of the several courts, other than the Superior Court, 1874. Clerks of inferiwhose rulings, judgments and decrees, may be revised by the Supreme Court orcourtstosend clerk a list of of Errors, shall, at the close of each term of their respective courts, transmit to causes taken to the clerk of the Superior Court, in their respective counties, a list of the causes Supreme Court. entered in said courts and pending for trial before said Supreme Court of Errors at its next term, with the names of the attorneys of record in each cause; and such clerk of said Superior Court shall, within one week after the close of the Clerk 1855.end Clerk to send term of the Superior Court in such county next preceding a term of the Su- like list to Chief Justice. preme Court of Errors therein, or in the Judicial District in which such county is, transmit to the Chief Justice a copy of such list, with a like list of causes entered in said Superior Court, and such other information, in regard to the number of trials expected to be had at such term, as he may possess. SEC. 16. The clerks of the courts mentioned in the preceding section, Is74. Clerks of other and the clerks of the Superior Court in a county in which no Supreme Court courts to send certified copies of Errors is appointed to be held, shall, at least two weeks prior to the time to clerks of Sudesignated for each term of such court, transmit to the clerk of the Superior preme Court. * See note to section T. 48 COURTS. [Title 4. Court of the county in which it is to be held certified copies of the records and proceedings in each cause, entered in such courts and brought before the next Supreme Court of Errors. Clerks to notify SEC. 17. The clerk of the Supreme Court of Errors, in the county in clerks of other courts of deci- which the same may be holden, shall, immediately after the determination of any cause pending in said court, and entered in any other court, transmit to the clerk of such other court a notice of such determination, who shall forthwith give notice thereof to the judge of such court. 1858. SEC. 18. The acting judges of the Supreme Court of Errors shall meet, Judges to meet to prepare opin- on or before the first Tuesdays of February and September in each year, ions, when. at such place as shall be previously designated by them for that purpose, and prepare their opinions in the causes decided by them, at the terms of said court, next previously holden, and deliver such opinions to the Reporter for his use in reporting such causes. CHAPTER V. Probate Courts. SCI~crIoN SECTION 1. Organization. 24. Real estate of minor married women, how 2. Districts constituted. sold. 3. Courts where holden. 25. Petitions, where preferred. 4. When judge may call in assistance. 26. When guardian or conservator may mort5. What shall disqualify a judgfe. gage estate of ward. 6. Judge not to act when counsel, &c. 27. Transfer of personal property to guardian'. Order by disqualified judge good unless in another State. appealed from. 28. Proceedings necessary to authorize trans8. When and how judge of an adjoining dis- fer. trict shall be cited to act. 29. Contracts of deceased persons, how to be 9. Judge cited may issue order in his own executed. district, when. 30. Judges to provide record books. 10. When judge may change an exparte order. 31. Probate districts to be provided with safes 11. Right of appeal. or vaults. 12. Appeal, when to be taken. 32. Proceedings to procure such safes. 13. When to be taken by minors, non-resi- 33. Expenses, how defrayed. dents, and absentees. Time may be 34. Expenses, how collected. shortened by giving written notice. 35. Abolition of Probate districts. Appeal from order of disqualified judge. 36. Examination of principal in Probate bond 14. Notice of appeal, how given. on request of surety. 15. Persons executing order of Court of Pro- 37. Application by surety on Probate bond for bate to make returns. relief from further liability. 16. Courts of Probate may make orders of no- 35. Enforcing surrender of estate to the new tice. appointee. 17. Wife of an insane man, how to convey 39. Guardians, trustees, and conservators to real estate. render annual accounts. 18. Minors' real estate, how sold. 40. Funds of a minor, how disposed of. 19. Where application must be made. 41. Probate bonds defined, and to whom 20. Avails of estate sold may be paid to guar- taken. dian. 42. Court may require further bond. 21. Timber and trees may be sold. 43. Bonds, where filed. 22. When land held in trust may be sold. 44. Suits on bonds, how brought. 23. Notice, how given. 1716. SEC. 1. There shall be a Court of Probate in each Probate district, held 1719. 1750. Courts of Pro- by one judge, elected for that purpose, whose term of office shall commence bate organized. Chap. 5.] PROBATE COURTS. 49 on the fourth day of July succeeding his election; and each Court of Probate shall have a clerk, appointed by it, and sworn to that.office.* SEC. 2. The several Probate districts shall be as follows: Districts constituted. The towns of Hartford, Bloomfield, East Hartford, Glastonbury, New- 1716. Hartford. ington, Rocky Hill, West Hartford, Wethersfield, and Windsor Locks, shall be one district, by the name of the district of Hartford. The town of Avon shall be one district, by the name of the district of Avon. Avon. The towns of Berlin and New Britain shall be one district, by the name Berli1824. of the district of Berlin. The town of Bristol shall be one district, by the name of the district of Bristo30. Bristol. The town of Burlington shall be one district, by the name of the district 1834. Burlington. of Burlington. The town of Canton shall be one district, by the name of the district of ca 1to841 Canton. The town of East Granby shall be one district, by the name of the dis- s185. East Granby. trict of East Granby. The towns of East'Windsor and South Windsor shall be one district, by 1782. East WiAindsor. the name of the district of East Windsor. The town of Enfield shall be one district, by the name of the district of E 1fiel731. Enfield. The towns of Farmington and Plainville shall be one district, by the name 1769. Farmington. of the district of Farmington. The town of Granby shall be one district, by the name of the district of a1807. Granby. Granby. The town of Hartland shall be one district, by the name of the district of 1art8lL36. Hartland. The town of Manchester shall be one district, blr the name of the district 50anc.ler of Manchester. The town of Marlborough shall be one district, by the name of the dis- 1546. M-arlborouhl trict of Marlborough. The town of Simsbury shall be one district, by the name of the district of 176si.Simsbury. Simsbury. The town of Southington shall be one district, by the name of the district 1S25. Southington. of Southington. t The town of Suffield shall be one district, by the name of the district of Suffle81 Suffield. * In the earliest period of our government, these powers were vested in the " particular court." In May, 1666, they were transferred to the several County Courts, and in October, 1698, to the respective judges with two justices of the quoruon. In May, 1716, Courts of Probate were required to be holden by one judge, with a clerk in each county. The first Probate districts less than a county were formed in October, 1719. Clerk retains his office until he resigns, is removed, or superseded. 26 Conn., 416. Probate decrees conclusive until regularly set aside. 1 Day, 170; 3 Day. 318. Cannot be attacked collaterally except for fraud. 35 Conn., 269; 39 Conn., 524. Matter within jurisdiction of Probate Court can only be set, aside by appeal. 24 Conn., 241. No presumption of law to sustain its decrees. 31 Conn., 381. Records must show an explicit finding of all necessary jurisdictional facts. Ibid. Courts of Probate stand on same ground as common law courts as to conclusiveness of their judgments in matters within theirjurisdiction. 31 Conn., 417. Bnt their records are not conclusive upon jurisdictional facts, and may be inquired into. 26 Conn., 273. The entire settlement of estates belongs to Courts of Probate. 7 Conn., 315; 8 Conn., 278; 9 Conn., 182; 10 Conn., 121; 24 Conn., 241; Court of Probate only tribunal to decide due execution of a will; 23 Conn., 1; and to settle executors account. 36 Conn., 292. No power to try question of title. 35 Conn., 113; nor to decree forfeiture under conditions of a will. Id., 210. Power as a court of equity, 36 Conn., 186; 37 Conn., 185; (overruling, 10 Conn., 232, and'7 Conn., 241.) 50 COURTS. [Title 4. 1855. The town of Windsor shall be one district,by the name of the district of Windsor. Windsor. Ne H16ven. The towns of New Haven, I-Iamden, North Haven, Orange, Seymour, and New Haven. WVoodbridge, shall be one district, by the name of the district of New Haven. 185;4. The town of Bethany shall be one district, by the name of the district of Bethany. 1850. The town of Branford shall be one district, by the name of the district of Branford. Branford. 1529. The towns of Cheshire and Prospect shall be one district, by the name of Cheshire. the district of Cheshire. 1558. The town of Derby shall be one district, by the name of the district of Derby. Derby. 186. The town of East Haven shall be one district, by the name of the district East Haven. of East Haven. 1719. The towns of Guilford and North Branford, except the society of NorthwGuilforcd. ford, shall be one district, by the name of the district of Guilford. 1S26. The town of Madison shall be one district, by the name' of the district of Madison. Mladisoh. 1836. The town of Meriden shall be one district, by the name of the district of Meriden. Meriden. 1832. The town of Milford shall be one district, by the name of the district of Milfor~d. Milford. 1882. The towns of Naugatuck and Beacon Falls shall be one district, by the Naugatuck. name of the district of Naugatuck. 1S46. The town of Oxford shall be one district, by the name of the district of Oxford. Oxford. 17,6. The town of Wallingford, and the society of Northford, in the town of Wallingf'ord. North Branford, shall be one district, by the name of the district of WVallingford. 1 Tvo9. The towns of Waterbury, Middlebury, and -Wolcott, shall be one district, Waterbury. by the name of the district of Waterbury. 1716. The towns of New London and Waterford shall be one district, by the New London. name of the district of New London. 1748. The towns of Norwich, Franklin, Griswold, Lisbon, Preston, and Sprague, Norwich. shall be one district, by the name of the district of Norwich. 1S43. The town of Bozrah shall be one district, by the name of tile district of Eozrah. Bozrah. 1S32. The town of Colchester shall be one district, by the name of the district Colchester. of Colchester. 1843. The town of East Lyme shall be one district, by the name of the district East Lymlle. of East Lyme. 1839. The town of Groton shall be one district, by the name of the district of Groton. Groton. 1826. The town of Lebanon shall be one district, by the name of the district of Lebanon. Lebanon. 1S37. The town of Ledyard shall be one district, by the name of the district of Ledyard. Ledyard. 1830. The town of Lyme shall be one district, by the name of the district of Lyme. Lyme. Chap. 5.] PROBATE COURTS. 51 The town of Montville shall be one district, by the name of the district MoItK of Montville. The town of North Stonington shall be one district, by the name of the 1835. North Stoningdistrict of North Stonington. ton. t The town of Old Lyme shall be one district, by the name of the district 1868. OldLyne. of Old Lyme. The town of Salem shall be one district, by the name of the district of salem184 Salem. The town of Stonington shall be one district, by the name of the district 1766. Stonington. of- Stonington. The towns of Bridgeport, Huntington, Monroe, and Trumbull, shall be 1840. Bridgeport. one district, by the name of the district of Bridgeport. The towns of Danbury and New Fairfield shall be one district, by the 1744. Danbury. name of the district of Danbury. The town of Bethel shall be one district, by the name of the district of Bethel.89. Bethel. The town of Brookfield shall be one district, by the name of the district B 1is.l of Brookfield. The town of Fairfield shall be one district, by the name of the district of Fairiel1(. FFairfield. The town of Greenwich shall be one district, by the name of the district 18a3. Greenwich. of Greenwich. The town of Newtown shall be one district, by the name of the district 1S20. NewtowVn. of Newtown. The towns of Norwalk, New Canaan, and Wilton shall be one district, by 1S02. Norwalk. the name of the district of Norwalk. The town of Reading shall be one district, by the name of the district of 1839. R Reading. Reading. The town of Ridgefield shall be one district, by the name of the district 1841. Ridgefield. of Ridgefield. The town of Sherman shall be one district, by the name of the district of 1846. Sherman. Sherman. The towns of Stamford' and Darien shall be one district, by the name of 17St. the district of Stamford. The town of Stratford shall be one district, by the name of the district of 1t8ato2. Stratford. S The towns of Weston and Easton shall be one district, by the name of i832. Weston. the district of Weston. The town of XWestport shall be one district, by the name of the district 1s83. Westport. of Westport. The towns of WVindham and Scotland shall be one district, by the name 1719. Windham. of the district of WVindham. The town of Ashford shall be one district, by the name of the district of Ash30. AsAshford. Ashford. The town of Brooklyn shall be one district, by the name of the district of 1833. Brooklyn. Brooklyn. * The name of the original district of Stratford was changed to Bridgeport, and its records transferred to the new district, in 1840. 52 COURTS. [Title 4. 1835. The town of Canterbury shall be one district, by the name of the district Canterbury. of Canterbury. 1850. The town of Chaplin shall be one district, by the name of the district of Chaplin. Chaplin. 1849. The town of Eastford shall be one district, by the name of the district of Eastford. Eastford. 1836. The town of Hampton shall be one district, by the name of the district of Hampton. Ha-npton. 18530. The town of Killingly shall be one district, by the name of the district of Killingly. Killingly. 1747. The town of Plainfield shall be one district, by the name of the district Plainfield. of Plainfield. 1752. The town of Pomfret shall be one district, by the name of the district of Pomfret. Pomfret. 1856. The town of Putnam shall be one district, by the name of the district of Putnam. Putnam. 1852. The town of Sterling shall be one district, by the name of the district of Sterling. Sterling. 1832. The town of Thompson shall be one district, by the name of the district Thompson. of Thompson. 1830. The town of Voluntown shall be one district, by the name of the district Voluntown. of Voluntown. 1831. The town of Woodstock shall be one district, by the name of the district Woodstock. of Woodstock. 1742. The towns of Litchfield, Goshen, Morris, and Warren, shall be one dis~itchfieldl. trict, by the name of the district of Litchfield. 1834. The town of Barkhamsted shall be one district, by the name of the disBarkhalmsted. trict of Barkhamsted. 1846. The towns of Canaan and North Canaan shall be one district, by the Canaan. name of the district of Canaan. 1847. The town of Cornwall shall be one district, by the name of the district of Cornwall. Cornwall. 18:35. The town of Harwinton shall be one district, by the name of the district HIarwinton. of Harwinton. 1831. The town of Kent shall be one district, by the name of the district of K(ent. iKent. 1825. The town of New Hartford shall be one district, by the name of the disNew iHartford. trict of New Hartford. 1s87. The towns of New Milford and Bridgewater shall be one district, by the New Milford. name of the district of New Milford. 17l9. The town of Norfolk shall be one district, by the name of the district of Norfolk. Norfolk. 1833. The town of Plymouth shall be one district, by the name of the district Plymouth. of Plymouth. 1842. The town of Roxbury shall be one district, by the name of the district of Roxbury. Roxbury. 1847. The town of Salisbury shall be one district, by the name of the district Salisbury. of Salisbury. 1755. The town of Sharon shall be one district, by the name of the district of Sharon. Sharon. Chap. 5.] PROBATE COURTS. 53 The town of Torrington shall be one district, by the name of the district 1847. Torrington. of Torrington. The town of 5Washington shall be one district, by the name of the district 1832. Washington. of Washington. The' town of Watertown shall be one district, by the name of the district 1834. Watertown. of Watertown. The towns of Winchester and Colebrook shall be one district, by the 183s. Winchester. name of the district of Winchester. The towns of Woodbury, Bethlehem, and Southbury, shall be one dis- 1719. trict, by the name of the district of Woodbury. Woodbury. The towns of Middletown, Cromwell, Durham, and Middlefield, shall be 1752. one district, by the name of the district of Middletown. The towns of Chatham and Portland shall be one district, by the name of 1824. Chatham. the district of Chatham. The town of Clinton shall be one district, by the name of the district of 1861. Clinton. Clinton. The town of East Haddam shall be one district, by the name of the dis- 1741. trict of East Haddam. East Iladdam. The town of Essex shall be one district, by the name of the district of 1859. Essex. The town of Haddam shall be one district, by the name of the district of 18s0. Haddam. addam. Haddam. The town of Killingworth shall be one district, by the name of the dis- 18.4. trict of Killingworth. Iillingworth. The town of Old Saybrook shall be one district, by the name of the dis- 18s3. 1859. trict of Old Saybrook.' Old Saybrool. The towns of Saybrook and Chester shall be one district, by the name of 1780. the district of Saybrook. Saybrook. The town of Westbrook shall be one district, by the name of the district s184. Westbrook. of Westbrook. The towns of Tolland and Willington shall be one district, by the name 1830. Tolland. of the district of Tolland. The towns of Andover, Bolton, and Columbia shall be one district, by 1S81. the name of the district of Andover. Andover. The town of Coventry shall be one district, by the name of the district 1849. Coventry. of Coventry. The towns of Ellington and Vernon shall be one district, by the name of 1826. Ellington. the district of Ellington. The town of Hobron shall be one district, by the name of the district of 179. Hebron. Hebron. The town of Mansfield shall be one district, by the name of the district 18.1. )fansilcld. of Mansfield. The town of Somers shall be one district, by the name of the district of 1834. Somers. Somers. The towns of Stafford and Union shall be one district, by the name of 1759. Stafford. the district of Stafford. * The district was originally formed in 1853, and the name changed to Essex in 1859. 54 COURTS. [Title 4. 1723. SEC. 3. A Court of Probate may be holden by its judge in any town Courts, where lolden. in the district in which he may act. 1716. 1874. SEC. 4. In the determination of any matter pending before any Court of When judge may call assist- Probate, the judge may call to his assistance a judge of the Superior Court, or Court of Common Pleas of the county, or District Court of the Judicial District, in which such Court of Probate is held. 1672. 1874. SEC. 5. When there shall be so near a relationship between any deceased What shall disqualify a judge. person or any legatee, devisee or heir of such deceased person, and a judge of Prob:)atc, as between father and son, or brothers, by nature or marriage, or when any such judge is a necessary witness or interested in any matter brought to or pending in his court, he shall be disqualified to act as judge in the settlement of the estate of said deceased person, or in hearing such matter.' 1856. 1874. SEC. 6. AVhen any judge of Probate shall have been retained or conJudge not to act when counsel, suited as attorney or counsel in any matter, pertaining to the settlement of &c. any estate, he may decline to act as judge in relation to said estate; and he shall be disqualified from so acting, if any person interested shall object thereto, or if he shall act as such counsel; and he may decline to act as such judge, in any matter, if, in his opinion, it would be improper for him so to act;.t 1854. SEC. 7. Every order or decree of a Court of Probate, made by a judge, Order by disqualified judge. who is disqualified, shall be valid unless an appeal be taken therefrom; 1836. s1848. SE. 8. When any judge of Probate shall decline, or be disqualified to 1551. 1874. When and how act as such judge, or shall be unable to discharge his duties, or when the judge of an adjoinlngdistrict office of judge of Probate in any district shall become vacant, the clerk shall be cited to act. of the Court of Probate of the district in which such disqualification, inabiiity or vacancy exists, or if there is no such clerk, a judge of the Superior Court, or of the Court of Common Pleas of the county or District Court of the Judicial District, shall cite and designate the judge of Probate of an adjoining district, who shall execute the office of judge of Probate, and act as such, in the district to which he is so cited and designated, during such disqualification, inability or vacancy, unless it is otherwise specially provided by law. 1859. SEC. 9. Any judge of Probate, designated, cited and qualified to act Judge cited may issue order in a district adjoining his own, may in his own district issue any order, as in his own district, when. acting judge of such adjoining district, which does not require a prior hearing of adverse parties; but any such order shall be recorded in the records of such adjoining district. 18s;9. SEC. 10. Any Court of Probate may modify or revoke any cxccparte order mav chlanre an made by it, before any appeal therefrom; and, if made in reference to the exparte order. settlement of any estate, before the final settlement thereof, upon the written application of any person interested therein, and after notice of the time and place of the hearing thereon appointed by the court, to be given in the manner prescribed by it to the person having charge of such estate, and all other interested parties. 1750. SEC. 11. Any person aggrieved by any order, denial, or decree of a 1850. 1854. Rightof appeal. Court of Probate, in any matter, unless where it is otherwise specially provided by law, may appeal therefrom to the Superior Court in the * Cannot act where estate of which he is administrator is interested. 26 Conn., 8. tNot disqualified unless objection made at the time. 26 Conn., 544. Chap. 5.] PROBATE COURTS. 55 county where such Court of Probate is held; but he shall give bond, with sufficient surety, to the State, to prosecute such appeal to effect.* Sluc. 12. All such appeals by those of full age and present, or who 1609. 1750. Appeal, when to have legal notice to be present, shall be taken only to the next Superior be taken. Court; and if they have no notice to be and are not present, then within eighteen months.t SEC. 13. All appeals by persons who are minors at the time of making 1l. 1699. the order, denial, or decree, appealed from, shall be taken within eighteen When to be taken by mimonths after they shall arrive at full age; and all appeals by persons belong- nors, non-residents, and abing to this State, who shall be absent at the time of making such order, sentees. denial, or decree, and by persons not inhabitants of this State, who are not present at such time, shall be taken within three years thereafter; but persons who are inhabitants of this State, and absent, shall appeal within one year after their return to the State; and ally executor, administrator or trustee of an estate may cause written notice of any order, denial, or decree of Written notice of order may said Court of Probate concerning such estate to be given to any person of shorten time for appeal. full age, who may be aggrieved thereby,' in which case such person may appeal only within thirty days after the reception of such notice by him. No order, denial or decree of a Court of Probate shall be invalid by Appeals from order by disreason of the disqualification of the judge, unless the appeal therefrom lualifiedjudge. be taken within thirty days after the same is made. SEC. 14. The Court of Probate, in allowing an appeal, shall make such 1829. Notice of aporder of notice to persons interested, as it shall deem reasonable, which peal, how given. having been given by the appellant, and proved to the court to which the appeal is taken, it may hear the appeal at the second term, or may order further notice to be given. SEC. 15. When a Court of Probate shall order any person to do any act, 1s33. Persons exeche shall make return to the court, and exhibit satisfactory evidence that the ting orders of Court of Proorder has been complied with; and such court shall cause a record thereof to bate to make be made, which shall be prifma facie evidence of the due execution of said returns. order.~ * See 39 Conn., 254. Interest of appellant should appear in motion for appeal. 4 Day, 137. And on the face of the proceedings. 34 Conn., 201. Extent of appellant's interest, and manner in which it is affected by decree, should appear in assignment of reasons in Superior Court. 20 Conn., 521. Objection that appellants have no interest, should be taken prior to the hearing upon reasons of appeal. 22 Coln., 125. Creditor of insolvent estate has, prizza facie, interest enough to give him right of appeal. 20 Conn., 521. Whether, when executor has inventoried land held under a deed from testator, void as against creditors, grantee has right of appeal from decree allowing claims against the estate. Id. If claim alleged to be book debt, appellant held to rules applicable to that action. 32 Conn., 520. Appeal may be taken from decree allowing administration account. 8 Conn., S7; and from the appointment of a guardian. 39 Conn., 537; and from orders within the discretionary power of the Court. Ibid. Must be to regular term, and cannot be taken after its commencement. 19 Conn.. 1; 24 Conn., 140. Appellant being one of several interested may withdraw appeal. 32 Conn., 331. Bonel to adverse party, void. 9 Conn., 388. Expense of establishing will on appeal, not chargeable on residuary estate, when. 19 Conn., 408. Superior Court, on reversal of decree, may allow costs to appellant. 19 Conn., 534. Where appellee is administrator, and erroneous decree was occasioned by his misconduct, costs will be allowed against him, de bonis 1prop7iis. Ibid. The question whether costs are to be finally paid by the estate or by administrator, is to be decided by appellate court. Ibid. On appeal, Superior Court may tax costs in favor of either or neither party. 22 Conn., 270. Superior Court on appeals acts as a Court of Probate. 39 Conn., 395. Appeal, rather than suit on bond, the appropriate remedy, when. 21 Conn., 237. Superior Court may disaffirm decree of Probate Court, with directions to such court as to further proceedings. 23 Conn., 516. + Presence of interested party, or notice to be present, may be proved by parol. 29 Conn., 561; and not necessary that the record should show that he was present, or notified. Ibid.: This provision as to order of notice by Probate Court is merely directory, and Superior Court has jurisdiction of appeal, though no order be made. 40 Conn., 154. ~ Return of sale of land of a minor by a guardian does not conclude parties interested from investigating his conduct. 33 Conn., 347. 56 COURTS. [Title 4. 1874. SEC. 16. Courts of Probate may make any proper order providing for Courts of Probate may make the notice to be given to any person, residing out of or absent from this State, to whom particular notice of any proceeding before such court is required by law; and the notice given under such'order shall be a legal notice to such person. 1869. SEC. 17. When the wife of an insane man shall desire to make a conveyWife of all insane man; low ance of her interest in any real estate, the Court of Probate for the district to convey real estate. in which she resides may, upon her petition, and after such notice as it may prescribe, authorize her to make such conveyance, as if she were unmarried. 1807. SEC. 18. Courts of Probate may order the sale of the real estate of any Sale of minor's real estate: howl minor, on application of his parent, or guardian, legally appointed in the sold, and application of pro- State in which such minor resides, and empower any proper person to sell ceeds. and convey it, on his giving bond, with surety, to the State, with condition to vest the avails of the estate sold, in other real estate to be conveyed to such minor, to expend the same in his nurture, education, or advancement in marriage, or to invest the same, as trust funds may be lawfully invested, and to render his account to such court, when required, or to the minor when arrived at full age; and the person making such sale shall return his doings, as soon as may be, to such court. Where8a5plica- SEC. 19. If the minor have a guardian appointed in this State, application tion must be shall be made in the district in which such guardian was appointed; but apmade. plications in behalf of a minor having no such guardian, or of minors having guardians appointed in different districts, shall be made in the district in which such estate is situated. 1863. SEC. 20. When such estate has been sold by some person, other than the Avails of estate sold may be paid parent or guardian of such minor, such person may, with the approval of to guardian. the court ordering the sale, transfer the avails of such sale to the guardian of such minor, for his benefit, notwithstanding the conditions of the bond; but the guardian shall give a bond, to the satisfaction of the judge of Probate, containing the same provisions and conditions as the original bond. 1S54. SEc. 21. The Court of Probate may order the sale of any trees growing Timber and trees may be on land of any minor, by proceedings similar to those prescribed in the three sold. preceding sections, when it shall be shown to said court that such sale will be for the advantage of all persons interested in said estate. When land held SEC. 22. When an estate in fee simple has been or shall be devised to a in trust may be sold. minor, and placed, during his minority, in the hands of a trustee, the Court of Probate, in the district where the will by which such devise was made was proved, may, on application of such trustee, order the sale of such estate or any part thereof, when not prohibited by said will, if a sale would, in the opinion of said court, best promote the interests of said minor; and may empower the trustee, or some other person to make such sale. 1807. SEC. 23. The Court of Probate shall cause notice of every application for Notice, how given. the sale of the real estate of a minor to be published in a newspaper, near the place where such real estate is, at least three weeks successively before ordering such sale, and may order any further notice which it deems proper. 1859. SEC. 24. Courts of Probate may order the sale of the real estate of any Real estate of minor married minor married woman, whose husband is of full age, and the mode of the women, how sold. disposition of the avails, upon their joint petition, and upon his giving bond to the State, with surety, with condition to dispose of the avails of such sale agreeably to such order. Chap. 5.] PROBATE COURTS. 57 SEC. 25. Such petitions shall be made to the Probate Court of the dis- Petitions,where preferred. trict in which such minor resides, but if she is not a resident of this State, then to the Probate Court of the district in which the estate or some part thereof is. SEC. 26. The Court of Probate of any district, upon written application, is01867.73. may authorize the guardian or conservator of any ward residing therein to When guardian or conservator mortgage the whole or any part of the real estate of his ward to secure any may mortgage estate of ward. liability of such ward, or to raise money to pay the same or any mortgage upon his estate, or to repair or improve the buildings thereon, or to provide for the necessary support and education of such ward; and a note and mortgage, legally executed by such guardian or conservator as such, shall bind such estate, but such note shall not bind him individually; provided that upon the execution of any such mortgage the guardian, or conservator, shall give bond with sufficient surety to the State, conditioned that he shall properly expend the money raised by said mortgage and account therefor. SEC. 27. When any personal property in:this State belongs to any per- 1854. 1872. Transfer of person residing out of this State, who has a guardian, trustee, committee or sonal property to guardlian, other legal custodian of his estate, appointed under the laws of the place of trustee or committee, in anhis residence, such custodian may apply in writing to the Court of Probate other State. of the district in which the principal part of such estate in this State is, alleging that he has been legally appointed such custodian in the jurisdic. tion in which the person, to whom such estate belongs, resides, that he has given bond and security therein in an amount double the value of all the estate of such person, and that a removal of said estate from this State will not conflict with the terms and limitations by which such person owns it. SEC. 28. If said court shall find such allegations true, and the applicant Proceedings necessary to anshall file in said court, for record, an exemplified copy of the record of the thorizetransfer. court by which he was appointed, it may, after a hearing on such application, upon such notice as it shall order to the person having such estate in his custody, and to the owner thereof, and after due proof that all known debts chargeable against it and contracted in this State have been paid or satisfied, appoint such applicant to be guardian, conservator or trustee of said owner, and authorize the person having such estate in his custody to deliver it to such applicant, who may demand, sue for and recover its and remove it from this State. SEC. 29. Courts of Probate, hating jurisdiction of the settlement of the lss0. Contracts of deestate of any deceased person, may, concurrently with courts of equity, au- ceased persons, how to be exethorize the executor or administrator to convey the title of the deceased in cuted. any real estate to any person entitled to it by virtue of any contract of such deceased person. SEC. 30. Every judge of Probate shall provide suitable record books for 1853. Judges to prohis district; and the expense shall be paid upon his order by the town or videlrecord hooks. towns composing such district, in proportion to their several grand lists last perfected. SEC. 31. Every Probate district, before the twenty-fourth day of July, 1874. Probate dis1875, unless already provided, or within one year from its organization, tricts to be provided with safes shall locate, provide, build or purchase a fire-proof safe or vault, to hold or vaults. all its records and papers. SEC. 32. The County Commissioners of the county in which the major Proceedings to procure such part of any Probate district is, with the selectmen of the towns composing safe or vault. the district, shall meet at the call of said Commissioners at such time and 58 COURTS. [Title 4. place as they may designate, within the district, to consider whether to purchase such a safe, or to locate and construct such a vault, which shall be determined by a major vote of said Commissioners and selectmen. If it is voted to purchase such a safe, or to construct such a vault, said Commissioners shall forthwith procure plans and specifications therefor, and advertise for proposals to furnish such safe or construct such vault, and shall accept the lowest proposal, requiring sufficient bonds for the fulfillment of the contract; and at least fifty per cent. of the contract price shall be withheld, until the completion of the contract to their acceptance. Expenses, how SEC. 33. All expenses incurred under the preceding section, including the fees of said Commissioners, at three dollars a day, and their actual expenses, shall be ascertained and apportioned by them among the several towns, composing the district, in proportion to their grand lists last before completed; and each town treasurer shall pay its proportion to said Commissioners, upon the order of its selectmen. Expenses, how SEC. 34. If the selectmen of any such town shall refuse to draw such collected. order, or if such order is not paid on demand, said Commissioners may apply to the Treasurer of the State for an execution for such proportion, who may issue one or more executions for the collection thereof, to be directed and proceeded with in the same manner as executions issued by him for the collection of the State tax; and when the proceeds are received by him, he shall pay them to said Commissioners. Abolitionof dis. SEC. 35. Any district, not having or providing such a safe or vault, shall, tricts. upon the petition of not less than twenty freeholders residing therein, be abolished by the General Assembly, and annexed to an adjoining district or districts. 1865. SEC. 36. The surety upon any bond taken by any Court of Probate Examination of principal in Pro-'may, at any time, apply to said court for an order requiring the principal bate bond, on request of surety. to exhibit fully before said court the condition of the estate held by him, so that it may be ascertained whether said estate is being properly managed; and thereupon, said court shall cause reasonable notice of said application to be given to said principal, and if, upon the hearing thereon, said court shall find that said application is made by said surety in good Removal of faith, it shall make said order; and if said principal shall refuse to obey principal. said order, or if, upon his obeying it, said court shall find that said estate is not being properly managed by him, it shall remove him and appoint another in his place. 1853. 1s54. SEC. 37. The surety upon any bond taken by any Court of Probate, or 1855. 1869. JApplication by his heirs, executors or administrators, may at any time make written applisurety on Probatebond forre- cation to said court for relief from further liability thereon, and thereupon lief from further liability. said court shall issue a citation to the principal on said bond and all persons directly interested in the estate for the security of which such bond was given, to appear and be heard upon said application, which citation shall be served upon said parties at least twelve days before the time therein set for Order for new said hearing; and if on such hearing it do not appear that to grant such application would prejudice said estate, said court may order such principal to give, within such time as it may limit, a new bond with surety, conditioned Removalofprin- as the original bond, and, if said order be not complied with, may remove cipal for neglect to give new him, and appoint another in his stead; but if such new bond be duly given, bond, the surety on the original bond and his representatives shall not be liable for any breach thereof, thereafter committed. Chap. 6.] GENERAL PROVISIONS. 59 SEC. 38. Any Court of Probate, after the removal of any executor, ad- 1869. 1874. Enforcing surministrator, guardian, cohservator, or trustee, and the appointment of his render of estate to the new successor, may enforce the delivery of any estate, held by the former by appointee. virtue of his original appointment, to his said successor, in the same manner as a court of equity might do. SEC. 39. Courts of Probate shall require all guardians of minors, persons 1843. 1844. 1853. appointed by such courts to sell lands of minors,.trustees, and conservators, Guardians, trustees and annually, to render their accounts, under oath, to the Court of Probate of conservators to their respective districts, for the year next preceding, which shall embrace accounts, &c. an inventory and appraisal of the estate held by them, the amount of income during said year, and the amount paid and for what purpose; but if such court shall find that the estate held by any guardian, or person appointed to sell minors' land, is less than five hundred dollars, he shall only render such account when required by said court. SEC. 40. When it shall appear on the adjustment of the account of any 1848. 1844. Funds of a mlsuch guardian or person, that there is a balance of money belonging to the nor, how disminor in his hands, the Court of Probate shall order him to invest it in the posed of. manner provided in the eighteenth section of this Chapter. SEC. 41. All Probate bonds shall be payable to the State, and shall be 1874. Probate bonds taken for an amount satisfactory to the Court of Probate before which they defined, and to are given, and with one or more sureties, as said court may order, whose sufficiency shall be also approved by.said court, and shall be conditioned for the faithful discharge, by the principal in the bond, of the duties of his appointment according to law.* SEC. 42. Courts of Probate may in any case, for cause, require addi- Court may require further tional bonds to be given, and on neglect of the principal in the bond, or of bond. his executors or administrators to obey such requirement, shall cause the original bond to be sued.t SEC. 43. AiT bonds, taken by a Court of Probate, shall be filed in the 1874. Bonds, where office of such court. filed. SE..' 44. Suits on bonds heretofore taken to any judge of Probate, and s1848. Suits onm bonds, his successors in office, shall be instituted in the name of such judge, or of how brought. his successor, or, in case they cannot be so legally instituted, in the name of the judge of any adjoining district. CHAPTER VI. General Provisions. SECTIOW SECTION 1. Judges, how appointed. 7. Chief Justice, &c., when to have casting 2. How judges may resign. vote. 3. Disqualification of judges. 8. Power of courts over attorneys. 4. Disqualified to try suit brought by partner. 9. When one counsel only will be heard on &c. a side; hour rule, &c. 5. Not disqualified by connection with public 10. Clerks to give bonds. corporation. 11. Duties of clerks. 6. When judge may act by consent of parties. 12. Clerks to complete records. *No defence in suit on Probate bond for not paying claim, allowed by commissioners, that estate has a larger claim against the plaintiff than that allowed. 35 Conn., 584. t New bond by guardian covers money received by him while old bond was in force. 34 Conn., 109. 60 COURTS. [Title 4. SECTION SECTION 13. Clerks may take bonds in vacation. 17. Power to compel witnesses to testify. 14. Courts to have a seal. 18. Jurisdiction of City and Police Courts. 15. Contempt of court. 19. Places for holding courts, how provided. 16. Persons confined by order of court,,when 20. Files and records, where to be kept in New released. I London county. 1821. 1869. SEC. 1. The judges of the Supreme Court of Errors, Superior Court, 1870. 1872. Judges, howap- Court of Common Pleas, and District Court, shall be appointed by the concurrent votes of the Senate and House of Representatives; and the judges of the Supreme Court of Errors and Superior Court shall be chosen by ballot in each house of the General Assembly. 1862. SEC. 2. Any judge may resign his office by leaving with the Governor a Howjudges may resign. written communication, signifying his intention to resign said office, and stating a time when said resignation is to take effect. 1798. 1s21. SEC. 3. When there shall be so near a relationship between any judge, Disqualification of judges. or justice of the peace, and any party in any proceeding in court before him, as between father and son, brothers, or uncle and nephew, by nature or marriage, or landlord and tenant; or when any judge or justice may be liable to contribute to the damages, cost or expenses of any such proceeding, or when he may receive a direct pecuniary benefit by the determination thereof, he shall be disqualified to act, except as hereinafter provided.* 1844. SEC. 4. No judge or justice of the peace shall act as such in any civil 1846. 1855. Disqualified to action in which he or his partner,. clerk or student shall have drawn or try suit brought by partner, &c. filled up the writ or declaration, nor in any criminal matter which shall be brought before him by any grand juror who is a partner with him, nor where the complaint shall have been drawn or filled up by himself, or by his partner, clerk or student. 1871. s184. SEC. 5. No judge or justice of the peace shall be disqualified to act in Not disqualified by connection any proceeding by reason of his being a member of any ecclesiastical corwith public corporation. poration, unless it is a party to the action, nor in any proceeding in which any city, borough or town is a party, or interested, by reason of his being an inhabitant thereof, or liable to taxation therein, or by reasoh of his being related to any tax-payer or inhabitant thereof. 1861. SEc. 6. Yfhen any judge or justice of the peace shall be disqualified to Whenjudgle may act by consent act in any proceeding before him, he may act, by consent of the parties, ini of parties. writing, given thereto in court. 16is2. SEC. 7. The Chief Justice, or the presiding judge for the time being, of 1750. 1867. Chief Justice, every court, when there shall be an equal division of opinion among all the &c., iwhen to have casting judges, including himself, on any question before it, shall have a casting vote. vote, except where it is otherwise specially provided by law; and every person presiding in an arbitration, or any civil proceeding, shall, in the like case, have the same vote. 1826. SSEc. 8. Attorneys, admitted by the Superior Court, shall be attorneys Attorneys to be attorneys of all of all courts, and shall be subject to the rules and orders of the courts becourts, &c. fore which they act, which may fine them for transgressing such rules and *Judge of Probate, uncle to a devisee and heir-at-law, not disqualified. 17 Conn., 542. Disqualification arising from relationship by marriage ceases upon the death of one of the married parties. 12 Conn., 88. Justice of the peace, disqualified when he owns the debt in suit. 12 Conn., 384. This section applies to commissioners on insolvent estates. 9 Conn., 502; ~12 Conn., 139; 13 Conn., 221; and to appraisers of land set off on execution. 13 Coln., 47. Whether relationship to petitioner disqualifies commissioners laying out highway; if so, objection may be waived by matter ii pais. 22 Conn., 178. Chap. 6.] GENERAL PROVISIONS. 61 orders, not exceeding one hundred dollars, for any offence, and may suspend or displace them for just cause.* SEC. 9. In all trials on appeals from justices of the peace, only one h1855. counsel shall be heard on each side, except by special leave of the court; sel only on a side; hour rule, and in no trial before the Superior Court, Court of Common Pleas, or &c. District Court, shall counsel occupy more than one hour in argument, unless the court shall, on motion for special cause, before the commencement of such argument allow a longer time; and in no case shall interlocutory questions, arising during the trial of a cause, be argued by counsel, unless the court shall request it. SEC. 10. Each clerk and assistant clerk of the Superior Court, Court 1s26i. 1869. 1870. 1872. of Common Pleas, and District Court, shall, before entering upon the duties Clerks to give of his office, take an oath for the faithful performance of such duties, and shall give a bond of one thousand dollars, conditioned therefor, to the State, with surety to the acceptance of the Treasurer; and each clerk of the Superior Court shall give such further bond to the State, as the Controller may require, conditioned that such clerk will faithfully account for all moneys drawn by him from the State for bills of cost in criminal cases, and for board of prisoners in jail. SEC. 11. Clerks of courts shall receive the files, processes, and docu- 1s26. Duties of clerks. ments, returnable to their respective courts, make perfect records of all proceedings required to be recorded, have the custody of the files and records of the court, make and keep dockets of causes therein, issue executions on judgments, and perform all other duties imposed on them by law.. SEC. 12. The clerk of any court may, when so directed by such court, 1Sscr.'2~~~~~~ ~~~Clerks to commake up, amend and complete any record thereof which may have been plete records. omitted to be done by a former clerk, in such manner as the court may direct. SEC. 13. The clerk of the court before which any civil action is pending l 69. may, in vacation, take bonds for its prosecution. 1onds in vacaSEC. 14. Each court having a clerk shall have its proper seal, which 1742. Courts to have a shall be kept by him. seal. SEC. 15. Any court may punish, by fine and imprisonment, any person 1667. Contempt of who shall, in its presence, behave contemptuously, or disorderly; but no court. justice of the peace shall inflict a greater fine than seven dollars, nor a longer term of ilnprisonmnent than thirty days; and no other court shall inflict a greater fine than one hundred dollars, nor a longer term of imprisonment than six months. SEC. 16. When any person shall be committed to jail in any civil cause, 1854. 1874. Person confined for disobeying an order of any court, the judge of the court, or the justice by order of court, when reof the peace, making such order, may discharge him from imprisonment, leased. when it shall appear to such judge or justice that the public interest will not suffer thereby. SEC. 17. Any court may commit to jail any person, legally summoned, 1711. 186L. Power to coinwho shall refuse to appear and testify before it in any case, there to remain pcl witness to testify. * Attorney cannot be compelled in one case to produce in evidence a paper left with him by a client in another case. 3 Day, 499. t Clerks may, at any time, fill up blanks left for insertion of costs. 21 Conn., 526. Entries in dockets, not records. 25 Conn., 338. + This section does not apply to contempts by disobedience to the decrees of a Court of Chancery. 38 Conn., 121. 62 COURTS. [Title 4. at his own expense until he shall so testify; but no person shall be compelled to give evidence against himself, except upon a prosecution against another for gaming, nor shall such evidence as to such crime, when given by him, be used against him. 1855. 1872. SEC. 18. The several City and Police Courts, and the officers thereof, Jurisdiction of City anal Police shall have all the powers and jurisdiction which shall have been conferred Courts. upon them, and shall be subject to all the duties imposed upon them by law and the charters of their respective cities; and appeals from the judgments of said courts shall be taken and allowed in the manner provided by the laws in force on the thirty-first day of December, 1874.* 1869. SEC. 19. The County Commissioners shall provide necessary accomPlaces for holding courts, how modations for holding the Superior Court, and Court of Common Pleas, provided in their respective counties, when there is no proper place therefor, and the expense thereof shall be paid by the county. 1873. SEC. 20. The files and records of the Supreme Court of Errors, SupeFiles and records, where to rior Court, and Court of Common Pleas, for NTew London county, at all be kept ill New London county. times when said courts are not in session, shall be kept in the fire-proof vault provided for court records, in the building erected in Norwich for county, town and city purposes. * City Court has jurisdiction of a scire f~acias on a judgment rendered by it in a suit of foreign attachment. 25 Conl., 431. Chap. 1.] ELECTION DISTRICTS. 63 TITLE V. ELECTIONS. CHAPTER I. Election Districts, CHAPTER II. Registration of Electors. CHAPTER III. Admission of Electors. CHAPTER IV. Conduct of Elections, CHAPTER V. Election of Members of Congress. CHAPTER VI. Election of Presidential Electors. CHAPTER I. Election Districts. SECTION SECTION 1. Certain towns divided into voting districts. 3. Congressional districts. 2. Number of senators and senatorial districts. SEC. 1. To facilitate voting at electors' meetings, the towns of Bark- 1852. 1874. Certain towns hamsted, Branford, Bridgeport, Bristol, Canton, Chatham, Colebrook, divided into Derby, East Haven, East Lyme, Farmington, Griswold, Groton, Haddam, votingdistricts Hartford, Huntington, Killingly, Litchfield, Madison, Middletown, New Britain, New Hartford, New Haven, Newtown, North Branford, Norwalk, Norwich, Orange, Preston, Plymouth, Reading, Stafford, Stratford, Stonington, Washington, Waterbury, and Woodstock, shall be and remain divided into voting districts; the number and boundaries of which in each town, shall be as provided by the laws in force on the thirty-first day of December, 1874. SEC. 2. The Senate shall consist of twenty-one senators, and the State 1831. Number of shall be divided into twenty-one districts, in each of which one senator senators and senatorial disshall be elected as follows: tricts. District number one, to consist of the towns of Hartford, Berlin, New District No. 1. Britain, Newington, Rocky Hill, Southington, West Hartford, and Wethersfield. District number two, to consist of the towns of East Hartford, East No. 2. Windsor, Enfield, Glastonbury, Marlborough, Manchester, South Windsor, and Suffield. District number three, to consist of the towns of Avon, Bloomfield, Bristol, No. 3. Burlington, Canton, East Granby, Farmington, Granby, Hartland, Plainville, Simsbury, Windsor, and Windsor Locks. District number four, to consist of the towns of New Haven, Hamden, No. 4. and Woodbridge.* *Milford and Orange were taken from, and Woodbridge added to, this district in 1841. 64 ELECTIONS. [Title 5. No. 5. District number five, to consist of the towns of Bethany, Beacon Falls, Derby, Middlebury, Milford, Naugatuck, Orange, Oxford, Seymour, Southbury, Waterbury, and WVolcott.* No.-6. District number six, to consist of the towns of Branford, Cheshire, East Haven, Guilford, Madison, Meriden, North Branford, North Haven, Prospect, and WVallingford.t No. 7. District number seven, to consist of the towns of Ne-w London, Groton, Ledyard, Stonington, and Waterford.t No. s. District number eight, to consist of the towns of Norwich, Franklin, Griswold, Lisbon, North Stonington, Preston, and Sprague. No. 9. District number nine, to consist of the towns of Bozrah, Colchester, East Lyme, Lebanon, Lyme, Montville, Old Lyme, and Salem.~ No. 10. District number ten, to consist of the towns of Bridgeport, Easton, Fairfield, Huntington, Monroe, Stratford, Trumbull, Weston, and WiVestport.ll No. 11. District number eleven, to consist of the towns of Danbury, Bethel, Brookfield, New Fairfield, Newtown, Reading, Ridgefield, and Sherman. No. 12. District number twelve, to consist of the towns of Darien, Greenwich, New Canaan, Norwalk, Stamford, and Wilton. T No. 13. District number thirteen, to consist of the towns of Brooklyn, Canterbury, Chaplin, Hampton, Plainfield, Scotland, Sterling, Toluntown, and WVindham. No. 14. District number fourteen, to consist of the towns of Ashford, Eastford, Killingly, Pomfret, Putnam, Thompson, and Woodstock. No. 15. District number fifteen, to consist of the towns of Litchfield, Barkhamsted, Colebrook, Harwinton, Morris, New Hartford, Torrington, and Winchester. No. 16. District number sixteen, to consist of the towns of Bethlehem, Bridgewater, New Milford, Plymouth, Roxbury, Warren, Washington, Watertown, and WVoodbury. No. 17. District number seventeen, to consist of the towns of Canaan, Cornwall, Goshen, Kent, Norfolk, North Canaan, Salisbury, and Sharon. No. 18. District number eighteen, to consist of the towns of Middletown, Middlefield, Chatham, Cromwell, Durham, and Portland. No. 19. District number nineteen, to consist of the towns of Haddam, Chester, Clinton, East Haddam, Essex, Killingworth, Old Saybrook, Saybrook, and Westbrook. No. 20. District number twenty, to consist of the towns of Tolland, Ellington, Somers, Stafford, Union, and Willington. No. 21. District number twenty-one, to consist of the towns of Andover, Bolton, Columbia, Coventry, Iebron, 2Mansfield, and Vernon.** W Voodbridge and Prospect taken from and Milford and Orange added to this district in 1841. t Prospect added to this district in 1841. $ Part of East Lyme taken from this district in 1S41. ~ Part of East Lyme added to this district in 1S41. ii Part of Westport added to this district in 1S41. IT Part of Westport taken from this district in 1841. ** Since 1831, the following new towns have been incorporated in existing senatorial districts, in the year affixed to their names as given below, thereby adding to the nunmber of towns in, thoogh not increasing the territory of the following districts, District No. 1. New Britain, 1S50; Newington, 1ST1; Rocky Hill, 1S43; XWest IHartford, 1S854. District No. 2. South Windsor, 1845. District No. 3. Bloomfield, 1S35; East Granby, 1858; Plainville 1869; Windsor Locks, 1854. District No. 5. Beacon Falls, 1871; Bethany, 1S33; Naugatuck, 1844; Seymour, 1850. District No. 7. Part of East Lyme, 1839; Ledyard, 1836. District No. 8. Sprague, 1861. District No. 9. Part of East Lyme, 1S39; Old Lyme called South Lyme, 1855; chanted to Old Lyme, 1857. Chap. 2.] REGISTRATION OF ELECTORS. 65 SEC. 3. The State shall be divided into four districts, for the choice of ClS3 io.l42. representatives from this State in the Congress of the United States, each districts. district to be entitled to one representative as follows: District number one, to consist of Hartford and Tolland counties. District No. 1. District numberl two, to consist of New Haven and Middlesex counties. No. 2. District number three, to consist of New London and Windham counties. No. 3. District number four, to consist of Fairfield and Litchfield counties. No. 4. CHAPTER II. Registration of Electors. SECTION SECTION 1. Registrars, how elected. 8. Registry lists. 2. Town clerk or selectman not to be regis- 9. Publication of lists in certain of the larger trar. towns. 8. Registrars to appoint deputies. 10. Mieeting to correct lists. 4. Assistants in Hartford and New Haven. 11. Appeals from registrars. 5. Election officers to be sworn. 12. Corrected list deposited with town clerk. 6. Who to be registered and entitled to vote. 13. Omitted names to be added. 7. Town clerk to certify to admission of 14. Compensation. electors. SEC. 1. Each town shall choose at its annual town meeting, by general 1860. 1868. 1874. ticket, registrars of voters, to hold office for one year from the first day of Election of the succeeding January, who shall reside in the town or district, as the case g may be, for which they are elected. In towns divided into voting districts, except in Hartford and New Haven, two registrars of voters shall be chosen for each district, and in Hartford, New Haven, and every other town, two registrars of voters shall be chosen for the town at large. In towns where registrars are to be elected for each voting district, the two persons having the highest number of votes for registrars in each district, shall be declared elected; in all other towns, the two persons having the highest number of votes in each town for such office shall be declared elected for such town; but no person shall vote for more than one registrar, for each voting district, or for the town at large, as the case may be. SEC. 2. If any registrar of voters shall be chosen town clerk or select- 1872. Town clerk or man, and accepts such office, he shall thereupon cease to be registrar; and selectman not to be registrar. if any town clerk or selectman shall be elected a registrar of voters, the election shall be void; and in either of said cases the selectmen shall forthwith appoint another registrar, by a writing signed by them, and filed with the town clerk. SEC. 3. Each registrar, immediately after his election, shall appoint a 1s68s.186. deputy registrar, to hold office during his pleasure, and may at any time fill Deputy regisDistrict No. 10. Easton, 1845; part of Westport, 1835. District No. 11. Bethel, 1855. District No. 12. Part of Westport, 1855. District No. 13. Scotland, 1857. District No. 14. Eastford, 1847; Putnam. 1855. District No. 15. Morris, 1859. District No. 16. Bridgewater, 1856. District No. 17. North Canaan, 1858. District No. 18. Middlefield, 1866; Cromwell, 1851; Portland, first called Conway, 1841. District No. 19. Chester, 1836; Clinton, 1838; Old Saybrook, 1852; Essex, 1854; Westbrook, 1841. District No. 21. Andover, 1848. 66 ELECTIONS. [Title 5. any vacancy in said office, and shall file with the town clerk a certificate of every such appointment, who shall record the same with the records of town Duties. meetings. Every deputy registrar shall assist his principal when required, discharge his duties in his absence, or inability to act, and in case of the death, removal, or resignation of such principal, shall become registrar, and appoint a deputy. 1874. SEC. 4. Each registrar in the towns of Hartford and New Haven may, Assistants in Iartford and from time to time, employ one assistant residing in each voting district New Haven. therein, who shall assist the registrars in the performance of their duties. 1860. SEC. 5. Each registrar, deputy registrar and assistant, before entering 1868. 1874. Registrars, &c., upon the duties of his office, shall be sworn, and a certificate thereof shall to be s be filed and recorded in the office of the town clerk. 1813. SEC. 6. All persons who have been admitted to be electors in this State, 1821. 1860. 1869. 1874. and have resided in any town the four months next preceding any electors' wVNho entitled to be registeredt meeting, shall be registered and entitled to vote therein, unless disfranand to vote Proof of admis- chised; but if an elector was admitted in any other town, a certificate sion in other towns. from the town clerk of the latter town shall be sufficient, and the only evidence of such admission; but the identity of any person claiming a right to be registered in any town, by virtue of such certificate, with the person named therein, shall be proved by the oath of the claimant, and, when required by either registrar, by the oath of another elector. 1874. SEC. 7. Any town clerk shall, on the request of any elector, and on Town clerk to certify to admis- payment to him of twenty-five cents, give a certificate of the admission ion of electors. of any elector in his town, written in ink, and he shall keep a record of all such certificates, with their date, and the name of the person to whom they were delivered. 1860. SEC. 8. Said registrars shall, at least three weeks before any annual 1S68. 1874. regi-stry lists. electors' meeting, or meeting for the choice of electors of President and Vice-President of the United States, prepare a correct list of all electors in their respective towns, or districts, who will be entitled to vote therein at such meeting, and shall place on said list, under the title "to be made," the names of those by whom, or in whose behalf a claim, either verbal or written, is made to either registrar, that they will be entitled to be made electors in such town, on or before the day of such meeting. The residence of each person on said list shall be written opposite his name, sufficiently described for identification, giving the street and number, if any; and the name of no person shall be registered except in the town, or district, where he resides, which residence in the towns of Hartford, New Haven, Middletown and Bridgeport, shall be in the district where he has his place of lodging at the time of said registration. Said registrars shall Session ofregis- be in session, for the purpose of perfecting such list, on Saturday of the trars to perfect list. fourth week preceding the day of said electors' meeting, continuously, from nine o'clock in the forenoon until five o'clock in the afternoon, at some Notice. suitable place in their respective districts or towns, of which notice shall be given, by publication in a newspaper, if any is published in such town, or by posting upon the sign posts therein, at least five days before said session. Said lists shall be alphab aphabetically arranged, completed, certified to by the reLists to be de- spective registrars, and deposited in the town clerk's office, at least three posited in town clerk's office. weeks before said electors' meeting, for public inspection; and a certified copy of the list for each district, where there are voting districts, shall, on the same day, be posted by them at the place in such district where the Chap. 2.] REGISTRATION OF ELECTORS. 617 registrars meet; and in towns in which there are no voting districts, a copy of said list shall be posted in such places as may have been designated in a town meeting. Each1 registrar shall keep a copy of said list for his use in 18ti71Stolbe revision, and they shall give notice in said lists of the times and places at posted of sessions to revise which they will hold two sessions within the next twelve days, for the re- lists.. vision and correction of said lists, and shall also give notice of such times 1868. 1874. and places by publication in a newspaper in said town, or by posting the same on the sign-posts therein, at least five days before the first of said sessions. The registrars shall add to their own lists and the list deposited When further names to be in the office of the town clerk, before five o'clock in the afternoon of the added. Friday of the third week before such electors' meeting, under the list of those "to be made," the names of those applicants for admission as electors, who, by reason of mistake or inadvertence, failed to give notice to the registrars before the original list was completed. SEC. 9. The registrars in the towns of Hartford, New Haven, Middle- 18i6. 1861. 1865. 1874. town and Bridgeport shall circulate printed copies of such lists in their re- Publication of the lists in cerspective voting districts, and registrars in every town, in which a daily news- talla of the z larger towns. paper is printed, shall publish said lists for at least three days, in one or more of such daily newspapers. SEC. 10. Said registrars shall meet pursuant to such notice, for the 1860. 1868. 1874. correction of the list, and any elector of such town may apply to them MIeeting to corto add any name to said list, or to erase any name thereon; and if rectlist he shall have, at least twenty-four hours before the time of any such Iow names admeeting, signed and filed with each registrar a written claim for such addi- ded or erased. tion, or erasure, stating the reasons therefor, they shall, at such meeting, take such testimony under oath, as may be offered regarding such claim; but the name of no person shall be erased from said list, unless written notice of a claim for such erasure, shall have been left at his registered place of residence, or personal notice given him, at least twenty-four hours before one of said sessions; and the name of no person, whose right is contested as aforesaid, shall be entered or retained on the corrected list, without the consent of both registrars. SEC. 11. If any registrar, after such hearing, shall refuse to enter on the 1860. 1868. 1874. list the name of any person claiming to be entitled to registration thereon, Appeals froml or to allow a name entered on the first list to remain thereon, the elector registrars. filing such claim, or the person whose right is brought in question, may appeal from the decision of any registrar, upon giving notice to him, to the selectmen and town clerk of said town, who shall give reasonable notice to the registrars of the time and place of hearing such appeals, when they 1ss8. Is74. Re-irtrars to be may be present, and shall require the testimony, under oath, of at least one present on hearother elector to the qualifications of the person in dispute, and shall receive Eviclence.a the testimony, under oath, of such persons as the registrars may offer, touching such qualifications; and if, after such hearing by them, said board shall declare that the person in dispute is entitled to such registration, he shall be registered, otherwise not; but said board shall not hear any application not passed upon by the registrars, nor any appeal of which notice has not been given as aforesaid. SEC. 12. Said registrars shall, on or before the Wednesday preceding 1868. 1874. Corrected list to said electors' meeting, deposit in the town clerk's office, the corrected list bec deposited with town arranged alphabetically, and certified by them to be correct, and shall cler.k. ropy for checkretain a copy to be used by them at said meeting, for the purpose of check- in. 68 ELECTIONS. [Title 5. What names to ing the names of those who vote. They shall place on said corrected list, be put on. in alphabetical order, those electors who have been admitted by the board for the admission of electors; and, under the title "to be made," those only on the first list, whose rights appear not to have matured at the last session of said board; and also the names of those persons who by mistake or inadvertence have failed to register their names on the first list " to be made;" which persons may be admitted on the day of said meeting. Said list, deposited in the town clerk's office, shall be carefully preserved in said office, for public inspection, and any elector may take copies thereof. oic1874.n SEc. 13. If it appears at any such electors' meeting, that the name of Omitted names to be added. an elector has been omitted from the corrected list, the registrars shall, upon application of any elector, add such name to said list if he is entitled to be registered, and if the registrars refuse to add his name to said list, the claimant may appeal as is provided in the eleventh section; and if the appeal is decided in his favor, he shall be entitled to vote at such meeting. 1868. 1874. SEC. 14. The compensation of registrars, deputy registrars and assistCompensation ants shall be fixed, and all expenses incurred in the discharge of their duties audited, by the selectmen, and paid by the town; but in no case shall such compensation be regulated by the number of names registered. CHAPTER III. Admission of Electors. SECTION. SECTION. 1. Sessions of selectmen and town clerk to 3. List of those admitted to be made and reexamine qualifications of applicants. corded. 2. None to be examined or admitted who 4. Oaths of office; election officers to admin are not registered. ister oaths. 1818. 1S60. SEC. 1. The selectmen and town clerk of each town shall hold a session 1868. 1874. Selectmen and to examine the qualifications of electors, and admit to the electors' oath those town clerk to examine qualifi- who shall be found qualified, on Monday of the second week before any cations of ppli- electors' meeting, mentioned in the eighth section of Chapter II. of this Title, from nine o'clock in the forenoon until five o'clock in the afternoon, and at such other times as they may think necessary, but shall not sit later than ten o'clock in the evening; and may publicly adjourn said meeting from time to time until Saturday of said week; and shall, unless all entered on the first list as "to be made" shall have been admitted or rejected by them, be in session from nine o'clock in the forenoon until nine o'clock in the evening on said Saturday, and not thereafter, except that they shall meet, if necessary, on the. day of said electors' meeting, from nine o'clock in the forenoon until the close of the poll in the afternoon, for the sole purpose of admitting to the electors' oath those whose names appear on the corrected list under the title "to be made." They shall give notice of the times and places of each of their meetings on Monday, Saturday, and the day of election, by publication in a newspaper in said town, or by posting the same on its sign posts, at least three days before such meeting. 1S60. SEC. 2. Said board shall not admit any person to an examination, or to 1868. 1874. the electors' oath, who was not registered under the title "to be made." Chap. 4.] CONDUCT OF ELECTIONS. 69 Every person who shall present himself for examination, shall state under None to be examnined or adoath how long he has continuously resided in this State, and in such town, nlitted who are not registereld. whether he is an alien or native born, and when he became twenty-one oath to qualifications. years of age; and before his admission shall read at least one line of the 1S5s. Constitution or statutes of this State, in such manner as to show that he is Reading test. not prompted, nor reciting from memory. If the applicant be a naturalized citizen, he shall present a copy of the record of his naturalization to said board, and make oath that he is the identical person named therein, which paper, before said board shall pass upon his other qualifications, Naturalization papers to be ap, shall be endorsed with the word "approved" or "disapproved" as the proved. case may be, with the date of application and the signature of the clerk of said board. Upon the request of any elector of such town, they shall require the applicant to prove his identity, or age and residence, by the testimony of at least one elector, under oath. Every person found qualified shall take the oath provided for electors, and shall thereupon be admitted as an elector of this State.* SEc. 3. Said board shall deliver to the town clerk of the town a certified 1818. List of those list, in writing, of all persons admitted as electors at either of said meet- admitted to be made and reings, which shall be sufficient evidence that each person named therein pos- corded. sesses the requisite qualifications fir an elector, and the names of all persons so admitted shall be recorded in the records of such town: said board shall also make out and deliver to each person admitted on the day of 1860. 1868. 1874. election a certificate of his admission, which he shall present to the modera- Those admitted on election day tor, who shall cause the name of such elector to be entered on said cor- to present certificate. rected list, before he is permitted to vote. SEC. 4. Every selectman and town clerk, before performing any of the iss88. 18o0. 1868. 1874. duties required by this Title, shall be sworn to a faithful discharge of the Oath of office election officers same; and every selectman, town clerk, registrar, deputy registrar, assistant may administer oaths. moderator and presiding officer of any electors' meeting, may administer any oath or affirmation touching any matter brought before them. CHAPTER IV. Conduct of Elections. SECTION 1 SECTION 1. Electors' meetings, how warned. 14. Names of persons voting to be cheked. 2. Towns may order time of opening meet- 15. Ballots to be counted and declared. ings. 16. What ballots not to be counted. 3. Voting places in districts to be provided. 17. Ballots to be preserved. 4. Ballot boxes to be provided and marked. 18. Return of votes, and of representatives 5. Where parts of town are in different Pro- chosen. bate districts. 19. Secretary to transmit blanks. 6. Appointment of moderators. ~ 20. Town clerk to record and return names of 7. Box tenders. justices. 8. Presiding officers and assistants in towns 21. Return of election of justices to General divided into voting districts. Assembly. 9. Counters and challengers. 22. Secretary to transmit names to clerk of 10. Time and manner of voting. Superior Court. 11. Form of ballots. 23. Vacancy in office of justice, how filled. 12. Who may vote at electors' meetings. 24. Canvass of votes for Lieutenant Governor, 13. Mode of casting ballots. &c. * Superior Court can not by mandamus control action of selectmen and town clerk. 34 Conn., 406. 0 ELECTIONS. [Title 5. SECTION SECTION 25. Notice of election of sheriffs and judges 30. Vacancy in office of Treasurer, &c.. how of' Probate. filled. 26. Proceedings, where there is a tie vote for 31. Tie vote for representatives. sheriff. 32. WVhen special election shall be held for 27. Vacancy in office of sheriff. judge of Probate. 28. Proceedings in contested election of sheriff, 33. Votes at special election, how canvassed. or judge of Probate. 34. Memblers of General Assembly chosen by 29. IMajority necessary for choice of Lieutenant illegal practices, not to hold seat. Governor, &c. 35. Election by plurality vote. 1670. SEC. 1. The constables of each town shall warn the electors therein 1697. 1870. Electors' meet- to meet on the first Monday of April, in each year, at the usual place inns, how warned,.' of holding elections therein, in Hartford, New Haven, Waterbury, Bridgeport, and Norwalk, at six o'clock, and in all other towns, unless by them otherwise ordered, at nine o'clock in the forenoon; which warning shall be given, at least five days previous to said meetings, by posting notice thereof on the sign posts of the town, and in such other places as such town shall order; and every town not divided into districts may designate the place of holding electors' meetings; and the constables in every town divided into districts shall, in the warnings for such electors meetings, give notice that ballot-boxes will be opened in each of said districts. 1542. SEC. 2. Any town except Hartford, New Haven, Waterbury, Bridge1860. 1872. Towns may port, and Norwalk, at its annual town meeting, may order that all its order time of opening meet- annual town or electors' meetings shall be warned, opened, and held, at six ings.. o'clock in the morning, and that the ballot-boxes for all officers to be balloted for at any or both said meetings, shall be opened at that time; and may rescind any such order at any annual town meeting. 1860. SEC. 3. The selectmen of each town divided into districts shall, in each 1861. 1865. Voting places in district, provide suitable places for voting at each electors' meeting, and districts to be provided. shall give public notice thereof, at least one week before the day of such meeting. 1801. 1836. SEC. 4. The selectmen of each town shall provide one ballot-box, and, 1851. 18fi0. Ballot-boxes to if the town be divided into voting districts, one for each district, for the be provided ancl marked. reception of votes for Governor, Lieutenant Governor, Treasurer, Secretary, Controller, senator, and judge of Probate, and, when necessary, sheriff and representative in Congress; and one for the reception of votes for representative, or representatives, in the General Assembly; and biennially, in the even years, one for the reception of votes for justices of the peace. Every ballot-box, used at electors' or town meetings, shall have an aperture 1859. in its lid for the purpose of receiving the votes; and the moderators of electors' meetings shall cause the ballot-boxes at said meetings to be plainly marked, respectively, "State Ticket; "Representative;" "Justice." 1852. SEC. 5. When different parts of a town belong to different Probate Where parts of a town are in districts, the selectmen shall provide separate ballot-boxes for each of said li-fferent Probate districts. parts, for the reception of votes for judge of Probate for the district to which such part belongs. IS1S. Src. 6. The selectmen in every town, except New Haven, shall appoint 1868. 1874. Appointment of the moderators of electors' meetings, and, in towns swhere there are voting moderators. 0 districts, shall appoint moderators in each district. In New Haven, the registrars of voters shall appoint the moderator in each district. 1868. 1874. SEC. 7. At every electors' meeting the registrars of each town or disBox tenders. trict, as the case may.be, shall appoint a suitable elector residing therein Chap. 4.] CONDUCT OF ELECTIONS. 71 for each ballot-box, to be box tender, and one or two others, as may be necessary, to be substitute box tenders, for each box. TNo person not so appointed shall have charge of any ballot-box during the taking of any vote; and no known candidate for any office shall be put in charge of the box Candidates not to be box tendin which votes are cast for said office, or take part in the count thereof; and e:s. any violation of this section by any such candidate shall render the votes cast for him void. SEC. 8. WVhen any town is divided into voting districts, the moderator 1860. is81. 1869. 1874. of the first district (except in Hartford), shall, for the purposes of declaring Presiding ofiithe result of the ballot in the whole town, and of making returns to the Cen., all[ assistSecretary, be the presiding officer, and the moderators of the other districts divided into shall be assistant presiding officers, and shall make returns of their poll, as required by law. In Hartford the moderator of the second voting district shall be such presiding officer, and the moderators of the other districts assistant presiding officers. SEC. 9. At every electors' meeting, each registrar shall appoint from one 1ss8. 1874. to five persons, as may be necessary, for each ballot-box in his district or Counters. town, who shall make the official count of the ballots in said box. Each registrar may appoint one or more challengers in his town or district, who Challengers. may be present at the offering of any vote; and any challenger, or any elector, may challenge the right of any person offering to vote, on the ground of identity, disfranchisement, or continued non-residence since the completion of the registry list; and the moderator shall decide upon the right of the person challenged to vote. SEC. 10. The ballot-boxes at the annual electors' meetings shall be open 1.886. 18s1. Time and manfor the reception of votes, from the hour at which said meeting is warned neor of voting. until five o'clock in the afternoon, when they shall be closed. The moderator shall place the ballot-boxes before said box tenders, in a situation convenient for access by the electors, and publicly call upon the electors to bring in their ballots for such officers as are to be voted for. SEC. 11. Ballots for Governor, Lieutenant Governor, Secretary, Treasurer, 1Is6 Controller, senator, judge of Probate, and also sheriff and representative in Form of ballots. Congress, if such officers are to be chosen, shall be on one piece of paper, and be deposited in the box marked "State Ticket;" ballots for justices of the peace, and ballots for representatives, shall each be on one piece of paper, and shall be deposited in the boxes respectively marked "' Justice " and " Representative." All ballots shall be on plain white paper, with the names and office written or printed thereon. SEC. 12. At any electors' meeting, those only shall vote who were reg- 1868. 1874. WIho may vote istered on the corrected registry list then last completed, including those at electors' added on the day of election; and each shall vote in the district in iectings. which he was so registered. Every person so registered shall be permitted to vote, unless he shall have lost his right after such registration, by removal from said town, or by the conviction of some crime which disfranchises; and every person offering so to vote, and being challenged as to his identity or residence, shall, before he votes, prove his identity with the person on whose name he offers to vote, or his continued residence since the completion of the registry list in such town, as the case may be, by the testimony, under oath, of at least one other elector.* * Under Act of 1860, list as made by registrars is conclusive. 34 Conn., 454. %4S ELECTIONS. [Title 5. 1801. SEc. 13. At each electors' meeting, the electors shall, under the direction 1803. 186S. Mode of casting of the moderator, in their respective towns or districts, lay their ballots sueballots. cessively on the lids of the respective boxes, when the box tenders shall, if satisfied that the ballots so offered are single, without opening the same if folded, put, or permit the voter to put them into the box. 1860. SEC. 14. Each registrar shall be present during the taking of any 1861. 1865. p drn t 1868s. 170. vote, at any electors' meeting in his town or district. In Hartford and tegistrars to be present at elec- Noew Haven, the assistants in their respective districts shall, when retion. quested by the registrars, be preseit at the taking of any such vote, and discharge the duties of registrars. The several registrars shall appoint Re.gistry list to some proper person to check the list, who shall check the name of each be checked. elector thereon as he votes, and his vote shall not be received until his name is so checked. Immediately after the close of the polls, such registrars shall List to becerti- write and sign with ink, on the list so used and checked, a certificate of the ited with town number of names thereon checked, and the number not checked, and deposit clerk. it in the town clerk's office, on or before the following day, who shall preserve the same, with the marks on it, without alteration, for public inspection. 18G60. SEC. 15. Immediately after the ballot-boxes are closed at any electors' 1861. 1868. Ballots to be meeting in a town or district, and not before, the counters shall in public counted and declared. meeting sort and count the ballots found therein, and the moderator shall, before adjournment, publicly declare the result of the count. Every assistant presiding officer of a district shall make a true certificate of all ballots given for the respective officers, and forthwith transmit it to the presiding officer who is to make return of the election to the Secretary; and thereupon such presiding officer, after having ascertained the result of the ballots of the whole town, as given in the several districts, shall declare the same in open meeting at the voting place where he presides; and such meeting shall not be adjourned until such vote is declared. 1859. 1S84. SEC. 16. No double ballot, nor any ballot found in any other box than What ballots nottobecounnt- the one designated therefor, shall be counted. If any ballot shall coned. tain a greater number of names for any office than is provided by law, it shall not be counted for any person for such office. 186S. 18i4. SEC. 17. All the ballots cast at any electors' meeting, shall, by the modBallots to be preserved. erator, immediately after they are counted, be returned to the box, which shall be locked and sealed by him, and deposited in the town clerk's office, and shall be by such clerk carefully preserved for six months after such meeting, to be opened and the ballots examined only by those authorized to make an official examination of them. 18s18. 1826. SEC. 18. The presiding officers of each electors' meeting in every town 1S40. 1874. Return of Avotes not divided into voting districts, and each presiding officer of the first disand of represen- - tatives chosen. trict in all towns divided into voting districts, except Hartford, and the presiding officer of the second district of Hartford, shall make out triplicate lists of the votes, given in their respective towns, for each of the following officers, viz: Governor, Lieutenant Governor, Treasurer, Secretary, Controller, senator, and judge of Probate; and sheriff, and representatives in Congress, when said officers are to be chosen; and shall, upon the lists of votes for senator, return the name or names of the person or persons chosen representative or representatives to the General Assembly from such town. One of each of said lists shall, within two days after said meeting be, by such presiding officer, sealed up, directed to the Secretary and deposited in thle post-office, the postage being paid thereon; another of each shall Chap. 4.] CONDUCT OF ELECTIONS. 73 be by him sealed up, directed to the Secretary, and returned within ten days after such meeting to him, or to the sheriff of the county in which the town is situated; who shall, within fifteen days after said meeting, return it to the Secretary; and the other list, within three days after such meeting, shall be delivered to the town clerk of such town. SEC. 19. The Secretary shall annually transmit to each town clerk 1s0S. 1874. Secretary to blank forms for the return of votes by the presiding officers of electors' transmit meetings, similar to those heretofore used for that purpose; and the lists, and returns provided in the preceding section, shall be made out, certified, and directed, according to Such forms. SEC. 20. The town clerk of each town shall record, and within ten days To,-n 1cl1k to after such election, transmit by mail to the Secretary, a certified return of record and retlrn inamlies of the names of the justices of the peace elected in such town. justices. SEc. 21. The Secretary shall make a list of the justices of the peace letull851felecreturned from the several towns, and before the fifteenth day of May tion of justices to the General thereafter, transmit it to the General Assembly, which shall revise it, and de- Assembly. cide all questions arising before said Assembly, regarding the election of justices of the peace. SEC. 22. After the General Assembly shall have revised such list, and s l851. Secretary to before the fifteenth day of June, the Secretary shall transmit to the clerk juratsmit lists of of the Superior Court in each county a list of the justices of the peace clerlks of theSuelected in such county as revised by said Assembly; and if any alteration shall be made in the list of justices returned from any town, he shall transmit notice of such alteration to the town clerk thereof, who shall amend his record accordingly. SEC. 23. When any vacancy occurs in the office of justice of the peace 1854. in any town, the electors of such town may fill it, at any meeting held 188sss. s68. Vacancy in offor that purpose, which shall be held when requested by twenty or fice of justice, more of said electors in writing. Such meeting shall be warned by the constables of said town, and conducted, and the votes given, counted and declared, and returns made, and the names of those elected recorded and transmitted in the same manner, as if it were an annual electors' meeting; and the Secretary, within ten days after Secretay he shall have received such return, shall transmit a list of the justices of transmit lames to clerk of court. the peace, chosen at said special election, to the clerk of the Superior Court in the county in which such town is situated. SEC. 24. The votes for Lieutenant Governor, judges of Probate, and cav6. sf8l5. sheriffs shall be counted during the months in which they are cast, by the for Lieutenant Governor &c. Treasurer, Secretary, and Controller; and a fair list of the votes for Gov- List of votes for Governor, &c., ernor, Lieutenant Governor, Treasurer, Secretary, and Controller, shall laid before be made by the persons authorized to receive and count the same, and laid bl y.Assebefore the General Assembly on the first day of its session. The original returns of all votes for said offices, made by the presiding officers, shall also on said day be submitted to the General Assembly, which shall declare who are elected to said offices respectively. SEC. 25. The Treasurer, Secretary, and Controller, shall declare who 1838. 1851. Notice of elccis elected sheriff in each county, and judge of Probate in each Probate tion of sheriffs and judges of district; and the Secretary shall, within three days after such declaration, Probate. give notice by mail to all persons chosen senators, sheriffs, and judges of Probate, of their election to such offices. 7 4 ELECTIONS. [Title 5. 1838. SnEC. 26. If in any county, two or more persons shall have received the Proceedings where there is a greatest and an equal number of votes for sheriff, the Treasurer, Secretary, tie vote for sheriff. and Controller, shall immediately publish such fact, with the names of such persons, in one or more newspapers published in such county; and the next General Assembly shall, on or before the second week of its session, choose one of said persons to be sheriff, to hold his office during the regular term; but if either of them shall have died, said Assembly may choose any elector of such county to be sheriff for said county during said term. aca18.S in SEC. 27. Whe-n there shall be a vacancy in the office of sheriff in any Vacancies in office of sheriff. county, the Governor shall forthwith fill it, until it be filled by the General Assembly. P S67. SEC. 28. After the official declaration of the election of any sheriff, or Proceedings inl contested el(c- judge of Probate, any person claiming to be so elected, but not so declared, tion of sheriff or judge of may bring his petition to any judge of the Superior Court, alleging all the Probate. facts upon which such claim is founded, which shall be served upon the party against whom such claim is made, at least two days inclusive before the day of return, and shall be made returnable, and returned to such judge on or before the fifth day of May next after such election, who shall thereupon hear and determine said petition, and his decision thereon shall be conclusive. If he shall find and decide that said petitioner was legally elected, he shall indorse such finding and judgment upon said petition, and, on or before the twenty-second day of said May transmit the same to the Secretary, who shall forthwith notify the petitioner that he is legally elected to said office, and to the respondent that, upon the decision of such judge, he is not legally elected; and shall issue to the petitioner a certificate of election, and revoke the certificate issued to the respondent. 1836. SEC. 29. In the election of Lieutenant Governor, Treasurer, Secretary, Majority necessaryforachoice and Controller, a majority of the votes given shall be necessary for a for Lieutenant Governor, &c. choice; and if no person has a majority of the votes given for either of said offices, the General Assembly shall fill the vacancy. 1850. SEC. 30. If the office of Treasurer, Secretary, or Controller, shall beVacancy in office of Treasur- come vacant, the General Assembly shall fill the vacancy, unless it occurs er. &c., how sl.ed. when said Assembly is not in session; and in such case, or if it fail to appoint, the vacancy shall be filled by the Governor. 1851. SEC. 31. If the electors of any town shall fail to choose a representa1865. 1874. Tie vote for rep- tive, or representatives, by reason of an equality of votes, said meeting shall stand adjourned to the next day, at the same hour at which the first meeting was held; and the election on the second day shall be conducted in the same manner as on the first, except that ballots shall be given for such office only; and returns shr.ll be made in the manner before prescribed. 1851. SEC. 32. When there shall be no election of judge of Probate in any When special election shallbe district, by reason of two or more having an equal and the highest number held for judge of Probate. of votes; or when a new Probate district shall be created and no provision made for the election of a judge thereof; or when there shall be a vacancy Writs of elec- in such office; the Governor shall issue writs of election directed to either of tion. the constables in each of the towns in such vacant district, ordering an election to be held on a day named, to fill such vacancy, and transmit them to the sheriff of the county in which said district is situated, who shall forthwith transmit them to said constables, who, on receiving the same, shall warn electors' meetings to be held on the day appointed in said Chap. 5.] SENATORS. 75 writs, in the same manner that annual electors' meetings are warned; and said meetings shall be organized, conducted, and proceeded with, as annual electors' meetings, except that each elector shall vote for one person, to fill said vacancy; and the ballots shall be counted, and the vote declared, and returns made, certified, directed, deposited, and transmitted in the same manner, as if said election had been made at an annual electors' meeting. SEC. 33. The Treasurer, Secretary, and Controller shall, within thirty 1S1. days after any such meeting, count and declare the votes so returned, and vassed. notice shall be given to the person declared elected, in the same manner as is provided in the election of judges of Probate, at annual electors' meetings. The original return of votes, and the canvass, shall, within ten days thereafter, be by the Secretary submitted to the Governor. SEC. 34. Every person, elected to either house of the General Assembly 17s6. Members of by any illegal practice, shall be incapable of holding his seat, unless he can General Assembly elected by show to the satisfaction of such house, that he was not, directly or in- illegalpractices. directly concerned in it; and if any person, elected a representative t eat. of any town, shall himself, or by any other person, offer or distribute gratuitously among the electors any liquors, on the day of their meeting for the choice of representatives, or shall, on any previous day, entertain the electors, in like manner, with the intent to procure their votes, he shall be considered as guilty of undue influence, and illegal practice, and forfeit his seat in the house. SEC. 35. In all elections of any of the public officers mentioned in Titles 1874. Election by III and V, and of all city or borough officers, a plurality of the votes cast phurality vote. shall be sufficient to elect, unless it is otherwise expressly provided. CHAPTER V. Election of Members of Congress. Part I. Senators. Part II. Representatives. PART I. Senators. SECTION SECTION 1. Meeting of joint assembly. 3. Proceedings, record and returns. 2. Its organization. SEC. 1. At half past eleven o'clock in the forenoon on the day, or iS72. Meetin-g of joint days, of the meeting of the joint assembly, prescribed by the Act of assembly to elect senators in Congress regulating the election of senators in Congress, each house of the Congress. General Assembly shall take a recess until after the action of the joint assembly thereafter to be convened; and at twelve o'clock meridian of said day or days, the members of the two houses shall meet in joint assembly, in the hall of the House of Representatives; and the clerk of the Senate, and the clerk of the House of Representatives, shall be clerks of said assembly. 7 6 ELECTIONS. [Title 5. Its organiza- SEC. 2. The clerk of the Senate, and, in case of his absence or inability, tion. I the clerk of the House of Representatives, shall call said joint assembly to order on the first day of its meeting; and the members of said joint assembly shall appoint one of their number to preside, who shall continue so to preside at every meeting thereof until the dissolution of said assembly, except in case of his absence, when said assembly shall appoint some other one of their number to preside. Proceedings, SEC. 3. Immediately upon the organization of said joint assembly, the record and returns. journal of each house of the preceding day, relating to the election of a senator in Congress, shall be read, and thereupon such proceedings shall be had as are required by said Act of Congress, and a record of such proceedings shall be entered on the journal of each house; and a copy of such journal containing such proceedings shall be completed, duly certified by the respective clerks of each house, and within twenty-four hours after such election transmitted by them to the Governor and Secretary. PART II. Represe ntatives. SECTION SECTION 1. Representatives in Congress, how elected. 4. Canvass of votes at special election. 2. Votes, how canvassed. 5. Notice of election, and of acceptance. 3. Vacancy, how filled. 1789. SEC. 1. At the annual electors' meeting in the year eighteen hundred 1835. 1874. Representative and seventy-five, and biennially thereafter, the electors in each town shall in Conrrcss, how elected.' bring in their ballots for a representative from this State, in the Congress of the United States for the district in which such town is situated, who shall reside in said district. iS19. 1835. SEC. 2. Said votes shall be publicly counted by the Treasurer, Secretary, Votes how canvassed. and Controller, during the month in which they are given, and they shall declare who is elected for such district. 1789. 1835. SEC. 3. When any vacancy shall happen in the office of representative in Vacancy, how filled. Congress from this State, the Governor shall issue writs of election, directed to either of the constables of the several towns in the vacant district, ordering an election to be held therein, on a day named, to fill such vacancy, and cause them to be conveyed to the respective sheriffs of the counties composing such district, who shall forthwith transmit them to said constables, who, on receiving said writs, shall warn electors' meetings to be held on the day appointed therein, in the same manner as annual electors' meetings are warned; which meetings shall be organized, conducted and proceeded with as annual electors' meetings, except that each elector shall vote for one person to fill such vacancy; and said ballots shall be counted and declared, and the vote certified, directed, deposited, returned and transmitted, in the same manner as if said election had been made at an annual electors' meeting. 4S15. SEC. 4. The Treasurer, Secretary, and Controller, shall, within thirty Canvass of votes at special days after such meetings, publicly count the votes returned, and declare election. what person is elected. The original returns of the votes given and returned as aforesaid, and the canvass, shall, within ten days after the result is known, be by the Secretary submitted to the Governor. Chap. 6.1 PRESIDENTIAL ELECTORS. 77 SEC. 5. The Secretary shall give notice to all persons chosen senators 1Notic. cand representatives of this State, in the Congress of the United States, tion, and of within ten days after their election is declared; and unless such persons shall signify their written acceptance or refusal to the Governor or Secretary, within twenty days after receiving such notice, they shall be considered as refusing said election. CHAPTER VI. iPresidenitial Electors. SEcTIOE SECTION 1. Warningls for election. 5. Canvass of returns. 2. Forllm of ballots. 6. fMeeting oi Presidential Electors. 3. Ballots, how counted, &c. 7. Vacancy, how filled. 4. Blank forms to be sent to town clerks. SEC. 1. The constables in each town shall warn the electors therein to iaSa. 186 0. 1874. meet on the Tuesday next after the first Monday of November, 1876, and Warn'ings for on every successive fourth year thereafter, at the place or places of holding electors' meetings; which warning shall be given, and meetings held and proceeded with, in the same manner as annual electors' meetings. SEC. 2. At such meeting, the electors shall bring in their ballots for 1828. v' tForm of ballots. Electors of President and Vice-President of the United States, not exceeding the whole number to which the State is entitled, with the names of such Electors written or printed on one piece of paper. SEC. 3. The ballots shall be sorted, counted, and the result declared, B s 28. Ballots, 11(howr and the returns thereof made, as is provided in respect to annual electors' counted, &c. meetings. SEC. 4. The Secretary shall, on or before the first Monday of October Bls fos18l4.t of the year in which such meetings are held, transmit blank forms to the ble sent to town several town claerks, for the return of votes; and the lists and returns provided in this Chapter shall be made out, certified, and directed according to such forms. SEC. 5. The votes so returned shall be counted by the Treasurer, Secre- 1828. Canvass of retary, and Controller, on the Wednesday next succeeding the third Monday turns. of the month in which such meetings are held, who shall declare the proper number of persons having the greatest number of votes, to be Electors of President and Vice-President of the United States, and in case of an equal vote, shall determine by lot, from the persons having Tie vote. such equal number of votes, the person, or persons, appointed, and shall publish the names of the persons appointed, in two newspapers published in Hartford, and immediately notify them 1by nail of their appointment. SEC. 6. Said Electors shall meet at Hartford on the first Wednesday of Meeting2% of December succeeding the month of their appointment, and proceed as re- Electors. quired by the la-ws and Constitution of the United States. SEC. 7. If any such Elector shall not attend, the Electors who may vacancy, how attend, before they proceed on the business of their appointment, shall fill iled. by ballot the vacancy occasioned by such absence; and they, with the person or persons so elected by them, shall be the Electors for this State. 8 78 GENERAL ASSEMBLY. [Title 6. TITLE VI. GENERAL ASSEMBLY. SECTION - SECTION 1. Annualorganization on first day of session. 12. When a member may appear as attorney. 2. Manner of proceeding in joint convention 13. Bills and resolutions to be numbered. to elect State officers. 14. Style of printing public documents. 3. Not to grant relief in matters of judicial 15. Each bill and joint resolution to have a file nature. number. 4. Adverse party to petitions to be notified. 16. Public printing to be all done at one offce. 5. Docketing petitions. 17. Number of copies to be printed, and ex6. What petitions may be entered at any pense. time. 18. Copies not used to be preserved by Con7. Notice of petitions concerning bank, troller. savings bank, city or borough charter. 19. Engrossing committee. S. Notice of petitions as to railroad, canal 20. Date when Acts take effect. or turnpike charters. 21. Each house to make grants for contingent 9. WBhat charters granted or amended only expenses. on petition. 22. Enrgrossed Acts to be bound and recorded 10. Notice of petitions for release from State by title. prison to be published. 23. Each clerk shall cause journal of his house 11. Petitions relating to School Fund, to be printed and circulated. 1874. SEC. 1. On the first Wednesday of May annually, the Secretary, at ten Annual organization on first o'clock in the forenoon, shall call the Senate to order, and administer the day of sessio official oath to the senators present; and the Speaker of the preceding -louse of Representatives shall, at the same hour, call the House of Representatives to order, and administer the official oath to the members present, for which service he shall receive ten dollars. In the absence of said Speaker, the House of Representatives shall be called to order, and said oath administered, by the member present who is the senior member of any previous House of Representatives. The Secretary, and person calling the House of Representatives to order, shall have the powers of President of the Senate, and Speaker of the House of Representatives, respectively, until such officers shall have been duly elected. 11851. SEc. 2.'When the Senate and House of Representatives shall join in conManner of proceeding ill joint vention for the election of any State officer, the roll of each house shall, beconvention to elect State offi- fore any ballot is taken, be called by its clerk, and each member shall rise cers. and answer to his name; and the names of those who may be absent shall When too many be entered on the journal of the house to which they belong. If, on any ballot, the whole number of votes shall exceed the number of persons who shall have answered to their names, the President shall, before declaring the ballot, cause the names of absentees to be called, and if any answer, shall inquire if they have voted; and if the number of votes shall still exceed the number of persons who shall have answered to their names, and, if such excess of votes, subtracted from the highest number given for either candidate, shall be sufficient to change the result, the convention shall order another ballot. GENERAL ASSEMBLY. 79 SEC. 3. No petition shall be preferred to the General Assembly for any 1784. Not to grant relief, which any court has power to grant. judicial relief. SEC. 4. Every petition to the General Assembly of an adversary nature, 1698. 1715. 1832. 1849. shall be accompanied with a citation to the adverse party to appear on the Adversepartyto be notified, on second day of the session, and be returned to the Secretary on or before preferring adversary pethe first day of said session; nor shall it be heard, unless an attested copy titions. of such petition and citation shall have been left with, or at the usual place of abode of, all parties interested and not petitioners, at least twelve days before the day of appearance; provided that where the adverse party resides out of this State, or is absent therefrom, or shall consist of more 1831. 1852. When judge than twenty individuals, it shall be sufficient to give such notice as any may order'notice. judge of the Superior Court may order. No other petition for action affecting private interests only shall be heard, unless returned to the 1e32. Return of other Secretary and docketed by him by the eighth day of the session. privats peSEC. 5. All petitions shall be indorsed by the Secretary, when docketed, 1836. with the names of the party or parties, and a brief statement of their object. Dtietins peSEC. 6. All petitions to the General Assembly not of an adversary nature, 1837. nor for relief in matters of private interest, shall be received at any time What petitionse during the session, without the payment of any fee to any officer. at aly time. SEC. 7. No petition for the incorporation of any bank, or savings bank, lsss1838.ls or for the alteration of the charter of any city or borough, shall be heard by Noticeolf petithe General Assembly, unless public notice shall have been given by adver- bank, savings bank, city or tisement in some newspaper published in the town where such bank, or sav- borough charter. ings bank is intended to be, or where such city or borough is located, if any, otherwise in some newspaper published in the same county, at least three weeks before the first day of the session to which it is preferred, stating the proposed capital and location of such bank, the proposed location of such savings bank, or the proposed alteration of such charter; but such publication shall not dispense with any other notice required by law. SEC. 8. No petition for the incorporation of any railroad, horse railroad, 1844. Ls,5. canal, or turnpike company, or for an alteration of the charter of any such ti"Oceofc peticompany, shall be heard by the General Assembly, unless public notice shall il railrload, cahave been given by advertisement, in some newspaper published in the charters. county where such railroad, horse railroad, canal, or turnpike is proposed to be, or is located, at least three weeks before the first day of the session to which such petition is brought, designating the intended route of such railroad, canal, or turnpike, the streets, highways, and other intended route of such horse railroad, or the proposed alteration of such charter; nor unless the petition for such railroad company is accompanied with, and sup- 1849. ported by, the report of a skillful engineer, founded on examination, show- Petitions to be ing the general profile of the surface of the country through which said rprot of eugirailroad is proposed to be made, the manner of its construction, the feasibility of the route, the character of the soil, and the probable expense of constructing the same. SEC. 9. No Act of incorporation or alteration thereof shall be granted 18hatl65.ter s by the General Assembly, except upon a petition therefor, when the law grantedl only on requires that notice of such petition shall be given by advertisement. Every charter of a railroad company, or horse railroad company, shall Charters shall designate the confine the road within the limits indicated by said notice, specify the routeof railroads, &c. towns, and, in case of a horse railroad, the streets or highways through 80 GENERAL ASSEMBLY. [Title 6. which it may pass, and otherwise designate the route on which the respective roads may be authorized to be made. 1855. SEC. 10. No petition for the release of any convict in the State prison Notice of' petitions for release Shall be heard, unless notice of such petition shall have been published in a fromn State prison to be newspaper printed in the county in which he was convicted, at least two published. weeks successively, before the presentation of such petition to the General 186s. Assembly; and written notice of any such petition by a convict, sentenced to Notice to State's Attor- imprisonment for life, shall be given to the State's Attorney in such county, W\hen State's on or before the first day of the session; and he shall appear and defend Attorney to defend. against such petition, and may summon such witnesses as he may deem necessary. If the petitioner is unable to pay the cost of notice, the same shall be defrayed by the warden of the prison. 1829. SEC. 11. No petition relating to the School Fund, except petitions fromn Petitions relating to School school districts for their share of the public money, shall be heard, unless Fund. returned to the Secretary and docketed by the first Monday in February next preceding the session of that Assembly to which it is preferred; and Hearing. all such petitions shall be heard by the Commissioner of the School Fund, together with the Treasurer, Secretary, and Controller, who shall report the facts, and their opinion thereon, to the General Assembly at said session. 171. SEC. 12. No member of the General Assembly shall appear as an attorney w 1a. cm- before it, or before any committee of said Assembly, or of either house, unless 1ber o' Generai Assembly may in his own cause, or that of the town which he represents, or of some public appear as attoreoFcar. n corporation therein, or where there shall be so near a relation between such member, and either of the parties, as between father and son, brothers, uncle and nephew, by nature or marriage, or landlord and tenant. 1S72. SEC. 13. All bills and joint resolutions shall be numbered by t'ie clerk Fills and reszoIluionsrto be of the house in which they are presented, in the order of their presentation, and shall be designated in the journal as " Senate Bill, " or " House Bill," "Senate Joint Resolution," or " House Joint Resolution," as the case may be, with the addition of their proper number; and all bills or resolutions, reported as substitutes for others, shall be indorsed with the number of the original bill or resolution. 1s72. 1874. SEC. 14. The words, "State of Connecticut," shall be printed at the head Style of printini bills and of every bill and document printed by order of the General Assembly, or poblie docunents. either.house thereof, and on its title page or cover, if any; and every bill for a Public Act, and every joint resolution not printed before it is referred to a committee, shall, before printing, be indorsed with (1) the date of its introduction; (2) the name of the member introducing it; (3) the committee to which it was referred; (4) the date of its reference; (5) the final action of the committee thereon, and its date. These indorsements, together with the designation of the bill or resolution, shall appear in brackets, on the face of every printed copy of a bill or joint resolution; and when a bill or joint resolution is accompanied with a report of a committee (other than a recommendation that it ought, or ought not to pass), it shall then have an additional indorsement, as follows: "accompanied with special report, No.." 1S74. SEC. 15. All bills for Public Acts, and joint resolutions, printed for the Each bill and joint resolution use of the General Assembly, shall be numbered by the printer with a tnambefile "file number," in the order in which they are printed; which shall be placed conspicuously at the head of each; and they shall be designated GENERAL ASSEMBLY. 81 in the printed calendar of each house, by their "file number," as well as by the appropriate title and number, required by the thirteenth section. SEC. 16. All bills and joint resolutions of a public nature, and the calendar 18s4. Public printing of each horsy, printed during any one session of the General Assemnbly, tobe all done lt shall be printel at the same printing establishment, which shall be designated by tile Controller. SEC. 17. Four hundred copies of every bill or joint resolution, reported s1s. 1874 favorably by a coll-nittee, shall be printed for the use of the General Assemn- Ntlmb)er of copies to be bly; and all Acts and, resolutions of a private nature, except for grants printed and exor release of convicts, shall be so printed at the expense of the parties applying therefor, and before being favorably considered. Twenty-five Twenty-five copies to be copies of every printed bill or resolution shall be deposited in the office bound, andldeof the Secretary, and by him bound in proper volumes, for future posited. reference; five of which shall be deposited in the State Library; two with the Connecticut Historical Society; one with the!New Haven Colony Historical Society; one with the New London Historical Society; and one in the law library of Yale College. SEC. 18. The messengers of each house shall daily deliver to the 1 82. Copies not used, Controller all printed documents not distributed to members; and he shall to be preserved by Controller. keep them arranged by their respective numbers, and give a copy of any such document to any member on request. SEc. I 9. At the begilninn( of each session, there shall be appointed a 1859. 18i4. Engrossing joint standing committee on engrossed bills, consisting of one from the coimittee. Senate and two from the Hiouse of Representatives. All bills, and proposed is59. amendments to the Constitution, as soon as passed, shall be engrossed by All bills to be engrossed. the Secretary, in a fair rolund hand, without erasure or interlineation, upon paper of uniform size; and said committee shall examine all engrossed bills and amendments, and present such Public Acts as are found correct, first to the Speaker of the House of Representatives, and then to the President of the Senate, who shall sign them in the presence of their respective houses; and said proposed amendments to the Constitution shall be signed by said Speaker; and said committee shall cause the dates of the passage of Special Acts to be entered thereon by the clerks of the two houses respectively, and return all said bills to the Secretary, who shall present them to the Governor for his approval. SEC. 20. Public Acts, unless otherwise directed, shall take effect at the 18so. 1859. end of four weeks after the rising of the General Assembly which enacted PDate when Acts them; and Special Acts, unless otherwise therein provided, from the day of take effect. their apiproval; the style of which Acts shall be Resotved by tliis Assemf7ly. SEC. 21. Each house of the General Assembly may make the grants Each house may necessary and proper to cover its contingent expenses, which, being duly Ialceti gcLttsefr registered in the Controller's office, shall be paid by the Treasurer. penses. SEC. 22. After the rising of each General Assembly, the Secretary shahll isao. Engrossed Acts cause all the engrossed bills which shall have become laws, to be bound up, to- to Ite bomund, and recorded by together with any engrossed amendments to the Constitution proposed by said title. Assembly, in one volume, and shall also record such bills by title and number in the public records of the State; and such volumne shall be the official records of the Acts of, and amendments to the Coinstitution passed by, said Assembly. 32 GENERAL ASSEMBLY. [Title 6. 1567. 1871.'SEC. 23. Within three months after the rising of each General'Assembly, Each clerk to cause journals the clerk of each house shall cause six hundred copies of its journal, propof his house to be printed and erly indexed, to be printed, of which he shall transmit directly to the State circulated. Library five copies, to each public State officer, member of said Assembly, college library, and town, one copy, to each incorporated or associated library in the State requesting it, one copy; and shall deposit the remainder in the office of the Secretary, one of which such clerk shall certify under his hand to be a true record of the proceedings of said house, and which shall be the official journal thereof. Chap. 1.] MEETINGS. 83 TITLE VII. PUBLIC CORPORATIONS. CHAPTER I. Meetings. CHAPTER II. Powers. CHAPTER III. Duties. CHAPTER IV. Town Deposit Fund. CHAPTER V. General Provisions. CHAPTER I. Meetings. SECTION. SECTION. 1. Warnings to state objects of meetings. 6. Moderator may order disorderly persons 2. Town meetings, how warned. into custody. 3. Annual and special town meetings, when 7. Questions to be decided by major vote. holden. S. Who mayvote in town n meetings generally. 4. Town meetings in Hartford, New Haven, 9. None to vote in town and city meetings Middletown, Norwich, Norwalk, East for election of officers, unless registered. Haven. and Bridgeport. 10. Conduct of such meetings. 5. Choice of moderator. 11. Ballots to be preserved. SEC. 1. The warning of every meeting of a town, city, borough, school w 849. society, school district, or other public community, or of an ecclesiastical society, or of proprietors of common fields shall specify the objects for which such meeting is to be held.* SEC. 2. A written or printed warning of a town meeting signed by the 1831.is5 selectmen, or a majority of them, and set upon the sign-posts in the town, How town meetings are to at least five days inclusive, before the meeting is to be held, shall be suffi- be warned. cient notice thereof; but any town may, at an annual meeting, designate any other place or places, in addition to the sign-posts, at which such warnings shall be so set up; and the selectmen shall cause a copy of every Copy of warnruf to be left such warning to be left with the town clerk, on or before the day of withltown such meeting, who shall record it. clerk. SEC. 3. The annual town meetings shall be held on the first Monday 15. 8s8Gs. of October, except that in Bridgeport they shall be held on the first Annual meetings when to be Monday of April, and special meetings may be convened when the select- hoiden. Special meetmen shall deem it necessary, or on application of twenty inhabitants quali- ings. fled to vote in town meetings; and town meetings may be adjourned from Adjournments. time to time as the interest of the town may require. *The objects must be intelligibly stated. 13 Conn., 234. The general clause "and to do any other proper business " does not justify passing new by-laws. 5 Conn., 306G; 8 Conn., 253; 37 Coln., 398. Record of a meeting as " duly warned "p 2rima facie evidence of such fact. 25 Conn., 563. 84 PUBLIC COnPORATIONS. [Title 7. 1857. IS60. SEC. 4. Town meetings in Hartford, New Haven, Middletown, Nor. 1861. 1856::. s1864. l b. wiCh, Norwalk, East Haven, and Bridgeport, shall be warned and held Exceptions to thegeieralrule. at the time and in the manner provided by the laws for holding town meetings in such towns which were in force on the twenty-first day of July, 1865. hiSe.u SEC. 5. All towns, societies, and other communities, Cwhen lawfully Choice of moterator. assembled, shall have power to choose a moderator to preside in said meetings, unless it be otherwise specially provided by law. 1801. SEC. C. The moderator of any such meeting, and the presiding' officer Moderator may order disoderily in electors' meetings, when any disorder arises in the meeting, and the persons into custody. offender shall refuse to submit to his lawful authority, may order any proper ofiflcer to take him into custody, and, if necessary, to remove him out of such meeting until he shall conform to order, or if need be, until Power of officer such meeting shall be closed, and thereupon such officer shall have power to commandcl assistance. to command all necessary assistance, and any person refusing to assist when commanded, shall be liable to the same penalties as for refusing to assist sheriffs and constables in the execution of their offices; but no person comn anded to assist shall be deprived of his rigoht to act in the mneetin, nor shall the offender be so deprived any longer than he refuses to conform to order. 16-72. 102. SEC. 7. All questions in such meetings shall be decided by a major vote All questions to be decided by a of the qualified members present, or when there shall be an equal major vote. vote, by the moderator. 1069. 1574. SEC. 8. All the male inhabitants of each town, of the age of twentyPersons qualified to vote in one years, who have statedly resided in the State at least one year next town meetings. preceding, and in the town at least four months next preceding, and who have a freehold estate not subject to a mortgage, rated in the common list or assessment at three hundred dollars, or personal estate rated in said list at one hundred and fifty dollars, exclusive of their polls, or who have been duly admitted as electors, smay vote and act in town meetings; provided their names are entered upon the registry list as required in the succeeding section.* 17m4. SEC. 9. At any meeting of the towns or cities of Hartford, New Haven, Persons who Maiy vote in lMiddletown, or Bridgeport, for the election of officers, those only shall vote town and city meetings for the Who were registered on the corrected list last before completedl; and in all election of ofilcer-. other towns and cities, any person entitled to vote at town ancl city meetings for such purpose, and registered on said list, and those having a legal right to vote at such meetings and whose names are entered on a copy of said list before voting, may vote therein; and the names of those voting Check list. shall be checked on said copy, aund said copy so checked shalll be kept on file in the office of the town or city clerk, as the case mlay be, as in. cases of electors' meetings. 174. SEC. 10. Town and city meetuings for the election o of oficers shall be Concduct of such town and city holden and proceeded with, so far as may be, in the same manner as mieetings. electors' meetings, unless when it is otherwise provided, except that in towns which do not vote for such officers in districts, the selectmen and town clerk may, and on their failure to do so, the meeting shall appoint the moderator thereof. * Property of voter must be actually set in list. 2 Day, 504. Chap. 2.] POWERS. 85 SEC. 11. The ballots cast at any city meeting, or at any town meeting 181s74. in a town having a city within its limits, after having been counted, shall preserved. be returned by the presiding officer to the box, which shall be locked, sealed, and deposited by him in the office of the city clerk, or town clerk, as the case may be, who shall carefully preserve it for six months after such meeting, to be opened and the ballots examined only by those authorized to make an official investigation of them. CHAPTER II. Powers. SECTION SECTION i. Towns may make civil regulations. 12. Towns may erect monuments to soldiers 2. As to sidewvalks. and seamen. 3. As to the taking of birds. 13. Location, how fixed: no appropriation to 4. As to fisheries. be made for land. 5. By-laws regulating fisheries to be pub- 14. Inscription on monument. lished. 15. Establishment of public library. 6. Special permits not to be granted. 16. Appropriations and legacies for library. 7. Actions for penalties. 17. Miay issue bonds, when. S. Commitment to work-house. 18. Counties may take land, when. 9. May enclose public squares. 19. Proceedings to condemn land. 10. May offer bounty for wildcats and foxes. 20. Effect of acceptance of report. 11. Towns and cities may provide as to reg- 21. Fees of committee. istration of births, &c. SEC. 1. Towns may make such regulations for their welfare not con- 167%2. Towns may cerning matters of a criminal nature, nor repugnant to the laws of tile makrle rleodiations for their State, as they deem expedient, and enforce them by penalties, not exceeding Nwelfare. five dollars for one breach.* SEC. 2. Towns may make by-laws to regulate and preserve any side- aS31. M1ay rc'urnllate walks for the special convenience of foot passengers, which are not in the sidewallks. limits of any city, borough, or incorporated village. SEC. 3. Every town may make by-laws for the regulation of the taking 1 s,3. - [ay re-'ulate of birds, and the preservation of them in its limits, and impose a lawful the taling of penalty for the breach thereof; which by-laws shall be publishel as it shall direct. SEC. 4. Every town may make by-laws to regulate the fisheries of clams Towns may makIie b)v-laws and oysters within its limits, or in the waters and flats adjoining and as to ftisheres. belonging to it, and to preserve the same; and to regulate fisheries in its streams and ponds, and for the preservation of fish therein; and impose penalties, not exceeding twenty dollars for the breach of such by-laws. SEC. 5. Every by-law, passed by any town or borough, for regulating fish- 18S30. eries, shall be published in a newspaper, printed in the county where such published. town or borough is, three weeks successively, at least one week before * Towns have no inherent powers, but only those expressly granted by law, or necessary to their well-being. 3- Conn., 139. oow and for what purpose a towrn may appropriate its property. See 10 Conn., 544; 2!) Conn.. 35t6; 32 Conn., 67; Id., 118; dcl., 181. By-laws should be specified in warning. 5 Conn., 391; S Conn., 247. t The right to take shell-fish on the land of another, between high and low water marlk, is a common right. 5 Bay, 22. A by-law excepting.- the inhabitants of the town from the prohibition, is voili. 5 Conn., 391. Waarning of town mectinr must specify the object. Ibid. 8 Conn., 217. Jurisdiction of towns bounded on Coinnecticut river, extends to centre of channel. 5 Conn., 391; 5 Conn., 3SS. $s PUBLIC CORPORATIONS. [Title 7. such by-law is to take effect, and in such other manner as such town or borough may direct. Discriminating SEC. 6. No town or borough shall pass any by-law authorizing any by-laws as to hilsericus pro- person to grant permits for taking oysters, clams, or fish, within the time in which the taking of the same shall, by such by-law, be restrained or prohibited; but all restraints and prohibitions prescribed in such by-laws, shall extend to all persons without discrimination. Actions for pen- SEC. 7. Any person may sue for the penalties enacted by any by-law, alties. passed for regulating fisheries, whether given by such by-law to any agent or agents, or to any individual, or town. Commitment to SEC. 8. When any person convicted of violating any by-law regulating work-house. fisheries shall not appeal, nor pay the penalty and costs of such conviction, nor give bonds with sufficient surety for payment, he may be sentenced to hard labor in the work-house of the town in which the offence was committed, for not exceeding thirty days. 1857. SEC. 9. Each town may lay out, inclose and improve any lands belongMay lay out public squares. ing to it, not in any incorporated city, for a public square or common, and may purchase any land within its limits for that purpose. 18i6. 1s74. SEC. 10. Any town may offer a bounty of five dollars for killing each Bounty for killing wild cats wild cat or fox within its limits, to be paid by its treasurer upon such and foxes. evidence of killing as such town may require. 1860. SEC. 11. Any town or city may enact by-laws, not contrary to law, May make bylaws to perfect more effectually to obtain a perfect registration of births, marriages and registration of bi'ths, &c. deaths; and the registrar of the town, in which such by-laws may be enacted, shall execute their provisions under the same oath and penalty as if they were the statute laws of the State. i865a. SEC. 12. Any town may appropriate not more than fifteen cents on )lfayappropriate money to erect each one hundred dollars of its grand list last completed, for the erection monument to soldiers and sea- of a suitable monument to the memory of all soldiers and seamen who men. were residents of, and belonged to said town at the time of their enlistment, and died in the military or naval service of the United States in the late war. Designation of SEC. 13. If the site for such monument shall not be stated in the vote site for monument. making said appropriation, said town shall, at the same meeting -at which the vote was passed, appoint a committee of three persons, to decide upon such site, who shall, within thirty days, file a certificate with the town clerk, designating the site. The town may appoint a committee of not more than three persons, under whose direction the appropriation shall be expended; and the town treasurer shall pay all orders drawn upon him by said committee in pursuance of said provisions; and in case no such committee is appointed, all such expenditures shall be made under the Appropriation direction of the selectmen of said town; but no part of the appropriation cannot be expended for land. shall be expended for land for the site of the monument. Inscription on SEC. 14. The names of all such soldiers and seamen shall be inscribed monument. upon said monument, or upon a tablet inserted therein, and the places and dates of their death, when they can be ascertained. ES69. SEC. 15. Each town, borough, and city may establish and maintain a Establishment of public public library therein, for the use of its inhabitants, and may provide libraries. suitable rooms therefor, under such regulations as may from time to time be prescribed by the inhabitants of the town, or by the borough or city council. Chap. 2.] POWERS. 87 SEC. 16. Any town, borough, or city may appropriate not exceeding Appropriations for sulch libraone dollar for each of its taxable polls in the year next preceding that in ries authorized. which such tppropriation is made, for the foundation of any public library therein, and for suitable buildings or rooms therefor; and may also appropriate annually, for its maintenance and increase, not exceeding fifty cents for each of its taxable polls, in the year next preceding; and may receive, hold, and manage any devise, bequest, or donation for the es- Leoacies or donations for such tablishment, increase, or maintenance of a public library within the purpose. same. SEC. 17. WThen any town shall have made appropriations, or incurred Towns mIay isdebts, or shall hereafter make appropriations or incur debts exceeding sl1l bonds, ten thousand dollars, it may issue bonds, either registered or with coupons attached, or other obligations, payable at such times and at such annual rate of interest, not exceeding seven per cent., payable annually or semiannually, as it shall determine; and shall designate the manner in which said bonds shall be issued, and the person by whom they shall be signed, and provide for keeping a record of the same. SEC. 18. Any county may takle any land which its Commissioners deem 1is4. When counties necessary for the site, or for an addition to the site of any county building. may take land. SEC. 19. If the Commissioners cannot agree with any owner upon the Proceedinlgs to condelm lallnd amount to be paid him for any land thus taken, they may prefer their petition in the name of the county to the Superior Court held therein, or if said court is not in session, to either judge thereof, praying that such compensation may be determined; which shall be accompanied by a summons served on such owner as other civil process before said court; and upon said petition said court or judge shall appoint a committee of three disinterested men, who, after being sworn, and giving reasonable notice to the parties, shall view such land, ascertain its value, assess just damages to the owner and report their doings to said court or judge; and such report may be rejected for any irregular or improper conduct in the performance of their duties. If the report be rejected, the court or judge shall appoint another committee, who shall proceed in the same manner as the first were required to proceed. SEC. 20. The acceptance of the report of such a committee shall have Effect of acceptthe effect of a judgment in favor of the owner of the land against the county aace of report for the amount of the assessment made by the committee; and such court or judge may make any order necessary for the protection of the rights of all persons interested in the land; but said land shall not be used nor enclosed by the county, until tlhe amount of said judgment shall be paid to the party to whom it is due, or deposited for his use with the treasurer of said county; and upon said payment or deposit, said land shall become the property of said county. SEC. 21. The county preferring the petition shall pay the committee Fees of commaking said assessment a reasonable compensation, to be taxed by said mittee court or judge. 88 PUBLIC CORPORATIONS. [Title. 7. CHAPTER III. Duties. SECTION SECTION 1. Towns and boroughs shall set out their 3. In c'ase of dispute, Superior CourL to fix bounds. bounds. 2. Shall perambulate and renew bounds. 4. Sign-posts to be erected and maintained. 1866. 1873. SEC. 1. Every town and borough shall procure its bounds to be set out Towns aend boloo,%his hnll by plain and durable marks and monuments; towns by a large heap of set out their bounds. stones, or a ditch six feet long and two and a half feet wide, of ordinary depth; and boroughs by stone pillars set two feet in and one foot above the ground, at every corner, and once in every eighty rods in the lines running from corner to corner. To be perambu- SEC. 2. Once in every five years, the selectmen of adjoining towns, and lated and renewved every the warden and burgesses of each borough, and the selectmen of the town in which it is situated, shall appoint and pay two or more persons to perambulate the lines and renew the bounds and monuments between their respective communities, and every town or borough which shall neglect the same shall forfeit fifteen dollars, half to the use of the town or borough with which it refuses to join in perambulation, and half to the county in which said last mentioned town or borough is, and in case both of such communities shall neglect to perambulate, the whole shall be to the use of any informer; and the community desirous of making such perambulation shall give six days' notice to the other community, of the time and place of meeting for such perambulation. Disputed SEC. 3. WVhen the selectmen of adjoining towns, or of a town and the boundary line to be fixed by warden and burgesses of a borough therein, shall not agree as to the place committee of Superior Court. of the divisional line between their respective communities, the Superior Court, upon application of either, shall appoint a committee of three to fix said disputed line, and establish it by suitable monuments, and report their doings to said court; and when said report shall have been accepted by said court, and together with the record of acceptance shall have been lodged for record in the records of both the commnunities interested therein, said line so fixed and established shall forever thereafter be the true divisional line between them. And said court may allow costs at its discretion; but before said committee shall proceed to fix said line or monuments as aforesaid, they shall be sworn, and give notice to the parties interested of the timen and place of their meeting to attend to the duties of their appointment, at least twenty days previous to the time of such meeting, which shall be served upon a majority of the selectmen of such towns, and upon the warden and a majority of the burgesses of the communities intere3ted, and also by setting the same on a sign-post in each of said communities; and all parties interested shall be entitled to be heard before said committee. 1702. SEC. 4. One or more sign-posts shall be erected and maintained in each Si-n-posts to be erected. town at such place as the selectmen shall designate. Each town may order 1863. any additional sign-post to be erected in it; and the selectmen of any town Selectmen may change their may change the location of any sign-post therein, but any change so made location. shall be approved by a vote of the town at its next annual meeting thereafter. Chap. 4.] TOWN DEPOSIT FUND. S9 CHAPTER IV. Tovu uDeposit Fund. SECTION SECTION 1. To be deposited with the several towns. 6. Fund, how managed, loaned and secured. 2. How apportioned to new towns. 7. Each town to make good any deficiency. 3. Conditions of deposit: income to go to S. Proceedings when a town refuses its propnblic schools. portion. 4. Treasurer to have the custody of the fund 9. New receipts to be taken on division of and securities. town. 5. Treasurer's bond: to report all losses to 10. Assignment or release of mortgage title. Controller. SEC. 1. The money received from the United States in pursuance of Tode6. 1874. To be deposited the Act of Congress approved June 23d, 1836, shall be or remain deposited withl towns. with the several towns which have received, or shall agree to receive it, on the terms hereinafter specified, in the proportion established by law; and the Treasurer shall deliver it to the agents of such towns as have not received it, on receiving receipts therefor signed by such agents, and a certified copy of the vote of the town to receive its proportion of said money, on the terms and conditions herein specified, and appointing an agent to receive the same. SEc. 2. When any new town shall be constituted, such money shall be Homw apportioned on divisdivided between it and the towns of which it may be formed, agreeably to ion of town. the then last census of the United States; and when the proportion of each of said towns cannot be determined by reference to said census, it shall be determined by a census to be taken as soon as may be, by some suitable person appointed for that purpose by the Treasurer of the State, on application of either of such towns, unless they shall agree upon the mode of division. SEC. 3. The condition on which any town shall receive its share! of the Conditions of said money shall be, that it shall keep the money as a deposit in trust depoit. for the State, and account for the same when called for; and that until Income to oo to faereoz, annually, or the public schools. called for, it shall appropriate the entire income thereof, annually, for the p support of public schools therein. SEc. 4. The treasurer of each town, or such person as the town shall 1836. Townl treaoSllrelr appoint, shall have the custody of said fund, and be the treasurer thereof; to lave the cls-tody of the fund, and shall keep separate accounts relating to the fund and exhibit at oc. each annual town meeting an account showing the amount of the fund, how invested, the amount of its income, to whom paid, for what, and the balance remaining in the treasury; which account shall be recorded, and kept on file, by the town clerk; and no payments shall be made from the fund except on orders drawn by the agent appointed by the town, specifying whether they are to be paid from the principal or income of the fund. SEC. 5. Such treasurer shall, immediately after his appointment, execute lsa;. Treasurcr's a bond to the town, with surety, to tihe acceptance of the selectmen, for the bond. faithful execution of his office as treasurer of the fund; and any loss or deficiency in the fund belonging to such town, and any illegal or improper management or application of its income, which shall come to his knowledge, he shall immediately report to the Controller and shall forfeit Toreport all to the State twenty dollars for every week that he shall neglect to make lossc, t\' t'he such report. 90 PUBLIC CORPORATIONS. [Title 7. 1S306. 1874. SEC. 6. The town deposit fund in each town shall be managed by such How managed. agents as the town shall appoint, who shall lend it on notes payable to the town, secured by mortgage of real estate, in value double the amount of the sum loaned, and no expense shall be deducted from the principal of the fund; and when any loan shall be paid in full, the treasurer of the town where the loan was made may release the mortgaged premises; and any town may authorize its managers to invest said fund, or any part thereof, in the stock of any bank in this State, in the bonds or securities of any city, town, or borough, in this State, or in the bonds, loans or securities of this State, or of the United States. Deficiency to be SEC. 7. Each town shall make good any deficiency which may occur in such fund, and on failure to make such deficiency good within one year after it shall occur, shall forfeit to the State the amount of such loss. 1846. SEC,. 8. If any town shall not agree to receive its proportion of said Proceedings when any town money, on the terms specified in this Chapter, the Treasurer of the State reftlseS to receiv-eitspropor- shall, at the expense of said town, loan the same on note payable to the tion. State, secured by mortgage of real estate, in value at least double the amount of the loan, the interest of which, when collected, shall be paid by said Treasurer to the treasurer of such town, to be by it appropriated for the support of schools annually, and it shall be liable for its due application, in the same manner, as if it had- agreed to receive its proportion of the principal. 1836s. 184. SEC. 9. In case of the division of any town, and the apportionment of On division of town, new cec- its town deposit funld, the Treasurer of the State may exchange the receipt ceipts may be tal aen. of such town for new receipts for the same from the agents of the towns so constituted by such division. 1s43. 1s74. SEc. 10. The treasurers of the several towns, upon the receipt of the Assignment of mortgagesecnr- amount of any loan made from the town deposit fund, may, with the assent- of the managers of said fund for such town, execute an assignment or release of any security held for such loan, and convey to the assignee or releasee the legal title to the premises mortgaged to secure the payment of such loan. C APTE R V. General ]Provisions. SECTION SECTION. 1. Agents of communities and corporations. 5. Assessments against land belonging to es2. Oath may be required of claimant under tates of deceased persons. any public contract. 6. Correction of errors in assessments for 3. Appeal by party aggrieved by appraisal of public works. damages or assessment of benefits. 7. Abatement of assessments on horse rail4. Proceedings on such appeals. road companies. 1S60. SEC. 1. In the absence of any special appointment, the first selectman of Who are agents of commlrnities any town, and the first trustee or committee man of any religious, ecclesiasand corporations. tical, literary, or eleemosynary society, and the committee of any school district, shall be the agent, ex officio, of his respective community or corporation. 1872. SEC. 2. The auditor of any city, town, borough, or public corporation Oath may be required of claim- or institution, or any person authorized to approve demands for the price at ndcer any contract, &c. Of articles furnished or services rendered for the same, may, before approving any such demand, require the claimant to make oath, that the whole cf Chap. 5.] GENERAL PROVISIONS. 91 said articles have been furnished, or that the whole service has been performed, and that no commission, discount, bonus, reward or present of any kind has been received, or is promised or expected on account of the same. SEC. 3. Any person aggrieved by the appraisal of damages in laying out ~869. 87i0. 1872. any highway, or in making any improvement or public work in any city AI)l)eai qy plarty a-g'reved by ap(except Bridgeport), or borough, or by the assessment of benefits therefor, p'alsal of lllmagcs Or assessmay appeal from such appraisal or assessment, to any judge of the Superior menltofbeneCourt, within thirty days after public notice shall be given of such appraisal or assessment, which appeal shall be a written petition for a re-appraisal or re-assessment, with a citation attached thereto, and returnable in not less than six, nor more than twenty days after its date, and shall be served at least six days before the return day, upon the clerk of such city or borough. SEc. 4. Such judge may, by committee, or otherwise, re-assess said dam- Appeals, how proeoeded with. ages or benefits, and if said damages are increased, or said assessment of benefits is reduced, award costs against the city or borough, otherwise against the appellant; and shall issue execution for the amount of damages, or benefits, fixed by such re-assessment, and in favor of either party for costs, to be taxed as upon civil process; and, after the proceedings are closed, return all the papers connected with the case to the clerk of said city or borough, who shall keep them on file. SEC. 5. When any assessment of damages or benefits, or both, for Llt.i Land belonging the lay out or construction of any highway or other public work by any to estate of tde town, city, or borough, has been or shall Noe made upon or in respect of any mayIe arescesse for dama-aes au[ land, or interest in land which has belonged to a deceased person, of whose b1enetits. wiith-':1 o11t namingi the estate no distribution has been recorded, it shall be sufficient if the report or hIeirs schedule of such assessment describe the property assessed as land of the estate of such deceased person, or describe his estate as being assessed; and any lien or clain upon said property, resulting from said assessment, otherwise legal and formal, may be foreclosed or otherwise enforced against said property, or the amount of said assessment collected from any persons claiming said land under the title of such deceased person. SEC. 6. In all cases of assessments of damages or benefits for the lay orrlection of errors to aiss,out or construction of public works, the Superior Court, or any other neltts fort)tublic appellate or revising tribunal to which such cases may be removed, may, by re-assessment. or otherwise, correct any errors which may be shown to exist in the report or schedule of said assessments, providled reasonable notice be given to any person not before said court or tribunal, who may be injuriously affected by the correction of said errors, to appear and show cause why said correction should not be made; but said court or tribunal may, without special notice, correct manifest clerical errors and misdescriptions, when it is evident that no person interested has been misled thereby. SEC. 7. The board of aldermen of any city, and in cities where there 1atc17 of Abatement of is ino board of aldermen, the common council, and the board of selectmen of assesswame t o Hl()r'C l'olJlIa([ any town, which has control of the highways therein, may abate in whole conlmpalles. or in part any assessment laid upon any horse railroad company, or its property, or the person, persons or corporation owning or operating any such horse railroad, on account of such property, and may discharge in whole or in part any lien created by such assessment, or connected therewith; and such abatement and discharge shall be by resolution, specifying the particular assessment and lien, and a certified copy thereof shall be recorded in the records of such liens. 92 PUILBIC2 CIiARIITABLE3L AND REFOIMATORY INSTITUTIONS. [Title 8. TITLE VIII. PUBLIC, CHARITABLE, AND REFORMATORY INSTITUTIONS. CIAPTER I. State Reform School. CIIAPTE II. Connecticut Industrial School for Girls. CIAPTER III. Saldiers' Orphans. CHAPTER IV. Connecticnt ilaspital for the Insane. CHAPTER V. General Provisions. CHAPTER I. State Reformn School. SECTION. SECTION. 1. Established at Mncriden. 7. IIow long boys may l)e kept in the School, 2. Appointment of trustees. and who may be imprisoned. 3. Duties and powers of trustees. S. Limitation of term of commitment. 4. Trustees not to borrow on credit of State. 9. Board of inmates, how paid. 5. Duties of superintendent. 10. Superintendent to render annual account 6. Who may be sentenced to the School. to Controller. 1851. SEC. 1. The land of the State and its appurtenances in Meriden shall Established at lceriden. be and remain the State Reformn School. 1851. 1556. SEC. 2. Its government shall be vested in a board of eight trustees, one Appointment of trustees. from each county, to be appointed by the Senate, two of whonl shall be appointed annually, and the places of the two senior members, as they stand in the order of their appointment, shall be annually vacated. The General Assembly may fill any vacancy for the unexpired term, but if such vacancy occurs during the recess of the Assembly, the Governor may fill it until its next session. 1i51. ISi. SEc. 3. The board of trustees shall manage the interests of the School Duties and powVers of trustees. according to law; adopt rules for its manageml ent and the maintenance of strict discipline therein; provide instruction in religion, morality, and useful knowledge, and in some regular course of labor for the inmates; bind them out, discharge, or remand them; appoint and remove at pleasure a superintendent, not of their number, and other officers; prescribe their duties and compensation; adjust and certify all claims and accounts against said School; and annually report under oath, to the General Assembly, the condition and rules of the School. Trustees not to SEC. 4. The trustees shall not borrow money for the use of the School, borrow on credit of State. upon the credit of the State, nor make any expenditures thereon, beyond appropriations previously made by the General Assembly, except from funds on hand. Chap. 1.] STATE REFORM SCHOOL. 93 SEC. 5. The superintendent shall reside at the School, have the charge 1ss8. 1iss. Duties of superand custody of its inmates and property, and be its treasurer; keep accounts intendent. of all his receipts and expenditures, and of all such property, and account in such manner as the trustees may require; hold all books and papers open to their inspection; and, before he enters upon the duties of his office, give a bond to the State, in such sum, not less than five thousand dollars, as the trustees shall require, conditioned that he shall faithfully account for all property received by him as superintendent and treasurer, and faithfully perform all the duties incumbent on him as such. SEC. 6. Every boy, under the age of sixteen years, convicted of any 1ss1. 1S57. 1864. offence punishable by imprisonment, other than imprisonment for life, ex- Who may be sente]ceddto the cept the offences specified in the fifth section of Chapter VI of Title XIV, School. and the seventh section of Chapter III of Title IX, may be sentenced, in the alternative, to the State Reform School, or to such punishment; except that no justice of the peace shall sentence any boy to said School, under ten years of age, nor unless upon the recommendation, at the time of such sentence, of a majority of the selectmen of the town in which such conviction shall be had; but boys under ten years of age may be admitted to said School, by the approval of the trustees, for a period not less than nine months. SEC. 7. All boys in said School shall there be kept until discharged, 1851. Iow long boys bound out by said trustees, or remanded to prison; and if any boy shall be to be kept in the School, and sentenced to said School, and any two of the trustees, in the absence of the who mav be imprisoned. others, shall deem it inexpedient to receive him, or if he shall be found priso incorrigible, or his continuance in the School shall be deemed prejudicial to its interests, they shall so certify upon the mittimus under which he is held, which, with the boy, shall be delivered to any sheriff, or constable, who shall forthwith commit him to imprisonment, in pursuance of his alternative sentence. SEc. 8. All commitments to said School shall be for a term not longer Limitation of term of cornthan during minority, nor less than nine months, unless sooner discharged mitment. by order of the trustees, as hereinbefore provided; and the discharge of any boy by the expiration of his term of commitment, or as reformed, shall be a release from all penalties and disabilities created by his sentence. SEC. 9. The superintendent shall quarterly, in January, April, July, and 185s. October, present to the Controller a bill at the rate of two dollars a week, Board of infor the support of each boy committed to said School, which, if allowed paid. by the Controller, shall be paid from the treasury. SEC. 10. The superintendent shall render his account of all the receipts, 1851. 1857. and expenses of said School, on the thirty-first day of March in each year, tSo r'ender annlt to the Controller, the same having been first examined and adjusted by the lI account to trustees, and the balance on hand shall be the property of the State, and such part thereof as the Controller may direct shall be paid into the treasury. 9 94 PUBLIC, CHARITABLE, AND REFORMATORY INSTITUTIONS. [Title 8. CHAPTER II. Connecticut Indilstrial School for Girls. SECTION SECTION 1. Who may be sent to the school. 4. Directors may discharge from school. 2. When officers may arrest and procure 5. What facts to be endorsed on mittimus. commitment of girls. 6. Support of girls committed to the school. 3. Costs, how paid. 18S6. SEC. 1. The parent or guardian of any girl between the ages of eight 1870. 1872. Whso may le and fifteen years, or a selectman or grand juror of the town where she may sent to it. be found, may present a written complaint to the judge of the Court of Probate for the district in which such town is, or to the judge of the Police Court of any city where she may be found, or to any justice of the peace of such town, alleging that she has committed any offence within the final jurisdiction of a justice of the peace, or belongs to the class specified in the third section of Chapter II of Title XIV, or in the seventh and eighth sections of Chapter I of Title XI, or that she is leading an idle, vagrant, or vicious life, or is in manifest danger of falling into habits of vice, praying that she may be sent to the Connecticut Industrial School for Girls, and such judge or justice of the peace shall, thereupon after notice to her and such other notice as he may deem proper, inquire into said complaint, and on being satisfied of the truth of the allegations therein, may order her to be committed to the custody of such School, until she shall arrive at the age of eighteen years, unless sooner lawfully discharged, and if he finds that she has committed an offence punishable by imprisonment, other than imprisonment for life, she may be sentenced to the Connecticut Industrial School for Girls, or judgment may be suspended, on such terms, and for such time, as he may prescribe; and said authority may issue a warrant for the execution of such sentence. 1868. SEC. 2. Any proper officer may arrest within his precincts any girl whom When officers may arrest and he shall judge to be between the ages of eight and fifteen years, whom proceed against girls. he shall find in any improper place or situation, and who is, in his judgment, liable to be arrested for any of the offences specified in the preceding section, and make complaint and proceed in the same manner as a parent could do under the provisions of the preceding section. s170. SEC. 3. Said authority shall tax the costs on such complaint and transPayment of cos ts. emit a certified copy of the items of the same to the clerk of the Superior Court for the county in which the trial was had, within thirty days after the trial; and if approved by the State's Attorney for such county, it shall be paid by said clerk, upon the order of such judge or justice. Discharge by dli- SEC. 4. The directors, or any two of them, may discharge from said School rectors. and return to her parent, or guardian, or to the selectmen of the town, any girl who in their judgment ought not to be retained. 18iS0. SEC. 5. The authority committing any girl to said School, shall ascertain Age, &c. to be endorse ion as nearly as possible, and endorse on the mittimus, her age, parentage, mittilmus. birth-place, offence, and such other facts relative to her, as may aid in her proper care and instruction in the School; and the age thus ascertained shall be taken as the true age of said girl with reference to the terim of her commitment. Chap. 3.] SOLDIERS ORPHANS. 95 SEC. 6. There shall be taxed monthly in each year, by the Controller, iS74. Support of girls not to exceed three dollars a week, for the necessary expenses of each girl committed to committed to said School, and the superintendent shall make his bill there- the School. for and present it to the Controller, who, upon finding the same to be just, shall allow it, and it shall be paid from the treasury. CHAPTER III. Soldiers' Orphans. SECTION I SECTION 1. State aid. 6. Penalty for refusal of selectmen to do their 2. Returns of lists of orphans. duty. 3. Controller to draw orders for payment. 7. Persons making false statements, how pun4. Duty of town treasurer. ished. 5. Penalty fob malfeasance. SEC. 1. There shall be paid from the treasury one dollar and fifty cents Isc6. s868. a week for the benefit of each child in this State, under the age of fourteen State aid. years, who has no other adequate means of support, and is not in any poorhouse, whose father served as a Connecticut soldier, or enlisted from this State in the United States navy in the war for the suppression of the rebellion, and died by reason of wounds received or disease contracted in such service, or was reported missing in action and has not since been heard from. SEC. 2. The selectmen of each town and the treasurers of the New 1866. 1S68. Return of list of Haven and Hartford Orphan Asylums, Fitch's Home for Soldiers, and orphans to be the Connecticut Soldiers' Orphans' Home shall, quarterly, return to the made. Controller a written list of the names and ages of all such children rosident in such towns or institutions respectively, with the name of the father, the organization to which he belonged, and the place and date of his death, and certify on such return that all the children named therein are entitled to this State bounty, and have no adequate means of support, which certificate shall be subscribed by such treasurer or selectmen, and verified by affidavits; and such treasurers and selectmen shall, from time to time, report any changes that may occur by reason of the death of such children, or their arrival at the age of fourteen years. SEC. 3. The Controller shall, within ten days after the commencement Controller to of each quarter, draw his order on the Treasurer, in favor of the treasurer draw orders for of each of such towns and institutions for the amount which shall be payable for such children. SEc. 4. The treasurer of each town, upon receiving said money, shall Dnuty of town immediately pay over the proportion of each child to his legal guardian, treasurer. or if there be none, to the person who has the actual custody and control of such child; but the selectmen of such town, if they apprehend that an improper use will be made of the money by such person, may direct to whom such money shall be paid. SEC. 5. Any town officer who shall appropriate or unnecessarily detain Penalties for any money received by him under the provisions of this Chapter, shall pay malfeasance. treble damages to the party aggrieved thereby. 9 6 PUBLIC, CHARITABLE, AND REFORMATORY INSTITUTIONS. [Title 8. Penalty for re- SEC. 6. Any selectman, who shall willfully neglect or refuse to comply fusal of select-en to do their with the provisions of this Chapter, shall forfeit two hundred dollars to duty. the State. Persons makinff SEC. 7. Any person who shall willfully make any false statement to false statemnents, how either of the treasurers of said institutions, or to any of the selectmen of punished. any town, for the purpose of obtaining for any child the benefits of this Chapter, shall be fined not exceeding fifty dollars, or imprisoned for not more than two months. CHAPTER IV. Connecticut Hospital for the Insane. SECTION SECTION 1. Established at Mtiddletown. 7. Admission of patients under special agree2. Board of trustees, how appointed. ments. 3. Duties of trustees. 8. Price of board and treatment. 4. Superintendent. 9. Support of indigent and pauper insane. 5. Treasurer. 10. Support of indigent insane at other hos6. Paupers and indigent persons, how ad- pitals. mitted. 18i6. 1874. SEC. 1. The land of the State and its appurtenances in Middletown Established at I'liddletown. shall be and remain the Connecticut Hospital for the Insane. Board of trus- SEC. 2. Its government shall be vested in a board of trustees, consisttees, how appointed. ing of the Governor, one from each county to be appointed by the Senate, and three from the vicinity of the institution to be appointed by the others. The places of the two senior members of the board in the order of their appointment shall be vacated annually, but they may be eligible for reappointment as junior members. No trustee shall receive compensation for his services. 18s66. ism. SEC. 3. The trustees shall have charge of the general interests of the Duties of trustees. institution, make and execute its by-laws, appoint and remove its officers and attendants, fix their compensation, exercise a strict supervision over all its expenditures, and may receive by bequest, devise, or gift, property for the use of the Hospital. 1867. SEC. 4. They shall appoint a superintendent, not of their own number, Superintendent. who shall be a competent physician and reside in or near the Hospital. Treasurer. SEC. 5. They shall appoint a treasurer, with a salary not exceeding four hundred dollars a year, who shall give a bond to the State of ten thousand dollars to account faithfully for all property received by him as treasurer, and keep accurate accounts of his receipts and expenditures, and of the property entrusted to him, which accounts, with the vouchers, shall be submitted quarterly, and oftener if required, to the trustees, with a written statement of his disbursements and funds in hand; and his books shall be at all times open to the trustees. 186i. 1S6S. SEC. 6. When any pauper in any town may be insane, a selectman of dPiapers and in-s such town shall apply to the judge of Probate of the district wherein said how admitted. pauper resides, for his admission to said Hospital; and said judge shall appoint a respectable physician, who shall fully investigate the facts of the case and report to said judge; and if such physician shall be satisfied that said pauper is insane, the judge shall order such selectman forthwith to take such Chap. 5.] GENERAL PROVISIONS. 97 insane pauper to the Hospital, where he shall be kept and supported so long as may be requisite; and half of the expense of his support shall be defrayed by the town wherein he resides, and half by the State; and when an indigent person, not a pauper, is insane, application may be made in his behalf to the judge of Probate for the district where he resides, who shall appoint a respectable physician, who shall fully investigate the facts and report to said judge, who, if satisfied that such person is indigent and insane, shall order him to be taken, by the person making the application, to the Hospital, where he shall be kept and supported so long as may be requisite; and half of the expenses of his support shall be paid by the State, when the bill for the same shall be approved by the Governor, and half by the person making the application; and when a judge shall issue an order for the admission of any indigent person to the HIospital, he shall record it, and immediately transmit a duplicate to the Governor. SEC. 7. The trustees may authorize the superintendent to admit patients 1867. Admission of into the Hospital, under special agreements, when there are vacancies. patients. SEC. 8. The price for keeping any pauper or indigent person shall be Price, how fixed and when payafixed by the trustees, and shall not exceed the actual cost of support and ble. attendance, and shall be payable quarterly. SEC. 9. There shall be taxed monthly, by the Controller, two dollars ls6;9. 1871. Support of indiand fifty cents for each week's board, at said Hospital and at the Retreat gent and insane for the Insane at Hartford, of all pauper and indigent insane persons be- paupers. longing to this State, and five dollars for each week's board of the State insane paupers, and thq actual expense of clothing for said State paupers; and the superintendent of each of said institutions shall make the bill therefor and present it to the Governor, upon whose approval it shall be paid from the State treasury. SEC. 10. Every town sending any insane person or pauper to any other 1S72. Support of indihospital than the Connecticut Hospital for the Insane shall receive the same gent insane at other hospitals. appropriation from the State, upon the order of the Governor, as is paid by the State for those who have been received at said Hospital. CHAPTER V. General Provisions. SECTION SECTION 1. Religious instruction in reformatory 10. Confinement of lunatics. schools. 11. Proceedings concerning insane persons go2. Inmates of reformatory schools may be ing at large. bound out as apprentices. 12. Inebriates may be committed to an asy3. Parent or guardian may indenture child to lum. reformatory school. 13. Discharge of dipsomaniacs. 4. Privileges of child indentured to a reform- 14. Voluntary patients at inebriate asylums. atory school. 15. Proceedings on information that one is 5. Sentence of girl may be in alterna- wrongfully confined in such asylum. tive. 16. Discharge of patient. 6. How insane persons may be put in place 17. Estate of inebriate liable for his support in of detention. asylum. 7. How committee appointed to inquire into 18. Annual appropriations to General Hospicase of alleged insanity. tal Society of Connecticut, and Hartford 8. Costs to be taxed. Hospital. 9. Patients may be discharged from place of detention for insane. 98 PUBLIC, CIHARITABLE, AND REFORMATORY INSTITUTIONS. [Title 8. SR74. SEC. 1. Equal privileges shall be granted to clergymen of all religious Religious in- b struction in denominations to impart religious instruction to the inmates of the Schools reformatory schools. mentioned in Chapters I and II of this Title; and every opportunity shall be allowed such clergymen to give to such inmates, belonging to their respective denominations, such religious and moral instruction as they may desire; and the trustees of each of said institutions shall prescribe reasonable times and places, not inconsistent with its proper management, when and where such instruction may be given, which shall be open to all who may choose to attend. 1851. 186S. SEC. 2. The trustees of the State Reform School may bind out as apInmates of reformatory prentices, and the directors of the Connecticut Industrial School for Girls schools may be bound out as may bind out to service, persons committed to such Schools respectively, for apprentices. a term: not exceeding the term of their commitment. 1859. 1868. SEC. 3. Any parent or guardian may indenture a child or ward to the Parent or guardian may inden- State Reform School, or to the Connecticut Industrial School for Girls, on ture child to reformatory such uniform terms as may be agreed between such parent or guardian school. and the trustees or directors of said Schools, the expense to be paid quarterly, in advance; and in case of any failure on the part of such parent or guardian so to pay said expense, the superintendent of said State Reform School, or Connecticut Industrial School for Girls, as the case may be, may sue on such agreement. 1859. 1874. SEC. 4. Every child indentured or admitted to the State Reform School, Privileges of child iiidentur- or the Connecticut Industrial School for Girls, shall be entitled to the same ed to a reformatory school. supervision, medical treatment, support, and education, and subject to the same regulations, employment, and restraint, as all its other inmates. s180. SEC. 5. The sentence of any girl to the Connecticut Industrial School Sentence of oirl may be in the for Girls, may be in the alternative, as in the case of sentences to the State alternative. Reform School. 1869. SEC. 6. Any insane person may be put in any suitable place of detention How insane persons may be put on the presentation of a certificate, made within thirty days, signed by some in place of de- tention. reputable physician, that he has made a personal examination of such person, within one week prior to the date thereof, and that such person is insane, which certificate shall be sworn to before some officer authorized to administer oaths in the State where it is given, who shall certify to the genuineness of the signature thereto, and respectability of the signer; and any such person may be removed by the person placing him in such place of detention. o1869.ie SEC. 7. On a written complaint, made to any judge of the Superior How committee to be appointed Court, that a person named therein is insane and unfit to go at large, such to enquire intoar case ofale judge shall immediately. appoint a committee consisting of a physician and two other persons, one of whom shall be an attorney-at-law, judge, or justice of the peace, who, after such person has been notified according to the order of such judge of the Superior Court, shall inquire into such complaint, and report to him the facts of the case and their opinions thereon; and if, in their opinion, such person should be confined, such judge shall issue an order therefor. Costs. SEC. 8. The judge before whom any of the proceedings provided for in the preceding section are had, shall tax reasonable costs, at his discretion, and issue execution therefor. iescharT e of Pa- SEC. 9. Persons in charge of any place of detention for the insane may sane retreats. discharge persons placed therein, at their pleasure. Chap 5.] GENERAL PROVISIONS. 99 SEC. 10. If any dangerous insane person shall go at large, a justice of the Confinement of peace and the first selectman of the town, where he belongs or resides, on such certificate of a respectable physician of such town as is required in the sixth section of this Chapter, shall order him to be confined in some suitable place; and if the person under whose care he shall be, or who is bound to support him, shall not confine him in such place and manner as they shall direct, they shall provide for his confinement and support in some suitable place. SEC. 11. When any insane person shall go at large in any town, any per- Proceedings concerning inson may complain to any selectman or justice of the peace of said town, and sane person1s; if he do not, within three days thereafter, provide for the confinement of going at rge. such insane person, agreeably to the preceding section, the complainant -may complain in writing, under oath, to any justice of the peace in said town, informing him that such insane person is unfit to go at large; and such justice shall thereupon issue his warrant to any constable of such town, commanding him, forthwith, to bring such insane person before some justice of the peace residing in the same town, who upon finding that such insane person is unfit to go at large, may order him to be confined in some suitable place for such time as he shall deem proper; Sbut he mlay, at any time thereafter, for just cause, order his discharge; and the Superior Court, on the petition of any person so confined, or of his relatives, to which petition the town where he belongs shall be made respondents, may makle any proper order with respect to his future disposal. All expenses incurred under this and the preceding section shall be paid out of the estate of such insane person, if he has any; if iot, by his relatives liable by law to support him, if of sufficient ability; and if there be none such, then by the town to which he belongs. SEC 12 \When any person shall have become an habitual drunkard, a 1874. Inebriates may dlpsomaniac, or so addicted to the intemperate use of narcotics or stimulants be committed to an asylum. as to have lost the power of self-control, the Court of Probate for the district in which he resides, or is domiciled, shall, on application of the selectmen of the town where lie resides, or is domiciled, or of any of his relatives, and after such reasonable notice to him as it may prescribe, make due inquiry, and if it shall find him to be an habitual drunkard, or so far addicted to the intemperate use of narcotics or stimulants as to have lost the power of self-control, shall order him to be taken to some inebriate asylum in this State, for treatment, care and custody, for not less than four nor more than twelve months, but if he shall be found to be a dipsomaniac, his commitment shall be for three years; but the court shall not in either case make such order without the certificate, under oath, of at least two respectable practicing physicians, given after a personal examination, made within one week before the time of said application or commitment, that, in their opinion, such person has become a dipsomaniac or an habitual drunkard, or has, from the intemperate use of narcotics or stimulants, lost the power of self-control, and ought to be placed in care of some inebriate asylum. SEC. 13. Any person so committed as a dipsomaniac to any inebriate Dipsomaniacs asylum in this State, may, after one year of treatment therein, be permitted ha, ledhvden.cl i,by its managers to go at large on probation and without custody or restraint, for such time and under such conditions as they shall judge best. 100 PUBLIC, CHARITABLE, AND REFORMATORY INSTITUTIONS. [Title 8. Voluntary pa- SEC. 14. The managers, trustees, or directors of any inebriate asylum, tients at inebriate asylum. established by the laws of this State, may receive any inebriate or dipsomaniac who shall apply to be received into such asylum, retain him one year, and treat and restrain him in the same manner as if committed by the Court of Probate. Proeedins on11 SEC. 15. Any judge of the Superior Court, on information to him that atwrongfully con- any person is unjustly deprived of his liberty, by being confined in any inefinedin sumch briate asylum of this State, may appoint a commission of three persons, who shall hear such evidence as shall be offered touching the case, and, without summoning the party before them, have one or more private interviews with him, and also make due inquiries of the physician and superintendent having charge of said asylum, and, within a reasonable time, report to said judge; and if, in their opinion, the party is not legally detained, or is cured, Commission said judge shall order his discharge; but no commission shall be appointed may be issued, how often. with reference to the same person oftener than once in six months. Discharge of SEC. 16. Persons placed in any inebriate asylum, under any of the propatients. visions of this Chapter, may be discharged by its managers, pursuant to its regulations. Estate of ie- SEC. 17. The estate of any inebriate or dipsomaniac, received by or coinbriate liable for his support at mitted to any inebriate asylum, shall be liable for his support therein; and asylum, &tc. the expenses of any of the proceedings herein provided for shall be paid in the manner and by and to the person that the court or judge before whom the case shall be had shall order and direct, and such court or judge is hereby authorized to issue execution for such costs accordingly. 1854. 1861. SEC. 18. Two thousand dollars shall be annually paid from the treasury Anntual appropriations to to the General Hospital Society of Connecticut and the same sum to the g;eneral Hospital Society of Hartford Hospital, to be expended under the direction of the Governor and Connecticut. and Hartford the managers of said institutions respectively, for the support of charity patients, and so used as to benefit the different towns as they may, from time to time, make application; a report of which expenditure shall be made annually to the General Assembly. Chap. 1.] THE STATE PRISON. 101 TITLE IX. PRISONS. CHAPTER I. The State Prison. CHAPTER It. County Jails. CHAPTER III. Work Houses. CHAPTER I. The State Prison. SECTION SECTION 1. Established at Wethersfield. S. Discharge of prisoners detained for costa. 2. Appointment of warden, chaplain, physi- 9. When convicts to be allowed for their labor. cian, &c. 10. Expense of recommitment of escaped pris3. Duties of directors. oners. 4. Duties of warden. 11. Prison may be used by United States. 5. Punishment of guards: rules as to visitors 12. Transfer of prisoners to jail, when prison is and intruders. out of repair. 6. Duties of chaplain. 13. Exemption of prison officers from arrest. 7. Overseers. SEC. 1. The land of thile State, and its appurtenances, in Wethersfield, 127.i Establihhed at shall be and remain the State prison. Wethersfield. SEC. 2. The directors shall appoint, and remove at pleasure, a warden 1827. 1831. 1835. of said prison, who, before entering upon the duties of his appointment, Appointment of warden, chapshall execute a bond to the State, with two or more sufficient sureties, to lail. and phystheir acceptance in five thousand dollars, for the faithful discharge of his duties, and shall be sworn; and a chaplain and a physician of said prison, who shall receive such compensation from the prison funds as shall be fixed by the directors; and shall also appoint, in writing, on the nomination of the Of subordinatc warden, to be removed by him only, all the subordinate officers of said officers. prison, who shall be sworn before one of the directors. SEC. 3. The directors shall, at all times, have free access to every part 1856. 186f; Duties of directof the prison, and to the prisoners, and to all the accounts of the warden; ors. make all necessary rules for the government of the prison, and employment of the prisoners; collectively attend twice in each quarter at the prison; quarterly audit the accounts of the warden; examine at every meeting into the condition of the prison and the prisoners; and report annually to the General Assembly the condition of said prison, together with any proper suggestions as to the criminal laws, and the laws relating to said prison; which report shall be published, and a copy thereof sent to the Secretary of 102 PRISONS. [Title 9. each State of the United States. No director shall act as counsel for any prisoner applying for release. 18527 156.G SEC. 4. The warden shall manage the prison, subject to the rules of 1862. 18i6. Power and the directors and their written orders, and shall be assisted by not exceed. duties of the warden. ing twelve officers and men, to be nominated by him, and approved by the directors, and duly sworn; he shall keep all the prisoners employed in Punlisment of such labor as the directors shall order, during the term of their imprisonconvlicts for disobedience. ment; and in case they are disobedient or disorderly, or do not faithfully perform their task, may put fetters and shackles on them, and moderately whip them, not exceeding ten stripes for any one offence, or confine them Records. in dark and solitary cells; and shall keep a record of the punishment inflicted upon each prisoner, showing its cause, mode, and dclgree, and a like record of the conduct of each prisoner; and for each month in which he appears, by such record, to have been obedient, orderly, and faithful, three Shorteloinlpris- days shall, with the consent of the lirectors, be deducted from his term of good conduct. sentence; and for each month that it shall appear, from slchu record, that his conduct has been positively good, and that he has rendclered a prompt and cheerful obedience to the rules of the prison, five days shall be deducted Employing con- frnom such term. The warden may, with the consent of the directors, employ vic-, outside of prison. the prisoners not exceeding ten at a time, outside the prison walls, within one and a half miles thereof, under the charge of some proper officer of To provide for the prison. He shall provide for -said prisoners suitable food and clothing, support of coniC'ics. and proper implements and materials for their work, and shall provide for tile relief of any sick or infirm prisoner, and shall be paid for the same out of the earnings of said prisoners, if sufficient, and if not, by the State; To be general shall superintend the labor and conduct of the prisoners; act as the general a cont of the prison. agOn-lt of the prison, in the purchases and sales therefor, which shall be for cash only; keep accurate accounts; render the same to the directors at their quarterly meetings, and when requested communicate to them any informaAnnlual ac- tion in his knowledge respecting the prison; annually, in lMay, and oftener counts. if required, settle his accounts with the Controller or such other person as the General Assembly may appoint; and may, in his own name, as warden, sue on any contract made by him in the business of said prison. 1Pi27. of SEC. 5. The warden shall make proper regulations for the government Punisinnent of grua rds an d over- and punishment of the guards and overseers of said prison; but no punishment shall be inflicted, except a fine not exceeding three months' wages, and the forfeiture of their clothing supplied by the State; and shall make Regulations as regulations relative to persons admitted within, or found lurking without, to visitors, or intruders. the prison yard, and enforce the same by apprehending the offenders and placing them under guard or excluding them from the environs of the prison; and in case of obstinacy, or apparent design to assist the prisoners to escape, by confining them for not longer than twenty-four hours, in any suitable apartment of the prison, except the cells, until they can be otherwise disposed of. 1831. SEC. 6. The chaplain shall devote his whole time to the religious instrucDuty of chaplain. tion and moral improvement of the prisoners; and suitable apartments shall be provided for Sunday-school instruction, to be conducted under the superintendence of the warden and chaplain, subject to the rules of the directors. 1s27. SEc. 7. There shall be an overseer of each department of business in the Overseers. prison, nominated by the warden, and to be removed at his pleasure who Chap. 2.] COUNTY JAILS. 103 shall keep an account of its business and expenses, and render the same to the warden when required. SEC. 8. Every prisoner, detained only for the payment of costs, shall be Discharme of prisooncrs deallowed for his labor customary journeyman's wages for like labor; but if, tainedilorcosts. in the opinion of the directors, he shall be unable to pay said costs, and has conducted well during his confinement, the warden may accept the note of such prisoner, payable to the State, for the amount of such costs, and discharge him. SEC. 9. Every prisoner held in said prison, for non-payment of a fine, s360. Convicts to be shall be allowed one hundred dollars a year, for his labor, from the time allowdcl for labor, when. when his imprisonment for the non-payment of said fine commenced, if, in the opinion of the warden and directors, he shall have been submissive to the officers of the prison during his confinement, and conducted himself as a faithful prisoner. SEC. 10. If any escaped prisoner shall be retaken and recommitted, the is2r. expenses of the pursuit and recommitment, as allowed by the directors, shall commpeitmnsesnt of be added to and deemed a part of the original costs of prosecution; and the "esaped prisontime of confinement of any prisoner in dark and solitary cells, and the time between the escape of any and his recommitment, shall not be computed as part of his term of imprisonment. SEC. 11. The prison may be used, under the authority of the United 1ssT. 1864. Prison may be States, for confining any person sentenced to imprisonment by any court of used by United the United States within the District of Connecticut; and the warden and States. directors of the prison may contract with the United States for the use of said prison, for confining any prisoner of war, or person sentenced to imprisonment and labor by any civil, naval, or military tribunal of the United States; but the expense of supporting and confining such prisoners shall be paid by the United States. SEC. 12. When and so long as said prison shall be out of repair, the 1830. bWhen prisoners prisoners may be. may e confined in jail. SEC. 13. The warden, the offipers and privates of the guard under his s182. 1864. Exemption of command, and the overseers, shall not be liable to imprisonment in any prison offcers civil suit; but when any just claim, to the amount of fifty dollars, against the warden, shall not be paid on demand, the directors shall discharge him; and when any such claim against any officer, guard, or overseer, shall not be so paid, the warden shall discharge him, as soon as the safety of the prison will admit. CHAPTER II. County Jails. SECTION SECTION 1. Location in each county. 8. Jailers not to furnish liquor to prisoners. 2. Sheriffs to have charge of jails; appoint- 9. Prisoners to pay expense of their conveyment of keepers. ance to jail and support. 3. Polwers of County Commissioners over 10. County Commissioners may order prisonkeepers. ers to work, and appoint inspectors. 4. Chaplains. 11. Jailer to provide for prisoners on crimi5. Bedding and ftel for prisoners. nal process: his general agency. 6. Prisoners may provide their own food, &c. 12. How prisoners held for fine and costs may 7. Damages anti fine for ill treating prisoners. be discharged. 104 PRISONS. [Title 9. SECTION SECTION 13. Secretary to transmit forms of returns to 22. Second application for oath, how made. County Commissioners. 23. Review, on application of creditor. 14. County Commissioners to report annually. 24. When expenses of plaintiff shall be paid by 15. Penalty for neglect. prisoner. 16. Liberties of jail. 25. Removing prisoners to another jail on ac17. Prisoners on civil and criminal process not count of sickness. to he lodged together. 26. Prisoners in a county having no jail: re18. Support to prisoners on civil process. moval from one jail in a cotnty to another. 19. Proceedings preparatory to taking poor 27. Jails may be used by United States. debtor's oath. 2S. Liabilities of counties for escape. 20. Applicant may be examined under oath. 29. Miittimus. 21. Prisoners on civil process, when to be fur- 30. Definition of "jailer." nished with necessaries. 1667. SEC. 1. There shall be a common jail in each of the towns of Hartford, 1702. 1726. 1704. 1751. 1784. 1785. New Haven, New London, Norwich, Bridgeport, Danbury, Brooklyn, LitchTheir location in each county. field, Middletown, Haddam atnd Tolland. i1724.s to SEC. 2. Sheriffs shall have the charge and custody of the jails in their Sheriffs to be keepelrs of tle respective counties, and may, with the approval of the County Commissionjails, and may appoint jailers. ers, appoint jailers under them; and shall be responsible for all damages which any person shall sustain through the fault of any person so appointed by them, having the charge of such jails.* 1837. SEC. 3. The County Commissioners, in their respective counties, shall fix 1841. 1864. Powers ofCounn- the compensation of the jailers, and the sum to be received by them for ty Commissioner in relation to boarding prisoners, not exceeding three dollars a week; and may prescribe lkeepers. the duties of such jailers, and require them to give bonds to the county treasurer, with surety, to the acceptance of such Commissioners, for the faithful performance of their duties. 1845. SEC. 4. The County Commissioners may employ a chaplain in any jail of Chaplain, how ~appvointei1 and their respective counties, and prescribe his duties and compensation, which plaid. shall be paid out of the net earnings of said jail. e s64. SEc. 5. Suitable bedding for the prisoners shall be furnished in each Beddin- and f,.el to be fur- county, under the direction of the County Commissioners, at the expense of naished. the county; and the sheriff of each county shall make the necessary requisition upon them for sufficient fuel for the prisoners, which shall be furnished by such Commissioners; and if they shall neglect to answer such requisition, he shall supply it, and the expense thereof shall be taxed by a judge of the Superior Court, and paid by the county treasurer. 1702. SEC. 6. All prisoners shall be permitted to provide, and send for, Prisoners may provide their their own food and use their own bedding or other necessaries, free from owIn necessaries. charge. Damages and SEC. 7. If any jailer shall do any wrong or injury to a prisoner in his fine for ill treating prisoners. custody, he shall pay treble damages to him, and shall also be fined not exceeding one hundred dollars. 1844. SEC. 8. Every jailer, who shall furnish or suffer to be furnished to any furnislers notliquors prisoner any intoxicating liquors, except as medicine, shall forfeit not exto prisoners. ceeding twenty dollars to the town where the jail is. 1702. SEC. 9. Every person committed to the common jail for any offence, expenlselthaiY shall pay the expense of conveying him there, and of his support while convevance to jaill, &c. there, before he shall be discharged.t ~ For what acts of the jailer the sheriff may be liable, the extent of the liability, and the remedy against the sheriff, see 3 Conn., 423; 3 Conn., 427. What will excuse the sheriff from liability. 2 Conn., 473. In regard to the remedy for the sheriffs, see 8 Conn., 63. t The town in which the jail is, not liable for any expense. 5 Conn., 185. Nor the town from which the accused was sent to prison. 7 Conn., 529. Chap. 2.] COUNTY JAMLS. 105 SEC. 10. The County Commissioners may require all convicts to work, Cm137 Commissionlelrs according to their ability; permit other prisoners, if they desire it, to be may ordell risprovided with materials for work and employment, whose net earnings shall at work, &c. be paid to them, if acquitted; require the jailer to superintend the conduct and labor of the prisoners; prescribe rules for the management of such jail, and the government and employment of the prisoners; and appoint not Mayappoint inexceeding three inspectors, and fix their compensation, who shall visit the spectors. jail when said Commissioners shall prescribe, and at least once a month Duty of inspectexamine into its management, and examine and audit the accounts of the orS. jailer when the Commissioners shall direct, and may make regulations, subject to be annulled by them. SEC. 11. The jailer, under the rules of the County Commissioners and Ja1ie837.pro inspectors, shall procure suitable food, clothing. and medical aid for prison-'ido,fl'iso ers committed on criminal process, and such implements and materials as process. shall be ordered, which shall be paid for out of the earnings of the prisoners, if sufficient, and if not, by the county; and act as the agent of the county, in making purchases and sales and taking receipts for or on ac- To be teneral count of such jail, and his accounts shall be open at all times to the jail. inspection of such Commissioners and inspectors, and be kept in such manner as they shall prescribe. SEC. 12. Every convict held only for fine and costs, or either of them, is 33. shall be discharged by the State's Attorney for the county, when the labor of,for,ij,''ers such convict at the rate of two dollars a week shall amount to said fine and dfi.caylle costs, but no convict shall be held in jail for the costs, if unable to pay them, on any one conviction, more than four months. SEc. 13. The Secretary shall, in March, annually transmit to the County 1s8,s. Secretary to Commissioners blank forms of returns concerning jails, for the year endinog fralleslit blank forms ot' returns the thirty-first day of March, as prescribed in the forty-seventh section of to (County ColnChapter III of Title LI, in the General Statutes of 1866. SEC. 14. The County Commissioners, and in case of their neglect, any Commissioners - to answer the one of them shall, on or before the tenth day of April, annually, transmit inquiries, ald transmeit abto the Secretary true answers to the inquiries in said blanks, with a full stract of county abstract of the annual account of the county treasurer for the year ending accounts. the thirty-first day of March next preceding, as audited by them, showing the amount and sources of moneys received, the expenditures made, and for What purposes, the balance, if any, remaining in the treasury, or the indebtedness of the county, if any, at the close of such year; and the Secretary shall report an abstract of such answers, in printed form to the next General Assembly. SEC. 15. Every County Commissioner, who shall neglect to transmit Penalty for neglect. such returns, shall forfeit twenty-five dollars to the State, and shall not receive any compensation for his services; and when the Secretary shall find that any Commissioner is liable to such forfeiture, he shall give notice to the State's Attorney for the county in which such Commissioner resides. SEc. 16. The County Commissioners may designate a reasonable space Liberties of of ground adjacent to each jail for the liberties thereof, and may alter the ja. same; and the sheriff shall permit any person in his custody, on civil process, to go at large in the said liberties, upon giving to the sheriff a bond to his acceptance, with surety, conditioned that he will remain a prisoner within said liberties, until lawfully discharged; and may require a new bond with sureties; and on the neglect of the prisoner to give it, may 106 PRISONS. [Title 9. commit him to close confinement until he shall give it; and may commit any prisoner to close prison, when he has voluntarily departed from said liberties. 702.Prsoers o SEC. 17. Prisoners on civil process shall not be lodged in the same room Prisoners on civil and crilli- vwith prisoners on criminal process. nal process, to be lodged apart. SEC. 18. The jailer shall not be obliged to furnish support to any prisSupporlt to prisoners on civil oner committed on civil process, except as is hereinafter provided. process. 1702. SEC. 19. Any prisoner on civil process may apply to a justice of the 1766. 17S9. 1798. Proceedings peace, to take the oath provided for poor debtors, and shall cause nopreparatory to taking poor tice, signed by a justice of the peace, to be given to the adverse party, if an inlhabitant of the State, otherwise to his attorney, to appear and show reason why such oath should not be administered; which notice shall be served at least four days inclusive before the day specified for administering said oath, by some proper officer or indifferent person, who shall leave an attested copy thereof with the person to be notified, or at his usual place of abode; and the justice of the peace to whom such notification is returnable shall inquire into the matter, and if no sufficient reason is shown to the contrary, administer to such debtor the following oath: 179orm 8th. You, A. B., solemnly swear that you have not any estate, in possession, Form of oath. reversion, or remainder, of the value of seventeen dollars in the whole, or sufficient to pay the demand for which you are imprisoned, except what is by law exempt from execution, and that you have not, directly or indirectly, disposed of all or any part of your estate, thereby to secure the same, or to receive or expect any advantage therefrom, or to defraud your creditors; so help you God. 17s9. The jailer shall thereupon discharge such prisoner from jail, unless the Prisoner to be discharced, un- creditor shall give to him immediate notice, in writing, that he intends, less creditor give written no- within fifteen days thereafter, inclusive, to apply for a review, and lodge tice of review. with the jailer such sum of money, for a weekly maintenance, as the County Commissioners shall require in such cases; and when any prisoner shall take such oath upon several civil processes, such weekly allowance shall be paid by the parties by whom he is detained in prison, in equal proportions; and the jailer shall pay to such prisoner, every week, the amount of his weekly allowance, if by him requested.t 1528. SEC. 20. No person shall be admitted to take the poor debtor's oath, who Applicant may be examined on shall refuse to be examined under oath, by the adverse party, on the hearing oath. of such application or any review thereof. Prisoners on SEC. 21. Any prisoner on civil process shall be furnished at his request civil process, helln to be fur- with necessaries by the jailer, if he shall immediately apply to take the nished with necessaries. poor debtor's oath; and if said oath shall be so administered, said jailer shall not stand charged with such prisoner, unless the plaintiff shall leave money for * Whether the order should be passed at a meeting of the Commissioners held in the county. 5 Day, 506. Order fixing the limits of prison, how construed. 2 Conn., 382. What does not change prison limits. 25 Conn., 410. Effect of a voluntary return to prison. 2 Conn., 473. Employment of a debtor while on prison limits, to render service to the jailer, in connection with the care of the jail, does not constitute a voluntary escape. 25 Conn., 410. Contract with sheriff, in form of bond, though not sealed, valid. Rule of damages and other points in action on such contract. 8 Conn., 63. t Form of notification. 2 Day, 502.' Administration of the oath a ministerial and not judicial act. 3 Conn., 107. Taking the oath falsely and corruptly is perjury. 11 Conn., 408. When prisoner may be discharged after the administration of the oath. 4 Day, 45. Rule of damages against sheriff for a voluntary escape. 3 Conn., 423. What will excuse the sheriff. 2 Conn., 473. When an escape is an offence. 7 Conn., 384. The prisoner is entitled to'the money left by the creditor with the jailer for his board. 3 Conn., 499. Chap. 2.] COUNTY JAILS. 107 his support as aforesaid, and also pay for the same, from the time when he made application for support, until he took the poor debtor's oath, at the rate established for his weekly maintenance, if such time shall not exceed seven days; and if the plaintiff shall not pay for such support of such prisoner, before his taking the poor debtor's oath, the jailer may-recover the same of such plaintiff, or if he shall be unable to pay it, of the town where such prisoner belongs; and if he does not belong to any town in the State, it shall be paid by the State. SEC. 22. AVhen any prisoner shall have applied to take such oath, and 1 89. Second applicabeen refused, he shall not afterwards make application therefor unless his tion for tle oath, how made. circumstances have changed, except to a judge of the Superior Court, Court of Common Pleas, or District Court, or to a County Commissioner and a justice of the peace in said county, giving notice, as aforesaid, who may administer said oath, if no sufficient cause is shown to the contrary, and the prisoner shall thereupon be released.* SEC. 23. WThen such oath shall be administered by a justice of the peace lst4. 1;s.. 1s82. 1s83. upon the original application, the adverse party may, within fifteen days there- Review, on application of after apply to a judge of the Superior Court, Court of Common Pleas, or Dis- creditor. trict Court, or to a County Commissioner and a justice of the peace in said county-, to review the cause, which application shall be returnable in fifteen days after it is made; and reasonable notice thereof shall be given the prisoner; and if the court of review find that said oath ought not to have been administered, he shall thenceforward be holden in prison, in the same manner as though it had not been administered; and if said application shall not be made within said first period of fifteen days, or shall be discontinued, the debtor shall be discharged from jail at the expiration of said time, or upon such discontinuance, and if said court of review shall reject said application, he shall be forthwith released. SEc. 24. The creditor may collect on execution all necessary expenses, W1o0. When expenses; for the detention and maintenance of any such prisoner in jail, when said of plaintiff shall 1)e, paid by the oath shall not be administered to him, before he shall be discharged. lisoller. SEC. 25. When the prisoners in any jail shall be exposed to any ma- 1 Removing prislignant sickness, the County Commissioners of the county, in which it ollers to another jail on account is, shall cause them to be removed, at the expense of the State, to the of sickness. next jail, in the same, or an adjoining county, there to be kept until such sickness shall abate; when they shall, by such Commissioners, be removed back, at the expense of the State, to the place from which they were taken; and all keepers of jails, to which such prisoners may be so removed, shall receive and keep them safely until they shall be remanded as aforesaid, or lawfully released. SEC. 26. When any county shall be destitute of a jail, any person in 17s4. Prisoners in a such county, liable to be imprisoned, may be imprisoned in the common county having jail of an adjoining county. The sheriff of any county, having more than no jail. one jail, may, with the consent of the County Commissioners, remove any esoo. IRemoval of convict from one of said jails to the other, there to be kept during the re- prisoners to the mainder of his lawful confinement; and such consent, indorsed on the mitti- ountlies having mus, shall be sufficient authority to the keeper of any jail to hold such pris- two. oner in the same manner as if he had been originally sentenced to such jail. * When a secon(t application imay be made to a justice of the peace. 5 Conn., 202. 108 PRISONS. [Title 9. Jlst1794. SEC. 27. County jails may be used under the authority of the United Jails to be used under authority States, for the confinement of prisoners; and any officer, acting under the of United States. authority of the United States, shall have the same liberty to use said jails, under the authority of the United States, as the keepers of said jails have under the authority of this State.* Liability of SEC. 28. If any person, committed on any civil process to any jail, shall Liability of counties for es- escape through any defect of such jail, the costs and charges occasioned cape through insufficiency of thereby, and the damages sustained by the party in whose behalf said prisjail. oner was committed to jail, by reason of such escape, shall be paid out of the treasury of the county in which such jail is, and the Superior Court in that county, upon proper application, shall ascertain said costs and damages, and order payment accordingly, + but no person shall be thereby deprived of any remedy, to which he may be otherwise legally entitled; and, if satisfaction may be had from the person escaping or his abettors, the county shall not be liable for said damages. 1S24. SEC. 29. No person shall be committed to prison without a mittimus, MittlMus. signed by a proper magistrate, declaring the cause of commitment, and requiring the jailer to receive and keep him in jail until legally discharged; which mittimus shall be a sufficient authority to the officer to commit such person, and to the jailer to receive and hold him in custody. 1874. Definition SEC. 30. The term jailer, as used in this Chapter, shall include the sheriff, Definition ef'"jailer." or any person under him in charge of a jail. CHAPTER III. Work Hiouses. SECTION SEcTIoN 1. Towns may establish work-houses. 11. Jailer to be master of county work-house: 2. Selectmen to be their overseers. assistant masters. 3. Duties of master. 12. Inspectors of county work-house. 4. Escape of prisoners, how punished. 13. Accounts of county work-house to be au5. Expense of supporting prisoners, how de- dited annually. frayed. 14. Avails of labor to be paid to State. 6. Separation of the two sexes. 15. Persons may be committed to town or 7. Who may be committed to work-house. county work-house, or to jail. 8. Union work-house. 16. When prisoners may be discharged from 9. When jails may be used as county work- county work-houses. house. 17. Sentence of convicts to jail or county 10. Rules, how established. work-house. Towns may es- SEC. 1. Any town may establish a work-house, and provide suitable tablish work- buildings for the confinement of offenders sentenced thereto; furnish houses. materials for their work, direct the kind of labor, and the manner and place in which it is to be performed, either in or out the work-house; and make any lawful regulations necessary to carry into effect the provisions of this Chapter. Selectmen to be SEC. 2. The selectmen shall be the overseers of the work-house, may overseers of work-houses. appoint and remove for misconduct, a master of the same; superintend and direct him, as to the management, labor, and food of the prisoners; visit * The Marshal of the United States for the District of Connecticut, may be imprisoned in the county jails. 2 Day, 300; 2 Day, 304. t'When counties are liable. Kirby, 318; 1 Root, 450. Rule of damages against counties. 1 Root, 126; 1 Root, 155; 1 Root, 278; 1 Root, 357; 1 Root, 505; 2 Day, 195. Chap. 3.] WORK HOUSES. 109 such work-house at least once in three months; see that the law is duly executed; and take care that the prisoners are suitably provided for. SEC. 3. The master shall receive all persons lawfully sent there, and Di ma Duties of maskeep them employed in such labor as they shall be able to perform; and if ter. any of them shall refuse to work in a proper manner, may put them in close confinement until they shall obey his orders, and in case of great obstinacy or perverseness, may reduce them to bread and water, until they shall be brought to obedience. SEC. 4. If any offender shall escape from the work-house, the master Escape of prisoners, how may re-take, and bring him back, and require all necessary aid for that punlisied. purpose, and when brought back, confine him to his work in such manner as he may judge necessary, or put him in close confinement until he shall submit to the regulations of the work-house; and for every escape, one month shall be added to the time for which he was committed. Sec. 5. Each town shall provide for the support of its prisoners in i727. Expense of supthe work-house; and if their earnings are insufficient to pay for it, it portinse prisolners, hdw defrayshall be borne by the town, except in the case of prisoners able to pay it, ed. and of children and apprentices, who have parents or masters able to pay it, in which case it shall be paid by them; and the master of each workhouse shall account to the overseers, once in six months, for the expense of the work-house, and of the labor and earnings of the prisoners; and if any persons committed to the work-house are not able to work, they shall be properly taken care of, if possessed of estate, at their own expense, if not, at the expense of the town where they belong. SEC. 6. Males and females shall be confined and kept separately. Separation of sexes. SEC. A. All idle persons without visible means of support, all beggars 172e7. 1;(9.. Who may be who go from door to door or beg in the highways, all who travel from committed to place to place without any lawful occasion, all persons sleeping in outhouses, barns, or in the open air, who can give no good account of themselves, all persons camping on the public highway without the consent of the selectmen of the town, or on private property without the consent of the owner, all brawlers and fortune-tellers, all persons who leave their wives or children to be supported by the town, all lewd and dissolute persons who frequent houses of ill-fame, and all common prostitutes and common drunkards, may be committed to the work-house, and sentenced to hard labor for not exceeding sixty days; and on a second conviction for the same offence, may be sentenced to the work-house for not exceeding one hundred and twenty days.* SEC. 8. Towns may join in building, occupying, or maintaining a work- Union workhouse. house, on such terms as they shall agree. SEC. 9. When any jail shall have suitable accommodations for a county 1713. 1s84. is-u. work-house, the County Commissioners shall make a certificate thereof, h)ensjdalsouywhich shall be recorded in the records of the Superior Court for such ty wor-houses. county, and published by its clerk in each newspaper published in said Certificate to be county; and thereafter all persons, liable to imprisonment in such county published. work-house, may be committed thereto. SEC. 10. The County Commissioners may establish rules for the regu- RIles, how eslation and government of such work-house, and shall direct as to the labor tablished. to be performed by the prisoners, and the discipline to be enforced therein. * In regard to order of commitment, duty and liability of master, &c., see 3 Conn., 502. 10 110 PRISONS. [Title 9. Jailer to be the SEC. 11. The jailer shall be the master of such work-house, and said master: assistant master. Commissioners may appoint and remove an assistant master of such work house, and prescribe the duties to be performed by them respectively; and said master and assistant master, when required by said Commissioners, shall each give bonds, with surety, to the county treasurer for the faithful performance of the duties of his office. Inspectors. SEC. 12. When a county work-house shall have been provided, the County Commissioners shall appoint three inspectors of it, whose powers and duties in relation thereto shall be the same as those of inspectors of common jails. Accounts to be SEC. 13. An account of the receipts and expenditures of such county audited annualwork-house shall be carefully kept, and audited by said inspectors as often as once in each year; and a copy of said accounts, so audited, shall be lodged with the county treasurer, and said inspectors may direct as to the manner in which said accounts may be kept by said master. Avails of labor SEC. 14. Such inspectors shall cause an account to be kept of the avails to be paid to State. of the labor of each person committed to the work-house, except convicts for crime sent to the county work-house, as is provided in the succeeding section, and shall pay such avails, after defraying the necessary expenses of such county work-house, to the State, on or before the fourth day of March, annually. 1S3S. SEC. 15. Any person, liable to be committed to any town work-house, Persons mav be committed to may be sentenced to be committed to the town work-house, if any there town or county work-house. or be in such town, or to the county work-house, or to the common jail in the common jall. county, and where there are two such jails in such county, to either jail which may be a county work-house, there to be kept at hard labor, for not exceeding sixty days, and until the costs of prosecution and commitment shall be satisfied; and if he shall be a second time convicted, he may be confined for not exceeding one hundred and twenty days, and until such costs of prosecution and commitment shall be satisfied. Wrhen prisoners SEC. 16. When the inspectors of a county work-house shall be of opinion may be disclharred. and on that any person, committed to it, under the preceding section, has so conwhat ternis. ducted himself, or is so unwell, that he should be discharged, they may discharge him, upon his paying what remains due of the costs of prosecution and commitment, including his support while so confined; or, if they shall be of opinion that he is unable to pay or secure such costs, they may take his note therefor, payable to the town from which such commitment shall have been made, and discharge him; and it shall pay to the treasurer of the county whatever may remain due for his support, while so confined, and, upon payment thereof shall receive said note; and when any person, so confined, shall be held only for the payment of fine and costs, and shall have no means to pay the same, the inspectors may take his note therefor, payable to the treasury which is liable for the payment of such costs, and he shall thereupon be discharged. Persons may l)e SEC. 17. Any person convicted of crime, punishable by imprisonment committed to jail, cr county in a common jail, may be punished by imprisonment in such common jail, or in the county work-house, and upon any conviction for a crime not punishable by imprisonment, if the convict shall fail to pay any fine lawfully imposed, or the costs of prosecution, he shall be committed to such county work-house, until such fine and costs shall be paid or satisfied, or he be lawfully discharged. Chap. 1.] LIABILITY AND EXEMPTION, 111 TITLE X. MILITIA. CHAPTER I. Liability and Exemption. CHAPTER II. Organization. CHAPTER III. Arms, Armories, Uniforms and Equipments. CHAPTER IV. Duties of certain Officers. CHAPTER V. Parades and Encampments. CHAPTER VI. Pay. CHAPTER VII. Fines and Courts-martial. CHAPTER VIII. Governor's Guards. CHAPTER I. Liability and Exemption. SECTION SECTION 1. Who liable. 6. Commutation tax. 2. Active militia. 7. Penalty if selectmen neglect or refuse to 3. Drafts for active service. enroll. 4. Enrollment. 8. Penalty for giving false information. 5. Who exempt. 9. Post surgeons. SEC. 1. All able-bodied male citizens of this State between the ages of 1874. eighteen and forty-five years, not expressly exempted by law, shall be sub- Who liable. ject to military duty, and designated as the militia. SEC. 2. The Connecticut National Guard, hereinafter mentioned, shall Active militia. be liable at all times to be ordered into active service, and shall first be called out by the commander-in-chief on all occasions for military service, and may be by him turned over into the service of the United States, on requisition When turned over to the by the President, for service without the State, not exceeding three months United States. in any one year. In time of war, invasion, rebellion or riot, or reasonable apprehension thereof, or upon requisition by the President of the United States, the commander-in-chief may order out, for active service, such further portion of the militia as he may deem necessary, designating the same by draft, if a sufficient number shall not volunteer, and may organize the same Drafts. and appoint and commission officers therefor; and when so ordered out for service, the militia shall be subject to like regulations and receive from the State like compensation, as that prescribed for the army of the United States. SEc. 3. In case of any such draft, the commander-in-chief shall apportion Drafts for active service. it equitably among the several towns; and the order for such draft may be directed to the selectmen of each town, who shall thereupon amend the rolls of the militia therein by adding thereto the names of persons subject to enrollment, and by striking therefrom the names of persons exempted by the pro 112 MILITIA. [Title 10. visions of this Title; and they shall appoint a time and place of parade for the militia in such town, and order them to appear thereat, either orally, or by leaving written or printed notices with them, or at their usual places of abode, or by publishing a notice thereof in some newspaper printed in the county in which said town is, and by posting a like notice on the public sign-posts in said town; and shall then and there proceed to draft such number, by lot, from such militia, or to accept such number of volunteers, as the order Returns by se- of the commander-in-chief shall require; and shall return to the adjutant lectmen. general the names of persons drafted, or enlisted.under said order, who shall thereupon be subject to the order of the commander-in-chief; and if any selectman of any town shall neglect or refuse to comply with such order, the commander-in-chief may appoint some proper person to execute the same, at the expense of such town, who shall make return of his doings to the adjutant general. Enrollment. SEC. 4. The names of all male citizens of this State, between the ages of eighteen and forty-five years, shall annually, between the tenth day of September and the first day of December, be enrolled alphabetically by. the selectmen of the towns in which they respectively reside. On such enrollment lists and opposite the name of every person exempt from military duty, or a minor, or in the active militia, the selectmen shall write "exempt" and the reason of such exemption, or "minor,":'active militia," as List to be filed the case may be, and shall sign said lists, and file them in the offices of with town clerk. the respective town clerks; and annually, on or before the fifth day of DeReport to adju- cember, make a certifled report to the adjutant general of the total number tarlt general. enrolled on their respective town lists, the number marked exempt by reason of disability, the number exempt by reason of other causes, the number of minors, the number of active militia, the number liable to military duty, and the number liable to pay a commutation tax as hereinafter provided, and that they believe said lists to be correct. The adjutant general shall forward the return of the number liable to pay a commutation tax to the State Treasurer. Who exempt. SEC. 5. The following reasons shall exempt from such military duty: first, such physical or mental disabilities as shall be prescribed in general orders issued by the surgeon general and approved by the commander-inchief; second, service in the army or navy of the United States, during the late rebellion, and an honorable discharge therefrom; third, membership for the time being of a volunteer fire company in this State; fourth, service for five years consecutively in the active militia of this State or in any volunteer fire company in this State; fifth, being a warden or deputy warden of the State prison; sixth, any further reason expressly provided by law; but the reasons specified in the clauses marked second, third, and fourth in this section, shall not exempt from military duty in time of war, invasion or rebellion, or reasonable apprehension thereof. Commutation SEC. 6. The selectmen of every town shall, on every rate bill for its tax. annual tax, add a tax of two dollars on every person so enrolled as liable to military duty, except minors and members of the active militia, which tax shall be in commutation of military duty, and collected and paid to the town at the time and in the manner provided for town taxes. The town treasurers shall pay to the Treasurer of the State, on or before the twentieth day of February, annually, such military commutation tax due, as is determined by the returns of the selectmen to the adjutant general, and the Chap. 2.] ORGANIZATION. 113 Treasurer shall have the same power to enforce such payment as he has in the case of any State tax. SEC. 7. Any selectman neglecting or refusing to faithfully perform the Penalty if selectrmen neglect duty as enrolling officer required by this Chapter shall be fined five hundred or refuse to endollars. When the adjutant general shall find, from the returns of the selectmen in any town, that they have not made a true report of the number of persons liable to military duty or to pay a commutation tax, under the provisions of this Title, he shall notify.them by mail that they have failed to make such report; and if they shall not make true report of the number of such persons, as nearly as the same can be ascertained, within twenty days after such notice, he shall notify the State's Attorney in the county in which said selectmen reside, who shall proceed to collect such penalty. SEC. 8. Any person knowingly and wilfully refusing information, or Penalty for givin- false informgiving false information, to any selectman making such enrollment, respect- ationI. ing the name, age, residence, occupation, military service, or service in any fire company, or physical or mental disability of himself, or of his son or ward, or person in his employ or boarding with him, shall be fined twenty dollars. In case of doubt as to exemption from military duty, or from the payment of such commutation tax, the burden of proving such exemption shall be on the person claiming it; and all enrolling officers may require the persons examined by them to testify under oath, and may administer such oath. SEC. 9. The commander-in-chief may appoint post surgeons, removable Post surgeons. at his pleasure, to determine exemptions from military duty by the standard of disability prescribed by the surgeon general as aforesaid. All decisions of such post surgeons shall be.subject to review and reversal by the surgeon general. CHAPTER II. Organization. SECTION SECTION 1. Governor to be commander-in-chief. 10. Appointment of officers in recess of the 2. His staff; assistant adjutant general; as- Senate. sistaunt quartermaster general. 11. Non-commissioned officers. 3. Name of the National Guard and number of 12. Immunities for five years' service. regiments; term of enlistment; minors. 13. Resignation of officers; staff officers retire, 4. Brigade, and brigade officers. when. 5. Regiments, and regimental officers. 14. Removal of officers; discharges. 6. Companies, and company officers; bands. 15. Examination of officers. 7. Artillery. 16. Company by-laws. 8. Nomination of commissioned officers. 17. Duty and power of Governor; system of 9. Governor to approve nominations. discipline and tactics. SEC. 1. The Governor shall be commander-in-chief of the militia, ex- 1874. Governor to be cept when turned over into the service of the United States, and may commander-inemploy it, or any part of it, for the defence or relief of the State or any part of its inhabitants or territory; and shall have all the powers necessary to carry into full effect the provisions of this Title. SEC. 2. 1-is staff shall consist of an adjutant general, with the rank of His staff. brigadier general, appointed by him; a quartermaster general, a surgeon general, a commissary general, and a paymaster general, each with the rank 114 MILITIA. [Title 10. of brigadier general, and appointed by him, with the consent of the Senate, and four aids-de-camp, each with the rank of colonel, appointed by him. Assistant adju- The adjutant general, with the consent of the commander-in-chief, may taut general. tant gen appoint an assistant adjutant general, with the rank of lieutenant-colonel, who may perform all the duties of the adjutant general in case of the absence, inability, or express directions of the latter. The quartermaster Assistant general, with the consent of the commander-in-chief, may appoint an assistquartermaster general. ant quartermaster general, with the rank of major, for whose conduct he shall be responsible, who may, under his direction, take charge of the property in his department, and perform such other duties therein as he may direct. Name of the SEC. 3. The active militia shall be designated the Connecticut National National Guard, and number of Guard, and consist of four regiments of infantry, to wit; one regiment in regiments. each Congressional district, designated by the number of the district, and Term of enlist- two sections of light artillery. All enlistments therein shall be for five ment. years, and made by signing duplicate enlistment papers in such form as may be prescribed by the adjutant general, one to be forwarded forthwith to him by the enlisting officer, and one to be filed with the records of the company, section, or band in which such enlistment is made.* Every enlistAdministration ing officer may administer the oath required upon enlistment. No enlistof oath. ment shall be allowed of other than able-bodied male citizens of this State, between the ages of eighteen and forty-five years, residing in the town where the armory of the company is situated, or an adjoining town. In Minors. time of peace, no minor shall be enlisted without the written consent of his parent or guardian; and no uniform, allowance, pay, or compensation shall be given by the State to any enlisted man not certified by the surgeon of his regiment to be able-bodied, in accordance with the standard prescribed therefor by the surgeon general. Brigade, and SEC. 4. The regiments and sections aforesaid shall constitute one brigbrigade officers. ade, under the command of a brigadier general, appointed by the commander-in-chief, with the consent of the Senate. The brigadier general shall nominate on his staff a brigade adjutant, with the rank of lieutenantcolonel, a brigade inspector, a brigade quartermaster, and a brigade commissary, each with the rank of major, and two aids-de-camp, each with the rank of captain. - Regiments, and SEC. 5. Each regiment shall consist of not more than ten companies officers. and a regimental band, and shall have a colonel, lieutenant-colonel, and major, all nominated by its field and line officers. Each colonel shall nominate on his staff a surgeon, with the rank of major, an adjutant, with the rank of captain, a quartermaster, a paymaster, and an assistant surgeon, each with the rank of first lieutenant, and a chaplain, with the pay and allowances of a captain of cavalry; he shall also appoint a sergeant major, a quartermaster sergeant, a commissary sergeant, a hospital steward, a drum major, and a fife major, and shall issue warrants for such appointments. Company SEC. 6. Each company shall consist of a captain, a first lieutenant, and officers. a second lieutenant, all nominated by the company, five sergeants, eight corporals, and two musicians, and not more than sixty-four, nor less than Bands. thirty-two, privates. Each regimental band shall consist of not more than twenty nor less than twelve members.t ~ Petitioning the Governor to be received as a member of a company, and being accepted as such, constitutes a valid enlistment, though no duplicate enlistment papers are signed. 40 Conn.. 2S6. t Such a company is liable to suit as a voluntary association.;16 Conn., 376. Chap. 2.] ORGANIZATION. 115 SEC. 7. The two sections of artillery shall consist of such officers and Artillery. men, and be attached to such regiments, as the commander-in-chief shall order. Their officers shall be nominated in the manner provided for the companies of infantry. SEC. 8. All meetings for the nomination of commissioned officers shall Nomination of commissioned be ordered by the commander-in-chief. The orders therefor shall be ad- officers. dressed to the person therein designated to preside at such meeting, who shall, at least five days previous thereto, cause notice thereof to be given to each person entitled to vote thereat, by reading such a notice, stating the time and place of meeting, in his hearing, or depositing it in the mail, properly addressed, with the postage paid, or leaving it at his usual place of abode. The nomination shall be made by ballot by a majority of those present at the meeting, and the result thereof shall be forthwith returned, by the person presiding, to the commander-in-chief, and to the regimental commandant. If any person, holding a commissioned office at the time, be nominated, such meeting, if otherwise competent, shall thereupon nominate his successor in such office. If there shall be a failure to nominate any officer at two meetings ordered therefor, the commander-in-chief may fill the vacancy by direct appointment. If the person so designated to preside at any such meeting shall not appear thereat, the senior officer present shall preside.* SEC. 9. Every nomination of a commissioned officer shall be subject to Governor to approve nominathe approval of the commander-in-chief, who shall delay an appointment tions. for ten days after receiving a return thereof, to give opportunity for remonstrance, and if then approving shall issue his appointment therefor, and if not so approving, shall order a new nomination. Such appointment shall be conditional, in the case of all officers required by law to appear before the examining board hereinafter mentioned. To all officers of, or above the rank of, lieutenant, who shall have passed an examination satisfactory to said examining board, or who are not required by law to pass such examination, the commander-in-chief shall issue commissions, dating from their respective nominations. SEC. 10. In the case of officers, for whose appointment the consent of Appointment of officers, in rethe Senate is required, the commander-in-chief, during any recess of the cess of the Senate. Senate, may make appointments to, or removals from, office for cause, which shall be validl till the further action of the Senate thereon. SEC. 11. The commandant of each company and section shall, from Non-commissioned officers. its enlisted men, nominate its sergeants and corporals to the commandant of his regiment, who shall appoint and issue warrants to the persons nominated when approved by him, or order new nominations when disapproving; but no sergeant's warrant shall be issued to any person not certified by his captain to have passed a satisfactory examination in the tactics, in the school of the soldier and the school of the company, nor any corporal's warrant to any person not so certified to have passed a like examination in the school of the soldier. The musicians of each company shall be Mlusicians. appointed by its commandant. SEc. 12. All persons serving five years consecutively in the active militia Immunities for five years' shall be thereby entitled to an honorable discharge, exempting them from service. military duty thereafter, except in case of war, invasion, rebellion, riot, or reasonable apprehension thereof. t Governor need not style himself such in signing commission. 17 Conn., 570. Commission is proof of official character. Idl., 571. 116 MILITIA. [Title 10. Resignation of SEC. 13. The resignation of any staff officer shall be made to his immeohisceis. diate commanding officer, and, if approved, shall be forwarded to the commander-in-chief, who shall accept it and grant an honorable discharge. The resignation of any other commissioned officer shall be made to the comTerm of office of mander-in-chief. The commissions of all staff officers shall expire, when the stafiofflcers. successor of the officer nominating or appointing them shall make new nominations or appointments to their respective offices..emoval of SEC. 14. Unless otherwise expressly provided, every commanding officer officers.. may remove any officer on his staff. The adjutant general and quartermaster general may remove their assistants. The commandant of each regiment may reduce to the ranks any non-commissioned officer therein; Discharges. and the commander-in-chief may give an honorable or a dishonorable discharge or dismissal to any officer, musician, private or member of a band in the service; but no resignation, removal, discharge or dismissal shall in any way affect the liability of any person for public property in his possession, or for which he is responsible. Examination of SEC. 15. An examining board, of two or more competent persons, appointed by the commander-in-chief, shall convene at such times and places as he shall direct, and examine in military tactics all commissioned officers, below the rank of brigadier general, whose duties require a knowledge of such tactics. The commander-in-chief shall give at least two weeks' notice to all such officers to appear thereat. Said board shall, in twenty days after each examination, make a detailed report of its result to the commander-in-chief, who shall thereupon revoke the appointments of all officers failing to appear and pass an examination satisfactory to said board; provided that he may allow an opportunity for examination, at the next session of said board, to any officer who shall give him a satisfactory excuse for not appearing before it when first ordered; and that no officer who has passed one satisfactory examination shall be re-examined previous to promotion. Company by- SEC. 16. Each company, section and band, may make by-laws for its laws. government, which shall be binding on its members when approved by the adjutant general; and all fines imposed by such by-laws may be collected in the same manner as is provided for collection of fines in the first section of Chapter VII of this Title. Dutyand power SEC. 17. The commander-in-chief shall maintain the Connecticut National Guard, by organizing new companies, sections and bands, and disbanding inefficient companies, sections and bands, from time to time, as he System of disci- shall deem expedient. Its system of discipline, exercise and administration, pline and' tactics. save as otherwise expressly provided in this Title, shall conform as nearly as practicable to that prescribed from time to time for the army of the United States. CHAPTER III. Arms, Armories, Uniforms and Equipments. SECTION SECTION 1. Supplied by quartermaster general. 5. Regimental uniform. 2. Armories and band-rooms. 6. Ownership of uniform paid for by State. 3. Cleaning and repair of arms, and inspection 7. Injury to uniforms, arms, &c., how punof armories, &c. ished. 4. Uniform of commissioned officers. Chap. 3.] ARMS, ARMORIES, UNIFORMS AND EQUIPMENTS. 117 SEC. 1. The quartermaster general shall, upon due requisition therefor, ppl74. Supplied by approved by the adjutant general, furnish the active militia, at the expense qluartermaster of the State, with suitable arms, armories, ammunition, equipments, colors, camp equipage and transportation from its armory to the place of parade or encampment. SEC. 2. The armory of each company and section shall, subject to the Armories. orders of the quartermaster general, be under the charge of its commanding officer, who shall keep therein all property furnished his company by the State, and be responsible for it, and execute such bonds therefor as the quartermaster general, from time to time, shall require; and no company shall be so furnished until such bonds shall be executed and approved by the quartermaster general, nor until a suitable armory shall be selected for their deposit. In case of the renting of any armory for other than company purposes, the proceeds thereof shall be paid to the quartermaster general, who shall pay them to the State. To each regimental band there shall be Band-rooms. paid seventy-five dollars, annually, in commutation for the rent of its band room or armory. SEC. 3. The quartermaster general shall provide for the expense of Cleaning and repair of arms, cleaning and keeping in repair all arms and equipments furnished by the and inspection State to the active militia, in such manner as he shall prescribe; and shall, annually, in September or October inspect, or cause to be inspected by his assistant, the armories and band rooms, and all State property in the possession of the active militia, or of any schools, persons, or associations; and may cause to be returned to the State arsenal and repaired all such property which he at any time shall find to be damaged by neglect or improper use. The expense of such inspections in the case of the schools, persons and associations aforesaid, shall be paid by them. SEC. 4. Every commissioned officer shall furnish himself with a com- Uniform of commissioned plete uniform, approved by the commander-in-chief. General and field officers. officers and their staffs shall appear mounted on all days of review or parade. SEC. 5. The uniforms of each regiment shall be as prescribed by its Regimental uniform. commissioned officers and approved by the commander-in-chief. Each noncommissioned officer, private, musician and member of a regimental band, who shall procure such uniform at a cost of not less than twenty-five dollars, shall be allowed therefor twenty-five dollars by the State, on a sworn certificate of his company commandant, approved by the regimental commandant, made to and approved by the adjutant general, that such uniform has been so procured and deposited in the charge of the certifying officer in the armory of his company, or, in the case of non-commissioned staff officers and members of regimental bands, on like certificate of the regimental com mandant, that such uniform has been so procured and deposited in his charge. Such certificate shall be in duplicate, and state the name, age, rank, residence, and date of enlistment of the person procuring such uniform, the number of such uniforms in the company armory, and the number of active members of the company residing within its limits. If the adjutant general shall approve it, he shall forward one of said certificates to the quartermaster general, who shall keep and record it, and forward his draft for twenty-five dollars to such certifying officer, payable to the order of the person so procuring said uniform; but no such certificate shall be approved, nor sum allowed, when the number of uniforms so paid for and then belonging to the State under this Title, in such company, section or 118 MILITIA. [Title 10. band, shall equal the number of active non-commissioned officers, musicians and privates in such company or section, or active members in such band. Ownership of SEC. 6. Every uniform so paid for by the State shall continue to be its uniform paid for by State. property for five years, when it shall become the property of the company, section or band; but until such time, said uniform shall remain in the company armory, or room of said regimental band, in charge of the commanding officer of the company, section or band, or of some suitable person appointed by him, except when worn in the discharge of military duty; and every non-commissioned officer, musician or private, who shall neglect to return to the armory of the company or section, or room of the band, or to place in charge of the commanding officer of the company, section or band to which he belongs, any arms, uniform or equipment, or portion thereof, belonging to the State, within six days after being notified by said commanding officer to make such return, or to place the same in his charge, shall be fined not more than fifty dollars, or imprisoned not more than two months, or both. Injury to uni- SEC. 7. Every person who shall willfully or wantonly injure or destroy formsarmns,&c.~ how punished. any uniform, arm, equipment, or other military property of the State, and refuse to make good such injury or loss, or who shall sell, dispose of, secrete or remove the same, with intent to sell or dispose thereof, shall be fined not more than two hundred dollars, or imprisoned not more than six months, or both. CHAPTER IV. Duties of certain Officers. SECTION SECTION 1. Adjutant general. 6. Bonds of quartermaster general, &c. 2. Quarter master general. 7. Regimental inspection. 3. Surgeon general. 8. Returns to be made to selectmen. 4. Commissary general. 9. To the adjutant general. 5. Paymaster general. 10. Controller to draw orders. 1874. SEC. 1. The adjutant general shall issue all orders of the commanderAdjutant general. - in-chief to the militia, and shall keep a record of the proceedings of his office. The records of the brigade, and of each regiment, company, section, and band, shall be kept by its proper officers in such form as he shall prescribe; he shall also furnish, at the expense of the State, all proper blank books, blanks and forms, and such military instruction books, as the commander-in-chief shall approve; and annually report to the commanderin-chief the condition of the National Guard, with a roster of all the commissioned officers, and such other matters relating to the militia as he may deem expedient; and on or before the first Monday in January, annually, make a return of the militia of the State, their arms, accoutrements, and ammunition, to the President of the United States. Quartermaster SEC. 2. The quartermaster general shall take care of all public property general. belonging to his department, and annually report to the General Assembly, on the first week of its session, a complete inventory of such property and the places where it is deposited, with a detailed account of all articles consumed or issued, and money expended in his department not previously reported. Two persons shall be annually appointed by the General Assem Chap. 4.] DUTIES OF CERTAIN OFFICERS. 119 bly to audit the quartermaster general's account, who shall, annually, in April, inspect the State arsenal, and the property therein, and report the condition thereof, and the correctness of the quartermaster general's account, to the General Assembly, during the first week of its session. SEC. 3. The surgeon general shall examine and determine the qualifica- Surgeon general. tions of candidates for regimental surgeons, assistant surgeons, and hospital stewards; and, by and with the advice of the commander-in-chief, shall have general supervision and control of all matters pertaining to the medical department of the militia, and prescribe in general orders the physical and mental disabilities exempting from military duty. SEC. 4. The commissary general, in time of war or insurrection, shall commissary procure supplies for the subsistence of the troops; and shall report the state of his department, annually, to the General Assembly, during the first week of its session. SEC. 5. The paymaster general shall pay the troops their wages, and Paymlaster genannually settle his accounts with the Controller, on or before the thirteenth day of April. SEC. 6. The quartermaster general, commissary general, and paymaster Bonds of qcuartern-master gengeneral, shall execute all orders given them by the commander-in-chief, eral, &c. and shall each give bond, with surety, to the State, to the acceptance of the Treasurer, in twenty thousand dollars, conditioned for the faithful discharge of the duties of his office. SEC. 7. When ordered out for inspection, the regiments shall be in- Regimental inspected in accordance with the rules of the United States army, by the ecton brigade inspector, who shall report the quality and condition of the uniforms, arms and equipments, of both officers and men, and the other details of his inspection, to the brigadier general, and the latter shall forward the same to the adjutant general with his annual report. SEC. 8. The commanding officer of each company and section shall, Returns to be made to selectannually, in October, make a certified return of the names of the active men. members of his command who have performed the duty required by law, to the selectmen of the towns in which such members reside. Like returns of staff officers and regimental bands shall be made by their regimental commandants, and of other staff officers by their immediate commandants. SEC. 9. The commandant of each company and section shall, annually, Cejtrns to the in March, return to the adjutant general a muster roll of his command; eral. and shall, within ten days after each parade or encampment required by law, make return to the regimental commandant of the state of his company, with the number enrolled therein, and of all their arms, uniforms, equipments, and ammunition; the commandant of each regiment shall make like return thereof, with a roster of its commissioned officers to the brigadier general, within twenty days after each fall encampment or parade, who shall make like return for the brigade, with a roster of its commissioned officers, to the adjutant general, on or before the first day of December, annually. The adjutant general may order from each company such additional returns and muster-rolls as he may deem expedient. SEC. 10. The Controller shall draw his order on the Treasurer to the Controller to draw orders. order of the proper disbursing officer, for all payments and expenditures authorized by this Title. 120 MILITIA. [Title 10. CHAPTER V. Parades and Encampments. SECTION SECTION 1. When held. 6. Quartermaster general to furnish transpor2. Place of encampment. tation, &c. 3. Roll call. 7. Special military service. 4. Power of commanding officer. 8. Company drills. 5. Duty of brigadier general. 1874. SEC. 1. The Connecticut National Guard shall parade for drill one day, When held. annually, in May, by company or regiment, as ordered by the brigadier general, and the infantry shall encamp for drill and instruction six successive days, between the tenth of August and twentieth of September, by regiment or brigade, annually or biennially, as ordered by the commanderin-chief; but each regiment shall perform such encampment duty at least once in every two years, and in each year, when not so encamped, shall parade for one day between the aforesaid dates, by regiment or by company, as the brigadier general shall order. Place of en- SEC. 2. The places of said encampments shall be designated by the campment. proper commanding officers, subject to approval by the commander-in-chief. Notice. Orders for encampment shall be given at least fifteen days prior thereto, and for said parades at least three days prior thereto, by depositing the same in the mail, properly addressed to the person to be notified, or leaving the same at his usual place of abode, or reading the same in his hearing. Each section of artillery shall parade one day in September for drill, in its own town; and the commander-in-chief may, at his discration, order any section of artillery to attend any regimental encampment. No member of the active militia shall be exempted or relieved from military duty by membership or service in any fire company. Roll-call. SEc. 3. Every company, while encamped, shall have roll-call on the first day at noon and at tattoo; on the remaining days at reveille, at noon, and at tattoo. Absence without leave from either of said roll-calls shall be deemed as absence for the entire day, and so reported on the pay-roll. The commander of the regiment shall detail officers from his staff, who shall attend the roll-calls of the companies, and report to him the names of absentees of such companies, and such report shall be forwarded to the adjutant general. Power of com- SEC. 4. The commanding officer of any encampment or parade may manding officer. cause those under his command to perfoxm any field or camp duty he shall require, and may put under arrest during such encampment or parade any member of his command who shall disobey a superior officer, or be guilty of disorderly or unmilitary conduct, and any other person who shall trespass on the parade or encampment ground, or in any way interrupt or molest the orderly discharge of duty by the members of his command; To prohibit sale and he may prohibit the sale of all spirituous or malt liquors within one of liquors. mile of such parade or encampment. Duty of brita- SEC. 5. The brigadier general shall direct such target practice at the dier general. annual parades or encampments as he may deem expedient, and shall attend each encampment, and report the conduct and discipline thereof to the commander-in-chief, who, if he shall judge that such encampment has been prejudicial to good morals or military discipline in any regiment Chap. 6.] PAY. 121 shall not permit another encampment of such regiment until its commanding officer has resigned or been removed. SEC. 6. The commanding officer of each encampment shall make requisi- Quartermastergeneral to furtion on the quartermaster general at least ten days prior thereto, for the nish transportnecessary transportation and tents, blankets, camp equipage and supplies ation, &c. therefor; and if approved by the adjutant general, the quartermaster general shall furnish the same. SEc. 7. The commander-in-chief, or in his absence from the State, the Special military brigadier general, may call out any portion of the active militia for escort sevice. duty, or any special service in the State; and if the same shall be for two days or less, the compensation shall be the same as for the parades expressly required by law, but if for more than two days, the compensation, allowances and rations shall be as prescribed for the army of the United States. SEC. 8. The commandant of each regiment may order semi-monthly Company drills. evening drills by any company of his command from October to April, inclusive, of not less than one hour each, and shall inspect at least one evening drill of each company during said period, or detail a field officer for such inspection. The officer making such inspection shall receive his necessary traveling expenses, to be paid on certificate of the regimental commandant, approved by the adjutant general. CHAPTER VI. Pay. SECTIoN SEcTION 1. Amount of pay and allowances. 5. Allowance to commandants for care of State 2. Pay rolls. property. 3. False certificate to pay rolls. 6. Pay of surgeons, and officers on special 4. Fines and dues to be deducted. service. 7. Soldiers killed or disabled while in service. SEC. 1. There shall be paid for each day's service in complete uniform 1874. Amount of pay at the parades and encampments authorized by this Title, or when called and allowances. on by the proper sheriff to aid him in the execution of his office, two dollars to every officer, musician and private, and two dollars and fifty cents to each member of a regimental band; also five dollars for each horse furnished and used by officers required to be mounted, and two dollars a day for each artillery horse used on parade, and rations and forage, or commutation therefor, as prescribed by the army regulations of the United States. SEC. 2. Pay-rolls for service shall be forwarded in duplicate to the Payrolls. adjutant general within ten days after such service, for the companies and sections by their respective commandants, and for brigade and regimental field and staff officers and bands by their respective commandants, with a certificate under oath by such commandants that the persons therein named have performed the duty and are entitled to the pay therein specified. The adjutant general shall forward one of said pay-rolls, if approved by him, to the paymaster general within ten days after receiving it, and within five days thereafter, the paymaster general, or regimental paymaster under his direction, shall pay the specified amounts to the persons entitled thereto, or 122 MILITIA. [Title 10. to their respective commandants on their written order; and no such payment shall be made at any parade or encampment. The Controller shall draw orders on the Treasurer in favor of the paymaster general for such sums as the adjutant general shall certify to him will, in his opinion, be necessary for the purposes specified in this section, which shall be paid out of any unappropriated money in the treasury; and should there be none when thus called for, the Treasurer may borrow the amount necessary for such purposes. The paymaster general after paying such officers, musicians and privates, shall settle with the Treasurer, by returning any surplus money in his hands, or by receiving from the Controller his order on the Treasurer for any sums of money that he may have paid, over and above the sum received by him for such purposes, and he shall file his vouchers with the Controller. False certificate SEC. 3. Any officer who shall knowingly and falsely certify to any such pay roll, with intent to cause any payment to be made not due by the provisions of this Title, shall be fined not more than two hundred dollars, or imprisoned not more than three months. tFieSandeddueS SEC. 4. The commanding officer of every company, section and band, shall deduct from any pay so received for any member thereof, the amount of all dues, fines and penalties, due from said member under the by-laws of such company or any provisions of this Title. Annual allow- SEC. 5. The commandant of each regiment, company or section shall ance to commandants for be allowed fifty dollars a year as compensation for the care of the State care of military property. property in his possession, to be paid by the quartermaster general after his annual inspection of such property, if it be found in good condition, deducting, however, the value of all such property not accounted for. Pay of surgeons SEC. 6. Regimental surgeons, when not on regular duty with their and officers on special service. regiments, post surgeons, members of the examining board, and all officers ordered on special service by the commander-in-chief, shall receive such pay for their services as may be determined by the commander-in-chief. Soldiers killed SEC. 7. Every officer or soldier wounded or disabled, and the widow or disabled while in service. and children of every officer or soldier killed while in the service of the State, shall be suitably provided for by the General Assembly. CHAPTER VII. Fines and Courts-Martial. SECTION SECTION 1. When soldiers liable to fine; collection of 7. When member may not act. fines. S. Extent of jurisdiction of court. 2. Courts-martial, when held, &c. 9. Officer under arrest, neglecting to attend 3. Officer accused to have copy of charges. court, how punished. 4. Judge advocate. 10. Fines, how collected and disposed of. 5. Judge advocate and members to be sworn. 11. Pay of members and j udge advocate. 6. Witnesses, how summoned and paid. 12. Governor to approve sentence. 1874. SEC. 1. Every non-commissioned officer, musician, or private, or memWhen soldiers liable to fine. ber of a regimental band, absent without leave, or excuse satisfactory to his commanding officer, from any parade or encampment, shall be fined five dollars for each day of such absence, and for any unsoldierly conduct or disobedience to orders, at any drill, parade, or encampment, may be Chap. 7.] FINES AND COURTS-MARTIAL. 123 fined not more than ten dollars by his commanding officer, who shall notify him of such fine within ten days after such absence or offence. If such fine is not paid within ten days after such notice, such commanding officer shall certify the same to the commandant of his regiment, who shall hear and determine the case; and he may at any time within six months after Collection of such hearing, draw his warrant for the collection of such fine or fines, directed to the sheriff, or any proper officer, who shall proceed to enforce and collect the same, in the same manner as an execution issued in any action of tort. Such fines, when collected, shall be paid into the treasury of the company, section, or band to which the offender belongs.* SEC. 2. Commissioned officers, for neglect of duty, disobedience of Courts-martial, orders, or unsoldierly conduct, may be tried by court-martial, according to when held, &c the usage of such courts, ordered as occasion may require by the commander-in-chief, who, in such order, shall designate the time and place of holding such court, and the names of the officers composing it, to consist of not less than three nor more than six in number. The senior officer named shall preside, and shall be of superior rank to the officer on trial. SEC. 3. The officer to be tried shall be served, at least twenty days Officer accused before the session of said court, with a copy of the order for the same, for to haves cpy of his appearance thereat, and a copy of the charges on which he is to be tried, attested by the adjutant general, and served and returned to the proper judge advocate by any person or officer designated by the adjutant general. The charges shall specify the act or neglect constituting the alleged offence, and shall be signed by the person making them and addressed to the commander-in-chief. SEC. 4. A judge advocate, with the rank of major, shall be appointed Judgeadvocate. for each regimental district, and hold office during the pleasure of the commander-in-chief, and shall perform the duties of such office in the courts-martial held in his said district, and no other person shall prosecute or defend in such courts; but when any judge advocate is unable to attend from any cause, or shall be disqualified by relationship or interest, the commander-in-chief may designate the judge advocate of another district to act in his place. SEC. 5. Every judge advocate shall be duly sworn, and his oath in- Judle advocate'id andembers to dorsed on his commission by the authority administering it. The members be tsworn. of the court, before every trial, and all witnesses in such court, shall be duly sworn by the judge advocate. SEC. 6. The judge advocate shall cause the witnesses for the prosecu- witnesses, how tion to be summoned by any person by him directed, by subpoena signed snlmoneod and by him. The accused shall be entitled to like process for witnesses in his defence, and depositions may be used as in civil courts. Any witness duly summoned, who shall refuse to appear and testify, may be by warrant signed by the president of the court, and directed to the sheriff of the county, his deputy, or either constable of the town in which such witness resides, committed to the jail in such county, there to be held at his own expense, until he shall be discharged by due course of law. The fees of all witnesses summoned on the part of the State, and of the judge advocate for summoning them, shall be the same as are allowed in civil causes, to be * Trespass lies against the officer, if the warrant is illegally issued. 17 Conn.. 180. But not if the fine was simply imposed unjustly. 2 Root, 456. 124 MILITIA. [Title 10. taxed by the president of the court, and paid by the State to the judge advocate, who shall pay the fees of witnesses, when received by him, to the persons to whom they are due; and if the sentence of the court be against the accused, and be duly approved, said fees shall, by warrant under the hand of the president of the court, directed in manner aforesaid, be collected of the delinquent and paid to the State. when member SEC. 7. If, on trial, the accused shall except against any one or more may not act. members of the court, he shall state the ground of his objections, and if it shall appear to the court sufficient, the member, or members, objected to shall not act; and if the number remaining shall be less than three, the court shall be adjourned for a reasonable time, so that the officer appointing the court may detail others to supply the place or places of such members. Extent of juris- SEC. 8. No court-martial, in time of peace, shall order any other pundiction. ishment than a fine of not more than one hundred dollars, and a reprimand, or either; or a fine of not more than one hundred dollars, and cashiering, with disability of holding any military office in this State, or either of these Two-thirds punishments; and two-thirds of every court shall concur in every sentence. vote. Officer under SEC. 9. If an officer under arrest shall refuse or neglect to attend a arrest neglecting to attend court-martial, according to orders and notice given to him, he shall be court, how punished, fined by said court not more than one hundred dollars, and be cashiered, with disability of ever holding any military office in this State, unless prevented by reasonable cause from so attending; in which case the court may adjourn, and notice thereof shall be given by the judge advocate to the arrested officer at least ten days before the day to which the court is adjourned, Fines, how col- SEC. 10. The fines imposed by a court-martial shall be for the use of the lected and disposed of. State, and shall be collected by a warrant under the hand of the president of the court, directed to a sheriff, or some other proper officer, who shall collect them, with lawful costs, as on executions issued in actions of tort, and pay them to the State Treasurer, except the costs of collection; and in all cases in which a fine or costs shall be awarded by a court-martial, and the sentence of such court shall be approved, and its president shall die, or be discharged or promoted, without having issued a warrant for such fine or costs, the member of such court remaining next in rank to him shall issue such warrant. Pay of mem- SEC. 11. The members of said court shall be allowed their actual exbers and judge advocate. penses for travel to and from the place of holding said court, and three dollars a day each for each day during its sittings; and the person in whose house the court shall be holden shall be allowed, not to exceed two dollars a day, in full for room rent, fuel, and lights; and a bill for the same, being taxed and signed by the president, shall be paid by the State; and the judge advocate shall be allowed twenty-five cents for every page of the copy of the proceedings and record of the court-martial, to be taxed and paid in the same manner. Governor to SEC. 12. The sentences of courts-martial shall be approved or disapapprove sentence. proved by the commander-in-chief, who may mitigate or remit any punishment awarded by the sentence of a court-martial, when such sentence shall have been approved; and the record of the proceedings and sentence of a court-martial, in every case, with the order approving or disapproving it, shall be deposited in the office of the Secretary. Chap. 8.1 GOVERNOR S GUARDS. 125 CHAPTER VIIIo Governor's Guards.* SECTION SECTION 1. Enlistments. 4. Member, how and for what dismissed. 2. Commandant may assemble musicians for 5. Pay and allowances. practice. 6. Returns of muster roll. 3. Evidence of forfeitures. SEc. 1. The several companies of Governor's Guards shall be filled from s103. time to time by voluntary enlistments; but no enlistment shall be made from any company of active militia. SEC. 2. The commanding officer of any company may order any of its Commandant may asseml)le musicians to assemble for practice and instruction, at such places as he shall musicians for practice. direct, and at such times, not exceeding, together with the number of days on which they shall be called to do duty with their company, the whole number of days on which said company may, by law, be called out for company exercise; and if any musician shall neglect to obey such order, he shall be liable to the fines prescribed for non-attendance on days of ordinary company exercise, subject to the right of appeal allowed by the fourth section of this Chapter. SEC. 3. The sworn certificate of the commanding officer of any such 185hati1.icompany shall be evidence of any forfeiture incurred by its members; and dence of forfeitif any forfeiture shall not be paid within ten days after it shall have been incurred; he may sue for it in his own name, but for the use of the company; and when any commanding officer shall die, resign, or be removed from office, all actions for such forfeitures may be brought or continued by his Actions for forfeitures. successor in office. SEC. 4. The commanding officer of any such company may dismiss every 1803. asember, how non-commissioned officer, musician, and private, belonging thereto, who add fossrwat shall neglect his duty, who shall be thereafter liable to be enrolled in the same manner as if he had never enlisted into such company; but he may, within thirty days after receiving notice of such dismissal, appeal to the commander-in-chief, who may annul or affirm such dismission. SEC. 5. Each member of any company which shall parade annually in 1874. Pay and allowMay, or shall at any other time do active duty, by order of the commander- ances. in-chief, and make return to the adjutant general, shall receive for such duty the same per diem, compensation, and the same transportation, and allowance for each horse used on parade as members of the active militia; which payment shall be made at the same time and in the same manner as similar payments are required by this Title to be made to other companies; and such company shall be provided with an armory, and each duly enlisted member shall be allowed the same amount for uniforms, in the same manner and upon the same terms and conditions as are provided for companies of active militia. Each company parading as an escort to the Governor shall be allowed fifty dollars for music, and at all other parades shall be allowed pay for the same number of musicians as is allowed to a company of the National Guard. SEC. 6. The commanding officer of each company of Guards shall an- Return of musnually, in March, transmit a muster roll of his command to the adjutant general. * These companies exist under special charters. See Private Acts. 11 126 EDUCATION. [Title 11. TITLE XI. EDUCATION. CHAPTER I. Instruction of Children. CHAPTER II. Duties of Towns. CHAPTER III. Transfer of the Obligations and Property of School Societies to Towns. CHAPTER IV. School Visitors. CHAPTER V. School Districts. CHAPTER VI. Consolidation of School Districts. CHAPTER VII. District Committees. CHAPTER VIII. High Schools. CHAPTER IX. School Libraries and Philosophical Apparatus. CHAPTER X. Teachers. CHAPTER XI. Support of Public Schools. CHAPTER XII. The Normal School. CHAPTER XIII. Instruction in Colleges. CHAPTER I. Instruction of Children. SECTION. SECTION 1. Duty of parents and guardians. 8. Truant laws. 2. Duty of employers. 9. Prosecutions under truant laws. 3. Children discharged from employment, for 10. Arrest of truants. schooling, to be sent to school. 11. Third offence of truancy. 4. Prosecutions and penalties. 12. Proceedings on arrest. 5. School Visitors to inspect factories. 13. Suspension of judgment. 6. Agent of State Board of Education. 14. Arrest of vagrant girls. 7. Duties of selectmen. 16e0. 1813. SEC. 1. All parents, and those who have the care of children, shall bring lS21. 1t849. them up in some honest and lawful calling or employment; and shall inDuty of parents andgguardians. struct them or cause them to be instructed in reading, writing, English 182~. grammar, geography, and arithmetic. And every parent, guardian, or other person having control and charge of any child between eight and fourteen years of age, shall cause such child to attend some public or private day school at least three months in each year, six weeks at least of which attendance shall be consecutive; or to be instructed at home at least three months in each year in the branches of education required to be taught in the public schools; unless the physical or mental condition of the child is such as to render such attendance or instruction inexpedient or impracticable. 1842. 1869. SEC. 2. No child under the age of fourteen years shall be employed by Employing childrenPwitouttil any person to labor in any business, unless such child shall have attended -havin. them in- some public or private day school, where instruction was given by a teacher Chap. 1.] INSTRUCTION OF CHILDREN. 127 qualified to instruct in orthography, reading, writing, English grammar, geography and arithmetic, at least three months of the twelve next preceding any year in which such child shall be so employed; and any person who shall employ any child contrary to the provisions of this section shall forfeit one hundred dollars to the State for each offence. SEC. 3. Every parent, guardian, or other person having control and Child81dis. charge of any child, between eight and fourteen years of age, who has charlged from employment to been temporarily discharged from employment in any business, in order to go to school, must be sent to be afforded an opportunity to receive instruction or schooling, shall send school. such child to some public or private day school for the period for which such child may have been so discharged; unless the physical or mental condition of the child is such as to render such attendance inexpedient or impracticable. SEC. 4. State's Attorneys in their respective counties, and grand jurors 1650. 1i69. Informing' ofin their respective towns, shall inquire after and make presentment of all icers. offences against the provisions of the preceding sections; and any person who shall violate any provision of the first or third section, shall be fined 160s. suT1. five dollars, for the use of the town in which he resides, for every week, P (not exceeding thirteen weeks in any one year), during which he shall have failed to comply with any of said provisions. SEC. 5. The School Visitors in every town shall, once or more in every l42s. School Visitors year, examine into the situation of the children employed in all its manufac- to inspect factories. turing establishments, and ascertain whether all the provisions of this Chapter are duly observed, and report all violations thereof to one of the grand jurors of the town. SEC. 6. The State Board of Education may take such action as it may 1s69. deem proper to secure the due observance of all the provisions of this Chap- State agent. ter, and may appoint an agent for that purpose. SEC. 7. The selectmen, in every town, shall inspect the conduct of the 1650. heads of families, and if they find any who neglect the education of the Dutiesof selectchildren under their care, may admonish them to attend to their duty; and if they continue to be negligent, whereby the children grow rude, stubborn and unruly, they shall, with the advice of a justice of the peace, take such children from their parents, or those who have the charge of them, and bind them out to some proper master, or to some charitable institution or society incorporated in this State for the care and instruction of such children, males till twenty-one, and females till eighteen years of age, that they may be properly educated, and brought up in some lawful calling. SEC. 8. Each city and town may make regulations concerning habitual T 1S6 Town re-ilatruants from school, and any children wandering about its streets or public tions respecting truants. and places, having no lawful occupation, or business, nor attending school, and va-,rant chilgrowing up in ignorance, between the ages of seven and sixteen years; and such by-laws, also, respecting such children, as shall conduce to their welfare and to public order, imposing suitable penalties, not exceeding twenty dollars for any one breach thereof; but no such town by-laws shall be valid, until approved by the Superior Court in any county. SEC. 9. Every town, and the mayor and aldermen of every city, having hmay prosesuch by-laws, shall annually appoint three or more persons, who alone shall cute. be authorized to prosecute for violations thereof. All warrants issued upon Jurisdiction of prosecutions. such prosecutions shall be returnable before any justice of the peace, or 128 EDUCATION. [Title 11. judge of the City or Police Court, of the town or city; who shall receive such compensation as the city or town shall determine. rrst89.ru- SEC. 10. The police in any city, and bailiffs, constables, sheriffs and Arrest of truants without deputy sheriffs in their respective precincts, shall arrest all boys supposed warrant. by them to be truants from school, between eight and sixteen years of age, who habitually wander or loiter about the streets or public places, or anywhere beyond the proper control of their parents or guardians, during the usual school hours of the school term; and may stop any boy under sixteen years of age, during such hours, and ascertain whether he is a truant from school; and if he be, shall send him to such school. 1869. 1872. SEC. 11. Any truant arrested a third time under the provisions of the Mode of prosecution,. preceding section, shall be taken, if not immediately returned to school, before the judge of the criminal or Police Court, or any justice of the peace in the city, borough or town where such arrest is made; and if it shall appear that such boy has no lawful occupation, or is not attending school, or is growing up in habits of idleness or immorality, or is an habitual truant, he may be committed to any institution of instruction or correction, or house of reformation in said city, borough, or town, or, with the approval of the selectmen, to the State Reform School, for not more than three years. 1S69. SEC. 12. In all cases arising under the provisions of the two preceding Warrant and hearing. sections, a proper warrant shall be issued by the judge of the criminal court of the city, or by a justice of the peace in the borough or town, where such arrest is made; and the father, if living, or if not, the mother or guardian of such boy, shall be notified, if such parent or guardian can be found, of Fees. the day and time of hearing. The fees of the judge or justice shall be two dollars for such hearing; and all expenses shall be paid by the city, borough, cr town in and for which he exercises such jurisdiction. 1869. SEC. 13. After the hearing in any such case, such judge or justice of the Suspending judgment. peace may, at his discretion, indefinitely suspend the rendition of judgment. 1869. SEC. 14. Upon the request of the parent or guardian of any girl between Arrest of vagrant girls. eight and fifteen years of age, a warrant may be issued for her arrest in the same manner and on the same conditions as is provided in the preceding sections with respect to boys; and thereupon the same proceedings may be had, as are above provided, except that said girls may be committed to the Connecticut Industrial School for Girls. CHAPTER II. BDuties of Towns. SECTION SECTION 1. Maintenance of free schools; length of 4. Employment of teachersby SchoolVisitors. terms. 5. School fund treasurer. 2. School Visitors. 6. Duties ofselectmen. 3. How chosen. 1870. SEC. 1. Public schools shall be established and maintained for at least Public schools established. thirty weeks in each year, in every school district in which the number of Length of persons between four and sixteen years of age at the last preceding enumeraschool term. tion was twenty-four or more, and for at least twenty-four weeks in the Chap. 2.] DUTIES OF TOWNS. 129 other districts; but no school need be maintained in any district in which 18110. When they need the average attendance of persons at the school in said district during the not be maintained. preceding year, ending the thirty-first day of August, was less than eight. Said schools shall be taught by teachers found duly qualified by the School How taught. Visitors, and shall be open to all children over four years of age residing in 1O t. C' Open to all. the respective districts; and no person shall be denied admittance to and instruction in said schools on account of race or color. SEC. 2. There shall be in every town a board of School Visitors, corm- SchoolV8itors. posed of six or nine members, as such town may determine; who shall be divided into three equal classes, the first class to hold office until the next annual town meeting, the second class until the second annual town meeting following, and the third class until the third annual town meeting following, and until others are elected in their places. Should any vacancy occur, the remaining members of the board may fill it till the next annual town meeting, when all vacancies shall be filled. SEC. 3. School Visitors shall be chosen by ballot in the following man- ow chosen. ner: If the number to be chosen be two, four, six or eight, no person shall vote for more than half of such number. If the number to be chosen be three, no person shall vote for more than two; if five, no person shall vote for more than three; if seven, no person shall vote for more than four; if nine, no person shall vote for more than five. That number of persons sufficient to fill the board, who have the highest number of votes, shall be elected. In case of a tie, that person whose name stands first or highest on the greatest number of ballots shall be elected. SEc. 4. Any town may authorize and direct the School Visitors to em- 18thor3fay be authorploy the teachers for all public schools of the town for such terms of the ized to employ teachers. schools as it may specify. SEC. 5. Every town holding any permanent funds received from any Schoo5l6fnd school society or district shall annually elect, by ballot, a school fund treas- treasurer. urer; who shall have charge of such funds, keep a separate account of the same, and give bonds with surety, to the satisfaction of the selectmen, for the faithful discharge of the duties of his office. SEC. 6. The selectmen shall have the management of any property ap- D 1tiesof56.elect pertaining to schools and belonging to the town, and shall lodge all bonds, men. leases, notes, and other securities, with the treasurer, which have not been, or shall not be, intrusted to others by the grantor, the General Assembly, or the town; shall pay to the treasurer all money which they may collect and receive for the use of schools; cause the boundary lines of school districts to be entered on the records of the town; designate the time, place and object of holding the first meeting in any new district; and perform all other lawful acts, required of them by the town, or necessary to carry into full effect the powers of towns with regard to schools. 130 EDUCATION. L'itle 1 1. CHAPTER III. Transfer of the Obligations and Property of School Societies to Towns. SECTION SECTION 1. Their obligations. 5. Property of such societies. 2. Their records. 6. Boards of Education in such new districts; 3. Their property. School Visitors. 4. Societies under Act of 1855. T. Their share of the public money. Towl18506. SEC. 1. All debts, obligations, or pecuniary trusts of any school society, Towns to succeed to theirob- heretofore existing, which pertain to schools, shall remain in force against ligations. the town or towns in which such society was situated. 1c956. 1860. SEC. 2. The records of school societies shall be deposited, and forever Records of ichool socie- kept, with the records of the towns in which such societies were situated; and where any school society lay within the limits of two or more towns, its records shall be deposited and kept with the records of the town in which the greater part of its territory lay. And said records, whether they appear to have been made at a meeting held in pursuance of a warning or otherwise, or whether informal or otherwise, provided the same can be clearly understood, are hereby validated and confirmed. ToW1856. C SEC. 3. All property, heretofore held for school purposes by school Towns to succeed to their societies, shall vest in the towns in which such societies were situated, property. to be held by such towns for the same purposes.* Where there were two or more school societies in any town, any of which had a permanent fund for the support of schools, it shall be held in trust by said town, for the support of schools for the inhabitants of the territory, formerly embraced Apportionment within such society; and where any school society lay within the limits of extend[ over two or more towns, and had any permanent fund, it shall be divided more than one town. between such towns; and each shall hold its portion in trust for the support of schools for the inhabitants of that portion of such society lying within its limits; and any indebtedness of any such society shall be apporMode of appor- tioned in the same manner between said towns; which distribution or aptionment. portionment shall be made by the selectmen of said towns; and, if they cannot agree, then, upon application of the selectmen of either town, by a committee of three disinterested persons, to be appointed by the Superior Court in the county in which either town is situated; who shall report to said court, which report, when accepted, shall be final; and such agreement or report shall be recorded upon the records of each town. 1856. 1857. SEC. 4. School societies, heretofore organized under the Act of 1855, School societies, not co-ex- entitled An Act in Addition to and in Alteration of an Act concerning Edutensive with the town, organized cation, which are not coextensive with the towns in which they are situnder Act of 1S55. uated, shall become school districts of said towns, with all the powers and duties of school districts, as specified in this Title; except that each shall To choose annually choose, on the third Monday of September, instead of a district Board of Education. committee, a board of education, consisting of six or nine persons, in the manner prescribed in this Title for the election of School Visitors; which Powers and dua- shall have all the powers and be subject to all the duties of district ties of such board. committees, and shall also have the general superintendence of the public * Such funds may be used for benefit of poor scholars in public schools in the limits of the old society. 39 Conn., 63. Chap. 4.] schOOL VISITORS. 131 schools in the district, and the management of its property; shall lodge all bonds, leases, notes, and other securities, with the treasurer of said district, unless the same have been intrusted to others by the grantors, or the General Assembly; pay into the treasury of the district all moneys which they may receive for the support of schools; determine the number and qualifications of the scholars to be admitted into each school; supply the requisite number of qualified teachers; ascertain annually, during the first two weeks of September, the expense of maintaining the schools under their superintendence, during the year ending the thirty-first day of the previous August, and report the same, with the amount of moneys received towards the payment thereof, to the district, at a meeting to be held on the third Monday of September in each year; shall, at the same time, make a full report of their doings, and the condition of such schools, and all important matters concerning the same; and shall perform all lawful acts required of them by the district, or necessary to carry into effect the powers and duties herein defined. All existing school societies, in which school Isss. Re-organization districts have been or may be abolished, may avail themselves of the privi- of other Societies into Disleges specified in this section. tricts. SEC. 5. The property of the school societies, specified in the preceding Property of section, shall not be affected by the provisions of this Title. sloh Societies SEC. 6. The board of education, appointed by any school district, crgan- fore. 1858. ized under the fourth section, shall possess all the powers and be subject to Pwers fBads of all the duties within said district, which are possessed by the School Visitors Education in in the several towns; shall make their annual report to the secretary of the State Board of Education, and send their returns and certificates directly to the Controller; and may appoint an Acting School Visitor in said district; lsss. who shall possess, within said district, all the powers and be subject to all Board may apthe duties of similar officers appointed by School Visitors. The authority of School Visitor. the board of School Visitors, of the town in which said district is situated, Authority of Board of School shall extend only to the remaining portion of said town; and their returns Visitors. and certificates shall include only the children of such remaining portion. SEC. 7. The Controller, on application of the board of education of such 1sss. district, shall draw an order in favor of such district on the Treasurer, for oAfpPbionmnent the proportionate amount, to which such district may be entitled, of all moneys appropriated by law for the benefit, support, and encouragement of public schools, as is provided in respect to towns; and the town in which said district is situated shall be entitled to receive only its proportionate amount of such public money for the children in the remaining portion of said town. CHAPTER IV. Seaool Visitors. SECTION SECTION 1. Organization and powers. 6 Duties of their secretary. 2. Notice of change of text-books. 7. Preservation of books and records. 3. _Meetings. S. Compensation. 4. Visiting schools; reports to town. 9. Oaths. 5. Returns to Controller; certificate to se- lectmen; joint duties with selectnmen. 132 EDUCATION. [Title 11. 1856. 1872. SEC. 1. Each board of School Visitors shall annually choose from themOrganization. Duties. selves a chairman and a secretary. They shall prescribe rules for the management, studies, classification, and discipline of the public schools, and, subject to the control of the State Board of Education, the text-books to Examination of be used; shall, as a board, or by a committee by them appointed, examine teachers. all persons desiring to teach in the public schools; and give to those with whose moral character and ability to teach they are satisfied, if found qualified to teach reading, writing, arithmetic, and grammar thoroughly, and the rudiments of geography and history, and of drawing if required by the board, a certificate, either authorizing the holder to teach in any district in the town so long as desired, without further examination, unless specially ordered, or to teach in any such district during the ensuing term only, or to teach only in a district therein named during such term; and if Higher a person is examined in and found qualified to teach other branches besides branches to be named in the those required in all cases, such branches shall be named in his certificate. certificate. Shall revoke They shall revoke the certificates of such teachers as shall at any time be certificates of incompetent found incompetent to teach or to manage a school, or fail to conformn to tes7. the requirements of the board; shall, if the town so direct, employ the miaety thm o teachers for all its public sclools, after consulting with the several district (irect them toalhe employ teach- committees; shall make proper rules for the arrangement, use, and safe To make rtles keeping of the district and high school libraries provided in part by the for libraries. State, and approve the books selected therefor; and shall fill vacancies in To fix school- district offices, fix sites and approve plans for school-houses, and superinhouse sites. HIigh schools. tend any high or graded school, in the manner specified in this Title.* s187. SEC. 2. When the board of School Visitors, or school committee, of any To notify the boards of ad- town, propose to order a change of any of the text-books used in its pubjoining towns when a change lie schools, they shall, at least two months before deciding what text-books of text-books s proposed. they will prescribe for the schools, notify the boards of School Visitors, or school committees, of all the adjoining towns, that such change is proposed; and the board giving notice, and the several boards notified, shall, so far as may be practicable and consistent with the best interests of all the schools of such towns, agree upon such changes of books as will cause the same text-books to be used in all said schools. 1874. SEC. 3. The chairman of each board of School Visitors, or, in case of Meetings of board. his absence or inability to act, its secretary, shall call a meeting of the board at least once every six months, and whenever he deems it necessary, or is requested in writing so to do by three of its members. If no meeting is called within fourteen days after such a request has been made, one may be called by any three members of the board, by giving the usual written notice to the others. 1s56. 1872. SEC. 4. The board shall annually assign the duty of visiting the schools Visiting schools, of the town to one or more of their number, of whom the secretary shall always be one, who shall be called the Acting School Visitor, or Visitors; and shall, in company with the other Visitors, and with the district committee, when convenient, visit such schools at least twice during each term, once within four weeks after the opening, and again during the four weeks preceding the close; at which visit the school-house and out-buildings, school register and library, shall be examined, and the studies, discipline, mode of *A general certificate, without limitation of time, given to a teacher, qualifies him to teach in any district of the town, until it is annulled or a re-examination ordered. 36 Conn., 2S2. Chap. 5.] SCHOOL DISTRICTS. 133 teaching, and general condition of the school, investigated. Half a day shall be spent in each school so visited, unless otherwise directed by the board. They shall, one week at least before the annual town meeting, r t lS2 Report to the submit to the board a full written report of their proceedings, and of the board. condition of the several schools during the year preceding, with plans and suggestions for their improvement. SEC. 5. The board of School Visitors shall make returns, signed by the Returns to the Controller. chairman and secretary, of the number of persons over four and under sixteen years of age in their respective towns to the Controller, and the chairman and secretary shall draw orders on him for the public money due the town, as prescribed in Chapter XI of this Title. After the close of each term of school in any district, the School Visitors shall give to the 1856. Certificate to selectmen a certificate, stating whether each school has been kept in all selectmen. respects according to law or not; and shall, in connection with the select- 1870. Joint duties men, perform the duties required by the provisions of said Chapter, and with selectmen. make the apportionment required in the case of districts formed from parts of two or more towns, as prescribed in the seventeenth section thereof. SEC. 6. The secretary of the board shall keep a record of all its pro- 17.f th Duties of the ceedings and of those of the Acting School Visitors, and of the decisions of secretary. the joint board of School Visitors and selectmen, required by said Chapter, in a book which he shall provide for that purpose at the expense of the town; shall submit to the town, at its annual meeting, a written report of the doings of the board, with the report of the Acting School Visitors; and on or before the fifteenth day of October, send two copies of said reports to the Secretary of the State Board of Education; and shall furnish such additional returns and statistics respecting the schools of the town as he may call for. SEC. 7. All school officers shall preserve all books and documents of Preservation of books and recpermanent value, pertaining to schools, which come into their hands by ords. virtue of their offices, and transmit them to their successors. SEC. 8. The secretary and other Acting School Visitors shall be paid 18,56. 1872. Compensation. by the town, for the time actually employed in the performance of their duties, three dollars a day, each, and in like proportion for parts of days. SEC. 9. All reports and returns, required by the provisions of this Title Oath72. to be made on oath or affirmation, may be affirmed or sworn to before any School Visitor. CHAPTER V. School Districts. SECTION SECTION 1. Towns may form, alter, and dissolve dis- 9. Division of real estate. tricts. 10. Associations under Act of 1841. 2. Powers. 11. Districts formed from several towns. 3. Record of name and boundaries. 12. District meetings. 4. Settlement of boundaries. 13. Where held. 5. Notice of proposition to alter or dissolve 14. How warned. district. 15. Who may vote. 6. Appeal. 16. Election of officers. 7. Proceedings on appeal. 17. Vacancies. 8. Disposition of school property on change 18. Duties of officers. in district. 19. Official bonds. 134 EDUCATION. [Title 11. SECTION SECTION 20. Neglect to keep up school. 25. Appraisal of land damages. 21. School-house. 26. Payment of land damagcs anll costs. 22. New school-house. 27. Church site not to be talken. 23, Choice of site. 2S. Non-resident scholars. 24. Taking land for site. 29. Use of school-houses for other purposes. 1t;60. SEC. 1. Each town shall have power, except as is hereinafter provided, to Touawns may form, alter, and form, unite, alter, and dissolve school districts and parts of school districts dissolve school districts. within its limits; and any two or more towns may form school districts of adjoining portions of their respective towns: but no new district shall be so formed, nor any district so divided, that it shall contain less than forty persons between four and sixteen years of age. p1O56. oS65. SEC. 2. Every school district shall be a body corporate, and shall have Powers of school districts. power to sue and be sued, to purchase, receive, hold, and convey, real and personal property for school purposes; to build, purchase, hire, and repair, school-houses, and supply them with fuel, furniture, and other appendages and accommodations; to establish schools of different grades; to purchase globes, maps, blackboards, and other school apparatus; to establish and maintain a school library; to employ teachers, except for such time as the town may direct the School Visitors to employ the teachers, and shall pay the wages of such teachers as are employed by the district committee in conformity to law; to lay taxes and borrow money for all the foregoing purposes; and to make all lawful agreements and regulations for establishing and conducting schools, not inconsistent with the regulations of the town having jurisdiction of the schools in such district.* 1849. SEC. 3. The name, number, and limits of every school district shall be Record of names and entered on its records, and on the records of the town or towns to which it bounds. belongs. 14Set 9.tleent SEc. 4. When the boundary lines of any district are not clearly settled Settlement of boundary lines. and defined, the selectmen of the town in which it is situated shall settle and define the same; they shall also settle and describe the boundary lines of any new district; and when said selectmen cannot agree in settling and defining said lines, the town to which such district belongs may appoint three indifferent persons for that purpose, who shall have the samen authority therein as is herein conferred upon said selectmen; and when parts of such districts lie in two or more towns, the selectmen of the towns in which any such part is situated, or, in case of disagreement, three indifferent persons appointed by any judge of the Superior Court, on application of * Districts may sue by the name by which they are generally known. 13 Conn., 234. Every inhabitant of a district is a party to any suit brought against it, and may appear and defend, and is concluded by the judgment; and his property may be taken upon any execution issued against it. 10 Conn., 395-397. The votes and proceedings of school societies and school districts, if confined to subjects within their jurisdiction, and reasonably intelligible, will be favorably construed by the courts. 15 Conn., 332; 15 Conn., 454. A vote laying a tax need not specify the particular expenses which it is designed to meet, if it can be inferred with reasonable certainty that it is imposed for legitimate purposes. 12 Conn., 439. Districts have power to remove teachers as well as to appoint them. 33 Conn., 304. ~Much must be left to the discretion of a district, in determining as to the character and cost of its school-houses, and the courts will not interfere, unless in a case where such discretion has been manifestly abused. Providing a hall in the building, separate from the school rooms, for district meetings, lectures, &c., is not necessarily improper. 25 Conn., 226, 227. Districts have no right, against the wishes of any of their tax payers, to allow religious meetings to be regularly held in their school-houses, when the school is not in session, if it does any substantial injury to the building or its contents, or increases the danger of fire. 27 Conn., 503-50S. And an injunction will be granted in such a case at the instance of any tax payer. 1bid. A school-house is not an "out-house" within the meaning of the statute as to burglarious entries of out-houses. 10 Conn., 145. Chap. 5.] SCHOOL DISTRICTS. 135 either town and notice to the other, shall settle and define the boundary lines of such part. SEC. 5. When it is proposed to form, alter, unite, or dissolve any school 1860. Notice of propodistrict or districts, notice that such change is proposed shall either be sition to alter school districts. posted on the school-house in each school district to be affected, or, if there be no school-house in any of such districts, at the usual place for posting warnings for meetings of such districts; or printed in a newspaper published in the town to which such districts or any one of them may belong; and a copy of the same shall be left with the clerk of each of said districts at least fifteen days before the town is called to act upon the proposition. SEC. 6. When application shall be made to a town to form, alter, or 1865. Appeal to Supedissolve a school district, or to unite two or more school districts, any district rior Court. aggrieved by the action or neglect of action of the town, in the premises, may appeal from such action, or neglect of action to the Superior Court of the county in which such town is situated, at either of the next two terms succeeding the action or neglect appealed from, by an application contain- Mode of aping a brief statement, that such an appeal is taken, by whom, and from pealing. what, signed by the agent of the appellant; to which shall be annexed a citation, signed by proper authority, notifying the appellees to appear at the court to which such appeal is taken; and service thereof shall be made by some proper officer by leaving a true and attested copy of such appeal and citation with the town clerk, or a selectman, of such town, and with the clerk, or one of the district committee, of any other district interested, at least twelve days before the session of the court. SEC. 7. Said court shall have the same powers to act upon said ap- s1o5. Proceedings on plication that said town had, and may appoint a committee to report the appeal? the facts and its opinion thereon; and the final decree of the court shall be recorded in the records of said town; and said court may allow and tax costs at its discretion, including fees for surveys, copies, and recording decree. Unless the town shall thereafter abolish all the school districts 1872. Effect of decree. and parts of districts within its limits, no alteration of the lines fixed by such decree shall be made, except by the Superior Court of such county; which shall have original jurisdiction of any application for the purpose, made by any district interested. SEC. 8. When any districts shall be consolidated, the new district 1Vu6. Disposition of shall own all the property of the several districts; and when a district school property on alteration of shall be divided, its property, or the income and proceeds thereof, shall be districts. distributed among the several parts, in proportion to the number of persons between four and sixteen years of age in each; and in case the distribution shall not be made before the district is divided, and the several parts cannot agree, the selectmen of the town, or if the district lies in two or more towns, the selectmen of the several towns, shall distribute the same. SEC. 9. When, on any such division of a district, its only or principal 1856. Division of real property shall consist of a school-house and real estate connected therewith, estate. which cannot be divided between the several parts of said district without great inconvenience, the selectmen of the town, instead of dividing such school-house and real estate, shall set it all to one part, and award that the other part or parts shall receive, from the part to which it is set, such sum of money as such selectmen may deem just; and such award shall be binding upon the several parts of said district. 136 EDUCATION. [Title 1 1. 1842.1856. SEC. 10. All associations under the Act of 1841, allowing any two or Associations n formed under more adjoining school districts to associate together and form a union disAct of 1841. trict, entered into before the repeal of said Act, shall continue to be managed and regulated according to the provisions of said Act, unless the town shall abolish or consolidate all the school districts within its limits. 1856. SEC. 11. The schools in every school district formed from parts of two Jurisdiction over school dis- or more towns shall be under the charge and direction of the town in which tricts in two or more towns. the school-house is situated, unless the towns shall agree otherwise. 1856. 1861. SEC. 12. Every school district shall hold an annual meeting, on such 1868. 1872. District meet- day in June, July, August, or September in each year, as it may order, or logs, when held and by whom in the absence of such order, as the committee, or clerk of the district, in called. the notice thereof, may designate, for the choice of officers, and for the transaction of any other business relating to schools; and shall also hold a special meeting when the same shall be duly called. 1856.Distri SEC. 13. District meetings shall be held at the district school-house; but District meetlogs, where if there be no suitable school-house, the committee, if there be one, otherheld. wise the clerk, and if there be no committee and no clerk, the selectmen of the town, to which said district belongs, shall determine the place of meeting, which shall, in all cases, be within the district.* 1823. SEC. 14. Notice of the time, place, and object, of every meeting of the 1851. 1856. Notice of meet- district, shall be given, at least five days inclusive, previous to holding it. ings. The district committee, or, if there be no such committee, the clerk, or, if there be no committee and no clerk, the selectmen of the town, shall give notice of a district meeting, either by publishing the same in a newspaper printed in the district, or by posting a notice on the district schoolhouse, or on the sign-post in the district, or in some other mode previously designated by the district; but if there be no such newspaper, schoolhouse, cr sign-post, or other mode so designated, the selectmen of the town, to which said district belongs, shall determine how and where the notice shall be given. The person or persons, giving such notice, shall, on the day of giving it, leave a duplicate of it with the clerk of the district, who shall preserve it on file.j 185ho 6.y ote SEC. 15. Every person, residing in the district, qualified to vote in town Who may vote in district meeting, may vote in district meetings; and every meeting may choose its meetings. own moderator, and may adjourn from time to time to meet at the same or some other place in the district. Every person who shall vote illegally in any school district meeting, shall forfeit thirty dollars to the town in which the offence is committed. 56.Choice of SEC. 16. Each school district shall choose, by ballot, at tie annual meetofficers. ing, a committee of not more than three persons, a clerk, who shall be sworn, and a treasurer and collector; who shall hold their respective offices until the next annual meeting, and until others are chosen and qualified; and any resident of the district so chosen, who shall refuse or neglect to perform the duties of the office, shall pay five dollars to said district; but any new district may choose its officers at its first, or at any subsequent ~ The meeting must be opened within a reasonable time after the hour specified in the warning. A delay of over an hour is not necessarily unreasonable. 13 Conn., 234. t All that is required in the notice is, that' it should be so expressed that the inhabitants may fairly understand the purpose of the meeting. 13 Conn., 234. If it state the object plainly, it need not specify the mode of accomplishing it, and if there is more than one sign-post in the district, the notice may be posted on any of them. 15 Conn., 332. Chap. 5.] SCHOOL DISTRICTS. 137 meeting, called by the selectmen of the town; who shall hold their offices till the annual meeting of such district. The members of the district cornm- 162. mittee shall be residents of the district; but the other offices may be filled by any inhabitants of the town to which said district belongs. SEC. 17. If any district, at the time for the annual meeting, shall fail to 1856. Vacancies, how' appoint all, or any, of said officers; or if any vacancy shall occur by removal filled.' from the district, or otherwise, the School Visitors of the town, to which such district belongs, shall make such appointment, and fill such vacancy, on receiving written notice thereof from any three members of the district; and shall lodge the names of such officers, so appointed, with the district clerk. SEC. 18. The clerk, treasurer, and collector, of each school district, shall 1uties856of exercise the same powers, and perform the same duties, in their respective ficers. districts, as the clerks, treasurers, and collectors of towns do in their respective towns.* SEC. 19. Any district may require the treasurer and collector respectively Bonds may be to give bonds to the district, to the approval of the district committee, for required from the faithful discharge of the duties of their respective offices, before assuming such duties. SEC. 20. In case of any refusal or neglect by any district to employ a Ne 18le2tofadis teacher and keep open a school during the usual portion of the year, the trict to open school. School Visitors of the town having jurisdiction over such district may employ teachers, and keep open a public school in the school-house of said district for the period for which the town would be obliged during that school year to maintain a school in such district; but the whole expense of any school thus opened shall be paid by the town on the order of the selectmen, upon their receiving a certificate of the amount thereof from the School Visitors. And, in any such case, the town shall be entitled to receive the same payments from the School Fund and State appropriation, as if such school had been kept open by such district in the usual manner. SEc. 21. No district shall be entitled to receive any money from the Every district State, or town, unless it has a school-house, and out-buildings, satisfactory m t" have a to the board of School Visitors. SEC. 22. No new school-house shall be built except according to a plan Erectio186f approved by-the board of School Visitors, and by the building committee school-houses. of such district; nor at an expense exceeding the sum which the district may appropriate therefor. SEC. 23. The vote of two-thirds of those present and voting at a meet- la;S19 S794. ing of the district shall be necessary to fix or change the site of a school- Fixin' site of house; but if such two-thirds vote cannot be obtained in favor of any site, the School Visitors of any town adjoining the town or either of the towns in which such district is, on application of the district, shall fix the site, Compensatiosn and make return to the clerk of the town in which such site is to be; and tos for fixing shall receive a reasonable compensation for their services from said district. t SEC. 24. Any school district may take land which has been fixed upon Districts may as a site, or addition to a site, of a school-house for a public school, and tace lanhforse * The records of a school district are legal evidence of its proceedings, in a suit to which it is a party. 13 Conn., 235. The clerk need not take the oath of office immediately after his election, or before taking minutes of the proceedings at a district meeting; provided he takes it before he performs any regular official act, such as making or sanctioning a formal record. 15 Conn., 333. t Under this section, a district cannot, without a two-thirds vote, order any term of school to be kept elsewhere than at the regular school-house, if there be one. 28 Conn., 332, 333. 138 EDUCATION. [Title 11. which is necessary for. such purposes, and for necessary out-buildings and convenient accommodations for its schools, upon paying to the owner just compensation. 185l. I`S2. SEC. 25. If such school district cannot agree with the owner upon the Mode of taking land. amount of such compensation, it may prefer its petition to the Superior Court in the county in which the land lies, or, if said court is not in session, to either judge thereof, praying that such compensation may be determined; which shall be accompanied by a summons, signed by competent authority, notifying the owner of the land to be taken, and all persons interested therein, to appear before the said court or judge, and shall be served as other petitions; and, upon said petition, said court or judge shall appoint a committee of three disinterested men, who, after being sworn, and giving reasonable notice to the parties, shall examine the land proposed to be taken; and, if they approve the site, shall ascertain its value, and assess such sum in favor of the owner as will justly compensate him therefor; but if they do not approve said site, may fix another site on land of the same owner, and proceed as aforesaid, and report their doings to said court or judge; and their report may be rejected for any irregular or improper conduct in the performance of their duties. 18s. 1872. SEC. 26. If the report be rejected, the court or judge shall appoint anOwners to be paid before other committee, who shall proceed in the same manner as the first commitland is occupied. tee were required to proceed; but if it be accepted by said court or judge, such acceptance shall have the effect of a judgment in favor of the owner of the land against the petitioner, for the amount of the assessment made by the committee, and execution may be issued therefor; and such court or judge may make any order necessary for the protection of the rights of all persons interested in the land taken, and it shall not be used or inclosed by the district, until the amount of said judgment shall be paid to the party to whom it is due, or deposited for his use with the county treasurer. Said 1s56. district shall pay the'committee a reasonable compensation for their serCosts of court. vices, to be taxed by said court or judge. 1871. SEC. 27. No school district, society, or town shall take for school purLand of ecclesiastical society poses the land of any ecclesiastical society, upon any part of which a church not to be taken. building has already been erected, without the consent of such ecclesiastical society. 1872. SEC. 28. Persons not residing in a school district may attend the public Non-resident scholars. schools therein, if the consent of the committee of such district and of the School Visitors of the town be first obtained, but not otherwise. 1i8e Sl.- SEC. 29. Any school district or town may, by a vote of two-thirds of Use of schoolhouses for other those present at any legal meeting, allow its school-house or houses, when purposes. not in use for school purposes, to be used for any other purpose. CHAPTER VI. Consolidation of School Districts. SECTION. SECTION. 1. May be effected by any town. 4. Powers and duties of town school com2. Election of town school committee. mittees. 3. School business to be done at town meet- 5. Property and obligations of the old disinIs. 1 tricts Chap. 6.] CONSOLIDATION OF SCHOOL DISTRICTS. 139 SECTION SECTION 6. Permanent funds. 9. Notice of consolidation. 7. Libraries. 10. Abandonment of union system. 8. Payment of school expenses. 11. Taking land for site of school house. SEC. 1. Any town may abolish all the school districts, and parts of C166. 1i;9. Consolidation school districts, within its limits; and assume and maintain control of the by vote of town. public schools therein, subject to such requirements and restrictions as are or may be imposed by the General Assembly; and for this purpose every such town shall constitute one school district, having all the powers and duties of a school district, with the exceptions hereinafter stated. SEC. 2. Every such town shall elect by ballot, six, nine or twelve Is86. School cornmale residents of the town as a school committee, who shall divide them- mittee. selves into three equal classes, holding office one, two, and three years, respectively, provided the control of its common schools by said town be so long continued; and at every subsequent annual election two, three or four members of the committee, as the case may be, shall be elected by ballot for a term of three years, in the manner prescribed for the election of School Visitors. SEC. 3. All business relating to public schools in such town shall be Schooltbusiness at town meettransacted at town meetings. ings. SEC. 4. The school committee in such town shall have in general the 1867. Powers and dupowers and duties of district committees and boards of School Visitors; ties of school committees. s'hall see that good public schools of the different grades are maintained in the various parts of the town, for not less than thirty weeks annually; shall appoint one or more Acting Visitors under their direction, to examine teachers and visit schools; manage the property of the town pertaining to schools; lodge all bonds, leases, notes, and other securities with the treasurer of said town, unless the same have been intrusted to others by the grantors, or the General Assembly; pay to the town treasurer all moneys which they may receive for the support of schools; determine the number and qualifications of the scholars to be admitted into each school; designate the schools which shall be attended by the children within their jurisdiction; and may arrange with the committee ol any adjacent town or district for the instruction therein of such children as may attend there more conveniently; shall fill any vacancies in their own number; shall annually, during the first two weeks of September, ascertain the expenses of maintaining the schools under their superintendence, during the year ending the thirty-first day of the previous August, and report the same, with the amount of moneys received toward the payment thereof, to the annual town meeting; and shall, at the same time, make a full report of their doings, and the condition of the schools under their superintendence, and of all important matters concerning the same; and shall perform all lawful acts which may be required of them by the town, or which may be necessary to carry into effect the provisions of this Title. SEC. 5. Such towns shall assume the property and be responsible for 1867. Property and the debts of the districts within their respective limits. Such property debts ofconsolidated school may be appraised and the amount of the debts estimated, under the di- districts. rection of the town, and the appraised value of such property shall be raised by a tax to be laid by the town on its grand list next completed; and the tax-payers in each of the districts previously existing shall be paid or 140 EDUCATION. [Title 11. credited on the rate-bill with their respective proportions of any excess of the property of such district over and above its liabilities, as ascertained by the town; or the difference in the value of the property of the several districts may be adjusted in any other manner agreed upon by the parties in interest. Permanent funds vested in any town for school purposes shall remain in charge of the school fund treasurer of the town. 1S72. SEc. 6. In case any school district, formerly existing in a town in which Permanent district funds. the school districts have been or shall be abolished or consolidated, has re. ceived a permanent fund for the support of a school or schools in said district, the school fund treasurer shall have charge of it, and keep a separate account thereof; and the income of said fund shall be held subject to the order of the school committee, which shall apply it for the benefit of the school or schools within or nearest to the limits of the district formerly existing, in such manner as to carry out, as nearly as possible, the intent of the grantor of said fund. 1867. SEC. 7. Every such town shall be entitled to receive from the State, School libraries. annually, and upon the conditions prescribed for school districts, for the purposes of school libraries, a sum not exceeding the aggregate amount which the former districts of said town might have received in like circumstances. Payment of SEC. 8. The expenses of maintaining public.schools in such towns, sehool expel- which shall be incurred with the approval of the school committee, shall be paid by the town, except so far as they may be met by the income from local school funds. s72. SEC. 9. When any part of a school district lying in two or more towns Notice of abolition of part of a shall be abolished or consolidated by either, its selectmen shall give imschool district. mediate notice thereof to the selectmen of the other town or towns, which shall thereafter provide for the schooling of the children belonging thereto, who formerly belonged to said school district. 1867. SEC. 10. Any town which has or shall have, assumed the control of its of lnion sest public schools, as provided in the first section, may, at its second annual telm. meeting thereafter, but not previously, or at any subsequent annual meeting, abandon such control, and re-establish the several school districts therein, as they were before said action; and the property, or the revenue or proceeds thereof, belonging to said town as a consolidated school district, shall be distributed by the selectmen, as is provided in the fifth section; but all local funds, formerly the property of any of the original districts, shall be first returned, or made good to the same. i857. SEC. 11. Towns shall have the same powers, and be subject to the same Taking land for school pur- regulations, as school districts, in taking land for school houses, outbuildposes. ings, and convenient accommodations for schools. CHAPTER VII. District Committees. SEc. 1. Duties. I SEC. 2. Reports. 1856. 1872. SEC. 1. The committee of every district shall give due notice of all Dueeties. meetings of the district; may call a special meeting thereof at any time, Chap. 8.] HIGH SCHOOLS. 141 and shall call one, on the written request of one-fifth or of ten of the legal voters in the district, stating the object for which a meeting is desired, to be held within fifteen days after such request is presented; and for any failure so to comply with such a request, they shall forfeit thirty dollars to the district. They shall, unless otherwise directed by the district, or unless the town has directed the School Visitors to employ the teachers, employ one or more qualified teachers; shall provide suitable school-rooms, and furnish the same with fuel properly prepared; visit the schools, by one or more of their number, twice at least during each term; shall, when the scholars are not properly supplied with books, and their parents are too poor to furnish them, provide the same, the cost thereof to be included in the incidental expenses of the term; shall suspend during pleasure, or expel from school for the term, all pupils found guilty, on full hearing, of incorrigibly bad conduct; and shall give such information and assistance to the School Visitors of the town, as they may require.* SEC. 2. The committee shall give to the secretary of the board of School 1867. Reports reVisitors notice of the date of the commencement and close of each school quired. term, within one week of said commencement, and at least four weeks before the close, respectively; and shall annually, on or before the fifteenth day of September, report to the School Visitors, in the manner and form prescribed by the Board of Education. They shall return an enumeration of the children residing in the district on the first day of January in each year, in accordance with the provisions of Chapter XI of this Title; and the committee of every district, formed from parts of two or 1861. Distracts lying more towns, shall make such-return to the School Visitors of each of said in several towns. towns, specifying the towns to which each person so enumerated belongs; and shall make returns to the secretary of the board of School Visitors of tne town having jurisdiction over the district of the receipts, expenditures, and statistics, in accordance with blank forms furnished by the Secretary of the State Board of Education. CHAPTER VIII. High Schools. SECTION SECTION 1. Powers of towns. 3. Powers of SchoolVisitors. 2. High school committees. SEC. 1. In addition to the schools required by Chapter II of this Title, 1856. Powers of every town may establish and maintain schools of a higher grade within its towns. limits, and for such purpose purchase, receive, hold, and convey any property; build and repair school-houses; lay taxes for the purposes herein named; and make contracts and adopt regulations for the management of such schools. * When the district has a proper school-house, the committee cannot provide another school-room elsewhere. 28 Conn., 333. The committee can remove teachers, when they think it for the interest of the school; but both in appointing and removing teachers they are subject to the control and directions of the district. 33 Conn., 304. They can employ teachers for a time extending beyond their own term of office. 36 Conn., 282. 12 142 EDUCATION. [Title 1 1. 1861. SEC. 2. Every town may choose, by ballot, a committee of not more than IIigh school committees. five residents of the town, who shall have all such powers and duties, in relation to such schools, as are by law imposed upon district committees, in relation to district schools. 1856. 1S61. SEC. 3. When any town shall maintain any such school of a high grade, Powers of School Visitors. the board of School V isitors shall prescribe rules for the admission of scholars into it, and for their studies, books, and classification; examine all candidates for teachers in such school, and give to those with whose moral character, literary attainments, and ability to teach, they are satisfied, a certificate, stating what branches they are found capable of teaching; visit such school at least twice during each term; may revoke the certificate of any teacher, at any time, for the causes provided in the first section of Chapter IV of this Title; and, if the town fail to elect a committee, as provided in the preceding section, shall appoint such committee, whose powers and duties shall be the same as if appointed by the town. CHAPTER IX. School Libraries and Philosophical Apparatus. SEC. 1. State aid. I SEC. 2. Expenditure of appropriation. s185. 1867. SEC. 1. The Treasurer of the State, upon the order of the Secretary of State aid. the Board of Education, shall pay ten dollars to every school district, and to every town maintaining a high school, which shall raise by tax or otherwise a like sum for the same purpose, to establish within such district, or for the use of such high-school, a school library, and to procure philosophical and chemical apparatus; and the further sum of five dollars annually, upon a like order, to each such district or town, which has raised a like sum for the current year, for maintaining or replenishing such library or apparatus. 1869. And if the number of scholars in actual attendance in any such district, or'o large districts or high high school, exceeds one hundred, the Treasurer shall pay ten dollars in the schools. first instance, and five dollars annually thereafter, for every one hundred, or fractional part of a hundred scholars, in excess of the first hundred. Selection of SEC. 2. The selection of all books and apparatus to be purchased shall books and apparatus. be made or approved by the board of School Visitors; which shall also prescribe the rules for their management, use, and safe keeping. CHAPTER X. Teachers. SEC. 1. Certificates. I SEC. 2. School register. 1856. SEC. 1. No teacher shall be employed in any school receiving any porCertificate of examination by tion of its support from the public money, until he has received a certificate School Visitors. of approbation, signed by a majority of the board of School Visitors, or by all the committee by them appointed; nor shall any teacher be entitled to any wages, so far as the same is paid out of any public money appropriated Chap. 11.] SUPPORT OF PUBLIC SCHOOLS. 143 to schools, unless he can produce such certificate, dated previous to the opening of his school.* SEC. 2. The teacher of every public school shall keep and fill out the IS56. 1867. Teacher to keep school register provided by the State, in the manner and form required by register. the State Board of Education, and deliver it at the close of each term to the School Visitors; and no teacher shall be entitled to receive any pay, until such register shall have been so filled out and delivered. CHAPTER XI. Support of Public Schools. SECTION SECTION 1. Enumeration of scholars. 11. Payments to districts. 2. Form of return of enumeration. 12. City school taxes. 3. Correction of returns; form of certificate 13. Neglect of town to lay school taxes. to Controller. 14. Temporary union schools. 4. Distribution of public moneys. 15. Extraordinary school expenses. 5. Lencth of school year. 16. No payment before report of enumeration 6. Schools not kept as required by law. of scholars. 7. Misapplication of school moneys. 17. Districts in several towns. 8. Town deposit fund. 18. Remitting forfeitures. 9. School society and district funds. 19. False certificates by School Visitors. 10. Reports and apportionments by School Visitors and selectmen. SEC. 1. The committee of each school district, or, if they fail or are un- 1838. 18419. Enumeration of able to do so, its clerk, shall, annually, in January, ascertain the name of scholars. every person over four and under sixteen years of age, who shall belong to such district on the first Monday of said month, together with the names of the parents, guardians, or employers of such person; and return the same to the School Visitors of the town to which such district belongs, on or before the twentieth day of said month; and, in making such enumeration, children temporarily residing in one district, but having parents or guardians residing in another, shall be enumerated only as belonging to the latter district. If such return is not made on or before said day, one of By a School Visitor. the School Visitors shall make such enumeration before the first day of February next following, and return it to said School Visitors; and shall receive therefor five cents for each child so enumerated, to be paid from the amount appropriated by the town for the support of schools in said district. SEC. 2. Such return shall be signed by the person making it, and sworn S 1849 Form of return to, substantially according to the following form: of enumeraticn. I hereby certify, that I have carefully enumerated, according to law, all persons between the ages of four and sixteen years, within the school district, and find that on the first Monday of January, A. D. there were of such persons, residing in and belonging to said district, the number of A. B. * Teachers may be discharged by the district; or, in the absence of any action by the district, by the district committee, if they think it for the interest of the school. 33 Conn., 304. If improperly discharged by the committee, against the orders of the district, they will be reinstated by a writ of mandamus. Id., 305, 806. A general certificate of examination and approbation, not limited to any particular district or term of school, makes the holder qualified to teach in any district of the town, unless it is revoked or a re-examination required. 36 Conn., 282. 144 EDUCATION. [Title 11. On this day of, A. D.,, personally appeared the above-named A. B., and made oath to the truth of the above return, by him subscribed; before me, C. D. Correction ofr3- SEC. 3. The School Visitors of the town shall examine and correct the turns. returns made to them, so that no person shall be enumerated twice in different districts, or be improperly returned; and lodge them, as corrected, with the town treasurer. They shall also transmit to the Controller, on or certificate to before the fifth day of February, annually, a certificate in which the numController. ber of persons shall be inserted in words at full length, which shall be sworn to, substantially according to the following form: Form of certifi- We, the School Visitors of the town of, certify, that from cate. the returns made to us under oath, as by law provided, we find that on the first Monday of January, A. D. there were residing in, and belonging to said town, the number of persons between four and sixteen years of age; and from the best information we can obtain, we believe that said number is correct. School Visitors. On this day of A. D., personally appeared the abovenamed School Visitors, and made oath to the truth of the above certificate, by them subscribed: before me, C. D. 1856. SEC. 4. The income of the School Fund, which, after deducting all ex1871. 1S7-2. Distribution of penses attending its management, shall remain in the treasury on the twenincome of School Fund, ty-eighth day of February in each year, and also one dollar and fifty cents and State appropriatiol. p for every person between four and sixteen years of age, belonging to any school district, as ascertained from the last returns of the School Visitors, shall annually, as soon as may be after said day, be divided and distributed by the Controller among the several towns, in proportion to the number of persons in each between the ages of four and sixteen years, as ascertained 1s8-5. 18s2. from said returns; and he shall transmit the amount distributed to each town to its treasurer, on the application of its School Visitors, or of its school committee, if such town constitute but one school district; but no such money shall be transmitted to any town until the Controller shall have received from its School Visitors or committee a certificate, signed by them or their chairman and secretary, and substantially in the following form: ismo. We, the School Visitors of the town of, certify, that the Form of certificate to Control- schools in said town have been kept for the period required by law during ler. the year ending the thirty-first day of August last, by teachers duly examined and approved, and have been visited according to law; and that all moneys drawn from the public treasury by said town for said year, appropriated to schooling, have been faithfully applied and expended in paying for teachers' wages, and for no other purpose whatever. Dated at this day of A. D. School Visitors. To the Controller. 1870. SEC. 5. No town shall receive any such money from the treasury for any Length of time durinll which district therein, unless the school in such district, during the preceding schools receiving State aid school year, shall have been kept according to law for at least thirty weeks, must be kept. Chap. 11.] SUPPORT OF PUBLIC SCHOOLS. 145 if the number of persons therein between four and sixteen years of age, at the enumeration made within said school year, was twenty-four or more; and for at least twenty-four weeks, if the number of such persons therein at said enumeration was less than twenty-four. SEC. 6. When the school in any school district shall not be kept accord- Case of86hools ing to law, the School Visitors of the town, to which such district belongs, not kept accordshall, in their certificate or certificates to the Controller for the year following, state such fact, and also the number of children enumerated in such district; and when application is made for the school moneys payable to such town for said year, he shall deduct from the whole number of children, enumerated in such town, the number contained in such district; and shall draw an order for such part only of the moneys that would otherwise go to said town, as is proportioned to the number of children in the remaining districts therein. SEC. 7. If any money, appropriated to the use of schools, shall be ap- 1798. Misapplication plied by a town or school district to any other purpose, such town or school of school district shall forfeit the amount thereof to the State; and the Controller moneys. shall sue for the same in behalf of the State, to be applied, when recovered, to the use of schools. SEC. 8. The income of the town deposit fund, belonging to any town, T is0. Town deposit and of any other town fund which is or shall be established or appropriated fund. for the support of public schools in any town, shall be paid annually into the town treasury, for the support of public schools therein. SEC. 9. The income of any fund that is or shall be established or appro- 1872. priated for the support of public schools in any school district or school so- and district ciety existing in any town, shall be paid annually into the treasury of such funds. district or society, for the support of public schools therein; but if such district or society shall at any time cease to exist, then the principal of said fund shall be paid over to the school fund treasurer of the town; the income thereof to be applied for the support of public schools therein, in the manner prescribed in the sixth section of Chapter VI of this Title. SEC 10. The School Visitors and selectmen in each town shall, as a 1869. 1is0. joint board, present at the annual town meeting a written or printed state- mnt to towtat ment of the total cost of each and all of the public schools in such town meeting. for the school year next preceding, and an estimate of the cost of such schools for the current school year. Said board shall also, on or before Apportionment the fifteenth day of October in each year, fix the several amounts which to districts. in their judgment will be sufficient to pay the wages of teachers (including board), fuel, and the incidental expenses of maintaining the schools in the various districts within the jurisdiction of such town, for the period, during the current year, that schools are required by law, or by vote of the town, to be maintained; and shall notify the respective districts of the several amounts so fixed. SEC. 11. At the close of each term of school in any district, and on the 1870. 18i2. Payments to certificate of the School Visitors that the school or schools of the district districts. for such term have been kept in all respects according to law, the selectmen shall draw an order on the town treasurer in favor of such district for a sum of money sufficient, and no more than is sufficient, to pay the expenses incurred by said district for said term, for the wages of teachers (including board), fuel and incidental expenses, if the expenses incurred by the district for the above named purposes, during the school year, do not 146 EDUCATION. [Title 11. exceed the amount fixed upon for such district as provided in the preceding Expenses ex- section. But if such expenses exceed said amount, the joint board of ceelding the estimate, to be School Visitors and selectmen shall meet, within fifteen days after the close passed upon by joint board. of the school year, and decide whether or not the expenditure in excess of the amount fixed upon was necessary to maintain the school or schools of the district for the time required by law. If said board shall decide that such additional expense was necessary, the selectmen shall draw an order on the town treasurer for an amount sufficient to pay the same; but if said joint board shall decide that such additional expense was not necessary, the district shall pay it, unless the town otherwise order. 1870. SEC. 12. No town which includes a city within its limits, shall be reTax in city school dis- quired to expend for school purposes in any year a greater sum than would be raised by a tax of one mill on its grand list, if said city is organized into one or more school districts, by which a sum has been appropriated for the support of public schools during the year in which such tax would be payable, sufficient, with the income derived from other sources, to pay the wages of teachers, the cost of fuel, and the incidental expenses of the public schools of said district or districts for at least thirty weeks of said year; provided, that said sum shall be paid, without abatement, on or before the first day of March next following the time at which the town tax shall have become due, to the several school districts in the town, in proportion to the number of children in each, at the last preceding enumeration, between the ages of four and sixteen years. 1860. SEC. 13. If any town shall neglect or refuse to provide for the support Neglect to lay towln school of its schools, according to the provisions of the three preceding sections, it shall forfeit to the State a sum equal to the amount which it was by said provisions required to raise and appropriate. 1s70. SEC. 14. ~When the number of scholars in any district for any term of Temporary lllion of small school shall be so small that, in the judgment of the district, the maintenschools in diffesent districts. ance of a separate school by said district for such term is inexpedient, such district may, for such term, by vote, unite its school with the school of an adjoining district, or districts. Such union of schools shall be made only with the approval of the School Visitors of the town or towns in which the districts are situated. And if any district shall thus unite its school with that of another district or districts, it shall be as full a compliance with the law, as if it had maintained a separate school for the time required by law. 1870. SEC. 15. If any district maintains a school of a higher order than is reExtra expenses for schooling. quired by law, and thereby incurs increased expense for its school; or if any district shall continue its school for a longer time than is provided for at the expense of the town, according to the first section of Chapter II; or if any district shall expend for teachers' wages or other purposes a sum which the School Visitors and selectmen deem unnecessary and extravagant; the cost of such school, above the sum received by such district from the town shall be paid by a tax laid by said district. Nothing, however, in this Title is to be construed as forbidding the payment of the additional expenses of continuing any school longer than the time required by law, by voluntary contribution, or by tuition charges. SEc. 16. No district shall be entitled to receive any money from the State or town in any year, unless the district committee shall have made, Chap. 12.1 THE NORMAL SCHOOL. 147 on or before the fifteenth day of September preceding, the report required 1870. No payment beby the second section of Chapter VII of this Title. fore report of enumeration of SEC. 17. The income from the School Fund and the amount of the scholars. 1S70. 1871. annual State appropriation, apportioned to any school district formed from District situated in different parts of two or more towns, shall be paid into the treasury of the town, hav- towns. ing jurisdiction over such district under the provisions of the eleventh section of Chapter V; and the expenses of the school in such district shall be paid by said town, in the same manner and on the same conditions as if said district lay wholly within it; but during September, in each year, the School Visitors of said town shall ascertain the cost of maintaining said school for the year ending on the thirty-first day of the preceding August; and, having deducted from this amount the sums received by the town for such district during said year from the School Fund and State appropriation, shall apportion the remainder of the cost of such school among the towns in which such district lies, in proportion to the number of persons between the ages of four and sixteen years in each, as ascertained by the enumeration made in the January preceding, according to the provisions of the first section of this Chapter; and shall, before the first Monday in October, present a copy of said apportionment to the selectmen of each of said towns; and the selectmen of the town or towns not having jurisdiction over said district shall cause the sums, thus apportioned to their respective towns, to be paid to the town having jurisdiction over said district. SEC. 18. In all cases when a school in any district has been or shall be 1849. lsst,. Power to remit kept during a portion of the school year, but not according to law, or when forfeitures. for any other cause there has been or shall be a forfeiture of moneys accruing from the School Fund, or annual State appropriation, that would otherwise have been paid to any town or school district, the Secretary of the State Board of Education shall, on application from such town or school district, examine into the facts of the case, and decide, according to equity, on the right of the applicants to receive the moneys so forfeited; and, if he decide in favor of such right, and so certify to the Controller, the same shall be paid as if no forfeiture had occurred. SEc. 19. If any School Visitor shall fraudulently make or join in mak- 1856. Fradulent cering any false certificate, by reason of which money shall be drawn from tificate by the treasury of the State, he shall forfeit sixty dollars to the State. School Viitors. CHAPTER XII. The Normal School. SECTION. SECTION. 1. Its object, and support. 4. School to be managed by Board of Educa2. Number of scholars: examination by tion. School Visitors; qualifications. 5. Model primary school. 3. Selection of scholars by Board of Education. SEC. 1. The Normal School at New Britain shall be and remain a 1849. 1865. 1872. seminary for training teachers in the art of instructing and governing in Object of chool the public schools of this State; receiving for that purpose such pupils as 148 EDUCATION. [Title 11. may be selected under the provisions of the two succeeding sections; and Support of such sum as the Board of Education may, in each year, deem necessary for schoo.l. its support, not exceeding in any year twelve thousand dollars, shall be annually paid therefor, from the treasury of the State, on the order of said Board. 1849. SEC. 2. The number of pupils shall not exceed two hundred and twenty. Number of pupils. The School Visitors in each town, shall, on request of the Secretary of the Applicants to be Board of Education, forward to him, annually, the names of four persons, examined by School Visitors. two Of each sex, whom they, after examination, can recommend as suitable persons, in age, character, talents, and attainments, to be received as pupils All pupils must in said School; but no persons shall be thus examined or recommended, intend to become until they have signed and lodged with the School Visitors a written teachers in this State. declaration that their object in securing admission into said School is to become qualified to teach in public schools, and that they intend to engage in that employment in this State. 1849. 1865. SEC. 3. Said Board shall select by lot, from the whole number of appliSelection of scholars by cants from each county, the proportion of pupils to which it is entitled Board of Education. by its population, of each sex an equal number; but not more than one pupil shall be admitted from any town, until each town, from which an application is made, shall have a pupil in the School. Said Board may make regulations for the examination of candidates for admission'; and may approve or reject the persons recommended by the School Visitors. The Secretary of the Board shall forward to each pupil, appointed by it, a certificate thereof, and shall return a list of the pupils, so appointed, to the principal of the School. If there shall not be a sufficient number of applicants, from any county, to fill the number of appointments allowed to it, said Board shall fill the vacancy, by lot, from the whole number of reNo charge for maining applicants. To all pupils admitted to the School, all its privileges, tuition. including tuition, shall be gratuitous. 1849. 1865. SEC. 4. The Board of Education shall expend the funds provided for Powers of the Board of Edtl- the support of the Normal School; appoint and remove its teachers; precation. scribe its studies and exercises, and rules for its management and granting diplomas; and annually report its condition and their doings to the General Assembly. 1849. SEC. 5. The Board of Education may establish and maintain a model Model primary school. primary school, under a permanent teacher approved by such Board, in which the pupils of the Normal School shall have an opportunity to practice modes of instruction and discipline; may limit the number of scholars therein; and may discontinue it. Chap. 13.] INSTRUCTION IN COLLEGES. 149 CHAPTER XIII. Instruction in Colleges. Part I. Instruction in Agriculture and Mechanics. Part II. Instruction in MIedicine and Anatomy. PART I. Instruction in Agriculture and MHechanics. SECTION. SECTION. 1. Interest of Agricultural College bonds to 4. Annual reports. be paid to Yale College. 5. State visitors. 2. Its expenditure by the College. 6. Selection of scholars. 3. Gratuitons instruction at the Sheffield 7. Duties of Secretary of the school. Scientific School. SEC. 1. The bonds of this State, indorsed and known as Agricultural ls65. College bonds, and constituting the capital of the Agricultural College fund, Ciclege fund. shall not be transferable, except by a special Act of the General Assembly, but shall remain in the custody of the Commissioner of the School Fund; who shall semi-annually receive and pay over the interest accruing 1s8,. thereon to the President and Fellows of Yale College, for the purposes Income to be paid to Yale and on the conditions hereinafter set forth. College. SEC. 2. Said corporation shall devote said interest, wholly and exclu- Appropriation sively, to the maintenance, in that department of Yale College known as to the Shcmeri the Sheffield Scientific School, of such courses of instruction as shall carry Scihool. out the intent of the Act of Congress entitled, An Act donating public Lands to the several States and Territories, for the benefit of Agriculture and the Mechanic Arts, approved July second, 1862, in the manner specially prescribed in the fourth section of said Act. SEc. 3. Said corporation shall furnish gratuitous education, in said Gratuitous incourses of instruction, to persons who shall be annually nominated to be frnish'ldi to certain pupils at pupils of said School, in such manner as the General Assembly shall pre- said School. scribe. Their number shall be, in each year, such as would expend a sum equal to half said interest, for the same year, in paying for their instruction in said School, if they were required to pay for it at the regular rates charged to its other pupils for the same year. Said pupils, so nominated and received, shall be citizens of this State, and shall be admitted into said School upon the same terms, and subject to the same rules and discipline, which shall apply to all its other pupils, except that they shall pay nothing for their instruction. SEC. 4. Said corporation shall annually make up and distribute the Annual reports. reports, required by the fourth paragraph of the fifth section of said Act of Congress. SEC. 5. The Governor, Lieutenant Governor, the three senior senators, Board ofVisiand the Secretary of the Board of Education, shall constitute a board of torvisitors, who shall visit said School in each year, and report annually thereon to the General Assembly. SEC. 6. Said visitors, with the secretary of the Sheffield Scientific 1S64. Selection of puSchool, shall constitute an appointing board, who shall select from such can- pils for gratui - t instrucdidates as shall offer themselves, those who shall be entitled to receive tion. the gratuitous instruction in said School. 15 0 EDUCATION. [Title 11. Preferences in SEC. 7. If there are more applications for the bounty of the State than selection. there are vacancies to be filled on the part of the State, said board shall give the preference to such young men as are fitting themselves for agricultural, and mechanical or manufacturing occupations in life, and may hlave become orphans through the death of a parent in the naval or military service of the United States; and, next to them, to such as are most in need of pecuniary assistance; and shall provide that the appointments shall be distributed, as far as practicable, among the several counties of the State, in proportion to their population. Secretary of ap- SEC. 8. The secretary of said School shall also be the secretary of said pointing board. appointing board, and record their transactions; and shall, at least one month before the close of each academic year in said School, cause to be published in at least one newspaper in every county in this State, an advertisement, specifying the number of pupils entitled by law to be admitted into said School for gratuitous instruction, during the ensuing academic year, and designating the time and manner in which applications for admission may be made to said appointing board. PART II. Instruction in Medicine and Anatomy.* SECTION SECTION 1. When bodies of paupers may be used as 4. Bodies of convicts may be given to the subjects for dissection. Yale Medical School. 2. Interment of bodies after dissection; rec- 5. Inspection of medical institutions by the ord of names, &c. municipal authorities. 3. Use of such subjects regulated. 1S71. SEC. 1. The first selectman of any town having a population exceeding When bodies of paupers may be twenty thousand persons, and the mayor of any city having a like populaused as subjects for dissection. tion, may deliver any corpse to the professors and teachers in any chartered medical college or institution in this State, for the purposes of medical and surgical study, which shall not have been buried within twenty-four hours after death, nor claimed for burial by any relative or friend; but the body of no person, known to have relatives or friends. shall be so delivered without their consent; nor shall the body of any person detained on civil process, or for trial for any criminal offence, nor of any traveler or stranger, nor of any person who shall be known at any time to have expressed a desire that his body should be buried, be so delivered; and the body of any person so delivered, if subsequently claimed by any relative or friend for burial, shall be given up to him for that purpose. The instructors SEC. 2. Said professors and teachers shall decently bury, in some public to bury the blodies and keep cemetery, the remains of all bodies after the same shall have answered the record of names, &c. purposes of such study. And every medical college or institution, receiving such bodies, shall keep a record of the names, sex, and last residence of every person whose body is so received, and the place where such body is interred. HIow and where SEC. 3. Such corpses shall be used for the purposes of medical and such subjects may be used. surgical study alone, in a manner consistent with public propriety, and in this State only. * For the laws against disinterring corpses for purposes of dissection, see Title XX, Chapter VIII. Chap. 13.] INSTRUCTION IN COLLEGES. 151 SEC. 4. The bodies of convicts who die in the State prison, and have oaies1824.de no known relatives, shall, with the approbation of the directors of said ceased convicts, when given to prison, be at the disposal of the professors of anatomy and surgery in the anatomical proMedical Institution of Yale College, to be used for the purpose of advancing medical science in this State, and shall be subject to their order; and also the bodies of criminals capitally punished, at the discretion of the court before which the conviction of such persons takes place. SEC. 5. The mayor and the two senior aldermen of any city, and the Inspection of miedical institoselectmen of any town, shall have the right, at any time, to enter and tlons by the municipal inspect every part of any building therein, used as a college, academy, authorities. school, or medical institution, in which instruction is given in the science of medicine, anatomy, or surgery. 15 2 TAXATION. LTitle 12. TITLE XII. TAXATION. CHAPTER I. Assessment of Taxes. CHAPTER II. Collection of Taxes. CHAPTER III. School District Taxes. CHAPTER IV. County Taxes. CHAPTEtR V. Special Taxes on Corporations. CHAPTER I. Assessment of Taxes. SECTION SECTION 1. Assessors to require lists. 26. Estate of insolvent debtor, and deceased 2. Lists to specify property. persons, where taxed. 3. Lists to be verified. 27. Taxes on estate held by tenant for life or 4. Residents to give in lists. years. 5. Assessors may add to list after notice. 28. Taxation of materials or goods of mann6. To have control of lists and abstract of pre- facturers. vious year. 29. Interest of traders, manufacturers. and me7. Assessment of taxable property of non- chanics, where taxed; rule of valuation. residents. 30. Traders, how taxed, if not located. 8. Assessors to perfect lists and lodge ab- 31. Water power, how taxed. stract with town' clerk. 32. When located in more than one town. 9. Assessors to swear to abstract. 33. Taxation of dogs. 10. Polls, how assessed. 34. Meeting of board of relief, and duties. 11. Exemption of polls. 35. Appeals to board of relief from assessors. 12. Property exempt from taxation. 36. May reduce lists. 13. Real estate liable to taxation. 37. Indebtedness to be deducted by board of 14. Personal property liable to taxation. relief. 15. Merchandising, &c., carried on out of. the 38. To be added to the list of the creditor. State, exempt. 39. Board of relief not to reduce list not sworn to. 16. Property taxed out of this State, exempt. 40. Amount of deduction. 17. Rule of valuation. 41. Limitation of appeals. 18. Property of corporations, how assessed. 42. Abatement of polls. 19. Where taxed. 43. Town clerk to transmit abstract to Control20. Bank and other stocks, where tolbe taxed. ler. 21. Returns by cashiers to assessors. 44. Board of Equalization, how constituted, 22. Returns of property held in pledge. and their powers. 23. Penalty for evasive transfer of stock. 45. Notice to town clerks of additions or de24. Penalty if stockholder give untrue resi- ductious. dence. 46. Taxes to be laid on list of preceding or 25. Personal property in hands of trustee, succeeding year. where taxed. 47. Selectmen to make rate-bill, when tax not laid. 1iS1. SEC. 1. The assessors in each town shall, on or before the fifteenth day Assessors to re of October, annually, post on the sign-posts therein, or publish in a newspaquire lists. of October annually, post on the sign-posts therein. or publish in a newspaper published in said town, a notice requiring all persons therein, liable to pay taxes, to bring in written or printed lists of the taxable property belonging to them on the first day of October in that year. Chap. 1.] ASSESSMENT OF TAXES. 153 SEc. 2. Such lists shall specify the different kinds of property, except Lists to specify that household furniture, libraries, and tools may be set in the list in gross; plroerty. and shall also contain one general head, embracing all taxable property not specifically mentioned; and the taxable estate of married women shall be Estate of married women, set in the lists of their husbands. how assessed. SEC. 3. At or before the time any person shall deliver his list to the Lists to be veriassessor, he shall make oath before the assessor or other proper authority fled by oath. that said list, according to the best of his knowledge, remembrance, or belief, is a true statement of all his property liable to taxation, and that he has not conveyed, or temporarily disposed of any estate, for the purpose of evading the provisions of this Title.* SEC. 4. Each resident of any town, liable to give in a list and pay taxes 1s58. ls65. Residents to therein, shall, on or before the first day of November, annually, give in his give in lists. list, made and sworn to as herein before prescribed; and if he shall neglect or refuse so to do, the assessors shall fill out a list for him, putting therein all property which they have reason to believe is owned by him, liable to taxation, at the actual valuation thereof, from the best information they can obtain, and add thereto ten per cent. of such valuation.t SEC. 5. The assessors in each town shall add to the list of any resident 1ss51. 1866. 1870. in such town, and of any non-resident, who shall give in his list made and Assessors may add to list after sworn to in the manner herein before prescribed, any taxable property which notice. they have reason to believe is owned by him, and which has been omitted in said list; but such assessors shall, on or before the twentieth day of December in the year in which such addition shall be made, give him notice thereof in writing, and if he shall not be a resident of such town, such notice addressed to him at the town in which he resides, and sent by mail, postage paid, shall be a sufficient notice. SEC. 6. The assessors, while in session to perfect the lists and make the sis4. To have control abstracts thereof, may take from the town clerk's office the lists and abstract of lists and abstract of preof the town for the previous year. vioas year. SEC. 7. The taxable property of non-residents shall be arranged in sep- 1851. Assessment of arate assessment lists, from the best information to be obtained.A taxable property of non-resiSEC. 8. When the lists of any town shall have been so received or made dents. 1851. 1867. by the assessors, they shall equalize the same, if necessary; make any other Assessors to perfect lists.and assessments omitted by mistake or required by law; arrange said lists in lodge abstract alphabetical order; make an abstract thereof, including the ten per cent. clertk.t added to said lists, and lodge said lists and abstract in the town clerk's office, on or before the fifteenth day of December, annually, for public inspection.~ SEC. 9. Every assessor, before lodging such abstract with the town 1ss1. Assessors to clerk, shall take and subscribe the oath provided by law, which shall be swear to abstract. certified by the magistrate administering the same, and indorsed upon, or attached to, said abstract. * What oath sufficient. 23 Conn., 148. t List of real property against bankrupt corporation of another State, made by assessors before record of assignment in this State, good. 36 Conn., 2S83. I This section is merely directory. 30 Conn., 402. ~ To constitute a valid assessment list, the agency of a majority of the assessors is necessary. 18 Conn., 189. The requirements of the law must be strictly complied with. 7 Conn., 550. Every article on the assessment list must appear to be legally subject to taxation. 10 Conn., 127; 14 Conn., 72. Omissions and mistakes can be taken advantage of only by those in whose lists they occur. 15 Conn., 447. Assessors liable for altering an assessment list, after it has been perfected and lodged with the town clerk. 28 Conn., 201. An assessment list is not a record. 30 Conn., 294. 1541 TAXATION. [Title 12. 1869. SEC. 10. Every male person between the ages of twenty-one and seventy 1871. 1873. Polls, how as- years shall pay a poll tax of one dollar, and no more, for town and State sessed. taxes. 1851. SEC. 11. The polls of the following persons shall be exempt from taxa1852. 1856. 1865. 18s9. tion: students in colleges and incorporated academies; the active members 1871. IS73.. Exemption of of fire engine, hook and ladder, and hose companies, during their time of polls. service; engineers, or wardens, of any fire department, in any city, town, or borough, who shall have served as such for six successive years, subsequent to the seventeenth day of June, one thousand eight hundred and fiftytwo; field and staff officers, who, being duly uniformed, armed, and equipped, have legally performed military duty, during the year next preceding; any officer, musician, and private of the active militia companies, who shall on or before the twentieth day of October, annually, produce a certificate from the commanding officer of the company to which he belongs, that he has performed military duty, uniformed and equipped according to law, during the preceding year, or been prevented from doing the same by any reasonable cause; persons, who have faithfully served the full term of five years in the active militia, since the sixth day of July, one thousand eight hundred and sixty-five, or who pay a military commutation tax, or who served in the army or navy of the United States in the late rebellion, not less than one year, and were honorably discharged therefrom, or discharged on account of wounds or sickness incurred in such service and in the line of duty, or of the expiration of their term of service. 1851. 1852. SEC. 12. The following property shall be exempt from taxation: 1856. 1859. 1871. 1872. All property belonging to the United States, or this State; buildings, Property exempt from taxa- with their appurtenances, belonging to any county, town, city, or tion. Ptilpron. p borough; buildings or portions of buildings exclusively occupied as P. colleges, academies, churches, or public school-houses or infirmaries; par1871. sonages of any ecclesiastical society to the value of five thousand dollars, Land held for charitable uses. while used solely as such; buildings belonging to and used exclusively for scientific, literary, benevolent, or ecclesiastical societies, not including any real estate, conveyed by any ecclesiastical society, or public or charitable institution, without reserving an annual income or rent, or by a conveyance lSS1. intended to be a perpetual alienation; all lands used exclusively for cemeCemeteiles. tery purposes; the estate, to the amount of one thousand dollars, of pen187s. 1872. sioned soldiers and sailors, who served in the army or navy of the United Estate of pensioners. States, in the war of the rebellion, and enlisted from and were credited on the quota of this State; of the pensioned widows and mothers of such soldiers or sailors; and of the pensioned widows and mothers of soldiers' and sailors, who served in the army or navy of the United States, in previous wars, and were killed or died from wounds received, or disabilities contracted, in said service; the estate, to the amount of three thousand 18i67. dollars, of any person, who, by reason of blindness, is unable by his labor Of blind persons. to support himself and family; such exemption to be granted only in the town in which such estate is located, unless he owns property in different towns, in which case the exemptions granted in such towns shall not, in all, exceed said amount, to be apportioned between such towns according 1851. to the value of such property in each; wearing apparel of every person Clothing and farniture'. and family, not including watches and jewelry of any kind exceeding twenty-five dollars ill value; household furniture, used by and belonging to any one family, to the value of five hundred dollars; farming tools, Chap. 1.] ASSESSMENT OF TAXES. 155 actually and exclusively used in the business of farming, upon any one Farm tools and farm, not exceeding in value two hundred dollars; the produce of a farm, while owned and held by the producer, actually grown, growing, or produced during the season next preceding the time of listing; fuel Fuel. and provisions for the use of any one family; swine, to the value of fifty dollars, and poultry, to the value of twenty-five dollars; cash not exceed- Cash8.l74' ing one hundred dollars; private libraries and books, not exceeding two Libraries. hundred dollars in value, and all public libraries; all musical instruments, lusical instruused exclusively in churches, or by any organized band, and others, not exceeding in value twenty-five dollars; all fire engines, and other imple- Fire engines. ments, used for the extinguishment of fires, with the buildings used exclusively for the safe keeping thereof; the tools of a mechanic, actually Mhl.; used by himself in his trade, to the value of two hundred dollars; any tools. horse used on parade, in the performance of military service by the owner, his son, ward, or apprentice; all fishing apparatus, actually used Fishing apparaby any one person or company, to the value of two hundred dollars; the stock or property of every incorporated agricultural society; the stock or Stocl securities issued by any ecclesiastical society, to raise funds for the erection, cultural anll ecclesiastical soalterations, or repairs of any church edifice, only to the amount of the cieties, &c. actual cost of such erection, alterations, and repairs; all property of the 1873. Hospitals. General Hospital Society of Connecticut and the Hartford Hospital; bonds, in the hands of the holders thereof, issued by any town or 1869. Certain railroad city in aid of the construction of the railroads of the Connecticut bonds. Western Railroad Company, the New Haven, Middletown, and Willimantic Railroad Company, the Shepaug Valley Railroad Company, the' Connecticut Valley Railroad Company, the Connecticut Central Railroad Company, or either of them, to provide or raise money to pay for stock subscribed for by it in any of said companies; but such bonds or stock, when their avails shall have been expended in the construction of any of said railroads, shall be assessed and taxed in the manner provided in the sixth section of Chapter V of this Title.* SEc. 13. All property, not exempted, shall be liable to taxation as fol- 18sl. 15860. 1866. lows: Real estate lieble to taxation. Dwelling houses, with the buildings and lots appurtenant thereto, not exceeding two acres, and mills, stores, distilleries, buildings used for manufacturing purposes, and fisheries, and property in fish pounds, designated and set out according to law; to be set in the list at their present true and actual valuation. Lands and separate lots, except house lots; to be set in the list at their average present and actual valuation by the acre. Quarries, mines, and ore beds, whether owned in fee or leased; to be set in the list, separately, at their present true and actual valuation; and if * The statute of 1702, exempting from taxation certain lands given for the maintenance of the ministry of the gospel, or for any public or charitable use, did not constitute a contract between this State and the donors or donees that such property should forever remain so exempt; but if it is a contract, a lease for 999 years, without reserving rent, is a violation of the condition of the contract. 36 Conn., 116; and such property may be taxed at the will of the leg islature. Ibid. And no act since 1821 has repealed the exemption. 38 Conn., 274. But if the parties stipulated in the lease that the taxes shall be paid by the lessee, the lands are taxable. 14 Conn., 228. Improvements which are not permanent, but such as may be removed at the expiration of the lease, are taxable. 10 Conn., 490. Act of 1859 is not unconstitutional in its application to lands previously given to charitable uses. 31 Conn., 407. A lease for 999 years is, for all practical purposes, a conveyance in fee. Ibid. Exemption of stock or property of a corporation applies to increased capital and preferred stock. 30 Conn.. 290. 156 TAXATION. [Title 12. owned by a corporation, the whole stock, property, and franchise shall be set in the list of the town where such quarry, mine or ore bed is. P186rs0.nal prop-1865 All real estate shall be set in the list of the town where it is situated.* Personal property liable to SnC. 14. Personal property in this State or elsewhere, not exempt by this Title, shall for the purpose of taxation include all notes, bonds and stocks, (not issued by the United States,) moneys, credits, choses in action, and all vessels, goods, chattels or effects, or any interest therein; and such property, belonging to any resident in this State, shall be set in his list in the town where he resides, at its then actual valuation, except when otherwise provided; but money, secured by mortgage upon real estate in this State, shall be set in the list, and taxed only in the town where said real estate is situated.t 1860erc. iiin SE. 15. The provisions of the preceding section shall not include Merchandising, &c., carried on money or property, actually invested in merchandising or manufacturing out of State exempt. carried on out of this State. Propert1852. 182.taed SEC. 16. The list of any person need not include any property situated otte f xiempt. in another State, when it can be made satisfactorily to appear to the assessors, that the same is fully assessed and taxed in such State, to the same extent as other like property, owned by its citizens; but the provisions of this section shall not apply to moneys, loaned by residents of this State to any party out of this State, as money at interest; nor to bonds issued by, or loans made to, any railroad company, located out of this State, when such bonds are owned, and loans made, by residents of this State. Rule of valua- SEC. 17. The present true and just value of any estate shall be deemed tion. by all assessors and boards of relief to be the fair, market value thereof, and not its value at a forced or auction sale. Praoperty of cor- SEC. 18. The whole property of every corporation in this State, whose porations, how assessed. property is not by law expressly exempt from taxation, except such real estate as may be required for the transaction of its appropriate business, shall be set in its list, and liable to taxation in the same manner as the property of individuals.t W181. 1868t. SEC. 19. The real estate of any such corporation shall be set in the list Where taxed. of the town, in which it is situated, and the personal estate shall be set in the list of the town in which it has its principal place of business, or exercises its corporate powers; and when it shall have two or more establishments for transacting its business in different towns, school districts, or other municipal divisions, it shall be assessed and taxed for every such establishment, and for the personal property attached thereto, or connected therewith, in the town, school district, or other municipal division in which such establishment is; and the stockholders of any corporation, the whole property of which is assessed and taxed in its name, shall be exempt from assessment or taxation for their stock therein.~ 181. 1869. 182. SEC. 20. Shares of the capital stock of any bank, national banking Bank and other stocks, where association, trust, insurance, turnpike, bridge, or plank road company, * Machinery contained in a mill is taxable as a part of the mill. 30 Conn., 78. 1 Note for purchase of land without interest, secured by mortgage, may be added by board of relief. 39 Conn., 176. Before the statute of 1826, bank stock owned by an incorporated company could not be taxed 8 Conn., 15. Bank stock owned by savings bank, liable to taxation in town where savings bank is located. 20 Conn., 111. Deposits in savings bank are not regarded as stock. bidc. See 40 Conn., 408. ~ Principal place of business of a corporation is where its governing power is exercised. 40 Conn., 65. Chap. 1.] ASSESSMENT OF TAXES. 157 owned by any resident in this State, shall be set in his list, at its market value, in the town in which he may reside; but so much of the capital of any trust company, as may be invested in real estate, on which it is assessed and pays a tax, shall be deducted from the market value of its stock, in its returns to the assessors. SEC. 21. The cashiers or secretaries of all corporations, whose stock is 1851. Returns to asliable to taxation, shall, on or before the twelfth day of October, annually, sessors of names of stockinform the assessors of each town of the names of the stockholders resid- holders, and value of stock. ing therein, and the amount of stock owned by each, as exhibited by the books of said corporations, on the first day of said October, so far as the residence of such stockholders shall be known to such cashiers or secretaries, and its market value during the month of September next preceding; and any such cashier or secretary, who shall neglect to furnish such information to the assessors of any town where said stock is liable to be taxed, shall forfeit fifty dollars to such town; but putting a letter into the post-office containing such information, postage paid, addressed to the assessors of any town where such owner resides, shall be a compliance with the provisions of this section. SEC. 22. The cashier of each bank and national banking association, 1sss. Returns of the treasurer of each savings bank, and the secretary of each corporation property held in incorporated by the laws of this State, shall, upon the request of the assess- pledge. ors of any town, inform them of the name of any person therein, who owns stock or bonds, held by such corporation as collateral security for any indebtedness or liability, and the amount and description of such stock or bonds; and any such cashier, treasurer, or secretary, who shall neglect to furnish such information to the assessors of any town where said stock or bonds are liable to be taxed, shall forfeit one hundred dollars to said town. SEC. 23. The owner of any share of the capital stock of any corpora- 1851. Penalty for evation, who shall transfer such share to another, with the intent of evading sive transfer of stock. the provisions of this Title, shall forfeit to the town in which he resides one per cent. of the value of the stock so transferred. SEC. 24. When any owner or holder of any stock in any corporation, 1852. Penalty if liable to taxation, shall represent, or cause to be represented, to its cashier stockholder give untrue or secretary that he is a resident of any other town than that in which he residence. actually resides, and thereby cause said cashier or secretary to give information, as aforesaid, to the assessors of such other town, such assessors shall return the same to the Controller within thirty days thereafter, and shall certify in such return that no such person is known to reside in said town; and the Controller shall thereupon notify said cashier or secretary of the information given to him by said assessors; and such stockholder shall forfeit to the State one per cent. of the value of such stock; and said cashier or secretary shall thereupon pay said forfeiture to the Treasurer; and such corporation shall have a lien upon such stock for the amount so paid. SEC. 25. Personal property, in the hands of a trustee, shall be set in 1851. Personal propthe list in the town where he resides; but if he does not reside in this erty in hands of truste, where State, or if there are more trustees than one, residing in different towns, taxed. it shall be set in the list in the town where the person resides for whose use such property is held in trust. 13 158 TAXATION. [Title 12. Estate of insolv- SEC. 26. The estate of any insolvent debtor, or deceased person, not ent debtor and deceased per- distributed or finally disposed of by the Court of Probate, and which is sons, where taxed. required to be set in the list for taxation, may be set in the list in the name of such estate, or of the trustee, administrator, or executor thereof, as such, at his option; and such property, or any part thereof, when so set in the list, shall be liable for all taxes legally imposed thereon, for one year from the time when they become due.* Personal estate SEC. 27. When one is entitled to the ultimate enjoyment of money at held by tenant for life or years. interest, land, or personal estate, and another is entitled to the use of the same as an estate for life, or for a term of years by gift or devise and not by contract, such estate shall be set in the list of the party in the immediTaxation of ate possession or use thereof, except when it is specially provided otherwise. materials or goods of manu- SEC. 28. No person shall be assessed or taxed for materials procured facturers. for the purpose of manufacturing, or for manufactured goods on hand, beyond the amount of capital actually invested, and surplus earnings; nor at a less sum than the present, true, and just value of his real estate and the machinery attached or belonging thereto, unless reduced by indebtedness that may be deducted, as in other cases hereinafter specified. Interest of SEC. 29. The interest of any trading, mercantile, manufacturing or traders, manufacturers. and mechanical business shall be assessed in the company or corporate name, mechanics, where taxed., in the town, city, or borough where the business is carried on; and the list of any business shall be given in by the.person having charge thereof, residing in the town, city, or borough, when the owner or owners do not Rule of valua- reside therein. The average amount of goods kept on hand for sale during tion. the year, or any portion of it when the business has not been carried on for a year, previous to the first day of October, shall be the rule of assessment and taxation; but merchants shall also be liable to be assessed for any amount due them from responsible persons, beyond their liabilities; and any merchant may have a deduction from his list for debts owing by him, in the same manner and to the same extent as hereinafter provided. Traders, how SEC. 30. Traders of any kind, when their business is not located, shall taxed if not located. be assessed in the same manner as is provided in the preceding section, in the list of the town, city, or borough where they reside; but the goods, wares, and merchandise of any resident or corporation located in this State, in the hands of any merchant or trader, for sale on commission, need not be estimated in making up the average provided for in this and the preceding section, in the list of such merchant or trader. 1869. SEC. 31. 5vWhen water-power created or reserved in any manner, by Water power, how taxed. works, wholly located in the same town in which it is appropriated and used, is used by its owner, the whole shall be assessed and set in the list as incidental to the machinery which is operated by it, and not separately as distinct property; and when such power, or any part thereof, is leased from its owner, it shall, to the extent to which it is so leased, be assessed and set in his list at its fair valuation, based upon its net rental. When located SEC..32. WVhen such power is appropriated and used in any other town in more than one town. than that in which the dam, canal, reservoir or pond creating it is located, the * Estate of insolvent debtor should be classed with estate of residents, though trustee is a non-resident. 30 Conn., 402. Personal property of deceased, during settlement, is taxable at the place of his domicile, and when it comes to the heir or legatee, where he resides; and when it comes to the hands of a trustee, where he or the cestzi que trust resides. 38 Conn., 443. Executor or administrator, during settlement, and before final distribution, is not a trustee. Ibid. Chap. 1.] ASSESSMENT OF TAXES. 159 valuation of the land occupied by such dam, canal, reservoir or pond, and the increased flowage occasioned thereby shall be made, and set in the list in the town in which such dam, canal, reservoir or pond is located, to the owner of such power, at what would be its fair valuation for agricultural purposes, if not so occupied; and such power shall be assessed and set in the list in the town in which it is so used and appropriated; and the assessors shall, in estimating its incidental value to the machinery operated by it, or its net rental value, deduct the amount so assessed by other towns from the value of said land so occupied as aforesaid. SEC. 33. The assessors of each town shall cause all dogs therein, over 1867. 1873. Taxation of three months old, to be entered on the list of the keeper or occupant of the dogs. premises where such dogs are kept; and the same shall be added to the rate bill of the town, at one dollar for each male dog, and three dollars for each female dog, which shall be collected from such keeper or occupant with the other taxes of such town, and shall not be abated. SEC. 34. The board of relief in each town shall meet on the first Mon- 1851. Meeting of day in January, annually, having given at least ten days previous notice of board of'relief, and duties. the time and place of such meeting, by posting it on the public sign-post in said town, or publishing it in some newspaper printed therein; and may adjourn, from time to time, till they shall have completed the duties imposed upon them by this Title. SEC. 35. At such meeting, any person claiming to be aggrieved by the Appeals to doings of the assessors of such town may appeal therefrom to such board from assessors. of relief, which shall determine all such appeals, and equalize and adjust the valuations and assessment lists of said town; and in so doing may increase the items of taxable property in the list of any person or the number, quantity, or amount of any such item, or add to any such list any taxable property, or interest therein, omitted by the assessors, and which should be added thereto; and may add to the assessment list the name of any person omitted by the assessors, and owning taxable property in such town, and make a list for him, with the valuation of such property; but before proceeding to increase the list of any person, or to add to the assessment list the name of any person so omitted, they shall leave with him, or at his usual place of abode, a written notice, at least two days before making such increase or addition, to appear before said board, and show cause why the same should not be made.* - SEC. 36. The board of relief may reduce the list of any person, by 1 aty reduce reducing the valuation, number, quantity, or amount of any item of estate therein, or erasirng therefrom any item which ought not to be retained in it; but shall not reduce the list of any person, who shall not offer to be sworn before them, and answer all questions touching his taxable property. SEC. 37. If any resident in any town shall be indebted to another 1857. 1867. Indebtedness to resident in this State, in such manner that the debt is liable to be assessed, be deducted by board of relief. and set in the list of the creditor, the board of relief for such town shall, on his request, deduct the amount thereof from the list of such debtor, and add the same to the list of the creditor, if resident in the same town; and if such creditor resides in any other town, such board of relief shall deduct such indebtedness from the personal property only of such debtor, and give notice of such fact to the board of relief of the town where such * May add note witho.t interest, secured by mortgage. 39 Conn., 176. 160 TAXATION. [Title 12. creditor resides, which may add such sum to his list; but no board of relief shall add to his list, under the provisions of this section, without first giving him notice, in the manner prescribed by the provisions of the thirtyfifth section of this Chapter, to appear and show cause, why such addition should not be made. 18s2. SEC. 38. The assessors, who may omit any real estate, or any amount To be added to the list of the equivalent to its valuation from the list of any person, because of an increditor. debtedness secured by mortgage upon such real estate, or the board of relief, who may reduce such list for such cause, shall add the amount of such indebtedness to the list of the creditor, if resident in the same town; but if he does not reside in such town, shall make a list against him, embracing such indebtedness, and give him written notice thereof, within ten days thereafter, by depositing such notice in the post-office, postage paid, addressed to him at his place of residence; and he may appear before them within ten days after said notice shall have been given, and show cause why such indebtedness should not be assessed against him. Board of relief SEC. 39. The board of relief shall not reduce the list of any pernot to reduce list not sworn son, or the valuation, number, quantity, or amount, of any item of estate to. therein contained, erase any item, nor deduct any indebtedness therefrom, if he shall have refused or unnecessarily neglected to give in his sworn list to the assessors as prescribed by law; and if any board of relief shall so reduce any such list, its members shall forfeit fifty dollars to their town. 1867. SEC. 40. No greater amount of indebtedness shall be deducted from Amount of deduction. the list of any person than the assessed valuation of the property, for which such indebtedness may have been contracted. 1S81. SEC. 41. No appeal from the doings of the assessors in any town shall Limitation of appeals. be heard or entertained by the board of relief, unless preferred to it at its meeting on the first Monday of January, or at some adjourned meeting, held within twenty days thereafter. 1851. 1873. SEC. 42. The assessors and board of relief may abate the polls of indiAbatement of polls. gent, sick, or infirm persons in their respective towns, not exceeding onetenth of the taxable polls; and shall give reasonable notice of the time and place of their meeting for that purpose. 1851. 1867. SEC. 43. The town clerk of each town, after said lists shall have been Town clerk to tranismit ab- examined and corrected by the board- of relief, shall, on or before the first stract to Controller. day of March, annually, transmit to the Controller an abstract of said lists, including the ten per cent. added by the assessors, made in accordance with blank forms which shall be furnished by him, on or before the first day of January, annually, to the several town clerks; and every town clerk, who shall neglect to transmit such an abstract to the Controller, by the time aforesaid, shall forfeit fifteen dollars to the State. 1sa1. SEC. 44. The Treasurer and Controller shall constitute a Board of EqualiBoard of Equalization, how con- zation, and shall meet, annually, on the second Tuesday of March, and stituted. and their powers. equalize and adjust the assessment lists of each town, by adding to, or deducting from, its list, or any part thereof, such amount as, when compared with the valuations of other towns, will equalize the same; and said lists, after they have been so equalized and adjusted, shall constitute the general list of the State, upon which State taxes shall be imposed. SEC. 45. If the Board of Equalization shall add to, or deduct from, the list of any town, the Controller shall, on or before the tenth day of April, Chap. 2.] COLLECTION OF TAXES. 161 annually, give notice thereof to the town clerk of such town, who shall Noticeto town clerk of addithereupon add to, or deduct from, said list, Such amount as may have been lions or deducadded or deducted by said Board; and State taxes shall be levied and collected on such list, thus added to or reduced. SEC. 46. Town, society, school district, and highway taxes shall be laid Taxes to be laid on list of preeither on the assessment list of the town last before or on that next there- cedil or Cscceeding year. after completed, and be payable within one year after they are laid. SEC. 47. When any town shall neglect to lay necessary taxes, its select- Select182 to men may make a rate bill upon its list, last completed, for so much as is mke rate bill, when tax not necessary, and cause the same to be collected as other taxes.* laid. CHIAPT EIR II. Collection of Taxes. SECTION SECTION 1. State taxes how laid, and when payable. 12. Notice that taxes are due; interest on un2. Execution against inhabitants of town for paid taxes. State taxes. 13. Levy for taxes, how made. 3. Their re-imbursement'by the town. 14. Levy on estate in chattels, for life or years. 4. Collectors, rate-bills and warrants. 15. Taxes, a lien on land for one year. 5. Collectors to give bonds. 16. How, and how long tax lien may be contin6. Proceedings against negligent collectors. ued. 7. When new collector may be appointed. 17. Mode of sellin( land for taxes. 8. Negli-ent collector, how removed. 18. Relief from levy on body, by taking poor 9. Representatives of deceased collector may debtor's oath. recover uncollected taxes. 19. Preceding sections not applicable to HIart10. Abatement of taxes. ford or New Haven. 11. Collectors to have powers of sheriffs. 20. Collectors to make monthly returns. 21. Form of tax warrant. SEC. 1. When the General Assembly shall grant a tax to be laid upon t8as. axs;h. the general list of the State, last made and perfected, the selectmen of tatet, anxe, how each town shall cause the amount of tax due therefrom to be paid to the payable. State, on or before the twentieth day of March next ensuing; and if any town shall not pay such tax at such time, the Treasurer shall issue an execution, returnable in sixty days, against the estate of its selectmen for the sum due, directed to the sheriff of the county in which such town is situated. SEC. 2. If such execution shall be returned unsatisfied, the Treasurer Execution against the inshall forthwith issue an execution, returnable in sixty days, for the sum haittanlts of town for State remaining due on said tax, with the officer's fees and charges before that taxes. time accruing, against the estate of the inhabitants of such town, to be directed as aforesaid. SEC. 3. When any estate shall be taken on an execution issued for the Their re-imbursemeilt b)y collection of a State tax due from any town, any justice of the peace of an the toxwn. adjoining town, on application of the owner, shall appoint three disinterested electors of such town to appraise such estate; and its appraised value, if sold on such execution, shall be paid to such owner by the town from which such taxes were due, with such further damages as shall be just and reasonable. * Power of town to lay a tax on list last mlade, not taken away )y Act of 1850, prescribing new mode of making out list. 21 Conn., 65. t Sheriff may depute an inhabitant of town to serve execution, -wshen. Kirby, 237. 162 TAXATION. [Title 12. 1851. 1863. SEC. 4. When any community, authorized to raise money by taxation, Collectors, ratebills and war- shall lay a tax, it shall appoint a collector thereof; and the selectmen of rants. towns, and the committee of other communities, shall make out and sign rate-bills, containing the proportion which each individual is to pay, according to the assessment list; and any justice of the peace, on their application, or that of their successors in office, shall issue a warrant for the collection of any sums due on such rate-bills.* 1849. Collectorsto SEC. 5. Every collector of taxes shall, before he receives any such warCollectors to give bonds. rant, give to the community of which he is collector, a bond with surety to the acceptance of the selectmen, or committee, for the faithful discharge of his duties. 1849. SEC. 6. If any collector of taxes shall fail to collect and pay the same Proceedings against negli- within the time limited by the community imposing such tax, any justice of gent collectors. the peace, on application of its selectmen or committee, shall grant an execution against the body and estate of such collector, of the same form, and to be levied in the same manner as executions in civil actions. When new col- SEC. 7. If any collector shall refuse to receive the rate-bill, or to give lector may be appointed. the bond required by law, or to collect and pay the tax within the time limited, and shall deliver up his rate-bill, the selectmen or the committee of the community may depute some person to collect the sums due on such rate-bill, who shall give bonds as prescribed in the fifth section of this Chapter. 1860. SEC. 8. If any collector of taxes shall neglect to perform the duties of Negligent collector, how his appointment, any judge of the Superior Court, on written application removed. of the selectmen of the town, the mayor and aldermen of the city, or the committee of the community which laid the taxes, and upon due notice and hearing, may remove him from office. Representa- SEC. 9. When any such collector shall, after having settled his rate-bill tires of deceased collector with the proper officers, die before completing the collection of the tax, his may recover uncollected taxes. executor or administrator may, within six years after his decease, recover the amount uncollected from those liable to pay the same, with interest thereon. 1823. SEC. 10. The selectmen of towns, the mayor and aldermen of cities, 1848. 1874. Abatement of the warden and burgesses of boroughs, and the committees of other comtaxes. munities, may abate the taxes assessed by their respective communities upon such persons as are poor and unable to pay the same; and shall present to each annual meeting of their respective communities a list of all persons whose taxes they have abated in the preceding year. 4tos. SEC. 11. Collectors may execute their tax warrants in any town, at any Collectors to hlae powers of time, though after the expiration of the year limited for the collection of sheriffs. the tax, and shall have the same powers as sheriffs in executing their office. * If the selectmen make out a rate-bill on an illegal or void assessment, and cause a warrant to be affixed thereto, they are liable, in trespass, to those whose property is taken on such warrant. 7 Conn., 550. The rate-bills and warrants need not specify on which year's list the tax was laid, if this appears from the votes to which they refer. 15 Conn., 454. The action of indebitatus assumpsit is an appropriate remedy for the recovery of money paid under an illegal assessment. 10 Conn., 127. But where the tax has been legally laid and assessed, but has been collected by irregular and invalid proceedings, general assumpsit will not lie. 30 Conn., 394. A warrant, unaccompanied by a rate-bill, is a dead-letter. 10 Conn., 146. Warrant void unless rate-bill is signed by the selectmen. 30 Conn., 394. Chap. 2.] COLLECTION OF TAXES. 163 SEC. 12. Collectors of town taxes shall publish a notice of the time 1848. 1867. 1872. and place at which they will receive them, in a newspaper published in the Notice that taxes are due; county, and post such notice on the sign-post in their respective towns, interest onunpaid taxes. at least three successive weeks next preceding the time therein appointed; and collectors of other taxes shall appoint a time and place for receiving the same, and give reasonable notice thereof; and if any tax laid by any town or city, except the towns and cities of Hartford and New Haven, or by any borough, or school district, except the New Haven city school district, shall remain unpaid, for one month after such notice, one per cent. shall be added to the amount of. said tax for each month that it shall remain unpaid, which shall be collectible as a part of said tax; and said collectors shall keep an accurate and separate account of all such additions, and the time when the same may be received, and shall pay over the same as a part of said tax.* SEC. 13. If any person shall fail to pay any tax, the collector may levy 1848. Levy for taxes, therefor on his goods and chattels, and post and sell them in the manner how made. provided in case of executions; but if no goods or chattels are tendered, or can be found, he may levy on the real estate, or on the body of such person, and commit him to jail, there to remain until he shall pay such tax and the legal costs, or be discharged in due course of law. SEC. 14. In levying a tax warrant against a party entitled to the 1871. Levy on estate immediate possession or use, for life, or for a term of years, of any per- in chattels, for life or years. sonal estate, to the ultimate enjoyment of which some other party is entitled, the collector may advertise, post, and sell such interest, or so much thereof as shall be necessary to satisfy said warrant, in the same manner, so far as may be, as is provided in the preceding section; and in case it is unnecessary to sell the whole of such interest, if it be a life interest, an undivided portion may be sold; but if it be an interest for a term of years, the sale shall be of the whole interest for a definite portion of said term. SEC. 15. Real estate, owned by any person in fee, or for life, or for a 1848. 1851. Taxes, a lien term of years by gift or devise and not by contract, shall stand charged on land for one with his lawful taxes, in preference to any other lien, and may be sold for year. the same, and costs of collection, within one year after the taxes become due, notwithstanding any transfer thereof, or any levy of attachment or execution thereon; and shall, after the expiration of such year, and before any such transfer or levy, remain liable for the payment of such taxes and And 1874. costs until paid; but no real estate, so transferred or levied upon, shall be change of title. sold for the payment of any taxes laid upon a list made after such transfer or levy, nor shall any real estate, legally transferred, attached, or taken by execution, be sold for taxes, when other estate can be found sufficient to pay them and the legal costs.t SEC. 16. The selectmen of any town may continue any tax lien upon How, a8d how any real estate therein for not more than ten years after the tax becomes anybte cotinpayable, by recording in the land records of the town, within the first ned. year of said period, their certificate describing the real estate, the amount * A collector may collect his rate-bill after the expiration of the year for which he was appointed, although a clause is inserted in the warrant affixed thereto, requiring him to settle with the selectmen within that time, and although another collector has been appointed by the town. 10 Conn., 146. A tax illegally assessed and paid under compulsion may be recovered. 35 Coln.. 563; and this, when the illegality is only in part, if the part be not separable. 37 Conn., 274. t Taxes paid by mortgagee are a lien on the land. 14 Conn., 32. 164 TAXATION. [Title 12. of the tax, and the time when it became due; and thereupon such tax shall remain a lien upon such land, at interest, at seven per cent. a year, and said land may at any time during said period be sold for said tax, in the same manner as if sold within said first year. 1848. 1S74. SEC. 17. When a collector shall levy a tax warrant on real estate, he Mode of selling land for taes. shall advertise the time and place of sale three weeks, by posting on a sign-post in the town, and by publication, at least once a week, in a daily newspaper published in said town, if any there he, otherwise in a newspaper published in the county, at least six weeks before the time of sale, and then sell at public auction enough of said estate to pay the taxes and costs chargeable against the owner, and execute and deliver a deed thereof to the purchaser, to be lodged in the office of the town clerk of the town where the land lies, to remain unrecorded twelve months; and if the party from whom the tax was due, or any person interested in the estate, shall, within twelve months from the time of such sale, pay or tender to the purchaser the purchase money, with twelve per cent. interest, such deed shall be delivered to the person paying, or tendering the money, who, if not the owner, shall have a lien thereon for the money paid by him, and twelve per cent. interest; but if the purchase money and interest shall not be paid within such time, then the deed shall be recorded and have full effect.* Relief from levy SEC. 18. Wrhen any person, committed to jail by the collector for the on body, by taking poor non-payment of any tax, shall be poor and unable to pay it, he may apply to take the poor debtors' oath, giving the requisite notice to the mayor, warden, or one of the selectmen or committee of the community, laying such tax; and if admitted to take such oath, the community shall pay such collector the amount of the tax, and the costs occasioned by the commitment therefor, if made within eight months after the time when such tax became payable.t 1861. 1865. SEC. 19. The provisions of the preceding sections of this Chapter shall Preceding seetions not ap- not apply to the time and mode of the payment and collection of taxes, in plicable to Hartlbrd or New Ha- the town or city of New Haven, the New Haven city school district, or the town or city of Hartford, except so far as respects the mode of advertising the sale of real estate levied upon, but such taxes shall be paid and collected, except as aforesaid, in the manner provided by the laws in force on the thirty-first day of December, one thousand eight hundred and seventy-four, relating to said towns, cities, and school district, which are continued in force for that purpose. co18ect1. SEC. 20. Every collector of town taxes shall, on the first Monday of Collectors to make monthly every month, pay to the town all moneys by him collected up to that time, returns. and shall submit his tax book and list to the town treasurer, who shall examine the same and charge him with any interest found due; and if either neglects to comply with the provisions of this section, he shall forfeit one hundred dollars to the town. 1868. SEC. 21. Warrants for the collection of taxes may be in the following Form of tax warrant. form: * Personal notice to a tax debtor to pay the tax, as a pre-requisite to making distress therefor is not required; nor a personal demand for personal property to satisfy the tax before the sale of real estate, if the notices required by law have been given. 7 Conn., 505. Demand is not necessary to make the tax due, but is necessary before a levy. 30 Conn., 394. The deed of the officer should be lodged with the town clerk, Nwith all convenient dispatch after the sale. Ibid. t For the provisions of law as to poor debtor's oath see Title IX, Chapter II. Chap. 3.] SCHOOL DISTRICT TAXES. 165 To A. B. collector of taxes of the [Here insert the name of the community laying the tax,] in the county of -, Greeting: By authority of the State of Connecticut, you are hereby commanded forthwith to collect of each person named in the annexed list, his proportion of the same, as therein stated, being a tax laid by [name of community,] on the day of, A. D. 18-, for the purpose of [HIere state the purpose for which the tax was laid.] And you are to pay the sums collected to the treasurer of said [name of community,] on or before the - day of, A. D. 18-. And if any person fails to pay his proportion of said tax, you are to levy upon his goods and chattels, and dispose of the same as the law directs; and after satisfying said tax and the lawful charges, return the overplus, if any, to him; and for want of such goods and chattels you are to levy upon his real estate, and sell enough thereof to pay his tax and the costs of levy, and give to the purchaser a deed thereof, or take the body of said person and him commit unto the keeper of the jail of said county within the prison, who is hereby commanded to receive and safely keep him until he shall pay said sum, together with your fees. Dated at, this day of, A. D. 18-. A. B., Justice of the Peace. CHAPTER IlI. School District Taxes. SECTION SECTION 1. To be laid on what. 4. Assessment of real estate omitted from 2. Assessment of real estate in two districts. grand list. 3. Board of relief, how constituted. Deduc- 5. Of land sold since completion of grand list. tions for indebtedness. 6. Mode of assessment. SEC. 1. All taxes imposed by any school district shall be laid on the 1556. 1860. To be laid on real estate situated therein, and the ratable personal estate and polls of what. those persons who belonged to said district at the time of laying such tax, which polls shall be set in the list at one hundred dollars each, except when exempt, and upon any manufacturing or mechanical business, subject to taxation, which is located or carried on in said district, not including therein the value of any real estate. situated out of the district; and neither the business so taxed, nor any real estate in said district, shall be taxed in any other district.* SEC. 2. When real estate in any district is so entered in the list of the isl6. 1874. Assessment of town in common with other estate situated out of said district, that there is no real estate in distinct and separate value put by the assessors upon the part lying in two districts. said district, one or more of the assessors of the town in which said property is situated shall, on application of said district, value said part of said estate, and return a list of the same to the clerk of said district; and notice of such valuation and of the meeting of the assessors and selectmen here* Real estate in any district is taxable there, whether the owner belongs there or not. 11 Conn., 486, 487; 4 Day, 382. That votes imposing school taxes, if inartificially drawn, will be favorably construed, see 15 Conn., 332. 166 TAXATION. [Title 12. after mentioned, shall be given by the district committee, in the same way as a notice for district meetings.* Board of relief, SEC. 3. At the end of ten days, after such return of said list, said assesshow constituted. ors and selectmen shall meet in such place as said committee shall designate in such notice, and shall have the same power, in relation to such list, Deductions for that the board of relief has in relation to town lists; and no deduction indebtedness. or abatement shall be made on account of the indebtedness of the owner of any real estate so taxed, unless both the debtor and the creditor belong to said district, and the debt is secured by a mortgage of real estate situated therein; and such list, when perfected by said assessors and selectmen, shall be lodged with the town clerk; and said valuation shall be the rule of taxation for said estate, by said district, for the year ensuing; and said assessors shall be paid by said district a reasonable compensation for their services. 1859. SEC. 4. When any real estate in any district has not been put into the Assessment of real estate omit- town list, or, when any polls in any district, liable to taxation, have not ted from grand list. been entered in said list, one or more of the assessors of the town in which such omission has occurred, on application of said district, shall value such real estate, and make a list of said polls, and add such property and polls to the list of the district. 1866. SEC. 5. When a district lays a tax on the town list last completed, and Of land sold since comple- the title to any real estate has been in any way changed between the first tion of grand list. day of October next preceding, and the time of laying said tax, one or more of the assessors of the town in which such change of property has occurred, on application of such district, shall value said real estate in the name of the person owning it at the time of laying said tax, and deduct the same from the list of the person in whose name it stood on the town list. 1859. SEC. 6. The assessors, in performing the duties mentioned in the two Mode of assessment. preceding sections, shall proceed in the manner prescribed for assessing real estate in the second section of this Chapter. CHATTER IV. County Taxes. SEC. 1. How laid, assessed and collected. SEC. 2. Court houses and jails, how built and re. paired. nw1851. s SEc. 1. When the County Commissioners in any county shall deem it How laid, assessed and col- necessary to levy a tax upon its inhabitants, they shall call a meeting of the lected. representatives for the time being, chosen to the General Assembly from all the towns in the county, who may impose such tax as may be deemed necessary upon such towns; and the clerk of the Superior Court shall be clerk of said meeting, and record its proceedings in the records of said court. Said tax shall be imposed upon the towns in proportion to their respective lists last made and completed, and be payable at such time as said meeting may prescribe; and said clerk shall draw and sign an order, upon each town, for its tax so imposed, in favor of the county treasurer, of which notice shall forthwith be given by said clerk to one of its selectmen; and if * That the doings of assessors, when called out under this section will be favorably construed, see 15 Conn., 455, 456. Chap. 5.] SPECIAL TAXES ON CORPORATIONS. 167 any town shall neglect to pay its tax, by the time prescribed, said treasurer shall report such neglect to said clerk, who shall record it, and issue an execution, against the goods and estate of the inhabitants of said town, in the name of the county treasurer, returnable in sixty days, directed to the sheriff of said county or his deputy, for the amount of the tax remaining unpaid, to be proceeded with as executions in civil actions. SEC. 2. When it shall be necessary to build or repair a court-house or 1851.;1868 Court-houses jail in any county, it shall be done at the expense of the county, and the andi jails, how built and retaxes necessary for that purpose shall be levied and collected in manner paired. aforesaid; except that when a court-house or jail, or its appurtenances, shall, in the opinion of the County Commissioners, need repairs, which will not cost over six hundred dollars, and cannot be defrayed out of the moneys in the county treasury, they shall make an estimate of the expense of such repairs, which shall be recorded by the clerk of the Superior Court for said county; and shall apportion the amount of such estimate among the towns in such county, in proportion to their respective lists last completed; and the same may be collected in the manner provided in the preceding section. CHAPTER V. Special Taxes on Corporations. SECTION SECTION 1. Stock of non-residents in national banks. 12. Penalty for neglect to make returns and 2. Stock of non-residents in certain other pay taxes. corporations, how taxed. 13. Return to be made by mutual insurance 3. Lien of corporations for tax paid on stock companies. of non-residents. 14. Penalty for neglect to make such return. 4. Savings banks: returns and taxes. 15. Taxes upon mutual fire insurance com5. Returns by railroad companies. panics. 6. Amount of tax to be paid by railroad com- 16. Upon mutual life insurance companies. panies. 17. Tax, when to be paid. 7. Tax to be proportional when part of a 18. Board of Equalization may correct staterailroad lies out of the State. ments. 8. Lessee of railroad may deduct taxes from 19. Tax on insurance companies of other rent. States. 9. Tax on express companies. 20. Taxes on foreign insurance companies. 10. Tax on telegraph companies. 21. Suits for taxes and penalties not to be 11. Board of Equalization shall correct state- barred, when. ments. SEC. 1. The cashier of each national banking association shall, on the 186S. 1869. Stock of nonfirst day of October, annually, or within ten days thereafter, deliver to the residents in natio-nal banling treasurer of the town, where it is located, a sworn list of all its stock- associatioiAs, holders, residing without this State on said day, and the number of shares of its stock then belonging to each; and, on or before the twentieth day of December, annually, pay to such treasurer, one per cent. of the par value of such shares contained in said list; and any cashier, who shall not comply with the provisions of this section, shall forfeit to the town, where the association is located, one hundred dollars, in addition to said one per cent. so required to be paid. SEC. 2. The cashier or secretary'of each corporation, whose stock is liable to taxation, and not otherwise taxed by the provisions of this Title, shall, on the first day of October, annually, or within ten days thereafter, deliver 168 TAXATION. [Title 12. 866.; to the Controller a sworn list of all its stockholders, residing without this Stock of nonresidents ill cer- State on said day, and the number and market value of the shares of stock lain other cor- porations, how therein, then belonging to each; and shall, on or before the twentieth day of taxed. October, annually, pay to the State one per cent. of such value; and if any such cashier or secretary shall neglect to comply with the provisions of this section he shall forfeit to the State one hundred dollars, in addition to said one per cent. so required to be paid. 18i66. 1868. SEC. 3. The corporations, mentioned in the two preceding sections, shall Corporations to have a lien for ha1ve a lien upon the stock of each non-resident stockholder, for the reimtax paid on stock of non- bursement of the sums so required to be paid by them, to the extent of one residents. per cent. of the value of his stock as contained in said list. 1869. 1873. SEC. 4. The treasurer of every savings bank shall, on or before the Returns by savings banks. tenth day of July, annually, deliver to the Controller a sworn statement of all its deposits, severally specifying the amount loaned on real estate, on stocks, bonds, or other personal securities, and the amount invested in stocks, bonds, or other property, on the first day of said month; and every such Rate of tax. savings bank shall pay to the State one-half of one per cent. on the amount of its deposits loaned on real estate, and one per cent. on the amount of all other deposits, except on the amount invested in bonds exempt from taxation; half to be paid on or before the twentieth day of said month, and half on or before the twentieth day of January following; which sum shall be in lieu of all other taxes upon said savings bank and the deposits therein, except upon the real estate owned by it beyond what it requires and uses for the transaction of its appropriate business.* i184. SEC. 5. The secretary or treasurer of every railroad company, any 1869. 1871. Returns by rail- portion of whose road is in this State, shall, within the first ten days of road companie s. October, annually, deliver to the Controller a sworn statement of the number of shares of its stock, and the market value of each share, the amount and market value of its funded and floating debt, the amount of bonds issued by any town or city of the description mentioned in the twelfth section of Chapter I of this Title, when the avails of such bonds, or stock subscribed and paid for therewith, shall have been expended in such construction, the amount of cash on hand on the first day of said month, the whole length of its road, and the length of those portions thereof, lying without this State. 1S64. SEC. 6. Each of such railroad companies shall, on or before the twenti1867. 1868 Amount of tax eth day of October, annually, pay to the State one per cent. of the valuation to be paid by railroad compa- of said stock and bonds as contained in said statement, after deducting from fnies. such valuation the amount of cash on hand, and from said sum required to be paid, the amount paid for taxes upon the real estate owned by it and not used for railroad purposes; and the valuation so made, and corrected by the Board of Equalization, shall be the measure of value of such railroad, its rights, franchises, and property in this State for purposes of taxation; and this sum shall be in lieu of all other taxes on its franchises, funded and floating debt and railroad property in this State.t 1864. SEC. 7. When only part of a railroad lies in this State, the railroad Tax to be proportional, wlhen company shall pay only such proportion of such sum, as the length of that art of a railroad lies out of the portion of the road in this State bears.to the whole length of the road; State. * Tax is on the corporation and not on its property. 32 Conn., 173. t Assessment for benefits is not within this section, not being a tax. 36 Conn., 255. See 40 Conn., 496. Chap. 5.] SPECIAL TAXES ON CORPORATIONS. 169 and when any such sum becomes due, and such company shall not then have the management and control of its road, or the road bearing its name, the person or corporation, then owning or managing such railroad, shall pay such sum to the State within the time above prescribed. SEC. 8. The taxes paid by the lessee of any railroad, under any contract 1862s or lease, existing on the tenth day of July, 1862, may be deducted from road may deduct taxes from any payments due, or to become due to the lessor, on account of such con- rent. tract or lease. SEC. 9. The secretary, treasurer, superintendent, or manager of each 1865. Tax on express express company, doing business in this State, shall, within the first ten companies. days of October, annually, deliver to the Controller a sworn statement of the gross amount of express charges paid to said company, at each of its offices or places of doing business in this State; and each of said companies shall, within the first twenty days of October, annually, pay to the State two per. cent. of the gross amount of all express charges paid to it in this State, during the year preceding the first day of the month in which such payment is to be made, which sum shall be in lieu of all other taxes upon the estate of said company, used exclusively in its express business; but when any such company shall fail to make such returns, the Treasurer may accept from it two thousand dollars in lieu of the sum then due under this section. SEC. 10. The secretary, treasurer, superintendent, or manager of each Tax on tele-'raph cornpatelegraph company, doing business in this State, shall, within the first ten I iecs. days of October, annually, deliver to the Controller a sworn statement of the gross amount of receipts for telegraphic messages at each of its offices, or places of doing business in this State; and each of said companies shall, within the first twenty days of October, annually, pay to the State, two peas cent. of the gross amount of all receipts for telegraphic messages, paid to it in this State, during the year preceding the first day of said month of October, which sum shall be in lieu of all other taxes upon its estate, used exclusively in its telegraphic business. SEC. 11. The Board of Equalization shall examine and correct all state- Board of Equalization shall corments returned to the Controller, as required by either of the nine preceding rect statements. sections; and if any person shall not make such return as prescribed, or shall make erroneous returns, said Board shall, within ten days after the time limited for making the same, make out, upon the best information which they can obtain, the statement required to be made and returned by such person; and a true copy of each statement, as corrected or made out by said Board, shall be returned to each cashier, treasurer, secretary, superintendent or manager; and the valuation of the several items of money, estate, amount and number, contained in such statement shall be final, and the sums required shall be paid according to it. SEc. 12. Every person who shall fail to return to the Controller as pre- Penalty for neglect to make rescribed in any of the ten preceding sections of this Chapter, any statement turns anli pay required to be returned, shall forfeit five hundred dollars to the State; and taxes. every person or corporation, required by any section of this Chapter to make any payment to the State, who shall fail to make it within the time therein limited, shall forfeit to the State twice the amount required for such payment. SEC. 13. The secretary or treasurer of each insurance company, chartered by this State, which does business, in whole or part, upon the plan of 170 TAXATION. [Title 12. 1869. 1870. mutual insurance, including every company, whose policy-holders have a Returns to be right to participate in its profits, shall, on or before the twentieth day of made by mutual insurance corn- January, annually, render to the Controller a sworn statement, showing the Panies. total amount of its assets on the preceding thirty-first day of December, derived from business done upon the plan of mutual or participating insurance, and containing a detailed enumeration thereof with their market value, the amount of premium notes held by it, and its ascertained and unpaid losses on that day, with the balance remaining after deducting from said total amount of assets, derived as aforesaid, said ascertained and unpaid losses, and the amount invested in such bonds as are exempt from taxation, and the premium notes held by it. 1871. SEC. 14. Any person, whose duty it shall be to make and return the Penalty for neglect to make statement required by the preceding section, who shall fail to do so within such return. the time prescribed, shall forfeit five thousand dollars to the State. 1869. SEC. 15. Each of such mutual fire insurance companies shall annually Tax upon mutual fire insur- pay to the State three-fourths of one per cent. upon the balance remaining ance companies. as aforesaid. 1872. SEC. 16. Each of such mutual life insurance companies shall annually Upon mutual life insurance pay to the State one-half of one per cent. on the total amount of its premium companies. notes, and on the market value of all its other assets, except on bonds held by it, exempt from taxation, money held by it to pay ascertained losses, and the amount invested in real estate, liable to taxation in this State. 1869. 1871. SEC. 17. The sums specified in the two preceding sections shall be paid by Tax, when to be paid. each of said companies on or before the thirtieth day of January, annually, and shall be in lieu of all other taxes upon its assets derived from business, conducted upon the plan of mutual or participating insurance, except upon the real estate held by it, over and above what may be necessarily used by it in transacting its appropriate business. 1871. SEC. 18. The Board of Equalization shall examine and correct all stateBoard of Equalization may cor- ments and returns made to the Controller in pursuance of the thirteenth rect statements. section of this Chapter; and in case any person shall not make such return, as prescribed, said Board shall, upon the best information which it can obtain, make out, within ten days after the time limited for making such returns, the statement required to be made by such person; and such state ment or return so corrected, or made out, shall be conclusive as to the value and amount of the assets of said company. 1868. SEC. 19. Every agent of each insurance company or association, incorTax on insurance companies porated by or organized under the laws of any other State, and admitted of other States. to transact business in this State, shall return, annually, on the first day of October, under oath, to the Insurance Commissioner the gross amount of premiums collected by him for the year previous; and upon receiving a certificate of the acceptance of said return from said Commissioner, and of the amount due thereon, shall pay to the State on or before the twentieth day of October, annually, such amount of tax as may be imposed by the laws of such other State upon any similar insurance company, incorporated by or organized under the laws of this State, and transacting business in such other State, or upon the agents of any such company. Tax on foreign SEC. 20. Each agent of any insurance company or association, incorpoinsurance companies. rated by or organized under the laws of any foreign government, to transact any business of insurance, which shall have received from the Insurance Chap. 5.] SPECIAL TAXES ON CORPORATIONS. 171 Commissioner a license to transact such business in this State, shall return, annually, on the first day of October, under oath, to such Commissioner, the gross amount of premiums collected by him in this State for the year preceding; and shall annually, on or before the twentieth day of October, pay to the State two per cent. on such amount of premiums so collected. SEC. 21. No action, commenced by the State against any person or cor- 1870. Suits for taxes poration for the recovery of any sum, in the nature of a tax, which he or it and penalties not to be is required to pay by the provisions of this Chapter, or for the recovery of barred, when. the penalty for the non-payment thereof, shall be barred or defeated by reason of the omission or failure of the Board of Equalization to perform the duties required of them by this Chapter. 172 SALARIES AND FEES. [Title 13. TITLE XIII. SALARIES AND FEES. CHAPTER I. General Provisions. CHAPTER II. State Officers. CHAPTER III. The General Assembly. CIHAPTER IV. Judicial Officers. CIIAPTER V. Military Officers. CIAPTER VI. Presidential Electors. CIIAPTER VII. State Duties in Courts. CHAPTER VIII. Clerks of Courts other than Probate Courts. CIHAPTER IX. Jurors. CHAPTER X. Witnesses. CIIAPTER XI. State's Attorneys. CHrAPTER XII. Justices of the Peace. CIIAPTER XIII. Parties in Civil Actions. CIHAPTER XIV. Grand Jurors. CHAPTER XV. Phlsicians. CHAPTER XVI. County Commissioners. CHAPTER XVII. Notaries Public. CHAPTER XVIII. Town Clerks. CIIHAPTE XIX. Clerks of Common Fields. CIIHPTErR XX. Registrars of Births, Deaths, and Marriages. CHAPTER XXI. Slieriffs and other Officers. CIHAPTER XXII. Jailers. CHAPTrER XXIII. Coroners' Inquests. CIAPTER XXIV. Assessors. CHAPTER XXV. Selectmen, as Fence Viewers. CIAPTER XXVI. Oyster Commrittees. CHAPTER XXVII. Harbor Masters. CHAPTER XXVIII. Inspectors. CHAPTER XXIX. Pound Keepers. CHAPTER XXX. For signing Writs, Acknowledgment of Deeds, &c. CHAPTER XXXI. Courts of Probate. CHAPTER I. General lProvsions. SECTION SECTION: 1. Amounts, and how payable. 3.'Page" defined. 2. Salaries, when payable. Chap. 2.] STATE OFFICERS. 173 SEC. 1. The salaries of the officers, and fees for the services, herein- Amounts, and how payable. after mentioned shall be those provided in this Title; and all salaries shall be annual, unless otherwise provided. SEC. 2. The salaries of the members of the General Assembly, and of Salaries, when payable. the officers of each house thereof, shall be paid at the close of its annual session; those of the judges of the Court of Common Pleas, and of the. District Court, of the Rail Road Commissioners, and their clerk, and of the Chief and Deputy of the Bureau of Labor Statistics, shall be paid quarterly; and all other annual salaries shall be paid semi-annually, in advance, in equal instalments, on the second Mondays of May and November; and per dieim salaries, payable by the State, shall be paid quarterly, on the second Mondays of May, August, November, and February, in each year, and the Controller shall draw on the Treasurer for the same. SEC. 3. The word page, as used in these General Statutes, shall be 17r4. "Page" defined. construed to mean a page containing two hundred and eighty words. CHAPTER II. State Officers. The Governor shall receive two thousand dollars; the Lieutenant Governor Governor and Lieutenant five hundred dollars: the Treasurer fifteen hundred dollars, three hundred Governor. Treasurer. dollars of which shall be paid from the School Fund; the Secretary one thou- Secretary. sand dollars, and for recording any document required to be recorded, otherwise than for the State, and for certified copies, except resolutions relating to payments from the treasury, at the rate of twenty-five cents a page, to be paid by the party requiring the services, and for engrossing the Acts passed by the General Assembly, at the rate of seventy-five cents a page, to be charged in the contingent expenses of the House of Representatives; the Controller. Controller one thousand dollars; the Commissioner of the School Fund two of the School Fund. thousand dollars, to be paid from the School Fund; the Secretary of the Secretary of Board of EduState Board of Education three thousand dollars, and his necessary travel- cation. ing expenses incurred in the performance of his official duties, not exceeding five hundred dollars a year, and the necessary expenses arising in his office, as audited by the Board; the agent of said Board five dollars a day for Agent ofBoard. time actually employed, and his necessary expenses; the Insurance Com- Instranco Corn. missioner thirty-five hundred dollars, and his necessary expenses while attending to his duties outside the city of Hartford, and the incidental expenses of his office, as audited by the Controller; the Bank Commissioners, Bank Com-' missioners. each, twenty-five hundred dollars; the Railroad Commissioners, each, three Railroad Com — missloners. thousand dollars; the Fish Commissioners, each, three dollars a day and Fish Com1missioners. their actual expenses while officially employed; the Directors of the State State Prison: Directors. prison, each, two hundred dollars; the Trustees of the State Reform Trustees of Reform School, School, and of the Connecticut Hospital for the Insane, the members of the Insane Hospital, Board of Board of Charities, and the members of the State Board of Education, their Charities Bard Education. necessary expenses, to be paid by the State, as audited by the Controller; the State Librarian, Executive Secretary, Chief of the Bureau of Labor Statejibrarian. Statistics, the chief clerks of the Treasurer, Secretary, Controller and Com- Secretary. Chief of Labor missioner of the School Fund, and the clerk of the Railroad Commissioners, Statistics. 14 174 SALARIES AND FEES. [Title 13. Clerks in State each, eighteen hundred dollars; and to the Chief of the Bureau of Labor Statistics his expenses, not exceeding one thousand dollars, to be audited'Deputy of Labor by the Controller and paid semi-annually; the Deputy of the Chief of said Statistics. Assistant Bureau twelve hundred dollars; each assistant clerk of the Treasurer, Secclerlis and clerks. retary, and Controller fourteen hundred dollars; each other clerk of the Secretary and of the Commissioner of the School Fund, two dollars and fifty cents a day, while necessarily employed in their respective offices, all the clerks of such Commissioner to be paid from the School Fund. State State Chemists. Chemists shall receive for each analysis made and recorded ten dollars;* for copies of records the same fees as clerks of courts. WVhen any analysis shall be made by order of court, the fees therefor, and for a copy of record, shall be taxed as a part of the costs; but any analysis made for private parties shall be paid for by them, at such rate as shall be agreed upon. CHAPTER III. The General Assembly. Members. Each member of the General Assembly shall receive three hundred dollars; Clerks. the clerk of the Senate twelve hundred dollars; the clerk of the House of Representatives one thousand dollars; the assistant clerk of the House of Ml.essengers. Representatives six hundred dollars; the messengers and doorkeepers of the Senate and House of Representatives, each, three dollars a day for each day of actual session; and the compensation of such members and officers shall not be increased or diminished by the General Assembly to or by which they shall have been elected. CHAPTER IV. Judicial Officers. Supreme and Each judge of the Supreme Court of Errors and of the Superior Court shall Superior Court. Common Pleas. receive four thousand dollars; each judge of the Court of Common Pleas for Hartford, New London and Fairfield counties twenty-five hundred dollars; the judge of the Court of Common Pleas for New Haven county three thouDistrict Court. sand dollars; the judge of the District Court of Litchfield county two thousand dollars; the judge, assistant judge or recorder of any City Court ten dollars for each day, when acting in the place of the judge of the Court of Common Pleas, or District Court, to be paid to him by the sheriff of the county in which he shall act, and taxed in the bills of said court; and the expenses of the judge of the District Court, or of any judge of the Court of Common Pleas, when called in to act for any other judge of said court, or for the judge of the District Court, shall be paid to him, and taxed in the Police judge. same manner; the judge of a Police or City Court, in proceedings to commit and commitment to the Connecticut Industrial School for Girls, the Reporter. same fees as justices of the peace for like services; the Reporter of judicial Chap. 5.] MILITARY OFFICERS. 175 decisions twenty-five hundred dollars, and at the rate of twenty-five cents a.age for any copy, to be paid by the party requiring it. CHAPTER V. Military Officers. The adjutant general and quartermaster general shall receive, each, two Governor's staff and their clerks. thousand dollars; the paymaster general one thousand dollars; each chief clerk of the adjutant general and quartermaster general eighteen hundred dollars, and each assistant clerk of the adjutant general fourteen hundred dollars. CHAPTER VI. Presidential Electors. Each Elector of President and Vice President of the United States shall Presidential Electors. receive ten dollars a day when attending upon the duties of his appointment, for which the Controller, on presentation to him of the certificate of their chairman, shall draw an order on the Treasurer. CHAPTER VII. State Duties in Courts. The jury fee in the Superior Court, Court of Common Pleas or District fcort and jury Court shall be six dollars, to be paid, in civil actions, by the party bringing the cause before the court; the fee for each judgment on a trial four dollars; for each judgment on default or non-suit two dollars; for each continuance twenty-five cents; for each license one dollar. License. CHAPTER VIII. Clerks of Courts other than Probate Courts. Clerks of Courts, other than Probate Courts, shall receive for entering Clerks'fees. each cause, recording each judgment at law, arraignment of each prisoner, or drawing and signing each State prison warrant one dollar; for each jury warrant, receiving and filing an assessment of damages by appraisers of land taken for public use, the appointment of a Commissioner of the Superior Court, taking bonds for prosecution in vacation, recording the commission and oath of office of a notary public, certifying under seal to the official character of any magistrate, calling a bond in a criminal 17 6 SALARIES AND FEES. [Title 13. cause, or signing a writ of habeas corpus, fifty cents; for recording bills in Records. form, making all records, except records of judgments at law, and for copies, at the rate of twenty-five cents a page; for opening and filing each Commissions. deposition five cents; for receiving and accounting for duties on continuance of causes five per cent. thereon; for all other moneys received for duties, and on all moneys paid by them for the use of the State, except for bills of cost arising from the board of prisoners after conviction, two and one-half per cent. thereon; for drawing orders on the Treasurer for such bills of cost, and paying out the same, fifty cents in each case, at each term, in lieu of all commissions thereon; for receiving and paying out all other bills of cost five per cent. thereon. Clerks of City and Police Courts, in addition to their salary, may receive the same fees for copies upon appeals or binding over, as justices of the peace. CHAPTER IX. Jurors. Petit jury. Each juror, except on inquests and as otherwise provided in this Title, Grand jurors. shall receive two dollars and fifty cents a day; each grand juror and standing juror six cents for each mile of travel from his place of residence to the place of holding the court and back, for each week of his attendance as such juror; Highwayjurors. each juror for assessing damages or benefits on highways one dollar and Justice jurors. fifty cents a day; each juror in a civil action before a justice of the peace one dollar a day. CHAPTER X. Witnesses. Witnesses' fees. The fees of a witness for attendance before any court, or the General Assembly when summoned by the State, or before any legal authority, shall be Bystanders. fifty cents a day, and for travel to the place of trial, ten cents a mile. In criminal trials no fees shall be allowed to bystanders called as witnesses. CHAPTER XI. State's Attorneys. In Supreme State's Attorneys shall receive for conducting a cause in behalf of the Court. State before the Supreme Court of Errors, or resisting an application for the release of a person confined by reason of insanity, a reasonable sum to be taxed by the court in which the services are rendered; for In foreign conducting a cause in behalf of the State before a court of another State, courts. or of the United States, a reasonable compensation to be taxed by the Supreme Court of Errors, and paid by the Treasurer upon the certificate of a majority of its judges; for conducting a civil cause in any other court Chap. 12e] JUSTICES OF THE PEACE. 177 in behalf of the State fifteen dollars, unless judgment be rendered on In ordinarycivil actions. confession or default, in which case the fee shall be five dollars; for opposing a petition to the General Assembly for the release of a convict Before General Assembly. confined for life a reasonable compensation; for advice to the Governor Advising Goverwhen requested, as provided by law, as to executive requisitions, a reasonable compensation and necessary expenses, to be taxed by the Superior Court in the county where such services are rendered; drawing an information, or In criminal causes. indictment, not exceeding one page, one dollar, and for each succeeding page fifty cents; making out all bills of cost arising in one prosecution one dollar; examining and certifying to the correctness of the bills of cost, arising from the board of prisoners in the jails, fifty cents for each cause, at each term; each trial in a capital cause twenty-five dollars; each criminal trial, in which the punishment may be imprisonment in the State prison, fifteen dollars; each other criminal trial twelve dollars; for each confession or plea of guilty, before the Superior Court, in a criminal cause, or for-:3iture of bond, five dollars; for a nolleprosequi entered, or a return of a grand jury, " not a true bill," eight dollars; and an Assistant State's Attorney shall Assistant Attorreceive, in any trial not capital, before the Superior Court, five dollars, and in a capital cause, ten dollars. CHAPTER XII. Justices of the Peace. Justices of the peace shall receive for the entry, trial and record of any Trials. cause, hearing upon a complaint for a commitment to the Connecticut Industrial School for Girls, or each hearing and binding over or acquittal for want of probable cause, two dollars; trial of forcible entry and detainer two dollars a day; each order of notice, mittimus, taxation of costs and certificate of the same in proceedings for commitment to said School, appointing and Administering administering the oath to appraisers of land to be set off on execution, or of personal property attached and ordered to be sold, taking bond on the dissolution of an attachment, or a judgment and record on default, confession Julgment will out trial. or non-suit, fifty cents; each continuance twenty-five cents; for copies of Copies. records the same as clerks of the Superior Court. CHAPTER XIII. Parties in Civil Actions. The fees of parties in civil actions shall be for each writ and declaration, Process. or petition and citation, exclusive of signing and bond, and for each decree, one dollar and fifty cents for the first page, and for each succeeding page Tra,,el and atseventy-five cents; travel to court when the party resides in this State six tendance. cents a mile, otherwise one dollar for the whole of such travel at each term; Attorney fees. attorney fee in the Supreme Court of Errors, Superior Court, Court of Common Pleas, or District Court three dollars; attendance in court twenty-five 178 SALARIES AND FEES. [Title 13. cents a day, unless otherwise ordered by the rules of the Supreme Court of Witnesses. Errors; for each witness attending court his legal fee and mileage; each Depositions. deposition if taken out of the State five dollars, but if taken in the State three dollars; the expenses incurred on an application or the sale of property attached; for maps, when necessary, in trials involving title to, or easeCopies, &c. ment in, real estate, a reasonable sum; for copies of records used in evidence, bonds, recognizances, subpoenas, court and clerk's fees, and for the signing and service of process, the legal fees payable therefor, except that no fees will be allowed for the return of a subpcena to court.* CHAPTER XIV. Grand Jurors. Grand Jurors. Grand jurors shall receive for attending before a justice court one dollar a day, and six cents a mile travel to court. CHAPTER XV. Physicians. Physicians. Physicians shall receive a reasonable compensation for services rendered in criminal causes. CHAPTER XVI. County Commissioners. Hearing for sale County Commissioners shall receive for hearing and deciding an applicaof property. tion for the sale of personal property attached and taking bonds thereon, when required, one dollar, to be paid by the party making the application; Other services. for all other services, to each Commissioner, five dollars a day, to be paid by the county, except for trials of causes before them, when such fees are to be paid by the applicant for their services. CHAPTER XVII. Notaries Public. Protests. The fees of notaries public shall be for a marine protest two dollars; for entering a protest of a bill or note, or noting without protest, or adminisPension papers. tering an oath to a pensioner and taking the acknowledgment on his papers under the notarial seal, fifty cents; for noting a bill or note for protest, *In Qui tam suits successful party entitled to costs. 39 Conn., 484. Chap. 18.1 TOWN CLERKS. 179 recording a protest, each notice to indorsers, makers, drawers, or acceptors, affixing the notarial seal, or each certificate, twenty-five cents; for travel Trpiveland copies. ten cents a mile; for copies the same as clerks of the Superior Court. CHAPTER XVIIT. Town Clerks. Town clerks shall receive for record or copy of an ordinary deed, without Records and condition, and with but one certificate of acknowledgment, forty cents; for other records or copies at the rate of forty cents a page; for noting the discharge of a mortgage five cents; for receiving and keeping a survey or map, Filing maps. legally filed in the town clerk's office, one dollar; for making a copy of such survey or map the actual cost; for certifying such copy or issuing a marriage Licenses. license fifty cents; for services and selling animals legally seized and taken into custody, each horse one dollar, each head of neat cattle fifty cents, each sheep, goat or swine, twenty-five cents. CHAPTER XIX. Clerks of Common Fields. Clerks of common fields shall receive the same fees as town clerks for Common fields. like services. CHAPTER XX. Registrars of Births, Deaths, anda Marriages. Registrars of births, marriages and deaths shall receive for ascertaining Registrars of and recording each birth, marriage or death, ten cents; for issuing a certifi- births, &c. date of license for marriage fifty cents; for making an abstract for the State Librarian two dollars; for each name on such abstract, over two hundred, two cents. CHAPTER XXI. Sheriffs and Other Officers. Each sheriff, for distributing laws and public documents, shall receive five Distributing laws. dollars a year from the State; each sheriff, and sheriff's deputy, attending Attending the General Assembly, the Supreme Court of Errors, or the Superior court. Court, and each sheriff, or sheriff's deputy, designated by the sheriff, attending the Court of Common Pleas, or District Court, three dollars a day; each constable attending said court two dollars a day; messengers of courts not more than two dollars and fifty cents a day, to be taxed 180 SALARIES AND FEES. [Title 13. Services on by the court; each officer, who summons the jury and attends the court tenire. in a trial of forcible entry and detainer, two dollars for the first day, Travel. and one dollar for each subsequent day; for each mile of travel by the sheriff to return votes to the Secretary, or by any person to serve process or summon jurors to attend court, ten cents to be computed from his abode to the place of service, and thence, in the case of civil process, to the place of return, except that no travel shall be allowed to return a jury warrant; the moneys actually paid for toll or town clerks' fees on the service Service of pro- of process; for serving a summons or attachment by reading or copy twelve cess. cents; for taking bail and bail-bond on a writ of attachment, demanding five hundred dollars or less, fifty cents, but if demanding more, one dollar; for Returns. each indorsement of service, not exceeding half a page, twelve cents, and for each additional page, or part of a page of such indorsement, at the same rate; for copies of writs and declarations at the rate of twenty-five cents a Seizing liquors. page, exclusive of the indorsement; for service of a warrant for the seizure of intoxicating liquors, or for posting and leaving notices after such seizure, or for the destruction or delivery of any such liquors under order of court, one dollar; for the removal and custody of such liquors so seized one dollar On executions. and his reasonable expenses; levying an execution; when the money is actually collected and paid over, or the debt secured by the officer, to the acceptance of the creditor, two per cent. on the amount of the execution; and when it shall be levied on the body of the debtor, and he shall be committed to jail, one per cent.; on the levy of an execution on real estate, and on an application for the sale of personal property attached, to each appraiser, one dollar and fifty cents for each half day of actual service; to a surveyor, when necessarily employed, three dollars a day; to each chain-bearer, necessarily employed, one dollar a day; which sums with those paid to the justice and town clerk, shall be, by the officer levying such execution, indorsed thereon, together with his own fees; for causing an execution levied on On sale of real estate to be recorded fifty cents, and fees for travel; for services on property attached or fore- an application for the sale of personal property attached, or in selling mortgaged personal property foreclosed under a decree of court, the same fees as for similar services on executions; for attending the trial of any civil action, before a justice of the peace, when such attendance is necessary, one Commitments. dollar; for committing any person to jail, in civil causes, twenty cents a mile for travel, from the place of the court to the jail, in lieu of all other expenses; for summoning and attending a jury, for re-assessing damages Tax collectors. or benefits on a highway, three dollars a day; each collector of taxes, after legal notice, the same fees for collection and levying warrants as officers for collecting or levying executions; the officer serving any attachment or execution, and making claim for compensation for time and exExpenses. penses of any person, in keeping, securing, or removing property taken thereon, provided he make out his bill on the same, specifying the labor done, and by whom, the time spent, the travel, the money paid, if any, and to whom and for what, a reasonable compensation for such services and the amount of such expenses, to be taxed by the court with the costs; Arrests. for each arrest, in criminal causes, fifty cents; for any necessary assistant, or assistants, in such causes, a reasonable sum, the necessity of such assistance to be proved by the oath of the officer; for travel with a prisoner to court, or to jail, twenty-five cents a mile; for holding a prisoner in Keepers. custody, by order of court, one dollar a day; for keepers one dollar for Chap. 22.] JAILERS. 131 every twelve hours, and in that proportion, in lieu of all other expenses, except in special cases, to be approved by the court; for attending a justice court, with prisoner, when necessary, fifty cents a day; for setting a prisoner at the bar of the Superior Court, for trial on one indictment In criminal or information, or for executing a warrant of commitment to the State prison, for each prisoner, one dollar; for service of process returnable before grand jurors the same sum as for serving like process returnable before justices of the peace in civil causes, to be paid by the town wherein the meeting of the grand jurors is held, on their order; for taking samples to a State Chemist by order of court two dollars, and ten cents a mile travel in going and returning; for service of a mittimus to commit to the Connecticut Industrial School for Girls necessary expenses, and a reasonable compensation. CHAPTER XXII. Jailers. For the commitment and discharge of each prisoner, on any one process, Key fee and for fifty cents; for boarding each prisoner the sum allowed by the County Commissioners. For every bond for the liberties of the prison one dollar. Bonds. For commission on any sum collected on Commissions. execution against any imprisoned debtor, not exceeding $134.00 $1.00 For commission on any sum so collected, not exceeding 360.00 2.25 For commission on any sum not exceeding 750.00 3.75 For commission on any sum not exceeding 1,335.00 5.00 For commission on any sum not exceeding 2,400.00 7.50 For commission on any sum not exceeding 6,000.00 15.00 For commission on any sum not exceeding 13,350.00 25.00 and on any greater sum than thirteen thousand, three hundred and fifty dollars, three-sixteenths of one per cent.; but if such person shall be confined on two or more executions, the commission shall be computed on the aggregate amounts of said executions. CIItAPTER XXIII. Coroners' Inquests. Upon coroners' inquests, where the jury consists of six, there shall be Fees of justice. paid to the justice of the peace, for warrant or capiats, fifty cents; for each day's hearing before jury one dollar; to officers, for summoning jury, seven- Of officers. ty-five cents; for each day's attendance fifty cents; for service of other process the same fees as allowed for service of criminal process; to jurors one Of jurors. dollar a day; and such fees shall be taxed by said justice, who may draw on the town treasurer for the amount thereof, in the same manner as for payment of costs in criminal cases. 132 SALARIES AND FEES. [Title 13. CHAPTER XXIV. Assessors. Commissions. Assessors shall receive three cents on each thousand dollars of the amount of the assessment list of their town, and such further sum. as the selectmen may allow. CHAPTER XXV. Selectmen, as Fence Viewers. Fence viewers. Selectmen shall receive for services performed by them as fence viewers under the provisions of Chapter III of Title XVI, two dollars for each day of service. CHAPTER XXVI. Oyster Committees. Oyster commit- The fees of oyster committees shall be for each description of grounds, t ees. designated for planting and cultivating oysters, fifty cents; for each day occupied in making such designation, one dollar to each member. CHAPTER XXVII. Harbor Masters. Harbormasters. Harbor masters shall receive one dollar for services on each application to them. CHAPTER XXVIII. Inspectors. Inspectors. Inspectors shall receive for packing, heading, flagging, pickling and branding each barrel of fish, twenty cents, and for each half barrel ten cents; for inspecting a steam boiler three dollars. CHAPTER XXIX. Pound Keepers. Poundage. Pound keepers shall receive for each horse, ass, mule, swine, or head of neat cattle, taken up, damage feasant, twelve cents; for each goat so taken Chap. 30.] FOR SIGNING WRITS, ACKNOWLEDGMENT OF DEEDS, &C. 183 up three cents; for each sheep so taken up two cents; for each horse, ass, mule, swine, or head of neat cattle, taken up at large on the highway or commons, fifty cents; for each sheep so taken up ten cents; for each goose so taken up twelve cents, half of which fees shall be paid to the pound keeper, and half to the impounder; and for necessary food and water pro- Food furnished aniimals in vided by them for each horse, ass, mule, swine, sheep, goat, or head of neat pound. cattle, twenty-five cents a day, and for each goose one cent a day, when such creatures are lawfully impounded. CHAPTER XXX. For Signing Writs, Acknowledgment of Deeds, &c. There shall be paid to the person legally authorized, except when other- Fees for signing wise provided, for signing an attachment, summons, warrant or subpoena, process. taking a bond or recognizance, or an affidavit, or administering an oath For administerout of court, ten cents; for taking the acknowledgment of any instrument, For acknowlor signing and issuing a subpoena, execution, mittimus or capias, twenty-five edgements. cents; for causing notices of the seizure of intoxicating liquors to be posted, or issuing an order for their destruction, fifty cents; for drawing a com- For complaints. plaint of an informing officer, and the warrant therewith, the same as allowed to State's Attorneys for like services. CHAPTER XXXI. Courts of Probate. The fees of Courts of Probate shall be for granting administration, receiv Granting ading and probate of a will, or appointing a conservator or guardian, one dol- ministration, lar; making out a letter of administration, or taking a bond, twenty-five Taking bond. cents, except that for taking a bond on an order of sale of the real estate of a minor, the fee shall be fifty cents; receiving each inventory a commission Oninventories. at the rate of thirty cents for each thousand dollars thereof, not exceeding ten thousand dollars, at the rate of twenty cents for each thousand dollars thereof exceeding ten thousand dollars, and not exceeding twenty thousand dollars, and at the rate of fifteen cents for each thousand dollars thereof exceeding twenty thousand dollars; hearing an application for the appointment of a Proceedings in trustee of an insolvent debtor two dollars; every continuance of such hearing insolvency. twenty-five cents; hearing an application of such debtor for benefits two dollars and fifty cents; a hearing in regard to estate of such debtor in settlement in another State one dollar and fifty cents; granting him a certificate of discharge one dollar;. adjudicating upon the account of an administrator, For passing executor, conservator, guardian or trustee, one dollar and twenty-five accounts. cents; order to an executor, administrator or trustee to make a payment to creditors out of any estate, or adjusting and settling advancements to children, two dollars; a citation when legally required, allowing an appeal Citations and notices. from the doings of commissioners, or a motion to review the same, or 1S4 SALARIES AND FEES. [Title 13. notice to a corporation of a devise or bequest to it, fifty cents; hearOn certainhear- ing and judgment on return of a citation, when adverse parties appear, two dollars, and when there is no such appearance, one dollar; appointment of arbitrators, and a hearing upon and acceptance of their report, the same fees as are paid in the Superior Court; proceedings to commit, and commitment to the Connecticut Industrial School for Girls, the same fees as justices of the peace; -appointing a physician to investigate the facts in case of paupers or indigent persons, claimed to be insane, and accepting the return of such physician, each, fifty cents; hearing and judgment on an application to remove any person to the Connecticut IHospital for the Insane, or to an inebriate asylum, one dollar; hearing, accepting, and approving or rejecting any agreement for the adoption of a minor child, one dollar and fifty cents; hearing and judgment upon an application to annul such agreement one dollar; each order, appointment, decree or judgment, or approving each return or report not otherwise proFor filing vided for, seventy-five cents; each filing and endorsement of any paper or pape rs. Recordsand document twenty cents; records and copies, at the rate of forty cents a Travce. page; travel to hold court in an adjoining district ten cents a mile going and returning. Chap. 1.1 MARRIAGE. 185 TITLE XIV. DOMESTIC RELATIONS. CHAPTER I. Marriage. CHAPTER II. Property of Married Women. CHAPTER III. Divorce. CHAPTER IV. Adoption of Children. CHAPTER V. Guardian and Ward. CHAPTER VI. Master and Servant. CHAPTEIR I. Marriage. SECTION SECTION 1. What kindred cannot marry. 4. Certificates primcfacie evidence. 2. Marriage license. 5. Who may join persons in marriage. 3. Certificate of marriage. SEC. 1. No man shall marry his mother, grand-mother, daughter, grand- 1702. 1750. daughter, sister, aunt, niece, step-mother, or step-daughter; no woman shall w1.'193 kil,1d marry her father, grand-father, son, grand-son, brother, uncle, nephew, step- cannot marry. father, or step-son; and if any man or woman shall marry within the degrees aforesaid, such marriage shall be void. SEC. 2. No persons shall be married until one of them shall inform the 1854. 1868. registrar of the town in which the marriage is to be, celebrated, or in case of Marriage his inability, the town clerk, of the name, age, color, occupation, birth-place, residence, and condition (whether single, widowed, or divorced) of each. Such registrar or town clerk shall thereupon issue his certificate that the parties therein named have complied with the provisions of this section, which certificate shall be a license for any person, authorized to celebrate marriage, to join in marriage, within said town only, the parties therein named; but no such certificate shall be issued if either of the parties is a minor, under the control ol a parent or guardian, until such parent or guardian shall give to the registrar or town clerk his written consent; and any registrar or town clerk who shall knowingly issue such certificate, without such consent, shall forfeit to the State one hundred dollars; and any person who shall join any persons in marriage, without having received such certificate, shall forfeit one hundred dollars. SEC. 3. Every person, who shall join any persons in marriage, shall certify, 154. upon the license certificate, the fact, time, and place of such marriage, and Certificate of return it to the registrar of the town where it was issued, before or during the first week of the month next succeeding such marriage, and upon 186 DOMESTIC RELATIONS. [Title 14. failure thereof shall forfeit ten dollars. The penalties for joining persons in marriage in violation of this and the preceding section, shall be paid to the town where the offence is committed, and the registrar shall sue therefor. Certificates )ri- SEC. 4. The certificates, required by the preceding sections of this Chapter, madlj acie evidence. shall be prirma facie evidence of the facts therein stated. 1640. SEC. 5. All judges, justices of the peace, and ordained or licensed clergy1694. 1702. 17s3. 1820. men belonging to this State, or any other State, so long as they continue in 1847. 1855. 1865. 1874. the work of the ministry, may join persons in marriage; and all marriages Who may join persons in mar- attempted to be celebrated by any other person shall be void; but all marriagtfe. riages, which shall be solemnized according to the forms and usages of any religious denomination in this State, shall be valid.* CHAPTER II. Property of Married Women. SECTION SECTION 1. Real estate purchased by wife's services 4. Sale not valid without.consent of wife. to vest to her sole use. 5. Court of Probate may call trustee to ac2. When woman abandoned by her husband count, and remove him. may convey her real estate. 6. Husband abandoning wife, abandons her 3. Personal property vests in husband as property. trustee, &c. [. Life insurance policies for wife's benefit. 8. Payment to a married woman. 1850. SEC. 1. All real estate conveyed to a married woman, in consideration of Land purchased by wite's rerd property acquired by her personal services during coverture, shall be held by her sole use.to her to her sole and separate use, and the avails of all sales of the real estate of a married woman, if invested in her name, or in the name of a trustee for her, shall belong to her.t 1856. SEC. 2. When any man shall have abandoned his wife for a continuous abandoned by period of three years, with total neglect of duty, she may petition the Superior her husband Court, as a court of equity, in any county where she owns real estate, to may convey her real estate empower her to convey her real estate, and such court shall pass a decree empowering her to execute all conveyances necessary to dispose of such estate, as if she were a feme sole. 1849. 1854. SEC. 3. All the personal property of any woman, married since the twen1857. 18S6: ty-second day of June, 1849, and all the personal property thereafter acquired Personaltpirp by a married woman and the avails of any such property, if sold, shall vest erty vests in byamarried woman, and the avails of any such property, if sold, shall vest husband as in the husband in trust for the following uses: to receive and enjoy the intrustee, &c. come thereof during his life, subject to the duty of expending from such income so much as may be necessary for the support of his wife, during her life, and of her children during their minority; and to apply any part of the principal thereof, which may be necessary, for the; support of the wife, or * In 1640, only magistrates could join persons in marriage. In October, 1694, ordained ministers of the several plantations were authorized to perform this service. In 1702, the power to a minister was limited to the town, "where he is settled in the work of the ministry." In 1783, it was extended through the county. In 1820, the word "settled" was dropped. In 1847, authority was given to licensed clergymen having charge of a society for one year or more, to unite persons in marriage; and in 1855, ministers belonging to this or any other State, so long as they continue in the work of the ministry, were authorized to solemnize marriages. 1 Root, 381; 4 Conn., 134; 4 Conn., 209. t This Act not retrospective. 21 Conn., 351. Chap. 2.] PROPERTY OF MARRIED WOMEN. 1 7 otherwise with her written assent; and upon his decease, the remainder of such trust property shall be transferred to the wife, if living, otherwise, as the wife may by will have directed, or in default of such will to those entitled by law to succeed to her intestate estate; but if the husband shall have paid liabilities incurred by her before marriage, a proper court of equity, upon his application, may discharge said trust, and vest absolutely in him such portion of said property as may be equivalent in value to the amount of such liabilities so paid.* SEC. 4. No sale or transfer by the husband of any interest in such estate 1849. shall be valid, unless the wife, or if she be dead, those in whom her estate without thecon. shall have vested, or the guardians of such as are minors, shall join in a written conveyance thereof; and all re-investments shall be in the name of the husband as trustee.t SEC. 5. The Court of Probate of the district in which such trustee resides Court of Probate may call shall, upon the petition of the wife, or of any person interested in such estate, trustee to accall such trustee to account, and may at any time require him to give a bond to the State for the performance of his trust and the security of such estate, and may remove him when he shall become incapable. or shall neglect to perform his duties, and appoint another trustee, after notice to him; and a removal for the neglect to apply the income thereof to the support of the wife and her children shall divest him of all interest in her estate. SEC. 6. When any man shall have abandoned his wife, he shall be deemed 1853. Husband abanto have abandoned his right to the custody and control of her property, and doning his wife the rents and income thereof; and said property shall thereupon immediately property. vest in her and be her sole estate, and she may, during the continuance of such abandonment, sue and be sued, and transact business in her own name as a feme sole. SEC. 7. Any policy of life insurance, expressed to be for the benefit Ismo. 1871. Life insurance of a married woman, or assigned to her, or in trust for her, shall inure policies for benefit of a married to her separate tise, or in case of her decease before payment, to the use woman. of her children, or of her husband's children, as may be provided in such policy; provided that if the annual premium on such policy shall exceed three hundred dollars, the amount of such excess with interest shall inure to the benefit of the creditors of the person paying the premium; but if she shall die before the person insured, leaving no children of herself or husband, the policy shall become the property of the person who has paid the premiums, unless otherwise provided in such policy. SEC. 8. Payment to a married woman for money lent, or deposited by 1846. 1850. Payment to a her, or for her personal services during coverture, shall be as valid as if marriedwoman. she were a feme sole. * In a suit to recover for the personal services of the wife, the hnsband's debt cannot be set off. 31 Conn.. 596. An ante-nuptial agreement vests the equitable title in the wife, while the legal estate is in the husband. 31 Conn., 589. A suit may be brought in husband's name for an injury to the wife's personal property. ibid. When husband and wife may join. 25 Conn., 510. Husband may give personal property to his wife. 26 Conn., 234; 31 Conn., 134. Husband may be trustee of the separate property of his wife. 25 Conn., 154. Proceedings to obtain the property of the wife. 32 Conn., 1. t Personal property pledged by wife with consent of husband for his debt, not within meaning of statute. 36 Conn., 384; Id., 426. 188 DOMESTIC RELATIONS. [Title 14. CHAPTER III. Divorce. SECTION SECTION 1. For what causes granted. 5. Alimony and change of name. 2. Mode of proceeding. 6. Estate when to revert to the husband. 3. Order of notice; divorce not tobe granted 7. Order respecting custody of children. at first term without actual notice. 8. Order on subsequent application of mother. 4. Residence of petitioner. 9. Children, how supported. 1667. SEC. 1. The Superior Court shall have exclusive jurisdiction of all peti1843. 1849. Divorces, when tions for divorce, and may grant divorces to any man or woman for the following offences committed by the other party, to wit: adultery; fraudulent contract; willful desertion for three years, with total neglect of duty; seven years' absence, during all which period the absent party has not been heard from; habitual intemperance; intolerable cruelty; sentence to imprisonment for life; any infamous crime involving a violation of conjugal duty, and punishable by imprisonment in the State prison; or any such miscon duct as permanently destroys the happiness of the petitioner, and defeats the purposes of the marriage relation.* Mode of pro- SEC. 2. The party aggrieved may prefer a. petition to the Superior Court, cee~dinlg. accompanied with a summons, signed by competent authority, notifying the defendant to appear before the court, which shall be duly served on the other party; and on proof of the allegations, said court may grant a divorce, and declare the petitioner to be single and unmarried; and the parties divorced may then marry again. 1797. 1870. SEC. 3. On all such petitions, where the adverse party resides out of, ol Order of noticeis absent from, this State, any judge or clerk of the Supreme Court of Errors, or of the Superior Court,.or any County Commissioner may, in vacation, make such order of notice to the adverse party, as he shall deem reasonable; and such notice having been given, and duly proved to the court, it may proceed to the hearing of such petition at the first term, if it finds that the defendant has actually received notice that the petition is Not to be grant- pending; and if it shall not appear that the defendant has had such notice, ed at first tcml without actual the court shall order such notice to be given as it may deem reasonable, and notice, continue the petition until the order has been complied with. 1_797. 185s.. SEC. 4. If the petitioner shall not have continuously resided in this State 1868s. 18s;'. Residence of three years next before the date of the petition, it shall be dismissed, unless petitioner. the cause of divorce shall have arisen subsequently to the removal into this State, or unless the adverse party shall have continuously resided in this State three years next before the date of the petition, and actual service shall have been made upon him, or unless the alleged cause is habitual intemperance, intolerable cruelty, or such other misconduct as permanently destroys the happiness of the petitioner and defeats the purposes of the marriage relation, and the petitioner was domiciled in this State at the time of the marriage, * The term fraudulent contract includes those cases only which render the marriage unlawful from the beginning. 1 Day, 111. The facts relied upon to constitute such friaud must be alleged in the petition. 8 Conn., 166. Petitioner need not always appear, when the alleged cause is willful desertion. Kirby, 270. Various points decided in petition for alleged cause of adultery. 7 Conn., 116; 9 Conn., 233; 10 Conn., 221. Construction of " intolerable cruelty." 17 Conn., 189. When a divorce will not be granted. 4 Day, 343. The rights of husband and those who claim under him, in the land of the wife, are terminated by divorce. 8 Conn., 541; 10 Conn., 225. Chap. 4.] ADOPTION OF CHILDREN. 189 and before bringing the petition has returned to this State, with the intention of permanently remaining.* SEC. 5. The Superior Court may assign to any woman so divorced part Allmony and of the estate of her late husband, not exceeding one third, and may change change of name. her name.t SEC. 6. When any married woman shall have derived from her husband, 1866. in consideration of their marriage, or of love and affection, any estate, and revert to husband. her husband shall thereafter be divorced from her on the ground of her misconduct, the court may decree that such personal estate remaining in her possession, and such real estate standing in her name, shall thereafter belong to him. SEC. 7. On any petition by a woman for a divorce, the court may at any 1837. Order respecttime make any proper order as to custody, care, and education of the children, in! custody of and may at any time thereafter annul or vary such order. SEC. 8. In all cases in which a divorce has been or shall be granted on Order on subsethe application of a woman, without any order being made at the time of tion of mother. granting such divorce, relative to the custody of the children, and in all cases in which any husband and wife, having minor children, shall, by reason of the abandonment or cruelty of the husband, live separately, the Superior Court in the county where the parties, or one of them, reside, may, on the application of the mother, and due notice given to the husband, award the custody of the children to the mother, for such time, and under such regulations as it may deem proper. SEC. 9. Upon the dissolution of any marriage by divorce, the parents of 1854. Children, how a minor child of such marriage, in need of maintenance, shall maintain it supportect according to their respective abilities, and upon the application of either parent, then or thereafter made to the Superior Court, it shall inquire into their pecuniary ability, and may make and enforce such decree against either or both of them, for the maintenance of such child, as it shall consider just, and may direct any proper security to be given therefor.1 CHAPTER IV. Adoption of Children. SECTION SECTION 1. How parents, guardians, selectmen, &c., 2. When to become, in law, the child of per. may give children in adoption. son adopting. 3. Agreement may be annulled. SEC. 1. The guardian of any child under the age of fourteen years, with 1864. 1868. 1874. the consent of the selectmen of the town where such child resides, or the How parents, gnardians, or parents of any such child, or the selectmen of any town, having in charge any selectmen, &c., foundling child more than one year of age, or the parent or guardian of any may give chilfoundling child more than one year of age, or the parent or guardian of any dren in adopminor child more than fourteen years of age, with his written assent, or the tion. * Three years' residence, when the alleged cause is intemperance. 17 Conn., 284. t A specific sum in money, not exceeding one-third of the husband's. property, may be allowed as alimony. 5 Day, 353; 21 Conn., 185. Writ of ne exeat the remedy to enforce payment. Ibid. $ After a divorce, the parties are liable to support the children in proportion to their pecuniary ability. 22 Conn., 411. 15 190 DOMESTIC RELATIONS. [Title 14. Superintendent of the Soldiers' Orphan Home with the consent of the execu. tire committee of such Home and the written consent of the parent, if any, of any minor inmate of such Home, and of such minor, if more than fourteen years of age, may by written agreement, give in adoption such child or minor to any person; who may exhibit such agreement to the Court of Probate, iln the district where such child resides, or such Home is, for approval, and such court shall thereupon issue an order of notice to all persons interested, to appear and show cause why such agreement should not be approved, which notice shall be advertised, for two weeks successively, in some newspaper published in the county where such child resides, or such Home is, and posted on the sign post in the town nearest to the place of residence of such child, at least six days before the day assigned by such court for the hearing.* Wheh to be- SEC. 2. If, on the hearing, the court shall find that it will be for the come leLal child of person adopt- welfare of such child, and for the public interest, that said agreement, or any iug. other agreement which may be substituted therefor, be carried into effect, it shall note its approval upon such agreement, and its approval and said agreement shall be recorded in the court, and such child shall thereupon become the legal child of the person by whom it shall be so adopted, and he shall become its legal parent, with all the rights and duties, between them, of a legitimate parent and child, except as may have been otherwise stipulated in such agreement; but such child shall not, by virtue of such adoption, inherit estate, except from the adopting parent; and he shall not inherit estate from his natural parent; and in case of the death of such child, intestate, the adopting parent shall be entitled to inherit his estate, in the same manner as a natural parent. Agreement may SEC. 3. The Court of Probate may, for good cause, annul such agreement be annulled. and vacate any decree made in pursuance of the two preceding sections, in which case all parties shall be remitted to their former state; but its decision shall not affect any rights which have been acquired by any person by virtue of such adoption. CIIAPTERH V. Guardian and Ward. SECTION SECTION 1. Age for choosing guardian. 7. Guardian may be appointed over estate of 2. Appointment of guardians. non-resident minor. 3. Appointment not valid, unless parent is 8. Parent not to use money of child, until apnotified. pointed guardian. 4. Then minor has estate not derived from 9. Bonds. his father, guardian to be appointed. 10. Guardian may be removed, or resign. 5. Guardian to be appointed, when parents 11. Testamentary guardians. unfit. 12. Guardianship of real estate of married fe6. Father abandoning child loses his legal male infant. rights. 13. Guardian may be called to account. 14. Income of non-resident minor's property. 9e for choos- SEC. 1. The age for choosing guardians shall be fourteen years in males Are for choosing guardia. and twelve years in females. Courts of Probate may appoint guardians to *This statute impliedly restrains parent from giving child in adoption in any other way. 34 Conn., 263. Chap. 5.] GUARDIAN AND WARD. 191 all minors, under the age for choosing guardians, who have no father, guardian, or master, and approve of guardians chosen by those who may legally make such choice.* SEc. 2. If any minor, of age for choosing a guardian, has no father, 1i5. is870. Appointment of mother, guardian, or master, the Court of Probate, for the district where the guardians. minor resides, shall notify him to appear and choose some person to be his guardian, and if it shall approve of the person so chosen, it may allow him to be guardian, but if it disapprove of such person, the minor may choose some other person to be approved of and allowed, as aforesaid; and if such minor shall refuse or neglect to make a choice, or shall not choose a person approved of by such court, it may appoint a guardian for him.t SEC. 3. Before any Court of Probate shall appoint a guardian of a minor 1874. having a father or mother, it shall require personal notice to be given to not valid unless parent is notithe parents, in such manner as it shall deem proper; but if any parent shall lied. reside out of this State, or the place of his residence be unknown, notice may be given as the Court of Probate shall see fit to order. SEC. 4. When a minor having a father is entitled to estate, not derived 179n7 When minor from him, or when a minor who has a master is entitled to estate, the Court has estate not derived fron his: of Probate may notify the father, or master, to appear, and show cause why a fhither, guardian, guardian should not be appointed; and if sufficient cause shall not be shown, may appoint the father, or master, if a proper person; if not, then such person as the minor may choose, if of age to choose, a guardian; but if such minor shall neglect to make choice, or be not of sufficient age, the Court of Probate shall appoint some proper person to be guardian, and when any person, other than the father or master, is appointed, he shall have the charge of the estate of the minor, but shall have no control over his person. SEC. 5. When on the application of the relatives of a minor, or of the 1850. 1856. 1864. selectmen of the town in which he resides, for the appointment of a guardian, Guardian to be appointed, it shall appear that the parents of such minor are unfit persons to have the when parents charge of him, the Court of Probate shall appoint some person, other than unt. the parents, his guardian, and may direct that such guardian shall have the control of the person of such minor, and the management of his estate. SEC. 6. When the father of any minor has left the State, and has neg- 186Fa - Father abanlected to make suitable provision for his support and education for two years, doning child loses his legal the Court of Probate for the district where such minor resides, on the appli- right to suclh child. cation of any relative, may appoint the mother, or other proper person, guardian of such minor, and the legal rights of the father to the control and custody of such minor shall cease. SEC. 7. When a minor residing without this State, and having no guar- isa. 1852. Guardian mav dian within this State, shall own estate in this State, the Court of Probate for be appointedf over estate of the district in which such estate, or any part thereof may be, may appoint a non-resident guardian to such minor, who shall have the charge and management of such minor. estate. * Different kinds of guardians. 6 Conn., 494. If person chosen guardian is a proper person in the judgment of the judge, he must approve. 38 Conn., 305. Judgment of judge in disapproving choicemust be based on facts shown, or within his knowled~ge. ibid. t Appointment and liability of guardians. Kirby, 286; 5 Day, 543; 2 Conn., 3S6; 4 Conn., 196. Liability of guardian. 30 Conn., 508. Power of guardian. 4 Conn., 182. Father entitled to tile possession of child's property. 31 Conn., 548. 192 DOMESTIC RELATIONS. [Title 14. 1865. SEC. 8. No parent or master shall be entitled to receive or use any propParent not to use money of erty belonging to his child, or apprentice, without first having been appointed child, until appointed guard- his guardian. 1ia9. fi50. SEC. 9. The Court of Probate, in allowing and appointing a guardian, Bonds. shall take of him a bond to the State, and if the minor have estate, with surety, for a faithful discharge of his trust, according to law, and for accounting to the minor when he arrives at full age, or at such other time as the court shall order.* 1840.Guardian ay SEC. 1 0. Courts of Probate may remove guardians, for cause, and appoint Guardian may be elmoved, or others in their place, and guardians may resign their trusts in the same manresign. hner as administrators. 1840. SEC. 11. All persons, except married women, may, by will, appoint a Testamentary guardian. guardian to their minor children, born or unborn; and the person so appointed shall, on giving a Probate bond, have the same power over the person and estate of such children, as guardians appointed by the Court of Probate; but when the custody of any child shall have been committed to its mother by the Superior Court, or General Assembly, she alone shall have the power of appointing guardians as aforesaid, who shall receive said trust, subject to the control of the Court of Probate, as specified in this Chapter, and also subject to the same provisions and restrictions, as said trust was subject to, in the hands of said mother, at the time of her decease. 18a8s SEc. 12. When a female infant, having a guardian, and owning real esGuardianship of real estate of tate, shall marry a minor, the guardianship of such female shall continue until married female infant. the husband shall arrive at the age of twenty-one years; but the authority of such guardian shall not extend over the person, or personal estate, of the wife. 1797. 1S40. SEC. 13. Courts of Probate, in their respective districts, may order all Guardian may be called to ac- guardians to render their accounts for adjustment at any time, and when their count. bonds shall be found insufficient to procure other and additional bonds, on pain of removal.t 1854. SEC. 14. Courts of Probate may direct the guardian of any minor residIncome of nonresident imi- ing in another State, to pay over all, or a part, of the annual income of such nor's property. minor's property to be applied to his nurture or education in the State where he resides, when not otherwise provided by the person from whom such property was derived. CHAPTER VI. Mlaster and Servant. SECTION SECTION 1. Fathers and guardians of minors may in- 7. Parents, &c., of apprentices to inquire into denture them. their treatment. 2. When minors may indenture themselves. 8. Apprentices absconding, liable to pay 3. When selectmen may indenture appren- damages. tices. 9. Hours, during which a child may work in 4. When children of Indians may be inden- a factory, limited. tured. 10. Legal day's work. 5. Refractory apprentices, how punished. 11. Liability for employing a person in mann6. Runaway apprentices, how brought back. facturing paper, who has not had small pox or been vaccinated. * Judge not liable for taking insufficient bond. 1 Day, 315. t Guardian not be sued by war'd, until called to account by Court of Probate. 1 Root, 51. Chap. 6.] MASTER AND SERVANT. 193 SEC. 1. Fathers, and guardians of minors, may indenture them as ap- 1821. Fathers and prentices, to learn some trade or profession, males till twenty-one, and guardians of minors may infemales till eighteen years of age, or to the time of their marriage within that denture them. age, such minors assenting to, and subscribing the indenture. * SEC. 2. Minors of the age of fourteen years, having no father or guard- When minors may indenture ian within this State, may indenture themselves apprentices, with the appro- themselves. bation of the selectmen of the town. SEC. 3. If any person, who has had relief from any town, shall suffer his 1650. 1821. 1868. children to mis-spend their time, and shall neglect to employ them in some When selectmen may inlenhonest calling, or if any person does not provide competently for his children, ture apprentices. whereby they are exposed to want, or if any poor children, in any town, live idly, or are exposed to want, and there are none to take care of them, the selectmen of such town, with the assent of a justice of the peace, shall indenture such children, to be apprentices to some proper trade, for said term; and may indenture them, in like manner, to any society, incorporated for the purpose of relieving and educating orphans, or destitute children, whose place of business is in this State, and may contract with such society, to defray wholly or in part, the expenses of such child while in the institution, to an amount not exceeding one dollar and fifty cents a week; and such society shall have the same authority, with regard to such children, as over those surrendered to them by their parents. SEC. 4. If any member of any tribe of Indians shall suffer his children 1872. When children to live in idleness, or does not provide competently for them, whereby they of Indians may are exposed to want, or if any poor children belonging to any such tribe live be indentured. idly, or are exposed to want, the overseer of such tribe, with the assent of two justices of the peace residing in the town where such tribe live, may indenture them to some proper trade, males till the age of eighteen years, and females till the age of sixteen years, or to the time of their marriage within that age. SEC. 5. If any indentured apprentice shall neglect to serve, according to 1672. Refractory apthe terms of the indenture, or shall disobey the lawful commands of his prentices, how master, or waste his property, or be guilty of any willful neglect of duty, the punished. master may complain to any two justices of the peace in the town where he lives, who may issue a warrant, and cause such apprentice to be brought before them, and inquire into the truth of the mhtters complained of; and if they find such apprentice guilty, may commit him to the work house, or if there be none, to the common jail in the county, there to be confined at hard labor for not exceeding thirty days; but such justices may order such apprentice on reformation, to be released from prison, or may, if they judge best, cancel the indenture.t SEC. 6. When an indentured apprentice shall leave the service of his 1650. 17S4. master, any justice of the peace, on complaint of the master, may issue his Runaway ap-ha ow warrant to any proper officer to pursue such apprentice, and bring him back brought back. by force, at the expense of the master. SEC. 7. Parents, guardians, selectmen, trustees of the State Reform School, 1672. 1851. 1868. and directors of the Connecticut Industrial School for Girls, shall inquire into Parents, &c. of the treatment of apprentices indentured by them respectively; and if they find iql)ire into their treatment. * An apprenticeship cannot exist, without a deed or writing, signed by the father or guardian, with the consent of the minor expressed in the writing. 18 Conn.. 337. t Proceedings under this section criminal in character. 11 Conn., 200. 194 DOMESTIC RELATIONS. [Title 1 4. that the masters do not perform their part of the indenture, shall complain to a justice of the peace in the town, who shall cause such masters and apprentices to come before him, and reconcile them if he can, and if he cannot, may bind the master to appear at the next Superior Court, and also the apprentice, or give order for his custody in the mleantime, and for his appearance at said court, and if it finds that the master has failed to perform his part of the in denture, it may discharge the apprentice from the service of the master, and cancel the indentlure, with costs against the master, and award execution accordingly; but if the complaint shall be found untrue, and without probablecause, it shall award costs to the master against the complainant. 1isns'. SEC. 8. If any indentured apprentice shall abscond fronm the service of Apprentice abscon.l.ll liable his master, such apprentice, when of age, shall be responsible for all the damfor dama-es. ages thereby occasioned. TiI'7. 1 SEC. 9. No person, owning or having charge of any nmanufacturing or Time ofemp loymlent of chlI- mechanical establishment or business, shall employ, or suffer to be employed, torllen. U11in them, any minor under fifteen years of age, more than ten hours in any one day, nor more than fifty-eight hours in any one week; and any such person, who shall violate this section, shall forfeit fifty dollars, half to the complainant, and half to the town where the offence was committed; and any parent l'enalties. or guardian who shall allow his child or ward to be employed contrary to its provisions, shall be fined ten dollars. Isf;S. SEC. 10. Eight hours of labor, performed in any one day, by any one lemal dayvs s Work. person, shall be a lawful day's work, unless otherwise agreed. 1sG6. SEC. 11. -Whoever shall employ in the manufacture of paper any person I iability for employin, a per- who shall not have had the small pox, or been vaccinated, shall pay to any son in paper f:litor. M,:1 has town all expenses caused it by the sickness of such person with small-pox, not has contracted while so emall ptox. &c. contace while, so emprloyed. Chap. 1.] SETTLEMENT. 195 TITLE XV. PAUPERS. CHAPTER I. Settlement. CHAPTER II. Support. CHAPTER I. Settlement. SECTION SECTION 1. How gained by foreigners. 8. May be removed to town liable, if charge2. How meetings of justices of the peace and able. selectmen may be called. 9. How inhabitants of other States removed. 3. How inhabitants of other States gain settle- 10. Persons not settled inhabitants of this State ments., may be warned to depart. 4. How gained by inhabitants of other towns. 11. Forfeiture for harboring persons, iwho have 5. Married women, whose husbands have no been.warned, &c., to depart. settlement, retain their own. 12. Forfeiture for bringring paupers into the 6. Children of State paupers or born in hos- State. pitals, not to acquire settlementby birth. 13. Collectors to make lists of persons refusing 7. Inhabitants may freely remove from town to pay taxes. to town. 14. Neolect to do so to be conclusive evidence of payment, as against the town. SEC. 1. No foreigner, or person who is' not an inhabitant of this State, I4S.. 1345. IHow foreigners or of some State or Territory of the United States, who shall come may gain settleto reside in any town in this State, shall gain a settlement therein, unless melt. admitted by a vote of its inhabitants, or by consent of its justices of the peace and selectmen, a majority of whom, convened and acting as one board, shall be a quorum for that purpose.* SEC. 2. Any two of the justices of the peace and selectmen of any town: sso,. How ineetin s may call a meeting of such board, for the purpose of giving such consent, ofjustices ofthe peace and seby causing notice to be left with the other justices of the peace and select- ]ecttmen may be called. men, or at their usual places of residence, at least three days before the time named in such notice for said meeting; and when assembled they shall decide upon all applications made to them, in behalf of persons residing in said town, to be admitted to settlements therein. SEc. 3. No inhabitant of any State or Teiritory of thle United States, 102. 174. 1789. 1819. this State excepted, who may come to reside in any town in this State, Ilown inhabi- t of ther shall gain a settlement therein, unless he shall have statedly resided in States gain setsuch town one year next preceding the time he claims to be an inhabi-tlement * Citizens of other States not foreigners. 1 Root, 408. Foreigner gains no settlement in any town by commorancy. 1 Root 39S3; 37 Conn., 484. Subject of Great Britain, domiciled in Connecticut before treaty of peace, not regarded as an alien. 5 Day, 169. Acquisition of settlement by aliens under Act of 1781. 5 Conn., 367. Settlement of a female inhabitant, not affected by her marriage with a foreigner. 6 Conn., 45. 196 PAUPERS. [Title 15. tant, and shall have been admitted in the manner prescribed in the first section of this Chapter; or unless he shall have during said year both resided in said town, and been possessed in his own right in fee of unincumbered real estate, situated in this State, of the value of three hundred and thirtyfour dollars; and if the title thereto shall be by deed, such deed shall have been recorded one year.* 1789. SEc. 4. No inhabitant of any town in this State, shall gain a legal settle1795. 1810. 1819. 1830. ment in any other town, unless he shall have been admitted in the manner How eained by inhabitants of prescribed in the first section of this Chapter; or unless he shall have been possessed in his own right, in fee, of unincumbered real estate in such other town, of the value of one hundred dollars, for one year during his continuance therein; or unless he shall have supported himself for the term of six years, agreeably to the provisions of the seventh section of this Chapter, and shall not, at any time before the expiration of said term of six years, have neglected or refused to pay any legal taxes imposed on him, within the time prescribed by law for their payment, demand thereof having been made by the collector.t 1854. womn SEC. 5. When any female, having a legal settlement in any town in this Married women, whose husbands State, shall have married a man having none in this State, her settlement have no settlement, retain before her marriage shall be and remain her settlement, and that of the their own. minor children the issue of such marriage, until he shall have gained one in his own right, in this State.t 18C4. 1863. SEC. 6. No child of any State pauper born in the poor house of this Children of State paupers State, nor any child of such pauper born during the time its parent or or born in hospitals, not toac- parents shall be supported by any contractor for the support of the State quire settlemlent by birth. poor, nor any child born in the Hartford or New Haven Hospital while its parent or parents are, residing in said hospital as beneficiaries thereof, shall be deemed by reason of such birth alone, to be settled in the town where such child.is born. * Under the statutes, from 1768 to 1772, an inhabitant of another State could not gain a settlement by commorancy. 5 Conn., 5S4. Settlement lost, by gaining another in another State, and how reacquired. 5 Conn., 95. t What possession of land, necessary. 5 Conn., 285. 7 Conn., 143. An undischarged, but satisfied mortgage not an incumbrance. 38 Conn., 9. Place of birth, pnimafacie, place of settlement. 3 Conn., 600; 4 Conn., 114; 5 Conn., 584. How proved. 39 Conn., 563. Such settlement, how superseded. 3 Conn., 600; 4 Conn., 114; 23 Conn., 44. Wife takes settlement of husband. 5 Day, 169; 3 Conn., 600; 5 Conn., 584. Marriage with a man having no settlement in this State, does not change wife's settlement. 5 Day, 169; 3 Conn., 600; 6 Conn., 45. Divorce, from a marriage contract not void ab initio, does not remitwife to her former settlement. 9 Conn., 321. Settlement of free women here is prima facie, not superseded by her marriage to a slave in another State and his subsequent emancipation; and her children here take her settlement. 22 Conn., 25. Legitimate child takes settlement of father, if he has one; if not, that of mother. 5 Day, 169; 3 Conn., 600; 4 Conn., 114. Legitimate child, born after father's death, and after mother has gained new settlement by second marriage, takes settlement of its father in preference to new settlement of mother. 19 Conn., 229. Minor child not emancipated, takes settlement of mother, acquired after death of husband, in her own right. 4 Conn., 373. Same rule applies to idiots. 1 Root, 196. Agreement between mother and minor child, works no emancipation preventing child from taking mother's settlement. 21 Conn., 543. Bastard takes settlement of mother, whether acquired in her own right or by derivation. 1 Root, 155; 2 Conn., 355: 5 Conn., 584: 6 Conn., 35; 9 Conn., 321; 12 Conn., 165; 18 Conn., 350; 19 Conn., 229. If mother of bastard child has no settlement, place of birth is place of settlement of bastard. 2 Conn., 18. Bastard child, having under laws of another State settlement by birth there, while mother has settlement in this State, does not, by removing with mother to this State, take her settlement. 20 Conn., 298. Child of slave, where settled. 2 Conn., 355. Under statute of 1821, non-payment of taxes does not prevent settlement. 7 Conn., 100. The term " residence " means a fixed and permanent residence. 29 Conn., 74. Meaning of the word " family." 31 Conn., 3'26. A person non coijmpos may gain a settlement by commorancy. 31 Conn., 515. + When aid is furnished not wholly to the husband but to the entire family, the town of settlement of wife, is liable for supplies furnished wife and children. 35 Conn., 186. Chap. 1.] SETTLEMENT. 197 SEC. 7. Any inhabitant of any town in the State may remove himself 1792. 1810. 1830. and his family into any other town, and continue therein without being Inhabitants may remove liable to be warned to depart, or to be removed therefrom, (except as herein- from one town after provided,) and shall gain a settlement in such other town, if he shall reside therein six years successively after his removal into such town, and six years' residence, without shall, during the whole of said time have supported himself and his family becoming chargeaGlJe, without becoming chargeable to such town, or to the town liable for his gains a settlement. or their support, and have paid all taxes legally imposed on, and demanded of him; but if any such person at any time, before the expiration of said six years, shall become unable to support himself'and his family, and become chargeable to the town that may be liable for his or their support, he, and his family may be removed to the place of his legal settlement, in the manner prescribed in the ninth section of this Chapter; and the expense thereof shall be audited and paid as therein prescribed.* SEc. 8. When any inhabitant of any town shall remove into another 1820. May be removtown, and while there, he, or any of his family shall become chargeable, ed tothe town liable, if chargeany two justices of the peace of the town to which such pauper or pau- able. pers belong, may, on the application of its selectmen, issue a warrant to either constable of said town, ordering him to transport such pauper, or paupers, to such town; and such constable shall execute such warrant. SEC. 9. When any inhabitant of any State or Territory of the 179. 1795. How inhabiUnited States, this State excepted, shall come to reside in any town, and tants of other States are reshall not have gained a legal settlement therein, a majority of its justices moved. of the peace may, upon the application of the selectmen, issue a warrant to either constable of said town, ordering him to convey said person to the State or Territory, from whence he came; and such constable may execute the same, and the expense of the execution of any warrant issued by Expense of reauthority of this or the preceding section, being audited by the selectmen of the town to which the constable executing it belongs, shall be paid by such town. SEC. 10. The selectmen of ally town, by a warrant from a justice of Persons not settled inhabithe peace therein, directed to either constable thereof, may warn any tants of this State may be person not a settled inhabitant of this State, to depart from such town; warned to deand the person so warned, shall forfeit to such town one dollar and sixty- part. seven cents for every week that he shall continue therein, after warning given as aforesaid; but nothing contained in this, or the three preceding sections shall affect apprentices.: * A void marriage does not prevent a woman from gaining a settlement. 1 Day, 212. A settlement may he gained by a person under an overseer. 3 Conn., 588. By a manumitted slave. 13 Conn., 274. A ward gains no settlement by residence. 1 Root, 131. I`or a minor. 4 Day, 189; 4 Conn., 114. One settlement not lost, till another is gained. 1 Root, 232. Residence, to gain settlement, must be actual residence, without which, mere domicil is not sufficient. Period of imprisonment in State prison is to be excluded, in computing length of residence. 19 Conn., 561; 38 Conn., 249. Period of temporary absence, with intent to return, is not to be excluded. 21 Conn., 101. Who are inhabitants, within the statute. 4 Day, 189; 2 Conn., 18. What evidence of inhabitancy, admissible. 3 Conn., 1. Who belong to pauper's family. 5 Conn., 384. If member of pauper's family is, in fact, chargeable, during the six years, though the charges are re-imbursed to town by State, no settlement is gained. 5 Conn., 384. Incorporation of a new town affects a settlement, how. 1 Root, 179; 3 Day, 224; 3 Conn., 209; Icd., 475; 14 Conn., 192; 15 Conn., 246; Id., 550; 18 Conn., 424; Id., 480; 20 Conn., 378. What evidence is admissible to prove non-payment of tax. 7 Conn., 100. What evidence insufficient to prove non-payment. 18 Conn., 189. See 23 Conn., 401. Refusal to paytaxes, sufficient, though not abated. 31 Conn., 412. t What form of action proper when a pauper is illegally sent into a town. 1 Root, 262. 9 Conn., 275. Rule of damages in such actibn. Ibid. A pauper, before Act of 1820, could not forcibly be removed to the town of his settlement. 3 Conn., 56S. t Who are apprentices within the statute. 4 Day, 189. 198 PAUPERS. [Title 15. Forfeiture for SEC. 11. Any inhabitant of any town who shall, contrary to the two harboringc persons that preceding sections, entertain or hire any person not an inhabitant of this have been warned to de- State, who has been warned to depart from the State, or who shall have been removed therefrom, and shall come to reside in such town, or shall let any house or land to such person, shall, unless he shall have first given security, satisfactory to the selectmen of such town, to save such town from all expense that may be occasioned thereby, forfeit to such town one dollar and sixty-seven cents for every week that he shall entertain or hire such person, or let estate to him, as aforesaid. 1l'i92. SEC. 12. Every person, who shall bring into this State any indigent Forfeiture for bringing panu- person, and leave him in any town of which he is not an inhabitant, shall pers into the State. forfeit to such town seventy dollars for every such person so brought and left.* 1831. s859. SEC. 13. Every collector of town taxes shall, within eighteen months 1868. 1871. 1874. Collectors to after any tax becomes payable, make under oath, and deliver to the selectmake a list of persons refus- men of the town, a written certificate that he made legal demand for such ing to pay taxes. taxes of the persons named in such certificate, and that such persons negSelectmen may abate such lected, refused, or failed to pay the same; and said selectmen may abate the taxes. taxes of all persons named in such certificate; and shall, within twenty days thereafter, lodge with the town clerk such certificate, and a list under To be recorded their hands of persons whose taxes were so abated, which shall be recorded and copies'o be evidence. and lodged on file in his office; and a copy thereof, attested by the town clerk, shall be prirma facie evidence that such taxes have been demanded according to law, and have not been paid. s159. SEC. 14. The omission of the collector of any tax to make such certifiNeglect td do so to be conclusive cate, and of the selectmen of any town to make said list, and cause such evidence of payment of taxes, certificate and list to be recorded, shall, as against the town in which said as against town. taxes are laid, be conclusive evidence that said taxes have been paid; but, where the selectmen of any town in this State have, prior to the twentyfourth day of June, 1859, returned to the town clerk a list of the names of persons, whose taxes have been by them abated, and have neglected to subscribe their names thereto, the same may be proved by any proper evidence. CHAPTER II. Support. Part I. Support by Towns. Part II. Support by the State. Part III. Support by Relatives. * What form of declaration proper. 3 Conn., 1. Inhabitant of another State, violating statute by agent, liable here. Ibid. Chap. 2.] SUPPORT. 199 PART I. Support by Towns. SECTION I SECTION 1. Each town to support all paupers belong- 6. Selectmen to blry such paupers. inlg to it. 7. Expense recoverable froml town liable. 2. A parent not supporting a minor child to 8. When selectmen may dispose of property be treated as a pauper. of deceased paulmers. 3. Selectmen to be overseer of poor. 9. What town liable, on return of pauper to 4. Pauplers sll)ject to orders of selectmen. this State. 5. Selectmen to aid paupers not belonging to 10. Towrns may establish poor houses. theirtown, and give notice to town liable 11. Not in other towns without their consent. for their support. SEC. 1. All persons, who have not estate sufficient for their support, and 1672. have no relations of sufficient ability who are obliged by law to support Each town llto support all pauthem, shall be provided for and supported at the expense of the town where perS belonging they belong; and every town shall maintain and support all the poor inhabitants belonging to it, whether residing in it, or in any other town in the State. SEC. 2. The parent of any minor child, who shall neglect or refuse to A 186 A parent not provide for his support, and abandon him to be supported as a pauper by supportincz a -minor child to the town where such parent belongs or resides, shall thereupon be deemed be apauper. to be a pauper, and, as such, shall be subject to all the provisions and regulations of this Title.* SEC. 3. The selectmen of each town shall be overseers of the poor, and Sele19m2;tobe shall, at the expense of the tow-n, provide all articles necessary for the sub- overseer-s of sistence of all paupers belonging to it.t SEC. 4. Paupers shall be liable to be removed to such places to be sup- 1521. Paupers subject ported, as the town, or selectmen may direct, and shall be subject to the to orders of selectmen. orders of the selectmen, or of the persons contracted with to support them; and no individual shall have any claim against a town, for supplies or assistance furnished to a pauper, against the express directions'of the selectmen, nor before he has given notice of the condition of such pauper, to one of the selectmen of the town where the pauper resides.T SEC. 5. When a person, not an inhabitant of the town in which he 181S. Vs21. Selectmen to resides, shall become poor, and unable to support himself, the selectmen aid paupers not belonging to of such town shall furnish him with necessary support as soon as his their town, and give notice to condition shall come to their knowledge; and each selectman, neglecting town liable for their support. such duty, shall forfeit seven dollars to him who shall sue for the same. The selectmen of every town, in which a pauper belonging to another town is chargeable, shall give notice of his condition to such other town, when it is within twenty miles of their own town, within' five days after they shall know its name, and in all other cases, within fifteen days thereafter; and a letter deposited in the post-office, postage paid, stating the name of the pauper, and that he is chargeable, signed by a selectman of the town where he resides, directed to the selectmen of the town where he belongs, shall be sufficient evidence that notice was given at the time that such letter would, in the usual course of the mail, reach the selectmen to whom it was directed; and actual notice in writing, sent in any other mode, shall be sufficient; and when the selectmen have knowledge of the town where * This section constitutional, and parent may be taken to poor house as a pauper. 35 Conn., 538. - They can not collect and discharge debts of paupers. 38 Conn., 191. ~:Notice to selectmen of towns where he resides indispensable. 6 Conn., 72. 200 PAUPERS. [Title 15. such pauper belongs, such town shall not be liable for any expense for the time during which there was a neglect to give such notice; and such town 1S69. shall not be liable to pay at a greater rate than three dollars a week for all Amount recoverable. persons over fourteen years of age, and two dollars a week for all persons between six and fourteen years of age, and one dollar and fifty cents a week for all persons less than six years of age.* 1828. s874. SEC. 6. When a pauper dies in a town to which he does not belong, the Selectmen to bury such pau- selectmen of such town shall give him a decent burial, for the expense of pers. which, the town where he belongs shall pay not more than eight dollars. Expense recov- SEC. 7. Every town incurring any necessary expense pursuant to the erable fromn town liable. two preceding sections, for a pauper belonging to another town, may recover it from such town.t 1831. SEC. 8. WVhen any person supported at the expense of any town shalL When selectmen may dis- die, leaving personal estate not exceeding fifty dollars in value, the selectpose of property of deceased men of such town may sell it, for the use of such town, unless some perpaupers. son interested in such estate shall take out administration thereon, within ninety days after such death. 8Wht21. SEC. 9. The town in which any person is legally settled, who shall gain a What town liable, on return of legal settlement in another State, and afterwards return to this State, and a pauper to this State. become a pauper, shall be chargeable with his support.$ 1813. SEC. 10. Any town, or any two or more towns, may establish poor Towns may establish poor houses for the admission of poor persons, and adopt by-laws for their manhouses. agement, which may at any time be repealed by the Superior Court.~ 1854. SEC. 11. No town shall maintain any such poor house in any other Not in other towns without town without the consent of the latter, or of its selectmen, under a penalty their of fifteen dollars for each month during which it is so maintained, to be recovered of the offending town by the other; but the provisions of this section shall not apply to any poor house owned in part by the town in which it is situated, and in part by any other town or towns. PAR.T II. Support by thae State. SECTION SECTION 1. Who are to be deemed State paupers. 5. Controller to draw orders for such ex2. Support of foreign paupers. penses, and make returns. 3. Re-imbursing towns for support of foreign 6. Controller may contract for support of paupers. State paupers. 4. Proceedings to obtain re-imbursement. 7. Bond to be taken from contractor. 1851.ho ae to be SEC...All indigent persons discharged from the State prison, who were'Who are to be deemed State not inhabitants of any town in this State at the time of their conviction paupers. * What amounts to a waiver of notice. 3 Conn., 553; Id., 5SS. Notice, when insufficient. 15 Coln., 189; 33 Conn., 141. When sufficient. 38 Coln., 249. What evidence admissible in regard to putting letter into the post-office. 7 Conn., 100. Express request or promise need not be shown. 4 Conn., 209. Omission to aver notice, cured by verdict. 1 Day, 1S3. No recovery for supplies furnished, when. 3 Conn., 568. Who are paupers. 3 Conn., 553; 4 Conn., 553; 5 Conn.. 244; 8 Conn., 393; 14 Conn., 394; 16 Conn., 431; 21 Conn., 101. WVho are not. 34 Coln., 204. The object of statute to provide for immediate relief. 28 Conn., 253. t Selectmen have full power to settle an account presented by one town against the town they represent. 29 Conn., 113.: Such pauper's family has a legal settlement in such town. 34 Conn., 270; 37 Conn.. 484. ~ Keeper of poor house may restrain, but not barbarously treat inmates. 34 Conn., 132. Chap. 2.] SUPPORT. 201 nor had resided six years in any town without being chargeable thereto, and who have no relatives in this State, liable and able to support them, and all children born in the State prison, of any such person, shall be deemed State paupers, and provided for by the Controller. SEC. 2. Every person, who shall entertain another not an inhabitant of 17s9. 1795. Support of this State, who shall need relief, shall sustain the expense thereof until he foreign paupers shall give notice of his condition to the selectmen of the town in which he is entertained; and all expenses incurred after such notice, if the person so entertained has relations of sufficient ability, legally bound to support him, shall be paid by them, but if he has no such relations, they shall be paid by such town during his continuance therein; but, if he be a person described in the next succeeding section, all expenses incurred within three months from the time of his coming to such town, and all incurred for his support, subsequent to said term, on account of sickness or lameness, which shall have commenced within said term, and continued beyond it, so as to render it unsafe to remove him, shall, during the continuance of such sickness or lameness, be re-imbursed to such town by the State. SEC. 3. The State shall re-imburse to any town expenses incurred by it 17s9. 1795. 1s820 in relieving and supporting any indigent person, who was not born in this 1;66. 1869. Re-irmbrsing or an adjoining State, and has never been an inhabitant of this State, and towns for support of foreign does not belong to any town in this State, and is not by law the proper paupers. charge of any town or particular person, at a rate not exceeding the sum mentioned in the fifth section of Part I of Chapter II of this Title; and, in case of the death of any such indigent person, shall pay such town For expenses of eight dollars for his burial. burial. SEc. 4. The selectmen in any town shall furnish necessary support to 1sl2. s137. 1839. 1842. any State pauper therein, and to foreign paupers when required by law, Proceedings to obtain reand the town shall be re-imbursed therefor by the State, provided the imbursement. selectmen immediately notify the Controller, and forward him an affidavit made by one of them, that he verily believes such pauper to be chargeable to the State, and, after such expenses have been incurred, shall forward to the Controller an account thereof, with an affidavit annexed signed by a majority of them, stating when the person so relieved came into the State, and into such town, and where from, and whether any other town, or person, in the State, is liable for his support, that said account is just and reasonable, and that the expense was incurred within the first three months after his coming into such town, or, if afterwards, that during the whole of his continuance therein, after the expiration of said three months, until relieved, he could not, by reason of sickness commencing within said period, be safely removed therefrom. SEC. 5. The Controller, if satisfied with the truth of the affidavits, shall 1i99. 1812. 1818. draw an order on the Treasurer, for the payment of such sums as shall be controller to draw orders for found to be due; but if not satisfied, may require further evidence, and if such expenses, and make reit is not produced, may reject the claim; and he shall report to the General turns. Assembly, at each session, the names of the sick and indigent persons for whose support allowance has been made, the towns in which they resided, and the amount allowed for each person, and shall, when necessary, furnish to the selectmen proper forms in which to present such claims to him. 202 PAUPERS. [Title 15. 1820. SEC. 6. The Controller may from time to time contract with any person Controller may 1 contract flr slp- fo01 not more than five years, for the relief and support of such indig ent perport of State paupers. sons at a rate not exceeding the sums specified in the fifth section of Part I of Chapter II of this Title, and the contractor shall be entitled to receive at the end of every six months the amount then due onl such contract; and the Controller may remove any State pauper ftrom: any town, and place him with such contractor, adjust any demands arising under said contract, and draw orders on the Treasurer for the payment thereof. Bond to be SEC. 7. WVhen the Controller shall make such contract, lie shall take of taken from contractor. such contractor sufficient bond, with surety, for the faithful performance of such contract, and that such paupers shall be treated with humanity, and shall have a competent supply of food, and decent and comfortable clothing, and all necessary medical aid and attendance. PART III. Support by REelatives. SECTION SECTION 1. What relatives to furnish support, and 3. Poor widow to l>e supported by her hus. when. band's estate or heirs. 2. W'hen and how relatives may be relieved fiom such support. 1699. 1861. SEC. 1. When any person shall become poor, and unable to support What relations himself or herself and family, and shall have relations in the degree to furnish support, andwhen. of husband, father or mother, grandfather or grandmother, children or grand-children, who are able to provide such support, it shall be provided by them; and if they shall neglect to provide it, the selectmen of the town, or any of such relations may bring a petition therefor to the Superior Court of the county in which such poor person resides, against any of such relaSnperior Court tions of ability; which court may order the respondent to contribute to may order Sup- such support, from the time of serving such petition, such sum as may be port. reasonable and necessary, and may issue execution quarterly -for the same, which, when collected, shall be paid to said selectmen for that purpose; and when such petition is brought by the selectmen, the court, or any judge 1367. thereof in vacation, may require the respondent to become bound with sufWhen bond ficient surety to such town to abide such judgment as may be rendered on shall be given by respondent. such petition. IsTe3. SEc. 2. Such respondent may at any time thereafter, prefer his petition When and how to said court against such selectmen to be relieved from such contriburelatives may be b' relieved froml tion; and if said court shall find that he is required to contribute to an such support. amount beyond his ability, it may again direct how much, if anything, he shall contribute therefor, and the remainder of said support shall be furnished by said town. SEC. 3. The estate of any man dying without issue, leaving a widow, 1769. 3n Poor widow to shall be liable for the support of the widow during widowhood, if she shall be supported by her husband's become poor and there shall be no person of sufficient ability liable to estate or heirs. * Relatives by affinity, not liable. Kirby, 155: 1 Root, 250; 3 Conn., 553. Relatives not liable for past expenses. Ibid. 7 Conn., 51; 32 Conn., 142. Not responsible to a to-nt in which the pauper has no settlement. 3 Conn., 553. Action at common law does not lie against relatives. 1 Root, 60; 3 Conn., 507. If supplies are furnished parent at request of children, they are liable in assumpsit. 32 Conn., 142. Chap. 2.] SUPPORT. 20o support her; and every person to whom any of such estate shall be given, or descend, shall, so far as the estate extends, be liable to contribute to support her during her widowhood, in proportion to the value of such estate, to be recovered of such person in the manner prescribed in the first section of this Part. 204 INTERNAL POLICE OF THE STATE. [Title 16. TITLE XVI. INTERNAL POLICE OF THE STATE. CHAPTER I. Coast Survey. CHAPTER II. Coroner's Inquests, and Incendiary Fires. CHAPTER III. Fences. CHAPTER IV. Fisheries. CHAPTER V. Gaming and Wagers. CHAPTER VI. Preservation of Game. CHAPTER VII. Highways, Turnpikes, Bridges, and Ferries. CHAPTER VIII. Navigation. CHAPTER IX. Nuisances. CHAPTER X. Pounds. CHAPTER XI. Public Health and Safety. CHAPTER XII. Sewers and Drains. CHAPTER XIII. Sheep and Dogs. CHAPTER XIV. Intoxicating Liquors. CHAPTER XV. Weights, Measures, and Inspection Laws. CHAPTER I. Coast Survey. SECTION SECTION 1. Entry of surveyors on private lands. 4. Tender of damages. 2. Damages, how assessed. 5. Costs. 3. Assessment to be filed with clerk of the 6. Penalty for injury to signals, monuments, Superior Court: re-assessment. or buildings. 1861. SEC. 1. Persons employed under an Act of the Congress of the United ployed on u. s. States, passed the tenth day of February, in the year eighteen hundred and ay enter oven seven, and the supplements thereto, may enter upon any lands within this lands and erect works. State, for any purpose which may be necessary to effect the objects of said Act, and erect thereon works, stations, buildings or appendages for that purpose, doing no unnecessary injury. County Com- SEC. 2. If the parties interested cannot agree upon the amount to be assess damages. paid for damages caused thereby, either of them may petition the County Commissioners of the county in which the land lies, who shall appoint a time for a hearing, as soon as may be, and order at least fourteen days' notice to be given to all persons interested, and shall hear the parties and their witnesses and assess the damages. Chap. 2.] CORONER S INQUESTS, AND INCENDIARY FIRES. 205 SEC. 3. The County Commissioners shall file, in the office of the clerk of Assessment to be filed with the Superior Court of the county in which the land is situated, a report of clerk of Supetheir doings, which shall be conclusive unless one of the. parties shall, within ror Court. thirty days after the filing of such report, file a petition to said court for a new hearing; in which case, after such notice of such petition to the opposite party as the said Superior Court, if in session, or, if in vacation as any Re-assessment judge thereof, or any County Commissioner of the county in which such by the court. petition is pending shall direct, a trial shall be had in said court, in the same manner as other civil actions are tried, and such hearing shall take precedence of all other causes. SEC. 4. The person so entering upon land may tender to the party Effect. of ateninjured amends therefor; and if the damages finally assessed do not exceed derof damages.'the amount tendered, the person entering shall recover costs; otherwise, the prevailing party shall recover costs. SEC. 5. The costs to be taxed and allowed in all such cases, shall be the Costs. same ordinarily taxed in civil actions in said court. SEC. 6. Whoever wilfully injures or removes any signal, monument, Penalty for injury to signals, building or appendage thereto, erected, used or constructed under said Acts hmonuments, of Congress. shall forfeit fifty dollars; and shall be liable for all damages c. sustained by the United States. CHAPTER II. Coroner's inquests, and Incendiary Fires. Part 1. Coroner's Inquests. PartII. Incendiary Fires. PART I. Coroner9s Inquests. SECTION SECTION 1. Summoning jury and their proceedings. 3. Witnesses' attendance, now enforced. 2. Neglect to execute or obey warrant. 4. Jury, wvlen to consist of six. SEC. 1. When any person shall come to a sudden or unnatural death, 1650. 1874. or be found dead, the mlanner of whose death is not known, any justice of,.y of inqsuestthe peace, shall, by warrant, forthwith cause a jury of twelve judicious men e',oedis ae'd proto be summoned, who shall be sworn by such officer to inquire of the cause them. and manner of such death, and shall present on oath a true verdict thereof, under -their hands, to some justice of the peace, who shall return it to the next Superior Court in the county; and no fees shall be allowed for any of said services. SEC. 2. Any officer who shall un-snecessarily neglect or fail to execute 1702. 18s(. such warrant, and any person summoned as a juror who shall fail to appear lPenlty fof nee,' and serve without reasonable excuse therefor, shall forfeit five dollars to nce'of juror.J the town; and the officer serving said warrant shall remain in atteildance upon said justice and jury, so long: as he shall be required so to do. SEC. 3. The attendance of witnesses may be enforced by suctbplbnct and vitnesses, atcapias issued by the justice of the peace holding any such irquest, and their tenldatneof, 16 206 INTERNAL POLICE OF THE STATE. [Title 16. testimony taken in the same manner as on the trial of a criminal prosecution before a justice of the peace. 186i. SEC. 4. In New Haven, and any other town which shall vote so to reguJury to be of six only, in cer- late inquests therein, a jury of six men only shall be summoned, and the tain towns. proceedings shall otherwise be as provided in the preceding sections, except that fees shall be paid as provided in Chapter XXIII of Title XIII. PART II. Incendiary Fires. SECTION SECTION. 1. City and bbrough fire marshals. 3. Testimony to be written and signed. 2. Investigation by justice of the peace. 4. Fees. 1857. SEC. 1. The mayor, aldermen and common. council of each city, and City and borough fire mar- the wardens and burgesses of each borough, may appoint a fire marshal, shals. who shall hold his office for one year, and may inquire into the cause of any fire which may happen in the limits of the corporation for which he is appointed, on request of a proper officer of said corporation, or of any one interested in the property burned, at the expense of the applicant; and he may summon witnesses to appear before him at such times and places as he may designate, and examine said witnesses on oath touching said fire, and shall report the facts to the clerk of said city or borough. Investigation SEC. 2. When a fire shall happen without the precincts of any fire by jcStitice Of the marshal, any person interested in the property burned, may apply to any justice of the peace in the town where said fire has taken place, and said justice shall proceed in like manner as fire marshals, and file his report in the town clerk's office. Testimony to SEC. 3. The testimony of, all witnesses examined before any inquest, be put in.writing. shall be reduced to writing, and subscribed by the witnesses. Fees. SEC. 4. The fees of such fire marshal or justice of the peace, while engaged in investigating the cause of any fire, as aforesaid, shall be two dol. lars and fifty cents a day; and the fees for witnesses, subpoenas, and the service of subpcenas, shall be the same as are allowed in civil actions. Chap. 3.] PARTICULAR ENCLOSURES. 207 CHAPTER III. Fences. Part I. Particular Enclosures. PartII. Common Fields. PART I. Particular Enclosures. SECTION SECTION 1. Proprietors of lands to fence them, and 7. Proceedings when a new division is neceshow. sary. 2. First owner may compel the other to pur- 8. Enclosures, how thrown open. chase half divisional fence. 9. Damages done in enclosures when fence is 3. How division of fence may be compelled. sufficient, how recovered. 4. How repair of divisional fence may -be 10. Damares due to insufficiency of fence. compelled. 11. Fences of home lots. 5. Proceedings when dividing line is a stream. 12. Adjoining proprietors, how compelled to 6. How divisional line may be aparted. pay. SEC. 1. The proprietors of lands shall make and maintain sufficient 1644. 1666. 1702. fences to secure their particular fields; and a rail fence, four feet and a 130. 17A87. 182,1. 1413. half high, a stone wall four feet high, well and substantially erected, and Proprietors of any other fence, which, in the judgment of the selectmen, shall be equal the, and hof w. to such a rail fence, shall be deemed a sufficient fence;* and adjoining proprietors shall each make and maintain half of the divisional fence, which shall have its center in the middle of the dividing line, and shall not exceed in width, if a straight wood or hedge fence two feet, if a brick or stone fence three feet, if a crooked rail fence six feet, and if a ditch eight feet, not including the bank, which shall be on the land of the maker; and no ditch shall be made adjacent to a house lot, without the consent of the owner of the house.t SEc. 2. If one proprietor shall make the whole fence, and afterwards Firstownermaythe adjoining proprietor shall enclose his land, he shall purchase and main- compel the othtain half of the divisional fence, and if the parties do not agree in dividing half of divisiontam half of a1 fence. and appraising it, either may call on the selectmen of the town in which said fence is, who may set out, to each, his proportion of said fence, and determine how much shall be paid to the party erecting or owning the same by the other; a certificate of which, under the hands of the selectmen, shall be sufficient evidence for the recovery of the same; but no action therefor shall be maintained unless the proprietor, who shall have first occupied his land and made the whole of the divisional fence, shall have caused it to be so divided and appraised, within six years after the adjoining proprietor, or those under whom he holds, shall have first occupied his land by particular enclosure, nor unless commenced within one year after such division and appraisal shall have been made.: SEC. 3. When a fence between adjoining proprietors has never been 1S824. How division divided, and either refuses to divide it, the other may call on the select- of fence maybe compelled. * Duty of proprietors when the line is such that no fence can be made. 1 Root, 269. Fence-viewers are the sole judges as to the sufficiency of fences. 24 Conn., 271. t A ditch named as a boundary, is regarded as a common fence. 6 Conn., 471. What right a party repairing a ditch has. Ibid. What is a divisional fence within the statute. 15 Conn., 133. + A parol partition of a divisional fence, by adjoining proprietors, is valid. 29 Conn., 421. 208 INTErLNAL POLICE OF TIlE STATE. [Title 16. men to make a division, who Shall set out, in writing,, the better part to him who erected it, or to the party holding under himan; and the cost, certifiel by the selectmlen in writing, shall be paid by him who refused to nmakie such division; and such division, being recorded in the town where the land lies, shall be binding on the parties. rn3. SEc. 4. If any person shall neglect to keep his divisional fence in EIow repair of divisional fence repair, the party aggrieved may call on the selectmen to view it:, who, if may be compelled. they find it insufficient, shall immediately give written notice thereof to tile person bound to repair it; and if he do not in fifteen days repair it, the party aggrieved may do so, and recover of the other party double the value of said repairs, as estimated in writing by the selectmen, and of their fees.' 1821. SEc. 5. When the dividing line shall be a stream or pond, lwhich is not When dividingD line is astrea'l a sufficient fence, and it is impracticable to make the fence in the llne, if or pond, how to proceed. either party shall refuse to make a divisional fence on either side, two selectmen of the town shall, on application of either party, determine on which side the fence shall be erected and maintained, or whether partly on one side and partly on the other, and what part each shall make and maintain, and deliver their determination, in writing, to the parties; and if either shall refuse to make and maintain his part of the fence, the other may do so and recover the expense of the party so refusing. os43. SEc. 6. When there is no fence between adjoining proprietors, or when How divisional line may be a particular enclosure shall be divided between two or more proprietors, and aparted. either shall desire to have a division fence erected, any two selectmen of the town where such land is situated, and if the same is situated in more than one town, then one from each town, may view said dividing line, first giving notice of the time for doing so to said proprietors; and if they deem it reasonable that said fence should be erected at the expense of each of said adjoining proprietors, shall divide and stake out said line, and assign to each his portion thereof, and limit a time within which it shall be erected; and each proprietor shall erect a sufficient fence on the portion of said line so set to him; and if either shall make his portion of said fence, and the other shall neglect to make his portion within such time, said selectmen may make, or authorize him who has erected his portion to make it, and the expense thereof, as certified by the selectmen, shall be paid by the other proprietor.t 1843. 1848. SEC. 7. When a particular enclosure has been or shall be divided, and Proceedings when a new di- the parties cannot agree respecting the division of a fence belonging to the vision is necessary. same, or when adjoining proprietors cannot agree respecting the division of an existing fence, and there is no record of any division of it, any of them may call out any two selectmen of the town where such fence is situated, alnd if the same is in two towns, one from each town, who shall view said fence, and make a division, and award in favor of and against such parties, as they shall deem just, suchr sums as shall seem reasonable; which * What averments are necessary in an action on the statute. 15 Conn., 526. Not necessary that fence-viewers should give notice to delinquent party of the time of meeting to estimate value of repairs. 28 Conn., 6OO00. Fence-viewers are not judicial officers. Icid. Notice to persons bound to repair need not specify the particulars in which fence is defective. 24 Conn., 271. Notice of inesfficiency of fence signed by trwo out of three fence-viewers good, when. 29 Conn., 421. Various point:4 in reference to notice. Ibid. t Fence-viewers have no power to fix the line, where it is disputed or uncertain. 28 Conn., 193. Chap. 3, Pa-rt 1.] PARTICULAR ENCLOSURES. 209 award shall be in writing, signed by said selectmen, describing such division, and limiting a time for the payment of the sums awarded, and, being recorded in the town or towns where such fence is, shall be final and binding, and shall not be invalid in consequence of any inaccuracy, if the location of such division, the parties, and the sums awarded, can be understood.* SEC. 8. No person shall remove his part of a divisional fence without 70,o. 1543. Enclosures, giving three months' notice to the adjoining proprietor, who may purchase Iihow tlrown open. such part on paying its value, to be determined, if the parties cannot agree, by two selectmen of the town where it is situated. SEc. 9. All damage done, either in particular enclosures or common 1666. D.21 Damiages in enfields, by cattle. horses, asses, mules, sheep, swine or goats, when the fence clo,:il's or cormpatmon fields, is sufficient, shall be paid by their owners.t'when fence is sifficient. SEc. 10. No person shall recover for damage done in his enclosure 1s,50.v 16tw. CDain4-es when through the insufficiency of his fence, unless done by animals at lar ge con- eiuce is illUfficient. trary to law, or by unruly cattle that will not be restrained by ordinary fences; or unless the owner of animals shall put them into, or otherwise voluntarily trespass on such enclosure; or unless they entered through a part of the fence which was sufficient: in which cases the owner of the land may impound them and recover poundage and damages.d SEC. 11. When adjoining proprietors cannot agree about erecting a Fence1s8C70home divisional fence, and there is a dwelling house on the lot of one within one lots. hundred rods of the dividing line, he may notify any two selectmen of the town in which said lot is situated, or if it is in more than one town, then one from each, who shall give written notice to the parties of the time and place of a hearing in regard to such fence; and the proprietor of said lot may, upon the terms namled by the selectmen, erect a better fence than is required by law, and the adjoining proprietor shall pay such part of the expense as he would pay for the erection of an ordinary sufficient fence, but shall be allowed the value of his part of the existing1 divisional fence appraised by the selectmen; and the expense of maintaining such better fence beyond that of an ordinary sufficient fence shall be defrayed by tlhe owner of said lot, who shall also pay the fees of the selectmen. SEC. 12. Said selectmen shall make a written certificate of their doings, Adjoinin- proprietors, how and leave a copy with each proprietor; and the party erecting the fence colpelled to may recover of the other the amount to be paid by him, if not so paid p)ay within thirty days after the erection of such fence. * See 21 Conn., 329. eW Who are the owners of cattle, within the statute. 6 Conn., 530. 16 Conn., 200. Plaintiff cannot recover for damage done by orderly cattle, through defect of his fence. 14 Conn.. 1092. Otherwise, where the cattle are unrulv. 16 Conn.. o00.; -Ordinary fences' mean such fences as are common and sufficient to restrain orderly cattle. 37 Conn.. 123. 210 INTERNAL POLICE OF THE STA~E. [Title 16. PART II. Comnlon Fields. SECTION SECTION 1. Meeting of proprietors. 12. Fences, how constructed. 2. Committee may call meetings. 13. Duties of fence viewers. 3. Proprietors may lay taxes. 14. Fence viewers to supervise doings of com4. Common fields, how constituted. mittee. 5. How to annex adjoining lands. 15. To inspect divisional fences between com6. How adjoining fields may be consolidated. moll fields. 7. HIow common fields may be divided. 16. Animals not to be allowed on land of 8. Fences, how maintained. another. 9. How fence may be altered. 17. Ponndage may be established by pro10. Committee to divide fence. prietors. 11. Owners to keep up stakes with their ini- 18. Agents of non-resident proprietors. tials. 19. Particular enclosures in common fields. 1702. SEC. 1. The proprietors of land in any common field may meet at such 1711. 1717. 1738. 1750. 1861. 1869. time and place as they shall appoint, adopt regulations with respect to the Meetings of pro- n prietors, and fencing and occupying such common field, and do everything necessary for their powers. its management; and may choose a clerk, a committee to manage their affairs, fence viewers, and haywards, who shall be sworn; and if any person so chosen shall refuse to serve, he shall incur the same penalty as persons refusing to serve in town offices. The officers shall hold office until the next annual meeting and until others are chosen in their places and duly qualified. In any meeting of such proprietors, each of them, or his lawful agent, shall be entitled to give one vote for each acre of land which he may own. Said proprietors may prescribe penalties for any violation of their standing rules; but no penalty shall exceed three dollars.* 173.e may SEC. 2. Such committee may call a meeting of the proprietors when Committee may call meetings they shall judge necessary, in such manner as the proprietors shall agree. 1732. 1869. SEC. 3. The proprietors shall have power to lay taxes upon themselves allnlcollected, in proportion to the number of acres owned by them respectively in the common field, for any common charge which they shall judge necessary, and may appoint collectors to collect such taxes, who shall have the same authority and be under the same penalties as collectors of town taxes; and the committee shall make the rate bills and procure warrants, signed by a justice of the peace, for their collection. 1746. 1783. SEC. 4. If two-thirds in interest of the proprietors of adjoining lands, so How proprietors may use situated that they may occupy them as a common field, shall agree to occupy their lands in common. such land as a common field, they may apply to the Superior Court in the county where the lands lie for its approval, due notice having been given to the other proprietors; and on obtaining such approval, said proprietors may occupy said lands as a common field, with all the powers and duties of proprietors of common fields; and where the lands lie in several towns, they shall hold their meetings at such place as they shall appoint. 1S61. SEC. 5. The proprietors of land, in any common field, may, by a twoHow to annex thirds vote annex to said field, upon such conditions as they shall specify, adjoining lands. any adjoining lands, on the written request of the owners, who shall thereupon have all the powers and duties of proprietors of said common field, except as may be otherwise provided in the said conditions; but no part of * Proprietors of common fields not a corporation. 35 Conn., 241. Fence-viewiers are quasi public officers, and their acts may be supported without proof that they were duly sworn. Id., 217. Chap. 3, Part 2.] COMMON FIELDS. 211 one common field shall be annexed to another without the consent of the proprietors of such former field, expressed by a two-thirds vote of a meeting, at which no person shall vote whose lands are proposed to be set off. SEC. 6. When the proprietors of adjoining common fields shall, by a How 86priethree-fourths vote at a meeting of each, vote to consolidate, they may tors of adjoinagree upon the terms and name upon and by which said fields shall be con- fieldt may consolidate. solidated, and the time and place of the first meeting of the proprietors of said consolidated field, to do any business which might be done at an annual meeting; and when said conditions shall be agreed upon by a three-fourths vote of each of such meetings, said fields shall become one common field, and said first meeting may thereupon be held without any further notice than is prescribed in said agreement, which shall be recorded by the clerks of each field, and a copy, attested by both of them, shall be lodged with the clerk of the consolidated field. SEC. 7. The proprietors of land in any common field may, by a two- Howv 1o864. thirds vote, divide said field into parts, and establish bounds between the fields may be same, upon such conditions as they shall specify. SEC. 8. The committee of the field, or a committee appointed for that Fences, how maintained. purpose, shall set out to each proprietor his proportion of the fence, and the place where it is to be made, who shall make and maintain it; and each proprietor, when necessary to make or repair his part of the fence, may pass over the land of any other proprietor; and where a common field adjoins a particular enclosure, half of the fence shall be made by the proprietors of the common field, and half by the owner of such enclosure; and such proprietors shall not, by laying open their enclosure, excuse themselves from making and maintaining their divisional fence, without liberty first had from the Superior Court in the county where the fence is; and all fences, set out to the owners of particular enclosures, shall be inspected and repaired, as part of the fence of the common field. SEc. 9. When a common line of fence shall be established, it shall not Iow fence may..... be altered. be altered, except by a vote of the proprietors, and when they shall alter such fence, the committee appointed to make the alteration shall file a report of their doings with the clerk.* SEC. 10. The committee may set out to all purchasers, heirs and devisees Committee to divide fence. of land in a common field at their expense, their respective portion of the fence which they shall be bound to maintain. SEC. 11. The owners of fence, in the line of a common fence, shall keep Own-er to keep up stakes with up stakes, with the initials of their names on them, and every person neglect- initials. ing to do so, for more than two days after warning given him by either of the fence viewers, shall forfeit one dollar to the proprietors of the common field. SEC. 12. Common fields shall be fenced, in the same manner as is re- ie3oces, o. quired in the case of particular enclosures; and the committee of any com- constructed. mon field may agree in writing, with the approval of the proprietors of such field, with the proprietors of any adjoining particular enclosure, and the committee of any adjoining common field, what divisional fence shall be built, and during what times in each year it shall be erected and maintained. SEC. 13. The fence viewers of every common field shall inspect its Is181. Duties of 1'once fences; and, if they find any part of them insufficient, forthwith give notice viewers.. * This report need not be accepted )by the proprictors.:35 Conn.. 247. 212 IN-TERNAL POLICE OF THE STATE. [Title 6. to the party bound to maintain it, and if he shall not repair it within twenty-four hours after such notice, they shall forthwith repair it, and he shall pay to them their lawful fees and double the costs of repairing such fence; but he may, within ten days after payment thereof has been demanded, apply to two disinterested selectmen of the town in which said fence is, who shall appraise the expense of repairing such fence, and he shall forthwith pay double the amount of their appraisement in lieu of the amount demanded by the fence viewers. 1869. SEc. 14. W. hen any common field shall have a committee to let out the Supervision of contractors for makling and repairing of its fences, the fence viewers shall inspect such repairing fence. fences, and if they find any part of them insufficient, give notice to one of said committee; and if the same is not put in repair within forty-eight hours thereafter, the fence viewers shall repair it, but the expenses shall be paid by the common field, and charged to the contractors for the repair of such fence. Insufficiency of SEC. 15. If the fence viewers of any common field shall find any part of fence between coilon tields. the fence between it and an adjoining common field, which it belongs to the proprietors of said adjoining field to erect and maintain, insufficient, they shall forthwith give notice to one of said proprietors, and if it is not put in sufficient repair within forty-eight hours after such notice, shall proceed to repair it, and may recover their expenses from either of said proprietors, who may recover whatever he has been so compelled to pay from the person liable to maintain such fence; except that no fence shall be required to be erected or maintained previous to the first day of October, in any year where it has not been customary so to do. 18161. ato SEC. 16. No person shall permit any of his animals to feed on another's Animals Lot to be allowe( on land, in a common field, without his consent, before such day as shall have another's land swithouthis con- been agreed upon as the day when such field should be opened for feeding, vwh-ich day shall not be fixed earlier than the tenth day of October, without the unanimous vote of the proprietors; and the haywards shall, and any proprietor may, impound all animals found in said common field contrary to the rules of said field. 1861. SEC. 17. The proprietors of any common field may establish the fees to lPoundage ]nay bt establishell,. lbe paid by the owner of any animals impounded from said field, not exceedin- tw;elve cents a head for sheep, and seventy-five cents a head for other animals, two-thirds of which shall be for the impounder, and one-third to the pound-keeper. A-gets of n E-e SEc. 1SE. Non-resident proprietors of a common field shall appoint agents. resident pro-ri-,/tors. - n-ho shall perform all the duties and obey the orders of the proprietors, in t'ie same manner as resident proprietors. And if any non-resident proprietor fails so to constitute an agent, the fence viewers, if they find any part of his fence insufficient, shall give written notice to the clerk of such insufficiency, and, on the failure of such non-resident proprietor to repair such fence, shall proceed in the same manner to repair such fence, and shall have the same recompense and remedy as in case of the neglect of resident proprietors. 17Partic - SEC. 19. WVhen adjoining proprietors of land, in a common field, shall Particular enclosures in cold- fence any particular enclosures in severalty, such particular enclosures shall morn fields. be under the same regulations in all respects as particular enclosures not within a common field are, unless the proprietors of such common fields otherwise order. Chap. 4.] FISHERIES. 213 CHAPTER IV. Fisheries. PART I. Fisheries in Tide-waters and Rivers. PART II. Fisheries in Ponds, Reservoirs, and Streams. PART III. General Provisions. PART I. Fisheries in Tide-tvaters and Rivers. ARTICLE I. Fisheries for Shell-fish. ARTICLE II. Pound, Net, and Seine fishing. ARTICLE III. Fish-ways. ARTICLE I. Fisheries for Shell-fish. SECTION. SECTION. 1. Designation of places for planting oysters 14. Staking out oyster grounds, withont anin East Haven and Orange. thority. 2. Towns may appoint committees to desig- 15. Staking them ont, on natural oyster beds. nate places for planting oysters. 16. Stealing from oyster beds. 3. Committee may designate places. 17. Taking oysters in Thames River. 4. Ownership of oysters planted. 18. Punishment for injury to enclosures for 5. Penalty for obtaining oyster place for -oyster beds. speculation. 19. For injury to oyster ponds. 6. Oyster beds in New Haven harbor. 20. Taking shells or shell-fish in New Haven 7. Town clerk to record applications, &c. Harbor, or off Branford. 8. When evidence of title is lost. new desi- 21. Trespass on oyster beds off Branford. nation may be made. 22. Dredging in New Haven I-arbor; taking 9. Maps to be filed. shell-fish from Morris Creek. 10. Damming creeks, for oyster ponds. 23. Forfeiture of boats &c., unlawfully used 11. Remedy, when natural oyster bed is des- in dredging. ignated and staked out. 24. Evidence of their unlawful use. 12. Leases of oyster grounds in Guilford. 25. Penalty for resisting seizure. 13. Such leases to be approved by town. 26. Taking of oysters by non-residents. 27. Catching small lobsters prohibited. SEC. 1. The selectmen of East Haven shall have exclusive authority Ism0. ism!. Designation; to designate, for the planting and cultivation of oysters thereon, on such plaSces for pl aiing oysters in conditions as they deem expedient, the navigable waters included within a East Htavenll w boundary line, commencing upon the line of division in East Haven river, Orange. between East Haven and Branford, opposite low water inark, and extending thence southerly along the line of division between the navigable waters of East Haven and Branford, to the intersection of a line so drawn as to cross the centers of Stony Island and Southwest Ledge; thence westerly along said last mentioned line to Southwest Ledge; thence northwesterly by a direct line to the line of division between the navigable waters of East Haven and Orange; thence northerly along said last mentioned line of division to a point west of the southerly limit of Morris's Cove; thence easterly by the shortest line to low-water mark, but south of any land already designated for the planting and cultivation of oysters thereon; and thence by the line of low-water mark to the place of beginning; and the 214 INTERNAL POLICE OF TIIE STATE. [Title 16. selectmen of Orange shall have the same authority to designate, for a like purpose, any portion of the navigable waters in such town, not occupied by any person under a previous designation thereof. 1855. 1866. SEC. 2. Any other town may appoint a committee, of not more than 1867. 1874. Towns may ap- five electors of such town, to hold office one year, and until others are point a comInitteeto de- chosen in their stead, which shall designate suitable places in the navisignate places for planting gable waters in said town, for planting or cultivating oysters, clams, or oysters. mussels; and the town may fill any vacancy which shall occur in such committee. 1855. 1864. SEC. 3. Any person desiring to plant or cultivate oysters, clams, or 1867. 1870. 1871. 1874. mussels, in any such waters, may apply, in writing, to such committee or Committee may designate selectmen to designate a suitable place to be used by him for that purpose, grounds. and such committee, or selectmen may make such designation, not exceeding, in territory, two acres in extent, and such applicant shall mark, and stake out such place, and may inclose it with buoys, or with stakes, set at suitable distances, and distinctly visible above the surface at high water; and said committee or selectmen shall make a written description of such designation and inclosure, by ranges or otherwise, as may be most convenient, which shall state the time of such designation; and the money derived from such designations shall be paid to the town in which the same are made; and designations may be made to several in common, as well as to individuals.* 1855. SEC. 4. Every person who shall plant or cultivate oysters, clams or musRights of party planting or cul- sels, in any such place, shall own them, and have the exclusive right of taktivating shellfish, in any such ing up and disposing of them, and of using such place for the purpose of planting or cultivating oysters, clams or mussels therein, which shall be transferable by written assignment; but nothing herein contained shall affect the rights -of any owner of lands, in which there may be salt-water creeks or inlets, or which may be opposite or contiguous to such navigable waters; nor the existing by-laws of any city, town, or borough; nor authorize any committee or selectmen to designate, or any person to mark, stake out, or inclose, any natural oyster bed, or infringe the free navigation of said waters, or interfere with the drawing of seines in any place established and customarily used for seine fishing. Penalty for pro- SEC. 5. Every person, who shall apply for, and procure, any designation curing designation for specu- of a place for planting oysters, to be made to him, for the purpose of assignlation. ing the rights, which he may acquire, for profit or speculation, shall be fined fifty dollars. 1866. SEC. 6. The designation of all places within the navigable waters of Natural oyster bleds illn lw ew HI-aven harbor, or its tributaries, which have been or may be desigHaven harbor. nated to any person for the purpose of planting or cultivating oysters therein, in pursuance of the provisions of this Chapter, shall be valid, although such places may have been natural oyster beds, if such designations are in other respects legal; but such of said places as are between Fort Hale and Long Island Sound, on the east shore of said harbor, or as occupy an equal distance along the west shore of said harbor, extending northerly from Long Island Sound, shall be where the water is at least five and onehalf feet deep at ordinary low tide; and nothing in this Chapter shall be * A majority of the committee may act, and may act separately. 25 Conn., 17. If the designation be of ground covered by a natural oyster bed, it is void. 37 Conn., 322. Chap. 4.] FISHERIES. 215 so construed as to impair or affect any fishing privileges in said harbor, by means of seines and fish pounds. SEC. 7. The selectmen of each town, in which places shall have been Is64. Town clerk to designated in its navigable waters for planting or cultivating oysters, shall record applicaprovide a book, to be kept by the town clerk, for recording all applications tiols. for such places, together with the written designation and descriptions of the places designated and set out thereon, and all assignments of such places; and he shall record each, and minute thereon the day when it was received for irecord, and the book and page, where it was recorded; and make an alphabetical index of all such applications, designations, and assignments, specifying the names of the applicants, and of the assignors and assignees, separately; and all attested copies of such applications, designations, and assignments, with a certificate that they have been recorded, shall be conclusive evidence of such fact. SEC. 8. Any owner of such places who shall have lost the evidences of When evidence of title is lost, his title, after filing the same with the town clerk, may apply to the com- new designation mittee of the town in which such places are situated, and in East Haven may be made. and -Orange to the selectmen, and if he shall satisfy them that the same justly belongs to him, and that he had obtained and filed such evidences of title with the town-clerk and that such evidences have since been lost or destroyed, such committee or selectmen may designate and set such places to him anew, notwithstanding he may have acquired title to other places, though the whole of the places held by him would exceed two acres in extent; but no new application and designation shall affect the rights of any other person to the places so designated and set out, or to the oysters thereon; and any person, who shall fraudulently procure any such place to be designated and set to himself, or to any other person, under the provisions of this section, shall be fined not more than three hundred dollars, or imprisoned not more than six months, or both. SEC. 9. When there shall be more than thirty designations for planting s186. 1874. Maps to be or cultivating oysters, clams or mussels, in the navigable waters of any filoed. town, its selectmen shall cause a map of such designations to be made and deposited in the office of the town clerk; and the committee or selectmen, who shall thereafter make any such designation, shall mark the same upon such map. SEC. 10. When the owner of any land, in which there may be any salt- 1s42. water creek or inlet, shall desire to dam, gate, or lock the same for an cremksfoisoyster oyster pond, for the cultivation of oysters, he may make application there- ponds. for to the selectmen of the town where such creek or inlet may be; who shall visit and examine it, and if, in their opinion, to dam it will not injure navigation, or deprive the public of any rights or privileges, shall mark off, or set bounds, where a dam may be built, and report their opinion to any meeting of such town; and if the meeting shall approve of the opinion of said selectmen, the owner of said creek or inlet may construct and maintain such dam, gate or lock, for such purpose, during the pleasure of the General Assembly. SEC. 11. CWhen any natural oyster bed, or any part thereof is designa- 18o0. ted, inclosed or staked out, contrary to the provisions of this Chapter, the Phrceedin - Superior Court, as a court of equity, in the countr in which such oyster bed esignatedreand is situated, upon the petition of any individual aggrieved, or of the town in staked out. which such oyster bed is situated, against the person claiming the same, and 2iG INTERNAL POLICE OF THE STATE. [Title 16. the chairman of the oyster committee appointed by such town, when such petition is brought by an individual, shall appoint a committee, who, having been sworn and given notice to the parties, shall hear such petition and report the facts thereon to such court; and if it shall appear that such oyster bed has been improperly staked out, the court may order said committee to remove the stakes inclosing the same, and costs to be paid at the discretion of the court; but when oysters have been planted, or cultivated, or improvements made, before such petition shall be brought, by any person, in good faith, to whom said designations shall have been made, or by any assignee of such person, the court shall give him a reasonable time to remove said oysters, and improvements. 1i74. SEC. 12. The selectmen of Guilford may lease, for not exceeding ten Guilford may lease certain years, all ground of the town in East and West rivers, suitable for planting oyvster grounds. or cultivating oysters, to the highest bidders at an auction at some public place in said town, notice of the time and place of which auction shall be given by posting the same on the sign post in Guilford, and publishing it in two daily newspapers published in New Haven, six times, commencing Leases regu- at least two weeks before the auction; but no lease shall be made to'any lated. person of a tract of ground exceeding five acres in extent, nor to any minor. The leases shall be executed by the selectmen, as deeds of real estate, reserving to said town the rents for such grounds, and shall be recorded in the oyster records of the town, and the grounds shall be designated Rights of and staked out as other oyster grounds are; and any such lessee thereof lessees. Penalties for shall, during the term of his lease, be the owner of all the oysters thereon, ataninght.'ers but shall not take any oysters therefrom, in the night season, and, if he do, shall be fined not less than seven, nor more than fifty dollars. To be approved. SEC. 13. The preceding section shall not take effect unless approved by by town. a majority of the legal voters of the town. s1865. SEC. 14. No person, except the authorized committee or selectmen, shall Stakin- out -rounds except stake out or inclose any public grounds in navigable waters, for the purpose by comnlittee, prohibited. of planting or cultivating oysters therein. 1867. SEc. 15. Any member of a committee or selectman, who shall designate Designation of oyster grounds places for, planting or cultivating oysters upon natural oyster beds, or upon on natural oyster beds. other places where it is by law prohibited, shall forfeit not less than twentyfive dollars, nor more than two hundred dollars, half to him who shall sue therefor and half to the town where the offence is committed. 1S74. SEC. 16. Any other person than the owner thereof, who shall, in the Stealing firom oyster ledls, day time, unlawfully take and carry away any oysters lawfully planted or culhow punished. trivated in any waters, shall be fined not exceeding three hundred dollars, or imprisoned not exceeding one year; and if such offence shall be committed in the night season, he shall be fined not exceeding five hundred dollars, or imprisoned in the common jail or State prison not exceeding one year. 1874. SEC. 17. Every person who shall, from the first day of March until the Taking oysters in Thames - first day of November in each year, gather any oysters or oyster shells in river. or upon any of the fiats, creeks or banks of the river Thames, shall forfeit not less than seven dollars nor more than fifty dollars, half to him who shall prosecute therefor, and half to the town in which the offence is committed, or be imprisoned in the workhouse or common jail not exceeding thirty days, or both. 18ss. 186L. SEC. 18. Every per,:on, who shall wilfully injure any inclosure, legally Punishment fcr injurytoinclo- designated, marked out and inclosed, or the oysters planted or cultivated sture. Chap. 4.] FISHERIES. 2 17 therein, shall be punished for the first offence, by a fine not exceeding seven dollars, or by imprisonment in a common jail, or work-house, not exceeding thirty days; on a second conviction, by a fine not less than seven dollars, nor more than twenty dollars, and by imprisonment in a common jail, or work-house, not less than thirty days, and not more than ninety days; and on every subsequent conviction, by a fine of fifty dollars, and by inprisonment in a common jail, or work-house, for six months; and every prosecution for a first or second offence, shall be heard or determined by a justice of the peace. SEC. 19. If any person shall injure the dams or gates, of any oyster pond, 1,4naltq.r inin the day time, he shall forfeit not exceeding seven dollars, to him who j3'i toS oyster ponds. shall sue for the same, or be confined in the county jail, or work-house, not exceeding' thirty days; and if any person shall do any such injury in the night season, he shall forfeit twenty-five dollars to him who shall sue therefor, or be confined in the county jail, or work-house, not exceeding three months. SEC. 20. Any person, who shall between sunset and sunrise take or collect any shells or shell fish from any place on the easterly side of New Tl'akinl'shells 1Haven harbor, between Fort Hale and Long Island sound, designated for O\w lilnve harHaven harbor, In I ZnVI~VVI~ - V-V — C~VIV VYI~~R YV1~~h bor, or off Branplanting or cultivating oysters, or from any portion of the navigable waters, ford. so designated, in East Haven or Orange, or from any place below highwater mark, and within two miles of the shores of Branford, shall be fined not exceeding one hundred dollars, nor less than seven dollars, or imprisoned not exceeding sixty days, or both; and if a fine shall be imposed, half thereof shall be paid to the informer, and half to the town where the offence was committed; provided that this section shall not apply to the taking of clams off Branford, between the first day of May and the fifteenth day of October. SEC. 21. Every person, who shall take or collect any shells or shell-fish, Tresp n or use spears for taking fish, within the boundaries of any place desig- oyster'beds off Zr —-- --- -----— n I —7 D. —— ~~- ---- ------------ -- W~-YT r~LWVBranoird. nated for planting or cultivating oysters within two miles of the shores of Branford, without the permission of the owner of such place, shall be fined not more than one hundred dollars, nor less than seven dollars, or inprisoned not exceeding sixty days; and if a fine be imposed, half shall be paid to the informer, and half to the town where the offence is committed. SlEc. 22. Every person, who shall take or collect any shells or shell-fish Drecding.for by means of dredges in that portion of the New Haven harbor and its sholro shell adjacent waters, or in the navigable waters of the town of East Haven, Ilavenharbor. west of a line commencing on the line of division between East I-aven and Branford, at the mouth of Farnm river, and running thence southerly to Scotch Cap, and northerly of a line running fromn said Scotchl Cap westerly to South West Ledge, and from thence westerly to a point in the low water mark of Orange nearest the center of the dwelling-house formerly known as Hines' Place, or who shall take any shell fish from Morris creek in East Haven, except on or adjacent to his own land, Takinshellll fSl without the consent of the owners of the adjacent land, shall be fined creek. not less than twenty-five dollars nor more than one hundred dollars, or imprisoned not exceeding six months, or both; and half of any such fine shall be to him who shall sue therefor, and half to the town within whose waters the offence is committed. SEC. 23. All sheriffs, deputy sheriffs, and constables shall, and any Boats& c:,unother person lay, seize any boat or vessel illegally used in dredging, with lawf.yll y usfed ii d:forfeinto be forfeited. 213 INTERNAL POLICE OF THE STATE. [Title 1G. its tackle, apparel, and furniture, wherever found within one year thereafter; and shall forthwith give notice thereof to two justices of the peace, or if in New Haven county, to any City Court, of the county where the seizure was made; which authority shall forthwith order reasonable notice to be given to the person who was in possession of the property seized, or to the owner thereof, if known, of the time and place of trial; and shall, at the time appointed, determine whether such property was used contrary to law, and, if found to have been so used, shall order it to be sold in such manner as said authority shall direct; and the avails thereof, after deducting all costs and charges which said authority may allow, shall be paid half to the person who made the seizure, and half to the town where the offence wTas committed. Dredges, shells, SEC. 24. WVhen there shall be found on board any boat or'vessel any or shell fish found on board dredge and shells or shell fish, in the waters described in the twentyboat, 1prima? facie evidence second section of this Article, it shall be prima facie evidence that said of illegal use. of iaus boat or vessel was used contrary to the provisions of said section. Punishment for SEC. 25. Any person on board any such boat or vessel, who shall resisting seizure. prevent or obstruct any person from entering and seizing it shall be fined not exceeding one hundred dollars, or imprisoned not exceeding six months, or both; half of which fine, if a fine be imposed, shall be paid to the informer *and half to the town within whose waters the offence is committed. 184Si SEC. SEC. No person shall take, rake, or gather any oysters in any of the 1865. 1873. Taklillgof'oys- waters of this State, on board of any boat or vessel, for himself or any ters by non- residents. employer, unless he and his employer are at the time and have been for six months next preceding, actual inhabitants or residents of this State. c s74. SEC. 27. Every person who shall take, sell, or have in his possession Catching small lobsters pro- with intent to sell, or destroy, any lobsters less than ten inches long meashibited. uring from the head to the end of the tail, exclusive of claws and feelers, shall be fined not less than seven nor more than fifty dollars, half to be paid to him who shall sue therefor and half to the town in which the offence is comitted, or be imprisoned not exceeding thirty days, or both. ARTICLE I1. Pound, Net, and Seine Fishing. SECTION SECTION 1. Pounds, weirs, &c., how built and numn-. Forfeiture on complaint of Fish Cornbered. missioner or fish wardeon. 2. Their use regulated. 10. Taking salmon and bass in Connecticut 3. Salmon to be released: record of edible river. fish caught. 11. Seine fishing in Mystic river and near 4. Size of meshes. Stonington. 5. Penalty and exceptions. 12. Weirs, pounds, nets, &c., in Paucatuck 6. New weirs or pounds not to interfere river. with old ones. 13. Time for using mesh or scoop nets in Pau7. Pound fishing prohibited at certain times catuck river. in certain limits. 14. Weirs, nets,' &c.. in Salmon river cove, 8. Forfeiture of pounds unlawfully set, and and Bride pond brook. their appurtenances. 15. In Sabethe and West rivers. Chap. 4.] FISHERIES. 219 SECTION SECTION 16. In Farmington river and its tributaries. 22. Assessment of damages from obstruction 17. In Mill river, in Fairfield. to shad fishing, in Ilousatonic river. 18. In Quinncbaul and Shetucket rivers. 23. Notice to inspectors that shad net is ready 19. Size of meshes of nets used in Thanmes for use. river. 24. Sunday fishing with seines or gill nets: 20. Stationary nets in West river, and New size of mesh for shad nets. Haven harbor. 25. Obstructing fishing places prohibited. 21. Limits for shad fishing in Housatonic river. SEc. 1. No person shall set or use any pound, weir, or other similar fixed 1872. Pounds, weirs, contrivance for catching fish, in any of the waters of this State, until the &c., how built. and numbered. owner thereof shall deliver to the Fish Commissioners a description of the same, embracing the place on the shore where it is to be set, his own name and that of such pound, weir, or other contrivance. Said Commissioners shall number them in the order that such descriptions are delivered to them, and the number of each, painted in black letters, each not less than six inches long and four inches broad, on a light ground, shall be set and maintained in a conspicuous place at the land end of its leader, and at the seaward end at or near the outer bowl; nor shall any person set or use the same from six o'clock on Saturday morning until six o'clock on the next Monday morning between the twentieth days of March and June in each year; but if, by stress of weather, he cannot haul a pound between one o'clock and six o'clock on such Saturday morning, he may make one haul thereof only before noon of such day. SEC. 2. The owners of all such pounds, weirs, or other contrivances, Their use regu. lated. shall, between Saturday and Monday, and during the hours specified in the preceding section, raise and keep out of the water at least thirty feet of the outer or seaward end of the leader, which shall not at any time be more than two hundred rods long, and shall raise up and close the opening of the bowl so as effectually to prevent the entrance of any fish therein, and allow them to pass under and beyond the same; and on each Monday morning, or as soon thereafter as the weather will permit, such bowl shall be raised and examined, and if any fish are found therein they shall be released on the seaward side of said bowl; which shall not, on its outer end, extend beyond one mile from low water mark, nor approach within twenty rods of any channel at or near the mouth of any river. SEC. 3. Any smolt, grilse, or salmon caught in any such pound, weir, Smolt. grilse, and salmon to or other contrivance, shall be immediately released by the owner thereof, be released, &c. who shall report such fact to the Fish Commissioners, and keep an accurate Recordofedible record of the number of each kind of edible fish caught therein on each fish caught. day between said twentieth days of March and June, and shall, when requested by such Commissioners, make a sworn return thereof to them. SEC. 4. No net having a mesh less than two and one half inches square Size of meshes. shall be used for the leader, heart, or bowl of such pound, weir, or other contrivance, except for catching white fish, after the first'day of June in any year. SEc. 5. Every person who shall violate any of the provisions of the Penalty. four preceding sections of this Article shall be fined four hundred dollars; but such provisions shall not apply to fyke fishing, or to pounds set for the purpose of catching white fish between Hammock Point, in Clinton, Exceptions. and Pond Point, in _Milford, or between the mouths of the Connecticut and Thames rivers. 0220 INTERNAL POLICE OF THE STATE. [Title 16. 156S. 1869. SEC. 6. No person shall construct, on the waters along the shore of N\'ew weirs or polunds on the Long Island sound, any weir or pound for taking shad or white-fish, within Sound not to interl'ere with old seventy rods of the place where any other weir or pound has been conoInes. structed, used, and continued during the fishing seasons for the preceding ten years; but this section shall not extend to or affect any person or association, or their assigns, who may have had, used, and continued, during the seasons for fishing for not less than five.years next preceding, such pounds or weirs nearer to such older established and located pounds and weirs; and every person attempting or intending to violate the provisions of this section may be restrained by injunction, and shall pay to the person injured all damage sustained; nor shall the provisions of this section apply to the waters between the eastern boundary of the town of Madison and Pond Point in Milford. 1874. SEC. 7. All pounds, weirs, set-nets, or other fixed or permanent conPound fishing within certain, trivances for catching fish, used in any waters between a line extending limitsandateer- lain times pro- south from the mouth of the Connecticut river, and a line extending south hibited. from the southwest corner of Clinton, froml the first day of Mlarch to the fifteenth day of June, and all nets, seines, boats, sails, oars, tackle, ropes, and other articles used therewith, shall be seized and forfeited and disposed of, as in the succeeding section provided; and any person who shall own, lease, set, or use, or assist in setting or using, any such pound, weir, set-net, or other fixed or permanent contrivance, in said waters, during said time, shall be fined four hundred dollars. Forfeiture of SEC. 8. Upon information lodged with any justice of the peace of any pounds, unlawfully set, and town within the county where any such pounds, weirs, set-nets, or other their appurtenapnces. fixed or permanent contrivances, are set or used in violation of the preceding section, he shall forthwith issue a warrant, commanding any proper officer, or any other person, by name, to seize and remove such pounds, weirs, set-nets, or other fixed or permanent contrivances, together with all nets, seines, boats, sails, oars, tackle, and other articles used therewith, and to hold the same in custody subject to the order and disposal of said justice of the peace; and to post a notice upon the sign post of the town vwhere such seizure is made, specifying the articles seized, and notifying all persons interested therein to appear on or before a certain day and hour, within one -week after posting such notice, and deposit a written statement of his claim or interest therein with said justice of the peace; who shall at said time, or upon any subsequent dlay, as he shall direct, inquire into the facts of the case, and, if no good cause be shown to the contrary, issue his order commandcing the officer or person in charge of such property to sell it at auction, and after paying out of the proceeds of such sale all the expenses of such seizure, removal, and sale, to pay half of the remainder to the person lodging such information, and half to the State. Forfeiture of SEC. 9. Upon the written complaint of any Fish Commissioner, or fish )Oilinds, nets,,boats. &,c.,tused warden, to any justice of the peace for the county, or the county adjoining iiilawfully. that, where any pound, weir, set-net, or other contrivance, is set up or used in violation of law, he shall issue a similar warrant to that prescribed in the preceding section, and proceed thereon in a similar manner to that therein prescribed, except that he shall, if such property be adjudged to be forfeited, order the officer, after paying out of the proceeds of the sale all the expenses of such seizure, remnoval and sale, to pay the remainder thereof to the State. Chap. 4.] FISHERIES. 221 SEC. 10. No person shall take striped bass, black bass, or salmon from alm872. Salmon and bass the Connecticut river, in seines or nets, between the twentieth day of June i0ionnecticute and the thirteenth day of July.p SEC. 11. Every person who shall draw any seine in Mystic river north of s.18s. Seines in Mysa line running due east fromn the light-house in Groton, from the fifteenth tic river. day of April to the first day of November, shall forfeit such seine, and ten dollars, half of such seine and money to go to him who shall sue therefor, and half to the town where the offence shall be committed; provided that any person may draw any seine, for the purpose of taking bony-fish, in any part of Mystic river, southerly of Mystic bridge, in April and May, in each 1866. ISI0, year. Every person who shall draw, or assist in drawing, any seine for the In Stonington. purpose of taking fish, in said river north of the upper bridge, known as the Mystic bridge, or in the waters of Stonington above the railroad bridge, shall be fined not exceeding fifty dollars nor less than twenty-five dollars for each offence; and the complaint therefor shall be tried and determined by any justice of the peace of New London county. SEC. 12. Every person who shall erect or continue any weir or pound 825.s Wieirs, nets, upon any flat, or other part of the bottom of the Paucatuck river, eastward poun(ds, &c., in Pa'catuck rivor westward of its channel, between the first day of June and the twentieth er. day of March, or who shall erect or continue any stationary net or like obstruction to the main channel of said river, shall be fined twenty dollars for the first offence, and seven dollars for each day that such weir, pound, net, or other obstruction, shall be so continued after conviction for the first offence. SEC. 13. No person shall fish with mesh or scoop nets in Paucatuck Time of fishing Awith scoop net's river, or any of its branches, from sunset on Friday until sunrise of Melon- in Panicatuck river. clay of each week from the twentieth day of March to the first day of June; and no person shall use more than one net therein. SEC. 14. No person shall set any stationary nets or any obstruction ~h. nels6.5 across Salmon river cove, below George Cone's point, for the purpose of,i.'c, in Salnon river cove or taking fish or obstructing their passage in and out of said cove; nor place Br.ide pond weirs, or other obstructions, except mill-dams, across Bride-pond brook and outlet in East Lyme, between sunset on Saturday and sunrise on the following Friday, between the twentieth of 1March and the first of May. SEC. 15. Every person who shall set or draw in the Sabethe river, or in In S163he and West river, in Middletown, or in Cromwell, any seine having meshes less West rivers. than four inches in width, shall forfeit the value of the seine and fish craft used for said purpose, to him who shall sue therefor, and be fined not less than seven dollars. SEC. 16. No person shall draw or use any net for taking fish in Farm- In8Fa61ton ington river or its tributaries above the dam at Tariffville, in Simsbury; or traies raboveth e use any weir or set net, the mesh of which is less than five inches in widthl falls. in Farmington river in WVindsor, or which shall not at all times remain Atrindor open for a space of thirty feet in or near the center of the river. * The owners of land on the Connecticut river above the ebbing of the tide have an exclusive right of fishingr opposite their land. 2 Conn., 4S1. A riparian proprietor on a navigable river possesses an exclusive right to take fish on his own land, but the right of fishing in such river is a common right. 5 Day, 72. The rioght of fishing in a navigable river is, primn facie, public, but may be vested in an individual by grant, from the State or by prescription. 1 Conn., 832. Right acquired by occupancy, how enjoyed. 1 Hoot, 217. What persons may join in a suit for a disturbance in the enjoyment of a fishery. 8 Conn., 236. 17 222 INTERNAL POLICE OF TIHE STATE. [Title 16. e1872. SEC. 17. No person shall set or draw any seine, draft, drag, or scoop net In Alill river, in Fairfield. in Mill river, between Jeliff's dam and Perry's dam, in Fairfield. 1872. SEc. 18. No person shall take from the Quinnebaug or Shetucket river, In Quinnebang and Shetnucket or any tributary thereof, any shad, salmon, grilse, smolt, or parr, before the fifteenth day of March, 1875, or set or use any fish net or seine, between sunset and sunrise, in the Shetucket river, or take any shad therefrom below 18s3. 1849. the dam at Greenville; or fish with scoop nets at any of the falls, dams, eit.1S e op or sluice-ways, in Quinnebaug river, or in Shetucket river below its junction with the Quinnebaug, except between sunset on Monday evening and sunrise on Friday morning, in any week in April, May, and June. 1871. SEC. 19. No person shall, except for catching shad, set or use any fyke Size of meshes in nets used in or fish trap, or fine net or seine, whose meshes are less than one and one-'rhallles river. quarter inches square, in the Thames river. Stationary nets SEC. 20. No person shall unlawfully set or use any stationary net in in West river or West river, below the Westville bridge, or in New Haven harbor, within New tdaven harbor. two miles of a line commencing at high-water mark and drawn directly across from Oyster Point, in New Haven, to the old wharf in West Haven. 1870. SEC. 21. No person shall take any shad in the Housatonic river between LJmits of shad fislit in inlol- its junction with the Naugatuck river and the dam at Birmingham, or satonic river. within sixty rods above said dam. 1871. SEC. 22. When any shad fishery in the Housatonic river between the Assessment of dalages fin ob- damn of the Ousatonic water company and the great falls at New Milford struction to shad fishery in has been or shall be injured or destroyed by the erection of any obstruction erouatonic ri- across said river, and any person erecting the same is liable to pay to the owner of any such fishery the damages by him sustained by such erection, and the parties in interest can not agree as to the amount of said damages, such owner may prefer his petition to the Superior Court of the county in which said fishery is situated; and said court shall thereupon appoint three disinterested freeholders to hear said parties, to whom they shall give notice of the time and place of their meeting on the business of their appointment, and after being sworn they shall hear the parties, and inquire into the- truth of the matters alleged in said petition, and assess the just damages sustained by the petitioner, and report their finding and assessment to the court; and said court, on accepting said report, shall render judgment against the respondent for said amount of damages, and the costs, and issue execution therefor; and said assessment of damages shall be recorded by the clerk of said court. Notice to in- SEC. 23. The owner of every net used fcr shad fishing, shall before it spectors that shad net i is so used, notify the inspector of his town that the same is ready for ready for use. use, and on his neglect so to do, shall forfeit fifty dollars, half to him who shall prosecute therefor, and half to the town. 1872. SEC. 24. Every person who shall set or draw a seine or gill net in any Sunday iishinwith seines oc- river, between sunset on Saturday evening and sunset on the following Sungill nets: size of mesh for day evening, between the fifteenth days of March and June, in each year, or shad net. who shall at any time in any river, use a net or seine for catching shad, with a mesh less than two and a half inches square, shall be fined one hundred dollars. Obstr SEC. 25. No person shall place any obstructions upon any fishing place, ahin~ plai -ces upon grounds swept by seines when taking fish in a proper manner, without prohihited. the consent of the owner. Chap. 4.] FISHERIES. 223 ARTICLE III. ]Fis-l-ways. SECTION ISECTION 1. When and how to be provided. 3. Penalties. 2. How maintained and kept open. 4. Fishing near fish-ways prohibited. Sec. 1. Every artificial obstruction, built upon any river up which shad 69.. isll70. or salmon run, shall be provided by the occupant of such obstruction with a to be provided. durable and suitable fish-way for the passage of fish, of such form and capacity, and in such location as may be determined by the Fish Commissioners; who, when they shall have determined upon the form, capacity, and location of any such fish-way, shall give written notice thereof to one or more of the occupants of the obstruction, over which such fish-way is to be built, and require the same to be built within a time to be therein specified. SEC. 2. After the completion of any fish-way to the satisfaction of the Ho9w maintained and kept Commissioners, the occupants shall alter, and keep it in repair, and open open. and free from obstructions to the passage of fish, in such manner and during such period, as the Commissioners shall require; and if no period shall be specified by such Commissioners, it shall be kept open and free from the first day of April to the first day of November, in each year; and every person who shall neglect to comply with any of the provisions of this section shall be fined not less than ten dollars, nor more than fifty dollars, for each day of such neglect. SEC. 3. If such fish-way is not built and completed to the satisfaction Penalty for negof the Commissioners within the time specified by them, the owner or lect. occupant shall be fined not less than ten dollars, nor more than fifty dollars, for every day between the first days of May and November, during which such fish-way shall remain incomplete, after the expiration of the time fixed by such notice. SEC. 4. Every person, who shall take any fish within four hundred 1s74. yards of any fish-way, shall be fined not less than fifty, nor more than two fish-wieas prohundred dollars. hihited. PART II. Fisheries in Ponds, Reservoirs, and Streams. SECTION SECTION 1. Fishing, without consent of riparian pro- 12. In Taunton and Chestnut Hill ponds. prietor. 13. In Hatch or Leonard pond in Kent. 2. Entry to fish, afternotice by proprietor for- 14. Taking black bass in Long lake. bidding it. 15. In:Middlefield, Quadic, Ashland Cotton 3. What to be deemed private ponds or Company's, and Griswold Paper Comnstreams. pany s reservoirs. 4. Fishing in ponds stocked by Fish Com- 16. In reservoir of M[iddletown Water Works. missioners. 17. In Columbia reservoir. 5. In Dog or Tyler pond in Goshen. 18. In South Coventry pond. 6. Seines used in Waramaug lake to be for- 19. In Black pond, Woodstock ponid Little feited. river, MIarlborougch or East Hampton 7. Fishing in Lake Whitney, or Water Com- pond. pany's reservoir. 20. In Farm river. 8. In Mount IIope reservoir in Ashford. 21. Forfeitures to the Waltonian Club. 9. Spearing fish in Twin lakes in Salisbury, 22. Trespass on breeding ponds of the Club. or Squantz, Bearss' or Ball's pond in 23. Arrest of persons trespassing. New Fairfield. 24. Disposition of fines. 10. Fishing in Umpawaug pond in Reading. 25. Fishing in Mill river, Samp Mortar stream, 11. In Amos lake, -Meriden Cutlery Company's or Far Mill river. reservoir, and Black pond. 224 INTERNAL POLICE OF THE STATE. [Title 16. Fishin8itho.t SEC.. No person shall take or carry away any eatable fish from any consent of ripe- stream, pond, or reservoir, without the consent of the owner of the land rian proprietor. covered by and adjoining such water. Entry to fish, af- SEC. 2. Every person, who shall enter on the land of another, for the ter notice roillo plroprietor for- purpose of taking fish from any private pond, stream or spring thereon, bidding it. after the owner or occupant of such land, or pond, stream or spring, shall have posted a notice adjacent thereto, forbidding such entry, shall, in addition to the damages for such entry, forfeit to such owner or occupant one hundred dollars. 1871. SEC. 3. All waters, the shores of which are owned or leased by any one WThat to be deemed private person or corporation, except ponds now owned or in part owned by the ponds or streams. towns in which they are situated, or which have been stocked by the Fish Commissioners, shall be private ponds or streams within the meaning of this Chapter. 1868. SEC. 4. When the Fish Commissioners shall have stocked any pond or 157-2. 1874. Fishing in wa- lake, except Mashapaug pond in Union, with fish, at the request of any corters stocked by Fish Commis- poration, city, borough, private individual, or of the selectmen of the town sioners, prohibited. in which such pond or lake is wholly or partly situated, and shall have filed their instructions in the office of the town clerk of such town, and published the same in a newspaper in the county in which such pond or lake is situated, if any person shall in any manner, within three years thereafter, fish for or take fish therefrom, contrary to such instructions, he shall be fined not exceeding one hundred dollars, or imprisoned not exceeding three months, or both; and any person found with lines in any such pond or lake proceeding from a boat anchored thereon, shall, priema facie, be guilty of a violation of the provisions of this section. 1874. SEC. 5. Every person who shall willfully take any pickerel from Dog In Dog or Tiyler pondinGoshen. pond or Tyler pond, in Goshen, in March, April, or May, shall be fined not less than seven nor more than fifteen dollars, and in default of payment of the same shall be imprisoned for ten days. 1!79. 1873. In Waramraougl SEC. 6. No person shall draw or use any seine or net for the taking of lake with scine, fish in WVaramaug lake, in Litchfield county; and every seine or net, so Seinees so sed drawn or used, may be seized by any person, and upon such seizure shall be to be forfeited. u forthwith carried before some justice of the peace in the town in which it was seized, who shall receive it into his custody, and as soon thereafter as can conveniently be done, issue a summons to all persons interested therein to appear before himself or some other justice of the peace in said town, at a time and place by him appointed, and show cause why it should not be forfeited and sold; which shall be served, by some proper officer or indifferent person, upon the owner or claimant of such seine or net, if known, and if not known, by posting a copy of such summons on the sign-post in said town, nearest where such seizure was made, at least six days before said time. Said justice may, at said time, hear the parties in interest, or may order further notice to be given, and may adjourn from time to time; and if upon a hearing he shall find that said seine or net has been drawn or used for taking fish in said lake, shall declare it to be forfeited, and order it to be sold at such time, by such person, with such notice, and in such manner as he may appoint; and the avails of such sale, after payment of the costs and expenses, 1s64. shall be paid half to said town, and half to him who made the seizure. Fishing in SEC. 7. Every person, who shall take any fish from the WVhitneyville Whitneyville lake, or Water lake or pond, or from any reservoir belonging to the New Haven Water Company's rese;voir. Chap. 4.] FISHERIES. 225 Company, without the written permission of its directors, shall be fined not exceeding seven dollars, or imprisoned not exceeding ten days, or both. SEc. 8. Every person who shall, without consent of the owner, take or ISO. IIl Mrount Hope carry away any fish from thel Mount Hope reservoir in Ashford, or wantonly ls e-oir i Ashibrd. or maliciously do any act, by which fish are destroyed in said reservoir, shall be filled not exceeding seven dollars, or imprisoned not exceeding thirty days, or both. SEC. 9. Every person who shall take, or assist in taking, any fish with a 1s63. 1is9. Spearing fish in spear in the Chapinville ponds or Twin Lakes in Salisbury, or in Squantz, Twin Lakes in Salisbury. Bearss', or Ball's pond in New Fairfield, shall forfeit five dollars for every In Stew Fairfield ponds. fish so taken, half to him who shall sue therefor and half to said town. SEc. 10. Every person who shall take through the ice any fish from lm- Fis4hi.Ti; Um pawaug pond, in Reading, shall forfeit ten dollars for every fish so taken, pawaul pond in Reading. half to him who shall sue therefor, and half to said town. SEC. 11. No person shall take any fish from Amos lake, in Preston, 186lS62. between the first days of November and MIay, or from the reservoir of the TIlAmnos lake. Nleriden Cutlery Meriden Cutlery Company, in Meriden, during December, January, Febru- co'sl reservoir, and Black pond. ary, March, April or May, or from Black pond in Middletown between the first days of December and 2March. SEC. 12. No person shall take any fish from Taunton pond, in New- 1s,76. 1sG:. In Tlaunton and town, between the first days of January and March, nor set or draw any Chesmit lull seine, draft, drag, or scoop net in any of the Chesnut Hill ponds or reservoirs, in Killingly, for the purpose of taking fish therefrom, between the first days of June and November. SEC. 13. No person shall take any fish from Hatch pond and Leonlarld n hatc.or pond in Kent, from the first of November to the first of May, or at any Leonard pond, time otherwise than by hook and line. SEC. 14. No person shall, prior to the twenty-third day of July, 1S77, 1s71. s1872. Takiln black take or carry away any black bass from Long lake in Winchester, for thle bass firoml Lollg purpose of stocking any other waters with the same. SEc. 15. Every person who shall take any fish from the Middlefield Isc. l:GXs. 1874. reservoir between the first days of January and July, or from Quadic reser- In Middleficld, hQuadic, Ashvoir between the last day of October and the first day of May, or +-ho land Cotton Co.'s, or Grisshall take any fish by hook, spear, net, or seine, from the Ashland Cotton awold Paper Co.'a reservoirs. Company's reservoir or the Griswold Paper Company's reservoir, in Griswold, between the first days of November and April, shall be fined seven dollars, or imprisoned not exceeding ten days, or both. SEC. 16. Every person who shall take any fish from the reservoir of the IST4. In reservoir of water-~works of the city of Middletown, without the written permission of in idcldletoirn two of the Water Commissioners of said city, shall be fined not exceeding "'ater-works. twenty dollars, or imprisoned not exceeding thirty days, or both. SEC. 17. Every person who shall take any fish from the Columbia reser- IsO. voir, in Columbia, between the first days of November and April, shall be In Col4umbia. fined seven dollars, or imuprisoned not exceeding thirty days, or both; and reservoir. half of any such fine shall be paid to said town, and half to him who shall prosecute to effect. SEc. 18. Every person who shall take any fish from South Coventry s872. pond, in Coventry, between the fifteenth days of November and April, IlySotlCovenshall be fined seventeen dollars, or imprisoned not exceeding ten days, or both; but said town may, at its annual meeting, suspend the provisions of 226 INTERNAL POLICE OF THE STATE. [Title 16. this section for one day in each or either of the months of January, February, or Mlarch. 1S82. SEC. 19. No person shall take any fish from the Black pond, in Wood1873. 1874. In Black or stock, or from the Woodstock ponds, or Little river, in said town, from the pond or Little Perry bridge to the dam of the Harris Twine and Warp Company, except by a hook and line; nor from the fifteenth day of June to the first day of November in each year, except on Saturdays from noon until nine o'clock in the evening; or shall, except in like manner, take any fish from either of said ponds, or said river, from the first day of November to the fifteenth day of June, except on the second Saturdays of December, January, and February, and from eight o'clock in the forenoon until five o'clock in the In M[arlborough afternoon; or shall take any fish through t'e ice on Marlborough pond, in and East lHamp- Marlborough, or East Hampton pond except on the last Thursday of each ton ponds. month. 1S74. SEC.. 20. Every person who shall take or attempt to take any fish otherver. wise than with baited hook or artificial fly, in Farm river or Stony river, in New Haven county, or in the bay into which it flows, northerly of a line drawn due west from the extreme southerly point of Darrows Island, exposed at low tide, and westerly of a line drawn due north from the easterly point of said island, so exposed at low tide, and the high water line on the opposite Branford shore, shall be fined not less than seven, nor more than one hundred dollars, or imprisoned not less than thirty, nor more than ninety days, or both; but this section shall not be in force until ten days after a written notice to that effect from the Fish Commissioners shall have been posted on the sign-post in East Haven and published five days successively in a daily newspaper printed in New Haven; and they may in writinc, signed by each of them, license any person who shall give guaranties satisfactory to them to obey all laws relating to fisheries, to fish with nets or seines in said waters, and the prohibitions in this section shall not apply to persons so licensed, and complying with the provisions of said license. Forfeiture to SEC. 21. Every person, except the members of the Waltonian Club of the Waltonian Club. New Haven, who shall fish in any portion of said Farm river, or of its tributaries, the right of fishing wherein shall be owned, leased, or lawfully occupied by said Club, and except the riparian proprietors in the stream opposito to their said lands respectively, or who shall, for the purpose of fishing, enter upon lands of any other person adjacent to the portion of said stream or its tributaries, the right of fishing wherein shall be owned, leased, or lawfully occupied by said Club, shall pay to said Club one hundred and one dollars, and be fined not less than seven dollars nor more than fifty dollars, or imprisoned not less than ten days nor more than sixty dclays, or both. IIatching and SEC. 22. Any person unlawfully taking any fish from any hatching-house, breeding places cf saidChlubpro- or pond, stream, or spring used by said Club for the special purpose of toctetd. breecding fish, or keeping fish used for the purpose of breeding fish, shall be fined not exceeding seventy dollars, or imprisoned not less than twenty days nor more than sixty days, or both. Arrest of per- SEC. 23. All sheriffs, deputy sheriffs, constables and fish wardens, within ions trespass- their respective districts, shall arrest, without warrant, all persons violating any of the provisions of the two preceding sections, and bring them immediately before proper authority: provided they be taken and apprehended in the act, or on present information of others. Chap. 4.] FISHERIES. 227 SEC. 24. Half of all fines inflicted by reason of any violation of the three Disposition of fines. preceding sections shall be paid to the person giving information of the offence, and half to the town in which the same shall be prosecuted. SEC. 25. Every person who shall, prior to the first day of August, 1877, Atill river. take from Mill river or Samp Mortar stream, or any of its tributaries in stream, or Far Mlill river. Fairfield, Easton, Monroe, or Trumbull, or Far Mill river in Stratford and Huntington, any trout or salmon, shall be fined fifty dollars, or imprisoned thirty days or both. PART III. General Provisions. SECTION SECTION 1. Poisoning fish, how punished. 8. Taking black bass in June forbidden. 2. Using explosive material to kill fish. 9. The person using any forfeited net, &c., 3. Placing deleterious substances in waters to be deemed the owner: appeals on where there are fish. proceedings for forfeiture. 4. Taking fish from, or injuring, breeding 10. Writs of error firom such judglments. poinds. 11. Fish Commissioners' may take fish at any 5. Protection of salmon. time or place. 6. Trout fishingo regulated. 12. General penalty. 7. Taking plickerel, black bass, or muskalonge regulated. SEC. 1. Every person who shall place any deleterious or poisonous sub- 1S62. Poisonin_- fish, stance in any waters, for the purpose of taking or destroying fish, shall be how punishled. fined not more than one hundred dollars, or imprisoned not more than one ryear, or both. SEC. 2. Every person who shall use or assist in using any explosive sub- 18si0. Takin' fish bv stance for the purpose of taking, or destroying fish in any waters, shall be use of'explosive fined not more than fifty dollars, or imprisoned not more than three months, or both. SEC. 3. Every person who shall knowingly permit any substance, dele- ls(88. 1872. Placing' deleteterious to fish, to flow or drain into, or be placed in any waters, having riotis tsttnsanfish therein, shall, for each day, during which he shall so permit the same, where there are fish. forfeit not exceeding one hundred dollars to any informer. SEC. 4. Every person, who shall maliciously take or carry away any Tkin'Gish fish from any private pond, stream, preserve, or any other place made, or from, or injuring breeding used for the purpose of breeding or growing fish therein, or shall do any ponds. act thereto by which the fish are lost or escape from the same, shall be fined not exceeding one hundred dollars or imprisoned not exceeding six months, or both. SEC. 5. Every person who shall take any salmon or grilse, or any of the 1S74. Protection of young fry thereof, prior to the first day of May, 1880, shall be fined not less salmon. than fifty, nor more than five hundred dollars, or imprisoned not less than two, nor more than six months, or both; unless he take such fish unintentionally, and immediately restore it to the waters from which it was taken. SEC. 6. No person shall catch any trout except with a hook and line, Trout fishing regulated. nor sell, expose for sale, purchase, catch, or have any trout in his possession except in April, May, June, July, and August; provided that any person may take trout in waters owned by him for the purpose of stocking other waters, or take and sell, during September, any trout reared in such waters. SEC. 7. No person shall catch or take any pickerel, pike, black bass, or Fishing for pike, black muskalonge, except with a hook and line, or troll. bass, &c., regu lated. 228 INTERNAL POLICE OF THE STATE. [Title 1G. Taki84 black SEC. 8. Any person who shall take any black bass in June, shall forfeit bass ill June twenty-five dollars, half to the person who shall prosecute the same, and half to the town in which the offender shall -be convicted. 1824. SEC. 9. The person using any net, seine, boat, or other fishing apparaThe person using any net, tus, contrary to any provision of this Chapter, may be considered the owner &c., to be deemed the owner. thereof, in any complaint commenced to procure its condemnation or for1869. 1873. feiture, when the owner is unknown to the informer or prosecutor; and an Appeal fronm judgment of appeal may be allowed, in favor of any party aggrieved, from any judgforfeiture. ment rendered by one or two justices of the peace, upon any such complaint or proceeding, to the next term of the Court of Common Pleas in the county in which judgment is rendered, or if there is no such court, to the next term of the Superior Court in the same county, provided the party appealing shall give sufficient bond with surety for costs to the adverse party; and the appellate court may proceed in the disposition of' said cause in the same manner as in any civil action, and may render the same judgment, and make the same orders respecting the property as such justice or justices of the peace might.lawfully have done.' 18.69. SEC. 10. Writs of error may be brought from any such judgments of Writs of error from such justices of the peace to the Superior Court in the same county. judgments. rish Commis- SEC. 11. Nothing in this Chapter shall prevent the Fish Commissioners, sioners may take fish at any or any person authorized by them, from taking fish at any time and place, time or place. and as they choose, for the purposes of science and of cultivation and dissemination. General pen- SEC. 12. Every person violating any section of this Chapter, for which alty. no other forfeiture or punishment has been otherwise provided, shall forfeit for each offence not less than ten nor more than fifty dollars, half to any informer and half to the town in which the offence is committed. CHAPTER V. Gaming and WVagers. SECTION SECTION 1. Gaming contracts to be void. 3. Or by common informer. 2. Money lost at gaming may be recovered 4. Search warrant for billiard or E. O. by loser. table. 1797. SEC. 1. All wagers, and all contracts and securities whereof the whole Gaming contracts to be or any part of the consideration shall be money or other valuable thing void. won, laid, or betted at any game, horse-race, sport, or pastime, and all contracts to repay any money knowingly lent at the time and place of such game, race, sport, or pastime, to any person so gaming, betting or wagering, or to repay any money lent to any person who shall at such time and place so play, bet or wager, shall be utterly void.* Money lost at SEC. 2. Any person who shall, by playing at any game, or betting on gramlre may be the sides orhands of such as play at any game, lose the sum or value of by the loser. * The Constitution requires this right of appeal. 37 Conn., 323. 1' A negotiable check given by the stake-holder to the winner for the amount betted is void in the hands of an innocent holder for value. 36 Conn., 463. Chap. 6.] PRESERVATION OF GIME. 229 one dollar in the whole, and pay or deliver the same, or any part thereof, may, within three months next following, recover from the winner the money, or the value of the goods, so lost and paid or delivered, with costs of suit, by an action of debt, without setting forth the special matter in his declaration; and if the defendant shall refuse to testify, if called upon Refusal to testify. in such action, relative to the discovery of the property so won, he shall be defaulted; but no evidence so given by him shall be offered against him in any criminal prosecution.* SEC. 3. If the party losing such money, or other thing, shall not, within ROleovery by colilmon insaid time sue for the same, and prosecute to effect, any other person may former. recover treble its value of such winner or winners, with costs, half for his own use, half for the use of the county wherein the offence shall be committed. SEC. 4. When any informing officer, or the selectmen shall give in- 1805. 1867. formation to any two justices of the peace that he or they have cause to for billiard suspect that any billiard table, used for the purpose of gaming, or E. O. table is kept in any specified place in their town, such justices of the peace may issue their warrant directed to any proper officer, or, if necessary, to an indifferent person, requiring him to enter such place and to search for such table, and on finding the same, to seize and carry it away, and to make return of his doings; and, in case any such table shall be seized by virtue of such warrant, may order such officer or indifferent person to destroy it, Tao bdesteized or may cause it to be destroyed. CHAPTER VI. Preservation of Game. SECTION SECTION 1. Shooting season for woodcock, quail, and 5. Killing or trapping other small birds. partridge. 6. Criminal prosecution. 2. Trapping such game prohibited. 7. Trespass in unlawful hunting. 3. Forfeitures. 8. Taking birds in order to domesticate them. 4. Killing or trapping singing birds. 9. Protection of water-fowl. SEC. 1. No person shall wilfully take or kill any woodcock, except in 1874. Shootina' season July, October, November, and December, nor any quail or partridge, except for woodcock, quail, and partin October, November, and December; and no person shall wilfullytake or ridge. destroy the nests or eggs of any of said birds. SEC. 2. No person shall, except on his own land, or on the land of Trapping such gaLnC p)roanother with the consent of its owner, take or kill by traps, snares, nets or hibited. similar devices, any woodcock, partridge, or quail. SEC. 3. Every person who shall take or kill any bird, contrary to the Forfeitures. provisions of the two preceding sections, shall pay twenty-five dollars for each bird so taken or killed, to him who shall sue therefor; and every person who shall sell, expose for sale, purchase, or have in his possession any such bird so unlawfully taken, shall pay ten dollars, for each such bird, to him who shall sue therefor. SEC. 4. Every person, who shall kill, cage, or trap, any nightingale, s181. blue-bird, Baltimore oriole, finch, thrush, lark, sparrow, cat-bird, wren, pling sging birds. * Money -waged is recoverable by depositor from stake-holder. 15 Conn., 28. 230 INTERNAL POLICE OF THE STATE. [Title 16. martin, swallow, or any bird of the species of woodpecker, or who shall kill, cage, or trap, any bob-o-link or rice-bird, or robin, between the first days of February and September, in any year, shall forfeit one dollar for each bird so killed, caged, or trapped, to him who shall sue therefor. 1850. SEC. 5. No person shall wilfully shoot, destroy, or capture, upon lands Killing or taking other not owned, or occupied by himself, any robin, night or musquito hawk, sall brs. whip-poor-will, cuckoo, king-bird, wake-up or high-hole, long-tailed thrush or brown thrasher, mourning dove, meadow lark or marsh quail, fire-bird or summer red-bird, hanging-bird, spider-bird or wax-bird, ground-robin, chewheat, bob-o-link or rice-bird, yellow-bird, black-bird, humming-bird, rose-breasted grosbeak, or phebe, nor shall any person wilfully destroy the nests or eggs of any of said birds. 15549;. 15. SEC. 6. Every person, who shall violate any provision of the five precedCriminal prosecution. ing sections, may be fined not over five dollars, or imprisoned in a common jail, not exceeding ten days, or both. 1861. SEc. 7. Every person, who shall enter upon the lands or premises of Trespass in unlawful hunting. another, with fire-arms or other implements, for the purpose of hunting contrary to the provisions of any of the preceding sections, without the consent of the owner or occupant of said lands or premises, shall forfeit to such owner or occupant, ten dollars, in addition to the other forfeitures hereinbefore provided.* Taking birlds in SEC. 8. Nothing in this Chapter shall prevent any person from taking order to domesticate them. alive, and keeping any species of game, or bird, herein before mentioned, for the purposes of domestication or propagation, if it be done without committing a trespass upon the land of another. 1872. SEC. 9. Every person who shall kill, keep when killed, or expose for Protection of water-fowl. sale, any wild duck, goose, or brant, in May, June, July, or August; or who shall kill, or attempt to kill or take any such fowl with any other gun than such an one as is commonly raised at arm's length and fired from the shoulder; or who shall shoot at any such bird or other wild fowl from any vessel propelled by steam or sails, or from any boat or other structure attached thereto, shall be fined seven dollars. CH-APTER VII. Highways, Turnpikes, Eridges tand Ferries. Part I. Construction, fMaintenance and Use. Part II. Turnpilkes. Part IH. Toll and Draw-bridges. Part IV. Ferries. Part V. Penalties. PART I. Construction, Maintenance and Use. SECTION SECTION 1. Highways and bridges, how made and re- 6. Laying out highways across railroads. paired. 7. Expense of maintaining bridge at railroad 2. Bridges between towns. crossing. 3. Draws, when and how built. S. Height of railroad bridgres. 4. Proceedings to compel towns to build or 9. Railings to be erectedonroads andbridges. maintain bridges. 10. Liability for defective higlhways or 5. Bridges between this and an adjoining bridges. State. 11. State's Attorney to complain, when. * If after such an entry, by leave of the owner, the license is revoked, continuing upon the land for the purpose of hunting is not a new entry within this statute. 32 Conn., 342. Chap. 7.] HIGHWAYS, TURNPImKES, BRIDGES AND FI RRIES. 231 SECTION SECTION 12. Highway districts and taxes. 33. Assessment of damages and benefits by 13. Repairs of highways in boroughs. lay out of town higlhvays. 14. Money received from towns by lorour hs for 34. Persons interested may remonstrate. highway purpose, how expended. 35. Discontinuance of ways by selectmen. 15. No town bound to ilmake such payment with- 36. Proceedings to alter a highway taken by a out its consent. railroad company. 16. Draining high-vways upon private property. 37. When and how Superior Court may lay 17. Chained wheels to be drawn oin a shoe. out and alter highnways. 1S. Flowing highway by mill dam. 38. Assessments on laying out or change of 19. Gates and bars on private way. highway by Superior Court. 210. How drivers of vehicles are to pass each 39. Persons interested may remonstrate, and other. re-assessment how made. 21. Who responsible for damages in passing. 40. Jurors may be challenged. 22. IIow to pass teams. 41. Court may set re-assesslent aside. 23. Railroad freight trains not to obstruct 42. Costs for application of jury, how defrayed. travel. 43. Proceedings on acceptance of committce's 24. Selectmen may permit trees to be set out report. on highwlays. 44. Assessment for benefits not to exceed dam25. Penalty for injury to such trees, or posts ages. or stakes set to protect them. 45. Towvns how compelled to make roads, 25. Bounty for erecting public watering when ordered by court. trolghs. 46. Lay out of private ways by Superior Court. 27. Towns to erect guide posts. 47. Parties interested in the laying out of a 2S. I-ighways and private ways to be laid out new highway may execute bond, &c. by selectmen. 48. Who may sue on bond. 29. Persons aggrieved may appeal. 49. Labor on road built after such a bond is 30. How cities and boroughs may lay out given, to be paid for, when. highways. 50. Discontinuance of highways by Superior 31. Damages from changing grade of high- Court. ways. 51. Notice of application for discontinuance of 32. Assessment of benefits by lay out of high- highways, how served. ways in cities and boroughs. 52. Assessment for highways discontinued before opened, void. SEC. 1. Towns shall, within their respective limits, build and repair all 1;659. 1867. Ello-hways anid necessary highways and bridges, and all highways to ferries as far as thae bridtges, how made and relow water marlk of the waters over which the ferries pass, except where paired. such duty belongs to some particular person.* SEC. 2. Necessary bridges between towns shall be built and kept in re- s784. Bridges bepair at their equal expense, unless they otherwise agree. tween towns. SEC. 3. No bridge, without a draw, shall be built or maintained across lss. any water, navigated by open deck vessels for business purposes, whose and how built. passage would be impeded thereby; and if any such bridge is so maintained, or its construction commenced, the Superior Court as a court of equity, or any judge thereof, in vacation, upon the petition of any party aggrieved, may enjoin the maintenance or construction of said bridge, and may order its removal at the expense of the respondent, and that a suitable bridge be built, and establish the width of the draw therein. SEC. 4. When any town shall neglect to construct or repair a bridge V6i1. sd3s. Proceedings to across a river in a highway in such town, or when it shall be necessary to compeltowns to build or mainconstruct or repair any such bridge between towns or counties, and the tain bridges. towns liable therefor shall neglect, or shall not agree, to construct or repair it, the Superior Court of the county in which either town is situated, on complaint of any person, and legal notice given to the town liable for such construction or repairs, shall inquire by itself, or committee, into the public necessity and convenience thereof; and if no sufficient reason be shown to * As to power of highway surveyors. 36 Conn., 165. See 3S Conn., 50. When towns are liable to support bridges on turnpike roads. 4 Day, 19S; 1 Conn., 1. Towns liable to repair highways by dedication. 29 Conn., 157; 31 Conn., 308. When liable for work on highways. 25 Conn., S6. The herbage on a highway belongs to the owner of the land. 28 Conn., 165. Towns not liable to repair highways adopted by turnpike companies. 27 Conn., 4S. City of Hartford liable for defective sidewalks. 30 Conn.,118. See as to liability, where obstacle is visible. 33 Conn., 57. 232 INTERXNAL POLICE OF THE STATE, [Title 16. the contrary, and such town or towns do not undertake to construct or repair such bridge within such time as the court shall direct, it may appoint some suitable person to do the same; and the expense thereof, being allowed by said court, shall be paid by such town or towns.* l~1861. l SEC. 5. WVhen any public bridge, between this and another State, of pubBridges between this and lic convenience and necessity, not owned by any corporation and built before an adjoiling State. the fourth day of July, 1861, shall be defective or out of repair, the town, in which any part of it is, shall maintain and keep such part in repair, provided the authorities of the adjoining State shall maintain and keep in repair that part of such bridge therein; and the provisions of the preceding section shall apply to any neglect to comply with the provisions of this section. 18-0. SEC. 6. No highway shall be laid out or constructed across and upon a Laying out higr-hw0ays level with any railroad, unless the Railroad Commissioners, upon written across railroads. application of the party proposing to lay out or construct such highway, and after giving to said party, and to the company whose railroad it is so proposed to cross, reasonable notice in writing of the time and place when and where they may be heard thereon, allow said crossing; and if they, upon such hearing, shall disallow it, they shall further determine whether said highway shall cross over or under said railroad; and half of the expense of said crossing shall be borne by said railroad company, which, upon the completion of said highway and crossing, shall pay the same to the party entitled thereto. Expense of SEC. 7. If said highway shall cross over said railroad, the structure malotaining lridce at rail- necessary therefor shall be maintained and kept in repair by the party r'oad crossing. bound to maintain said highway; but if it shall cross under said railroad, such structure shall be maintained and kept in repair by said company. ls't. SEc. 8. The bottom timbers of all bridges, hereafter constructed over any Height of railroac bridges. railroad track, shall not be less than eighteen feet above the rails, unless the Railroad Commissioners require a less height and prescribe the same in writing. 1S01. SEc. 9. The party bound to maintain any bridge or road shall erect and ereiltd onroabeds maintain a sufficient railing or fence on the side of such bridge, and of and bridges. such parts of such road as are so made or raised above the adjoining ground as to be unsafe for travel; and whoever shall suffer damage in his person or property, by reason of the want of any such railing or fence, may recover damages from such party.t Liabili72for de- SEC. 10. Any person, injured in person or property, by means of a fective hich- defective road or bridge, may recover damages from the party bound to ways or bridges. keep it in repair;: but no action for any such injury, received subsequent to the seventh day of July, 1874, shall be maintained against any town, city or borough, unless written notice of such injury, and of the 1S74. time and place of its occurrence, shall, within sixty days thereafter, be given to a selectman of such town, or to the clerk of such city or borough; and when the injury is caused by a structure legally placed on such road by a railroad company, it, and not the party bound to keep the 1869. road in repair, shall be liable therefor.~ * The State's Attorney, as such, cannot make complaint. 9 Conn., 32. t Town liable for injury occasioned by want of railing. 36 Conn., 320. Gross negligence to leave bridge and approaches to it unprotected by a railing. 37 Conn., 199. + This law appears in 1672 in the first printed edition of the statutes under the Title "Bridges." ~When towns are liable to damages for injuries occasioned by defective bridges. 1 Root, 270, 448; 2 Root, 436. Must give notice by barriers. 36 Conn., 320. Wvhen turnpilde companies are Chap. 7.] HIGIIWAYS, TURNPIKES, BRIDGES AND FERRIES. 233 SEC. 11. When any town shall neglect, after reasonable notice in wri- State17lir ting, given by the State's Attorney of the county in which such town to complailn, is, to keep in good and sufficient repair any public road or bridges, which it is bound to maintain, the Superior Court in such county upon his com'plaint, which he shall make when such neglect shall come to his knowledge, shall order the necessary repairs to be made, and grant a warrant against the selectmen of such town to collect the expense thereof. SEC. 12. Any town may establish highway districts, and lay highway 17154. 1845. Hiighway dis. taxes and appoint collectors thereof; and may include in its town tax a tricts aid taxes. sum sufficient to build and repair the highways and bridges therein. SEC. 13. Any town, having a borough within its limits, shall pay to 1epai70 of hi.h such borough such part of the moneys collected or appropriated by such ways in bortown for the repairs of highways, as shall be agreed upon between the selectmen of such town and an equal number of the burgesses of said borough, and, in the event of their disagreement, by the casting vote of the County Commissioner of the county in which said town is, residing nearest to, but not in, said town; and on making such payment, such town shall not thereafter be liable to repair any highway' in said borough, nor for any damages which may occur to any person or his property by reason of any defective highway in said borough, which shall be liable therefor as towns are now liable; but said town shall continue to be liable to make and repair all bridges in said borough.* SEC. 14. All moneys received by any borough for such purpose shall be Money received by boroughs for expended under the direction of its warden and burgesses, who may make hig'hway pur)po0es from and repair highways therein, and make and cause to be executed all proper town,~s, how expended. orders relating thereto; and may, from time to time, appoint a committee who shall superintend and direct the making, maintenance, and repairs of highways in said borough, and execute the orders of said warden and burgesses respecting the same; and said borough shall pay said committee such compensation as said warden and burgesses shall from time to time determine. SEC. 15. The two preceding sections shall not take effect in any town No town bound until they shall have been approved by it; and a certified copy of the pay)ent, witIh - warning of the meeting, approving the same, and of the vote of approval, o0 t i's Cosellt. shall within ten days thereafter be filed with the Secretary. SEc. 16. Persons authorized to repair highways may make or clear any 1i31. Draining' h ihwater-course, or place for draining off the water therefrom, into or through way4 uttn i;Beiany person's land, so far as necessary to drain off such water. vate lolperty. SEC. 17. Every owner of a vehicle drawn on a highway, with a chained 1831. wheel not on a shoe at least six inches wide, shall forfeit five dollars to the Chaibedwhetls party bound to repair such road. a shoe. liable for defective road. 7 Conn., 86. Liability of towns to repair bridges of a turnpike company after its charter is repealed, the turnpike road having been laid over an old highwayr. 18 Conn., 31. Towns are not liable for consequential damage. 17 Conn., 475. An obstruction to public travel placed on or near a highway is a defect. 34 Conn., 136; and not necessary that it should be across the traveled path. 35 Conn., 314. Whether road is defective is a question of fact and not of law. 37 Conn., 414. As to presumption of knowledge of defect by the authorities, see 39 Conn., 222. Objects on a highway calculated to frighten horses a defect. 39 Conn., 376. Towns should remove objects that frighten horses. 30 Conn., 35. Neglect to use reasonable precaution to prevent passing over a discontinued highway, which is impassable, is a defect. 37 Conn., 298. Liability of cities for negligence. 314 Conn., 1, 136. Traveler may recover for defect, though an accident on his part, not attributable to his negligence, has contributed to the injury. 40 Conn., 23S. Liability of towns for defects in streets in boroughs under Act of lS70. 40 Conn., 205. Liability of cities for defective sidewalks. 30 Conn., 12: Id. 543: 37 Conn., 618S 40 Conn., 406; Id. 456. * As to liability of towns for defective highways under this section, see 40 Conn., 205. 234 INTERNAL POLICE OF TIHE STATE. [Title 16. 1838. SEC. 18. WShen any highway is overflowed by reason of a dam erected Flow11ing' lhighway byiniii for milling or manufacturing purposes; or when any person intends to erect such a dam, he may prefer his petition in equity, against the party liable to maintain such highway, for permission to continue or erect such dam, to the Superior Court for the county in which such highway is, which may grant him such permission, on his paying such party such damages as it may adjudge, or on his complying with such other terms as it may order; and on his paying such damages, or on his giving bond with surety, to the satisfaction of said court, that he will comply with such terms, the flowing of said highway by means of such dam shall not be deemed a common nuisance. 1S22. S55s. SEC. 19. The Superior Court, in any county, and the selectmen of any Gates and bars on private ways. town may authorize gates and bars to be erected and kept up on any private way, which has been laid out by any court in such county, or by such selectmen, respectively, in such manner as the Superior Court or selectmen may respectively direct. And the several towns may order part of the money raised by taxes, for making and repairing highways, to be laid out in making and repairing private ways, in the manner provided in case of highways. 1,97. SEC. 20. When the drivers of any vehicles for the conveyance of perHow drivers of vehicles are to sons shall meet each other in the public highway, each shall turn to the pass each other. right and slacken his pace so as to give half the traveled path, if practicable, and a fair and equal opportunity to pass, to the other; and any driver, who shall violate this section, shall forfeit fifteen dollars to the town in which such violation occurs, and pay to the injured party his damages. Who responsi- SEC. 21. Every driver of any such vehicle, who shall, by neglecting to ble for danliaes in passing. e conform to the preceding section, drive against another vehicle and injure its owner or any person in it, or shall negligently drive against and injure any person, or shall drive against any. vehicle traveling the same course and injure any person or the horses, shall pay to the party injured treble damages and costs, and shall, if the injury is done designedly, forfeit to the State not more than one hundred dollars; and the owner of such vehicle shall, if the driver is unable to do so, pay the damages provided in this and the preceding section, to be recovered by writ of scire fcacias. How to pass SEC. 22. When any such vehicle shall have occasion to pass a team on tealmls. the highway, the teamster shall, if necessary and practicable, turn his team so far on one side thereof, as to give such vehicle an opportunity to pass it; and any teamster, violating this section, shall forfeit seven dollars, half to him who shall prosecute, and half to the town in which the offence is committed. irsw. SEC. 23. When it shall be necessary for ally freight train on any railRailroad freillht trains not to b- road to remain at any station, in such a position as to obstruct the ordinary struct travel. travel on any highway for more than five minutes, the person having charge of such train shall cause it to be so separated as to accommodate the public travel; and any railroad company, in whose employment any person shall be who shall violate this section, shall forfeit not more than ten dollars to any person who shall sue therefor. 1847. ISu1. SEC. 24. Any person or association may, with the written permission Selectmen may ermit trees to of the selectmen of the town in which a highway is situated, recorded in be set out in highways. the land records of such town, set out and protect trees in such highway, by suitable posts and stakes, when said selectmen shall judge that said' trees will not interfere with the public travel, or injure the owner of land adjoining such highway; and no such tree, post, or stake shall be removed, Chap. 7.] mIGH-WAYS, TURNPIKES, BRIDGES AND FERRIES. 235 except by written order of such selectmen, when necessary for the purpose of repairing or grading such highway, or making it convenient for public travel; but this section shall not affect the power of the authorities of any city or borough to adopt regulations regarding such trees therein. SEC. 25. Every person, who shall, without the written permission or Penalty for injury to such trees, order of the owner thereof, or of the selectmen of such town, except in or posts or stakes, set to front of his own dwelling house or its inclosure, injure or remove any protect them. such tree, post or stake, shall forfeit not more than fifty dollars, half to him who shall sue therefor, and half to such town, and shall pay to such owner treble damages. SEC. 26. Every person who has constructed, or shall construct on any 18s2. Bounty for highway, a trough or tub, with the approval of the selectmen of the town erecting public watering in which such highway is, and supply such trough or tub with pure run- troughs7 ning water, and keep it in good condition and convenient for watering animals, shall receive from such town three dollars, annually, on the first day of October, for each year such tub or trough shall be so kept and maintained by him. SEC. 27. The selectmen of every town shall erect and maintain a guide 1865. post, at every necessary or convenient place, for the direction of travelers, guide posts. which shall be a substantial post, not less than eight feet high, near the upper end of which shall be placed a board or boards, upon which shall be plainly marked the name of the next town or place, and such other town or place of note as the selectmen think proper, to which each road leads, the number of miles to the same, and the figure of a hand, with the forefinger thereof pointing towards such towns or places. SEC. 28. The selectmen of each town may lay out necessary high- ls13. ls56. Hi'hways and ways or private ways therein; not being within a city, first giving reasonable private ways to I'~~~~~~~~~ ~~~~be laid by out notice in writing to the owners of the land through which the same are to by selectmen. be laid out, or leaving a copy thereof at their place of abode, if in this State, to be present at the laying out of such ways; and the damage done to such owners by such laying out shall be paid by the persons applying for such ways, if the same be for their private use only; but if such ways be for pub. lic use it shall be paid by the town; and a written survey, signed by the selectmen, particularly describing such way, being accepted by the town and recorded in its land records, and satisfaction being made to the persons injured, or the money deposited in the town treasury for their use, according to the agreement or estimate, made as hereinafter provided, such way shall be and remain for the use for which it was laid out; but no highway or private way, laid out by the selectmen over the land of any person who shall declare himself aggrieved by laying out the same, shall be opened or occupied within twelve months after the acceptance of such survey.* * Whether notice to be present at laying out of highway need be given to land owners residing out of this State; if necessary. notice by mail is sufficient. 12 Conn., 464. This statute does not change the common law regarding ways of necessity. 15 Conn., 39. An agreement, b1y parties who have a peculiar and local interest in the laying out of a contemplated highway, to defray the expense of such layinc-out, is not void as being opposed to the policy of the law. 20 Coln., 1. Iighways may be established by dedication, accompanied by an acceptance on the part of the public. 19 Coln., 250; 35 Conn., 314. There must be an intention to dedicate and an acceptance. 39 Conn., 509: see 40 Conn., 13. Dedication without such acceptance will not establish highway; such acceptance is usually, if not always, proved by public use and enjoyment. 19 Conn., 154. Presumptions as to dedication. 37 Conn., 392. Various points in relation to the laying out of private ways. 15 CoaL., 83. Various points in relation to ancient highwNvays. 3 Conn., 90; 5 Conn.. 305. Proprietors of land adjoining highway have, prime facie, a fee in such hiighway to the centre thereof, subject only to the public easement. 1 Conn., 103; 11 Conn., 60; 13 Conn., 23. But where highway is laid out 236 INTERNAL POLICE OF THE STATE. [Title 16. 18,52. 1856. SEC. 29. Any person. aggrieved by the doings of the selectmen in layPersons a' — rlievedlmaiy ing out a highway or private way, may, within eight months after the appeal. survey thereof is accepted by the town, apply to the Superior Court in the county in which such town is for relief, causing such selectmen to be cited, to show cause, why such relief should not be granted; and said application shall be heard and determined by a committee appointed in the manner prescribed in the thirty-seventh section of this Part; and if said committee shall find that said highway is not of common convenience and necessity, or that said private way is not of private convenience and necessity, said court shall set aside such laying out thereof; but if they shall find that such highway is of common convenience and necessity, or that said private way is of private convenience and necessity, the application shall be dismissed with costs; and said committee may confirm change, or set aside the lay-out of a private way; but their report may be set aside in the same manner as one made by a committee appointed under the thirtyseventh section. 1866. SEC. 30. In cities and boroughs, whose charters do not authorize them to How cities and boroughs may lay out, alter, grade and discontinue highways within their limits, the Court lay out highways. of Common Council of cities and the warden and burgesses of boroughs may exercise such power, in the same manner as selectmen of towns. 1874. SEC. 31. When any owner of land adjoining a highway, or of any Dama-es from changing grade interest in such land, shall sustain damage to his said property, by reason of ot1 high ays. any change of the grade of such highway by the town, city or borough in which such highway may be situated, such town, city or borough shall be liable to pay to him the amount of such damage, to be ascertained in the manner provided for ascertaining damages done by laying out or altering highways therein. S186. SEC. 32. The proper authorities of any city or borough, unless otherwise Assessment of benefits by lay- provided in its charter, may assess, or cause to be assessed, the benefits accruout of hiihways in cties ing to alny person by the lay-out, grading, or any alteration of any highway or boroiughis. t a rs o a therein, upon giving written notice to the parties to be benefited of the time and place of meeting therefor; and order such benefits to be paid by the parties assessed, respectively, to the. city or borough, as the case may be, within such time as they shall appoint; and they may be collected in the same manner as town taxes are collected. 1868. SEC. 33. If the selectmen of any town, and any person interested in the Assessment of damages and lay-out, opening, grading or alteration of any highway or private way therein, o yt of to-wn cannot agree as to the damages sustained by, or the benefits accruing to, such highway. person thereby, the selectmen shall apply to any judge of the Superior Court, who, having caused reasonable notice to be give to be given to the parties interested, shall appoint a committee of three disinterested electors, to estimate and assess to each person injured or benefited the damages sustained by, or the benefits accruing to him by such lay-out, opening, or alteration of such way; and such committee having thereupon given at least three days' notice to the owner or owners of the land, personally, or by leaving written notice at their respective places of abode, if residents of this State, or, if non-residents, by like notice to the person having charge of the land, of the time and wholly upon land of one proprietor, the fee is wholly in him. 5 Conn., 305. One who owns the fee may have exclusive possession and seisin of the soil of highway, subject to the public easement, and may be dispossessed thereof, sublject to such easement, and has the same legal remedies to prevent encroachments and defend his rights against the adverse occupancy of another, as owners of land not subject to any easement. 19 Conn., 182. The term "lay-out" includes initiatory act of selectmen and consummating act of town. 19 Conn., 597. See notes to sections 35 and 37 of this Part. Chap. 7. ] HIGHWAYS, TURNPIKES, BRIDGES AND FEIRIES. 237 place of their meeting, shall under oath make such estimate and assessment, and report their doings to the Superior Court, next to be holden in the county in which the land is situated. SEc. 34. Any person interested in such estimate or assessment may ap- isMi. Persons inpear before said court, and remonstrate against the acceptance of said report terested may re. for any irregularity or improper conduct; and thereupon the same proceed- rate. ings shall be had by said court in accepting or rejecting said report, and in ordering a jury to re-assess the damages and benefits, or either, as provided in case of applications brought to said court against towns for the lay-out or alteration of hiighways; and said jury, and the court in acting upon the report of said jury, shall proceed as in case of such applications. SEC. 35. The selectmen of any town may, with its approbation, by a,1799. Discontintance writing signed by them, discontinue any highway, or private way therein, of Tays by seexcept when laid out by a court or the General Assembly; and any person aggrieved may be relieved by application to the Superior Court, to be made and proceeded with in the manner prescribed in the twenty-ninth section of this Part.* SEc. 36. The Superior Court of the county in which is any highway, or isa;. Proceedings to any portion thereof, taken by any other than a horse railroad company for'alter ahligllway railroad purposes, but not in a city, nor constructed since such railroad, may, t roakd company. upon the petition of any party interested, served upon said company as other civil process, appoint a committee of three to inquire whether such highway or portion thereof is unsafe for travel by reason of such railroad, or whether any alteration of such highway or the construction of a new highway is thereby rendered necessary for the public safety and convenience; and such committee shall hear said parties and report their opinion thereon to said court, which may make any proper order in the premises; and if it shall order any such alteration or construction, and said company shall refuse to comply with such order, said town shall alter or construct such highway and may recover the expense thereof from said company. SEc. 37. When the selectmen of any town shall refuse to lay out any is56. When and how necessary highway, or to make any necessary alterations in any existing Superior Court highway, any person may prefer an application therefor to the Superior altr liioutalnd Court of the county in which such town is, accompanied by a summons, signed by proper authority, to be served in the same manner as civil process on one of such selectmen, to appear and be heard thereon; and unless the parties shall agree as to the judgment to be rendered, such application shall be heard and decided by a committee of three disinterested persons to be appointed by the court.t: Where selectmen, iwith approbation of town, expressly discontinued highlway, as one laid out by their predecessors, and such discontinuance was, for more than twenty years. acquiesced in by the public, but there was no record of the layin7g out of such highway by the County Court or town. and no evidence of dedication. it was held that the jury would have a rioht, from these facts, to presume that the higzhway was laid out by such predecessors, and was one which selectmen could discontinue. 22 Conn., 107. ixon?lser of higrhway is evidence of abandonment. 5 Conn., 1303; 7 Conn., 125; and see 2 Root. 288. When selectmen may not discontinue hi-ghway. 30 Conn., 2Sf. Petition for a higlhway, how addressed. 11 Coln., 3S3. Necessary allegations. 4 Day, 407: 1 Coln., 279; 8 Conn., 1162; Id., 243: 9 Conn., 252: 11 Conn., 576' 13 Conn., 170: 17 Conn., 197. IIiThway rullmin from one county into another may be laid out by t he Superior Court in either county. 139 Conn., 231. Petition, if denied, a bar to one afterwards brourght by other parties for same highway. 35 Conn., 32. Citation may be against the town. 11 Coln., 571. Mtay be served on selectmen. 12 Colon., 85. Service on one sufficient. 25 Conn., 597. The town is the party. 30 Conn., 35. Persons interested. 27 Conn., 414. Assent to the appointment of a tax payer as committee, a waiver of disqualificatio n. 35 Coln., 32. Facts found by committee. 29 Conn.,4')0. This section authorizes the construction of a draw bridge. 38S Conn., 219. 18 238 INTERNAL POLICE OF TI-IE STATE. [Title 16. 1871. SEC. 38. If such committee shall find that such highway or alteration Assessments for lay-out or will be of common convenience and necessity, they shall survey and lay out clhaun!e of hiih- way by the Su- the same, and estimate the damages sustained by, or the special benefits perior Court. accruing, to each person by the lay-out of a new, or the alteration of an existing highway, and report in writing their doings to said court.* 177.3. SEC. 39. All persons interested in laying out or altering such highway 1856. 1871. Persons in- may appear before said court, and remonstrate against the acceptance of said teresteed may rernonstrate, and report, for any irregularity or improper conduct on the part of the committee re-assessment how made. and for that cause the court may set aside said report; but if it shall be of opinion that it ought to be accepted, and if before its acceptance a jury shall be moved for to re-estimate the damages and benefits or either, said court shall order a jury of six to be drawn from the boxes of such towns in the county where the application is made, as the court shall direct, and to be summoned and attended by the sheriff of said county, personally, or if he be interested, or incapacitated, by such deputy sheriff in the county, as the court shall direct; who shall be sworn, a certificate of which shall be annexed to their report; and whose powers shall be confined to granting relief to the person or persons making said application.t 1860. SEC. 40. The parties to this proceeding may challenge any of such Jurors may be n challenged. jurors as in a civil action; and when, by reason of any such challenge, the panel shall be reduced to less than six, the officer shall return such number of disinterested electors from any of the towns in the county, except that in which said highway is, or in which the owner of the land resides, as shall be necessary to fill said panel, who shall perform their duties in the manner prescribed in the preceding section; and such officer shall, within forty-eight hours thereafter, return the names of said persons so challenged into the boxes from which they were drawn.J 1871. SEC. 41. The court, to which the doings of said jury are returned, may Court may set re-acsessment set the same aside, if, upon exception taken, it shall appear to said court that said jury have been improperly summoned, or have conducted improperly; otherwise, such doings shall be conclusive; and if the court shall set aside the report of the jury, it shall order another jury to re-estimate such damages and benefits in manner aforesaid; and if such officer shall find, after he has drawn said jurors from the boxes, that any of them are disqualified, he shall release such as are disqualified, and return their names into the box whence they were drawn, and summon others, who are indifferent, to supply their places.~ C 1SO. SEC. 42. If the report of the jury, when accepted, shall not increase the Costs of application for jury damages allowed, or diminish the assessment of benefits, to the applicant by h:ow defrayed. thhow defraed tile committee, the court shall accept the report of the committee, and order * Survey must deflne highway with reasonable certainty.' Conn., 125. What reservation may be made. 1 Conn., 271. Qumestion of convenience and necessity belongs to committee. 19 Conn., 520. Aseessmcnt of benefits an exercise of taxing' power. 36 Conn., 255.' What is irregular conduct of committee. 27 Conn., 56t; 35 Conn., 32; 39 Conn., 265. Report to be accepted entire. 13 Conn., 132. Court cannot establish part and reject part of highway laid out enti-re by commnittee. 12 Conn., 88. After reversal of jud-ment of County Court establishing part of a highway laid out by committee, cause remanded to he proceeded with according to law, without any special direction in relation to ulterior proceedings. 12 Conn., 88. Laying out of highway across cove, when not void as establishing obstruction to navigation. 20 Conn., 218; 22 Conn., 17S. Assessment of damares must be for direct and immediate injury only, and confined to owners of land through which highway is laid out. 21 Conn., 313. Damaces and benefits, when equal, may be set off. 32 Conn., 45u. + Agreement to try case before five jurors a waiver of the statute. 36 Conn., 304. ~Doings of jury never conclusive, when they exceed their jurisdiction. 21 Conn., 313. Chap. 7.3] IIGHWAYS, TURNPIKES, BRIDGES AND FERRIES. 239 the applicant for the jury to pay the costs of the application; but if such jury, in the re-assessment of damages or benefits, shall increase such damages or diminish such assessment of benefits, the report of the conmmittee shall be accepted, and the damages so assessed shall be allowed, with the costs of the application, and paid by the town; and the amount assessed for benefits, less the amount of costs of the application, shall be paid to the town by the person upon whom they were assessed. SEc. 43. 7When the report of the committee is accepted, it shall be 17147 recorded, and said road shall be a public highway; and judgment shall Proceedings on acceptance of be rendered for the payment of the damages and benefits respectively cominittee's report. assessed by or to the defendant town, to be paid at such time as the court shall direct, and that the town pay the costs.* SEC. 44. The whole amount of benefits assessed for any particular lay- 1IS7. 1871. 1873. out or alteration, except in a city or borough, shall in no case exceed the Assessmentsfor benefits not to damages assessed therefor; and all assessments of benefits may be col- exceeddama (res. lected in the sarme manner as town taxes. SEC. 45. When any town shall neglect to construct or alter any highway 1839. Towns, how therein, when legally ordered so to do by the Superior Court, such court compelled to shall order it to be so constructed or altered, and grant a warrant, on the ordered by complaint of the State's Attorney, against said town, to collect the expense court. of its alteration or construction. SEc. 46. If the selectmen of any town, upon application made to them, 17a3. Lay-out of prishall neglect to lay out any necessary private way, the Superior Court shall vate ways by lay it out, proceeding as in applications for highways, except that the dam- Superior ages assessed in such proceedings shall be paid by the party applying for such private way. SEC. 47. AWhen an application shall be pending before the Superior s1867. Parties interCourt for the laying out or alteration of any highway, any person interested ested in the lay. in. out of nevi therein may execute a penal bond with surety, payable to the defendant hiw'hway may town or towns, conditioned that the obligors will, for a specified sum, make e te bond or alter such highway in a specified time and manner, or convey to said town or towns the right of way therefor; which bond shall be executed by persons owning real estate in fee simple, situated in this State, in value double the amount of the penal sum in such bond, and shall be binding upon the obligors therein to the full amount of such penal sum, as liquidated damages; and the committee may receive and hold it until they shall report their doings to said court, and regard it as evidence in determining the expense of constructing or altering such highway; and if they report favorably upon said application, shall deliver said bond to said town or towns, otherwise to the obligors therein named. Sxc. 48. In an action on such a bond payable to several towns, they Who may sue may join, and the court shall determine the amount to be paid to each. bond SEc. 49. AVhen any highway shall have been constructed in whole or in 18s4. Money for ]abor part under the provisions of the two preceding sections, no money for in such cases labor thereon shall be paid, unless with the approval of the selectmen of the not to be pand, town, or unless such road shall have been accepted by the County Commissioners of the county in which it lies; but this section shall not affect any suit upon any bond given prior to the seventh day of July, 1874. *Damages may be assessed to others than actual owners. 1 Conn., 2,79; contra, 21 Conn., 313. Damages become a debt against the town. 4 Conn., 182. 240 INTERNAL POLICE OF THE STATE. [Title 16. 1847. SEC. 50. The Superior Court, on the application of any person, may disDiscontinuance of hiiehway s by continue any highway in the county where it is holden, which cannot be disSuperior Court. continued by the selectmen; but all questions arising as to the convenience or necessity of such highway shall, unless the parties agree, be decided by a committee to be appointed by the court; and any person may appear and be heard in relation to such application, and may remonstrate against the acceptance of the report of the committee, for any irregularity or impropriety in the performance of its duty.* 1855. SEC. 51. All such applications shall be served as other civil process upon,{otice of application for the the towns in which such highway is; and the officer making said service discontinuance of highways, shall also place upon one or more of the sign-posts in said town a certified how served. copy of said application and citation, at least twelve days before the session of the court to which the same is returnable; and further notice shall be given, by publishing an advertisement in some newspaper, published in said county, describing such highway, at least three weeks before the session of said court. 1853. 1856. SEC. 52. When any highway, duly laid out, has been or shall be legally Assessment for highways dis- discontinued before being opened and worked, no action shall be brought to continued before opened, recover damages assessed therefor, but the owner of the lands over which it is laid out may recover of the town, city, or borough his actual damages from laying it out.t PART II. Turnpilkes. SECTION SECTION 1. Appointment of commissioners. 19. Clerks of companies to certify names of 2. When one commissioner may act for all. officers. 3. Povwers of commissioners. 20. What bridgres belong to turnpike com4. Gates to be opened, if road is left out of panies. repair. 21. Encroachments on turnpikes, how re5. Railings to be erected. moved. 6. Forfeiture of charter for neglect to repair. 22. Directors may change location of turnpike, 7. Commiissioners to report accounts of the when. company. 23. HIow turnpikes may be discontinued. 8. Penalty for neglect to settle accounts. 24. Towrns interested may remonstrate. 9. Comnpensation of conimissioners. 25. IIow turnpike may be transferred to towns. 10. Manner of continuing toll gates. 26. Duties of the trustee.'11. How the location of gates may be altered. 27. When claim of a creditor shall be a lien. 12. Charters of companies accepting two pre- 28. Court mnay remove trustee, &c. ceding sections liable to repeal. 29. Discontinuance of a turnpike in a city. 13. Wllen toll house may be located on the 30. Neglect to repair, cause for forfeiture of turnpike. charter. 14. Rates of tolls established. 31. Receivers may appoint gate keepers. 15. Exeimptions from toll. 32. When receivers may sue in their own name. 16. Exemption of farmers, and who to pay 33. Company not to sue while its turnpike is half toll. in the hands of a receiver. 17. Persons avoiding gates liable to pay toll. 34. Commissioners, on application of receiver, 18. Draining roads oin private property. may change location of gates. 1806. 1861. SEC. 1. The Senate shall annually appoint two or three commissioners Appointment of commissioners. on each turnpike, who shall before the fourth day of July, annually, careQuestion of convenience and necessity, once decided, will not be re-opened on subsequent petition, unless for new matter arisen since first decision. This question belongs to Commissioners (now committee); others to court. 21 Conn., 468. t See 39 Conn., 107. Chap. 7.] 1sIGHIWAYS, TURNPIKES, BRIDGES AND FERRIES. 241 fully inspect it; and any vacancy in the number of the commissioners may be filled by the Governor until the next session of the Senate; and the clerk of the Senate, or Executive Secretary, shall forthwith notify the commissioners of their appointment.* SEC. 2. Any commissioner may exercise the powers of all, if the others 1806. When one may do not object. act for all. SEC. 3. The commissioners on any turnpike may order it to be graded Ts0 1po 8(.:. and repaired, at such time and in such manner, as they find public convenience and necessity to require; and may order the gate or gates, on any turnpike which they find not to be in sufficient repair, to be and remain open, and that no toll be received thereat, until said turnpike shall be repaired to their satisfaction; and they shall give reasonable notice to the clerk of each turnpike company of the time when they will inspect its road, and after such inspection like notice to him of any order which they may make relative thereto. SEC. 4. When any turnpike company shall have voluntarily opened its 18s.s44. gates, and neglected to collect tolls thereat or repair its road for six months,,trnpikes to )be kept in repair, or when any such gate is opened by the commissioners because the turnpike org ates thrown open. is not *kept in sufficient repair, the selectmen of any town in which it is out of repair, upon the complaint of twenty of its electors, shall notify a director of the company owning the same of such complaint; and if, after such complaint and notice, said company shall, for thirty days, neglect to put such turnpike in repair to the satisfaction of the commissioners, such selectmen shall, if directed by said town, or, if it be not repaired within sixty days after such gate shall have been opened, may, without notice to such company, repair such portion of said turnpike as is in such town at its expense, and lodge an account of such expense with the town treasurer, who shall forthwith notify a director of said company, or its clerk or agent, of such expense; and such company shall receive no toll until it shall have paid said expense to said town with interest thereon. SEc. 5. Turnpike companies shall erect such railings as the commission- 1806. Iailings. ers may order, the expense of which and of all other improvements ordered by the commissioners, except ordinary repairs, shall be ascertained by them and added to the capital stock of the company. SEC. 6. When said commissioners shall order any such repairs or 8is06. 1s8. Forfeitnre of improvements to be made, they shall give written notice thereof to the clerk charter for netof the turnpike company, and if it shall for one month thereafter neglect lect to repair. to comply with such order, its charter may be declared void by the General Assembly; and if it so neglect for sixty days, or shall neglect for one year continuously to repair its road or take toll, it shall be conclusive evidence that it has abandoned its road and surrendered its charter, and no civil action shall thereafter be maintained in its favor; and the commissioners shall forthwith lodge a certificate of such neglect with the town clerk of the town or towns through which such turnpike passes, which shall thereupon become a public town road.t SEC. 7. The accounts of the capital stock, receipts, and expenditures of 180F. Commissioners each turnpike company shall be, by the commissioners on its road, annually to report accounts of the company, &c. *Shares in turnpike roads are real estate. 2 Conn., 567. Dividends are personal. 4 Conn., 182. The easement vests in the public. 27 Conn., 567. t When turnpike company is bound to repair road. 7 Conn., 86; when not. 18 Conn., 32. 24=2 INTERNAL POLICE OF TIIE STATE. [Title 16, stated, adjusted, and returned to the T/reasurer in such form as he shall prescribe, who shall report them to the General Assembly, and, after their approval by such Assembly, register and file them in his office; and they shall lodge with the clerk of such company a duplicate of such account; but no deficiency of interest shall be added to the capital stock of any company. 1807. SEC. 8. When the commissioners shall notify any director or the treasPenalty for neflectino to settle urer of a turnpike company of the time and place of their attendance to accounllllts. settle its accounts, and he shall not attend at such time and place, they shall cause its gates to be and remain open until such settlement shall be made. Compensation SEC. 9. Each commissioner, for each day of his employment as such, of commissioners. shall receive from his company three dollars, the payment of which shall be added to its capital stock. 155. 186(9. SEC. 10. Any turnpike company, with the written consent of its comAManner of continuning toll missioners and of a County Commissioner for the county in which any toll gate is located, may continue it where it was in the year one thousand eight hundred and thirty-five, if within the chartered limits of such company; and any turnpike gate, kept in the same place for fifty years, shall be a legal gate. How the loca- SEC. 11. The commissioners on anyturnpike, with a County Commissioner tion of o'ates may be altered. for the county in which any part of such turnpike lies, upon written application to them by the company, may alter and establish the location of any toll gate on said turnpike within its chartered limits, on giving written notice, signed by them, to a selectman of the town in which such gate is, ten days prior thereto of the time and place of their meeting for that purpose, and by advertisement, in some newspaper published in or nearest to said town, three successive weeks next preceding the time of such meeting.* Charters of com- SEC. 12. No turnpike company shall enjoy the benefit of the provisions panics accepting two prece- of the two preceding sections, until it shall have accepted them as an ding sections, liable to repeal, amendment of its charter, and lodged a certified copy of such vote of ac&c. ceptance with the Secretary of this State for record; and the charter of any company passing such vote may be repealed or amended by the General Assembly. 1T67. SEC. 13. When any land, adjoining any turnpike gate, shall be required When toll-house may be located for the location of the buildings necessary for the convenience of the gate on the turnpike. keeper, and cannot be obtained upon terms deemed reasonable by the County Commissioners, the turnpike company may, with their permission, erect such buildings upon its turnpike. 18s9. SEC. 14. Each turnpike company may collect at each gate, except where Rates of tolls established. the toll is specifically prescribed by the General Assembly, the following toll: For each one-horse wagon, six cents and one-quarter; for each one-horse four wheeled pleasure carriage, eight cents; for each vehicle, for transporting loads, when drawn by two beasts only, twelve cents and five mills; for each additional beast, three cents; for each loaded vehicle, drawn by four beasts, twelve cents and five mills; for each additional beast, three cents; for each empty vehicle for the transportation of loads, except one-horse wagons, only half of said tolls; for each sheep, or swine, five mills; and at each gate * Gates once located under charter cannot be removed by the company. 10 Conn., 157; 12 Conn., 361. 1How gates should be erected. 11 Conn., 464. Chap. 7.] HIGHWAYS, TURMPIKES, BRIDGES AND FERRIES. 2-3 where only a half toll is. allowed, half of said tolls only shall be collectible.* SEC. 15. No turnpike company shall be entitled to the benefits of the Exemptions from toll. preceding section, unless it has passed, or shall pass, a by-la'w, or vote, exempting from. paying toll all persons going to or returning from any religious meeting held in the town in which the gate is located, or in an adjoining town, or going to or returning from funerals in such towns, officers and soldiers going to or returning from military duty, all persons going to or returning from grist-mill, or from their usual and ordinary business, unless they travel more than four miles on the turnpike of said company, and all persons going to or returning from any town, society, or electors' meeting; nor until copies of such vote or by-law have been lodged with the Secretary of this State, and with one of the commissioners on said road. SEC. 16. All persons going to or returning from their usual and ordinary is. 155r. farming business, unless they travel more than four miles on any turnpike, farmers, and shall be exempt from paying toll; and all persons traveling thereon, not to'. ly hlaf more than two miles, shall pay but half toll. SEC. 17. When any person shall travel upon a turnpike, and, with intent s1807. Persons avoidto avoid the payment of toll, shall before coming to a gate leave and after- ing gates, liable ward, beyond such gate, return to and travel upon said turnpike, he shall to pay toll, &C. pay the same toll as if he had passed said gate. and if sued therefor, shall pay double costs; and if any person, passing a turnpike gate, shall refuse to pay the legal toll, and shall be sued therefor, he shall pay double costs. SEc. 18. The water may' be drained from any turnpike by the company isns. Company may into or through the land of any person, when necessary to clear any water open drains on private propercourse thereon, or make the turnpike dry. tye. SEc. 19. The clerk of each turnpike company shall, within one month 101so. Clerks of' conlafter its annual meeting, certify, in writing, to one of the commissioners on panies to certify ianes of its turnpike, the names of the persons chosen its directors and treasurer; officers. and if he shall neglect to certify as aforesaid, such commissioners shall keep the gates on such road open until they shall receive such certificate. SEC. 20. When the charter of any turnpike company does not designate What bridges lbelolng to turnwhat bridges it shall build, it shall maintain and repair all bridges built by pikle companies. it; and when it belongs to any town to build or repair any bridge on any turnpike, the commissioners thereon, on notice to the company and town, shall designate by suitable bounds the extent of its abutnments, and file a description of the same with the clerk of such town.t SEC. 21. If any person shall make any encroachment on a turnpike, the EncrolnPients company shall give written notice to him to remove it; and if he fail to do on trnpikees, so within one month thereafter, such company may remove it and recover the expense thereof from him; and if he repeat such encroachment, the company may remove it,without giving him further notice, and recover from him ten dollars. SEC. 22. The directors of a turnpike company may alter the location of'1so. its turnpike, with the approval of the commissioners thereon and the consent chanre location of turnpike, of the owners of adjoining land, and shall cause an accurate survey of such whlen. *What is a wagon, within this statute. 5 Conn., 465:' 14 Conn., 85: what a pleasure carriage. 9 Conn., 371. Travelers on the road are liable to pay toli, whether they pass through or round a gate. 2 Root.. 524. tTurnpike company may complain of bridges on its own road. 1 Conn., 1. By whom bridges are to be built. 4 Day, 19S. 244 INTERNAL POLICE OF THE STATE. [Title 1G. alteration, signed by said commissioners, owner and directors, to be recorded in the office in which the original survey of said turnpike is recordcled. 1554. SEC. 23. The County Commissioners, on the application of any turnpike 1856. 1867. How turnpilkes company, which has opened any gate within their county and ceased to take may be discontinued. con toll thereat, for the discontinuance of its turnpike, which application shall be served upon the towns in which the turnpike lies, as process in civil actions, may grant such application, or may discontinue any part of such turnpike with the consent of the town in which such part lies; and said Commissioners, on the application of any company for the discontinuance of a particular part of its turnpike, which shall be served on the town in which such part lies in manner aforesaid, may discontinue such part; and on either of said applications may discontinue or alter the location of any gate on said turnpike; and any turnpike or part thereof so discontinued shall become a public town road; and said Commissioners shall sign a certificate of such discontinuance and cause a copy thereof, attested by them, to be left for record with the town clerk of the towns thereafter liable to maintain such road; and they shall report their doings, in writing, and the grounds thereof to the next Superior Court in said county.* 1855. SEC. 24. Any town interested may, within three days after such report is Towns interested may remon- filed, remonstrate against its acceptance for any irregularity or improper strate. strate. conduct of said Commissioners in the performance of their duties. 1853. SEC. 25. The directors of any turnpike company, and the selectmen of How turnpikes may be trans- the towns through which its turnpike passes, may agree in writing for its ferred to towns. discontinuance, the time thereof, the compensation, if any, to be paid by said towns therefor, the proportion in which the same shall be paid by each town, and the person to whom it shall be paid, which agreement shall be effectual only when ratified by the stockholders of the company and said towns; and upon the payment of such compensation to such person, and at the time mentioned in the agreement, and on filing with the Secretary of this State, for record, a certified copy of such agreement, and of the votes of ratification, said turnpike shall become a public town road. Duties of the SEC. 26. Such person shall give bond, with surety, to the State, to the actrustee. ceptance of the Treasurer, in double the amount of such compensation, conditioned that he will faithfully discharge his trust; and shall forthwith advertise twice in a daily newspaper, if any there be, in one of said towns, otherwise in a daily newspaper published in the county nearest to said town, that all claims against said company must be presented to him for payment within six months from the date of said first advertisement. When claim of SEC. 2 7. Whoever has a claim against said company, whether due or not, a creditor shall be a lien. may file with the person so agreed upon a certificate, under oath, of the nature and amount of such claim; and thereupon shall have a lien on the sums which have come or shall come into the hands of such person to the extent of the amount claimed; and all claims not presented within said period shall be forever barred; and if any lien shall be so created, such person shall file a bill of interpleader in the Superior Court in the county in which any part of the turnpike of said company is, upon which said court shall adjudicate upon all such liens and claims, and direct their payment by him in whole or in part, and make any proper decree; but if no liens are * Report of Commissioners giving grounds of their decision a basis for action of court. 26 Conn., 209. Other points on construction of this section. Ibid. Chap. 7.] HIGHWAYS, TURNPIKES, BRIDGES AND FERRIES. 245 created during said six months, he shall pay over said sum to the turnpike company, after deducting his reasonable charges., SEC. 28. Said court may remove any person so agreed upon, fill any court may remove trustee, vacancy in the trust, and require additional bonds from any person agreed ~c upon or appointed. SEC. 29. AW7hen a t1urnpike company, a part of whose turnpike lies in a 1s67. Discontinuance city, shall desire to discontinue such part, a majority of its directors may ex- of a turnpike in a city. ecute a conveyance of it in the same manner as deeds of land are executed, to be recorded on the records of the town in which said city is; and on its acceptance by a vote of the Court of Common Council of said city, said part shall become a part of the highways of said city, and the rights and duties of said company in respect thereto shall cease. SEC. 30. When any part of a turnpike or any bridge thereon, which the 1S61. Neglect to returnpike company is bound to repair, shall be unsafe for travel, the select- pair, cause for forfeiture of men of any town through which said turnpike passes may give written charter. notice thereof to a director of such company; and it shall be a sufficient cause for the forfeiture of its charter, if it fail to make the necessary repairs thereon within one month thereafter, or within such further time as a judge of the Superior Court, on notice to such selectmen, may limit. SEC. 31. The receiver of tolls at any turnpike gate may, with the 1862. Receivers may consent of any judge of the Superior Court, appoint a gate keeper, who appoint gate shall be accountable for all the tolls collected by him; and any gate keepers. keeper may, at any time, be removed by either of said judges or by said receiver. SEC. 32. A receiver on any turnpike, when the company has held no 1844. When receivers meetings for more than two years, may sue as such receiver upon any cause may sue in their of action in its favor, using so much of the tolls collected on said turnpike as may be necessary for that purpose, and accounting for the avails of any such suit in the same manner as for tolls collected. SEC. 33. N o suit shall be brought or maintained by any turnpike com- Company not to sue wNhile its pany while its turnpike is in the hands of a receiver; and a judgment in tlunpl)ike is in the hands of a any suit, brought by him, shall be a bar to any suit brought by it for the receiver. same cause. SEC. 34. The commissioners on any turnpike, with a County Commis- Commissioners on application sioner of the county in which said turnpike or any part of it is, may, on of receiver may chlange location application of the receiver on such turnpike, and on written notice signed of gates. by them, served on a selectman of the town interested at least ten days before the time of hearing, and published three weeks prior to such time in a newspaper published nearest such town, change and establish, from time to time, the location of any gate on said turnpike, and authorize such receiver to remove or construct upon said turnpike, at or near the new gate, buildings, appurtenances and wells convenient for the gate keeper. PART III. Toll and Draw-bridges. SECTION I SECTION 1. Senate to appoint commissioners on toll 3. Penalty for passing draw-bridre under bridges. sail. 2. Povwers and duties of commissioners. 4. Tolls for wagons on springs. 246 INTERNAL POLICE OF THE STATE. [Title 1 6. 18e1. SEC. 1. The Senate shall annually appoint two or more commissioners to Senate to apIoint comluiXs- inspect every toll bridge, d~ho shall have the same powers, duties and cornstoners oil toll ~biol noes. pensation, in relation to the bridges of which they shall be respectively commissioners, as commissioners on turnpikes. 1s62. SEC. 2. If such commissioners shall find that any toll bridge, having a Powers andb duties of corn- draw, is defective in respect to its draw or protection to vessels passing missioners. through, they shall make such order relative thereto as they deem reasonable; and in case the owner of such bridge neglects to comply therewith, he shall pay all damage sustained by any person from such defect, to the extent provided in the charter of such bridge for a neglect to open such draw for the passage of vessels; and such commissioners shall employ some proper person to fulfil said order, who, having done so to their acceptance, may recover the expense from such owner, with twenty per cent. added thereto. 1S26. SEC. 3. Any person navigating any vessel, who shall take it through the Penalty fobr pas'sin]g'draw draw of any bridge with the aid of machinery or sails, shall forfeit twenty unlder sail or stealm. dollars, half to him who shall sue therefor and half to the town in which the offence is committed.* 1864. SEC. 4. The toll collected at each toll bridge for each business or express Tolls for waoons on springs, wagon, set on springs.and used for transporting commodities, shall not exceed that collected for like wagons, not set on springs. PART IV.:Fe3 ri'es, SECTION SECTION 1. Appointment of commissioners. 1. Hours for running ferries. 2. Towns to maintain town ferries. S. Ferry privileges. how far exclusive. 3. Owner of private ferry to maintain it. 9. Rates of fares to be posted up. 4. Equipment of ferries. 10. Commissioners may dismiss ferrymen. 5. Commissioners may order towns to make- 11. Superior Court may re-establish ferries, or repairs. create 1ew ones. 6. Commissioners may make repairs, when. 18291. SEC. 1. The Senate shall annually appoint, on each ferry, except the,IidAppointment of commissioners. dletown ferry, two commissioners, who shall, as often as they deem necessary, carefully inquire into its management; inspect the boats used thereat, and the wharves, and landing places, appurtenant thereto; see that it is kept according to law; and receive the same compensation as commissioners on turnpikes, to be paid by the party liable to maintain such ferry. Towns to main- SEC. 2. Ferries between two towns shall be maintained at their equal exterries. to pense, unless they otherwise agree; but any person, liable to maintain such ferry, may be compelled so to do by such town or towns, and to re-imburse them for all charges legally incurred by them by reason thereof.t s18.~. SEC. 3. If any person claiming an interest in a ferry not owned by the Owner of pri- town shall, in the opinion of the commissioners, neglect such ferry, or not rate ferry to maintain it. maintain it according to law, they shall forthwith make an order for its maintenance, copies of which shall be left with such person, and the town clerk of the town in which said ferry is, or of each of the towns between * The owners of a draw-bridge may waive the benefits of this section, so far as they are concerned. 30 Conn.. 380. t Various points concerning the franchise of a ferry, its subjection to legislative control. loss by non-user, &c. 16 Conn., 149; 17 Conn.. 79; 29 Conn., 210. Power. given to a railroad company to construct a ferry, not a grant of a general ferry. 30 Conn., 38. Chap. 7.] HIGHWAYS, TURNPIKES, BRIDGES AND FERRIES. 247 which it is situated, and posted on the sign-post in such town or towns; and the certificates of the commissioners, lodged with the town clerk or town clerks, shall be primna facie evidence that their order has not been complied with; and if the person, claiming such interest shall not, within thirty days from the time of giving such notice, comply with such order, his interest shall be forfeited, and vest in the town or towns in or between which said ferry is situated. SEC. 4. Every ferry shall be furnished with a boat or boats, properly 1702. Equipment of provided and manned, sufficient for the safe and speedy transportation of ferriies. passengers, their teams and other property; and there shall be erected at each ferry, and at all times kept in good repair, all wharves necessary for ferry purposes. SEC. 5. If the commissioners shall at any time find that any ferry is not Commissioners may order maintained according to law, they shall notify, in writing, one of the select- tow.ns to maike men of the town in which, or of the towns between which, such ferry is, of repairs. the particular defect, and order that such defect shall be made good within such time as they may appoint. SEC. 6. If said order is not complied with by said town or towns, the commissioners may make recommissioners shall cause such deficiency to be repaired or supplied, as pairs, wAhen. soon as possible, and report the expense to the Superior Court in the county where either town is situated; and such court shall liquidate said expense, and grant execution therefor, in favor of said commissioners, against such town or towns. SEC. 7. The ferrymen shall attend at the respective ferries, at all seasons 1726. Hours for runof the year when ferriage is practicable, from sunrise until nine o'clock at ning(ferries. night, between the first days of April and October in each year, and until eight o'clock at night for the rest of the year, unless otherwise provided by law; and shall not deny or delay the speedy carrying over of any passenger or his property, except when it manifestly appears to be hazardous or impracticable to do so by reason of storm or ice. SEC. 8. The owner or keeper of any ferry, legally established and kept, Ferry privishall have the exclusive privilege of transporting across the same, for the legal leysliehow far fares, all passengers and property from the place where such ferry is established to every other ferry-place or usual place of landing; but any person may pass such ferry in his own or his neighbor's boats, on his own business, without charge. SEC. 9. No fares shall be demandable at any ferry, except when the rates 1785. Rates of fares of fare are so displayed in large letters, near the ferry landing, that they can to be posted up. be read from the boat. SEC. 10. The commissioners of any town ferry may suspend or displace Commissioners any ferryman for cause, giving written notice to the selectmen of the town may dismeis& or towns, whose duty it is to maintain said ferry; and if said town or towns shall not forthwith employ another man, the commissioners shall employ one; or if at any time such town or towns shall not employ such number of ferrymen as shall be prescribed by the commissioners, they shall employ a suitable number of ferrymen, as long as such town or towns so neglect, at the expense of such town or towns, to be liquidated and recovered as provided in the sixth section of this Part. SEC. 11. When any ferry shall be disused, for one year, whereby the 1847. public travel is obstructed or incommoded, or when public convenience and maylreestCabish ferries, or create necessity shall require the establishment of a new ferry across any stream, n es.create the Superibr Court:n the county in which such stream is, or when it is the 248 INTERNAL POLICE OF TIIE STATE. [Title 16. dividing line of adjoining counties, the Superior Court of either county, the court to which the application is first made to possess the jurisdiction, may, on petition of any person, to be served on the town or towns in or between which said ferry, or any roads necessary for access thereto, may be situated, and a copy thereof and of the citation posted on a signpost in such town or towns, at least twelve days before the session of the court, inquire into the matters alleged, and into the public necessity and convenience of re-locating such ferry, or establishing such new ferry; and on finding the matters alleged to be true, and that the public travel requires the accommodation, may cause such ferry to be re-located, or such new ferry to be established at such place as will best promote the public interest and accommodate the public travel, and establish the rates of ferriage thereat; and cause any necessary roads, leading to such ferry, to be laid out and opened, within such time as it shall direct; and said ferry shall remain a public ferry, and the roads leading thereto, Expense to be so laid out, shall remain public highways; and the costs of establishing apportioned 11 amoniothe rl- and laying out the same, being allowed by said court, shall be paid by spective towins. the town or towns in which such ferry or highways shall be situated, in such proportions, respectively, as said court shall direct.*?PART V. Penalties. SECTfON] SrECTION 1. Taking illegal toll. 3. Neglect to maintain ferries. 2. For false toll boards. 17tZ02. SEC. 1. Any keeper of a toll gate, or employee at a ferry, who shall 1825. 1854. Taking illegal demand or receive of any person for passing such gate or ferry more than toll. the legal toll or ferriage, or any money for passing such gate while it shall remain open by a written order of the commissioners on the turnpike or bridge, delivered to such keeper, and of which the owner of such gate has had due notice, shall forfeit seven dollars to him who shall sue therefor. 184sm. SEC. 2. Every owner of any turnpike, toll bridge, or ferry who shall For false toll boards. suffer any board to be displayed, at or near the same, on which the rates of toll are represented to be greater than those prescribed by law, shall forfeit forty dollars, half to him who shall sue therefor and half to the county in which such board is displayed. 187s3. SEC. 3. Every town, which shall neglect to maintain any ferry, in Neglect to maintain fer- whole or in part, according' to law, shall forfeit not more than fifty dollars ries. for each week of such neglect, to be recovered by information in the Superior Court by the State's Attorney; and when a ferry is between different counties, the State's Attorney in either may file such information in his county. * On remonstrance to report, committee's proceedings having been reular, court will not re-hear the case. 20 Conn., 21S. Where committee reported re-location of ferry, and afterwards, by order of court, proceeded to lay out highways, proceedings held regular. Icid. Chap. 8. NAVIGATION. 249 CHAPTER VIII. Navigation. SECTION SECTION 1. Harbor-masters: appointment and tenure 11. Vessels arriving at Hartford to pay tolls to of office. port-warden. 2. Must give bonds. 12. Person in charge liable for toll. 3. Powers: penalty for resistance. 13. Port warden to keep a record, and account. 4. Forfeiture for neglect of duty. 14. Compensation of port-warden. 5. Jurisdiction in New -Iaven harbor. 15. Common Council to approve these provi6. Powers of deputy harbor-masters. sions. 7. Mooring near basin wharf in New Haven 16. Speed of steam vessels regulated. harbor. 17. Checks for bag(gage on steamboats. S. Pilots, how appointed; bond, and record. 18. Refuse not to be thrown into any harbor. 9. Rates of pilotage. 19. Dumping in New Haven, Bridgeport, or 10. Vessels subject to pilotage. Stamford harbor. 20. Jurisdiction of such offences. SEC. 1. The Governor shall appoint a harbor-master, and may appoint 1S59. 1ST1. 1874.!tarbor-inasta deputy harbor-master, for each of the harbors of New Haven, Norwich, ers, how appointed, and Bridgeport, Stamford, Norwalk, Stonington, and New London, who shall tenure of office. severally hold office for three years from the time of their appointment and until others shall be appointed in their places. SEC. 2. Each harbor-master, before entering upon the duties of his Must i -iv office, shall execute a bond of three hundred dollars, to the State, with bod sufficient surety, to the acceptance of the Treasurer, conditioned for the faithful performance of the duties of his office. SEC. 3. Each harbor-master may station all vessels riding at anchor in Pow,,,ers. the channel of the harbor under his care, and remove, from time to time, such vessels within said channels as are not employed in receiving or dis charging their cargoes, to make room for the passage of other vessels up or down said channels, and shall be the sole judge of the fact, whether any vessel so at anchor shall be so in the channel as to obstruct or hinder the passage of any other vessel; and may determine how far within such harbor, and in what instances, masters or others having charge of vessels at anchor within said channel, shall remove the same; and upon the application of the owner or lessee of any wharf, dock, or pier in such harbor shall station any vessel lying at or adjacent to such wharf, dock, or pier, or remove it therefrom to make room for the dockage or passage of any other vessel, when in the judgment of said harbor-master the in- 1s80. terest and convenience of commerce or navigation shall require, and may exercise all the powers and duties with rc-fcrence to such vessels, which he might exercise with reference to vessels at anchor in said harbor; and every person who shall obstruct, resist, or wilfully refuse to obey the order Penalty for resi tin,' harbor of such harbor-master in the execution of the duties of his office, shall, for masters. every such offence, forfeit fifty dollars, to be recovered, with costs, in the name of such harbor-master, in which action such vessel may be attached ow as in other actions; and all fines, after deducting the necessary expenses of enforcing the same, to be determined by the court rendering judgment therefor, when collected, shall be paid to the General Hospital Society of Fines, to whom paid. Connecticut. SEC. 4. When any harbor-master refuses, upon the application of any Penalty fornegperson engaged in the navigation of the harbor under his charge, to remove lect of duty. any vessel, or vessels, riding at anchor therein and obstructing its channel, 250 INTERNAL POLICE OF THE STATE. [Title 16. or to require them to be removed, so that vessels may freely pass up or down the channels, he shall pay to such person twenty dollars, with costs, to be recovered in an action on his official bond or on this statute; and in deciding as to such neglect, for the purpose of such action, no opinion or decision of said harbor-master shall be considered by the court. 1RO0. SEC. 5. The harbor-master of New Haven harbor shall have, in relation Jurisdiction of harbor-maeter to all vessels lying at any of the wharves, docks, or piers between Tonlinof New IHaven. son's bridge and Heaton's wharf, the same powers and duties as in relation to vessels lyinig in the channel of said harbor. 18;7. SEc. 6. Deputy harbor-masters shall have all the powers and perform all Powers of de)nty harbor-mas- the duties of harbor-masters in the respective harbors for which they are ters. appointed, subject to the control and direction of the harbor-master, and all persons refusihg or neglecting to comply with their orders shall be liable to the same consequences and actions as if such orders were issued by a harbor-master, and any such action may be brought in the name of said deputy harbor-master, and vessels attached thereon as if brought by a harbor-master. 1554. SEC. 7. If any vessel shall be unnecessarily moored in the channel in Mooringl near basin wharf in New E Haven harbor, which extends from the sluice in and through the wharf New I-Haven harbor. of the New Haven and Northampton Company to the main channel, so as to obstruct the free passage of vessels through said channel, the master, or person in command of such vessel at the time she is so moored, shall, for every such offence, be fined ten dollars, and also one dollar an hour for each hour above twelve that said vessel shall be so moored, half of which fine shall be paid to the informer and half to the town of New Haven. loss. SEC. S. The Superior Court, or any judge thereof in vacation, may, in Pilots, how licensed. any county adjoining navigable waters, license so many persons as said court or judge may deem necessary, and find qualified, to act as pilots for three years from the date of such license, in any of the waters of this State. No Notice. person shall be so licensed until he shall have given notice of his intention to apply therefor, and of the court or judge to whom, and the time when, and the place where such application will be made, by advertising the same at least six times in some daily newspaper, published in the town where such person resides, or if there be none, at least four times in some weekly newspaper published in such town or in the nearest adjoining town. Every Bond. pilot shall, upon the granting of his license, give a bond of five hundred dollars, to the treasurer of such county and his successors in said office, with surety to the acceptance of the court or judge granting such license, conditioned for the faithful performance of the duties of a pilot, upon which bond suit may be brought in the name of such treasurer for the benefit of any person who may suffer loss or damage, by the ignorance, neglect or misconduct of such pilot in the discharge of his duties. The clerk of the 1ecord of li- Superior Court, in the county where such license is granted, shall keep a cenke to be record thereof, and if requested, shall furnish a certificate of such license. Rates of pilot- SEC. 9. The Superior Court in any county shall on the application of agre. any person fix the rates of pilotage in the waters within such county, except that the Superior Court of Middlesex county shall fix such rates for that part of Connecticut river between Middlesex and New London counties, and the Superior Court for New Haven county for that part of Housatonic river, between New Haven and Fairfield counties. Chap. 8.] NAVIGATION. 2 51 SEC. 10. All inward and outward bound vessels of foreign bottom 1s67. Vessels subject entering any port in this State, for the purpose of loading or unloading, and to pl ynent of drawing nine feet of water or over, shall be subject to the payment of pilot- pot age, if spoken by a pilot before entering such port; but vessels engaged in the coasting trade, and coming by the way of New York, fishing smacks, vessels engaged in the oyster trade, canal boats, barges and tug boats shall Vessels exempt. not be so subject. SEC. l1. The person in charge of every vessel of a draft of more than 1s65. Vessels arriving six feet, and of over fifty tons burden, carrying cargoes to the city of Hart-.t1 tlartford to pay tolls to the ford from any port or place beyond the mouth of Connecticut river, and of port-warden. every steamer engaged in towing on said river, shall report to the port-warden of the city of Hartford within twenty-four hours after every arrival at said city, stating the name and registered tonnage of the same, and pay to him for every vessel carrying cargoes, and for every steamer engaged in towing, a toll of two cents a ton upon its registered tonnage, except that where the actual weight of cargo can be determined by its bills of lading, said toll shall be imposed on said actual tonnage, at the rate of one cent a ton; and the Hartford and New York Steamboat Company shall, on the first day of June in each year, pay to said port-warden one thousand dollars, in lieu of all tolls imposed by this section. SEC. 12. The person in charge of any such vessel, and the owner, shall be Person in charge jointly and severally liable for such toll; and if the person in charge of any such vessel shall neglect so to report, and to pay toll, after demand by said port-warden, he and the owner of such vessel shall be jointly and severally liable to pay double the amount of toll hereby imposed, to the city of Hartford; and the City Court of said city shall have jurisdiction of all suits instituted for the recovery thereof. SEC. 13. The port-warden shall keep a record of all vessels, paying or Port-warden to keep a record liable to pay such toll, and the amount of toll collected from each, and and caccount monthly with render an account monthly to the treasurer of the city of Hartford, of city treasnrer. all moneys received by him for toll, and pay over the same to said treasurer; and the Court of Common Council of said city shall cause all moneys so received, and any other moneys they may appropriate for the purpose, except as hereinafter provided, to be expended for the improvement To be expended of the navigation of Connecticut river between Hartford and Middletown, c]annel of the under the direction of a committee to be appointed by said Court of Common Council; and said committee shall, from time to time, render accounts with vouchers, for all moneys expended by them to said treasurer, which shall be audited and adjusted as other accounts of said city, and annually Committee to report annually report to the General Assembly, stating particularly the amount of money to the Oeneral Assembly. received from tolls, and expended by them, the purpose for which, and the mlanner in which, the same was expended, and the condition of the channel of said river between said towns. SEC. 14. Said port-warden shall receive such compensation, as said Court Compensation of port-warden. of Common Council may prescribe, not exceeding two hundred dollars a year, to be paid from said tolls; and, before entering upon the performance of said duties, he shall give a bond to said city with surety, to be approved by the mayor, of not less than one thousand dollars, conditioned for the faithful performance of the same. SEC. 15. The four precedifig sections shall not take effect, until accepted Common Council to approve and approved by said Court of Common Council. these provisions. 252 INTER:NAL POLICE OF TIlE STATE. [Title 1i. 1848. 1849. SEC. 16. If any steamboat or other vessel propelled by steam shall ap1854. 1869. Speed of steam proach at a greater rate of speed than six miles an hour any wharf, pier vessels regurlated. or dock in the city of Hartford between the bridge over Connecticut river and the southern limits of said city, or the Long Wharf and pier in New Haven harbor when any vessel shall be lying thereat at any berth below the north end of the platform on the east side of the wharf, or the wharf or pier in Bridgeport harbor, known as "Mather's Dock," or any dock, pier, or wharf in New London harbor within two hundred feet of the same, or any wharf on either side of the Mystic river between Mystic bridge and a point two hundred yards south of the wharf of Joseph S. Avery, or any wharf, pier or marine railway in Norwalk harbor, or any wharf in the city of Middletown when covered with water, the person in command of such vessel shall forfeit one hundred dollars, half to him who shall prosecute and half to the treasury of the county in which the offence is committed, and shall also be liable to pay three fold damages to him whose property shall be injured thereby. 18 2. SEC. 17. WVhen any passenger shall be separated from his baggage by Checks to be given lfor bag,- the regulations of any steamboat company, or the orders of the captain of gare on steamboats. any steamboat, said company or captain shall give to such passenger a check for his baggage at the time of receiving it, unless such passenger shall waive it; and for any neglect so to do shall pay him ten dollars. 1848. SEC. 18. Every proprietor or charterer of any steamboat, or vessel, from Refuse not to be deposited in the the furnace of which any refuse shall be thrown into the waters of any wa"ters of this State. harbor, or river, in this State, shall forfeit for the first offence one hundred dollars, and for every subsequent offence two hundred dollars, half to him who shall prosecute to effect, and half to the treasury of the county. 1869. SEC. 19. Every person who shall deposit or assist in depositing any subDumnping in New Hayer. or stance in New Haven harbor or off its mouth inside of Southwest ledge, or Bridgeport harbors7 in Bridgeport harbor or off its mouth within three hundred feet outside of the outer bar so called, or in the waters adjacent to said harbor below Yels870. low and Old Mill bridges, or any substance except oyster shells in Stamford harbor. harbor, or off its mouth inside of a direct line drawn from Captain's Island Light, off Greenwich, to the buoy on Old Cow Reef off Shippan Point shall be fined not less than fifty dollars, nor more than five hundred dollars, or imprisoned not exceeding six months, or both; but this section shall not prevent the owners of land adjacent to said harbors, from building wharves therein. 1869. SEC. 20. The City Court of New Haven, and any justice of the peace in Jurisdiction of such offences. the towns of New Haven and East Haven, shall have cognizance of all complaints for violations of the preceding section in New Haven harbor, and the City Court of Bridgeport and any justice of the peace in the towns of Bridgeport and Stratford shall have cognizance of all complaints for violations thereof in Bridgeport harbor, and any justice of the peace in the town of Stamford shall have cognizance of all complaints for violations thereof in Stamford harbor. Chap. 9.] NUISANCES. 253 CHAPTER IX. Nuisances. SECTION SECTION 1. On highways. 5. Deposit of rubbish in streams. 2. Encroachments on highways,how removed. 6. Placing obstructions in navigable waters. 3. Buildings erected for unlawful exhibition. 7. Sinking obstructions in Connecticut river. 4. Obstructing or diverting water course. 8. Rams to be restrained from going at large. SEC. 1. If any person shall place, or suffer to remain, anything in any 1713. 1856. 1859. 1862. highway, or dig up the ground therein, by which the passage of travelers On highways. shall be obstructed or endangered, or the highway encumbered, the same shall be deemed a common nuisance, and he shall forfeit not less than five, nor more than fifty dollars, half to him who shall prosecute to effect and half to the town where the offence is committed; and the court, before which the conviction is had, shall order the defendant to remove such nuisance wi.thin thirty days, and on his failure to do so, it shall be removed at his expense by a constable of the town; and such court may tax such expense, and issue an execution therefor.* SEC. 2. If any person has enclosed, or shall enclose, since the first day of 15724. 1752. 1808. June, 1709, any part of a highway or town common, the selectmen of the Encroachments on highways town in which the offence is committed, or a committee appointed by the how removed. Penalty for town for that purpose, shall give notice to him to remove the encroach- second offence. ment, within a reasonable time, not exceeding one month after such notice, and if he shall neglect to do so, may remove it, and recover from him the expense of the removal, and if he shall again so encroach upon such highway or town common, he shall forfeit seven dollars for every such offence, half to such selectmen or committee and half to the county where the offence is committed; and the owner of the enclosure shall be deemed prima facie guilty of erecting such encroachment; and when such structure has once been removed, the selectmen or committee may remove it, without further notice, as often as it shall be again erected without authority of law.t SEC. 3. Every fence or edifice erected for the purposes of any unlawful s828. Buildings used exhibition of sports, tricks, or extraordinary feats by animals, or with the for unlawful consent of the proprietor used or employed for such purposes, shall be deemed a common nuisance, and may be abated. SEC. 4. If any person shall unlawfully dam or obstruct any water 1705. course to the special damage of another, such diversion or obstruction shall lObstruclting or cwdivertin sater be deemed a common nuisance, and may be abated as such; and the person courses. so offending shall forfeit one dollar for every week that such nuisance shall continue, half to him who shall prosecute to effect, and half to the town where the offence is committed; but if any person shall remove or injure a millt-dam which is not a nuisance, he shall pay to the party injured double damages and double costs. * Stone wall in highway, a nuisance, when. 6 Conn., 415. Closing old highway, a nuisance. 2 Root, 213. A grist-mill, the wheel of which was such an object as to frighten horses, a nuisance. 27 Conn., 631. Privy and pig-sty a nuisance, when. 28 Conn., 317. A building or wall on highway obstructing the passage, is a nuisance, punishablle only under this statute. 7 Conn., 428; 11 Conn., 541. Whether nuisance or not, is a question of fact. 14 Conn., 311. First section prohibits erection, not continuance, of nuisance. 16Conn., 54. A town cannot authorize a nuisance. 1 Root, 129. t The selectmen do not act as agents of the town. 2 Conn., 292. 19 254 INTERNAL POLICE OF THE STATE. [Title 16. 1860. SEC. 5. Every person who shall wilfully deposit in any water course Deposit of rubbisl in streams any material, where it will naturally be carried to thlv land of another to his injury, shall be guilty of a nuisance, and shall pay to the party injured thereby double damages and costs, unless he shall, within a reasonable time after a notice of the injury, remove such material from said land. SG65. SEC. 6. Every person who shall place any material which shall tend to Placing obstrnctions in navi- obstruct navigation in navigable waters, shall be fined not less than ten, nor goable waters. more than one hundred dollars, and deemed guilty of a nuisance, and shall be ordered by the court, before which the conviction is had, to remove such nuisance within thirty days, and, on his failure to do so, any person may remove the same at his expense. Sinki180 o- SEC. 7. Every person who shall unlawfully sink any material in the strnctticns Connecticut river for the purpose of obstructing the water or turning it Connecticut river. from its natural course, or of making or enlarging any island, shall be deemed guilty of a nuisance, and shall pay the expense of removing the same and a fine not exceeding five hundred dollars. 18024. S21 SEC. 8. If the owner of any ram shall suffer him to go at large between Ramis to be re- the first days of August and December of any year, he shall forfeit ten strained. dollars to the person who shall take up said ram, who, if the owner shall not be known, shall keep it, and within twenty-four hours lodge a certificate describing it, with the town clerk for record, and shall put a certified copy of such record on the sign-post in the town in which such ram was taken up; and the ram shall become his property unless its owner shall, within five days after such posting, tender him said forfeiture; but when more than one ram shall go at large by sufferance of the owner, at the same time and from the same inclosure, a single forfeiture only shall be recoverable and in such case there shall be a forfeiture of one only of said rams, to be selected by the person who shall have taken them up; and after the expiration of said five days the other rams shall be dealt with as stray beasts.* CHAPTER X. Pounds. SECTION I SECTION 1. Selectmen to erect pounds. 10. Animals at large may be seized by owner 2. Selectmen to appoint pound keepers, of adjoining lands. Notice to owner, when. and damages demanded. 3. Animals doing damage on land may be 11. If owner is unknown, notice to town clerk, impounded; notice to owner. and sale. 4. To be advertised, if owner is unknown. 12. Owner may have possession on payment 5. To be sold, if no owner appears. of fees and dalmages. 6. Description to be entered in town clerk's 13. When animals at large by act of one not office; avails of sale, how used. the owner. 7. Tender of damages. 14. Damages assessed by justice of the peace, 8. Owner of animals escaping liable. when. 9. Pound keepers, their rights and duties. 15. Penalty for rescue or pound breach. 1650. SEC. 1. The selectmen of every town shall erect and maintain, a sufficient 1702. 1726. Selectmien to pound or pounds for the impounding therein of all creatures liable by law erect pounds. -* The owner is not liable to the forfeiture, if he has used due care to prevent the escape of the ram. 19 C'onn.. 505, 50(. The selection of one of several rants, as a forfeiture, must be intentional. 11 Conn., 191. Chap. 10.] POUNDS. 255 to be impounded.* And any town may grant liberty to the inhabitants of society pounds. any particular part of the town, at their own expense, to erect and maintain a pound or pounds, for their own convenience. SEC. 2. When the selectmen shall establish a new pound, they shall 1Seect.toapSelectmen to apappoint a pound keeper for it, to hold office until the next annual town pointpoundkeepers to new meeting. pounds. SEC. 3. Every person may impound horses, cattle, asses, mules, sheep, 1650. 1:0. goats, and swine found doing damage on his land, inclosed by a sufficient When beasts may be irafence; and every person may, and the haywards of any town shall, impound pounded; notice to be given horses, asses, mules, neat cattle, sheep, swine or geese found at large on any to the owners. highway or commons, whether with or without a keeper; and when any person shall have impounded any creatures, he shall, within twenty-four hours, give notice thereof to the owner, if known; and shall forfeit to Notice. such owner twenty cents a head for every beast so by him impounded, for every clay that he shall neglect to give such notice; and shall also pay all necessary expense to the pound keeper for providing food and water for such creatures, until the owner shall have paid the poundage and the expense of keeping such animals for twenty-four hours, and such further term as may have elapsed since notice given him. SEc. 4. If any creatures be impounded whose owner is not known, the 1511. 153.. Wheon owners impounder shall, within three days inform a constable of the town thereof, aremoknown, -. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~~~~~~~~~~description to) who shall post a description of them vwitih their natural and artificial marks be advertised. and of the place where they were taken, upon the sign-post in the town where they are impounded, and publish a notice thereof in a newspaper printed in the county, in which said town is, or in some other newspaper circulated in such town. SEC. 5. Sheep, swine, goats or geese may be replevied or redeemed by Ani10.y Animals may their owner within eight days from the time when they may have been ad- be rallevied redeemed or vertised as aforesaid; and other creatures within twenty days. But if they sold. are not so replevied or redeemed, such constable may sell at public auction so many of them as will be sufficient to satisfy the poundage and the reasonable expenses of supporting, advertising and selling them, and the damage done by them, if any, paying over to the owner any residue of the avails of such sale that may remain after liquidating such poundage, expenses and damage. But no creatures taken damage feasant shall be sold, until the fence of the enclosure, in which they were taken, shall have been found sufficient by two fence-viewers. SEc. 6. If the owner of such creatures is unknown, the marks, natural Description to be entered in and artificial, of the creature sold, shall be entered in the town clerk's offic, town clerk's with an account of the charges and the price for which it was sold, and the office. overplus, if any, after the town clerk shall be paid for the entry, shall be Avails of sale how; disposedl of. delivered to the town treasurer, to be kept for the owner if he appears odisposedof. within one year; otherwise it shall belong to the town. If any creatures so impounded shall remain unsold after selling enough to satisfy the damages and costs, they may be released or proceeded with as in the case of estrays. SEC. 7. The owner of creatures taken damage feasant may, within twenty- lml. four hours after notice given him, procure two indifferent freeholders of the Tendersofdamatown to estimate the damages done by such creatures, and tender the same * May hire a place for a pound. 26 Conn., 406. 236 INTELRNAL POLICE OF THE STATE. [Title 16. with the costs to the impounder; and if he shall refuse to accept the same and the owner is obliged to replevy his creatures, the impounder shall recover no costs, but shall pay costs to the owner, unless the court, which tried the action, shall find that he was entitled to more damages and costs than the sum tendered. 1821. SEC. 8. If any creatures taken damage feasant and lawfully impounded, Escape from pound. shall escape out of any pound, the person who impounded them may recover from their owner the poundage, damages, and expenses of impounding, and may, in bringing his action, attach and have execution against any animal so impounded, whether exempt from execution or not. Pound-keepers, SEC. 9. Pound-keepers shall receive and keep all creatures lawfully rights and duties of. brought to pound, and provide for them necessary food and water while in pound; and the owner of any beasts impounded shall not redeem or replevy them out of the pound, until he shall have paid the pound-keeper his lawful fees and expenses, which he shall be entitled to recover in his action of replevin against the impounder, if such creatures were unlawfully impounded. 1868. 1865. SEc. 10. Any person may take into his custody any animal at large in May be seized by the owner of any public highway and opposite to land owned or occupied by him; and acljoining land. any animal trespassing upon premises owned or occupied by him, and which entered from the highway, or through a fence belonging to the owner of said animal, or a sufficient fence belonging to any other person,* Notice to be but he shall, if the owner of the animal be known, give immediate notice given to the owner of ani- thereof to him, and may demand of him, for every horse, mule, ass, ox, real. cow or calf, twenty-five cents, and for every sheep, goat, goose or swine, ten cents, together with just damages for injuries occasioned by such Damazes de- animal; and when such payment shall have been made if demanded, the mantled. owner shall be entitled to the possession of his animal, if applied for within twenty-four hours after such notice shall have been given.t When owner is SEC. 11. If the owner is not known, or shall not comply with the pronot knowvIn, &c. visions of the preceding section within twenty-four hours after such notice shall have been given, the possessor shall give notice thereof to the town Notice to town clerk of the town in which such seizure shall have been made, with a full clerk. description of the animal so seized, with its natural and artificial marks; Notice of sale, who shall thereupon record in a book kept for such purpose, and post how published. upon the school house nearest where the seizure was made, and upon the sign-post nearest his office, and publish in a newspaper printed in said town, if any there be, otherwise in a newspaper printed in the county in which said town may be situated, notice that such animal will be sold at auction, at said sign-post, in not less than fifteen nor more than thirty days from the time of affixing such notice, on a day and hour to be Proceeds of specified in such notice; and at such time shall sell the animal and, out of sale, how disposed of. the proceeds thereof, retain his fees and charges, and then pay to the person who seized the animal, for every horse, mule or ass, so seized, one dollar; for every head of neat cattle, fifty cents; and for every sheep, goat, goose or swine, twenty-five cents; together with just damages for any injury occasioned by such animal, and a reasonable compensation for its care and keeping from the seizure thereof to the time of sale. If any surplus shall remain, said clerk shall pay it to the owner of said animal. * Second clause is independent of the first. 37 Conn.. 36. t Sufficiency of notice, &c. 34 Coln., 251. Chap. 11.] PUBLIC HEALTH AND SAFETY. 257 but if the owner shall not demand it within one year after such sale, he shall be forever precluded from recovering any part of such money, and it shall be paid to the town. SEC. 12. The owner of any animal seized pursuant to the two preceding Payment by owner to resections shall be entitled to its possession upon payment, within ten days dleem animals after such notice shall have been given, of fifty cents for every horse, mule, ass, or head of cattle, and twenty-five cents for every sheep, goat, goose or swine, half of which amount shall be for the benefit of the town clerk, and half for that of the person making the seizure, together with all damages which the person making the seizure may have suffered by such animal, and a reasonable compensation for its care and keeping. SEC. 13. If the animal so seized shall have been running at large or When at lar le by act of one trespassing through the wilful act of any third person, such owner shall be not the owner. entitled to its possession, upon paying to the person making such seizure all just damages occasioned by such.animal, and the expenses, and to the town clerk his legal disbursements, and without paying any other charges. And the person committing such wilful act shall be fined twenty dollars, or imprisoned not less than thirty days; and shall be liable to the person making the seizure for all damages sustained by him through such act. SEC. 14. In case the amount of damages occasioned by any animal so Damages how assessed. seized, can not be agreed upon by the party making the seizure and the owner of the animal, said damages, on the application of either party, may be assessed by any justice of the peace qualified to judge between the parties, notice in writing having first been served on the adverse party by some proper officer or indifferent person, at least one day before the hearing: and said justice of the peace shall tax the cost of said hearing as in civil actions, and may issue execution therefor. SEC. 15. Every person who shall rescue any creature, seized and taken 1650. 1s65. Penalty lor resinto custody or on its way to pound under the provisions of this' Chapter cue or pound out of the custody of the person thus having seized or taken it, or attempt to prevent him from lawfully driving it to pound, or resist him therein, or break a pound, or in any way convey out of it any beast lawfully impounded, shall forfeit seven dollars, half to any informer, and half to the town where the offence is committed; and pay to the party injured all the damages he shall sustain by such rescue or breach; and when such rescue or breach is effected by the children or servants of the owner of the creatures, such owner shall pay all the damages and forfeitures in the same manner as if done by himself. CHAPTER XI. Public Health and Safety. SECTION SECTION 1. Board of health. how constituted and its 8. Fees of health officers. powers. 9. Eluding quarantine. 2. Its duty as to nuisances and filth..10. Vessels may be disinfected and passengers 3. Notice of regulations. secluded. 4. Quarantine of vessels. 11. Health certificates obtained by fraud void. 5. Vessels from Northern home ports. 12. Board may interdict communication with 6. Vessels arriving at New Haven. other towns. 47 Duty of health officers. 13. Taverners to,ive notice of sick lodgers. 258 INTERNAL POLICE OF TIIE STATE. [Title 16. SECTION SECTION 14. Orders of board, how enforced. 23. When selectmen may grant permission to 15. Fines, how appropriated. use explosive materials. 16. Persons having contagious disease may be 24. Inspectors of illuminiating fluids. confined. 25. Public halls, to be made safe. 17. Vaccination, rules for, may be adopted. 26. Letting halls after being closed by order. 18. Refusal to be vaccinated, forfeiture for. 27. Appeal from order. 19. General penalty. 2S. Cities may make orders about unsafe buildl20. Gunpowder, order for removal. iogs. 21. Only fifty pounds to be kept in one place. 29. Selectmen may examine and order removal, except, &c. &c., of buildings. 22. Appeal to Superior Court. 80. Owner, &c., may appeal. 31. Execution of final orders. BS0.a SEC. 1. The justices of the peace and selectmen in each town shall conBoard of health how constitu- stitute a board of health, and have all the power necessary and proper for ted: its powers. preserving the public health and preventing the spread of malignant diseases therein, and may appoint its president and such health officers or health committees as it may deem expedient, and delegate to them any of its powers, and the members present at any meeting convened as the board shall direct, shall be a quorum for business; and may appoint a clerk, who shall be sworn and shall record the acts of such board. Its dlty tO SEC. 2. Such board, or such health officers, or health committees shall examine into nuisances. &c., examine into all nuisances and sources of filth injurious to the public anti to reinove them. health and cause to be removed all filth found within the town,.which in their judgment shall endanger the health of the inhabitants; and all expenses for such removal shall be paid by the person who placed it there, if known, and if not known, by the town; and when any such filth or nuisances shall be found on private property, such board shall notify the owner or occupant of such property to remove the same at his expense, within such time as the board shall direct; and if he shall neglect to remove it, he shall be fined not less than twenty dollars nor exceeding Expenses of re- one hundred dollars, and pay such expense and costs as the town shall morval, how paid. incur by such removal; and after the expiration of such time, such board shall cause such filth or nuisance forthwith to be removed or abated; and Board of health or their officers, such board, or such health officer or committee as it shall direct, may enter may enteplaces all places, where such board shall have just cause to suspect any such containing ilth. nuisances or causes of filth to exist. 1874. SEC. 3. It shall bo sufficient notice to all persons of any regulation of Notices. such board, if it be published in a newspaper published in the town, or posted for three days on each sign-post in said town; and if any person shall wilfully violate such rules, after they have been so published or posted, or after actual notice thereof shall have been given to him, he Penalty for shall forfeit not less than fifteen dollars, nor exceeding one hundred v'iolating them. dollars. 1805. SEC. 4. The board of health, in any town contiguous to navigable waters, what vessels are may assign within the town, or the waters contiguous thereto, the port or olJrbject to.~ceI place in any harbor, road, river or bay, where vessels coming into the limits of such town or into such contiguous waters, shall, if need be, perform quarantine; and every vessel which shall, between the first day of June and the first day of November, come from any foreign port or place, or from any port or place in the United States s6uth of the capes of the Delaware, and come to anchor in any such harbor, road, bay, river or contiguous waters, if any place for quarantine shall have been assigned as aforesaid, shall come to anchor and lie at such place so assigned, and at no other place, until dis Chap. 11.] PUBLIC HEALTH AND SAFETY. 259 charged in manner as is hereinafter provided; and the master of every ves sel coining to anchor as aforesaid shall forthwith make signal for a health officer by hoisting colors in the shrouds, or. if need be, may send a person on shore, who shall notify the health officer of the port, or if there be no health officer, a member of the board of health, of the arrival of such vessel, and forthwith return on board; but the provisions of this section shall not What vessels are not subject apply to any such vessel which shall have entered any port or place in the to quarantine. United States north of said capes, where there are quarantine regulations, and been visited by a health officer, received a clean bill of health, and been permitted to go to the wharves and unload thereat; and such clean bill of health, or a certified copy thereof, shall be left with the collector of the port within twenty-four hours after the arrival of such vessel. SEC. 5. WVhen the board of health in any town shall deem it expedient vetsels froml Northern home that vessels arriving in its town or in the waters contiguous thereto, from ports. any port or place in the United States, north of the capes of the Delaware, should perform quarantine, such board may by an order, published or posted as aforesaid, subject such vessels to quarantine in the same manner as if they arrived from a foreign port or place. SEC. 6. Any vessel subject to quarantine, arriving in the harbor of 1v45. 8is0. Vessels arriving New Haven, on board of which there shall be no sickness at the time of at New haven. such arrival, or on board of which, during the passage, there shall have been no case of malignant or contagious disease, may come to and makle fast at the end of any public wharf in said harbor, without incurring any penalty for violation of the quarantine laws; but no person shall be allowed to leave said vessel, except to make fast to the wharf, until said vessel shall have been visited by a health officer, and by him discharged from quarantine; and if the health officer, on visiting any such vessel, shall find any such sickness on board as, in his opinion, shall make it proper for him to When,health cause such vessel to continue subject to quarantine, he shall order it to be order such vessel removed. removed to such place as shall be assigned as a place of quarantine. SEC. 7. On notice given to a health officer or member of the board of Dutyeof health officers, on arrihealth of the arrival of any vessel as aforesaid, he shall visit it without val of such vesdelay, and may, on examination, give a certificate of health, discharging -May give certifiit from quarantine, or cause it to continue subject to quarantine; and every vessel so subjected to quarantine shall perform quarantine under the regulations of such board of health. SEC. 8. The board of health may establish the fees, not exceeding five Fieel of health officers. dollars, which the health officer shall be entitled to receive for visiting a vessel as aforesaid, and the master or owner of such vessel shall pay the same to such health officer. SEC. 9. No master of any vessel, liable to perform quarantine as afore- Penalty for attempting to said, shall fraudulently attempt to elude a quarantine by false declarations elude quaranof the port or place from whence he came, or land, or suffer to be landed from his vessel any person or thing except in the manner herein before provided, nor permit any person to board such vessel, before it shall have been visited as aforesaid. SEC. 10. When a health officer or member of the board of health, shall, Health officers may order veson visiting any vessel as aforesaid, think it necessary that it should be sel to be cleansed or purified, he shall direct its master to hoist a white flag on the head of the mainmast, there to be kept during the day time; and shall apply without delay to the board of health to direct the time and manner in which 260 INTERNAL POLICE OF TiIE STATE. [Title 16. the cargo on board such vessel shall be, in part or in whole, cleansed or purified; and such vessel, or such part thereof as may be infected, shall be cleansed in such method as such board shall direct. And when such vessel shall contain any person ill of a contagious or infectious disease, he shall Persons dis- be removed on shore to such place as said board may direct, and nursed eased, to be removed and se- and provided for, in the manner prescribed by law. And such board cludcled. may also cause any passenger on board, and such of the mariners as the master shall not require to continue on board, to be removed on shore and Penalty for es- secluded for fourteen days, in such place as the board shall direct; and casping, or if any person shall, without such permission, visit any person so confined, associating with those who es- he shall be deemed to be contaminated with infection, and be liable to the same confinement and penalty as are imposed upon the person visited. Certificates ob- SEC. 11. If the board of health shall find that any certificate of health taked by fraud, granted by them was obtained by fraud or false representation, or be of void. opinion that any vessel, person, or cargo, should perform further quarantine for the purpose of being cleansed or purified, on notice thereof being given by the board to such person, or the owner, master, supercargo or consignee, of such vessel or cargo, as the case may be, the same shall in all respects be liable to be proceeded with in the same manner as if no certificate of health had been given. Board may in- SEC. 12. The board of health of any town may interdict communicaterdict cornlmunication tion between it and any other town or place in which any contagious or witll inf'ected places. malignant disease is prevalent. Ta'verners to SEC. 13. Every taverner or lodging-house keeper, in whose house any give notice of sick lodgers. lodger becomes sick of any malignant or contagious disease, between the first day of May and the first day of November, shall within twelve hours after such lodger becomes sick, report in writing to the board of health or health officer, the name of such person if known, and the nature of his disorder. HIow board may SEC. 14. When any person shall refuse to obey any legal order given enforce its orders. by a board of health, or shall endeavor to prevent it from being carried into effect, any justice of the peace, on the request of such board, may issue his warrant to any proper officer or if need be, to any indifferent person, therein stating such order, and requiring him to carry it into effect, and such officer or indifferent person shall execute the same. Fnes. how ap- SEC. 15. All fines imposed for the violation of any provision of this proprisated. Chapter relating to public health, or regulation of any board of health, shall be paid to the town in which the offence is committed, and constitute a fund in such town, subject only to the order of such board, to be by it applied to its contingent expenses, and to the relief of such poor persons in the town as may be ill with malignant or infectious disease, or to the prevention of such disease. SEC. 16. The board of health in any town may order any person, whom Persons sick of they may have reasonable ground to believe to be infected with any maligcontagiogous disease may be nant, infectious, or contagious disease, into confinement in any place to be conlined. n designated by said board, there to remain so long as said board shall judge necessary. 182S. SEC. 17. Boards of health may adopt such measures for the general Boards of health vaccination of the inhabitants of their respective towns as they shall deem may adopt roles tpe ptierhe for vaccination. proper and necessary to prevent the introduction or arrest the progress Chap. 11.] PUBLIC HEALTH AND SAFETY. 261 of small-pox, and the expenses in whole or in part of such general vaccination shall upon their order be paid out of the town treasury. SEC. 18. Every person who shall refuse to be vaccinated, or prevent Forfeitlre for refuo:in' to be any person under his care and control from being vaccinated, on applica- vaccinateed. tion being made by any member of the board of health, or by a physician employed by the board of health for that purpose, unless, in the opinion of another physician, it would not be prudent on account of sickness, shall forfeit five dollars to the town where the offence shall be committed. SEC. 19. Every person who shall violate any provision of the preceding General sections of this Chapter, for which no other penalty is provided or provision penalty. made, shall be fined not exceeding five hundred dollars or imprisoned not exceeding six months, or both. SEC. 20. The selectmen of any town may, by their written order, direct O s32. Order fior the the owner or person having charge of gunpowder, within the limits of removal of gulnsuch town, to remove the whole or any part of it at the time and to the powder. place in said order specified; and if he fails to do so, may cause it to be removed to any place in said town, and shall have a lien upon it for all necessary expenses in removing and keeping it. SEC. 21. No person shall keep more than fifty pounds of gunpowder Only fifty pounds to be in in any one place in any town, except at such place as may have been one place, expreviously designated by the selectmen for that purpose. cept, &c. SEC. 22. If any person shall consider himself aggrieved by the doings Petition for roof the selectmen, under the two preceding sections, he may petition the lief, &c. next Superior Court, which may grant the proper relief; but nothing contained herein shall be construed to prevent the transportation of gunpowder, or its deposit for transportation, during a period not over fortyeight hours. SEc. 23. The selectmen of said town may grant permission to any per- When selectson to use explosive material therein, when, in their opinion, the same will men may g'rant not be dangerous to life or property, but if in their opinion the same will use explosive not be dangerous to life, but may be dangerous to property, they shall not grant such permission to any one who is not of sufficient responsibility to pay all damages which may happen by such use of it. SEC. 2-14. Cities, boroughs, and towns may, at any legal meeting, duly ls6s. warned for the purpose, appoint inspectors of illuminating oils and burning Appointment or t fluids, and make by-laws regulating the inspection of the same within their burning fluids. respective limits; and the inspectors so appointed shall make complaint to the proper authority for all infringements of the law regulating the mixture or sale of naphtha and illuminating oils. SEC. 25. In all cities the Court of Common Council, in all cities the Court of Common Council, in all boroughs the 74. warden and burgesses, and in all towns and parts of towns not within the Public halls to be made safe. limits of any city or borough, the selectmen, shall require that all public halls for lectures, exhibitions, or amusements shall have ample facilities for entrance and exit, and be arranged so as to promote the comfort and safety of persons visiting them, and be closed till such requisitions are complied with; and any city, borough, or town may make suitable by-laws regarding the same. SEC. 26. Every person who shall let or use any hall for such purpose, Letting or using after it shall have been ordered to be so closed, shall forfeit one hundred loa, contraery dollars to the city, borough, or town by the authorities of which such order was made. 202 INTERNAL POLICE OF TTIE STATE. [Title 16. Appeal lby SEC. 27. Any person ag,rievect by any order closing such hall may arieved party. appeal therefrom to a judge of the Superior Court, whllo shall, on notice, inquire into the facts by a committee or otherwise, and may make such order in the premises as to him may seem proper, and tax costs in favor of the prevailing party and issue execution therefor. Cities may SEC. 28. The Court of Common Council of each city shall have power to maike ordinances to pre- make ordinances to prevent the erection of unsafe buildings therein; to vent the erection of unsafe provide for the examination of all plans and specificatiors of proposed builditngs. buildings; to provide for the inspection of all buildings in process of erection; to make general rules regarding the materials to be used in building, and the strength and manner of using the same; to prohibit the erection of any building not in conformity with such rules, and the plans and specifications of which shall not have been examined and approved in MIay appoint an accordance with such ordinances; and to provide for the appointment of inspector of building-s. an inspector of buildings. 1s74. SEC. 29. The selectmen of any town may, and on the written applicaP'ower of selectmen as to build- tion of any of its inhabitants shall, examine any building or proposed iles, in reference to public buildling therein with reference to its safety, after reasonable notice to the andi private scafety. owner or builder and occupant, and may make such written order relative to its construction, maintenance, protection, repairs, or removal as they may deem proper; a true and attested copy of which shall be left by some proper officer with or at the usual place of abode of such occupant, and such oawner or builder if resident in this State. Owner, &c., SEC. 30. Such owner, builder, or occupant may appeal from such order ma alppea.. to the Superior Court of the county in which said building is, or to any judge of said court in vacation, by a petition, to which shall be annexed a citation to the town, which shall be served within three days after the service of such order, and be returnable within three days after the service of such petition; and upon such petition such court or judge shall appoint three disinterested freeholders to view the premises and report to such court or judge such an order as they may deem expedient in reference thereto, which, being accepted, shall become effectual between the parties to the appeal; and said court or judge may award costs at discretion. Execution of SEC. 31. If any final order shall not be executed within ten days after iillal order, its service by copy, or, if made on appeal, after its acceptance by such court or judge, the selectmen shall execute it, and the person who failed to comply with it shall pay to the town the expense of its execution and forfeit not more than one thousand dollars, half to said town and half to any informer. Chap. 12.] SEWERS AND DRAIINS. 2C3 CHAPTER XII. Sewers and Drains. PART I. Sewers. PART II. Drains, and Drain Companies. PART I. Sewers. SECTION SECTION 1. Commissioners of sewers. S. When owners of lands may petition for 2. Meetings of proprietors. power to drain across land of others. 3. Appointment of clerki and committee, and 9. Court to appoint freeholders to determine improving and keeping drains in repair. mode, and damages. 4. Appointment of scavengers. 10. Re-assessment of damages. 5. Duty of scavengers. 11. When re-assessment may be set aside. 6. May be ordered to repair drains. 12. Costs of application for re-assessment. T. Incumbrances on banks. how removed. 13. Costs of originial petition. SEC. 1. The Superior Court in any county, upon the petition of the major 1711. 1750. 1821. part of the proprietors of any low lands therein, served on the other proprie- Commissioners tors in the same manner as a petition in equity, may appoint and fix the com- their powers. pensation of two or more commissioners of sewers, to be duly sworn, and account to said court when required, with power to drown, ditch, drain, or dam such lands in such manner as they may deem proper; and they may employ workmen, and assess such proprietors, to defray the charges, according to their quantity of land and the benefits which they receive, in such proportion as the commissioners may deem just; and may appoint and swear a collector, who shall collect such assessments and pay the same to such persons as said commissioners shall appoint; and if any proprietor shall neglect to pay his assessment, the others may pay it and hold his lands until the profits thereof shall, in the judgment of the commissioners, re-imburse them; and any person aggrieved by the proceedings may, within thirty days after such proceedings, appeal to said Superior Court. SEC. 2. All meetings of the proprietors shall be warned, on application 1728s. of any three of them, by a notice specifying the time, place and object of ie750igs. 1864. the meeting, signed by a justice of the peace, directed to some proper person, prietors. and served by reading the same to, or leaving a copy thereof with each proprietor, or by posting a copy on the sign-post in the town or towns where such lands are, and publishing the same in a newspaper published in the county, at least twelve days before such meeting. SEC. 3. The proprietors, in any legal meeting, may, by a major vote, com- Appointment of puted according to the value of their interest in such lands, appoint a clerk, clek and comwho shall be sworn, may vote to kteep in repair any dams, drains, or ditches made by the commissioners, and may appoint a committee of not more than three to set out to each proprietor his part of any such dam, drain, or ditch, computed according to the value of his interest in the land, and report their doings, in writing, to the clerk, who shall record the same; and each proprie- 1s8. tor, his heirs and assigns, forever after, shall keep open and repair his part of Improving and such dams, drains, and ditches; but the proprietors may, at any subsequent in repair. time, cause a new apportionment of the same. The proprietors may contract with any person to construct and maintain such works as will effect the 264 INTERNAL POLICE OF TIHE STATE. [Title 16. flowing, draining or other improvement of said lands, and in payment convey to him any rights of way or of water in or upon said lands, but he shall pay to any proprietor such actual damage as he shall sustain thereby, to be estimated by the commissioners of sewers; and they may agree that such drains and ditches shall be cleared and such dams repaired by said commissioners, who may do the same a.lnd assess and collect the expense thereof as provided in the first section of this Chapter. 172s. SEC..4. Such proprietors may, once in two years, appoint scavengers 1732. 1750. Appointment of from their own number, who shall be sworn; and if any person so appointed scavengers. shall neglect to take such oath after a citation from a justice of the peace, he shall forfeit four dollars to the use of such proprietors; and they may fill any vacancy in said office. 1728. 1750. SEC. 5. The scavengers shall, from time to time, inspect all clams, drains Duty of scavengers. and ditches, and warn any proprietor, whose part is deficient, forthwith to repair it; and if he shall not, within five days after such warning, clear and repair it to their satisfaction, they may forthwith cause the same to be done; and he shall pay them double the expense, unless within ten days he apply to the selectmen of the town where the land lies, to estimate such expense anew, in which case he shall pay to the scavengers double the expense so estimated by said selectmen. 1S57. SEC. 6. The proprietors of such lands may direct their scavengers to keep M1ay be ordered to repair drains. their dams, drains, and ditches in repair, and collect the expense thereof in the same manner as commissioners of sewers might do. 1670. 1702. SEC. 7. The scavengers may remove, as a common nuisance any incumIncumbralces n on bank, how hrance to the cleaning and repairing of any such dam, ditch, or drain, set on removed. its bank without liberty from the proprietor. 1S53. SEC. 8. When the owner of any land may wish to drain it, and is unable when owners of.lands may peti- to agree with the proprietors of adjacent lands as to the mode of draining tion for power to drain across it, and the damages, he may prefer a petition to the Superior Court in the land of others. county where such land is, for power to drain it across the lands of such adjoining proprietors; which petition shall be served on them as petitions in equity. * 1S53. 1858. SEC. 9. Upon such petition the court may appoint three disinterested freeCourt to appoint freeholders to holders of the town where such land is situated, to determine the best mode determine mode and damages. of draining it, and the damages which will thereby accrue to the adjoining proprietors; and said freeholders shall report, in writing, their doings to said court, and all persons interested therein may appear and remonstrate against the acceptance of said report, for any irregularity or improper conduct; and if such report be accepted, it shall be conclusive except as to the matter of damages; and said court may c-rder the draining of said land to be done in accordance with the report. Re-assessment SEC. 10. Upon motion of either party the court shall appoint three other of damages. disinterested freeholders of said town to re-assess the damages, who shall report their doings in writing to the same or the next court. Then re- SEC. 11. The court may set such report aside if, upon exception taken, assessment may. be setaside. it shall appear to it that said freeholders have conducted improperly; otherwise their report shall be conclusive as to the assessment of damages; and if the court shall set aside the report of said freeholders, it shall order three other disinterested freeholders to re-assess the damages as aforesaid. * This does not authorize construction of drain discharging water upon the land of another, without providing means for conducting it off such land. 24 Conn., 175. Chap. 12.] SEWERS AND DRAINS. 265 SEC. 12. If they shall not increase the damages, the applicants for such Costs of appli-'Zn~~~~~ ~cation, how re-assessment shall pay the costs of the application. paid. SEC. 13. The costs of the petition,'except as provided in the preceding Costsoforiginal petition. section, shall be taxed at the discretion of the court. PART II. Drains and Brain -Companies. SECTION SECTION 1. Drain companies organized by Superior 7. Drain companies may annex adjoining Court. lands. 2. Drain companies to hold annual meetings. S. Petition for altering bounds of company, 3. Powers of drain companies. how brought. 4. Duties of scavengers. 9. When scavengers shall re-adjust interest 5. Powers of collectors. of proprietors. 6. Drain companies organized under a call by 10. Service of process on drain companies. a justice of the peace. 11. Petitions to be disposed of at first term of court. SEC. 1. When the majority of the proprietors of any low lands, or, if 1861. there are more than twenty of such proprietors, when not less than ten of low landets maof them, shall bring their petition to the Superior Court in the county, where organize drain such lands or the greater portion of them are, praying for leave to remove order of Supeany obstructions to the passage of the water, which occasions the overflowing of such low lands, or to open any new drains, or to flow and drain such lands, or to make dams to prevent the water from overflowing such lands, which petition shall be served on the other proprietors as petitions in equity are served, said court may authorize the organization of all of said proprietors, who may be benefited as aforesaid, under such name as it may approve; and shall fix the bounds of said company, and appoint two persons to be its scavengers, the one first named to hold office for one year, and the other for two years, and until their successors are chosen by the proprietors, at their annual meetings, and duly sworn. Said scavengers shall call the first meeting of said company, at such time and place, and on such notice, as the court shall direct; at which meeting, the proprietors may appoint the officers named in the succeeding section, and do any other business which they may thereafter do at an annual meeting. SEC. 2. The company shall hold an annual meeting, at such time and Drain compapla~ce, and upon such notice, as it shall have previously agreed upon, wheiwn n~ies to holdt,nplace, and upon such notice, as it shall have previously agreed upon, whe nual meetings. it shall choose a clerk, who shall be swuorn, a treasurer, a collector of taxes, and one scavenger, the last of whom shall hold office for three years, and until his successor is duly chosen and sworn. The company may fill any vacancy in any of the offices at any meeting. SEc. 3. The company may direct its scavengers to remove any obstruc- Powers of comtions to the passage of the water, or erect or keep in repair any dam, or to panics. open any new drain, or ditch, and to lay taxes to meet the liabilities of the company, and to do and perform any other services contemplated in this Part, or necessary to carry the same into full effect. SEc. 4. The scavengers shall be sworn; shall warn all meetings of the Duties of scarcompany according to its rules; call a special meeting upon the written engers. request of three proprietors, and at such other times as said scavengers 266 INTERNAL POLICE OF THE STATE. [Title 16. shall deem best; make out all rate bills for taxes, and procure a warrant for their collection from a justice of the peace; draw all orders on the treasurer; have the general management of the affairs of the company; determine, within four weeks next after its organization, and within four weeks next after the annual meeting, once in five years thereafter, and oftener if required by the company, the quantity of land which each proprietor owns within the limits of the company, and the proportion of benefit which he will receive from the improvements made by the company; and shall cause their doings to be recorded by the clerk of said company, and may at any subsequent time correct any manifest error therein, and report the same to the clerk to be recorded; and all votes shall be counted, and taxes laid, in proportion to the interest as thus determined; and they shall make a written report of their doings to each annual meeting, and, with the collector, receive such compensation as the company determines. Powers of col- SEC. 5. The collectors of taxes shall have the same authority, be entitled lectors. to the same fees, and be liable to the same penalties as collectors of town taxes. 1862. SEC. 6. Any justice of the peace, upon the application of the proprietors, Drain companies ortganized or if there are more than twenty of them, of not less than ten, of low lands at the call of a justice of the under the charge of commissioners of sewers, may issue a citation to all peace. the proprietors, to be served in the same manner as a petition in equity, to meet, at some specified time and place, within the town where said lands or a portion of them lie, to organize a drain company; and at such meeting the proprietors may, by a three-fourths vote, computed according to the value of their interests, organize as such, under such name as they may select, with the powers of drain companies organized by the Superior Court, and may appoint two additional scavengers, one to hold office for two years and one for one year; and thereafter the commissioners of sewers shall exercise no powers within the limits of such company. 1864. SEC. 7. Any drain company may, by a two-thirds vote, annex to its Drain compalies may anllex bounds any adjoining land, on the written application of its owner, and adijoining lands. dn lnsadmit him to the company, which application shall be recorded by the clerk of the company. Petition for SEC. 8. The scavengers of any drain company, when authorized, by a altering bounds of conmpaniy, two-thirds vote of the company, to take action to alter the bounds of such how brou'ht. company, or to annex other land, may bring their petition therefor to the Superior Court for the county in which such lands are, accompanied by a summons to the adverse parties, which shall be served in the same manner'as petitions in equity; and said court may grant the petition, and may tax the costs as it shall deem just, and shall fix the bounds of said company. WNhen scaven- SEC. 9. When any change shall be made in the bounds of a drain comjest i ntelstalf panty or in the ownership of lands therein, the scavengers shall re-adjust proprietors. the proportional interests of each proprietor affected by such change, and cause their doings to be recorded by the clerk. Service on drain SEC. 10. Service of process against a drain company shall be made on comcpanies. the scavengers, and they shall prosecute and defend all actions brought by or against it. Petitions to )e SEC. 11. All petitions, brought in accordance with the provisions of this disposed of at first term of Part, shall be disposed of at the first term of the court, unless continued by court. order of the court, upon payment of costs, or, by agreement; and no further continuance shall be allowed except upon motion and the payment of costs, Chap; 13.] SHEEP AND DOGS. 267 or by agreement; and when continued upon motion, no costs shall thereafter be taxed for said term in favor of either party. CHAPTER XIII. Sheep and Dogs. SECTION SECTION 1. Two justices may make rules relating to 4. Damage done by dogs of different owners. dogs: when dos nmay l)e killed. 5. Owner or parent, &c., of owner when 2. Towns may exercise the same powers. liable. 3. Damage done to sheep, by dogs, how paid. SEC. 1. Any two justices of the peace in any town may, at any time, 165. make such rules for confining or destroying dogs therein, as they shall Two justices of peace may make judge reasonable for the security of the inhabitants or their property, and rules relating to such rules shall be published by advertising the same in a newspaper published in such town, if any there be, and posting the same on the sign-posts in such town. And all dogs which shall not be confined agreeably to such When dogs may rules, or which shall be found mad, or justly suspected to be mad, or found be killed. doing or attempting to do mischief when not under the care of any person, may be killed, and the selectmen shall cause any dog, found killing or worrying any sheep or lambs, to be killed. SEC. 2. Any town may exercise the powers conferred upon the two 185s. juslices of the peace by the preceding section, and may offer a bounty for ercise like powthe destruction of any dog, not kept in conformity with all legal regulations ers. for keeping, taxing, licensing and restraining dogs. SEC. 3. Damage done by dogs to sheep or lambs, proved to the satisfac- 1s83. tion of the selectmen to have been committed in their town, shall be paid by doma;gs, hown such town; and it may recover such damages, when paid, from the owner paid. or keeper of such dogs. SEC. 4. When any sheep or lambs shall have been damaged by two or Damage done more dogs at the same time, kept by two or more persons, the owners or dforegt ofwnef. keepers of such dogs shall be jointly and severally liable to the owner of such sheep and lambs for such damage. SEC. 5. WVhen any dog shall do any damage, either to the body or 178s. property of any person, the owner or keeper, or if the owner or keeper be a Owner tl or pa minor, his parent or guardian, or if he be an apprentice, his master shall ow,,er. when pay such damage, to be recovered in an action of trespass.* * Persons owning dogs severally, are not jointly liable. 2 Conn., 206. Various points in relation to the liabilities of owners of dogs. 31 Conn., 121. 268 INTERNAL POLICE OF THE STATE. [Title 16. CIHAPTER XIV. intoxicating Liquors. PART I. Licenses. PART II. Prosecutions and Forfeitures. PART I. Licenxes. SECTION SECTION 1. Licenses. how granted. 7. Licenses for sale of ale, beer and Rhine 2. Form of license, dluration, and revocation. wine. 3. Transfer of licenses. 8. Selectmen to notify licensed dealer not to 4. License to be framed and hung up. sell to drunkards, when. 5. License fees. 9. Damages, by wholn and how paid for iu6. Application for license; town may vote jury done by intoxicated person. that no licenses be glranted. 1872. 1874. SEC. 1. The County Commissioners of each county shall, upon the recomLicenses, how granted. mendation of the selectmen of the town in which such business is to be carried on, license, by a writing signed by them, suitable persons to sell or exchange intoxicating liquors in said county; but before any person shall receive a license, he shall file with said Commissioners a joint and several bond to said county in one thousand dollars, with sufficient surety, for the due observance of all laws relating to intoxicating liquors. Form oflicense, SEC. 2. Such license shall specify the town and the particular building duration, and revocation. or place in such town, in which such liquor may be sold, and shall not authorize such sale elsewhere; but the County Commissioners, upon the recommendation of the selectmen of the town, may indorse on the license permission to the person licensed to remove his business from one building to another in such town, which shall be effectual therefor; and his license shall be revoked by the Commissioners, if he shall sell intoxicating liquors contrary to law, or for any violation of the succeeding sections of this Chapter; and all such licenses shall expire, annually, on the last day of October. 1874. SEC. 3. A license shall be transferable by consent of the County Comr Transfer of licenses. missioners; but the person to whom it is transferred shall make the same application, procure the same recommendation, and execute the same bond as was required of the person to whom such license was issued. 182. SEC. 4. Every licensed person shall cause his license to be framed, and License to be framed and hung in plain view in a conspicuous place in the room where intoxicating liquors are offered for sale. 1872. 1874. SEC. 5. Every person to whom such license is granted shall, except as License fee hereafter provided, pay to said Commissioners not less than one hundred dollars nor more than five hundred dollars therefor, as they shall determine in each particular case, and in the same proportion for a part of a year; and they shall pay all sums received for licenses to the town in which the business authorized by such license is to be carried on. Aipplication for SEC. 6. Any license granted by said Commissioners shall be void, if the license. application therefor shall not be in writing, signed by the applicant in person, and a copy thereof left with the town clerk of said town and kept by him on file in his office, subject to public inspection, for two weeks before the license shall be granted; or if a recommendation therefor shall be made Chap. 14.] INTOXICATING LIQUORS. 269 by the selectmen of such town, after it shall have voted at its annual meeting by ballot, that no such recommendations should be made for one year thereafter; but the polls for any such vote shall remain open during the same hours as for the other ballots cast at said meeting. Said town may, Town may vote that no licenses at said meeting, and at no other time, vote that such recommendations may be granted. be made generally for licenses for the sale of all kinds of intoxicating liquors, or only for the sale of ale, lager beer and Rhine wine. SEC. 7. If said town shall vote at said meeting that its selectmen may 18in' Licenses for recommend to said Commissioners persons to sell only ale, lager beer, and sale of ale, beer and Rlhine Rhine wine therein, or in the absence of any vote at such meeting, said wine. Commissioners may, upon such recommendation, so license such persons upon the payment to said Commissioners of fifty dollars in each case. SEC. 8. When any person shall complain to any of the selectmen of any Selectmen to notit'v licensed town, that his or her father, mother, husband, wife, or child is addicted to deatlers not to sell to drunkthe use of intoxicating liquor, and request said selectmen, in writing, to ards, when. notify the licensed dealers in said town not to sell, exchange, or give any intoxicating liquor to such father, mother, husband, wife, or child, such selectmen shall forthwith notify, in writing, every licensed dealer in said town that such request has been made, and that the sale, exchange, or gift of intoxicating liquor, ale, lager beer, or Rhine wine to such father, mother, husband, wife, or child is forbidden by law. SEC. 9. Whoever shall sell intoxicating liquor to any person who thereby 1872. Damages, by becomes intoxicated, and while so intoxicated shall, in consequence thereof, whom and how paid, for injury injure the person or property of another, shall pay just damages to the done by intoxicated person. person injured, to be recovered in an action on this statute; and if the person selling such intoxicating liquor is licensed, the recovery of a judgment for such damages shall be conclusive evidence of a breach of the bond. PART II. Prosecutions and Forfeitures. SECTION SECTION. 1. Prosecuting agents, their duty and pow- 8. Liquor seized and declared a nuisance, how ers. disposed of. 2. Compensation of prosecuting agents. 9. Persons found intoxicated may turn State's 3 Compensation, how paid. evidence. 4. Liquor, when a nuisance. 10. Proceedings against liquor, civil actions. 5. Warrants to seize liquor, when and how 11. Proceedings on appeal, &c., to be conductissued. ed by State's Attorney. 6. When liquor is seized, how to proceed and 12. Contracts, &c., for liquor, when void. who may appear. 13. Importers may sell in original packages. 7. Costs of proceedings, how paid. SEC. 1. The County Commissioners of each county shall appoint one or 1s74. Prosecuting more persons residing therein, to be prosecuting agents, who shall diligently agents. their inquire into and prosecute all violations of the laws relating to the sale of e.nd wintoxicating liquors, and shall have and exercise in any town or city in said county the powers of grand jurors of said town, or prosecuting officers of said city, in prosecutions for such violations; and in such prosecutions, tried in the Superior Court, shall render such aid and give such information as the State's Attorney may require; and they shall render monthly reports of their doings to said Commissioners, who shall remove them for cause and appoint others in their stead. 20 2 70 INTERNAL POLICE OF TtIE STATE. [Title 16. Compensation SEC. 2. Every prosecuting agent appointed under the provisions of the of prosecuting agents. preceding section shall be paid, in lieu of all other fees and allowances to him, ten dollars for each case commenced and prosecuted by him before a justice of the peace, City or Police Court, or before the Superior Court; but not unless the court taxing the costs is of opinion that the prosecution was brought in good faith and upon probable cause; and the selectmen of the town in which the offence is committed shall draw their order on the town treasurer, in favor of such agent, upon the certificate of such justice of the peace or the clerk of such court, stating the name and title of the cause, and of the person who acted as agent in the prosecution thereof. Compensation, SEC. 3. The payments authorized to be made under the preceding section shall be taxed by such justice of the peace, or court, in the bill of costs against the accused, if he be found guilty; and, when collected, shall be paid by said justice or the clerk of such court to the town which shall have been required to pay the same to such prosecuting agent. Liquor, when a SEC. 4. All intoxicating liquor, intended by the owner or keeper thereof nuisance. to be sold in violation of law, shall, with the vessels in which it is contained, be a nuisance.* 1854. SEC. 5. Any justice of the peace or court, having cognizance thereof in Warrants to seize liquor, any town, may, upon the sworn complaint of three residents of such town, when and how issued. of good moral character and of full age, alleging that intoxicating liquor, described as to the kind, and the place, and owner or custodian thereof with reasonable certainty, is owned or kept by any person, and is intended to be sold by him contrary to law, issue a search warrant, upon finding probable cause for said complaint, directed to a proper officer for service, describing in the manner aforesaid said liquor, place, and owner or custodian, and commanding him to search said place, seize said liquor, with the vessels containing it, and keep the same securely until final action be had thereon; whereupon the officer to whom said warrant shall be delivered shall, as far as possible, execute and return it; but if the place to be searched be a dwelling-house in which any family resides, and in which no place of public resort is kept, such warrant shall not be issued unless one, at least, of said complainants shall, on oath or affirmation before said justice or court, declare that he believes that, within one month next before the making of said complaint, intoxicating liquor has been, in violation of law, sold in said house, or in some dependency thereof, by the person accused in said complaint, or by his consent or permission, nor unless said justice or court shall find that said complainant has adequate reason for such belief.t When liquor is SEC. 6. When such liquor shall have been seized, the justice or court seized, how to proceed and issuing said warrant shall, within forty-eight hours after such seizure, cause who may appear. to be posted upon a public sign-post in said town, and to be left at the place -where said liquor was seized, if a dwelling-house, store, or shop, and to be left with or at the last usual abode of the person named in said complaint as the owner or keeper of said liquor, if such person be a resident of this State, a summons to him and all others whom it may concern, * This section is constitutional. 25 Conn., 290. t Officer cannot search for or seize other liquors than those specified in the complaint. 26 Conn., 428. What oath to complaint sufficient. 30 Conn., 450. A store part brick and part wood sufficiently described as a brick store. Id. Service of a warrant need not be limited to the day time. 25 Conn., 278. No objection to the warrant that it directs the search in several different places. 27 Conn., 447. Omission of constable to give bond cannot be pleaded in abatement. 25 Conn., 278. This is a proceeding in rem. 37 Conn., 425. Chap. 14.] INTOXICATING LIQUORS. 271 to appear before said justice or court at a place and time named, which shall be not less than two nor more than four weeks after posting and serving such summons, and show cause why said liquor should not, with the vessels containing it, be adjudged a nuisance; and said summons shall, with reasonable certainty, describe said liquor and vessels, and state where, when, and why, the same were seized. If the person named in said complaint, or any person claiming an interest in said liquor or vessels, shall appear, he shall become a party defendant in said case. Said complainants, or either of them, or any grand juror of the town may, and upon the failure of such complainants and grand jurors, the officer having such liquor in custody shall, appear and prosecute said complaint; and if the court shall find the -llegations of said complaint to be true, judgment shall be rendered that said liquor, or said part thereof, with the vessels containing it, is a nuisance.* SEC. 7. If no person appears to defend, or if judgment be in favor of costs of proceedin5s, how all the defendants who appear, the costs of the proceedings shall be paid by paid. the town; if the judgment shall be against only one defendant, he shall pay the costs of the proceedings in the seizure and detention of the liquor claimed by him up to that time, and of said trial; but if such judgment be against more defendants than one, claiming distinct interests in said liquor, the costs of such proceedings and trial shall be equitably apportioned among them by said court, and executions therefor may be issued against the property of the defendant or defendants. SEC. 8. The court, rendering final judgment sustaining said complaint, Liqu(or seized n'-anld (leclared a shall issue a warrant to some proper officer, directing him to destroy said ns,,ain.plic(. how liquor and the vessels containing it, and return his doings thereon; and when judgment shall be rendered that any liquor so seized is not a nuisance, the court shall issue a warrant to some proper officer to restore said liquor, with the vessels containing it to the place where it was seized as nearly as may be, or to the person entitled to receive it; and the costs of the proceedings, in such case, shall be paid as in case of a person acquitted of a criminal charge. SEC. 9. If any person found intoxicated, or arrested for intoxication, 18-4. 1858. Persons found shall fully disclose to the prosecuting officer, at his request, from whom ifltloxilatel iiay and when, where and how, he procured the liquor which produced his intoxi- deuce. cation, and shall, in the opinion of such officer, testify fully and freely, on the trial of the person accused of selling him such liquor, such disclosure, or the evidence given by him on such trial shall not be used against him on any prosecution for such intoxication; but if the accused be found guilty, and shall appeal from the judgment rendered against him the court may require such witness to enter into a recognizance, with surety, to testify in said case before the court to which the appeal is taken, and commit him for want of such recognizance. SEC. 10. Proceedings for the seizure of intoxicating liquors shall be pro- 12.5, P'l'OCe(~,~~ 1i 2,' S' ceedings in roeiL and conducted as civil actions, and with the same right of atilr' liti(nir, civil actions. appeal. SEC. 11. All such proceedings brought before any other court than a Proceediinras on sl9pe)al. &:., to justice of the peace, or Police or City Court, shall be tried at the first term of lle c1onductel( by' atate's Attor said court, unless it shall otherwise direct; and shall be conducted by the nel. * Any person appearing and claiming an interest becomes a defendant, and has a separate right of appeal. 37 Conn., 425. 272 INTERNAL POLICE OF THE STATE. [Title 16. State's Attorney, who shall receive the same fees as in criminal causes, to be taxed and paid as in such causes.* ~C0ontr1Si:., SEC. 12. All contracts, conveyances, liens, attachments and securities, bor liquor when any part of the consideration of which is the illegal sale of intoxicating liquor, void. shall be void; and no action of any kind shall be maintained for intoxicating liquor sold in any other State or country contrary to its law, or with intent to enable any person to violate any law of this State, relating to the sale of intoxicating liquor; nor shall any action be maintained for the possession of any intoxicating liquor, held by the owner or possessor thereof contrary to law, or for damages for the seizure of the same; but the provisions of this section shall not affect the holder of any property, or chose in action, who may have taken the same in good faith, without notice of any defect in the inception or transfer of its title. 1854. SEC. 13. Nothing in this Chapter shall be construed to forbid the sale, by Importers may sell in original the importer thereof, of foreign intoxicating liquor, imported in accordance with the laws of the United States regarding its importation; provided said liquor, at the time of said sale, remains in the original casks or packages in which it was imported, and in quantities not less than the quantities in which the laws of the United States require such liquor to be imported, and is sold in said casks or packages, and in said quantities only; nor shall such importer be required to procure a license for the sale thereof, when such sale is made in accordance with the provisions of this section. CHAPTER XV. Weights, Measures, and Inspection Lawvs. SECTION SECTION 1. Standards adopted, to be kept by Treasurer. 14. Thread, quantity to be designated. 2. County treasurers to keep standards. 15. Commercial manures, sale regulated. 3. Selectmen to provide standards. 16. Analysis, procured by secretary of Board o0l 4. Towns may appoint public weighers. Agriculture. 5. Their duties. 17. Fish, inspectors of, how appointed. 6. Towns may regulate scales, and weigher's 18. Fish, how put up and denominated. fees. 19. Barrels, &c., how made. 7. Sealers, duty of. 20. Steam boilers, inspection of. 8. Half bushel, capacity of. 21. Inspectors of, to advise and enforce repairs. 9. One hundred pounds one hundred weight. 22. Where inspectors not to act. 10. Weight of bushel of grain or roots. 23. Standard of gas. 11. Wine measure for milk. 24. Inspectors of gas and gas meters. 12. Measurers of wood. 25. Fees of inspectors of gas meters. 13. Inspectors of leather, hides, &c. 26. Gas to be inspected, &c. 1846. SEC. 1. The set of weights and measures adopted as standards under the Standards adopted, to be resolution of the Congress of the United States, passed June 1st, 1836, and kept by Treasurer. sent to this State, shall be the standard of weights and measures of this State, and be kept in the custody of the Treasurer, at his office, and he shall cause to be tried by such standards, all such weights and measures as shall according to the provisions of this Chapter be presented to him to be tried, and stamp such as shall be found true with the capital letters, S. C. County treas- SEC. 2. The treasurer of each county shall constantly keep, and preserve urers to keep standard in good order, similar weights and measures, and of like materials, and see -weights and ceaslures, &c. * Appeals to be put on civil docket. 36 Conn., 157. Chap. 15.] WEIGHTS, MEASURES, AND INSPECTION LADWS. 273 that they are tried and sealed by said standards; and for any neglect to keep any of said weights or measures shall forfeit to the county treasury seventeen dollars for every three months of such neglect, to be recovered by suit instituted by the State's Attorney for such county; and he shall cause to be tried, by the county standard, all such weights and measures as shall, according to the provisions of this Chapter, be presented to him to be tried, and stamp such as shall be found true with the capital letter C, and also with the letter which begins the name of the county. SEC. 3. The selectmen of each town shall provide weights and measures Selectmen to of the various kinds aforesaid, as standards for such town, which shall be proide'itanldl of sufficient materials, the standards for liquid measure be of copper, brass teasures vrc. or pewter; and cause them to be tried and stamped by the county standards, and also provide pint, quart, and two quart, corn measures, of the same proportionate dimensions as the State standards; and if they fail to provide such standards, or to keep them in good order, shall be fined seven dollars, and after conviction, shall incur a like penalty for every two months that they shall neglect to provide such standards. SEC. 4. The several towns, at their annual meeting may appoint two 1842. Town weighor more public weighers, who shall be duly sworn. ers. SEC. 5. Every public weigher, upon payment of his lawful fees, shall Their duties. accurately weigh any heavy or bulky article of merchandize brought to him for that purpose, and sign and give a certificate of its weight to the person bringing the same. SEC. 6. Towns, whllich appoint public weighers, shall make such regula- Towns may ma1,ke regulations relative to the scales and other apparatus to be used by such weighers, tionsas to scales _lnd weigher's as they may deem necessary for the public protection and convenience, and fees. e prescribe their fees, not exceeding twenty cents for each weighing, to be paid to said weighers, half by the seller and half by the purchaser; or may delegate to the selectmen the powers and duties specified in this section; and the rate of fees so established shall be recorded in the town records, and shall not be changed during the time for which such weighers are appointed. SEC. 7. The sealer of weights and measures, in each town, shall have so00. Duty of sealer the custody of its weights and measures, and annually try the weights of weighlts and and measures used by every person in such town, by the town standards; measures. destroy such as cannot be made to correspond with the standard; and stamp such as are found or made true, with the capital initial letter in the name of the town. SEc. 8. In the sale of charcoal, fruits, vegetables, shell-fish, and all other 1527. is8s. Capacity of the articles sold by heaped measure, one thousand two hundred and eighty-two half bushel, heaped reascubic inches shall constitute a half bushel. he. SEC. 9. In the sale of articles by avoirdupois weight, one hundred 182s. One hundred pounds shall constitute a hundred weight, and two thousand pounds shall pounds avoirdnpois to consticonstitute a ton; and the aliquot parts of a hundred weight, and of a ton, tute a hundred shall be reckoned accordingly. Weight. SEC. 10. Where there is no agreement to sell by any other measurement, 1857. Weight per sixty pounds of wheat, fifty-six pounds of rye, fifty-six pounds of corn, busl1el of r1ain and roots deterforty-eight pounds of barley, forty-eight pounds of buckwheat, thirty-two mined. pounds of oats, fifty pounds of ground corn, or rye, sixty pounds of potatoes, sixty pounds of sugar beets, sixty pounds of mangold-wurzel, sixty pounds of ruta-baga, fifty-five pounds of carrots, forty-five pounds of pars 274 INTERNAL POLICE OF THE STATE. [Title 16. nips, fifty pounds of common English turnips, sixty pounds of white beans, sixty pounds of peas, and fifty pounds of onions, avoirdupois weight, shall, respectively, be deemed to constitute a bushel. SE. 11. All sales of milk shall be made by wine measure. Wine measure for mlkl. SEC. 12. Each town may appoint annually, and oftener if necessary, 1834. MWeasurers of two or more of its inhabitants to be measurers of wood offered for sale A oo. within the town, who shall be duly sworn, and receive such compensation for their services as the town may prescribe; and any of them, on request of the owner of any wood so offered for sale shall, without delay, measure it, and sign and give him a certificate of its quantity. 1841. SEc. 13. Each city may make by-laws regulating the inspection of City inspectors of leather, leather, hides, and skins, within its limits, but no penalty exceeding twenty hides, &c. dollars shall be imposed for any one violation of any such by-laws. 1y69. SEC. 14. Every manufacturer of cotton sewing thread, and every person Quantity of threat to be engaged in putting up such thread on spools, or in packages of one pound desiognated. weight or less, intended for sale, shall before the same is offered for sale affix to or impress upon each spool or package a label or stamp designating its weight or length in yards. Sale of commer- SEC. 15. Every package of fifty pounds or more of commercial manure cial manures regulated. sold, or kept for sale, at over one cent a pound, unless prepared essentially from fish and sold as such, shall be marked with its weight and the name and place of business of the manufacturer or seller, and with a true analysis of the chemical elements and their several amounts contained therein. Secretary of SEC. 16. The secretary of the State Board of Agriculture may procure Board of AYricnltnre maypro- the analysis of any fertilizer offered for sale, and prosecute any persons who cure analysis. violate the provisions of the preceding section. 1522. SEC. 17. The Superior Court in the several counties may appoint in each Superior Court to appoint in- town therein, not exceeding fifteen inspectors and packers of fish; and shall s ectors of fish. take a bond of every person so appointed, for the faithful discharge of his duty, in the sum of one hundred dollars, payable to the county treasurer; and the clerk of said court shall give a certificate of his appointment to each inspector, who may exercise the duties of his office in any town in such county. 1820. SEC. 18. All pickled shad, intended for market, shall be split and well Fish, how punt up for market. cleansed, and pickled in strong brine, and shall remain in such brine at least fifteen days, before they shall be put up for market, and shall be put up in barrels or half barrels, the barrels containing two hundred pounds each and the half barrels one hundred pounds each of fish well packed, with Denominations a sufficient quantity of salt and filled with strong brine; and shad, so put No. 1. up, shall be of three denominations, to wit: shad number one, to consist wholly of shad well saved, free from rust or any defect, with the head and tail cut off, and back-bone taken out, each barrel to contain not more No. 2. than eighty shad, and each half barrel not more than forty. The second denomination shall be shad number two, to consist wholly of those well saved, trimmed, pickled and prepared for packing, in the same manner as shad number one, each barrel to contain not more than ninety shad, and each half barrel not more than forty-five. The third denomination shall be shad numNo. 3. ber three, to consist of such as will not answer for either of the two former numbers, well saved, with the heads taken off; and every inspector, who shall inspect and brand the same, shall designate by each brand the quality, weight and kind of fish contained in each barrel and half barrel, branded Chap. 15.] WEIGHTS, MEASURES, AND INSPECTION LAWS. 275 by him, the year when it shall have been inspected, in figures, the word 4" Conn." and his own name, and the name of the town where said fish was put up. SEC. 19. All barrels and half barrels, containing fish, shall be well made Barrels for fish, how made, and of good seasoned red oak, white oak or chestnut timber; and each tierce their capacity. made with twelve hoops; and each barrel shall be of the capacity of from twenty-eight to thirty gallons, and each half barrel of the capacity of fifteen gallons andl a half. SEC. 20. The Governor shall appoint, in each congressional district, an 18s4. 186s8. InsJpection of inspector of steam boilers used for manufacturing and mechanical purposes, steam boilers. who shall hold office for three years, and shall as often as once in each year carefully inspect every such boiler in his district, whose owner has not a certificate of its inspection for said year, issued by a company incorporated by this State for the purpose of inspecting steam'boilers; and if he finds such boiler to be in good order and free from weakness and defects, he shall give a certificate of inspection to the party using it.* SEC. 21. If said inspector finds any boiler out of order, weak or defect- 1864. Inspectors to ive, he shall advise its owner or lessee as to the repairs necessary to put it advise and enforce repairs of in proper condition; and if such advice is disregarded, may call in the in- boilers. spector from an adjoining district, and if they agree that said boiler is not in proper condition, they shall give written notice to its owner or lessee not to use it until such repairs are made as said inspectors shall specify; or if they are of the opinion that it is utterly worthless, or that its use will endanger the public safety, shall forbid its use. SEc. 22. The provisions of the two preceding sections shall not be in Where inspectors not to act. operation in any city or town having a system of boiler inspection of its own, unless accepted by it. SEc. 23. The standard measure for the sale of illuminating gas by meter is54. Standard of shall be the cubic foot, containing sixty-two and three hundred and twenty- gas. one one-thousandths pounds avoirdupois weight of distilled or rain water, weighed in air of the temperature of sixty-two degrees Fahrenheit, the barometer being at twenty-nine and one-half inches; and no such gas shall be merchantable unless a standard argand burner consuming five cubic feet of it an hour shall give a light as measured by the photometric apparatus in ordinary use, of not less than twelve standard sperm candles, each consuming one hundred and twenty grains an hour. SEC. 24. The Governor shall, every third year beginning in 1877, appoint Inspectors of gas and gas mea resident of Hartford or New Haven an inspector general of gas meters ters, how appointed. and illuminating gas, who shall hold his office three years; but the person appointed during the year 1874 shall hold his office until September first, 1877; and the Governor may fill vacancies for the unexpired part of any term. Said inspector general shall appoint a deputy in every town and city where gas works are established, when requested by the mayor of such city, the selectmen of such town, or the warden of any borough therein. The in- Their duties. spector general or any of his deputies shall inspect and prove the accuracy of every gas meter in his town furnished to any person by a manufacturer of gas, at the request of any consumer, or such manufacturer.'Such inspection shall be made for a temperature of sixty degrees Fahrenheit, and * City not liable for negligence of an inspector legally appointed by it. 40 Conn., 12. This statute regards the inspection of steam boilers as a governmental duty. Ibicd. 2 7 6 IN-TERNAL POLICE OF THE STATE. [Title 16. at the average pressure at which gas is supplied in such town; and he shall stamp or mark every such meter found not to vary more than two per cent. from the standard, with some suitable device, and his name, and the date of its inspection. Fees of inspec- SEC. 25. One dollar for each meter so inspected, with the cost of moving tors of' rae meters. and replacing it, not exceeding fifty cents, shall be paid to the officer inspecting it, if it be found correct, by the consumer if he requested such inspection, otherwise by the party furnishing the gas. as to be ic. SEC. 26. The inspector general and his deputy shall inspect monthly the quality and purity of illuminating gas furnished in his town or any city or borough therein, if requested by the mayor of the city, warden of the borough or selectmen of the town, and report to them the result of such inspection, for which he shall be paid five dollars by the town, city or borough requesting it. WVhen any gas so furnished shall be found upon such inspection to be below the standard value, on the average for the quarter, the person furnishing it, shall make a deduction in favor of the consumer from the price charged for gas of a legal standard, proportioned to the inferiority of the gas as reported by the inspector. Chap. 1.] GENERAL PROVISIONS. 277 TITLE XVII. PRIVATE CORPORATIONS. CIIAPTER I. General Provisions. CHAPTER II. Provisions concerning Particular Corporations. CHAPTER I. General Provisions. SECTION SECTION 1. Corporate name. 15. Dividends restricted. 2. Corporations without capital stock. 16. Not to be made when capital is impaired. 3. What charters subject toalteration, &c., by 17. President and secretary to lodge certificate General Assembly. with town clerk annually. 4. If amended at instance of corporation, the 18. Liability of negligent officers and stockwhole charter to be subject to repeal. holders. 5. Subscriptions not made in good faith to 19. Information to be given creditors of stockbe rejected. holders. 6. Failure to hold meetings and elect officers, 20. Reports to General Assembly to be made by how remedied. first week of session. 7. Limitation of preceding section. 21. Banking and insurance corporations not to 8. Stock to be personal estate: how trans- change location to another town. ferred, and subject to lien. 22. Joinder in appeals from municipal assess-. 9. How pledged. ments. 10. Each share entitles holder to one vote. 23. Winding up of corporations by Superior 11. Proxies. limitation of. Court. 12. Majority of directors a quorum. 24. Winding up of corporations by their own 13. Capital stock, how called in. vote. 14. Taxes on stock, how collected. SEC. 1. The corporate name of every corporation hereafter organized, C sor 7. Corporate otherwise than by a special charter, shall commence with the word " The," name. and end with the word " Company," or " Corporation." SEC. 2. Any number of persons not less than three may associate for 1Si3. Associations any lawful purpose, where no capital stock is created; and, being so asso- withlout capital stock. how illciated, shall be a body politic and corporate, and may purchase, hold and corporated. convey real and personal estate, the annual income from which shall not Corporate powexceed three thousand dollars; but before any such association shall be entitled to the privileges herein granted, it shall lodge with the Secretary of this State a copy of its articles of association, attested by its presiding officer and secretary, and cause them to be recorded in the records of the town where such association is situated; and no subsequent alteration or amendment of its articles of association shall take effect until it is so attested, lodged, and recorded; and the General Assembly may at any Powers may lbe rescinded by time rescind the powers of any such association and prescribe the mode of the Geineral settlement of its affairs. Assembl. 27 PRIVATE CORPORATIONS. [Title 1 7. 1S45. SEC. 3. All Acts creating or authorizing the organization of corporaCertain charters made subject to tions, or altering the charters of corporations previously existing, which alteration and repeal. have been or shall be passed by the General Assembly, and the charters of all corporations heretofore granted, and under which no corporations have been organized, shall be subject to alteration, amendment, and repeal at the pleasure of the General Assembly, unless otherwise expressly provided in such Acts.* Amendments to SEC. 4. When any amendment or alteration of the charter of any corcharter how accepted; and poration shall be made, if it be not otherwise specially provided in the to subject charter to repeal. resolution making such alteration or amendment, it shall not become operative, unless within six months after its passage it shall be accepted at a meeting of said corporation, legally warned for that purpose, and unless an attested copy of said acceptance shall be lodged on file in the office of the Secretary of this State, to be recorded by him in a book kept for that purpose; and such acceptance shall operate to make the original charter, and all resolutions amending and altering the same, subject to amendment, alteration and repeal, at the pleasure of the General Assembly. t t Snc0. SEC. 5. When any commissioners or corporators to receive subscriptions'Stock subscriptions not made to the capital stock of a corporation shall be satisfied that any subscripin g(rood faith. tion is not made in good faith, they shall disallow it, and return to the person subscribing such installment whatever may have been paid by him. 1874. SEC. 6. WVhen any corporation, or any associated proprietors of common On failure to hold annual fields, shall have failed to hold their annual meeting or to elect officers meeting, officers may be sulbse- thereat, and no provision shall be contained in its charter, or articles of assoquently appointed, &;C. * The rights and powers of a corporation depend entirely upon its charter. 5 Conn., 560; 14 Conn., 437; 22 Conn., 552. On petition of tax-payer, court of chancery will enjoin city against making from its treasury an appropriation not authorized by charter. Ibid. Corporation empowered to contract in a prescribed manner may, by its usage of making contracts in a different manner, render itself liable on contracts so made. 2 Conn., 252; Id., 260. Corporation cannot be held by a contract which under its charter it has no power to make, and cannot by its own acts estop itself to deny its capacityof making such contract. 22 Conn., 5029; 24 Conn., 468. Anntal officers of corporationls may hold their offices until others are appointed. 6 Conn., 428; 9 Conn., 536. Mlleetings of the corporation and of the directors, how called. 7 Conn., 214; 8 Conn., 191. Voting by proxy in corporate meeting allowable, rwhen. 5 Day, 329. Directors may meet, and the secretary reside in another State. 6 Conn., 428. It seems that acts of meeting, irregularly held, are validated by vote at subsequent legal meeting approving the minutes of first meeting. 22 Conn., 394. Vote, authorizing attorney to convey real estate of corporation, need not be under corporate seal, nor be recorded with the deed. 8 Conn., 191; 14 Conn., 594. An a(ent of a corporation may withdraw a suit without being authorized by vote. 14 Conn., 174. General agent cannot convey real estate of corporation without special authority. 7 Conn., 214. Acts and admissions of individual members of a corporation, not admissible in evidence, its intention being ascertainable only by its corporate acts. 4 Day, 198; 13 Conn., 173; 15 Conn., 327; 20 Conn., 200. Transfers of stock must be made according to the bylaws. 2 Conn., 579; 3 Conn., 544; 5 Conn., 246; 6 Conn., 552; 9 Conn., 487; 13 Conn., 4!)3. If otherwise made, may, in certain cases, be good as against corporation. 9 Conn., 487. Liability of original subscribers to the capital stock. 12 Conn., 499; 12 Coln., 530. Various points as to relation snbsisting between stockholder and corporation, and liabilities of stockholder. 20 Conn., 178; 22 Conn., 435. Construction of particular provisions in the charters of various corporations. 4 Day, 198; 2 Conn., 579; 3 Conn., 52; 4 Conn., 54; 5 Conn., 28; 5 Conn., 560; 6 Conn., 532; 9 Conn., 536; 10 Coln., 157; 10 Conn., 409; 12 Conn., 7; 12 Coln., 361; 13 Coln., 110; 13 Conn., 174: 13 Conn., 249; 14 Conn., 146; 15 Conn., 312; 15 Conn., 475; 16 Conm., 98; 16 Conn., 149; 16 Conn., 593; 16 Coon., 179; 17 Conn., 40 and 454; 18 Conn., 53; 21 Conn., 204; 21 Coln., 444; 22 Coln., 74; 22 Conn., 133; 22 Coln., 196; 22 Colnn., 435; 22 Conn., 575. Verbal direction from directors, without a corporate vote, sufficient authority to guide cashier in application of moneys received by him. 15 Conn., 437. Agreement by majority of directors among themselves, privately and unofficially, that they shall be paid percentage for executing bond, not binding upon corporation. 22 Conn., 535. Action for vexatious suit will lie against a corporation. 22 Conn., 530. Corporations may be created by joint action of two legislatures of two States. 28 Conn., 289. Attorney of corporation cannot accept service. Ibid. Stockholders cannot witness deed of corporation. 26 Conn., 295. Corporations not liable for services rendered before organization. 27 Conn., 171. Directors not entitled to compensation for ordinary services. Ibid. When a party may be estopped from denying the existence of a corporation. 27 Conn., 14:- When the records of the corporation are admissible in evidence. 30 Conn., 166. t When not applicable. 29 Conn., 174. Chap. 1.] GENERAL PROVISIONS. 279 ciation or by-laws for such contingency, the officers.of such corporation or association shall hold their offices until others shall be appointed in their stead; and in such case a special or annual meeting may be called by its president, or vice-president, or a majority of its directors; and on their refusal, by onefourth of the associated proprietors, or the holders of one-third of the capital stock if not less than one-fourth in number of the stockholders, by a writing designating the time and place, and giving such notice as is required in calling an annual meeting; and at such meeting the necessary officers may be elected; and in such case, such failure shall not impair the rights of said corporation or association. SEC. 7. Nothing in the preceding section shall at any time revive any Limitation of the preceding corporation whose powers may have expired for any other cause than that rsection. herein before named, nor any corporation which shall have in fact abandoned and ceased to exercise the powers and franchises granted by its charter. SEC. 8. When not otherwise provided in its charter, the stock of every ss37. Stock to be corporation shall be personal property, and be transferred only on its books, personal propin such form as the directors shall prescribe; and such corporation shall transferred.w at all times have a lien upon all the stock owned by any person therein, for Liens. all debts due to it from him. SEC. 9. Shares of stock in any corporation organized in this State under' ls71. 1874. Stock, how the laws of this State, or of the United States, may be pledged by executing pledged. and delivering a power of attorney for its transfer, with the certificate of stock therein mentioned, to the party to whom the pledge is made; but no such pledge, unless consummated by an actual transfer of the stock to the name of such party, shall be effectual to hold such stock against any person but the pledger, and his executors and administrators, until a copy of said power of attorney shall be filed with the cashier, treasurer or secretary of said corporation. SEC. 10. At all meetings of stockholders each share shall entitle the Each share entitled to one holder thereof to one vote. vote. SEC. 11. No person shall vote at any meeting of the stockholders of any is31. 1852. Proxies, limitabank or railroad company, by virtue of any power of attorney not executed tion:f. within one year next preceding such meeting; and no such power shall be used at more than one annual meeting of such corporation. SEC. 12. A majority of the directors of every corporation, convened ac- 1ssr. cording to the by-laws, shall constitute a quorum for the transaction of ajority of dibusiness. quorum. SEC. 13. The directors of every corporation may call in the subscrip- Capital stock tions to its capital stock by installments, in such proportion and at such how calle in. times and places as they shall think proper, by giving such notice thereof as the by-laws shall prescribe; or, in the absence of such by-laws, on such notice as they deem reasonable; and if any stockholder shall fail to pay any such installment for sixty days after it shall have become payable, and after he shall have been notified thereof, said corporation may sell ls55. his stock at public auction, giving at least thirty days' notice thereof and Sale of stock to of the time and place of sale, by advertisement in some newspaper pub- ments. fished in the county where such corporation is located; and the proceeds thereof shall be first applied in payment of the installment called for and the expenses of the sale; and the residue shall be refunded to the owner. 280 PRIVATE CORPORATIONS. [Title 17. 1S24. SEC. 14. Whllen any corporation shall impose a tax on the shares of its Taxes on the shares, how col- stock, it may appoint a collector thereof, who shall receive from its treasurer a tax bill and warrant, to be signed by any justice of the peace, directing such collector to collect.the sums specified in such tax bill; and on neglect of any stockholder to pay the same within the time limited by such corporation, the collector may levy said warrant on such shares, or such part thereof, as may be necessary to satisfy said tax and costs, and shall proceed therein in the manner provided by law for the collection of executions when levied on the shares of the capital stock of such corporation; and the fees of said collector shall be the same as are allowed to officers on executions. 15872. SEC. 15. No dividend exceeding the rate of ten per cent. a year, shall Dividends restricted. be declared by any corporation, until it shall have a surplus fund of twenty per cent. iSGT7. SEC. 16. No corporation shall declare any dividend while its capital is Liability of ofMicers voting a impaired; and all officers who shall vote in favor of declaring such dividend, dividend wAhe n capital is illr- in case such dividend is declared, knowing or having the means of knowpairecd. ing that such capital-is impaired, shall be jointly and severally liable, in an Such vote to be action on this statute, for all losses resulting from said declaration of a misdemeanor. dividend, and be guilty of a misdemeanor. 1867. 1S84. SEC. 17. The president and secretary of every corporation, having a Certificate of condition to be capital stock and not required by law to make other annual returns of a lodged withk n- similar character to some State officer, shall annually, on or before the fifnually. teenth day of February or of August lodge with the town clerk of the town in which said corporation is located a certificate, signed and sworn to by Contents of them, showing the condition of its affairs as nearly as the same can be certificate. ascertained, on the first day of January or of July next preceding the time of making such certificate, in the following particulars, to wit: the amount of capital stock actually paid in, showing the amount paid in in cash and in other property, separately; the cash value of its real estate; the name, residence and number of shares of each stockholder; the amount of its debts; the cash value of its personal estate; and the cash value of its credits; which certificate the town clerk shall record at length in a book to be kept by him for that purpose. Liability for SEC. 18. Any president or secretary of such a corporation, who shall neglect or reCfilsal to comply. intentionally neglect, or refuse to comply with the provisions of the preceding section, shall be liable for all the debts of said corporation contracted during the period of such neglect. 1Sc6. SEC. 19. The secretary and every person having charge of the stock Holders of stock books to give books of every corporation shall give, upon the application of any person information to creditors of claiming to be, or to be the attorney of, a creditor of any stockholder, stockholders. information as to the names of the stockholders and number of shares owned by them respectively; and any secretary refusing to give such information shall forfeit one hundred dollars to him who shall prosecute therefor. 1867. SEC. 20. Corporations, required to make annual reports to the General Corporations to report the first Assembly, shall make them during the first week of each annual session. week of General Assembly. SEC. 21. No bank, savings bank, insurance company, or trust company, 1S70. Banks or insur- heretofore incorporated, shall change its location from one town to another, antce companies may not change except by Act of the General Assembly. their location. 1ST4. SEC. 22. Any number of persons who are similarly affected or aggrieved ml'niciplal ls iim by any assessment of benefits or damages, made under authority claimed to assessments. Chap. 1.] GENERAL PROVISIONS. 231 be conferred by the charter of a municipal corporation, and from which an appeal is by law allowed, may join in taking and prosecuting such an appeal. SEC. 23. The Superior Court in the county in which any-corporation, is69. iVinding lp organized under the laws of this State, has its principal place of business, corporations lby decree of conrt, may, as a court of equity, on the application of any of its stockholders, on stociholdwind up its affairs and dissolve it, if said court shall find that said corporation has voted to wind up its affairs, or abandoned the business for which it was organized, and has thereafter neglected within a reasonable time or in a proper manner to wind up its affairs and distribute its effects among its stockholders; and for this purpose may, if it deems it necessary, appoint one or more receivers of the estate of said corporation, and limit a time for its Receivers. creditors to present their claims to such receivers, and direct public notice thereof to be given; and all claims not presented within such time shall be barred.* Said receivers shall allow all just claims against said corporation, collect its debts, sell its property, and convert the same into money, and report their doings to said court as it may direct. Said court may, on complaint of any person aggrieved by such doings, grant such relief as Remedy of persons aggrieved the nature of the case may require; and it may make such orders as to by doings of the the doings of the receivers, their compensation, and other expenses, and as receivers to the payment of debts and distribution of the effects of said corporatioln, as may be just and conformable to law. SEC. 24. When the stockholders of any corporation constituted under iS71. d-Windin up1) of the laws of this State, shall have voted to discontinue its business and dis- corporations by tribute its capital stock among its stockholders, it may apply to the Supe- thir own vote. rior Court in the county where it is located, or to any judge of said court in vacation, for an order limiting a time for the creditors of said corporation to present their claims against it to its directors, and said court or judge may make such order, limiting not less than two months from its date, and shall prescribe the notice that shall be given thereof to said creditors; and all claims not presented in pursuance of said order, shall be barred of a recovery. * It is no excuse that the abandonment of its business was compelled by legal proceedings or bankruptcy; 40 Conn., 540; nor that the corporation exists under charters from several States, since the decree will affect only the Connecticut charter. Id., 539. 252 PRIVATE CORPORATIONS. [Title 17. CHAPTER II. Provisions concerning Particular Corporations. PART I. Agricultural Societies. PART II. Banks and Trust Companies. PART III. Savings Banks. PART IV. Buryino-grounds. PART V. Ecclesiastical Societies. PART VI. Express Companies. PART VII. Insurance Companies. PART VIII. Joint Stock Corporations. PAnT IX. Railroad Companies. PART X. Telegraph Companies. PART I. Agrieutuiral Societies. SECTION SECTION 1. County societies, how formed. 4. In counties where two or more exist. 2. Societies, when aided by the State. 5. Mloney, how expended. 3. In counties where but one exists. 1840. SEC. 1. The treasurer of any county in which there is no incorporated 1863. 1874. Comty society, agricultural society may, by an advertisement printed for two successive how tormed. weeks in a newspaper published in said county, call a public meeting to be held at such place as he may direct, in the county town, or one of the county towns, on the fourth Monday of August in any year, to form a county agricultural society; and such residents in such county as shall attend at such time and place, may form themselves into such a society, which shall be a corporation on filing with the Secretary of this State a copy of its articles of association. When aided aby SEC. 2. Every incorporated agricultural society, which shall have raised the State. not less than one hundred dollars in any one year to be expended for its uses during the then current year, and shall have filed during the months of September or October in any year, in the office of the Secretary of this State, a certificate signed and sworn to by its president and treasurer, specifying that a certain sum, not less than one hundred dollars, has been raised for the uses of said society during the current year, shall be entitled to receive immediately from the State the sum provided in the two following sections. 1S86. SEC. 3. All incorporated county agricultural societies in this State, in Appropriation counties where no other incorporated agricultural society exists, which shall to societies in counitie where annually raise not less than three hundred dollars, shall receive from the but one exists. State three hundred dollars. In counties SEC. 4. In counties where an incorporated coulnty society, and one or where two or n(ure societies more incorporated town agricultural societies exist, the county society, if it exist. shall annually raise not less than two hundred dollars, shall receive from the State two hundred dollars; and each incorporated town agricultural society which shall raise hot less than one hundred dollars annually, shall receive from the State one hundred dollars. Chap. 2, Part 2.1 BANKS AND TRUST COMPANIES. 283 SEC. 5. Every society which shall receive said allowance, shall annually loney, how expended. apply for the encouragement or improvement of agriculture or manufactures the whole amount so received from the State, together with an equal amount received from the contributions or taxes of individuals. And said society shall also transmit to the office of the Secretary of this State, in January annually, a statement of its proceedings in relation to the expenditure of such money, specifying the nature of the encouragement proposed by the society, and the objects for which the premiums have been offered, and to whom they were awarded; but all money offered for premiums, which shall not be awarded or paid, shall be expended for the uses of the society. PART II. Banks and Trust Companies. ARTICLE I. General Provisions. ARTICLE I1. Directors and Cashiers. ARTICLE III. Bank Commissioners. ARTICLE IV. Closing Business of Banks. ARTICLE V. Banks Organizing under United States Laws. A RTICLE I. General ]Provisions. SECTION SECTION 1. Banks organized under Act of 1852. 10. Subscriptions to stock by State or charit2 Reserve fund of cash or bonds. able society. 3. Dividends, loans, and agencies. 11. Commissioner of School Fund and Treas4. Loans to one person limited. urer may examine banks in which School 5. No discount of paper endorsed by cashier Fund or State has stock. or clerk. 12. Stockholders may examine. 6. Loans out of the State. 13. What stock may not be voted on. 7. Counterfeit bills to be marked. 14. Proxy voting. 8. Counterfeit coin to be seized. 15. Officers may not vote on proxies. 9. Bills erroneously marked; return to be 16. Commissioner of School Fund and Treasmade., urer may vote, when. SEC. 1. All banks organized under the Act of 1852, entitled " An Act to 1855. Banks organ. authorize the Business of Banking," shall retain and enjoy all the rights ized under Act of 1852. and privileges conferred, and be subject to all the restrictions imposed by said Act, and the several Acts in addition thereto; and all said Acts shall remain in force as Private Acts for the government of said institutions only, and shall be subject to alteration, amendment, or repeal at all times by the General Assembly. SEC. 2. Every bank and trust company shall always keep in its bank- 18s2. ing office gold and silver coin, bullion, bonds, legal tender notes of the aes or b ofnds. United States, or national bank currency, to an amount not less than onetenth of all its liabilities, except its capital stock, but the bonds of the United States so included in said reserve fund shall never exceed one-twentieth of said liabilities. SEC. 3. No trust company or banking corporation shall declare any 1537. dividend except from its net earnings after deducting all losses, overdrafts, Dividends. and obligations, suspended or overdue; nor make any loan or discount Loans on its stock. 284 PRIVATE CORPORATIONS. [Title 17. Agencies. on a pledge of its own stock; * nor establish any branch, office, or agency thereof, or employ any agent or person to make loans or discounts at any other place than the banking house. 1855. 1862. SEC. 4. No bank or trust company shall give credit to any party, who LD)ans to one party limited. shall thereby become liable to it for more than fifteen per cent. of its capital stock actually paid in. The provisions of such bank charters, as limit the amount to be loaned to any one party to a sum less than fifteen per cent. of the capital actually paid in, are repealed; and every bank or trust company, which shall violate the provisions of this section, shall pay to the State not less than one thousand dollars. 18is. SEC. 5. No bank shall discount any paper made, accepted, or indorsedc Paper of cashiers and clearks. by its cashier or any of its clerks, or by any partnership of which either is a member. 1859. SEC. 6. When the loans and discounts of any bank to parties in this Loans out of the State. State shall, in the aggregate, amount to its capital stock, it may loan to parties out of this State any excess or surplus over the amount of its capital stock, and not otherwise. 1863. SEC. 7. The cashier or teller of any bank to which shall be presented a Officers qired counterfeit or altered bank bill, or a paper purporting to be the bill of a to mark all counterfeit bank which never existed, shall write or stamp upon all such counterfeit bills, &c. bills the word "counterfeit," and upon all such altered bills the word 4" altered," adding thereto the name of the bank and his initials. Bills erroneous- SEC. 8. Any bank, an officer of which by mistake so writes upon or ly stamped, stamps a good bill, shall pay to the holder its value on demand, and every Amount re- bank shall include the amount of all counterfeit or altered bills, so stamped turned to Comimissioners. by its officers, in its returns to the Bank Commissioners. Counterfeit coin SEC. 9. When any false and counterfeit coin, made in imitation of any to be sezed current gold and silver coin, shall be offered to the cashier of a bank, he shall seize it and deliver it to some justice of the peace, with the name of the person from whom it is taken; and if any officer shall fail to comply with the provisions of this section, he shall forfeit one hundred dollars to this State. 1855. 1857. SEC. 10. The State, and every college, ecclesiastical society, school corCharitable subscriptions. poration, and charitable corporation in this State, may subscribe at par to the stock of any bank, in addition to its authorized capital stock, to the extent, in the aggregate, of ten per cent. of such capital actually paid in; but no such corporation (other than the State) shall subscribe to the stock of any one bank to a greater amount than five thousand dollars; and all stock so subscribed shall be not transferable, and may be withdrawn at any time on giving twelve months notice to the bank; but such subscription, if withdrawn, shall not entitle such subscriber to any portion of the surplus in excess of the capital of such bank existing at the time of such subscription.t 1836. SEC. 11. The Commissioner of the School Fund may at any time Commissioner of School Fund examine the books and accounts of any bank, in which there is stock and Treasurer may examine belonging to the School Fund; and the Treasurer shall have the same right, banks in which School Fund or in case of stock in any bank owned by the State, and purchased from its State has stock. general funds. * Such loan may be good between the parties. 26 Conn., 144. tAct of 1855 applies only to banks organized under the Act of 1S52. 26 Conn., 60. Non-transferable stock entitled to an equal dividend. 26 Conn., 269. Chap. 2, Part 2.] BANKS AND TRUST COMPANIES. 235 SEC. 12. The stockholders of any bank, at the annual meeting, or at 1S42. Stockholders any special meeting, which any five stockholders, owning not less in all may examine condition of than one hundred shares of stock, are authorized to call for that purpose, bank. may examine the books, accounts, securities, and expenditures of the bank. SEC. 13. No stock in any bank shall be voted on at any meeting of the 1840. 1842. What stock may stockholders, which is not transferable, or which has been transferred, notbe voted on. hypothecated, or pledged to any bank, or to any person in trust for any bank; and when the number of shares to be held by any party is limited, no stock held in trust for such party shall be voted on, beyond what, with that standing in his name, shall equal the amount so limited; and any person, who shall vote upon any shares of stock in any bank in violation of this section, shall be disqualified from holding any office in such bank for one year thereafter. SEC. 14. No person shall vote at any meeting of the stockholders of any Proxy voting. bank as the attorney of another, without a power of attorney; and when at any meeting the right of any person to vote on any stock is denied, he shall is59. not be permitted to vote until he has lodged with the presiding officer of said'When stockholder shall file meeting his affidavit, stating his interest in said stock, and also the charac- his affidavit. ter and amount of the interest, if any, owned by any other person therein. SEC. 15. No president or cashier of any bank shall vote in the election 18s9. When president of directors upon any other stock than his own, nor request any stock- or cahier not holder to make to any person a power of attorney to vote upon his stock, ityote on proxand no person shall vote by virtue of a power so obtained. SEC. 16. The Commissioner of the School Fund may vote upon the s837. When Commis-.transferable stock in any bank, which is appropriated for the use and bene- sioner of School Ftind and Treasfit of the School Fund; and the Treasurer of the State may vote upon the urer may vote. transferable stock, which belongs to the general or civil list funds of the State. ARTICLE II. Directors and Cashiers. SECTION SECTION 1. Who may not be directors. 7. Resignation of State director. 2. Indebtedness of directors. 8. Cashiers to give bonds. 3. Not to indorse for compensation. 9. Unclaimed dividends. 4. Dividends made by yeas and nays. 10. Quarterly statements. 5. Reduction of capital. 11. Annual statements. 6. State directors. SEC. 1. No person not a resident of this State shall act as a director of 18s8. is40. any bank in this State, and no director of any bank in this State shall act be directors. as a director in any other bank. SEC. 2. No director in any bank shall be obligated to such bank to an 18Ss To what amount amount exceeding five per cent. of its capital actually paid in; and no bank directorsmaybe shall permit its directors to become obligated to it, to an amount at lldebted any one time exceeding in the whole the sum of twenty per cent. on its capital stock actually paid in. Any bank, which shall violate the provisions of this section, shall forfeit to this State not less than five hundred, nor more than one thousand dollars. 21 286 PRIVATE CORPORATIONS. [Title 17. 1837. SEC. 3. If any director of any bank shall receive any compensation for dor(sing notes indorsing any paper discounted by such bank, he shall forfeit to the State for a premim. the full amount of such paper. 1842. Sic. 4. The directors of any bank or trust company, in making any Dividends to be declared byyeas dividend, shall take the question thereon by yeas and nays, which shall be recorded on its records; and no such bank or company shall declare any dividend, except from its earnings remaining after deducting all losses, all sums due for expenses, all overdue and unsecured debts, and an allowance for depreciation of securities and investments; and the directors voting for any dividend, not in conformity with the provisions of this section, shall be fined five hundred dollars, for which they shall be jointly and severally liable. 18s42. SEC. 5. The directors of any bank, by vote of its stockholders, may, at Reduction of capital. any time when the General Assembly is not in session, reduce its capital stock to such sum and such number of shares as the Bank Commissioners may determine; who shall make return of such proceedings to the next General Assembly for approval, and if approved such reduction shall. thereupon be valid. 18M.M SEC. 6. When the State shall own stock to the amount of five thousand State directors. dollars in any bank, it shall be entitled to one director therein; and when the stock so held by the State in any bank shall amount to twenty thousand dollars, it shall be entitled to two directors therein, who shall be annually appointed by the General Assembly. 1853. SEC. 7. The Governor may accept the resignation of any bank director Resig'mtion of State director. appointed on the part of the State; and in case of the resignation or in;bility of any State director to attend to his duties, may appoint some other person to supply his place until the next General Assembly. Cashiercr to give SEC. 8. If any cashier shall neglect to give the bond required by law, bond. for thirty days after his appointment, his office shall become vacant. 1837. SEc. 9. The cashier of every bank shall annually prepare a written Unclaimed dividends. statement, containing the names of all its stockholders to whom, on the last Saturday of March any dividend has remained due and unclaimed fol' one year, with the amount due to each; and shall publish the same threet weeks immediately succeeding said date in some newspaper published in the county where such bank is located. Is55. S.&58. Sac. 10. The cashiers of all banks,.and the treasurers of all trust comQuarterly statements to Bank panies, shall, on the first Mondays of January, April, July and October, in Commissioners. each year, or within ten days thereafter, sign and deliver to the Bank Commissioners a particular statement of the condition of their respective institutions, exhibiting their resources and liabilities, and the daily average of specie and of specie funds during the three months last preceding, which statement shall be verified by oath, and published in a newspaper in the county where such bank or trust company is located. 1871 SC. SEC11. The cashiers of banks, and the treasurers of trust companies 1872. 1873. Annual state- chartered by this State, on or before the first day of April in each year, and ment to Bank Commissioners. oftener if required by the Bank Commissioners, shall transmit to them a sworn statement of the condition of their respective institutions, making a balance sheet, showing among other things, the amount invested in real estate, the locality thereof, and its cash value; the amount invested in stocks or bonds, with the number of shares of said stock and the par value thereof, the actual cost to the institution, the actual market value Chap. 2, Part 2.] BANKS AND TRUST COMPANIES. 287 at the time of said return, the number and amount of such bonds, and their description, and all other investments in personal property, specifying the value thereof and the original cost; also the amount of moneys held in trust and on deposit on the day of the return, the average amount of loans for the year, and the actual amount of loans on the day of the return, and the security held therefor. ARTICLE III. Bank Commissioners. SECTION SECTION 1. Duties and powers. 3. Salary, how paid and apportioned. 2. Report to General Assembly: complaint to State's Attorney. SEC. 1. The Bank Commissioners shall visit and examine every bank, 1S44. 1872. Duties and savings bank and trust company, semi-annually, or oftener, and may powers. examine its books and papers in the presence of one or more of its officers, to ascertain whether it has been managed according to law; examine any persons, under oath, in relation to its affairs, which oath such Commissioners may administer; may compel the attendance of witnesses, and the production of books and papers by suitable process; and in case any May compel person, on request of the Commissioners, shall refuse to comply with any testimony. of the provisions of this section, may apply to a judge of the Superior Court, who shall cause such person to come before him, and inquire into the facts set forth in such application, and may thereupon commit such person to jail until he shall comply with said provisions; but the Bank Commissioners shall not impart any information obtained by them in the course of such examination, except so far as may become necessary in the performance of their duties. SEC. 2. The Commissioners shall annually report to the General Assem- 1867. Report to the bly the condition of all such institutions examined by them, with such General Assem. bly. recommendations as they may deem proper; and shall also report to the General Assembly, and to the State's Attorney in the county where any such institution is located, any violation of law by it, or any of its officers. SEC. 3. The Controller shall apportion the salaries of the Bank Commissioners among the several banks, savings banks, and trust companies, F 18nd fS2his in proportion to the aggregate amount of the capital and deposits of each, alary, whellce ZLI rL~rVIVg Ip V VIIV Ir~t) derived. according to their average, as nearly as can be ascertained, for the year preceding, and notify each by mail of the amount apportioned to it, and it shall pay the same to the State within twenty days from the time of mailing such notice; and any institution which shall not pay the same Penalty on within said time, shall forfeit two hundred dollars, together with the banks &ctior amount so apportioned, to the State. refusing to pay. 288 PRIVATE CORPORATIONS. [Title 17. ARTICLE IV. Closing Business of Banks. SECTION SECTION 1. Forfeiture of charter; injunction; receivers. 4. Assets, how appropriated. 2. Receivers on petition of stockholders. 5. Fraudulent preferences to creditors void. 3. Destruction of bank-bills and plates of 6. Refusal to surrender assets. bills. 183T. SEC. 1. When, in the opinion of the Bank Commissioners, the charter Complaint for of any bank shall be forfeited, or the public are in danger of being deforfeiture of f charter. frauded by any bank, said Commissioners, or the State's Attorney in the county in which it is situated, shall prefer a complaint to the Superior Court for such county, as a court of equity, if in session, or if not, to a judge of the Supreme Court of Errors, praying that such bank may be enjoined from any further proceedings in its business, and that its charter may be revoked, and its property disposed of; whereupon said court or judge shall forthwith issue a citation to said bank, to be served upon the president, a majority of the directors, and the cashier, by leaving a true and attested copy with each, or at his last usual place of abode, if within this State, commanding it to appear before said court or judge, on a day and at a place named in such citation, to answer to said complaint. And if, upon the hearing, said court or judge shall be of opinion that the charter of such bank is forfeited, or that the public are in danger of being defrauded thereby, said court or judge shall issue an injunction to the agents of such bank, enjoining them from proceeding in transacting its business, and Receivers. appoint not exceeding three disinterested persons to be receivers of such bank; and said court, at any term subsequent to the issuing of said injunction, may upon a hearing of all the parties declare the charter of such bank to be null and void. 1867. SEC. 2. Receivers of any bank, whose capital is impaired, may be appointed petition of by the Superior Court for the county in which such bank is located, on stocklholders. tthe petition of the holders of a majority of its capital stock, if the court finds that the interests of the stockholders require that the affairs of such bank should be closed. 1858. SEC. 3. Receivers appointed under the provisions of this Part may Notes and plates of bank apply to a judge of the Superior Court for an order in relation to the tobe destroyed on application disposition to be made of the circulating notes, and the note plates of of receiver, such bank, who may, and in case of a perpetual injunction against the further transaction of business by the bank, or the repeal of its charter, shall order said plates and notes to be destroyed. Avails of the SEC. 4. The avails of the property of the bank shall be appropriated property of bank. how ap- rateably to the payment: first, of the charges and expenses of settling its conproprinated. ce.rns; secondly, of the circulating notes; thirdly, of all deposits; fourthly, to the repayment of all sums which have been subscribed and paid in for its stock by the State, or School Fund; fifthly, to the payment of all other liabilities; and the surplus shall be paid and distributed among the stockholders. What payments SEC. 5. All payments and conveyances, made by any such bank in conand conveyances are void. templation of insolvency, to or for the use of any or all its creditors, with the fraudulent intent to prevent the distribution and appropriation of its effects in manner as herein before prescribed, shall be utterly void. Chap. 2, Part 2.] BANKS AND TRUST COMPANIES. 280 SEC. 6. Any person who shall wilfully neglect or refuse to deliver to Reftusal to surrender assets. the receivers, on demand, books, papers or any evidences of title or debt, or property belonging to said bank, in his possession, or under his control, shall be fined not more than ten thousand dollars, or imprisoned not more than three years, or both. ARTICLE V. Banks Organizing under United States Laws. SECTION SECTION 1. Rights not terminated, but suspended. 5. Holders of non-transferable stock to be 2. Stockholders not dissenting, to be such in paid part of any surplus. national bank. 6. Officers of national banks to hold over. 3. Stock of deceased or incapable person, 7. Duty of banks resuming chartered powers. how represented. 8. Non-transferable stock, when transferable. 4. Stockholders dissenting, to be paid up. 9. Notice to Controller of conversion. SEC. 1. When two-thirds of the stockholders of any bank shall vote or 1863. Corporate rights agree to become a national banking association, and such change shall be not terminatedl, duly consummated, the corporate rights and existence of said bank shall not but suspended. be deemed to be thereby terminated or altered; but the same shall be deemed suspended during the existence of said association, excepting that for three years next following such change, and until the termination of all suits by or against it, said bank may continue to exercise its corporate Actions. powers for the sole purpose of closing up its concerns, and prosecuting and defending said suits; and may at any time after the expiration of said three years convey its real estate to such association, if the same was included as a part of its assets at the time of the conversion of said bank. SEC. 2. When any bank has been, or shall be, converted into a national 1865. Stockholders banking association, every stockholder who does not signify to such bank, in not dissentlin, writing, his dissent thereto, within thirty days after notice in writing given ers in the holdhim of such conversion, shall become a shareholder in said association to tional bank. the amount of his stock in such bank; and said notice may be given by leaving the same with him, or at his usual place of abode, or depositing it properly addressed to him, postage paid, in the post-office at the place where said bank is located. SEC. 3. Executors, administrators, guardians, conservators, and trustees Stock of deceased permay represent the stock in their control, in all matters touching the conver- sons, and sion of said bank into a national banking association, and subscribe to its rthepresented. capital stock. SEC. 4. Any stockholder in a bank, so converted into a national banking Persons not beassociation, who shall not become a shareholder in said association, shall be holders to be entitled to receive from said bank the value of his stock, to be ascertained paid tfor their by an appraisal, made as the directors may prescribe; and if the value so fixed shall not be satisfactory to any stockholder, he may appeal to the Bank Commissioners, who shall make a re-appraisal which shall be final; and if said re-appraisal shall exceed the value fixed by the directors, the bank shall pay the expenses of said re-appraisal, otherwise the appellant shall pay them; 290 PRIVATE CORPORATIONS. [Title 17. and the value so ascertained shall be deemed to be a debt due to said stockholder from said association. 1865. SEC. 5. Every bank which shall have been converted into a national Surplus, rights banking association, in which, at the time of its conversion, this State or any of holders of non-transfenra- charitable corporation held stock, which shall have refused to allow such ble stock in. stockholder to become a stockholder in said association, shall pay to it its rateable share of so much of the surplus of said bank as was accumulated during its ownership of said stock, the amount to be determined according to the provisions of the preceding section. Officers to con- SEC. 6. The officers of any national banking association, converted from tinuc. a State bank, who shall be in office when such association shall cease to exist, shall continue in office after it shall have resumed its powers as a State bank, until others shall be appointed in their stead. Duty on resum- SEC. 7. Every bank which shall resume its powers as a bank of this State, pocharteres after having ceased to be a national banking association, shall forthwith deliver to the Bank Commissioners, and duly publish in a newspaper of the county in which such bank is located, such a particular and detailed statement, under oath, of its condition, as is required in the eleventh section of Article II of this Part. Non-transfer- SEC. 8. Notice of the intention of any bank to becoine a national bankwhen to become ing association shall be given to all holders of non-transferable stock, by transferable. sending a written notice to the Treasurer or institution holding the same, within ten days after such bank shall have made its said determination; and any such holder may, within thirty days after the receipt of said Owner declin- notice, elect in writing to continue to hold such stock as transferable ing to becomea stock, and to hold the same after the proposed change shall have been may withdraw effected, as stock of said proposed national banking association; and therethe same. upon such stock shall be deemed regular capital stock of said bank. If such holder does not make such election, it, at the expiration of said thirty days, The amount, shall be entitled to receive from said bank the par value of said stock, with how recover- interest from the date of the last dividend declared by said bank; and said able. amount shall be a debt due and payable to said owner or owners from said national banking association. Notice to con- SEC. 9. Any bank, which may organize as a national banking association troller., shall, within sixty days thereafter, notify the Controller thereof in writing; and any such bank failing to give such notice, or to comply with any of the provisions of this Article applicable to such bank, shall be deemed to have surrendered its charter, and the same shall be thenceforth considered as revoked, except so far as the same shall remain in force by virtue of the first section of this Article. Chap. 2, Part 3.] SAYVINGS BANKS. _91 PART III. Savings Banks. SECTION SECTION 1. Only three officers to be officers in banks 11. Oflicer not to be a borrower, &c. of discount. 12. Notice of meetings. 2. Deposits, how invested. 13. Treasurer to give bonds, &c. 3. One name paper. 14. Returns to Bank Commissioners. 4. Recordofdirectors consentingtoloans, &c. 15. Corporator, how removed. 5. Deposits by individuals limited. 16. Vacancies in offices, how filled. 6. Auditors. 17. Commissioners to visit with U. S. Exam7. Compensation of president. i iner. 8. Liability of officers. 18. Proceedings in insolvency. 9. EarninE's divided, and surplus reserved. 19. General penalty. 10. Interest on deposits by savings banks. SEC. 1. No more than three officers of any one savings bank shall 1874. Officers of hereafter be elected officers of any one bank of discount or circulation, or banks of distrust company; and no cashier of a bank of discount or circulation shall be to'eotoriheni of treasurer of any savings bank having over five hundred thousand dollars of savings banks. deposits. SEc. 2. Savings banks may employ not exceeding half of their de- 1858. ls59. posits in making loans on personal security, and in the purchase of the Deposits, how public stock or bonds of the United States, of any of the New England invested. States, of the State of New York, New Jersey, Pennsylvania, Ohio, Kentucky, Michigan, Indiana, Illinois, Wisconsin, or Iowa, in the authorized bonds of any incorporated city in the New England States, of the cities of Brooklyn, Albany, Troy, Rochester, and Buffalo, in the State of New York, or of any town or borough of this State, or in the stock of any bank in this State, New York City, or Boston; and all other loans shall be secured by mortgage of unincumbered real estate in this State, worth double the amount of the loan secured thereon; and no savings bank shall invest in the 1873. stocks or bonds of any railroad company, nor loan on, or invest in, any Notin railroads. mortgage security on real estate situated out of this State; and all savings 1874. banks now holding such mortgage securities shall dispose of or collect the Mo las in tho be same as they become due. State. SEC. 3. N6 savings bank shall buy, or lend any money upon, any obliga- 1873. tion on which only one person or firm shall be holden, without taking per. ame pa additional security for the same equivalent to the guaranty or indorsement of some other responsible party. SEC. 4. When any loan or investment is made by any savings bank, the 1874. names of the directors or trustees consenting thereto shall be entered upon sent of directthe records of said bank, and said record shall be at all times open to the ors to loan or investment. inspection of the corporators and auditors of said bank and the Bank Comnmissioners, and be 1prima facie evidence of the truth of the statements therein contained. SEC. 5. Savings banks may receive on deposit from any one individual, s1850. s182. Deposits of inin his own name, or in the name of another, in any one year, a sum not dcividuals liliexceeding one thousand dollars. ted. SEC. 6. The directors, managers or trustees of savings banks shall annu- Ai68. ally appoint not less than two auditors, who shall not be directors, managers or trustees thereof,'and shall examine the books, accounts, and securities belonging to such bank, and make a sworn statement showing the true con 292 PRIVATE CORPORATIONS. [Title 17. dition thereof, on the first day of January in each year, which shall be kept on file in the office of said bank, and an attested copy forwarded to the Bank Commissioners on or before the first day of February in each year. 1868. 1873. SEC. 7. Savings banks, whose deposits shall exceed five hundred thousand Compensation, of presidents. dollars, may pay their presidents such compensation as the directors, managers or trustees deem reasonable, not exceeding three hundred dollars a year. 1867. SEC. 8. The directors, managers or trustees of any savings bank, assentOfficers, when liable. ing to a violation of any provision of law relating to savings banks, shall be jointly and severally liable to said savings bank for any loss which may result therefrom. 1874. SEC. 9. The net income actually earned by any savings bank, shall be Earnings to be divided. senli-annuaily divided among its depositors, to an amount not to exceed six 1868. per cent. a year on their deposits. The surplus above this amount, reserving Surplus reserved. not less than three, nor more than five per cent. of the whole amount of deposits, as a contingent fund, of which their banking-houses, fixtures and furniture, shall form a part, shall be divided as an extra dividend whenever it shall equal one per cent. upon the deposits then entitled to a dividend. 1874. SEc. 10. No savings bank shall have on deposit in any one or more Interest on deposits by banks, banking associations or trust companies, more than ten thousand savingls banks. saving b dollars, for more than thirty days, unless interest upon the amount of such deposit in excess of such sum, be allowed at not less than four per cent. a year. 1874. SEC. 11. No officer of a savings bank shall be a borrower, or surety for Officer not to be a borrower, &c. a borrower, of any of its funds; nor receive any money, or valuable thing, for negotiating, procuring, or recommending any such loan from such bank, or for selling or aiding in the sale of any stocks, or securities to such savings bank. And any such officer, who shall violate any provision of this section, shall forfeit to the State one thousand dollars. 1870. SEC. 12. The treasurer of each savings bank shall, at least ten days beNotices of meetings. fore each meeting of the corporators, mail or deliver to each a written or printed notice of the day and hour of holding such meeting; and if he shall neglect to give such notice, he shall pay one hundred dollars to the town where such bank is located. 18fi60. SEC. 13. The treasurer of each savings bank shall give bonds with Treasurers to give bonds. surety, to the acceptance of the directors or trustees, in not less than ten thousand dollars, payable to said bank, and kept by the president thereof; 1874. and no president, director, or trustee of any such savings bank shall be President nor director to be'surety in the bond of such treasurer. surety. 1862. SEC. 14. The treasurer of each savings bank, on or before the first day of Returns to Bank Commissioners. April in each year, and oftener if required by the Bank Commissioners, shall transmit to them a sworn statement of its condition, containing the particulars required in the annual statements of banks and trust companies to said Commissioners. 1871. SEC. 15. When a corporator of any savings bank shall neglect to attend Corporator, how removed. its meetings for three successive years, or be convicted of any crime, he may be removed by a unanimous vote of said corporators at any annual meeting. Vacancies in SEC. 16. The directors, managers or trustees of savings banks may fill offices, how filled. any vacancy in any office, and the person chosen to fill the same shall hold said office till another is chosen in his stead; and when any officer cannot perform the duties of his office they may appoint an assistant to him during Chap. 2.] BURYING-GROUNDS. 293 their pleasure, until the next annual meeting of said corporation, who shall have the same powers and duties as such officer. SEC. 17. The Bank Commissioners shall visit and examine every sav- 1871. Commissioners ings bank whose treasurer is cashier of any national banking association, at to visit will United States the same time the United States Examiner shall visit it. Examliner. SEC. 18. The provisions of Article IV of Part II of this Chapter, in 18ss. Proceedings in regard to closing the business of banks, and the distribution of their insolvencyg. assets, shall, so far as possible, be applied to savings banks. SEC. 19. Every person who shall violate any provision of law in relation General penalty. to banks, savings banks, or trust companies, for which no other penalty is provided, or provision made; shall be fined not less than one hundred dollars, nor more than five hundred dollars. PART IV. Burying-grounds. SECTION SECTION 1. Sextons, and superintendents. 5. Powers of organization to enlarge old 2. Power to regulate by by-laws. grounds. 3. Purchase of hearse and lot for burying- 6. Keepers may arrest and prosecute for maground. licious injury to tombs, &c. 4. Adjoining lands, how taken. SEC. 1. Towns, cemetery associations, and ecclesiastical societies may 186s. 1S74. Sextons and enuappoint superintendents and sextons for their cemeteries, who shall have perintendenlts. the exclusive right to direct as to the opening of graves; and no grave shall be opened in any cemetery except with the consent of said superintendents, or sextons, under a penalty of ten dollars for each offence, to be recovered by the owner of the cemetery. SEC. 2. Towns, ecclesiastical societies, and cemetery associations may By-laws as to enact by-laws providing for the care and management of all burial lots, and the protection of all shrubs, trees, fences and monuments thereon. SEC. 3. Towns and ecclesiastical societies may provide a hearse and pall 1553. 1855. Hearse, and for the burial of the dead, and procure and hold lands for burial grounds. lands. SEC. 4. The owner of any cemetery who wishes to enlarge its limits by 1s49. 1850. 1874. adding land, the title to which he cannot otherwise acquire, may prefer a Taking adjoininl' lands by petition for liberty to take the same to the Superior Court for the county in legal proceedwhich said land is situated; and said court may appoint a committee of three disinterested persons, who after examining the premises, and hearing the parties, shall report to the court as to the necessity and propriety of such enlargement, and as to the quantity, boundaries and value of the land which they may deem proper to be taken for that purpose, and the damages resulting from the same. And if said committee shall report that said enlargement is necessary and proper, and the court shall accept such report, the decision of such court thereon shall have the effect of a judgment, and execution may be issued thereon accordingly, in favor of the person to whom damages may be assessed, for the amount thereof; and on payment thereof the title to the land for such purpose shall be vested in the petitioner; but said land shall not be taken until such damages shall be paid to said Proviso. owner or deposited with the treasurer of the county, for his use, which shall 294 PRIVATE CORPORATIONS. [Title 17. be done within thirty days after said report shall be accepted. If said application shall be denied, the owner of the land shall recover costs of the applicant, to be taxed by such court, which may issue execution therefor.* 1871. SEC. 5. Every association organized for the purpose of enlarging any Powers of associations for en- old public burying-ground, not owned in fee by any person or persons, shall lathin- old buryin-wgrounds. enclose and keep it enclosed when enlarged, and have control thereof, and may improve and ornament it in any proper manner. 1858. SEC. 6. The superintendent or keeper of any cemetery, grave-yard or Arrest and prosecution of place of public burial, and any constable of the town in which such cemepersons doing malicious in-L tery, grave-yard or place of public burial, is situated, may arrest, on view, any person violating the twelfth section of Chapter VIII of Title XX, and carry him before the next justice of the peace, or other authority having cognizance of the offence, which authority shall, on the oath of the superintendent or keeper, or of such constable, issue a warrant and cause such person to be arrested, and shall proceed to a hearing and trial of such matter of complaint. PART V. Ecclesiastical Societies. ARTICLE I. General Provisions. ARTICLE II. Societies of Particular Denominations. ARTICLE I. General Provisions. SECTION SECTION 1. General rights of societies, how formed, 11. Churches, location of. &c. 12. Taxes, how laid and collected. 2. Membership, how acquired. 13. Right of voting, and penalty for voting 3. Membership, how terminated. without right. 4. Election of members, validated. 14. Pews may be assessed and sold. 5. Annual meetings, by whom warned. 15. Pew owners liable for proportion of ex6. Special meetings, by whom and when penses, when. warned. 16. Title to pews, how vested in the society. 7. Warning, how published. 17. Part of society, to have the power of a 8. Officers, how appointed; their duties. society, when. 9. Vacancies, when filled. 18. Grants of pews, how executed and re10. Powers of societies. corded. 1821. SEC. 1. Christians of every denomination, and Jews, may unite to form Ecclesiastical societies, how religious societies; and societies incorporated, or formed by voluntary formed. association, for public religious worship shall hold and manage all Powers. property belonging to them, appropriated to the use and support of public worship, and may receive any grants, or donations, and by voluntary agreement establish funds for the same object.t *Petition may be sustained by corporation, having in its corporate capacity no ownership of buryingground sought to be enlarged, if members of such corporation have interest in such ground. 20 Conn., 466. t One of our early Colonial statutes provided that no persons should embody themselves into church estate without consent of the General Assembly and approbation of neighboring churches; and that every person should attend public worship on Sundays, Fast day and Thanksgiving day, under a penalty of five shillings; and that all the inhabitants of each town or society were to be taxed to support its minister. In 1708, the General Assembly formally approved of the Saybrook platform, but at the same time passed a Toleration Act, copied from the English statute known by that name, enacted in Chap. 2, Part 5.] ECCLESIASTICAL SOCIETIES. 295 SEC. 2. When any person, not a member of any other religious so- ss66. ciety, shall desire to join any religious society, he may sign and lodge with how acquired. its clerk, or, if there be no clerk, with any other officer thereof, a written declaration of his desire to become a member of it, which declaration shall be read at its next meeting, and thereupon such person shall become a member thereof, unless a majority shall, at such meeting, manifest their dissent thereto. SEC. 3. Any person may terminate his membership of any religious so- ss6s. M[embership, ciety by giving notice in writing of his intention so to do to its clerk, or if how terminathere be no clerk, to any other officer thereof. And every religious society ted may, by a two-thirds vote of the members present, at any annual meeting, terminate the membership of any member who shall have become a member of another religious society, or who shall have, for one year, ceased to attend the stated public religious services of said society, and shall have been notified of the proposed action either personally, or by letter addressed to him at his last known place of residence by the clerk or either of the committee of such society, and deposited in the post-office, postage paid, not less than fifteen days before the time of holding such meeting; and the clerk of every religious society shall prepare and keep with its records, a Duties of clerks. list of its members, and report to each annual meeting the names of those persons whose membership shall have terminated since the last annual meeting, or shall be liable to be terminated as above provided. SEC. 4. All persons who have heretofore been elected members of any 1867. is,0. religious society in this State by a major vote, or in accordance with any ations of Telet established custom of election in such society, and whose membership has bers. not heretofore terminated, shall be entitled to all the privileges, and liable to all the duties appertaining to members who have been elected according to law. SEC. 5. The members of the several religious societies may annually meet, 117. 1732. at the usual place of holding meetings, or at such place as they shall establish, lg's, how upon warning and notice given, at least five days before such meeting, by the warned. committee of the society or congregation, or, if there be no committee, by the clerk, and if there be no clerk, by a warrant from a justice of the peace, upon application of five or more members of the society. SEC. 6. A special meeting of any religious society may at any time be 1845. warned by the committee of such society; and shall be warned by such 18i0. aimf. committee, or, if there be no committee, by the clerk, at any time when ills. application in writing for that purpose is made to such committee or clerk by ten members of such society, or by five members when all the members do not exceed twenty-five. SEC. 7. The warning of every meeting of a religious society shall, in the Warning, how absence of any by-law to the contrary, be given by posting the same on a published. sign-post in the town nearest where they usually meet for public worship, the reign of William and Mary. In 1727, members of the Church of England, supporting a clergyman of their own faith, were exempted from taxation for the support of the Congregational ministry; and in 1729 similar immunities were conceded to Baptists and Quakers, and in the Revision of 1784 to all dissenters from the established order. The Constitution of ISIS established religious liberty on a broader foundation, and the first section of this Part took its present shape in the Revision of 1821. Towns not divided into societies are corporations for the purpose of supporting public religious worship, and may hold property for that purpose in the name of the town. Kirby, 45; 3 Conn., 35. For various points concerning the liability of a society for the salary of its minister, see 5 Conn., 405. Name of corporation formed under this Act may be changed at pleasure, and such change wrill not affect identity of corporation. 22 Conn., 125. 296 PRIVATE CORPORATIONS. [Title 17. five days at least before said meeting; or by advertising the same for at least five days before said meeting, in a daily newspaper published in said town; or in the manner which shall have been the custom of said society during the ten years next preceding.* 1716. SEC. 8. Such societies shall at their annual meetings appoint a clerk, 1750. 1764. Officers, how who shall be sworn and make entries of all the votes of the society; three appointed, and their duties. or more of their members to be a committee to order the affairs of the society for the year ensuing, who shall adjust and settle all the claims on the society, and draw orders on the treasurer for the payment of the same; a treasurer, who shall receive all the money belonging to the society, and pay over the same to the order of the society, or its committee, and render his account therefor when required; and two or more tythingmen, who shall be sworn.t 1725. SEC. 9. Vacancies occurring in any of said offices during the course of Vacancies, when filled. the year may be filled at any special meeting. Powers of re- SEC. 10. Religious societies may meet when necessary, and adjourn from ligious societies. time to time; settle ministers according to the usage of their denomination; repair their -houses of worship; make regulations for the support of religious worship, establish the times and places of holding their meetings, and the mode of warning them; and appoint committees, or agents, to carry into effect their votes.: Location of SEC. 11. A.ny society may, by a vote of two-thirds of the members preschurches, how mahde. o ent, agree to build a new house of worship, aand establish the place where it shall be erected; or may apply to the Superior Court in the county where such society is situated; to establish the place; and such court may establish the place, and it shall not then be lawful to erect it in any other place. 1828. SEC. 12. Every society may lay a tax on its members to build Taxes, how laid and collected. and repair houses of worship, to provide for the annual support of the ministry, and to defray any other expense necessarily incurred in the proper business of such society; which tax may be laid on the assessment list last before; or next thereafter to be, completed by the assessors and board of relief, and shall be payable within one year after the same is granted.~ 1764. SEC. 13.. The members of each society, of the age of twenty-one years, PRight of voting and penalty for' may vote in its meetings; and if any other person shall intermeddle or vote voting without righlt. in any meeting thereof, he shall forfeit three dollars for every such offence, half to him who shall sue therefor, and half to the society.l 18s4. SEC. 14. Every religious society may provide for the support of public Pews and slips maybe assessed worship, in whole or in part, by an assessment on the pews of its church, by committee and sold. to be made by the society's committee, or such other persons as the society may appoint, the payment of which may be enforced by the sale of * A vote of a society to hold its annual meetings on a certain day in each year will not dispense with a warning by its committee, if such society has a committee. 4 Day, 62; 10 Conn., 200. t Committee may hold until others are chosen. 10 Conn., 200. What is a proper attestation of a writing by the clerk. 14 Conn., 279. Bond to committee, how sued. 3Day, 450. $ For discussion of former statute relating to settlement of ministers, and construction of the term "settle," as used in said statute, see 5 Conn., 405. ~ Persons separating themselves from an ecclesiastical society, are held for its debts incurred before their withdrawal. 1 Root, 325; 1 Root, 330. Members of an ecclesiastical society without local limits, are not individuallyliable for its debts. 16 Conn., 511. A vote of an ecclesiastical society prohibiting the sale or conveyance of pews in their meeting-house to any person not a member of such society, or belonging to another denomination of Christians, will render such conveyance void, but will not prevent the descent of such property to the legal heirs of the owner. 14 Conn., 279. An agreement of a society to divert a fund, bequeathed to them for the purpose of maintaining a free school, to the support of the ministry, is void. 3 Day, 450. E Grand juror may not prosecute for illegal voting. 11 Conn., 30. Chap. 2, Part 5.] ECCLESIASTICAL SOCIETIES. 297 the use of any such pew for such time as may be necessary, on giving twentyone days' notice in a newspaper published in the town where said church is situated, or if no paper is published in said town, by posting a notice on the door of said church; a copy of which notice shall also be left with the owner of said pew, or at his usual place of abode, if within this State, at least twenty-one days before said sale; but no other estate shall be liable to be taken for the payment of such assessment. No such assessment shall be made upon any such pew not occupied by its owner, or by some person claiming under him at the stated public religious services in said house; and no such sale shall be made unless the owner of such pew shall refuse to sell it to the society at the price which such society originally received therefor. SEC. 15. If the owner and occupant of any pew, shall neglect or refuse 1s59. to pay his equitable proportion of the expenses of maintaining public wor Societies mayw recover of pew ship, the society may recover the same from him, in any proper action. owners, their SEC. 16. When a majority of the pew owners, in any house of public eXPenseS. Proceedino's. for worship, shall desire to sell and transfer to the religious society connected appraisal of the value of pews. therewith their respective pews, for the purpose of supporting public wor- when anlinority oftholders reftse ship in such house, and any other pew-holders refuse to sell their respective to sell to the society. pews to such society, or cannot agree with such society upon the price to be paid for such pews, such society may bring its petition to the Superior Court, against the person or persons refusing to sell, or failing to agree upon a price to be paid as aforesaid; and if said court shall find that it will be for the convenience and necessity of such society to own such pews, for said purpose, the court shall proceed to ascertain the value thereof, and may make such order relative thereto, and to the costs of such proceeding, as shall be deemed just; and when such society shall have paid to Title to pews, such pew-owners the amounts awarded to them respectively, or, on their after appraisal, refusal to accept the same, shall have deposited the same for their use, with the society. the clerk of the court, the title to said pews shall be then vested in said society. SEc. 17. When any society is constituted out of two or more adjoining Partof society towns, so that part of the society in any such town has distinct interests in ton aome ethaeso any grants, donations or sequestrations, for the support of the ministry, such ciete ty. part of the society shall have the same power and authority to manage said interests, which are herein given to societies, and may in the same manner warn meetings of such part of a society, and appoint a clerk, who shall be sworn, and a committee to take care of said interests. SEC. 18. No grant, sale, or lease, of any.pews, in any house of worship, 1821. for more than one year, shall be good, as against any person but the grantor, leases of pews, lessor, and his heirs, unless made, executed and acknowledged as deeds of how executed. land, and recorded at length by the clerk of such society in a book to be To be recorded. kept for that purpose, who shall record the same, and receive the same compensation therefor as town clerks for recording deeds. 298 PRIVATE CORPORATIONS. [Title 17. ARTICLE II. Societies of Particular Denominations. SECTION SECTION 1. Episcopal societies: wardens and vestry- 8. Shakers, conveyances by and to; and suits men a committee. by and against. 2. Methodist and Union American, convey- 9. Names of trustees to be filed with town ances to trustees of, valid. clerk. 3. Time and manner of election of trustees. 10. Roman Catholic corporations, how organ4. Number of trustees. ized. 5. Tenure determined by lot. 11. Corporate powers. 6. How organized. 12. Disposition of property on their dissolu7. In case of failure to elect trustees, how tion. appointed. l1842.ad SEC. 1. The wardens and vestrymen of societies connected with the Wardens and vestry of Pro- Protestant Episcopal Church shall be a society's committee, with all the testant Episcopal Societies, a powers granted to the committees of religious societies. committee. 19854. SEC. 2. All conveyances of property, that have been or shall be made Conveyances to trustees of to the trustees of any Methodist Episcopal church or Union American Methodist church, valid. church, and to their successors in office, according to the usages, rules and discipline of said churches, shall be effectual in law to convey such property to said trustees respectively and their successors in office, for the uses and purposes in said conveyances expressed. 165Tru ho SEc. 3. The trustees of every Methodist Episcopal church, or Union Trustees, how elected. American church, shall be elected by ballot by the male members of said Time and man- church, of legal age, on the first Monday of September of each year, at the ner of election. usual place of worship of said church, of which public notice shall be given from the pulpit thereof, at least two Sundays preceding, or by posting notice thereof, by the clerk of the board of trustees, on the door of the place of worship, at least fifteen days next preceding the time of election. The polls of such election shall remain open for at least one hour after the time designated in the notice thereof, and in case of failure to elect on the day named in this section, the election may be held on any subsequent day of the same month by giving legal notice thereof; and if a vacancy should Tenureofoffice. occur, it may be filled at any special meeting called for that purpose, by giving the notice provided in this section; and at each election there shall be appointed, by the electors present, a chairman and clerk, who shall act jointly as inspectors of election, receive and count the votes for said trustees, and certify under oath who have received the majority of the votes; which certificate shall be deposited with and kept on file by the town clerk.:Nulmber of SEC. 4. The number of trustees shall in no case be more than nine nor trustees. less than three, which shall be decided by a majority of the electors at the first election, and before the votes for trustees are cast; and shall remain the same unless changed by two-thirds of those present and voting at any Subsequent election. Tenure deter- SEC. 5. At the first election the inspectors shall determine by lot, and mined by lot. as nearly as practicable in equal numbers, who of those elected shall serve fcr one, two or three years; and at each election thereafter, the electors shall elect trustees for three years to fill the vacancy of those whose term of office has expired. Trustees, how SEC. 6. At their first meeting, after each election, the trustees shall, organized. from their number, elect a president. a treasurer and a clerk, and shall meet Chap. 2, Part 5.] ECCLESIASTICAL SOCIETIES. 299 thereafter at such times as they may designate, make by-laws and keep records of their action, signed by the clerk; and shall be a corporation in trust to receive, hold, sell and convey any property for the benefit of their church, according to the discipline and usages of the religious denomination to which it belongs. SEC. 7. When the members of any Methodist Episcopal church shall Is18. In case of failure fail to elect trustees, as above provided, the Quarterly Conference of said to elect trustees, they may church may fill the vacancy, as may be prescribed in the discipline of said be appointed, how. church. SEC. 8. All conveyances of property that have been or shall be made 184.. Shakers, conby or to the trustees of the community in Enfield called Shakers, for veyaues by or the time being, duly executed by them in the manner prescribed by law shall be good and effectual to convey the property therein described to the purchaser thereof; and all suits brought by said community may be brought and maintained in the names of the trustees of said community for the time Suits may be being; and any.demand against said community may be in like manner brouhttt by andsenforced by suit against said trustees, for the time being; and in case any tees. or all of said trustees should die or be removed from office, during the Not to abate pendency of any such suit, it shall not for that cause abate, but such fo dllat or Iedeath or removal being suggested upon the record, it may be prosecuted tee. to final judgment by or against their successors in office.* SEC. 9. Said community are hereby required to file in the office of the 1s;4. Names of trustown clerk of Enfield, the names of their trustees, and the date of their tees tobe filed with town clerk. appointment; and a return of any change in the office of trustees shall be filed in the same manner. SEC. 10. A corporation may be organized in connection with any Ro- noma,86Catholic man Catholic church or congregation in this State, by filing in the office corporations, of the Secretary a certificate signed by the bishop and the vicar general of the diocese of Hartford, and the pastor and two laymen belonging to said congregation, stating that they have so organized for the purposes hereinafter mentioned: and such bishop, vicar general and pastor of such congregation shall be members, ex officio, of such corporation, and upon Members. their death, resignation, removal or preferment, their successors in office shall become such members in their stead. The two lay members shall be appointed annually, by the committee of. the congregation; and three mem- Quorum. bers of this corporation, of which one shall be a layman, shall constitute a quorum for the transaction of business. SEC. 11. Such corporation may receive and hold all property conveyed CorI)orate powers. to it for the purpose iT maintaining religious worship according to the doctrine, discipline and ritual of the Roman Catholic church, and for the support of the educational or charitable institutions of that church; provided that no one incorporated congregation shall at any time possess an amount of property, excepting church buildings, parsonages, school houses, asylums and cemeteries, the annual income from which shall exceed three thousand dollars. SEC. 12. Such corporation shall at all times be subject to the general Dispositiom( c'f property on dislaws and discipline of the Roman Catholic church, and shall receive and enjoy solution of. its franchises as a body politic, solely for the purposes mentioned in the preceding section; and upon the violation or surrender of its charter, its * Note signed by trustee, as such, binds the community. 35 Conn., 154. 300 PRIVATE CORPORATIONS. [Title 1 7. property, real and personal, shall vest in the bishop of the diocese and his successors, in trust for such congregation, and for the uses and purposes above named. PART VI. Express Companies. SECTION | SECTION 1. Annual returns. 1 2. Penalty for neglect. 1sto. SEc. 1. Every corporation doing business within this State, as an exAnnual returns. press company, shall, on the first day of January of each vyear, cause to be filed in the office of the Secretary of this State, a statement of the amount of its capital stock, the amount actually paid in, in cash, the time when said stock was created and issued, the amount of real estate held by the company, the place where it is located, and its cost and present value, the amount of personal estate held by the company, and its cash value, the amount of bills, notes, bonds or other commercial security held by said company, and their value, the amount of loans and discount of the funds of said company to its officers within the year last past, the amount of its capital stock purchased and sold by it or its officers and agents for its use, the amount paid within the year last past for permanent betterments of its real estate and improvement of equipment of its business, the gross amount of its receipts and disbursements within said year, the amount of surplus cash on hand during each month of said year, the amount of dividends paid in the same time, and the amount of its liabilities and assets. Penalty for neg- SEC. 2. Any such corporation which shall fail to file such return for one month after said first day of January, shall for every month thereafter of such neglect forfeit one thousand dollars to the State. PART VII. Insurance Conmpanies. ARTICLE I. Fire and Marine Insurance. ARTICLE II. Foreign Fire Insurance Companies. ARTICLE III. Life Insurance Companies. ARTICLE IV. Foreign InsuraLnce Companies generally. ARTICLE V. General Provisions. ARTICLE I. Fire and Miarine Insurance. SECTION SECTION 1. Conditions of fire insurance to be stated 9. Conditions as to fire and fire and marine in body of policy. insurance companies of other States. 2. Limit of single risks of fire insurance, 10. Conditions as to mutual fire insurance 3. Officers to make an annual statement. companies of other States. 4. Shall give required information to the 11. Conditions as to mutual marine insurance Commissioner. companies of other States. 5. Reduction of capital stock. 12. Commissioner may examine insurance 6. Original certificates may be called in. companies, and have unsound home 7. Subsequent increase of capital stock. companies wound up. 8. Mutual companies may insure personal property. Chap. 2, Part 7.] INSURANCE COMPANIES. 301 SEc. 1. In all policies of insurance against loss by fire, hereafter made c s6s. Conditions of by companies chartered by or doing business in this State, no conditions fire insurance in body of shall be valid unless stated in the body of the policy. policy. SEc. 2. No fire insurance company, doing business in this State, shall Limitiso.figle expose itself to loss on any one risk, to an amount exceeding ten per cent. risks. of its paid-up capital. SEC. 3. The president or vice-president and secretary of each fire and Annual stateeach fire and marine insurance company shall, annually in January, transmit to the Insurance Commissioner a statement of its condition on the thirty-first day of December next preceding, in the following form, namely: First, the amount of its capital stock. Second, its assets, specifying: (1) the value of its real estate; (2) the amount of its cash on hand and in bank, specifying where it is deposited; (3) the amount of cash in the hands of agents and in course of transmission;. (4) the amount of loans secured by mortgages on which there shall be less than one year's interest due; (5) the amount of like loans with one year's interest or more due thereon; (6) the amount due on judgments; (7) the amount of its stocks and bonds, with the description of amount, number of shares, and par and market value of each; (8) the amount of stocks and bonds held as collateral security for loans, with the amount loaned on each, and the par and market value thereof; (9) the aniiount of assessments on stock or premium notes paid and unpaid; (10) the amount of interest accrued and unpaid; (11) the amount of premium notes on hand on which policies are issued. Third, its liabilities,.specifying: (1) the amount of losses due and unpaid; (2) the amount of unpaid losses not due; (3) the amount of claims for losses resisted by the company; (4) the amount of losses incurred during the year, including those claimed and not yet due, and those reported to the company upon which no action has been taken; (5) the amount of dividends due, and unpaid; (6) the amount of dividends, either cash or scrip, not yet payable; (7) the amount of money borrowed, and security given for the payment thereof; (8) the amount of premiums received on all risks not terminated; (9) the amount required to re-insure all fire risks in force, computed at fifty per cent. of the gross amount of fire premiums (less return premiums and re-insurance,) received on risks in force not perpetual, ninety-five per cent. of premiums on perpetual risks in force, and one hundred per cent. of the amount of ocean marine premiums received on risks in force; (10) the amount of all other claims against it. Fourth, its income during the preceding year, specifying: (1) the amount of cash premiums received; (2) the amount of notes received for premiums; (3) the amount of interest money received; (4) the amount of income received from other sources. Fifth, its expenditures during the preceding year, specifying: (1) the amount of losses paid, stating how much of the same accrued prior, and how much subsequent to its preceding statement, and the amount at which such losses were estimated in such statement; (2) the amount of dividends paid; (3) the amount of expenses paid, including agent's commissions; (4) the amount paid in taxes; (5) the amount of all other expenditures. SEC. 4. The Insurance Commissioner may inquire of any fire or fire and commissioner marine insurance company doing business in this State, or of its secretary, formate in. in relation to its financial condition, and such inquiry shall be promptly answered in writing. 22 302 PRIVATE CORPORATIONS. [Title 17. Red180. ctionof SE 5.. When the capital stock of any fire or marine insurance cornmReduction of capital stock pany shall be impaired, it may reduce it and the par value of its shares, of fire and marine insurance to such amount as shall be justified by its assets; but no part of its assets companies. companies shall be distributed to its stockholders, and no reduction shall be made, except upon the vote of the stockholders, approved by at least two-thirds of the board of directors, and certified under the corporate seal, by the secretary, a copy of which shall be filed in the office of the Secretary of this State. Original stock Sec. 6. The directors, after such reduction of capital, may require each certificates may be called in. stockholder to surrender his certificate, and in lieu thereof may issue new certificates for such number of shares as he shall be entitled to. Subsequent in- SEC. 7. Such company, after its capital shall be so reduced, may increase crease of capital stock. its capital stock to any amount not exceeding the amount authorized by its charter. 1849. SEc. 8. Every mutual fire insurance company, which shall approve this Mutual fire insurance com- section, may insure personal property upon such terms as shall be agreed panies may insure personal upon by the parties. property. p1pt. 1872. SEC. 9. No fire or fire and marine insurance company, association, or Condition s up- partnership, incorporated by or organized under the laws of any other State on which nonresidents may of the United States,! shall, directly or indirectly, take risks or transact any transact fire and marine in- business of insurance in this State, unless possessed of at least one hundred surance busi11ness. and fifty thousand dollars of cash capital paid up and securely invested; and To deposit cer- every such company shall deposit with said Commissioner a certified copy thifeid charopy of of its charter, and a statement under the oath of its president or vice-presiof information.te dent and secretary, stating its name and location; and all the other particulars required by the third section of this Article; nor shall any agent act for any such company, directly or indirectly, in taking risks or transacting the business of fire insurance in this State, without procuring from the Insurance Commissioner a certificate of authority, stating that such company has complied with all the requisitions of this Part, and giving the name of the attorney appointed to act for the company. Such a stateStatements anId mlent as is required by this section shall be made annually in January, anc! certificate to be shall specify the amount of premiums received and losses paid in this annually renewed. State during the preceding year; and said Commissioner, on being satisfied that the capital, securities, and investments remain secure, shall furnish a Who is an renewal of his certificate. The term agent or agents used in this section agent. shall include an acknowledged agent or surveyor, and any person or persons who shall in any manner aid in transacting the insurance business. 1ST2. SEC. 10. Any mutual fire, or fire and marine insurance company located Condichtio nal in any other State of the United States, possessed of one hundred and fifty fins or marine thousand dollars in cash or securely invested in available cash assets, may tanites of other be admitted to take rilsks and transact business in this State; provided it States may lo business here. shall comply with all the other requirements of the laws of this State relating to companies of other States. 183. SEC. 11. Mutual marine insurance companies of other States may be ConcdiLion relative to mutual admitted to transact business in this State upon complying with the provismarine insurance companies ions of the laws of this State relating to mutual fire and fire and marine of other States. insurance companies of other States. Commissioner SEC. 12. The Insurance Commissioner, either personally or by a comto examine the affairs of fire mittee to be appointed by him, to consist of one or more persons not directmaiinc insr- ors officers or agents of any fire or fire and marine insurance company e Compa- doing business in this State, may at any time examine into the affnirs of Chap. 2,. Part 7.] INSURANCE COMPANIES. 303 any fire or fire and marine insurance company incorporated by or doing business in this State. The officers or agents of such company shall exhibit its books to said Commissioner or committee, and otherwise facilitate such examination; and the Commissioner or committee may examine under oath the officers and agents of any such company in relation to its affairs; and said Commissioner may publish the result of such investigation in one or more newspapers published in this State; but in relation to the affairs of any company incorporated by or organized under the laws of any other State of the United States he may in lieu of such investigation accept the certificate of the Insurance Commissioner or Superintendent of such State, as to its condition. And whenever he Companies may shall ascertain that the assets of any fire or fire and marine insurance from dolljng company incorporated by this State, after deducting for re-insurance, business, when. and its other proper liabilities, excepting capital, amount to less than three-fourths of its capital stock, if it have a stock capital, or in the case of a mutual company, if the assets, less unsettled claims, and other absolute liabilities, amount to less than three-fourths the sum requisite for re-insurance, he shall call upon it to make up such deficiency within such reasonable time as he shall fix, and, on a failure to comply with such requirement, shall bring his petition to a judge of the Superior Court, praying for an injunction restraining said company from the further prosecution of the business of making or renewing insurances, until said deficiency is made up; and if, upon a hearing before said judge, after such reasonable notice to such company as he may order, the allegations contained in such petition shall be found true, he shall issue such injunction. ARTICLE II. Foreign Fire Insurance Companies, SECTION SECTION 1. Amount of capital, how estimated. 4. MIay not insure, before complying with law 2. Return and certificate of amount. and receiving certificates. 3. Trustees, how appointed, and examined: 5. May not take greater risks than home recall of certificates. companies. SEc. 1. The capital of every foreign company doing fire insurance 1871. business in this State shall, for all the purposes of the insurance laws of this Amoun2it of capital, how State, be the aggregate value of its money or securities deposited in the estimated. public departments of this State and other States of the United States, for the benefit of policy-holders, and all sums loaned on real estate security in any State of the United States, in conformity with the laws of such State providing for the investment of the assets of insurance companies therein, and all other assets in the United States in which fire insurance companies organized under the laws of this State may invest, provided such real estate securities and assets shall be held in the United States, by trustees who are citizens of the United States, approved by the Insurance Commissioner, for the benefit of all its policy-holders and creditors in the United States, after making the same deduction firomn such aggregate value for losses and liabilities in the United States, and for premiums upon risks therein not expired, as is authorized or required by the laws of 304 PRIVATE CORPORATIONS. [Title 17. this State, or the regulations of its insurance department, with respect to fire insurance companies organized un-der the laws of this State. Returns of SEC. 2. The agent or attorney of such company shall, in January anamount of capital. nually, sign, swear to and return to said Commissioner a detailed statement of the items making up said capital, and of the deductions to be made therefrom; and on being satisfied that said statement is correct, said Certificate of Commissioner shall issue to such company a certificate of the amount of Commissioner. its capital so determined, and that the requirements of this Part have been complied with, upon which capital it may transact business in this State, but subject to all the laws regulating fire insurance companies incorporated in this State. Trustees, how SEC. 3. The trustees referred to in the first section of this Article, shall be appointed. appointed by the directors of such company, and a certified copy of the vote Commissioner by which they were appointed, and of the deed of trust, shall be filed in the may examine office of the Commissioner; and he may examine such trustees or the agents trustees, agents or attorneys. of such company under oath, and its assets, books, and accounts in the same manner as he may examine the officers, agents, assets, books, and accounts of any company authorized to do fire insurance business in this State. And if he finds that the net capital as stated in his last certificate has been materially reduced, he may recall such certificate, and issue another. Not to take SEC. 4. No foreign insurance company or agent or attorney thereof shall risks before complying with transact the business of fire insurance in this State, until such company shall all the requirements o1 law. comply with the laws of this State relative to foreign fire insurance companies, and receive the certificate of the Insurance Commissioner mentioned in the second section. May not take SEC. 5. No foreign insurance company shall insure against loss by fire greater risks than home com- or inland navigation, nor expose itself to any such loss by any one risk for panies. any greater amount in proportion to its capital than companies organized under the laws of this State may do. ARTICLE III. Life Insurance Companies. SECTION SECTION 1. Annual statement. 7. To receive certificates before issuing poli-. 2. Re-insurance reserve, how ascertained. cies. 3. Valuation of policies. 8. Returns of companies of other States: cer4. Triennial examinations. tificates and licenses. 5. Examination of foreign companies. 9. Shall not issue policy without license. 6. Facilities for examination, to be afforded. 187o. SEC. 1. Every life insurance company chartered by this State shall, on Annual state- or before the first day of March in each year, render to the Insurance Commissioner a report, signed and sworn to by its president and secretary, of its condition upon the preceding thirty-first day of December, which shall include a detailed statement of its assets and liabilities on that day; the amount and character of business transacted; moneys received and expended during the year; a descriptive list of all policies and contracts of insurance in force on that day; and such other information as the Commissioner may deem necessary; and if any company shall fail to make such report within the time, it shall be deemed insolvent. Chap. 2, Part 7.] INSUANKCE COMPANIES. 305 SEc. 2. Upon receipt of such report, the Commissioner shall make a valna- Commissioner tion of the policies of each company, and ascertain the amount of re-insur- rc-isnuraItrcserve to lbe held ance reserve proper to be held on account thereof; and he shall for this pur- by each compose assume the rate of mortality shown by the so-called Actuaries, or Com- pany. bined Experience Table, and four per cent. compound interest; and he shall value only net premiums. SEC. 3. The Insurance Commissioner, upon the request of any such com- V1tf Valuation of pany, may make a valuation of all its policies in force on the preceding policies by thirty-first day of December, upon the basis of the "AImerican Experience perience Table. Table," with interest, at the rate of four and one-half per cenzt. a year, and furnish certificates of such valuation, to be filed with the proper officers of such other States as by law require the valuation of life insurance policies upon said basis: provided that the standard of valuation prescribed for companies doing business in this State shall not be altered by this section. SEC. 4. The Insurance Commissioner shall, at least once in three years, 1ie71. Triennial exvisit each life insurance company incorporated by this State, thoroughly aminations. examine its financial condition, and ascertain whether it has complied with all the provisions of law. SEc. 5. He shall in like manner examine any life insurance company not Examination of foreign compa~ incorporated by this State, but doing business therein, whenever he has nies. reason to doubt its solvency, and may employ such assistants as may be necessary in making the examination; and all the expenses of an examination without the State shall be borne by the company examined. SEC. 6. For such purpose the Commissioner shall have free access to all Facilities for schI. examinabooks and papers of any life insurance company doing business in this State, ti,ll to lbe and may examine under oath, its officers or agents relative to its condition; and if any company not incorporated by this State, or its officers or agents, refuse to submit to such examination, or to comply with any provision of this Article, the authority of such company to do business in this State shall cease. SEC. 7. No life insurance company, hereafter incorporated by this State, companies shall issue policies until, upon examination by the Commissioner, it shall have certificate of authorization been found to have complied with the laws thereof; nor until he shall have bet,(re issuing issued his certificate, setting forth such fact and authorizing such company policies. to issue policies; and for such examination the company shall pay him thirty dollars. SEC. 8. Any life insurance company organized out of this State, before Other life insranllC e COlllbeing admitted to do business in this State, and on or before the first day of panlies to furnish an annual March annually, shall furnish to the Insurance Commissioner a certificate of clrtificate lo the Commi~ttioner. the proper officer of the government by whose authority it is organized, setting forth a full copy of its report of its condition on the preceding thirty- Retullrs by first day of December, a valuation of its policies by said officer, by a standard othell'tatesf equivalent to that provided in the second section of this Article, and that it has complied with the laws of such government, and is authorized to transact business therein. If said Commissioner be satisfied with said certificate, and if said company shall have complied with all other provisions of law, he shall thereupon issue his license to it to transact business in this Official certiftState for one year from the thirty-first day of December preceding; but no conditztSteir such license shall be issued unless such certificate is furnished, nor unless such government shall license life insurance companies incorporated by this State to transact business therein, upon a similar certificate from the In 306 PRIVATE CORPORATIONS. [Title 17. surance Commissioner, until such company makes the report required from companies incorporated by this State, and until a valuation of its policies shall have been made by the Commissioner. Shall not issue SEC. 9. NO person shall issue or deliver in this State any policy or con10icense. tract of insurance of such life insurance company, which is without a license, or after revocation of its license. ARTICLE IV. Foreign Insurance Comnpanies generally. SECTION SECTION 1. May do business in this State, on what 2. Copy of charter; deposit; statement of conditions; policies not invalidated by condition. a war. 3. Licenses to be granted by Commissioner. Conditions of SEC. 1. No foreign insurance company shall take risks in this State doing business in this State. unless it has a cash capital of more than two hundred thousand dollars, and shall have made a deposit with the Treasurer of this State, or with the proper officer of some other State, of not less than two hundred thousand dollars in the bonds of this State, or of the State of New York or Massachusetts, or in bonds or public stocks of the United States, in trust for the benefit of its policy-holders in the United States; and no policy issued by Policies not in- such company to any citizen of this State shall be invalidated by the occurvalidated by a wvar. rence of hostilities between the government of the United States and the government under the laws of which it was organized. To furnish copy SEC. 2. Every foreign insurance company shall, before admission to do of their charter andcertificteof business in this State, furnish to the Insurance Commissioner a copy of its deposit. charter or articles of association and of its last annual report made in the country where it was organized, and the certificate of the officer holding in trust said deposit of two hundred thousand dollars, stating the manner in which the same is invested and the purposes for which the same is held; To furnish an- and it shall furnish annually to the Insurance Commissioner a statement of nual statement of theircondi- the condition of its affairs in the United States, in such form as he shall tion. require. License to such SEC. 3. When such foreign insurance company shall have complied with companies and their agents. the provisions of law relating to such companies, and the Insurance Commissioner is satisfied that it is solvent in the United States, he may issue its license to transact business in this State, but it and its agents shall pay the fees now required of the insurance companies of the State of New York, and shall annually pay to the Insurance Commissioner a license fee of fifty dollars. Chap. 2, Part 7.] INSURANCE COMPANIES. 307 ARTICLE V. General Provisions. SECTION SECTION 1. Companies of other States or nations, to 10. Treasurer may receive and hold securities. appoint resident attorney. 11. Treasurer to make annual examination of 2. Revocation of licenses. securities. 3. How companies may consolidate.' 12. Fees of Treasurer for such services. 4. Value of stock of original companies, how 13. Securities, how withdrawn. ascertained. 14. Substitution of other bonds, and require5. Capital of consolidated company. ments as to future deposits. 6. Certificate of consolidation. 15. Agents of companies of other States, not 7. Premium notes, when subject to set off; to act till laws complied with. mutual insurance, how conducted. 16. Unsound companies, when enjoined, and 8. Suits against companies, not to be limited affairs settled. to less than one year. 17. Penalty for violations of law. 9. Reciprocal obligations of companies of other States. SEC. 1. No insurance company, association or partnership organized Foreign companies to apunder the laws of any other State or nation, shall, directly or indirectly, take point a resident risks in this State, until it shall have appointed an attorney residing in this State, who shall act in that capacity until a successor be duly appointed, upon whom any civil process may be served; and such service shall be binding, and shall be personal service upon the company appointing him: a certificate of such appointment shall be filed with the Insurance Commissioner, and if such company shall withdraw from the State, or cease to do business therein, service upon such attorney shall nevertheless be deemed a personal service upon the company appointing him. SEC. 2. When the Insurance Commissioner shall find that any insurance Revocation of company not incorporated by this State is unsound, estimated in the man- certificate. ner prescribed in the twelfth section of Article I of this Part, he shall revoke its license and cause notice thereof to be published in two daily newspapers, printed, one in Hartford, and one in New Haven, at least four weeks; and he may re-issue such license when he shall be satisfied of its soundness; and no agent or agents of such company shall, after the first publication of such notice, issue or renew any policy of insurance in its behalf. SEC. 3. When the stockholders of any insurance company shall vote to 186S. How companies consolidate with any other similar company, and the stockholders of both may consolidate. companies shall agree to such consolidation, and determine under which corporate organizaticn and name their business shall be conducted, they shall be consolidated under the corporate organization and name thus chosen, and thereupon all rights and property of both of said companies shall become the property of the corporation composed of such companies, and said last named corporation shall be liable for the outstanding obligations of such companies. SEC. 4. Upon such consolidation, the value of each share of the capital Value of stock of original comstock of each of themu shall be ascertained through a valuation of all its panies, how ascertained. assets and liabilities at the time of such consolidation, and new shares (and, when necessary, parts of shares) of the consolidated company shall be apportioned to each stockholder, equal to the value of his shares in either of the original companies; and such shares so apportioned shall be substituted Exchange of stock certififor the shares in such companies; and all certificates of shares in said cates. 308 PRIVATE CORPORATIONS. [Title 17. original companies shall be surrendered when new certificates shall be issued. Capital of con- SEC. 5. The capital stock of the consolidated company shall not exceed solidated compally. the aggregate authorized capital of the original companies. Certificate of SHC. 6. The president and directors of such consolidated company shall, consolidation to be filed. within thirty days after such consolidation, file a certificate in the office of the Secretary of this State, stating such consolidation, and the name and charter adopted. 1s60. SEC. 7. When any inhabitant of this State shall effect insurance in any Premium notes, when subject to insurance company, and give a premium note, the policy and note shall set off. constitute one contract, and every equitable claim of the nmaker thereof upon said company may be set off against said note in the hands of a third In case of in- party; and when any such company becomes insolvent, the maker shall be solvency of company, ma- liable on said note for only the equitable proportion thereof, for such part of ker only liable for equitable the term of insurance as said company continued solvent; and if the insolvency occurs within sixty days after its date, said note shall be void, except for any amount for which the maker may have a claim on said company. Mutual insur- All mutual insurance companies, (except those otherwise authorized by their ance, how conducted, charters,) shall take premium notes for the obligations of the assured; and assessments shall be for losses only, and upon said notes, and when paid shall be in payment, in whole or in part, as the case may be, of such notes. 1863. SEC. 8. No insurance company shall limit the term within which any Suits not to be restricted to a suit shall be brought against it to a period less than one year from the time period less than one year. when the loss insured against shall accrue. 1854. SEC. 9. When any other State shall impose any obligations upon insurReciprocal oblig ationts of comrt- ance companies of this State, or their agents transacting business in such panics ofother other State, the like obligations are hereby imposed on similar companies of such other State and their agents transacting business in this State; and such companies of other States and their agents shall pay all penalties to and make deposits with the State Treasurer. 18fi66. SEC. 10. When any State shall require insurance companies of other States State Treasurer may receive to deposit, with some officer of such other State, securities in trust for the and hold securities, &c. policy-holders of such companies, as a prerequisite to their transacting business in such State, the Treasurer of this State may receive from any insurance company of this State the securities required by the laws of such other State, on deposit, and hold the same in trust for the policy-holders of such other company; but it may collect and receive the interest and dividends thereon, and withdraw them on depositing with the said Treasurer other securities of like character and value. The Treasurer shall issue a certificate under seal of such deposit, for each State which shall require the same, which shall state the items and amount of securities thus deposited, and that he is satisfied that they are of the market value represented therein; but no securities shall be estimated above the par value of the same, nor shall any such securities be withdrawn, except as provided in this section. Annual examin- SEC. 1 1. An examination shall be annually made by the Treasurer of the ation of securi- securities held by him in trust, as aforesaid, from each insurance company, and if it shall appear at any time that they amount to less than the sum required for the purposes for which such deposit was made, he shall notify said company thereof, and unless the deficiency is made up within thirty days shall countermand all the certificates he may have issued to said company under the preceding section, and give notice thereof to the officers Chap. 2, Part 7.] INSURANCE COMPANIES. 309 of the States to whom said certificates may have been transmitted, and publish said notice in one newspaper printed in Hartford, and one printed in New Haven, for three weeks successively. SEc. 12. Each insurance company, so depositing securities with the Treas- Fees of Treasurer. urer, shall pay him twenty-five dollars annually, in lieu of all fees for such services, except in cases where it shall be necessary to make an examination out of his office; for each of which such special examinations and appraisals, he shall be paid by the company, in whose behalf the service is performed, ten dollars and his actual traveling expenses, in lieu of other fees. SEC. 13. When said company shall have caused all its unexpired policies 1868. to be paid, canceled or re-insured, and all its liability under such policies withdrawn. thereby to be extinguished, or to be assumed by some other responsible company having a similar deposit with said Treasurer, he shall on application of such company, verified by the oath of its president or secretary, and on being satisfied by an examination of its books, and of its officers under oath, that all its policies are so paid, canceled, extinguished or re-insured, deliver up to it such securities. SEC. 14. The several insurance companies of this State, which have de- is82. Substitution of posited with the Treasurer registered bonds of this State, or of the United town or city for State or Unitedtl States, are hereby permitted to substitute for such bonds *the bonds of any States bonds. incorporated city or town of this State, of like amount; and all deposits, Deposits helehereafter made with the Treasurer by any insurance company, shall consist after to be made. only of registered bonds of this State, or of the United States, or such mortgages upon real estate, within this State, as the Treasurer may deem satisfactory, or the bonds of an incorporated city or town of this State. SEc. 15. No person shall, in this State, receive or procure applications for insurance, or issue policies of insurance or renewals thereof, or in any 186s. Agents of insurmanner aid in the transaction of the business of any insurance company or ance comlpanies -of other States. association, organized under the laws of any other State, until he has in all respects complied with the laws of this State; but nothing herein contained is to be so construed as to prohibit any person residing in this State from making application to and procuring from any insurance company doing business out of this State, and having no agents in this State, policies of insurance on his property in this State. SEc. 16. If the Insurance Commissioner shall at any time find that the 1871. Unsound conmassets of any insurance company incorporated by this State are less than its panics, whlen enjoined, and liabilities, or if it shall fail to comply with the requirements of law, he affairs settled. shall forthwith notify it to cease to issue new policies, or pay dividends, until the deficiency shall be made good, and the law complied with; and he may, and, if it appears to him that its assets are less than threefourths of its liabilities, shall bring his petition to the Superior Court of the county in which the principal office of such company is located, if in session, and if not to a judge of the Supreme Court of Errors, praying for the appointment of a receiver, and that said company may be enjoined from any further proceeding in its business, and that its charter may be annulled; and said court or judge, and the receiver if appointed, shall thereupon proceed, as nearly as may be, as is provided in Part II of this Chapter in the case of banks; and said court may make such orders relative to the assets of said company as it may deem proper. 310 PRIVATE CORPORATIONS. [Title 1 7. General penal- SEC. 17. Every person who shall violate any provision of this Part, for ty. which no other penalty is provided, or provision made, shall be fined not less than one hundred dollars, nor more than five hundred dollars. PART VIII. Joint Stock Corporations. ARTICLE I. Formation. ARTICLE II. Officers. ARTICLE III. Powers. ARTICLE IV. Liabilities of Officers and Members. ARTICLE V. Removal, and Dissolution. ARTICLE I. Formation. SECTION SECTION 1. Three persons may associate for any lawful 6. Purchase of shares by corporation; liability business, except, &c. for debts. 2. Amount of capital; par value of shares. T. Old certificates called in, and new to be 3. First meeting, how called. issued, when. 4. MIeetings generally: notice by secretary. S. Change of name; rights preserved. 5. Purpose; change of purpose; increase and reduction of capital. 1837. SEC. 1. Any three or more persons, who, by articles of writing, shall Not less than three to associ- associate according to the provisions of this Part, under any name, for ate in writing, the purpose of carrying on any lawful business, except that of a trust, insurance, or banking company, shall be a corporation under the name assumed by them in their articles. 1837. 1851. SEC. 2. The capital stock in every such corporation shall be fixed by the 1s59. 1l82. stockholders in their articles of association, and be divided into shares of A mount of capital; par value twenty-five dollars each, or if the stock be not less than.three thousand of shares. dollars in amount, of twenty-five, fifty, or one hundred dollars each, as they may elect and prescribe in said articles.* 1837. SEC. 3. Any two of the persons associated may call the first meeting 1854. 1861. First meeting, of the corporation at such time and place as they may appoint, by notice low called. in any newspaper published in the county in which such corporation is to be established, at least fifteen days before the time appointed; but said Notice, how notice may be waived by a writing, signed by all the subscribers to the capital stock, specifying the time and place for said first meeting, and recorded at length upon the records of the corporation. 1873. SEC. 4. A written or printed notice of each subsequent meeting of such eeratlly,n of. corporation specifying the place, day and hour of such meeting, shall be given by the secretary to each stockholder, by leaving it with him, or at his residence or usual place of business, or by depositing it in some post* Whether stock must be paid ill cash, cqcere. 27 Conn., S4. Subscribers cannot avoid subscript, ion on the ground that they were obtained by misrepresentations. 29 Conn., 137. Conlra, if made by the officers. 29 Conn., 3S4. Chap. 2, Part 8.] JOINT STOCK CORPORATIONS. 311 office for transmission by mail, postage paid, properly addressed to him, at least five clays before said meeting. SEC. 5. The purpose for which every such corporation shall be estab- Purpose, change lished shall be specified in its articles, and may be changed with the con- of plurpose,,and sent of all the stockholders, by amending its articles so as to specify any capital. other lawful business; and it may increase its capital, or the number or par value of shares therein; and may reduce the same by a vote of stockholders holding at least two-thirds of the whole stock; but before it shall com- Articles of association to be mence business, its president and directors shall cause said articles of asso- published. ciation to be published at full length in a newspaper published in the county in which such corporation is located and shall also make a certificate of Certifilates to be lodged with, the purposes for which such corporation is formed, the amount of its capi- Secretcary and tal stock, the amount actually paid in, the names and residences of its stockholders, and the number of shares by each respectively owned, which certificate shall be signed by the president and a majority of the directors, and deposited with the Secretary of this State, and a duplicate thereof with the town clerk of the town in which said corporation is to transact its business; and said Secretary and said town clerk shall respectively record the same; and within thirty days after the payment of any installment, called for by the directors of such corporation, a certificate thereof shall be made, signed, deposited and recorded, as aforesaid; and before it shall commence 1854. business under amended articles, they shall be subscribed by all the stockholders and published as above provided for their original articles; and certificates of any new business provided for in said amended articles, and of any increase or reduction of said capital, or the number or value of said shares, shall, within thirty days thereafter, be signed and recorded as is above provided for certificates; and said reduction shall not take effect till a certificate stating the amount of the reduced capital shall be published and deposited for record as above provided for certificates.* SEc. 6. Any such corporation, having voted to reduce its capital stock Purcl12;,f and number of shares, may purchase of its stockholders, at not more than shares ot its, stock by the the actual value thereof, such number of shares as may be necessary to corporation. effect such reduction, and take certificates thereof; and thereupon the president and secretary of said corporation shall cancel the shares so purchased, together with said certificates; but if said corporation shall fail to pay any liabilities outstanding against it at the time of said reduction; and the person to whom they shall be due shall be unable to obtain payment thereof out of the estate of said corporation, the stockholders, who were such at the time such reduction was made, shall be individually liable for such liabilities in proportion to the number of shares held by them respectively at that time. SEc. 7. The directors of said corporation, after such reduction, may re- New stock certificates. quire the return of the original certificates of stock, and in lieu thereof issue new certificates for such number of shares as its stockholders shall be entitled to, in the proportion that the reduced capital may bear to the original capital of the corporation; and corporations so reducing their capital stock may purchase any fractional share that may result therefrom, and sell the same when aggregated into full shares. * The corporation cannot make contracts for any other purposes than those for which it was organ-:zct(. 94 Counl., 159. 312 PRIVATE CORPORATIONS. [Title 17. 1870. 1872. SEC. 8. Any joint stock corporation, having voted to change its corChange of name how effected. porate name, may apply to the Superior Court for the county in which it is located, to have such change made, first giving notice of such intended application by advertisement for two weeks consecutively in a daily newspaper published in New Haven or Hartford, and in a newspaper, if there be one, published in the town in which it is located; and said court may change said name as prayed for, and upon filing in the office of the Secretary of this State a certified copy of the order of court and a like copy with the town clerk of the town in which it transacts its business, which shall be recorded by said town clerk, the name of such corporation shall thereRiohts not to be after be as decreed by said court; but no rights existing at the time of such affected by such change. change in favor of or against said corporation shall be affected thereby. ARTICLE II. Officers. SECTION SECTION 1. Directors to be not less than three; may 3. Annual returns to Secretary of this State. fill vacancies. 4. Secretary to record namells, capital, &dc.: 2. Shall choose president, secretary, and Qto warranto, &c. treasurer. 1887. 14tS. SEC. 1. The affairs of every such corporation shall be managed by three To be not less than three or more directors, who shall be chosen annually by the stockholders at dlirectors. such time and place as shall be provided by its by-laws, and shall be stock1837. holders * and such directors may fill any vacancy which may happen in Direclors to fill vacancies, &c. their board, for the current year. 8sG(;. 1874. SEC. 2. The directors shall choose one of their number to be president, Directors to chloosc presi- and shall also choose a secretary who shall reside in this State, a treasurer, dlct~, &c. and such officers as the by-laws of such corporation shall prescribe, who shall hold their offices until others be chosen in their stead. 1874. SEC. 3. The secretary of every joint stock corporation, heretofore or Secretary to file' certificate an- hereafter organized under the general laws of this State, shall annually mnally with Secretary ofthis sign, swear to and file in the office of the Secretary of this State, on or State. before the fifteenth day of February or of August, a certificate, showing the condition of the affairs of such corporation on the first day of January or of July next preceding the time of filing such certificate, in the following particulars, namely: the amount of capital actually paid in; the cash value of its assets, as estimated by him; and the amount of its debts; and shall pay the Secretary one dollar for filing and entering the same. S(cretary to re- SEC. 4. The Secretary of this State shall keep one or more books in his capittal, &c., of office, in which shall be entered the names of every joint stock corporation joint stock corirLati(nsls heretofore or hereafter organized under the general laws of this State, properly indexed; and under each name shall be minuted the date of receipt of each annual certificate filed as required by the preceding section, and the several amounts of capital, assets and debts, therein stated; and he shall annually in the month of September, commencing in September, 18 6, examine said book and draw off a list of all such corporations, * ~Notice to a director niil not charge corporation, unless he was actiltg as dliector at t!he time. 26 Conln., 3,6. A stockholder cannot she director for miiasmnagement l. il., I56.;irectors mIy be liable to third persons for fraudl. 30 Conn., 210, 360. Chap. 2, Part 8.] JOINT STOCK CORPORATIONS. 313 whose secretaries shall not have filed such annual certificates, during the two years next preceding such examination; and forth-with transmit to the State's Attorney in each county a certificate containing the names of such of said delinquent corporations as may be located in such county, who shall file an information in the nature of a quo wcarranto against all such Q,~UOct(ralo corporations, and said certificate of the Secretary shall, on the trial of the quent corporasame, be _primna facie evidence of the truth of the facts therein stated, and sufficient, in the absence of any satisfactory explanation of the omission to file such certificates, to justify a judgment that said corporation has forfeited its franchises and that it be dissolved. And in case such judgment is rendered, the court may appoint a receiver of the estate of said corporation, who shall proceed to administer the same in the same manner as receivers appointed under the provisions of the twenty-third section of Chapter I of this Title. ARTICLE III. tPoxvers. SECTION SECTION 1. MIay hold what estate. 3. Kept out of the State, when. 2. Books, where kept. 4. Certificates to be made under oath. SEc. 1. Every such corporation may hold any property necessary for its 15K. May hold what purposes, and such as shall be taken in payment of or as security for debts estate. due to it. SEC. 2. The statements and books of every such corporation shall be 1865. Books of corpokept, and at all reasonable times be open, in the town Where it is located, ration, where kept. or at the office of the treasurer within this State, for the inspection of any of its stockholders; and as often as once in each year a true statement of the accounts of said corporation shall be made and exhibited to the stockholders by order of the directors.* SEC. 3. Any joint stock corporation having any place of business out ss6s. What books of this State may keep there all account books which it may have occasion may be kept out of this State, to use in the transaction of that part of its business done at that place, and and when. shall not be required to keep any of said books in this State; but i- shall furnish, at its place of business in this State, to any stockholder, any in- Proviso. formation which he may request in relation to their contents. SEc. 4. The certificates required by the fifth section of Article first, and Certificates to be made under third section of Article second of this Part shall be made under oath by the oath. person subscribing the same; and if any person shall knowingly swear falsely as to any material facts, he shall be guilty of perjury, and punished accordingly. * MTere insolvency of corporation does not impair its powers. 25 Conn., 97. Rights of stockholders in insolvent corporations. rbid. Not necessary that all the books be kept in this State. 35 Conn., 36. 314 PRIVATE CORPORATIONS. [Title 1 7. ARTICLE IV. Liabilities of Officers and M!embers. SECTION SECTION 1. If capital be withdrawn, stockholders lia- 4. Stock subject to lien may be sold after ble. notice. 2. If dividends be made when insolvent, di- 5. Sale to be advertised, &c. rectors liable. 6. New certificate to be given to purchaser. 3. Officers intentionally neglecting duties, 7. When hypothecated stock may be sold. liable. 1837. SEC. 1. If the capital stock of any such corporation shall be withdrawn Iftcaptawlbe and refunded to the stockholders before the payment of all its debts, each liablertcedi- stockholder shall be liable to any creditor of such corporation, to the amount tors. of the sum so refunded to him, not exceeding the amount of said creditor's debt; but if any stockholder shall be thus compelled to pay any thing to any Contribution, creditor, he may maintain a bill in equity against all the stockholders to whom any part of said stock has been refunded, to compel them to contribute their proportional part of the sum so paid by him. If dividends be SEC. 2. If the directors of any such corporation shall declare or pay a made when company is in- dividend, when it is insolvent, or any dividend the payment of which selvent. directors liable, &c. would render it insolvent, knowing such corporation to be insolvent or that such dividend would render it so, the directors assenting thereunto shall be jointly and severally liable for its debts due at the time of the declaration or payment, as the case may be, of such dividend. 1i37. 1s74. SEC. 3. All officers of such corporation, who shall intentionally fail to Offieers, when liable for wilful perform any of the duties by law required of them, shall be jointly and neglect. severally liable for all its debts contracted during the period of such failure. S is6. SEC. 4. Any such corporation, which has by law a lien upon the stock corporation has of any stockholder therein, may give notice to him that unless he shall pay soldafteR'otice. his indebtedness to said corporation within three months, it will sell his stock; and such corporations may prescribe by their by-laws the manner of giving the notice required' by this section. Sale to be ad- SEC. 5. Such corporation may, at any time within three months after the vertised, &c. time limited in such notice shall have expired, advertise, in a newspaper published in the county where such corporation is located, its intention to sell such stock, giving at least three weeks' notice of the time and place of such sale; and at such time and place shall sell at public auction so much of said stock as shall pay such indebtedness together with the necessary costs of sale. New certificates SEC. 6. When the purchasers of said stock shall have complied wit]L claser. the conditions of said sale, the corporation shall issue new certificates of stock to them. When corpora- SEC. 7. WVhen any such stockholder shall have made a transfer of his tions may sell hypothecated stock as security for his indebtedness to a third party, and afterwards shall stock. become a debtor to such corporation, it may sell the equity of redemption of such stock in the same manner as is provided for the sale of stock on which it has a lien, and may require the party holding a transfer or assignment of such. stock to give a sworn statement to its treasurer of the amount for which said stock was pledged; and if he shall not give such a statement at or before the time such sale is to take place, he shall forfeit his lien. Chap. 2, Part 9.] RAILROAD COMPANIES. 315 ARTICLE V. Recmoval, and Dissolution. SEC. 1. Place of business, how removed. I SEC. 2. How dissolved. SEC. 1. Any such corporation may remove its place of business from 18ss52. one town to another town in this State; but its president and secretary o.wojroint tock shall procure, from the town clerk of the town from which it shall remove, place of busia certified copy of the record of its articles of association and all other ness. records showing the state of its affairs; attach thereto their certificate that such corporation has thus removed; and immediately on such removal leave such copy and certificate in the office of the town clerk of the other town, which shall be recorded by him at length; cause a like certificate to be deposited with the Secretary of this State, which shall be recorded by him; and cause a copy of such certificate to be published in a newspaper published in the county in which such corporation shall be located; and in case of removal from one county to another, said copy shall be published in one newspaper in each of said counties. SEC. 2. The Superior Court, in the county where any joint stock corpora- 1871. 1874. tion is located, may wind up its affairs and decree its dissolution, on the peti- How dissolved. tion of one-third of its stockholders, and may proceed in the manner provided in respect to tne dissolution of corporations on the petition of a single stockholder. PART IX. Railroad Companies. ARTICLE I. Organization of Companies. ARTICLE II. Steam Railroads. ARTICLE III. Horse Railroads. ARTICLE IV. General Penalty. ARTICLE I Organization of Comnpanies. SECTION SECTION 1, General railroad law. 7. Obtaining right of way. 2. Articles of association. 8. Increase of capital. 3. Capital stock; name. 9. Corporate powers forfeited by non-user. 4. Engineer's report: affidavit by directors. 10. Not to extend to building horse railroad, 5. Subscriptions to stock. bridging navigable waters, or interfer6. Corporate powers. ing with other road. SEC. 1. Any number of persons not less than twenty-five may form a 18s1. General railroad company for the purpose of constructing, maintaining and operating a rail- law.ra road for public use in the conveyance of persons and property. SEC. 2. The persons forming such railroad company shall make and sign Articles of association. articles of association in which shall be stated: first, the name of the conmpany; second, the place where. its principal office or place of business is 316 PRIVATE CORPORATIONS. [Title 1 7. located, which shall be and continue in this State; third, the places from and to which, and the names of all the towns through or into which it is proposed to construct, maintain and operate said road; fourth, the length of said railroad, as nearly as may be, and the amount.of capital stock of the company, which shall not be less than ten thousand dollars for every mile of road proposed to be constructed; fifth, the names and residence of not less than nine directors of said company, who shall be chosen by the persons subscribing said articles of association, and a majority of whom shall always be residents of this State and who shall manage its affairs for one year; but the amount of the funded and floating debt of any such corporation shall at no time exceed the amount of cash actually paid in upon its capital stock. Capital stock. SEC. 3. The capital stock of said company shall be divided into shares of one hundred dollars each, and each subscriber to such articles of association shall subscribe thereto his name, residence, and the number of shares he agrees to take in said company; and on compliance with the provisions of the succeeding section, such articles of association may be filed in the office of the Secretary of this State, who shall indorse thereon the day they are filed, and record them; and thereupon the persons who have subscribed such articles, together with all persons who shall become stockholders of such comName. pany, shall be a corporation by the name specified in such articles. Enmineer's re- SEC. 4. Such articles of association shall not be filed and recorded port to accompanythearticles unless they are accompanied. by the report, under oath, of a skillful engiof association. neer, founded on an actual examination of the route, showing the character and structure of the proposed road-bed, with its indications of rock or earth-cuttings; the manner in which it is proposed to construct said railroad; the general profile. of the surface of the country through which it is proposed to be made; the feasibility of the route, and an estimate of the probable expense of constructing the same; a copy of which report shall be kept on file in the office of the Secretary of this State; nor shall such articles of association be filed and recorded until at least five thousand dollars of stock for every mile of railroad proposed to be made is subscribed thereto, and ten per cent. of such subscription paid in cash to the directors Affidavit by named in said articles, nor unless there is annexed thereto an affidavit made directors. by at least three of said directors, that the amount of stock required by this section has been in good faith subscribed, and ten per cent. in cash paid thereon as aforesaid, and that it is intended in good faith to construct the road named in such articles; ard a copy of any articles of association filed and recorded as aforesaid, or of the record thereof, certified by the Secretary of this State, shall be prima facie evidence of the due formation, existence and capacity of said corporation. Subscriptions to SEc. 5. When such articles of association are recorded in the office of the capital stock. the Secretary, the directors may, in case the whole of the capital stock is not subscribed, open books of subscription to the same in such places and on such notice as they may deem expedient, and may continue to receive subscriptions until the whole of the capital stock is subscribed; and no subscription shall be received or taken without such payment of ten per cent.; but such company shall not commence the construction of its road until at least ten thousand dollars a mile is subscribed to the capital stock thereof by responsible persons. Chap. 2, Part 9.1 RAILROAD COMPAINIES. 317 SEC. 6. Every railroad company may hold such real estate as may be Powers of the convenient for accomplishing the objects of its organization; may by its company. agents enter upon such places, as may be designated by its directors, for the purpose of making surveys and determining the line, whereon to construct said railroad; and may construct, equip and maintain a railway, with one or more tracks, over the route specified in its charter or articles of association, and transport persons and property thereon by any power. SEC. 7. No land shall be taken without the consent of its owner 18,7. except within twelve months after the approval of the location of the to beit otaied route by the Railroad Commissioners; and when the lands of any feme onths.e covert, infant, cestui que trust, or person non compos rnentis, shall be necessary for construction of any railroad, said lands may be taken on giving notice to the husband of such feme covert, the trustee of any such cestui que trust, the guardian, either natural or appointed, of such infant, and the conservator of such person non comnpos renteis, who may respectively release all Trustees may damages for lands so taken, as fully as if the same were holden in their own right. SEC. 8. In case the capital stock of any railroad company is found to be Increase of capinsufficient, it may, with the concurrence of two-thirds in amount of the stock represented at a meeting of the stockholders called for that purpose, increase its capital stock to such amount as may be required for the purposes of said road, and in such manner and on such terms as may be prescribed by said meeting; and the board of directors of any railroad company may at any time, with the assent of its stockholders, increase its capital stock to an amount sufficient to extinguish its funded and floating debt; but the amount of such increased capital stock, at its par value, shall not exceed the amount of such debts, and such increased stock shall only be issued to take up and cancel an equal amount of debts as aforesaid. SEC. 9. If any company formed under the provisions of this Article shall Corporate povwers forfeited by not, within one year after its articles of association are filed and recorded non-user. in the office of the Secretary of this State, commence the construction of its road, and expend thereon ten per cent. of the amount of its subscribed capital, or shall not finish or put in operation its railroad within five years from the time of recording its articles as aforesaid, its corporate existence and powers shall cease. SEc. 10. Nothing contained in this Article shall be construed to authorize These provisions not to apthe construction of any horse railroad in any city or borough; or the bridg- ply to horse railroads, nor aning of navigable waters; or the taking or using the track, wharves, depot, thorizebridging or depot grounds of any other company without its consent, except for the waters, orvinterfering with purpose of crossing or connection. texistrfering rawithlroads. 23 318 PRIVATE CORPORATIONS. [Title 17. ARTICLE II. Steam Railroads. SECTION SECTION 1. Oficers and Jlembcrs. 49. Security for compensation of engineer. 1. TWhat railroacds ilncluded in the provisions 50. Stations not to be abandoned without apof this Article. proval of Commissioners. 2. Company officers and by-laws. 51. Abandoned stations, how re-established. 3. President or vice-president not to hold.52. Appeals from RailroadCommissioners. same oflice in foreign compalny. 53. Application to Superior Court to colmpel 4. 3Meetings, how called; stock votes. stol5 par e of trains at depots. 54. Hearing before committee. 5. Oticers, when not to vote on proxies.. ttee. 6. Stock not to be voted on, if assessments 55. Reportof committee. are lunp~aid. 56. Order of court, how enforced; costs. 7. Votes on stock of town, by whom cast. 5. Obligations of and to Companies. 57. Companies to afford each other mutual 2. Railroad Commissioners. facilities. 8. To pass over road free. S8. Ilow compelled to make proper connection. 9. To giv~e r notic~ b~efore approving lay'-out. 59. Trunk roads to afford equal facilities to in10. To certify that road is safe, before it is tersectiny roads. opened. l to 1 To pexamined. roads, how often.60. How to compel this to be done. 11. To examine roads, how often. 61. Order by Railroad Commissioners as to rail12. General duties. road coections. road connections. 13. Miay order gates, dflamen and signlals. 62. All connecting roads to have equal facili-14. May make recommendations. ties. 15. NMay apply for injunction against any com- 63. Penalty. pany, rwhen. C64. Connecting aprons: hand-cars not to he 16. Power to examine witnesses: penalties for left near crossings ~ drinkingT water for resistinge passengers; bagzage checks; namroes of 17. Report to Gerneral Assemlbly. depots to be posted up; designation of destination of trains. 3. Locatdonz and Cbonstrectt4ion. 1S. What lands may be taken. 66. Change in commutation fares. 19 Alteration of location. 20. How lands may be taken. 67. Transportation of milk. 68. Certain employees to wear badges. 21. Damages, if road is never actually opened. 69. Trespasses on cars on tracks; riding. on 22. Owners may require a plan of land taken.. T 23. iap of road to be filed with town clerk. platform. 24. Statement to be filed with Secretary. 70. Complaint by railroad agents. 23. Payment of laborers. 71. Punishment. 72. Engine bells and whistles. 26. Crossin( other roads.. 73. To be sounded at crossings. 27. Contracts with connecting roads. 74. Engineers to have copies of this law, and 28. Crossing hihlrvays or water courses. 29. Appeals from order authorizing crossing be sworn to ohey it. of streams75. Stopping trains at bridges and crossings. = of streams. 76. Penalty. 30. Alteration ofhighways intersected: bri des. 31.> W at LVV grade U cs i iLbVU~ 77. Stopping trains at depot near draw bridge., 31. Warnin-boards at grade crossings. 78. Switches at railway junctions. 32. Right of way, how obtained on altering hi ghy. 7 79. Special order by Commissioners as to passhighways. hihwys ing crossings without stopping. 33. Heigfht of covered bridges. 34. Footways on railroa bridges.80. Number of brakemen required on a train. 34. Footways onl railroad bridges. 35. R y ailroads f dg 81. Notice to Commissioners of accidents. 35. Railroads to be fenced within twelve months. 6. Bonds and Mortgagyes. 36. Land owners to fence, when. S2. Loans, and bonds. 37. Companies to fence, when. 83. Mortgage of road. 38. How compelled to fence. 84. Surrender of road to mortgage trustees. 39. Penalty forlneglect. 85. Limitation of liability of trustees in pos40. Land owners how compelled to fence. session. 41. Lien on laud of owner neglecting to fence. 86. Return and record of inventory. 42. Company to fence next to highway. 87. Rendition of quarterly accounts: fore43. And between road and highway, if unin- closure. closed.' 88. Removal of trustees. 44. Re-imbarsement by owner of land. 89. Rights of prior incumbrancers saved. 45. Cattle-guards. 90. Trustees to have the powers ofthe company. 46. State's Attorney to complain, if company 91. Expenses and compensation of trustees. fail to repair highways. 7. Reports of Companies. 4. nDpots. 92. Forms forreports. 47. When railroad trains to stop near villares. 93. Reports tobe made annually. 48. Stations, how established on petition to 94. Additional returns. judge of Superior Court. 95. Defective returns. Chap. 2, Part 9.] RAILROAD COMPANIES. 319 1. OFFICERS AND MEMBERS. SEC. 1. All railroad companies, which transport passengers or freight 1849. 1562. 1871. on their roads otherwise than by animal power alone, shall have all the NWhatral'lroads powers, and be subject to all the provisions contained in the succeeding the prokisions sections of this Article respecting such companies, except when otherwise specially provided in their charters. SEC. 2. The direction of the affairs of every such company shall be Company oflcer; and byvested in a board of not less than nine directors, annually chosen by the laws. company, who may fill any vacancies which may occur in their number, and shall elect one of their own number president of the board, who shall also be president of the company, and may also choose a secretary, who shall also be secretary of the company, and be sworn to a faithful discharge of his duty, and a treasurer who shall give bonds to the company in such sum as shall be required by the by-laws, for the faithful discharge of his trust, and such other officers as they may deem expedient, and may make by-laws and regulations in regard to the management of the stock, property and affairs of said company. SEC. 3. No president of'any railroad company situated wholly with- 1832. President or out this State, having a board of officers unconnected with any railroad vice-president of company out company incorporated in this State, shall hold the office of president or of State not eligible to simivice-president of any railroad company incorporated in whole or in part lmaoffice in this by the laws of this State. State. SEc. 4. All meetings of the company shall be called in such manner s849. MIeetin's, how as shall be provided in the by-laws, and at such meetings each member called; stock shall be entitled to one vote for each share held by him. votes. SEC. 5. Every railroad company may prohibit its officers from voting 1s53. Officers, w'hen in the election of directors upon any other stock than their own; and no not to vote on stock of others. officer of such company shall request any stockholder to execute a power of attorney to vote upon his stock; and no person shall be allowed to vote by virtue of a power so obtained; and any person who shall violate the Penalty. provisions of this section shall be disqualified from holding any office in said company for one year thereafter. SEC. 6. No subscriber to the capital stock of any railroad company Stock not to be voted on, if asshall be allowed to vote on any of said stock, unless all assessments or in- sessments are stallments on it, legally called in by such company, shall have been paid in unpaid. full. SEC. 7. The agent appointed by any town to subscribe for stock in s869. Who may vote any railroad company may vote on the shares of stock subscribed for by on shares of railroad stock him, in all meetings of such company, unless such town shall otherwise subscribed for direct. by towns. direct. 2. RAILROAD COMMISSIONERS. SEC. 8. The Railroad Commissioners shall have the right to pass free To pass free on of charge, in the performance of their duties, on all the railroads in the railroadsState, and to take with them any person in their official employment. SEC. 9. Before the Railroad Commissioners shall approve the laying To give notice out of any railroad, or the taking of any real estate for the purposes of of lay-out, &c. said road, or any change or alteration of the same, they shall give reasonable notice to all persons having an interest in such estate to attend and be heard; and the appraisers shall cause a like notice to be given to all persons interested in the real estate taken or proposed to be taken; and if any 320 PRIVATE CORPORATIONS. [Title 17. such person resides out of this State, or is a feme covert, infant, or cestui que trust, or non conpos mentis, any judge of the Superior Court may prescribe the notice to be given to such person. 1856. SEc. 10. No part of any railroad shall be opened for public travel To certify that road is safe unless the railroad company shall first obtain a certificate, signed by the before it is opened. Railroad Commissioners, that said road is in a suitable and safe condition. 1850. 1856. SEC.'11. The Railroad Commissioners shall, at least twice in each year, 1862. To examine examine the several railroads in this State, and shall make a like examinarailroads at least twice a tion of any railroad within the limits of any town, when thereto requested year. in writing by the selectmen, and shall see that the same are kept in suitable repair, and that the railroad companies faithfully comply with all provisions of law. 1874. SEC. 12. Said Commissioners shall cause such portion of the laws relating to railroads, as they deem proper, to be posted as they shall direct; and may at any time, and on the complaint in writing of five of the stockholders or creditors of any railroad company, assigning sufficient reason, shall examine its railroad and all its appurtenances, engines and cars, and its by-laws and rules, and in such examinations shall pass over the road at a rate not exceeding six miles an hour, and shall stop at each culvert, bridge, and piling and examine the same, and shall examine the rails and ties in every mile; notifying the company in writing of the time of such examinations; and shall notify the company to make all repairs required, within a time limited; shall make such rules as to platforms and out-buildings at stations, as are for the public interest; may prescribe the time during which any ticket office shall be open for the sale of tickets, and no company neglecting such order shall receive more than the regular ticket price for fare; shall make necessary orders for compelling companies to furnish comfortable seats for passengers, and for regulating the manner in which companies shall manage their engines and cars at highway crossings; shall direct that suitable warning boards be put up at dangerous crossings; may require companies to maintain a gate across a highway at any crossing, and to provide an agent to open and close the same; shall, when two roads meet or intersect, at the request of the directors of the company owning either, prescribe rules relative to the exchange of passengers and luggage; and shall cause printed copies of the sixty-ninth, seventieth and seventyfirst sections of this Article to be kept posted up at all railroad stations. 1860. 1s65. SEC. 13. Said Commissioners, when requested in writing by the selectMay order gates, flagmen, men of any town to order a gate or electric signal to be erected or a flagman or signalsn. to be stationed at any railroad crossing, shall visit such place, first giving said selectmen reasonable notice thereof; and if the public safety requires it, shall order the company operating said railroad to maintain a gate or electric signal, or to keep a flagman at said place, or to do any other act at said place needful for the protection of the public; and may specify when said gate shall be opened and closed, or when said flagman shall be on duty; and may change any such order when they deem it necessary, first visiting said town and there giving said selectmen an opportunity to be heard thereon. And if any railroad company shall neglect to'station flagmen as ordered by said Commissioners, it shall forfeit to the State fifty dollars for each day of such neglect. 18S3. SEC. 14. The Railroad Commissioners shall recommend in writing to recommenda- the several railroad companies, or any of them, from time to time, the tions. Chap. 2, Part 9.] RAILROAD COMPANIES. 321 adoption of such measures and regulations as such Commissioners deem conducive to the public safety and interest; and shall report any neglect to adopt such recommendations to the next General Assembly. SEC. 15. If, upon examination of any railroad, or the affairs of any 1853. railroad company, the Commissioners shall be of opinion that such road is injunction against corporain such condition, or that its affairs are so conducted, as to endanger the tion, when. safety of the public, or that the company has violated the law or refused to obey the directions of said Commissioners or of any judge of the Superior Court, made pursuant to the powers given in this Part, they may within one year after said examination make application to any judge of the Supericr Court for an injunction to restrain any person from exercising or attempting to exercise the duties of any office in such company; and said judge may proceed thereon as the Superior Court may do on petitions for any injunction. SEC. 16. The Railroad Commissioners may summon and examine under 1872. Power to oath such witnesses as they may think proper in relation to the affairs of examine witnlesses. any railroad company; and whoever shall refuse, without justifiable cause, to appear and testify, or who shall in any way obstruct any Railroad Commissioner in the discharge of his duty, shall be fined not exceeding one Penalty for rethousand dollars, or imprisoned not exceeding one year, or both. sistihlg. SEC. 17. The Railroad Commissioners shall make a report of the general Report to Genconduct and condition of all railroads, and of any violation of law by any eral Assembly of them, to each General Assembly in the first week of its session, with such suggestions for legislation as they deem proper. 3. LOCATION AND CONSTRUCTION. SEC. 1. Every railroad company may lay out its road not exceeding 1849. six rods wide, and for the purpose of cuttings, embankments and procur- lCm aynd ing stone and gravel, and for necessary turnouts, may take as much more takyment of real estate within the limits of its charter, as may be necessary for the appraisal. proper construction and security of the road; but no real estate without the limits of said road shall be so taken, without the permission of the parties interested therein, unless the Railroad Commissioners, on application Comnmissioners of such company, and after notice to said parties, shall first prescribe the limits.cibe limits within which real estate shall be taken for said purposes; and n( railroad company shall lay out and finally locate its road, without the written approbation of the location by said Commissioners, except so far as the location is definitely fixed in the charter or articles of association, provided that all damages that may be occasioned to any person, by the taking of any real estate for said purposes, shall be paid for by said company, as hereinafter provided. SEC. 19. Every railroad company, after its line of road shall have been 1863. located, approved and established, may so far alter the location of such Alteration of location. road as to change the radius of its curves, straighten and improve its lines, width and extent of depot grounds, slopes and embankments, and extend its lines of sight, when such changer are approved by the Railroad Commissioners; a certificate of which changes, duly signed by such Commissioners, Certificate of shall be lodged for record in the town clerk's office, in the town or towns alteration to be where such changes are made. SEC. 20. When any railroad company shall have the right to take real s849. l86s. estate for railroad purposes, and cannot obtain it by agreement with Land howtaken, appraisal, damages, &c. 322 PRIVATE CORPORATIONS. [Title 17. the parties interested therein, it may apply to any judge of the Superior Court for the appointment of appraisers to estimate all damages that may arise to any person from the talcing and occupation of such real estate for railroad purposes, and after reasonable notice of said application shall have been given to all parties in interest, such judge shall appoint three appraisers; who shall be sworn, and give reasonable notice to said parties in regard to the time and place of making such estimate, and shall view the premises and estimate such damages, but shall not include in such estimate the expense of erecting and maintaining fences along the line of such railroad; and shall return an appraisal of such damages, in writing, under their hands, to the clerk of the Superior Court in the county where the estate lies, who shall record it; and when so returned and recorded such appraisal shall have the effect of a judgment, and execution may issue at the end of sixty days from the time of such return, in favor of the persons respectively to whom damages may be appraised; and said appraisers shall be paid by said company for the time actually spent in making such Railroad not to appraisal and return; bat no railroad shall be worked upon, or opened be worked until damages have'across any real estate, until the damages, appraised to any person interested been paid. therein, shall have been paid or secured to be paid to his satisfaction, or deposited with the treasurer of the county for his use.* 1858. SEC. 21. WAhen any real estate shall have been laid out for railroad Lanrecover cta purposes, and. the damages shall have been appraised, and such road, or awhere roald l any part thereof shall have been abandoned or discontinued before the discontinued. same shall have been opened and worked, no such execution shall issue nor shall an action be brought against said company for the recovery of such damages by any of the owners of land over which such road, or part of a road, shall have been laid out and discontinued as aforesaid; but any such owner may recover of such company the actual damage which he may have suffered in consequence of the laying out of such road, or from any unreasonable delay in opening and working the same. 1849. SEC. 22. WVhen any railroad company shall take any property for the Owners may re- purposes of its railroad, the owner of such property may at any time within quire a plan of p land taken.. three years thereafter demand in writing of the treasurer of the company a written description of the property so taken; and said company shall within thirty days deliver to him such description; and if it fail to do so, all its rights to enter upon or use said property, except for making surveys, shall be suspended until it shall have so delivered such description. Corporation to SEC. 23. Within ninety days after the railroad of any company shall have deposit plan of road with town been laid out in any town and approved by the Railroad Commissioners, such clerk. company shall deposit with the town clerk a correct plan, signed by its president, of so much of said railroad as lies in said town, drawn upon a scale of at least five inches to the mile, upon which shall be accurately delineated the direction and length of each course, and the width of the land taken. Location of SEC. 24. Every railroad company shall, within six months after the final road to be filed in Secretary's location of its road, file a statement of such location, defining the courses office. and distances, with the Secretary of this State. is70.' SEC. 25. Every railroad company in making contracts for the building Security from contractors for of its road shall require sufficient security from the contractors for the paypaying laborers; liability of company therefor. Owner of fee of highway, on which a railroad is located, entitled to damages. 26 Conn.. 249. Incidental injury to adjacent land of same proprietor to be considered. 21 Conn., 294. Chap. 2, Part 9.] RAILROAD COMPANIES. 323 ment of all labor thereafter performed in constructing the road by persons in their employ; and such company shall be liable to the laborers employed, for labor actually performed on the road, if they within twenty days after the completion of such labor shall in writing notify its treasurer that they have not been paid by the contractors. SEC. 26. Every railroad company may, if necessary in the construction I st. Intersections or of its railroad, cross or connect with any other railroad, and if it cannot connections with other agree with the managers of such other railroad as to the same, the Railroad roads. Commissioners may determine the place and manner of such connection or crossing, after giving reasonable notice to the companies to attend and be heard; but no railroad shall cross any double track railroad at grade, except for the purpose of connecting therewith. SEC. 27. Any railroad company may make lawful contracts with any Contracts witnh connecting or other railroad company, with whose railway its track may connect or inter- intersectino' roads. sect, in relation to its business or property, and may take a lease of the property or franchise of, or lease its property or franchises to, any such railway company; and may construct branches from the main line to any place Branches. in this State, subject to the provisions of this Part. SEC. 28. When it shall be necessary for the construction of a railroad 1849. Crossing higihto intersect or cross any water course not navigable, or any public highway, ways or water courses. the railroad company may construct said railroad across or upon the same if the Railroad Commissioners shall judge it necessary; but said company shall restore said water course or highway, thus intersected, to its former state, or in a sufficient manner not to impair its usefulness; and in case any highway is so located that said railroad cannot be judiciously constructed across or upon the same without interfering therewith, said company may, with the consent of said Commissioners, cause such highway to be changed or altered, so that said railroad may be made on the best site for that purpose; but said company shall put such highway in as good situation and repair as it was previous to such alteration, under the direction of said Commissionels, whose determination thereon shall be final.* SEC. 29. AVhen any railroad company shall be authorized by the Rail- 1s69. Appeals from road Commissioners to cross any stream of water, or water course, not order authorizing the crossing navigable, or pond of water, an appeal shall be allowed to any interested or non-navigable streams. person aggrieved by such permission, to any judge of the Superior Cour-t, within twenty days after the owners of the land adjoining said stream, at the point of said crossing, shall have had actual notice of the manner in which said Commissioners have permitted said stream to be crossed; which appeal shall be by a suitable petition, in writing, for a hearing in regard to the crossing, with a citation attached thereto, returnable within twelve days after its date, and served at least five days before the return day, upon such company. And said judge shall have, for the purpose of disposing of said appeal, all the powers of the Superior Court, and may proceed, by himself or by committee, to a hearing in regard to the propriety of said manner of crossing; and may render a decree either establishing more and sufficient water way at the place of crossing, or providing such method of crossing that the usefulness and safety of said stream may be preserved, and that the safety of the public may not be endangered; or may confirm said mode of crossing; and if said alteration is so decreed, Award of costs. *Determination of Commissioners cannot be reviewed by the Superior Court. 27 Conn., 146. 324 PR1VATE CORPORATIONS. [Title 17, may award costs against said company; and if said mode of crossing is confirmed, may award costs against the appellants, and may issue execution in favor of either party for costs, to be taxed as in civil actions in court. Appeal to be a Said appeal shall be a sutpersedeas, so far as said crossing is concerned, until szipersedeas. judgment shall be rendered thereon by said judge. 1s49. SEc. 30. Every railroad company, which may locate and construct a Mfay chance location or alter railroad across any turnpike, highway or public street, shall construct it so level of roads, intersected, as to cross over or under the same; and may, under the direction of the under direction of Commission- Railroad Commissioners, raise or lower the same, at said crcssing or ers. change the location thereof; and shall make and maintain such bridges, abutments, tunnels, arches, excavations, embankments and approaches, as the convenience and safety of the public travel upon said turnpike, highway or street, may require; but the Railroad Commissioners may, upon due notice to said company, and to the selectmen of the towvn, or mayor of the city, in which said crossing is situated, direct such company to construct its railroad at such crossing, upon a level with the turnpike, highway or street." 1885. SEc. 31. Every railroad company shall keep and maintain at each crossWarning boards at rrade cros- ing at grade of any highway, at which there is no gate, warning boards of such a description as the Railroad Commissioners may approve. isnT. SEC. 32. WThen any highway or street shall be changed or altered by night of way for highways for any railroad company with the consent of the Railroad Commissioners, and railroads, flow obtained. it shall be necessary to take any land for a highway to which such company has not obtained a title, and over which neither said company nor the town in which such change shall be made has any right of way, and said company is unable to agree with the owner thereof in regard to the amount of damages to be paid therefor, the same proceedings shall be had for the purpose of procuring the required right of way as are provided by the twentieth section of this Article, in regard to taking land for railroad purposes. 1869. SEC. 33. All covered bridges constructed on the line of any railroad Covered nbridges, height shall be not less than eighteen feet in height from the top surface of the rail laid in the track on the bridge to the under side of the cross-beams overhead. t 1S66. SEC. 34. When in the opinion of the selectmen of any town, or of the Foot-rays upon railroad Common Council of any city, a footway upon the line of any railroad bridge bridges. or causeway within the limits of such town or city would be of public convenience, and the railroad company owning such bridge or causeway shall not consent thereto, such selectmen or Common Council may call out the Railroad Commissioners, who, after due notice to such company, shall inquire into the facts, at the expense of such town or city. And if said Commissioners shall find that a footway along such bridge or causeway would be of public convenience or accommodation, they shall authorize such town or city to construct and maintain the same at their own expense, and to attach the same for support to such bridge or causeway; provided, such footway be constructed entirely outside of the bridge or causeway to which it is attached, and so constructed, used, and maintained as not to interfere with the necessary and proper use of such bridge or causeway by such company. * To what extent the company is bound to maintain approaches, &c. 39 Conn., 128. tFor the height required for bridges in highways over railroads see Title XVI, Chapter VII, Part 1. Chap. 2, Part 9.] RAILROAD COMPANIES. 325 SEC. 35. All railroad companies shall cause their road to be fenced within 1s67. Railroads to be twelve months after they enter upon and take possession of the lands through fenced within tw-elve mionths which they pass. SEC. 36. Every owner of land adjoining any railroad, who prior to the 1s8is. twenty-second day of June, 1850, receiyed compensation for fencing along hlyellnto fence the line of land taken for the purposes of said railroad, shall build and line. maintain a lawful fence on said line, or as near thereto as he conveniently can; and if said owner, his heirs or assigns, shall not build said fence within Penalty for negsixty days after he shall have been notified so to do by said company, it lect. may build the same, and recover the expense thereof from the person so neglecting to build or maintain said fence. SEC. 37. Every railroad company, incorporated after the first AVednes- s50o. Companies to day of May, 1850, shall erect and maintain sufficient fences on both sides fence, when. of its railroad throughout its whole extent, except where in the opinion of the Railroad Commissioners the erection and maintenance of the same shall be inexpedient or unnecessary. SEC. 38. When any owner of land on the line of any railroad, in pro- s865. cess of construction, or constructed, shall complain in writing to the Rail- How compelled road Commissioners that the railroad company constructing or operating complaint of said road neglects or refuses to erect a suitable fence along said line, to his damage or inconvenience, they shall visit and examine the locality where said grievance is so alleged to exist; and if, in their opinion, there is just cause for said complaint, said Commissioners shall order said company to erect a suitable fence at said place, in such manner and within such time as they shall prescribe; and said order shall be served in writing on said company. SEc. 39. Any railroad company, which shall neglect or refuse to erect Penalty for neg said fence in compliance with said order, shall forfeit fifty dollars for each lect to fence. day's neglect or refusal so to do; half to him who shall sue therefor, and half to the State. SEC. 40. -irWhen it is the duty of any owner of land to erect or maintain Land owner, a fence, in any place along the line of any railroad in this State, and he shall to fempce.d neglect to erect or maintain a suitable fence in such place, if, in the opinion of the Railroad Commissioners, such fence is needed thereat, they shall give him notice in writing, that unless such fence shall be erected within a time specified in such notice, the railroad company, whose line is-adjoining said land, will be required to erect such fence at his expense; and, if he shall not erect such fence within the time so limited in such notice, shall then notify said company of their action, and of the neglect of said owner, and give an order in writing to said company to erect such fence within such time as said order shall prescribe; and if said company, after being duly served with a copy of said order, shall neglect or refuse to comply there with, it shall incur the forfeiture prescribed in the preceding section, to be recovered in the same manner. SEC. 41. WVhen any railroad company shall have incurred any expense Lien of cornin the erection of any fence, in compliance with the provisions of the pre_- pany on land of owner neglectceding section, such expense, having first been ascertained and approved by in- to fence, for expenses. the Railroad Commissioners, shall constitute a lien in favor of said company upon the land against which said fence is erected or repaired and adjoining and connected therewith, owned by the person whose duty it was to erect said fence; and said lien shall take precedence of every other lien or incum 326 PRIVATE CORPOIRATIONS. [Title 17. Certificate of brance upon said land, and may be foreclosed in the same manner as mortlien to be filedl Aw ithtown gage liens; but shall not continue in force, unless said company shall clerk, and recorded. within sixty days after the completion of said fence, lodge a certificate with the town clerk of the town in which said land is situated, describing the premises on which said lien shall be claimed, and specifying the amount claimed as a lien'thereon, and the date and commencement of said lien, which certificate shall be recorded in the land records of said town. 1869. SEC. 42. Every railroad company shall construct and maintain good Companies to feIce next to and sufficient railings or fences on one or both sides of any part of its highway. road, which is within the limits of any public highway or turnpike road, or adjoining thereto, when necessary for the safety of persons or property passing over such highway or turnpike; and the Commissioners shall examine and inquire into the necessity for the construction or repair of any fence or fences, on any part of said road, as aforesaid, when thereunto requested in writing by the selectmen of any town, or by the mayor of any city. 1871. SEC. 43. Every railroad company shall construct and maintain good Companies to fence between and sufficient railings or fences on one or both sides of its road, when the'ailroad and Lighway, if land between its line of right of way and any public highway or turnuninclosed. pike road is uninclosed and unfenced, when such railings or fences are necessary to prevent animals from passing from such public highway or turnpike road on to such railroad track; and if any person shall suffer any damage in his person or property by reason of the neglect of any railroad company in the premises, such company shall pay him just damages. Re-imburse- SEC. 44. If it is the duty of any person to construct or maintain any ment by owner of land. such fence, the railroad company constructing or maintaining it may proceed and collect the expense thereof from such person in the manner provided in the fortieth and forty-first sections of this Article. 1850. 1S74. SEC. 45. Every railroad company shall construct suitable cattle-guards Cattle guards. and fences therefrom at all crossings of pass-ways or highways, to prevent cattle from passing upon its railroad, except when the Railroad Commissioners deem it unnecessary.* 1857. SEC. 46. When any railroad company shall neglect to construct any State's Attor1ney to colll- highway, or bridge, which it is its duty to construct, or to keep in repair plain, if coinpany neglect to any bridge, embankment, filling or abutment, which it is its duty to mainrepair higway. tain, the State's Attorney in any county, wherein such neglect exists, or in which the whole, or any part of said highway or bridge is situated, shall make complaint thereof to the Superior Court for such county, which shall proceed in the same manner. against said railroad company, as is required against towns, neglecting to construct any road laid out by the Superior Ccurt, or to keep in repair any public road within their limits, which it is their duty to construct, or keep in repair. 4. DEPOTS. 1866. SEC. 47. When the business center of any village containing two hunWVYhen railroad trains shallstop dred inhabitants is more than one and a half miles from the nearest stanear villages. tion on a railroad, and not more than one-third of a mile from said road, the Railroad Commnissioners, upon the petition of twenty of said inhabitants, after due inquiry may make such orders in regard. to the stoppage of any * See 27 Conn., 479. Chap. 2, Part 9.] RAILROAD COMPANIES. 3'27 of the trains upon said railroad, at or near said village, for the purpose of receiving and discharging passengers and freight, as they shall deem just and reasonable; and no railroad company, whose trains may be thus required to stop, shall charge more than five cents for each mile and fraction of a mile, for transporting passengers between such stopping place and the next station. SEC. 48. When twenty electors shall present their petition to a judge 1s65. Stations, how of the Superior Court, alleging that the managers of any unfinished rail- established. road ought to establish a station at or near a place named, and that they have reason to fear that said managers do not intend so to do, he shall, after due notice to said managers, appoint a practical engineer skilled in the construction of railroads, who, after being duly sworn, shall, with the Railroid Commissioners, hear said petition, after due notice to all parties in interest; and if on such hearing said Commissioners concur with said engineer in finding such petition true, they shall in writing designate the place within the limits embraced in said petition, where said company shall establish and maintain a suitable station; and said company shall establish Petition to be and maintain said station at such place; if the Commissioners shall concur disumissed it fotind -untrue with said engineer in finding said petition untrue, they shall dismiss the eng'ineer andl Commissioners same; and if said engineer shall not concur with said Commissioners, lihe tomake separate reports, if and they shall each make a written report of the facts found by them, lthey disagree. respectively, and of their respective opinions thereon, to said judge, who shall, thereupon, make such order as, upon an examination of said reports, he may deem reasonable; and any order so made by him, against said company, shall be binding upon it. SEC. 49. Said judge may at any time require said petitioners, on pen- Security for compensation alty of dismissal of their petition, to give such security as he shall order of entineer. for the payment of such fees and expenses of said engineer, as shall be taxed by him after due hearing of the parties thereon, which shall be paid by the petitioners; but, if said judge shall so order, the whole or a part thereof shall be refunded by said company to the petitioners. SEC. 50. No railroad company shall abandon any station on its road, in St1tio866.otto this State, after the same has been established for twelve months, except by be discontinued this State,'7 without approthe approval of the Railroad Commissioners, given after a public hearing val of Commisheld at such station, notice of which shall be posted conspicuously in said station for one month previous to the hearing. SEC. 51.. Any station on any railroad in this State, which was abandoned Abandoned between the first day of January,'and the fourth day of July, 1866, re-established, shall, upon the petition to the Railroad Commissioners of thirty freeholders residing in the town where said station was located, be restored, upon the approval of said Commissioners given after a public hearing held at the station nearest to said abandoned station, and after notice of said hearing shall have been conspicuously posted at the place of hearing, for one month previous to the hearing.* SEC. 52. Any person aggrieved by any order of the Railroad Commis- ls874. Appeals from sioners made after the fourteenth day of August, 1874, upon any pro- ailroad Conmceeding relative to the location, abandonment or changing of depots or stations, to which he was or ought to have been made a party, may appeal from the same to the Superior Court of the county in which the cause of * As to what constitutes a station, see 37 Conn., 153. 328 PRIVATE CORPORATIONS. [Title 17. appeal shall arise, within twenty days after the publication of such order, by a petition in writing, with a proper citation, signed by competent authority, to all parties to said proceeding having an interest adverse to him, to be served upon them at least five days before the return day; and said court may hear said appeal and re-examine the question of the propriety and expediency of the order appealed from, either by itself or a committee, and shall proceed thereon in the same manner as upon petitions in equity; and in case said order is not affirmed, may make any other order in the premises that it may deem proper; and may award costs at its discretion. Such appeal shall be a supersedeas of the order appealed from, until the final action of said court thereon, and said final order may be enforced by said court by attachment, mandamus or otherwise, as it shall deem proper. 18585. SEC. 53. When any railroad company in this State shall refuse to stop Application to Superior Cotrt any of its passenger trains at any station, any ten freeholders of the town paie to stopn- in which such station is situated may make their application in writing to passenger trains at depot. the Superior Court, and if said court is not in session, to any judge thereof, praying that said company may be ordered to stop the train or trains mentioned in said application at said station; to which application a citation shall be annexed, and the same shall be served upon such conlpany. at least six days before the return day named therein. Hearing before SEC. 54. Said court, or judge as the case may be, shall appoint a comcommitcee. mittee of three disinterested persons, who, being first duly sworn, shall hear and decide upon said application at such time and place, and with such notice to those interested as said court or judge shall order; and if said committee shall be of opinion that said application ought to be granted, they may order said company to stop its train or trains in the manner prescribed in said order, and make such other order as they shall deem just and reasonable, and shall make return of their doings to the next term of said court. Report of corn- SEC 55. Upon such return, either party may object to the acceptance mittee. of the same for any irregularity or improper conduct, and the court for such cause may set it aside and order a rehearing; but if the court accept the same, it shall be conclusive and said company shall obey said order. Order, how en- SEC. 56. Said order may be enforced by mandamus, and the costs of forced. Costs. said proceeding may be taxed by said committee against either or both of said parties. 5. OBLIGATIONS OF.AND TO COMPANIES. 1859. 1864. SEC. 57. Every railroad company shall run its trains each way for Companies to afford each passengers at such times and in such manner as to afford reasonable facili. other mutual facilities. ties for receiving passengers from, and delivering them to, the other railroads in this State, connected therewith; and when the business connections of the railroad of any company with the railroad of any other company are not convenient and reasonable for the accommodation of passengers over said road, said company shall make such connections as the public travel and business may require. 1864. SEC. 58. Any person, who shall be aggrieved by the neglect of any How compelled to make proper railroad company to make such connections, may prefer a petition against nnetins. such company to any judge of the Superior Court, who is not a resident of the county in which the grievance complained of exists, averring such neglect, which petition shall be served upon the respondents at least twelve Chap. 2, Part 9.] RAILROAD COMPANIES. 329 days before it is made returnable; and said judge shall, by himself or by a nearin., before committee, inquire into the allegations of the petition, after such notice of the hearing as he shall order, and, if the allegations in the petition are Order. found fo be true, shall order such company to make such connections, on penalty of forfeiting to the petitioner not less than fifty dollars for each day that it shall fail to comply with said order; and in such case the costs. judge may tax costs at his discretion, and issue execution therefor. SEC. 59. When the railroad of any company, being a trunk road, shall, sis9. Trunk roads to at or near the same place, connect with or be intersected by two or more afford equal facilities to inother railroads, which are competing lines for the business to or from such tersecting trunk railroad, equal facilities, including price and rates, shall be afforded roads. by the company operating said trunk road to each of said competing roads, in the interchange of cars and transportation of freight, as well as in ticketing passengers and checking baggage. SEC. 60. If any such competing railroad company shall, at any time, How to compel deem itself aggrieved in reference to such facilities, its managers may such facitieshed. complain to the Railroad Commissioners, who, after due notice and hearing, shall prescribe such regulations as will, in their judgment, secure reasonable facilities for the accommodation of the business of each of said connecting railroads, and fix the terms on which such facilities shall be afforded by or to each of said railroad companies; and the Superior Court may compel the performance thereof, by attachment, mnandamnus, or otherwise, and the expenses of the proceedings shall be paid by said parties, as shall be determined on by said court. SEC. 61. When it shall appear to the Railroad Commissioners, by the 1856. 18s9. written complaint of the president, or a majority of the directors, of any Orderoby aislrailroad company in this State, or of a majority of the selectmen of any sioners as to town through which any railroad passes, that the business connections of be made. any other railroad connected with such railroad are not convenient and reasonable for the accommodation of the inhabitants on the line of such road, said Commissioners shall forthwith cause a notice to be given to all parties interested, specifying the time and place of hearing such complaint, and on such hearing, if good and sufficient cause exist, shall make such regulations in relation thereto as they shall deem proper; and any railroad company neglecting to comply with such regulations shall forfeit to the State twenty-five dollars for each day of such neglect. SEc. 62. Every person or corporation owning or operating any railroad, 1874. All connecting located wholly or in part within this State, which connects with any other roacd to havet railroad in this State, shall receive, and with reasonable dispatch draw equal facilities. over the same, the passengers, merchandise, and cars of the person or corporation owning or operating such connecting railroad, and shall not in any manner discriminate as to time and price for such hauling against said connecting railroad, in favor of other shippers at said point of connection; and if any such person or corporation shall fail so to do, complaint may be made thereof by such connecting railroad to the Railroad Commissioners, who, after reasonable notice to such person or corporation complained of, shall, if, upon a hearing, they find the complaint true, order such person or corporation to receive and forward, as herein provided for, such passengers, merchandise, and cars as may be delivered to him or it by said connecting railroad. 330 PRIVATE CORPORATIONS. [Title 1 7. Penalty. SEC. 63. Any person or corporation owning or operating any railroad, as aforesaid, refusing to conform to any order made, as aforesaid, shall shall be fined twenty-five dollars for each offence. i866s. 1s867. s872. SEc. 64. Every railroad company shall provide its passenger, baggage, Connecting aprons, mail, and express cars with suitable platforms to secure the safety of persons passing from car to car, or connecting aprons or bridges, to the approbation of said Commissioners, except that freight or baggage lS66. cars need not be thus connected with the platform of a passenger car Hand-cars. attached to a freight train; shall not allow any hand-car or other car not moved by steam, belonging to it, and used upon its railroad, when removed from the railroad track (except when placed in a building prepared for it), to remain within fifty feet of any road or highway crossing 1864. said track; shall, from the first day of May until the first day of NovemWater. ber, annually, carry through each passenger car, once an hour, a suitable quantity of good drinking water for the free use of the passengers, with suitable appurtenances for carrying it, and a clean glass tumbler for using 1S4S. it; shall give each passenger, who shall be separated from his baggage by Checks. said company, a receipt or check for it at the time of receiving it; and shall 2.Name o conspicuously post on each passenger depot building the name of the station, station, and on each passenger car which leaves the termini of their own 1866. or any other road, a legible card, or cards, not less than three feet in Designation of way and ex- length, with large letters, distinguishing way from express trains, and desigpress trains. nating the direction in which the trains are next to move, unless such cards ~shall be dispensed with by said Commissioners. Penalty for SEC. 65. No person shall fraudulently evade or attempt to evade the fraudulenlly payment of any fare lawfully established by a railroad company, and whoevading payment of fare. ever does not upon demand first pay such fare, shall not be entitled to be transported over any railroad; but conductors or employees of railroad companies shall not put a passenger off from trains between stations. 1865. SEC. 66. No railroad company, which has had a system of commutaChange in commjntation fares. tion fares in force for more than four years, shall abolish or alter it, except for the regulation of the price charged for such commutation; and such price shall, in no case, be raised to an extent that shall alter the ratio, as it existed on the first day of July, 1865, between such commutation and the rates then charged for way fare, on the railroad of such company. 1873. SEC. 67. Every railroad company shall transport milk for every person Transportation of milk. by the same trains and upon the same conditions as the milk of any other person is transported by it. 1~S56. SEC. 68. All the conductors, brakemen, and baggage-men, employed Certain employees to wear upon the passenger trains of any railroad company, shall wear, when on badrges. duty, in a conspicuous place, a badge denoting their respective duties, and the name of such company. 1849. SEC. 69. No person shall, without the permission of the managers of 1865. 1867i Being on car the railroad, be upon, or attach himself to any engine or car, upon the platform or grounds. or track of any railroad, or occupy any part of the platform, or grounds of driving on traclk. any railroad station, nor ride, drive or lead any beast on said track except for the purpose of crossing it. Agents of com- SEC. 70. Any station agent of any railroad company, who shall know panics to mnake complaint. or have immediate information that any person has violated any provision of the preceding section, shall forthwith inform a grand jurorl of the town in which said offence shall have been committed Chap. 2, Part 9.] RAILROAD COMPANIES. 331 SEC. 71. Every person who shall violate any provision of the two preo- Punishment. ceding sections shall be fined not exceeding fifty dollars, or imprisoned not exceeding thirty days, or both. SEC. 72. Every engine used upon any railroad shall be supplied with a 1si5. Engines to have bell of at least thirty-five pounds weight, and a suitable steam whistle, which belland whistle. bell and whistle shall be so attached to such engine as to be conveniently accessible to the engineer, and in good order for use. SEC. 73. Every person controlling the motions of any engine, upon any Engineers to sound bell or railroad, shall commence sounding the bell or steam whistle attached to w'ilstihen such engine, when such engine shall be approaching, and within eighty cay highrods of the place where said railroad crosses any highway at grade, and keep such bell or whistle occasionally sounding until such engine has crossed such highway; and the railroad company, in whose employment he Liability of cormay be, shall pay all damages which may accrue to any person in conse- potation. quence of any omission to comply with the provisions of this section; and no railroad company shall, knowingly, employ any engineer who has been twice convicted of violating the provisions of this section. SEC. 74. No railroad company shall permit any person to drive Engineers to hav'e copies of any engine upon any railrbad operated by such company, unless he shall this law and be have first received a printed copy of this and the two preceding sections, itorn to o.be and shall have made oath that he will faithfully comply with the provisions thereof. SEC. 75. All railroad trains shall be brought to a full stop, at a distance 1853. 1869. not less than two hundred feet, nor more than eight hundred feet, from the beftre tpao Sti draw in every draw-bridge, upon the line of the railroad over which drairoad crlossthey are to be run, and from every point where such railroad is crossed by ing. another railroad, and iln plain sight of the same, before being run upon or commissioners over such draw or crossing; but the Railroad Commissioners may in writing pmayianithorize authorize the passing of any draw or any railroad crossing, without stopping stopping. as aforesaid, when, in their opinion, it can be done consistently with public safety. SEC. 76. Every person running such a train, who shall violate the provi- Penalty for Rio sions of the preceding section, shall be fined not exceeding one hundred lation. dollars, or imprisoned not exceeding three months; and the president and directors of any railroad company, who shall knowingly permit any violation of the same, shall be fined five hundred dollars. SEC. 77. All trains, which are obliged to come to a full stop before ls65. crossing any draw-bridge, shall, when the Railroad Commissioners shall so trains to stop at order, stop at the regular station, nearest to such draw-bridge, for a suffi- oneaest regular cient length of time to accommodate passengers who may desire to enter draw-hridge. or leave said trains, if said station is in full view of said draw-bridge, and not more than one hundred and twenty rods therefrom. SEC. 78. No railroad company shall permit any passenger train to be 1853. 1s55. SwNitches at railrun over any switch, at any railroad junction of different roads, or at road junctions. any station where such train does not regularly stop, or is not then to be stopped, unless there be, at the time when such train shall arrive near such switch, a switchman standing at such junction switch, or the station switch so first approached, with a white flag by day, or a light at night, to indicate that such switches are in a proper position for the passage of such train; or unless, in the absence of such switchmen, said train shall be first brought to a full stop, at the distance of not less than two hundred 332 PRIVATE CORPORATIONS. [Title 17. feet, nor more than seven hundred feet therefrom; and every person who Penalty for vio- shall run a train over any such switch contrary to the provisions of this lation by en- ginle-man. section, shall be fined not exceeding one hundred dollars, or imprisoned not exceeding sixty clays, or both; and the president and directors of any Penalty for Tio- railroad company, who shall permit such train to be run over any such lation by president and direc- switch, contrary to the provisions of this section, shall be fined five tors. hundred dollars; but the Railroad Commissioners may dispense with such switchmen, at any places. 1S73. SEC. 79. The Commissioners may permit passenger trains to be run When trains may pass past any switch, station, or highway crossing without stopping, at such rate wvithout stop- of speed as they may prescribe, upon the provision by said company of pingt. such safeguards for the protection of its passengers and the public as said ~Commissioners may require; and for neglecting to make such provision, such company shall pay a fine of five hundred dollars. 1853. 1S54. SEC. 80. Upon every train run, or intended to be run, upon any railroad Nnumber of brakemen on in this State, at a greater average speed than thirty miles an hour, between train, stations, and consisting of more than two passenger cars, one brakeman shall be kept at the brake of each car; but when the double-action brake is used on any such train, but one brakeman need be kept upon and for every two cars connected with such train; and the Railroad Commissioners may grant permission to any railroad company to reduce the number of brakemen required upon passenger trains, when such company may have adopted a system of brakes to be operated by the engineer, which in the opinion of said Commissioners may render such number of brakemen unnecessary; but said Commissioners may revoke such permission when they consider the public safety requires; and on said revocation such company shall place upon its trains the number of brakemen required by law. 1853. SEC. 81. Every railroad company shall, within twenty-four hours after Companies to give notice to the occurrence of any accident, attended with serious personal injury, give Commissioners of accidents. notice of the same to the Railroad Commissioners, in writing, who, upon receiving such notice, or upon public rumor of such accident, may repair, or dispatch one of their number to the scene of said accident, and inquire into the facts and circumstances thereof; and the Commissioners shall, without charge, furnish any person injured, or the friends of any person killed, any information they may have acquired in relation to any disaster, and the names of the persons from whom the same was obtained, or by whom the same may be proved. 6. RONDS AND MORTGAGES. 1849. SEC. 82. Every railroad company may borrow money, and may secure Corporation may borrow the repayment of the same by its bonds, signed by its president, and counmoney, and issue bonds. tersigned by its treasurer; but before being issued, said bonds shall be registered in the office of the Controller, and a certificate thereof shall appear on the face of each bond; and the Controller shall cancel any bonds, so registered, which may be brought to him for that purpose, and enter said act of cancelling in his register; but no railroad company shall issue any bond of a less denomination than one hundred dollars, nor have bonds outstanding, at any one time, to a greater amount than onethird of the sum which its president and chief engineer shall certify, under oath, to the Controller, has been actually expended upon its road; and any Chap. 2, Part 9.] RIIILBOAD COAMPANIES. 333 false swearing in this matter, shall be perjury; and the Controller shall not permit the bonds of any railroad company, registered in his office, and uncanceled, to exceed the amount limited in this section.* Such company may sr60. s186. dispose of its bonds, as shall be authorized by its stockholders. May sell bonds. SEC. 83. The company may secure said bonds by a mortgage of its ls49. Railroad may property, or any part thereof, by deed duly executed by its president, under be mortgaged to secure the corporate seal, to the Treasurer of the State, and his successors in office, bonds. in trust for the holders of said bonds, and recorded in the office of the Secretary of this State. SEC. 84.'When any railroad company shall have mortgaged its property, 1S58. Surrender of or any part thereof, to any person, in trust, for the security of its creditors, roacd to mlortor for the security of any class of them, and shall have made default in the gage trustees. payment of principal or interest, due to such creditors, any such creditor may prefer his petition to the Superior Court, in any county in which such railroad, or any part thereof, is located, setting forth such fact, and praying that such trustee may be placed in the possession of such property, for the benefit of such creditors; and such petition shall be heard and determined at the first term of the court to which it is returnable, unless continued for reasonable cause; and if the allegations therein are found true, such court shall decree that the said company and its president and directors, under a suitable penalty, shall surrender such mortgaged property to the trustee, for the benefit of such creditors. SEC. 85. W~hen any such trustee shall have taken possession of any Limitation of property, in pursuance of the provisions of the preceding section, or in lt trutee in pospursuance of any authority contained in the mortgage or deed of trust, session. he shall take charge of, and operate, such railroad, or railroad property, for the benefit of the creditors for whom such trust was created, and shall not be personally liable for any cause or injury arising from the operation of such road, or while he may operate it, except for his willful mismanagement, or for any contracts made by him as such trustee; but all such property shall be liable for the acts and proceedings of such trustee, in the Tr,,st estate liable for acts of execution of his trust, to the extent of the interest of the creditors, for trustee. whose benefit he may act; and any proceeding, for the purpose of making said property liable, shall be brought against such trustee, describing him as such. SEC. 86. The trustee, upon taking possession of such property, shall Trustee to macke and reinake an inventory of all which may come into his possession, under oath, turn inventory. and lodge it for record in the office of the Secretary of this State; and if any other property shall, from time to time, be discovered by him, he shall make and lodge a like inventory, under oath, as aforesaid. SEC. 87. The trustee shall, from time to time, while operating such road, Trustee to ren, file his account, quarterly, in the office of the Secretary of this State, acoq`uatesl y of all moneys received or disbursed by him, in the course of his agency; Secretary. and may proceed at his discretion, in the Superior Court, in any county May foreclose in which such railroad, or any part thereof, is located, to foreclose said for the bondbholders. railroad company, and all subsequent incumbrancers, for the use of the bondholders, or other creditors for whom he acts; and such court may limit the time for the redemption of the mortgaged property, as in ordinary proceedings for the foreclosure of real property. * Various points as to liability of railroad companies upon their bonds. 26 Conn., 121. 24 334 PRIVATE CORPORATIONS. LTitle 17. Superior Court SEC. 88. If such trustee shall neglect or unnecessarily delay to perform may remove trustee for his duties, any creditor, represented by such trustee, may apply to any cause, and appoint another. Superior Court aforesaid, for the removal of such trustee, which application shall be heard at the first term of said court; and upon such facts being found true, such court may remove the trustee from his office, and appoint another in his stead, and may, upon the application of any such creditor, remove a trustee, and fill the vacancy. Rights of prior SEC. 89. Nothing in the five preceding sections shall affect any mortincumbrancers, not to be af- gage, trust, or lien upon the property foreclosed, which was created prior fected. to the mortgage, trust, or lien, under which said trustee may act; but the trustee for all such prior incumbrancers may proceed, by foreclosure or otherwise, notwithstanding any act or proceeding by subsequent incumbrancers, or their trustees. 1874. SEC. 90. WVhen any such railroad is in the possession of an assignee, Trustees to have the same or trustee, he shall have the same rights, powers and privileges as are conpowers, &c as the corpora-' ferred upon railroad companies; and all expenses and damages incurred tion. by such persons so in possession, in good faith, to improve the lines of the railroads so in their charge, shall be re-imbursed to them from the earnings of such railroad while they have the possession thereof. 1858. SEC. 91. The expenses of operating such railroad, or other property, Expenses of road. damages, including repairs and all other reasonable expenses of the trustee, and any compensation of trustee, &c., damages incurred for any injury sustained during the time of his execution to be deducted from earnings. of said trust, and all claims secured by any prior mortgages or incumbrances, which shall have become payable before or during said time, and also a reasonable compensation to be allowed to the trustee, by the Superior Court, shall be deducted from the earnings of the road, before any part of such earnings shall be paid to the creditors. 7. REPORTS OF COMPANIES. 1872. SEC. 92. The Railroad Commissioners shall annually furnish to the comForms for returns. pany or trustees, operating each railroad, duplicate blank forms for returns, as follows: ANNUAL STATISTICS. 1. Capital stock authorized by charter. 2. Capital stock authorized by votes of the company. 3. Capital stock actually paid in. 4. Capital stock issued for earnings, which has not been divided amo.ng stockholders. 5. Capital stock issued, upon which no payment has been made either in cash or its equivalent. 6. Total number of shares of stock issued. 7. Par value per share of capital stock. 8. Total par value of stock issued. 9. Total market value on the 30th September of stock issued. 10. Amount of capital stock issued per mile of railroad owned by the company. 11. Proportion of stock issued for Connecticut. 12. Amount of stock held in Connecticut. 13. Number of stockholders residing in Connecticut. Chap. 2, Part 9.] RAILROAD COMPANIES. 335 DEBTS. 1. Total amount of funded debt. First mortgage bonds due. 1 Rate of interest per cent. Second mortgage bonds due. Rate of interest per cent. All others. 2. Amount of floating debt. 3. Total amount of funded and floating debt. 4. Proportion of same per mile of road. 5. Proportion of same for Connecticut. COST. 1. Total cost of entire road to date. (This item to include grading and masonry, bridging, superstructure, land damages and fences, stations, engine and car houses, and cost of engineering.) 2. Proportion of same per mile of road. 3. Proportion of same for Connecticut. 4. Total cost of entire equipment. (This item to include locomotives, cars, machinery and tools, and machine shops not included above.) 5. Proportion of same per mile of road. 6. Proportion of same for Connecticut. CHARACTERISTICS. 1. Total length of main line of road. 2. Length of same in Connecticut. 3. Length of same in other States (giving names of States and length in each). 4. Name and length of branches. 5. Total length of branches. 6. Length of same in Connecticut. 7. Aggregate length of sidings. 8. Length of same in Connecticut. 9. Total length of track for the entire road (single track miles). 10. Length of same in Connecticut. 11. Total length of double track. 12. Length of same in Connecticut. 13. Miles of track laid with steel rails. 14. Aggregate length of wooden bridges. 15. Aggregate length of iron bridges. 16. Aggregate length of stone arch bridges. 17. Number of public highways crossed at grade in Connecticut. 18. Number of railroads crossed at grade in Connecticut. 19. Name of each. 20. Total number of stations on entire road. 21. Number of same in Connecticut. Roads belonging to other Companies operated by this Company under lease. 22. Name, termini, and length of each. 336 PRIVATE CORPORATIONS. [Title 17. 23.' Total length of all.'24. Total length of all in Connecticut. 25. Total number of stations on all roads operated by this company. 26. Total number of same in Connecticut. MOTIVE POWER AND CARS. 1. Number of engines, average weight with tender full ( 2. Number of passenger cars, average weight ( ). 3. Number merchandise cars, average weight ( ). 4. Number baggage cars, average weight ( ). 5. Number of gravel and other cars. 6. Number of men employed, exclusive of those engaged in construction. 7. Average rate of speed of express passenger trains when in motion. 8. Average rate of same, including stops. 9. Average rate of speed of accommodation trains. 10, Highest rate of speed allowed freight trains in motion. FARES AND FREIGHT. 1. Highest rate of passenger fare per mile for distances less than three miles. 2. Highest rate of same for distances more than three miles. 3. Highest rate per mile for through passengers. 4. General average rates. 5. Highest rate of freight per ton per mile for first, second, third, and fourth classes. 6. Lowest contract rate of same per ton per mile for first, second, third, and fourth classes. 7. Average rate of freight per ton per mile for first, second, third, and fourth classes. DOINGS DURING THE YEAR. 1. Miles run by passenger trains. 2. Miles run by freight trains. 3. Miles run by other trains. 4. Total miles run. 5. Number of passengers carried. 6. Number of passengers carried one mile. 7. Number of passengers carried one mile to and from other roads. 8. Tons of merchandise carried. 9. Tons of merchandise carried one mile. 10. Tons of merchandise carried to and from other roads. EXPENDITURES CHARGED TO COST OF ROAD AND EQUIPMENT DURING THE YEAR. 1. Extension or alteration of road. 2. Land or land damages. 3. New buildings. 4. New rolling stock. 5. Any other expenditure. 6. Total. Chap. 2, Part 9.] RAILROAD COMPANIES. 337 EXPENDITURES FOR OPERATING DURING THE YEAR. Cost of Maintenance of Way and Buildings. 1. Repairs of road, exclusive of bridges and new rails. 2. New iron rails (No. of tons and cost). 3. New steel rails (No. of tons and cost). 4. Repairs of bridges. 5. Repairs of buildings and fixtures. 6. Repairs of fences. 7. Removing ice and snow. 8. Total for maintenance of way. 9. Cost per mile of road kept in repair. 10. Proportion for Connecticut. Cost of Maintenance of Motive Power and Cars. 1. Repairs of locomotives. 2. Repairs of machinery. 3. Repairs of passenger, baggage, and mail cars. 4. Repairs of freight cars. 5. Cost of fuel, —wood, $ Total. coal, 6. Oil used by engines and cars. 7. Waste and other material for cleaning. 8. Total for maintenance of motive power and cars. 9. Cost per mile of road operated. 10. Proportion for Connecticut. MISCELLANEOUS. 1. Salaries, wages, and incidentals chargeable to passenger department. 2. Salaries, wages, and incidentals chargeable to freight department. 3. WVages of switchmen, signal-men, gate-keepers, and watchmen. 4. Gratuities. 5. Damages for injuries to person. 6. Damages for cattle killed. 7. Damages for loss of goods and baggage. 8. Damages to property, including damages by fire. 9. Taxes. 10. Insurance. 11. Telegraph expenses. 12. Amount paid other companies as rent for use of road, specifying each company. 13. Amount paid other companies in tolls for passengers and freight, specifying each company. 14. General salaries and office expenses, law expenses, and all other. expenses (except interest) not included in any of the above items. 15. Total miscellaneous. 16. Amount per mile of road operated. 17. Proportion for Connecticut. Total expenditure for operating the road. Total cost per mile of road operated. Proportionate total for Connecticut. 338 PRIVATE CORPORATIONS. [Title 17. INCOME. 1. From passengersOn main road and branches owned by company. To and from other roads. 2. From freightOn main road and branches owned by company. To and from other roads. 3. U. S. Mails. 4. Rents. 5. Expresses. 6. Total income. 7. Income per mile of road operated. 8. Proportionate income for Connecticut. 9. Income above operating expenses. 10. Amount paid for interest. 11. Total net income. 12. Number and per cent. of dividends. 13. Amount paid in dividends. 14. Paid to sinking fund. 15. Surplus for the year. 16. Surplus last year. 17. Total surplus. 18. Surplus invested as follows: Cash and loans. Balance of accounts due the company. Materials, fuel, and stores. Other items. Statement of each accident. (Signed,), President. (Signed,), Secretary. (Affidavit.) 1872. SEC. 93. All companies or trustees receiving such blank forms shall Annual reports. annually return to said Commissioners a full report giving accurate statistics for the year ending on the last day of September, in accordance with said forms, signed under oath by the president and treasurer of the company, or by a majority of the trustees who may be operating any railroad, and returned to the Commissioners on or before the first day of December; Penaltyforrefu- and every company whose president and treasurer or trustees shall refuse repl or neglect to or neglect to make such returns shall forfeit to the State twenty-five dollars for each day of such neglect or refusal; and said Commissioners shall report such forfeiture to the Treasurer; and the books of every such company shall at all times be open to the inspection of any committee of the General Assembly appointed for that purpose. 1874. SEC. 94. All such companies or trustees shall make such further returns Additional returns. as may be called for by said Commissioners, who may order such additions to the form of said returns and reports as they shall deem expedient, giving to the several companies one year's notice of any such changes as will require an alteration in the method or form of keeping their accounts; and shall, on or before the first day of September in each year, transmit to each railroad company blank forms of the returns and reports required of it. Chap. 2, Part 9.] RAILROAD COMPANIES. 339 SEC. 95. Every railroad company shall make its annual returns strictly 1872. Forms to be according to the forms provided; and if the officers or trustees find it im- accurately filled practicable to return all the items in detail, as required, they shall, in their up. report, give the reasons why they cannot be given; but no company shall be excused for not giving such details because it does not keep its accounts in such manner as will enable it to do so; and when any such Amending rereturns seem to said Commissioners defective or erroneous, they shall notify turns. the company or trustees making the same thereof, and require the amendments of such returns within fifteen days, under the same penalty as is provided for refusing or neglecting to make returns. ARTICLE III. Horse Railroads. SECTION SECTION 1. Steam power forbidden. 7. Snow, removal of, in New Haven and Fair2. Other motive power permitted. field counties. 3. Rails, how laid, and form thereof. 8. Snow not to be thrown on sidewalk. 4. Track to be kept in repair, how. 9. Salt not to be sprinkled on track or rails. b. Neglect to repair, how remedied. 10. Obstructing track punished. 6. Snow not to be removed, unless, &c. 11. Using vehicles fitted to track. 12. Annual report to General Assembly. SEC. 1. No horse railroad company shall use steam for motive power. 1864. SEC. 2. The use of any improved motive power for drawing passenger foStebidder cars on any horse railroad, other than that furnished by locomotives, dum- Other motive mies, or box engines used on steam railroads on the first day of January, power permit1875, may be permitted and regulated, in any city by the mayor and Common Council; in any borough, by the warden and burgesses; and in any part of a town not included in any city or borough, by the selectmen; subject to revocation by the authority granting the same, by a two-thirds vote of its members. SEC. 3. No such company shall lay down its rails upon any highway, ex- 1863. 1874. cept in the manner prescribed by the Common Council of the city, if the Rails, how laid same be in any city, otherwise by the selectmen of the town in which such rails are laid; and such Common Council or selectmen may prescribe the form of rail to be used in the construction of such railroad, and the plan and form of the curves in its tracks or branch road for turning street corners; and may permit said company to change the form of rail prescribed in its charter; but if any such company shall be aggrieved by such action of the Common Council or selectmen, it may appeal by petition to the Superior Court in the county, which may confirm, annul, or modify such action. SEc. 4. Every such company shall grade and keep in repair the railroad 1863. Companies to track and way, and the surface of the street adjoining the rails of its rail- keep the track road, for a space not less than two feet in width on each side of each rail; n repair, &c. and construct all cross-walks so that all vehicles can conveniently cross or turn off from such track; and in case of injury to any person, animal or City or town not liable for defect vehicle, arising from any defect in the grading or repair of such railroad in road octrack, or way, or such part of the surface of such street, no action shall be railroad track. maintained against such city or town therefor. 340 PEIVATE CORPORATIONS. [Title 17. Neglect to re- SEC. 5. If any such company shall neglect to repair any track, highway Lair track, &c., ow remedied. or cross-walk, as required in the preceding section, for thirty days after the Common Council or selectmen shall have ordered such repairs to be made, then such Common Council or selectmen may make such repairs, and the city or town, as the case may be, may collect the expense from said company. 1861. SEC. 6. No such company, having a track in any highway which is Snow not to be removed from under the control of the authorities of any city, shall remove the snow which track in city highway. shall fall upon said track, if it is of sufficient depth to allow vehicles to pass over the road on runners, without consent in writing, first obtained of the mayor of the city. s184. SEC. 7. Any horse railroad company having a track in New Haven or Removal of snow from Fairfield county may remove the snow from it; but the authorities having tracks in New Haven and Fair- control of the highways, on which any such track is, shall determine the field counties. manner in which such removal shall be made; and when the snow shall be removed from any part of the track by carting, the city or borough, if any, otherwise the town, in which such part lies, shall pay half of the expense thereof to said company. Snow not to be SEC. 8. No horse railroad company shall allow any snow so removed thrown on sidewalk, ac. from its track to be placed upon any sidewalk or paved gutter, or where it obstructs or endangers public travel. Company may SEC. 9. No such company shall sprinkle any article of a decomposing not sprinkle salt, &c., on nature on its tracks or rails, or wash them with brine or pickle, or allow it track or rails. to be done, for the purpose of melting the snow thereon, without written permission from the first selectman of the town, or from the mayor of the city, where the city authorities have the control of highways, in which such track is located; and no officer of any such company shall knowingly permit the snow to be removed from its track, or the track or rails to be sprinkled or washed with any article of a decomposing nature. Penalty for ob- SEC. 10. Every person who shall willfully hinder any such company, in structing track. the use of its roads or tracks, shall for every such offence be fined not exceeding fifty dollars, or imprisoned not exceeding three months, or both. Penalty for SEC. 11. Every person who shall, without the consent of such company, using vehicles fitted to track, use upon any horse railroad any vehicle with running gear fitted for the withont consent of company. track of such road, and different from vehicles ordinarily used on other highways, for the purpose of conveying passengers for hire upon the track of such road, shall be fined not exceeding one hundred dollars, or imprisoned not exceeding three months, or both. 1865. SEC. 12. The directors of every horse-railroad company shall annually Annual report to General As- report under oath to the General Assembly the amount of its capital stock sembly. Inspection of and its annual receipts and expenditures; and its books shall, at all times, books. be open to the inspection of any committee of the General Assembly appointed for that purpose. ARTICLE IV. General Penalty. Penalty. SEC. 1. Every person who shall violate any provision of this Part, for which no other penalty is prescribed or provision made, shall be fined not less than ten dollars nor more than five hundred dollars. Chap. 2, Part 10.1 TELEGIRAPH COMPANIES. 341 PART X. Telegraph Companies. SECTION SECTION 1. May maintain and construct lines, which 5. Damages by construction of lines, how asshall be personal property. sessed. 2. How authorized to erect posts in highway. 6. Disconnection of wires when necessary, 3. Superior Court may order removal of how effected. poles, 7. Stockholders liable for debts. when. 4. Cities and boroughs may direct the style 8. Dispatches to be received and transmitted and finish of poles. in order. SEC. 1. Every telegraph company may maintain and construct lines of 18s8. telegraph upon any highway, or across any waters in this State, by the m aintain ania construct lines, maintenance and erection of the necessary fixtures, including posts, piers, which shall be or abutments for sustaining wires; but the same shall not be so constructed persona.properas to incommode the public travel or navigation, nor to injure any tree without the consent of the owner; nor shall such company construct any bridge across any waters; and said lines shall be personal property. SEC. 2. No telegraph company or association may place any piers, posts, 1849. 1860. or abutments in or upon any highway without the consent of the adjoining hC o rTllltlleomsizes d proprietors, or, in case such consent cannot be obtained, without the Y&c.nhig-' approval in writing of a County Commissioner of the county where such ways. land is situated, which shall be given only after a hearing, upon due notice to such proprietors; and any County Commissioner, within the county in which he belongs, may make all proper orders regarding the location or construction of any such posts, piers, and abutments, and may change such location, after giving reasonable notice to such company to appear and be heard relative thereto; and his fees shall be paid by such company, except when he shall decide in its favor in an application against it, when they shall be paid by the applicant. SEC. 3. The Superior Court may order the removal of any telegraph 1860. 1,s4. Superior Court poles in the county where such court is held, on the complaint of the may order r,State's Attorney or any party aggrieved by their location. moval of poles. SEC. 4. The warden and burgesses of any borough, and the Common s180. Cities and Council of any city, may, upon giving reasonable notice to any telegraph boroughs mayv direct-the stvl, company, compel it to furnish poles of such style and finish as they may and finish o'f determine, within their limits. poles. SEC. 5. Any judge of the Superior Court may, upon the application of ls80. IsaI. any party interested, and after due notice, unless the application has been Danagestrctil. unreasonably delayed, appoint three disinterested persons to make a written how assessed. appraisal of all damages which may be due to any person by reason of any thing which may have been done by authority of the first three sections; and said appraisal, when approved by such judge, shall be returned to and recorded by the clerk of the Superior Court in the county where the cause of action arose, and thereupon the sum specified therein shall be paid immediately by the company to the party entitled to the same; or the judge may order the same to be paid immediately into the hands of said clerk, to be delivered by him on demand to said party; and the costs of such proceeding shall be taxed by said judge and paid by said company, and he may issue execution therefor and for such damages. 342 PRIVATE CORPORATIONS. [Title 17. 1868. SEc. 6. When it shall be necessary to cut or otherwise disconnect the Disconnection of telegraph wires of any telegraph company, or to remove them from the poles or wires for necessary purposes, fixtures to which they are attached, for the transportation of any object on how effected. the highway, any person may do so, exercising reasonable care therein; provided that before doing so he shall leave a statement in writing, particularly describing the time when, and the place where, he wishes to disconnect such wires, at the office of such company, if any there be, in the town where such place is situated, twenty-four hours before the time so stated; and if such company has no office in the same town, he shall send such statement to its office nearest to the place named therein, by putting it into the post-office, properly directed and stamped, three days before the time stated therein. 1848. SEC. 7. The stockholders of every telegraph company, organized under Stockholders the laws of this State, shall be jointly and severally liable for the payment liable for debts, when. of all its debts contracted or due during the time of their holding stock therein, to the extent of twenty-five per cent. of the amount of stock held by them respectively, if a judgment thereon shall have been obtained by the claimant against the company, and an execution thereon shall have been returned unsatisfied, or if such company shall be dissolved. Dispatches to SEC. 8. Telegraph companies shall receive dispatches for any person, be received and transmitted in and for other telegraph lines, and shall transmit them in the order of order. time in which they are received, on payment of their usual charges, under the penalty of one hundred dollars for every neglect so to do, to be recovered with costs by the party aggrieved; but arrangements may be made with publishers of newspapers for the transmission of news out of its general order; and all communications for officers of justice shall take precedence of all other dispatches. Chap. 1.1 NOTES AND BILLS. 343 TITLE XVIII. PRIVATE PROPERTY. CHAPTER I. Notes and Bills. CHAPTER II Escheats. CHAPTER III. Fraudulent Conveyances. CHAPTER IV. Incapable Persons. CHAPTER V. Interest. CHAPTER VI. Lands. CHAPTER VII. Liens. CHAPTER VIII. Limited Partnerships. CHAPTER IX. strays, and Lost Goods. CHAPTER X. Trusts. CHAPTER XI. Estates of Deceased, and Insolvent Persons. CHAPTER I. Notes and Bills. SECTION SECTION 1. What notes negotiable. 5. Notes falling due on Decoration Day. 2. Demand notes, when due. 6. Notice to indorser, where sent. 3. No grace allowed on checks, or paper pay- 7. Rule of damages on protest of bills, out able at sight.& of the State. 4. Notes falling due on legal holidays. SEC. 1. Promissory notes for the payment of money only, payable to 1811. 8S74. What notes ileany person, or his order, or to bearer, shall be negotiable.* gotiable. SEC. 2. Any negotiable promissory note, payable on demand, which re- 1865. mains unpaid four months from its date, shall be considered overdue and Demand notes. dishonored after that time.f *Foreign bills of exchange were recognized as negotiable by our common law. 2 Root, 524. Our early bank charters, from 1792, made notes payable to or by the banks negotiable; but other notes remained non-negotiable, and were treated as specialties until 1811, when this statute was passed. It contained a restriction limiting the negotiability of notes to those for over $35, which has been omitted in this Revision. No person can bring or maintain a suit on a negotiable note, without the legal title. 1 Conn., 494; 9 Conn., 94; 26 Conn., 1. This is onlypassed inter vivos by an indorsement. 22 Conn., 617; and the indorsement must be followed by a delivery or what is equivalent to it. 17 Conn., 511; 24 Conn., 333. Where a note, negotiated before maturity, is further negotiated after it has been dishonored, the holder takes the legal title. 29 Conn., 347. The note must show on its face that the maker's promise will be at some time absolutely enforceable. 31 Conn., 534. Indorsement of a note by the payee, in the name of a partnership of which he is a member, transfers the title. 16 Conn., 445. Indorsement in blank. 16 Conn., 234. Negotiable notes in part a consideration, but as between the immediate parties, this may be rebutted. 19 Conn., 17. Though obtained by fraud, they are good in the hands of an innocent purchaser. 18 Conn., 449. Demand and notice necessary to fix liability of indorser. 2 Conn., 126, 419, 654; 10 Conn., 308; 22 Conn., 213. Form of notice. 3 Conn., 101, 516; 31 Conn., 296. Waiver of notice. 2 Conn., 478. t Otherwise before this statute, if a long(er forbearance were apparently contemplated. 31 Conn. 273. This section applies, although the notes bear interest. 36 Coonn., 6, 344 PRIVATE PROPERTY. [Title 18. 1s65. SEC. 3. No days of grace shall be allowed on any promissory note, bill No grace allowed on of exchange, or order, payable in this State, at sight or on demand, or upon checks, or paper payable on de- any bank check, unless expressly provided for therein.* mand. 1840. SEC. 4. When the third day of grace on any negotiable promissory note 1845. 1860. or bill of exchange, payable in this State, shall fall upon a day appointed Notes falling by the Governor as a day of public fasting or thanksgiving, or upon the holidays. first day of January, twenty-second day of February, fourth day of July, or Christmas day, such note or bill shall be due and payable on the secular day next preceding such day; but when any such day occurs on Sunday, such note or bill, becoming due and payable on the following Monday, shall be due and payable on the business day next preceding such day.. 15S4. SEC. 5. The thirtieth day of May in each year shall be a legal holiday, Notes falling due on Decora- by the name of Decoration Day; and no note or bill of exchange falling tion Day. due on that day shall be payable until the next secular day thereafter. ist0. SEC. 6. It shall be due notice of the dishonor of any negotiable note, dorser, where bill, draft, or check, to any party thereto, if the holder or his agent shall sent. in due time deposit a notice of such dishonor in the post-office, with the postage prepaid, addressed to such party at the town in which he may reside, unless some other place be designated for such purpose on such note, bill, draft, or check. 1821. 18i4. SEC. 7. When any bill of exchange, drawn or negotiated in this Rule of damages on protest oi' State, upon any person in any other State, Territory or District, of the bill of exchange without this United States, shall be returned unpaid, and have been duly protested, for State. non-payment, in the manner usual in cases of foreign bills of exchange, the person, to whom the same is payable, shall be entitled to recover from the drawer, or indorsers, of such bill of exchange, the damages hereinafter specified, over and above the principal sum for which such bill shall have been drawn, together with the lawful interest on the aggregate amount of such principal sum and damages, from the time at which notice of such protest shall have been given, and payment of said principal sum and damages demanded; that is to say, if such bill shall have been drawn upon any person in the city of New York, in the State of New York, two per cent. upon the principal sum specified in such bill; if upon any person in the States of New Hampshire, Vermont, Maine, Massachusetts, Rhode Island, New York, [except the city of New York,] New Jersey, Pennsylvania, Delaware, Maryland, or Virginia, or in the District of Columbia, three per cent. upon such principal sum; if upon any person in the States of North Carolina, South Carolina, Ohio, Illinois, Indiana, Michigan, Kentucky, or Georgia, five per cent. upon such principal sum; or if upon any person in any other State, Territory, or District of the United States, eight per cent. upon such principal sum; and such damages shall be instead of interest, and all other charges, to the time at which the notice of such protest shall have been given, and such demand of payment shall have been made; and the amount of such bill, and the damages payable thereon, as above specified, shall be determined without reference to the rate of exchange existing at the time of such notice and demand of payment.: *Negotiable notes entitled to grace at common law. 2 Conn., 478; 8 Conn., 505; 31 Conn., 266. t A statute creating a new legal holiday affects existing notes, as well as future ones. 31 Conn., 264. $ Damages on protest of foreign bill governed by rate allowed in the place where it was drawn. 2 Root, 405. Damages on protested foreiign checks, as against a domestic indorser who indorsed it in this State. governed by legal rate of interest here. 19 Conn., 141. Chap. 3.] FRAUDULENT CONVEYANCES. 345 CHAPTER IIL Escheats. SECTION SECTION 1. When no owner appears, estate to escheat. 3. Personal estate of deceased person, when 2. Treasurer to appoint agents to sell such to escheat. property. 4. Right to sea-weed restricted. SEC. 1. When no owner of any estate can be found, it shall escheat to 1650. 112. the State; and judges of Probate shall make inquiry, in their respective When no owndistricts, after such estate, and appoint an administrator thereon, and give tate to escheat. notice to the Treasurer, who shall receive it from such administrator. SEC. 2. The Treasurer may appoint agents to manage all property to 1712. 11s. which the State may become legally entitled, except property of the School Treasu. er to Fund; to sell any such property, not necessary for the use of the State, at pub- tosell prloperty lic or private sale, for cash, or on credit, on such terms as the Treasurer may approve, who may execute any conveyances thereof, and shall render an account to the General Assembly of his proceedings; but if any owner of such estate appears, he shall be entitled to it, or if sold, to the avails thereof, after deducting the necessary expenses. SEC. 3. When any personal estate of a deceased person shall remain 1872. unclaimed five years after the settlement of his estate, in the hands of the fecrs~al estate executor or administrator, and the person entitled to the same is unknown person to escheat, when. or cannot be found, the Court of Probate, after a hearing, due notice of which shall be given, may order the same to be converted into available funds, and paid to the Treasurer, for the State; but he shall pay it to the person entitled thereto, if demanded within thirty years. SEC. 4. No right in any marine vegetable deposit, thrown up by the sea 1S49. or by a navigable river, shall be acquired by any person, by his gathering Right to seaweed, &c., on it together upon any public beach. unless he shall remove it within twenty- common shore, four hours thereafter. CHAPTER III. Fraudulent Conveyances. SEC. 1. When void. I SEC. 2. Forfeiture by party to. SEC. 1. All fraudulent conveyances, suits, judgments, executions, or 1650. contracts made or contrived with intent to avoid any debt or duty belong- 170,. oi50. ing to others, shall, notwithstanding any pretended consideration therefor, be void as against those persons only, their heirs, executors, administrators, or assigns, to whom such debt or duty belongs.* * This statute is substantially copied from that of 43 Eliz., c. 5, and must receive a similar con struction. 8 Conn., 189. Possession by vendor is evidence of fraud. 3 Conn., 160, 431; 4 Conn., 450; 5 Conn., 190; 6 Conn., 277; 14 Conn., 240, 529; 37 Conn., 50s. This principle does not apply to real estate. 31 Conn., 428. M[erely formal change of possession insufiicient. 19 Conn., 460; 20 Conn., 23; 21 Conn., 361, 604. Other points in relation to possession. 16 Conn., 276, 346. This rule is not applicable to property exempt from execution. 4 Conn., 450. Nor, generally, to assignments for the benefit of creditors. 14 Conn., 529; 17 Conn., 319; but see 21 Conn., 206. Vendor's possession is conclusive evidence of fraud, unless for reasons satisfactory to the court. 9 Conn., 63, 134, 216; 346 PRIVATE PROPERTY. L[Title 1 8. Forfeiture by a SEC. 2. Any party to any such fraudulent proceeding, who shall witparty to any such convey- tingly justify the same as being made in good faith, and on good consideraalnce. tion, shall forfeit one years' value of any real estate, and the whole value of any personal estate conveyed, changed, or contracted for thereby; half to the party aggrieved who shall sue for the same, and half to the State.* CHAPTER IV. Incapable Persons. PART I. Conservators. PART II. Overseers. PART I. Conservators. SECTION SECTION 1. Courts of Probate to appoint. 9. When estate to be returned. 2. Proceedings on application. 10. Appointments of conservators of married 3. Conservators to return inventory, &c. women. 4. Management of estate: actions. 11. Notice of application. 5. Court of Probate may order sale of real 12. Powers of such conservators. estate. 13. Court may order sale of real estate. 6. Appointment of conservator of estate of 14. Resignation of conservator. non-resident. 15. Appointment of new conservator. 7. Sale of real estate of non-resident. 16. Duty of former conservator on new appoint*8. Notice upon application for sale of land. ment. 1699. 1743. 1750. SEC. 1. When any person having property shall be found to be incapa1841. 1849. 1861 ble of managing his affairs, by the Court of Probate in the district in which Courts of Probate to appoint. 16 Coln., 505. Including in a mortgage a provision for the future support of the grantor. renders the conveyance fraudulent. 15 Conn., 19. If the facts are admitted, the question is a question of law. Ibid. Where consideration for mortgage is inadequate, how far equity will sustain mortgage against creditors. 19 Conn., 20. A conveyance to a friend, to conceal property, fraudulent. 13 Coln., 146. Fraudulent conveyance valid against all but creditors. 1 Root, 489; 10 Conn., 69. But such creditors must take the property and dispose of it by legal process. 17 Conn., 492. A voluntary conveyance by one much indebted, is fraudulent. 5 Day, 341; 3 Conn., 450; 10 Conn., 137; 39 Conn., 566. If made by an insolvent of all his estate to a near relative it is presumptively fraudulent. 39 Conn., 241. Voluntary conveyance, though made by advice of grantor's creditor, void as against such creditor. 5 Day, 136. When voluntary conveyance void as against subsequent creditors. 5 Day, 341; 35 Conn., 378; 39 Conn., 566. Voluntary deed, without fraud, by one not indebted is good. 1 Conn., 525; 8 Conn., 186. A voluntary conveyance to defeat a claim for tort is fraudulent at common law. 1 Conn., 295. A voluntary re-conveyance of property fraudulently transferred, by a grantee much indebted, is fraudulent. 10 Conn., 69. Otherwise, if applied to payment of debts. 4Conn., 1. A voluntary conveyance not fraudulent in fact, is good against subsequent creditors. 31 Conn., 372. Grantee of fraudulent grantee acquires no title against the creditors of the fraudulent grantor. 1 Conn., 527, in note, but see 37 Conn., 148: 38 Conn., 490; 39 Conn., 406. Fraudulent grantee can acquire no title by possession, against creditors of grantor. 4 Day, 284. A conveyance will not be deemed void, because the grantee knew the grantor was in failing circumstances. 30 Conn., 15. Grantee must have a knowledge of, and participate in the fraud. 26 Conn., 480; 34 Conn., 316; 37 Conn., 148; 38 Conn., 490. If the wife is the grantee, and husband does the business fraudulently without her knowledge, the deed is void as to creditors. 39 Conn., 238. See also 24 Conn., 290, 406. In order to be valid, the purchase from fraudulent vendor must be in absolute good faith. 38 Conn., 490. Not necessarily fraudulent because surplus after paying debt was to be returned. 33 Conn., 306. If purchaser obtains estate of an insolvent debtor, at an under rate, it is a conclusive presumption of fraud unless rebutted. 38 Conn., 416. A sale is void in toto if firaudulent, though moneybe paid, it being indivisible. 39 Conn., 37. Executory agreement made to aid a person in delaying his creditors, cannot be enforced between the parties. 5 Day, M23. Fraudulent conveyance void as against subsequent bonaefide purchaser from fraudulent grantor. 3 Conn., 450; but see 17 Conn., 492. Judgment assailed as fraudulent, sustained in part, when. 15 Conn., 504. *~ Coonveyance to defeat a claim in tort, not within the statute. 3 Conn., 320. Chap. 4.] INCAPABLE PERSONS. 347 he resides, or in the district in which he has a domicil, on the written application of the selectmen of the town of his residence or domicil, or of any of his relatives, it shall appoint some person, to be his conservator; who, upon giving a Probate bond, shall have the charge of the person and estate of such incapable person.* SEC. 2. Such application shall be accompanied by a summons, signed by s1829. 1855. Proceedings on competent authority, to the respondent to appear before the court, at a time application for named therein, and be served by some proper officer by leaving an attested appointment of. copy, at least twelve days before the day named for the hearing, at the usual place of abode of the respondent, and also, when the application shall be made by the relatives of any incapable person, with or at the usual place of abode of one of the selectmen of the town in which the respondent resides; and on an application for a conservator to a person who is an inhabitant of another district, the Court of Probate shall prescribe the manner in which notice of such application shall be served on him.t SEC. 3. The conservator shall return an inventory under oath of the es. s821. Inventory, and tate of the incapable person, and shall render annually to the court, and accounts. oftener if required by it, his account of the management of his trust, and the condition and items of the estate; and said court may remove him for 1824.1s37. cause, and fill all vacancies on reasonable notice to the ward.t Removal. SEC. 4. The conservator shall manage all the estate of his ward, and apply ansestament of the net income thereof, and, if necessary, any part of the personal estate, to actions. support him and his family and to pay his debts, and may sue for and collect all debts due to him. SEC. 5. Courts of Probate may, for reasonable cause, order the sale 1750: 1821 1' s:7. 180o. of the real estate of any person, under charge of a conservator, on appli. Court of Probate may order cation of such conservator, and empower him, or some other person, to sale ofreal estate. sell and convey the same; such conservator, or other person, first giving bond, with surety, to the State, to invest such part of. the avails of the estate sold, as may not be required for the immediate support of said incapable person, or the payment of his debts, in other real estate, to be conveyed to such incapable person, or to invest the same as trust funds may be lawfully invested, and to render his account to such court when required; and the person making such sale shall return his proceedings as soon as may be; and when said court shall order said sale to be made by any other person, the conservator may be the purchaser thereof. SEC. 6. When any person residing out of, and owning property in, 1o70. 1866. 1871. Appointment of this State shall be incapable of managing his affairs, the Court of Pro- conservator of estate of nonbate for the district in which such property or some part of it is situated, resident. shall, on the written application of any relative, or of a conservator, com* The first Act concerning the appointment of conservators was passed in 1699. Conservators vwere appointed by the County Court, until AMIay, 1841, when the power was given to the Court of Probate. Pefore 1824, no conservator could be appointed to any other than an idiot, lunatic, or distracted person. The Act of 1S24 extended the power to all persons embraced in the present statute. Residence must be actual. 26 Conn., 281. Various points concerning appointment. Ict. 286; 29 Conn., 568; 35 Conn., 85. t A selectman, who is a party to a prooeeding, cannot act as judge of the court before which the proceeding is pending. 28 Coln., 268. $ When the ward is sued, reasonable notice should be given to the conservator. Kirby, 174. Conservator is liable, after he is out of office, on an express agreement made during his appointment. 2 Root, 371. A deed by a person under a conservator, with his consent, but without authority from the court, is void. 3 Conn., 227. The rights and duties of a conservator cease, upon the death of the ward. 1 Conn., 65. Various points concerning the powers and duties of conservators. 5 Conn., 280; 12 Conn., 376; 19 Conn., 591; 29 Conn., 564. Adjustment of conservator's account. 5 Conn., 427. 28 Conn., 272. 348 PRIVATE PROPERTY. [Title 18. mittee or guardian having charge of the person or estate of such incapable person in the State where he resides, appoint a conservator of the property in this State of such incapable person, who shall give a Probate bond; but no conservator shall be appointed over the property of a married woman, without the written assent of her husband on file in said court. lssf. SEC. 7. Such Court of Probate may, when it shall find it for the interest Sale of real estate of'non-resi- of such incapable person, that such estate should be sold, order its sale, dent incapable person. upon the written application of the conservator, and empower him to sell and convey it; and shall order notice of the time and place of hearing any application, made pursuant to this or the preceding section, to be given by advertisement in a newspaper published in the county where such property is situated, at least six days before the day of hearing, and such other notice as it may prescribe. 13ss. SEC. 8. When application shall be made by any conservator for the sale Notice upon application for of real estate, the Court of Probate shall order notice thereof to be given to order of sale the selectmen of the town where his ward resides in this State, unless service thereof shall have been made upon them at least twelve days before the time appointed for the hearing, or unless a majority unite in said application; and said court may order any other notice thereof, as it may deem proper. stateol. SEC. 9. WVhen an incapable person under a conservator shall be restored Estate to be restore'd in cer- to his capacity, what remains of his estate shall be restored to him; and in tain events. case of his death, his property, other than such as has accrued from the sale of his real estate, shall be delivered to his heirs, executors, or administrators; and the unexpended avails of his real estate, sold as aforesaid, shall be distributed as said real estate would have been. 1i862SI. SEC. 10. When any married woman owning property, whose husband is 1DOw conservators of' married without the means of providing for her support, shall be unable to support women may be alppointed. herself, the Court, of Probate in tile district in which she resides may, on written application of the selectmen of the town where she resides, or of any of her relatives, appoint some person to be her conservator, who shall give a Probate bond, and shall thereupon have the care of her and the charge of her estate; but no conservator shall be appointed to a married woman whose husband is capable of taking care of her. Notice of appli- SEC. 11. Every such application shall be accompanied by a summons, cation, how and to whomn to be signed by competent authority, notifying her and her husband, and, if made given. by her relatives, the selectmen of the town where she belongs, to appear before the court at a time named therein, and shall be served by some proper officer, by leaving an attested copy at the usual place of abode of the respondents, at least twelve days before the time so named. Powers and SEC. 12. The conservator shall take care of and manage the estate of duties of such conservator. such married woman, and apply the annual income thereof to the support of her and her family; and may collect all debts due her, and sue for them, and may, if necessary, dispose of her personal estate for the support of herself and family. Court of Pro- SEC. 13. If the personal estate and the annual income of the real estate bate, on applicati(on of con- of such married woman shall be insufficient to support her and her family, servator, may order sale of the Court of Probate, in the district where she resided at the time the conreal estate, &c. servator was appointed, may, on his written application, if, in its opinion, it will be for her interest so to do, order the sale of the whole or part of her real estate; directing such notice of said sale to be given, as is required Chap. 4.] INCAPABLE PERSONS. 349 by law for the sale of real estate in the settlement of insolvent estates; and may empower said conservator to sell and convey the same, he first giving a bond to the State, with surety, to the satisfaction of said court, to invest such part of the avails of the estate sold, as may not be required for the support of her and her family, in other real estate, to be conveyed to her, or to place the same at interest, secured by mortgage of real estate of at least double the value of the estate sold, as said court shall direct, and to render his account to said court when required. SEC. 14. Any conservator, wishing to resign his trust, may present to 1868. the Court of Probate, in the district where he was appointed, his written Resignation resignation, and it shall thereupon fix the time for the hearing thereon, and order notice to be given to one of the selectmen of the town where the ward of such conservator belongs, at least one week before the day fixed for the hearing, to be served by leaving an attested copy of such application and order of notice with, or at the usual place of abode of, such selectman, by some proper officer or indifferent person; and it may order other notice to any parties in interest; and if, upon the hearing, it shall accept such resignation, it shall appoint some other person to be conservator of such ward, who shall give a Probate bond. SEC. 15. TWhen any person under a conservator becomes a settled in- 1869. Appointment of habitant of any town in this State in a Probate district, other than new conservator. when ward the one where such conservator was appointed, and shall be an actual moves intonlresident therein, the Court of Probate in said district shall, upon the appli- dither Pricbt. cation of the selectmen of said town, or of any of his relatives, make due inquiry, and on finding that he is a settled inhabitant of said town, may appoint some person resident in said district to be his conservator, who shall give a Probate bond. SEC. 16. Such conservator shall, immediately upon his appointment, Dntv offormer conservator, onl leave with the former conservator a certificate of his appointment; and such new apthereupon said former conservator shall settle his account with the Court potment. of Probate which appointed him, and file in said court an inventory, under oath, of all the estate of such incapable person remaining in his possession; and upon such settlement he shall deliver to such new conservator all personal property and choses in action belonging to such incapable person, and shall thereafter cease to be or act as such conservator. PART II. Overseers. SECTION SECTION 1. How appointed. 4. Removal of overseer. 2. Duties. 5. When person has removed to another tow-n. 3. When conservator may be appointed. SEC. 1. If the selectmen of any town shall find any person likely to spend 1719. 17;. 17.50. 1869. and waste his estate and to become chargeable to the town, they shall appoint How appointed. some person to be his overseer, to advise and order him in the management of his business; which appointment shall be under their hands, specifying the cause, and the time, not exceeding three years, for which the appointment is made, and shall be set upon the sign-post in said town, and a copy 25 350 PRIVATE PROPERTY. [Title 18. thereof shall be lodged with the town clerk of the town; but no such appointment shall be made, unless they shall have given such person at least five days previous notice, in writing, of the time and place of the proposed appointment; but if they shall have lodged with the town clerk of the town, where such person resides, an attested copy of such notice, no contract or conveyance made by him, between the time such notice is served on him and the day fixed for the hearing, shall be valid without the approval of the selectmen; and such selectmen may remove such overseer for neglect of duty or mismanagement in his trust, and appoint another in his place; and no person under the appointment of an overseer shall be capable of making a contract without his consent.* Duty of over- SEC. 2. The overseer shall superintend the management of the estate seer. and concerns of such person; restrain him from improvident contracts, and from wasting his estate; and assent to all contracts and dispositions of his property necessary for a proper management of the concerns andt support of such person or his family; and if such person shall reform, the selectmen may revoke the appointment of the overseer. 18i9. SEC. 3. If such person shall refuse to submit to the authority of the Appointment of conservator. overseer so appointed, and continue to waste his estate, and be likely to be reduced to want, the selectmen shall apply to the Court of Probate for the district in which said town is situated, to appoint a conservator. over him, which shall thereupon summon him to appear before it, according to the provisions of the second section of Part I of this Chapter; and if, on the hearing upon such application, it shall appear to the court that the overseer was legally appointed over him, and for just cause, and that he has refused to submit to the authority of the overseer, and continues to waste his estate, and is likely to be reduced to want, said court shall appoint some person to be his conservator, who shall give a Probate bond. Removal of SEC. 4. Any person under an overseer may apply to any judge of the overseer, ori application or' the Superior Court in vacation, to have the overseer removed; and the judge ward. may issue an order citing the town, in which the appointment was made, to appear at some place designated, and show cause why the application should not be granted, which shall be served with said application at least six days before the day of hearing; and if the judge shall be of the~ opinion that the overseer ought to be removed, he shall remove him; and costs may be taxed in favor of or against either or neither party, and exe. cution issued therefor by the clerk of the Superior Court in the county, which execution, together with the application, and finding and order of the judge thereon, shall be returned to said clerk. 1547. SEC. 5. When any person, subject to an overseer, shall remove to anProceedings wlhen person other town, such appointment shall continue, and said selectmen may retihas removed from the town. appoint such overseer, or may appoint some other person in his place, in the same manner as original appointments are made; but when any person, so subject to an overseer, shall have gained a settlement in any other town, no such re-appointment shall be made. * In the appointment of an overseer, the statute must be strictly pursued. 3 Day, 131; 5 Conn., 357. The time must be limited. 1 Conn., 79, 313. Overseer cannot be appointed over a person residing in another town. 3 Conn., 588. Effect of appointment on contracts. 13 Conn., 244. Other points. Ibid. Chap. 6.] LANDS. 351 CHAPTER V Interest. SEC. 1. Legal rate: forfeiture for usury. j SEC. 2. Rate after loan becomes payable. SEC. 1. The compensation for forbearance of property loaned at a fixed 1S3S. valuation, or for money, shall, in the absence of any agreement to the con- is'3. 1is4. Legal rate. trary, be at the rate of seven _per cent. a year; and no more shall be taken for forbearance than at such rate upon any contract for such loan; but the borrower may pay, or agree to pay, the taxes assessed and paid upon the loan, except when made by'a savings bank, and the insurance upon the estate mortgaged to secure the loan, or both; and, in computing interest, three hundred and sixty days may be considered to be a year; and any Forfeiture for person who shall receive for forbearance more than at the rate herein su.YO. authorized shall forfeit the value of the money or property so received to any person, who shall sue therefor within one year thereafter.* SEC. 2. Interest at the rate of seven per ce~nt. a year, and no more, 1S73. 1S74. Rate after loan may be recovered and allowed in civil actions, including actions to recover oecomes payamoney loaned at a greater rate, as damages, for the detention of money ble. after it becomes payable.t CHAPTER VI. Lands. PART I. Land Titles. PART II. Boundaries. PART III. Common Lands. PART I. Land Titles. SECTION SECTION 1. Fee simple, an absoluteproperty. Patents 14. Leases, how executed. from General Assembly of Colony, valid. 15. Deeds of land by persons ousted of pos2. Lands given to charitable uses. session, void. 3. Limitation to prevent perpetuities. 16. Holding over not evidence of further lease, 4. Rule in Shelley's case, and collateral war- and leases for one month. ranties abolished. 17. Tenant not liable for rent when premises 5. Conveyances, honw made. are untenantable. 6. Deeds by or to corporations may be wit- 18. Power of surviving executor to sell. nessed, &c., by stockholders. 19. Riglht to light, not gained by possession. 7. Deeds in conformity with laws of other 20. Right to land within limits of railroad or States, when valid. canal, not gained by possession. 8. Mortgages to State, how released. 21. Release of mortgage, how compelled. 9. Caveats, when and how to be entered. 22. Release of mortgage by executor, &c. 10. Lands of married women, how conveyed. 23. Award of arbitrators, when evidence of title 11. Deeds to be recorded. 24. Courts of equity may order guardian to 12. Certified copy may be recorded, when. convey interest of his ward. 13. Record of defective instruments, and contracts for conveyance of lands. SEC. 1. Every proprietor in fee simple of lands has an absolute and di- 169;2. 1793:. 1-21. rect dominion and property in the same, and all patents and grants of lands Fabsolute )ropl, erty. Patents The rate of interest was established in 1702 at six per cent. and so remained until 1872, when from Gelialf Assembly of the parties were permitted to contract for any rate. In 1873 the zmaximum was fixed at seven p)er cent., Colony valid. and in 1S7-t this was made the legal rate, where the parties did not agree to take less. t See 29 Conn., 270; 33 Conn., 431, 570. 352 PRIVATE PROPERTY. [Title 18. from the General Assembly of the Colony of Connecticut, pursuant to the charter of Charles II, shall be sufficient evidence of a title in fee simple to the grantees, their heirs, successors and assigns forever. 1684. SEC. 2. All estates that have been or shall be granted for the mainten1702. 1821. Lands given to ance of the ministry of the gospel, or of schools of learning, or for the recharitable uses. lief of the poor, or for any other public and charitable use, shall forever remain to the uses to which they have been or shall be granted, according to the true intent and meaning of the grantor, and to no other use whatever.`* 1784. SEC. 3. No estate in fee simple, fee tail, or any less estate, shall be given, Limitation to preent perpe- by deed or will, to any persons but such as are, at the time of making such ntuites. deed or will, in being, or to their immediate issue or descendants; and every estate, given in fee tail, shall be an absolute estate in fee simple, to the issue of the first donee in tail.t 1821. SEC. 4. All grants, or devises, of an estate in lands, to any person for ley's case, and life, and then to his heirs, shall be only an estate for'life in the grantee, or collateral war- devisee; and all collateral warranties of lands, made by any ancestor who ished. had no estate of inheritance in the same, at the time of making such warranty, shall be void as against his heirs. 1660. 1827. 1828. SEC. 5. All conveyances of lands shall be in writing, sealed by tlhe 183:. 18115. 1848. 1854. 1X56. 1861. grantor, and subscribed with his own hand, or with his mark with his name 1864. 186C. 1874. thereto annexed, or by his attorney authorized for that purpose by a power how made. executed and acknowledged in the manner provided for conveyances, and attested by two witnesses with their own hands, and acknowledged by the grantor or by such attorney to be his free act and deed, if in this State, before a judge of a court of record of this State or of the United States, justice of the peace, Commissioner of the School Fund, commissioner of the Superior Court, notary public, either with or without his official seal, town clerk, or assistant town clerk; and if in any other State or Territory of the United States, before a commissioner appointed by the Governor of this State and residing therein, or any officer authorized to take the acknowledgment of deeds in such State or Territory; and if in a foreign country before any consul of the United States, or notary public, or justice of the peace, in such foreign country; but no officer shall have power to take such acknowledgment, except within the territorial limits in which he may perform the proper duties of his office.~ * This statute was passed in 1684; but as it did not appear in the printed statutes prior to the Revision of 1702, it is generally called the statute of " 1702." In 1821, the clause of the original act, exempting such property from taxation, was stricken out. Who are capable of taking under this section, nnd what evidence is admissible to identify devisees. 2 Root, 298; 6 Conn., 29': 11 Conn., 59; 15 Conn., 274; 16 Conn., 291. When land given to charitable uses is exempt from taxation. 7 Conn., 33,; 10 Conn., 490; 14 Conn., 228; 36 Conn., 116. When subjected to taxation. 38 Conn., 274. This section construed strictly. Land given will not be exempt from taxation unless the express terms of the grant impress upon the land a perpettal seqtestration for the pious or charitable use. 21 Conn., 481. A lease for 999 years is for all practical purposes a conveyance in fee simple, and land liable to taxation. 31 Conn., 407. When land is given for pious uses, such a lease is in fraud of the statute. ibid. 1Iow equity regards a bequest to an unincorporated charitable institution. 17 Conn., 181. t This section is in affirmation of the common law of Connecticut. Kirby, 118, 175; 1 Root, 79, 96;~ 2 Root, 39; 3 Day, 332. When a fee tail vests in the immediate desceLdant of a person in being. 9 Conn., 114. When a devise vests an estate tail in the devisee. 12 Conn., 328. Issue of donee in tail, during the life of donee, has no right capable of being transferred by release deed. 7 Conn., 250. Donee in tail liable upon covenants in a deed of warranty, when. 23 Conn., 349.:Formerly otherwise. 1 Day, 299: 10 Conn., 448.: ~ Whether a deed, attested by only one witness, was valid under the Colony laws in 1672. 3 Conn., 35. When chancery will supply defects in the attestation. 4 Conn., 344; 5 Conn., 468; 8 Conn., 549. Witnesses must be disinterested. 26 Conn., 195. Cancellation of a deed, duly executed and deliered, does not revest the title. 4 Conn., 530; 5 Conn., 86, 262. Record of deed, defectively attested, Chap. 6.] LANDS. 35 3 SEC. 6. Conveyances of real estate made to or by any corporation may fs09391863. be attested by witnesses interested therein, and may be acknowledged Deeds to orby corporations before properly authorized persons who are so interested.* may be witnessed, &c., by SEC. 7. Conveyances of real estate situated in this State, and powers of stockholders. attorney therefor, executed and acknowledged in any other State or Terri- Deeds 1,868. tory in conformity with its laws relative to the conveyance of lands therein Iwith laws of situated, shall be valid.t orther States, SEC. 8. Mortgages to the State, or Treasurer, may be released by the 1511. 18s'4. Alltol't,,ages l o Treasurer under his hand and official seal. State: howv Ieleased. SEC. 9. If any grantor, being required by the grantee, his heirs or 160. (aveats, when assigns, to make acknowledgment of any conveyance executed by him, add Ihow to be enitered. shall refuse to do so, such grantee, his heirs or assigns, may enter a caveat respecting the premises conveyed, by leaving with the town clerk of the town where they are situated a copy of such conveyance, with a claim of title in virtue thereof, which caveat shall secure the interest of the grantee until the trial of any action brought to determine the same; and the judgment of the court, being certified by its clerk to the town clerk, shall be his warrant to record such deed, which shall have the same effect as if acknowledged. SEC. 10. All conveyances of the real estate of married women, executed 1728. Deeds of' rarby them jointly with their husbands, and duly acknowledged and recorded, ried women, shall be valid and effectual to transfer such estate; and all conveyances, by the husband alone, of the real estate of the wife, shall be ineffectual to convey her interest therein.~ SEC. 11. No conveyance shall be effectual to hold lands against any 16n3o. l709. other person but the grantor and his heirs, unless recorded on the records recorded. of the town in which the lands lie; and the town clerk shall, on the receipt of any conveyance of lands brought to him for record, note thereon the day, month, and year when he received it, and the record shall bear the same date; and when he shall have received a conveyance of lands to be recorded, he shall not deliver it up till it has been recorded; and where a conveyance is executed by a power of attorney it shall be recorded with the deed. 1 not constructive notice. 5 Conn., 468. Material alteration makes a new attestation necessary. 8 Conn., 2S9. In a court of law, an absolute deed cannot by parol, be proved to be a mortegage. 8 Conn., 186, 117. Signature must be made by party's own hand. 13 Conn., 192. General agent of a manufacturing company, cannot execute a deed of the company's real estate. 7 Conn., 214. Ponwer of an agent of a corporation need not be executed with the formalities of a deed. 27 Conn., 538. What defect in certificate of acknowledgment, is fatal. 2 Conn., 527; 3 Conn., 406; 11 Conn., 1'29. Personally appeared, si(gnerand sealer, &c., when a sufficient acknowledgment. 30 Conn., 344. When an tinacknowledged deed is admissible in evidence. 3 Day, 500; 3 Conn., 398. The acknowledgment cannot be proved by parol. 3 Conn., 406; 11 Conn., 129. * Otherwise before this act. 26 Conn., 195. t See 26 Conn., 381. I Demand and refusal of acknowledgment necessary, before entering caveat. 3 Day, 500. ~ Whether chancery will enforce agreement of husband and wife to convey wife's estate. 2 Day, 225; 5 Day, 492; 13 Conn., 478. Signature of wife's name by husband in her presence and by her direction, not sufficient. 13 Conn., 192. When husband and wife take as joint tenants, husband may convey his interest alone. 11 Conn., 337. H When and how delay to record at length affects the title of the grantee. Kirby, 72; 1 Root. 61, 81, 500; 2 Root, 287, 298. What is a reasonable time in which to record deed. 40 Conn., 85. When parol evidence is admissible to show the actual time of recording. 1 Root, 81. Rule that deed first recorded obtains priority, how qualified. 2 Root, 239, 383; 2 Conn., 467; 4 Conn., 575; 8 Conn.,, 342; 15 Conn., 307. Deeds not recorded until after the death of the grantor, good against a purchase from his heir at law. 24 Conn., 211. What notice of incumbrance, the condition of a mortgage deed must give. 4 Conn., 158; 5 Conn., 442; 6 Conn., 37, 116; 7 Conn., 387; 8 Conn., 215; 9 Conn., 286; 12 Conn., 195; 13 Conn., 165, 37G; 14 Conn., 77; 15 Conn., 562; 16 354 PRIVATE PROPERTY. [Title 18. 1865. SEc. 12. When any conveyance of land, situated in two or more towns, Certified copy of'the record of shall have been lost after being recorded in one or more of said towns, a a deed muav be recorded, lwhen. certified copy of the record thereof may be recorded in the other towns; and when so recorded shall have the same effect as a record of the original instrument. Record ofde- SEC. 13. An unacknowledged deed, and any instrument intended as a fecuive instrum.nt, and con- conveyance of lands, but which by reason of a formal defect shall operate tract,,cC.. for conllveance of only as a conveyance of an equitable interest in such lands, and contracts for the conveyance of lands, or of any interest therein, and all instruments by which an equitable interest in lands is created, in which such lands are particularly described, may be recorded in the records of the town in which such lands are; and such record shall be notice to all the world of the equitable interest thus created. 17ss. SEc. 14. No lease of any houses or lands, for life or any term exceeding Leaes, how executed. one year, shall be effectual against any other person than the lessor and his heirs, unless it shall be in writing, and executed, attested, acknowledged, and recorded in the same manner as deeds of land.* 17Deed 27. SEC. 15. All conveyances and leases, for any term, of lands or tenements, Deeds of land by persons of which the grantor or lessor is ousted by the entry and possession of ousted of possession, void. another, unless made to the person in actual possession, shall be void.t 1866. 1S67. SEC. 16. No holding over by any lessee, after the expiration of the term Holding over not evidence of of his lease, shall be evidence of any agreement for a further lease; and fbrther lease: lease for one parol leases of lands or tenements reserving a monthly rent, and in which the time of their termination is not agreed upon, shall be construed to be leases for one month only. 1869. SEc. 17. The tenant of any tenement which may be, without his fault or Tenant not liable for rent neglect, so injured as to be unfit for occupancy, shall not be liable to pay when tile p)reniises are unten- rent after sucl injury, so long as said tenement is untenantable, if lhe continue to occupy, unless it be otherwise expressly provided by written agreement; and in case of such injury he may quit possession of such Conn., 260; 1S Conn., 257; 19 Coln., 29; 20 Conn., 420, 427, 603; 31 Conn., 74, 48. Mlortgage deed recorded after death of the mortgagor, good. 11 Conn., 174. Burden of proof rests on prior grantee, who claims against subsequent deed first recorded. 17 Conn., 594. Recording of deed, defective in a statute requisite, does not give notice. 5 Conn., 468; S Conn., 549; 14 Conn., 135. Unrecorded deed not good against disseisor. 2 Conn., 92; sed qucere. Whether a deed releasing an equity of redemption is valid without being recorded. 2 Day, 280. Unrecorded deed admissible in evidence, when. 7 Conn., 291. What record of powner of attorney, sufficient. 14 Conn., 32. Estate by curtesy cannot be divested by disclaimer duly sig'ned, attested, acknowledged, and recorded. 13 Conii., 83. Covenant of seisin may be broken, although in point of fact grantee, by first recording, has secured title. 5 Conn., 262. What writing is not required to be recorded. 2 Conn., 467. Action lies against clerkl for delivering up deed before recording: 2 Root, 55. And for fraudulent withdrawval of deed from clerk's office. S Conn., 342. Deed defective in some formal requisite is treated in a court of equity as an executory contract for the sale of land. 27 Conn., 104. * A writing granting liberty to flow lands for a certain time, is a lease within the statute. 1 Root, 318. Unacknowledged lease admissible in evidence, when. 1 Day, 17; 7 Conn., 420. Unacknoxwledged lease for more than one year, good for one year; such lease not void, but voidable by third party, as lease for more than one year. 21 Conn., 168. Unrecorded lease good to convey an interest as againsta co-tenant. 25 Conn., 137. t This section does not extend to the government of the State. Kirby, 221. Conveyance prohilbited by the statute, void. 1 Root, 100, 199, 402; 2 Day, 151. Possession of mortgagee not adverse. 2 Root, 499. Reconveyance of iortgagee to mortgagor, both out of possession, not wnithin the statute. 4 Day, 234. Whether conveyance of incorporeal hereditament falls within the statute. 1(d., 24-4. When a deed releasing title by execution is void under the statute. 4 Conn., 575. Landlord is not ousted by possession of tenant. 9 Conn., 421. Conveyance may be void in part and valid in part, under this statute. 13 Conn., 75; 14 Conn., 104. Grantee of corporation may be liable. 9 Conn., 421. Mortgage, not an alienation so as to make the parties liable. 4 Conn., 421. What evidence is admissible. 2 Day, 121. Quit-claim deed is such an alienation. 19 Conn., 471; 20 Conn., 262. Actual possession by any one as owner is sufficient ouster of another. 20 Conn., 262. Chap. 6.] LANDS. 355 tenement, but if the same shall become fit for occupancy during the continuance of his lease, he shall then pay the rent, and may again occupy it. SEC. 18. When any testator shall direct lands to be sold by his executors, 1723. Powver of strand appoint several executors, part of whom shall refuse the executorship, vivihln executor or die before such lands are sold and conveyed, the acting or surviving vey. executor or executors shall have power to sell and convey such lands.'* SEC. 19. No occupant of real estate shall acquire, by adverse occupation, lS47. ight to lig-ht the right to keep, sustain, or enjoy any window or light, so as to prevent the not gaineld by zn VIIJVJ CYIIJ II~LI~VI~ yr. ~~ possession. owner of adjoniing premises from erecting and maintaining any building thereon. SEC. 20. If the owner or occupant of any land, adjoining any railroad 1846. ighlt to land or canal, has, since the tenth day of June, one thousand eight hundred and within limits of railroad or thirty-one, taken, or shall take, into his enclosure any part of the land be- canal, not gained by poslonging to said railroad or canal, as located and established, or since that session. time, has erected, or shall erect, any-building upon any such land, no adverse possession of the land so enclosed or built upon shall confer any title thereto. SEC. 21. Upon the satisfaction of any mortgage, the mortgagee, or per- SG69. Release of mortson by law authorized to release the same, shall execute and deliver a re- gage after satislease deed thereof; and if he neglect so to do for thirty days after a \Written compelled. request, and the tender of the necessary expense thereof, shall pay to any person aggrieved five dollars for each week of such neglect, after the expiration of said thirty days. SEC. 22. The executor or administrator of any deceased mortgagee, and 1813. ZD " " 8 1529. 18-19. any guardian or conservator whose ward is a mortgagee, may, on the pay- Mlortgage due estate ofdement, satisfaction, or sale of the mortgage debt, release the legal title to ceasetclpenron, sale the dezn ~ ~n nminor or incathe mortpgagor or party entitled thereto.t pable person, how released. SEC. 23. No award of arbitrators, made since the twentieth day of May, 1S41. one thousand eight hundred and forty-one, purporting to decide the title to twa.'d of arbireal estate, shall be admissible as evidence thereof, unless the submission of evidence of title. the parties to such arbitration shall be executed, attested and acknowledged as deeds of lands, nor unless such award shall be in writing, and under the hands and seals of the arbitrators; and such submission and award shall not be effectual against any persons, but the parties to the same and their heirs, unless recorded by the town clerk of the town where such estate lies. t SEC. 24. Courts of Equity may order the guardian of any minor, or if 1Vs4. he has no guardian, a guardian ad litemr, to convey the interest of his ward iittymy ofrin any eal estate, which ought in equity to be conveyed to another person. corgiyardian tot of ward. PART II. Boundaries. SEC. 1. VWhen the oundaries of lands between adjoining proprietors 1719. 1839. shall have been lost, or become uncertain, and they cannot agree to establish Bntritween the same, one or more of them may bring a petition to the Superior adjoining proprietors, how re-establishedl. * Power to two executors to sell does not give one that powier. 3 DIay, 3S-1. But the one acceptinl trust may stell, if authority is given in the will. 27 Conn., 520. A powver to sell and dispose of lands is a power to sell only. 3 Day. 3S8. What refusal of execttorship, stfricient. 1) Conn., 291. t IMortag'e title does not revest by payment of mortgage money after law day. 17 Cooa., 146. $ If submission is not executed as provided in this section, aoward cannot pass title. 3.2 Conn., 115. 356 PRIVATE PROPERTY. [Title 18. Court, for the county in which such lands, or a portion of them, are situated; and such court, as a court of Equity, may, upon such petition, order such lost and uncertain bounds to be erected and established; and may appoint a committee of not more than three disinterested freeholders, who shall give notice to all parties interested in said lands, to appear before them, and, having been duly sworn, shall inquire into the facts, and erect and establish such lost and uncertain bounds, and may employ a surveyor to assist therein; and shall report the facts and their doings to the court; and if said court shall find.said parties were duly notified, it may confirm said doings; and certified copies of said report and decree shall be recorded in the records of the town, in which said lands are, and the bounds, so erected and established, shall be the bounds between said proprietors.* PART III. Coinmmon Lands. SECTION SECTI6N 1. Certain grants and divisions of lands con- 6. Encroachments, how removed. firmed. 7. Proprietors may transfer lands to the 2. Powers of proprietors to hold meetings, towns. &c. 8. Records to be deposited with town clerk, 3. MIeetings of proprietors, how called. when. 4. Power to lay taxes. 9. Powers of selectmen, when there is no pro5. Power to exchangelands for highways, &c. prietors' committee. C.ertain civi- SEC. 1. All grants, divisions, and dispositions of common lands, made sions and grants according to ancient custom in town meetings, and all divisions of common oi land contil'med. and undivided lands, made by the proprietors of towns, shall be effectual in law; and whatever interest such proprietors have in any common and undivided land in any towns, not disposed of, shall be their proper estate.t Powers of pro- SEC. 2. The proprietors of common and undivided lands in any towns, prietors to hold mIeetings.. and such as legally represent them, may meet in their respective towns, choose a clerk, who shall be sworn to faithfully discharge his duties, and by their major vote, to be computed according to their respective interest in such lands, manage and divide the same as they shall think proper; but they shall not divide and set out lands sequestered for town commons; and when the proprietors have, by any vote upon record in their towns, obliged themselves to act for the future in any other method in dividing the undivided lands therein, such vote shall be binding upon them and their heirs. 17t2. 1784. SEc. 3. Any five of said proprietors may apply to a justice of the Mleetings, how called. peace within the county where the lands lie, for a warrant to call a meeting of the proprietors, stating the time, place, and object of such meeting; and he may grant such warrant, which shall be published by inserting it in a newspaper, published in or nearest the town in which such lands are, four weeks successively, and also by posting it on the public sign-post in such town, at least twenty days before the time appointed for such meeting; but * As to what is a lost boundary, and for various other points under this section, see 31 Conn., 4'39; 35 Conn., 118. Committee may report conclusions of facts as to boundary without detailing the facts. 33 Conn., 154. t Copy of certificate of survey not admissible in evidence, when. 3 Day, 489. Chap. 6.] LANDS. 357 when said proprietors have agreed upon a different mode of warning their meetings, such mode, or that above prescribed, shall be sufficient. SEC. 4. The proprietors of common and undivided lands in any town 1727. Power to lay may make rates to defray their necessary expenses, and appoint collectors taxes, and apto collect the same, who shall have the same powers, duties and liabilities point collectors as the collectors of town taxes, and shall pay the money collected by them to said proprietors. SEC. 5. The said proprietors may exchange any of the common land Exchange of land fbr highfor other land, for necessary and convenient highways in said town, which ways. o exchanges shall be entered in the proprietors' book of records, and shall be good and valid to the use of the person receiving the same, and to his heirs and assigns forever; and all exchanges heretofore made, for the use aforesaid, shall be good and valid. SEC. 6. If any person has, since 1709, taken, or shall take, into his en- 1724. 1821. 1874. closure, any part of common and undivided land, a committee ap- Howe encroachpointed by its proprietors, or by any three of them, shall give notice to removed. him to remove the encroachment within such time as the committee or proprietors shall appoint, not exceeding one month after such notice; and on his neglect, such committee or proprietors may remove the same, and recover the expense of so removing it from him, and he shall forfeit ten dollars, half to the proprietors, and half to the county. SEC. 7. Said proprietors may transfer such lands to the town in which 1821. they are situated, or bargain and sell the same to any person, and may tPraopietlads tmay appoint a committee or agent to convey; and conveyances by a major part the town. of such committee shall be valid. SEC. 8. The proprietors of common and undivided lands may depositP 1814. Proprietors' their records with the town clerk in the town where the lands lie, and, records tobedeposited with the where they lie in several towns, with the clerk of the most ancient town; town clerk. and when they have ceased to hold meetings, any person having the records in his possession shall deposit them with such town clerk, who shall give true copies thereof when required, which shall be legal evidence. SEC. 9. The selectmen of any town, where there is no proprietors' com- 1859. mittee of common and undivided lands, shall have the same power in letes of shere regard to commnon and undivided lands, and the laying out and dividing pthere is no prothe same as proprietors' committees have; and their fees shall be paid by iittee. the person requesting their services, 358 PRIVATE PROPERTY. [Title 18. CHAPTER VII. Liens. SECTION SECTION 1 Payments for insurance by mortgagee. 13. Lien on railroad for labor or materials fur2. Foreclosure no bar to recovery of balance nished for its construction. of debt. 14. Lien of remainder-man for repairs or im3. Certificate of foreclosure. provements. 4. Forfeiture for neglect to file certificate. 15 Lien of husband for improvements on 5. Foreclosure by assignee of mortgage not wife's land. having legal title to mortgaged premises. 16. Probate Court to adjudicate upon all claims 6. Foreclosure by executor, administrator, for such liens. or trustee. 17. Lien for betterments of defendant in eject7. Chattel mortgages, without delivery of ment. possession. 18. Lien on vessels by material men. 8. Inaccuracy in description of property mort- 19. Certificate of lien to be recorded. gaged. 20. Form of certificate. 9. Mechanics' liens. 21. Liens exceeding contract price. 10. Certificate of lien to be recorded. 22. Discharge of liens: satisfaction piece. 11. Notice to owner that lien is claimed. 23. Lien of boarding or lodgiing house keepers. 12. Liens not to exceed contract price of building. 1874. SEC. 1. Premiums paid by the mortgagee of any property, for insuring Payments for insurance by his interest therein against loss by fire, shall be deemed to be a part of the mortgagee. mortgage debt, and shall be refunded to hi-m before he can be required to release his title. 1833. SEC. 2. The foreclosure of a mortgage shall not preclude the mortgage Fal to recovery creditor from recovering so much of the claim, to secure which the mortde balance of gage was given, as the property mortgaged, estimated at the expiration of the time limited for redemption, shall be insufficient in value to satisfy,* and his bringing an action upon such claim, after foreclosure obtained, shall not open. the foreclosure; but the value of the property mortgaged, at the expiration of said time, shall be ascertained by the court before which the action is pending; and he shall recover only the difference between such value and the amount of his claim. 1848. SEC. 3. WVhen any mortgage of real estate shall have been foreclosed, Certificate of foreclosure. and the time limited for redemption has passed, and the title to such mortgaged premises has become absolute in the mortgagee, or in any person claiming under him, he shall, either in' person or by his agent, forthwith make and sign a certificate, describing the premises, the deed of mortgage on which such foreclosure was had, the book and page where the same was recorded, and the time when such mortgage title became absolute; which certificate shall be recorded in the records of the town where said premises are situated. 1848. 1S74. SEC. 4. If such person shall neglect to make and lodge such certificate, Forfciture for negzlect. to file for one month after such title shall become absolute, he shall forfeit five certificate. dollars to him who shall sue therefor, for every month of the continuance of such neglect. 1s853. SEC. 5. Wfhen any mortgage shall be foreclosed by the person entitled Floreclosire by assignee of to collect and receive the money secured the money secured thereby, but to whom the legal mortgage to whot llealr'd title title to the mortgaged premises has never been conveyed, the title to said has not been conveyed. premises shall, upon the expiration of the time limited for redemption, and on failure of redemption, vest in him in the same manner, and to the same extent, as such title would. have vested in the mortgagee if he had fore-, Otherwise before this statute. 1 Root, 203; 3 Coln., 63; 5 Conn., 535; 18S Coln., 136. Chap. 7.] LIENS. 3 5 9 closed, provided the person so foreclosing shall forthwith cause the decree of foreclosure to be recorded in the records of lands in the town in which the land lies. SEC. 6. When such foreclosure shall have been had by any executor, Foreclosure by executor, adadministrator, or trustee, the premises foreclosed, or the avails thereof, if ministrator, or trustee. sold by him, shall be held by him in the same manner, and for the benefit of the same persons, and to be used for the same purposes, and subject to the same rules, as the money secured by the mortgage would have been if collected without foreclosure; and in case such premises shall not be sold by such executor, administrator, or trustee, the same shall be distributed, or otherwise disposed of, to the same persons as would have been entitled to the money if collected.* SEC. 7. When any manufacturing or mechanical establishment, together 1s32. 18ss. 1846. 1858. with the machinery, engines, or implements situated and used therein; or certain chattel any printing, publishing, or engraving establishment, together with the wlitotd emachinery, engines, implements, cases, types, cuts, or plates situated and nveosiyoOused therein; or any dwelling-house, together with the household furniture belonging to its owner, and used therein by him in housekeeping; t or ally building containing hay, together with such hay; or any of the personal property above mentioned, without the real estate in which the same is situated or used, shall be mortgaged by a deed containing a condition of defeasance, I and a particular description of such personal property, executed, acknowledged, and recorded as mortgages of lands, the retention by the mortgagor of the possession of such personal property shall not impair the title of the mortgagee; and, when such personal property shall be mortgaged together with the real estate, such mortgage may be foreclosed Modie of foreas if wholly of real estate; but when such personal property is mortgaged closure. without the real estate, the mortgagee, upon the breach of the condition of the mortgage, may bring a petition in equity for the sale of the mortgaged property; and upon said petition, the court may order the same, or so much thereof as may be necessary to satisfy such debt and the costs of the prose cution, unless such debt and costs shall be paid within such time as it shall limit, to be sold, free of all subsequent incumbrances, by some proper officer, in such manner, and with such notice, as said court shall direct; and after satisfying said debt and costs out of the avails of such sale, the excess, if any, shall be by said officer paid to the parties entitled thereto. SEC. 8. No such mortgage shall be held invalid as to any item of per- 1864. Errors in desonal property included therein, by reason of its being described as consist- scription of ing of less than its true number or quantity; but if foreclosed, the court prapgeaty. may make a just order of division in its final decree.ll SEC. 9. Every building, in the construction, or repairs of which, or of 1855. ally of its appurtenances, any person shall have a claim for materials fur- lon buicslings. nished, or services rendered, exceeding twenty-five dollars in amount, shall, with the land on which the same may stand, be subject to the payment of such claim; and said claim shall be a lien on such land, building and appurtenances, and shall take precedence of any other incumbrance, origin* The heirs of a mortgagee cannot sustain a bill for foreclosure. 5 Conn., 139. tMay include hotel firniture. 25 Conn., 310. $Condition must state the mortgage del)t or liability with reasonablle certainty. 28 Conn.. 162. ij If a certain number of articles are mortuaged, of which the mortgagor owins a larger nnmber, and there is no mode of distinguishing those mortgaged from those not mortgagced, the imortgage is void. 25 Conn., 311. 3C0 PRIVATE PROPERTY. [Title 1S, ating after the commencement of such services, or the furnishing of any such materials, subject to apportionment as provided in the twelfth section; and said premises may be foreclosed by such person, in the same manner lS84. as if held by mortgage; provided that no such lien shall attach to any estate not owned by the party against whom such claim exists.* Certificate of SEC. 10. No such lien shall be valid, unless, within sixty days after the lien to be recorded. person performing such services, or furnishing such materials, has ceased so to do, he shall lodge with the town clerk of the town, in which said building is situated, a certificate in writing, describing the premises, the amount claimed as a lien thereon, and the date of the commencement of the claim, the same being first subscribed and sworn to, as the amount justly due, as nearly as the same can be ascertained, which certificate shall be recorded 1G67. by the town clerk, with deeds of land; but in case of the death of a party Certificate of executor. who might have filed such a certificate, before filing the same, his executor or administrator may make and lodge such a certificate within three months from the time of his qualification, as such, and within six months from the decease of the original claimant.t Notice to owner SEC. 11. No person other than the original contractor for the building, or proprietor that lien is or a sub-contractor, whose contract with such original contractor is in writing, claimeed. and has been assented to, in writing, by the other party to such original contract, shall be entitled to claim any such lien, unless he shall, within sixty days from the time he shall have commenced to furnish materials, or render services, give written notice to the owner of such building, that he 11as so commenced to furnish materials, or render services, and intends to claim a lien therefor on said building; which shall be served upon said owner, if he resides in the same town in which said building is beingo erected or repaired, by any indifferent person, by leaving with him, or at his usual place of abode, a true and attested copy thereof; and if such owner does not reside in said town, but has a known agent therein, such notice may be so served upon said agent, otherwise it may be served by any indifferent person, by depositing in the post-office, in the town in which the claimant resides, postage paid, a true and attested copy of said notice, directed to such owner at the place where he resides; and where there shall be two or more owners, notice to one of them, if given as provided in this section, shall be deemed notice to all; and a copy of said notice, and of the return of the person who served it, indorsed thereon, shall also be lodged for record with the town clerk of the town in which such land lies within said period of sixty days. 1855. 1~56. SEC. 12. No such lien shall attach to any building or its appurtenances, or Liens not to exceed, in the to the land on which the same may stand, in favor of any person, to a greater whole, the contract price for the buildig. for As this statute prefers certain creditors over the rest, it should be somewhat strictly construed. 30 Conn., 474. Material men are entitled to this lien although furnishing no labor. Id., 471. But not unless the materials are both furnished, and, in fact, used for a particular building. Id., 471, 472. No lien for work or materials furnished without the authority or assent of the owner. 27 Conn., 577. A lien may be'enforced against the husband's interest in his wife's land, for work ordered by him, without her assent. 23 Conn., 569. Attaching creditors take subject to the lien for work done and to be done under a contract. 18 Conn., 317-349. There can be no lien for fitting up an existing mill with machinery. 29 Conn., 267. Putting filmrnaces into a house may give a lien. 39 C'onn., 863. A lien covers all the land required for the convenient use of the building. 18 Conn., 348. Taking the owner's note on time for the amount due does not discharge the lien. 39 Conn., 354. Unless perhaps when received as in full. 29 Conn., 267; 30 Conn., 475. The rules of equity concerning mortgages apply to mechanics' liens. 26 Conn., 319; 29 Conn., 265; 23 Conn., 355. tAn innocent over-statement of the amount of the claim will not invalidate the certificate. 18 Conn.. 349; 39 Conn., 354. The description of the premises must he substantaiallv accurate. 29 Conn., 266; 30 Conn., 473. One certificate may embrace two distinct jobs. 23 Conn., 567. Chap. 7.] LIENS. 361 amount in the whole, than the price which the owner agreed to pay for such building and its appurtenances; and when there shall be several claimants, and the amount of their united claims shall exceed such price, the claimants, other than the original contractor, shall be entitled to be first paid in full, if the amount of such price is sufficient for that purpose; but if not, it shall be apportioned among the claimants having such liens, other than the original contractor, in proportion to the amount of the debts due them, respectively, by the original contractor; and the court having jurisdiction thereof, on application of any person interested, may direct the manner in which such claims shall be paid; but in determining the amount to which any lien, or liens, shall attach upon any land or building, the owner of such land or building shall be allowed whatever payments he shall have made, in good faith, to the original contractor or contractors, before receiving notice of such lien or liens.* SEc. 13. Every railroad for the construction of which, or of any of its 1871. Lien on railappurtenances, any person shall have a claim for materials furnished or roadfor sefvices or materials services rendered, under any contract with or approved by the corporation fal:lishled fior its constraction. owning or managing such railroad, shall with its real estate, right of way, material, equipment, rolling stock, and franchise, be subject to the payment of such claim; and said claim shall be a lien on said railroad, railroad property, and franchise, and the manner of asserting and perfecting such lien, by notice, certificate and foreclosure, shall be in all respects in accordance with the provisions of the four preceding sections of this Chapter; except that the certificates of the lien and of its discharge shall be filed in the office of the Secretary of this State, who shall record them in a book kept for that purpose. SEC. 14. Any person having any remainder interest in real estate, in 1sss. Lien of remainwhich a life interest has been created by devise,. who has paid, or shall pay clen-la, for reany money for necessary repairs or improvements upon such real estate, provli,eits. shall have a lien therefor upon such real estate; and the Court of Probate in the district in which such estate is situated may, upon his application made during the continuance of said life estate, or within sixty days thereafter, and after such notice to parties in interest as it may prescribe, order the sale, subject to said life interest, if it be not terminated, of so much of said estate as will liquidate the sums so advanced. SEC. 15. Upon the death of any married woman, intestate, leaving real lsT1. estate in which her husband has no estate by the curtesy, but upon which Li,n of,loband he has made improvements during coverture with her assent or for their mentlS on wifets mutual benefit, the value of such improvements shall constitute a valid claim against her estate in favor of the husband, and shall be a lien upon such real estate. SEC. 16. No such lien shall continue longer than sixty days after admin- Probate courlt istration shall have been taken out on her estate, unless the husband, to adjadidCate e )upolm all claims within said time, shall make written application to the Court of Probate, for stuch lien. granting such administration, setting forth his claim and praying that the value of such improvements may be ascertained; and upon the filing of such application, the court shall proceed, by itself, or by a committee, to ascertain whether such improvements have been made, and, if so, their value; and such value, when so ascertained by a decree of the court, shall * Ili is to be allowedl for such payments, though macle in advance. 27 Conn.; 578. 362 PRIVATE PROPERTY. [Title 18. be a valid claim against the estate so in settlement; and, if not paid by the administrator, within one year from the grant of administration, the husband may proceed to enforce the same by foreclosure of his lien, in the same manner as upon a mortgage of real estate. Lie4f. ett SEC. 17. Final judgment shall not be rendered against any defendant Lien for bettermentsofdefend- in an action of ejectment, who or whose grantors or ancestors have in good alit in ejectment. faith, believing that he or they, as the case may be, had an absolute title to the land in question, made improvements thereon, before the commencement of the action, until the court shall have ascertained the present value thereof and the amount reasonably due to the plaintiff from the defendant for the use and occupation of the premises; and if such value of such improvements exceeds such amount due for use and occupation, final judgment shall not be rendered until the plaintiff has paid said balance to the defendant; but if the plaintiff shall elect to have the title confirmed in the defendant, and shall upon the rendition of the verdict file notice of such election with the clerk of the court, the court shall ascertain what sum ought in equity to be paid to the plaintiff by the defendant, or other parties in interest, and on payment thereof may confirm the title to said land in the parties paying it.* _8S4. SEC. 18. Every vessel, for materials furnished or services rendered in Liens of material man on ves- the construction or repairs of which, or of any of its appurtenances, any person shall have a claim for more than twenty dollars, shall be subject to lien for the amount of such claim, which lien shall be on such vessel and its appurtenances, and shall take precedence of any other incumbrance, (except a lien for mariners' wages,) which shall originate subsequent to the commencement of such services, or the furnishing of such materials, subject to apportionment as hereafter provided, and may be foreclosed like a mortgage of personal property, under the provisions of the seventh section of this Chapter.t Certificate of SEC. 19. No such claim shall remain a lien on such vessel or its appurlien to be lodged with town tenances more than ten days after the person performing such services, or clerk. furnishing such materials has ceased so to do, unless he shall sign and lodge with the town clerk of the town, where such vessel was so constructed or repaired, a certificate in writing describing the kind of vessel, the amount claimed as a lien thereon, the place in the town where the services or materials were furnished, the date of the commencement of the claim, the name of the vessel, if known to him, and the name of the owner or owner's agent, if known to him; which certificate the town clerk shall record in a book kept by him for that purpose; nor unless such person shall also leave a copy of such certificate with the owner of said vessel, or his agent, if either of them are known to him to have a residence in this State. Form of certifi- SEC. 20. The form of the certificate may be as follows: cate. To all persons whom it may concern. This certifies that on the day of -, A. D., 18-, I commenced to render services (furnish materials) for the construction (repairs) of a vessel designated as a * By common law, such betterments could be set off against a claim for the mesne profits. 5 Coke Rep., 30; 8 Wheat., 1. t There is no maritime lien in favor of a ship-builder, nor for materials or supplies furnished to a vessel in her home port, but a State can give a lien in such cases. 7 Wall., 645. The United States Courts have power to allow such a lien to be enforced by admiralty process in srem. 4 Wheat., 438; 1 Black., 529. But the U. S. Supreme Court in 1858 refused to exercise this power for the future, and repealed their former rule authorizing such libels. Chap. 7.] LIENS. 363 (schooner or other designation, as the case may be,) and that I claim a lien thereon under the provisions of the statute for the sum of dollars on account of such services rendered (materials furnished). Said vessel was situated at (describe place in town) in the town of, when such services were rendered (materials furnished). The name of the vessel is The owner's (agent's) name is. Dated at,. D., 18-. A. B. SEC. 21. No vessel or its appurtenances shall be subject to such liens Liens not to exceed in the for a greater amount in the whole than the price agreed to be paid for such whole the contract price olr vessel or its repairs; and when several liens shall be claimed by different tle vessel or its persons to an amount in all exceeding such agreed price, the claimants repairs other than the original contractor shall be entitled to be first paid in full, if such sum be sufficient for that purpose, but if it be not sufficient, it shall be apportioned among the claimants other than the original contractor, in proportion to the amount of their respective claims; and the court having jurisdiction thereof, on application of any person interested, may direct the manner in which such claims shall be paid; but in determining the amount to which aihy lien or liens shall attach upon any vessel, its owner shall be allowed whatever payments he shall have imade in good faith to the original contractor before he or his agent received notice of such lien or liens. SEC. 22. Every person who has lodged for record a certificate claiming ss53. 1874. a lien on any property, under the provisions of this Chapter, shall after re- liesa st slatescceiving satisfaction of his claim or after the rendition of a final judgment tionpiece. against him showing that nothing is due thereon, within ten days after being requested in writing so to do, by any person interested in having the lien removed, sign, and lodge in the office in which his original certificate was filed for recqrd, a certificate that said lien is removed, which, being there recorded, shall forever discharge said lien; and, if he fail so to comply with any such request, he shall pay to the party aggrieved such sum, not exceeding half the amount claimed by his lien, as the court having cognizance of the action brought therefor may determine. SEc. 23. When a special agreement shall have been made between the 1874. Liens of bloar. keeper of any boarding or lodging house, and any person boarding or lodging ins or lodgibo' at such house, regarding the price of such board or lodging, all the bagg hoag e baggage, epc and effects kept by such person at such house, shall be subject to a lien in favor of the keeper of such house for all such sums as shall be at any time due him from such person for board or lodging; and such boarding houise or lodging house keeper may detain such baggage and effects until such debt shall be paid; and, if it be not paid within sixty days after it is clue, he may sell said property, or such part thereof as shall be necessary, and apply the proceeds to the payment of such debt. 364 PRIVATE PROPERTY. [Title 18. CHAPTER VIII. Limited Partnerships. SECTION SECTION 1. How formed. 6. Terms to be published. 2. General partners; special partners. 7. Capital to be advanced in cash and not 3. Name of firm. withdrawn. 4. Certificates. 8. Special partners not to be joined in snit of 5. Penalties. a party. 1822. SEC. 1. Limited partnerships, for the transaction of any business, exFormation. cept banking or insurance, may be formed according to the provisions of this Chapter. G(eneralpart- SEC. 2. Such partnerships shall consist of one or more partners, jointly and severally responsible, as in ordinary cases, to be called general partners; Special part- and one or more partners, furnishing capital to the partnership stock, whose nliers. liability shall not extend beyond the capital so furnished by them, to be called special partners. Name of firm. SEC. 3. Every such partnership shall be conducted under a company name, in which the name of one or more of the general partners shall appear; and, if any special partner's name shall be used in said company name, he shall be liable as a general partner. ls22. 1857. SEC. 4. No such partnership shall be deemed to be formed until the Certificate to be made, acknowil- persons forming it shall make, and severally sign and acknowledge before edged, and recorded. any officer authorized to take the acknowledgment of deeds, a certificate stating the company name and the names and residences of all the partners, designating which are general, and which special partners, and which of the general partners are authorized to transact the partnership business, and sigrn the firm name, and also the amount of capital furnished by each special partner, and the time at which the partnership is to commence and terminate; nor until such certificate, and also a certificate of the amount actually paid in by each special partner, signed and sworn to by such of the general partners authorized to transact the partnership business, shall be filed and recorded in the office of the town clerk of the town where the principal business of the partnership is to be carried on; and a copy of such certificates shall be primta facie evidence of the matters therein contained; and the partnership shall be responsible only for the acts of the general partners designated as specially authorized as aforesaid; and copies of said certificates shall, in like manner, be filed in every town where such partnership may have a place of business. 1822. SEC. 5. If the requirements of the preceding section are not complied Penalties. with, or if a false certificate shall be made, all the special partners shall be liable as general partners. Terms of part- SEC. 6. The partners in any such partnership shall publish its terms for oer-hip to be lb-llisled. at least six weeks after such record is made, in at least one newspaper published in the county in which their business shall be carried on. Capital to be SEC. 7. All advancements to the capital stock by the special partners'Itraneed in e.ac and not shall be in cash, and no part of the capital furnished by them shall be withwr it h d liawn. drawn, either in the shape of dividends, profits, or otherwise, at any time while such partnership continues; nor shall any special partner, under any Chap. 9.] STRAYS AND LOST GOODS. 3 65 circumstances, be considered as a creditor, or allowed to claim as a creditor. * SEa. 8. No special partner shall be joined as a party in any suit by or Spttoealpariner against such partnership, unless liable as a general partner. in suit. CHAPTER IX. Strays, and Lost Goods. SECTION SECTION 1. Unclaimed goods, if perishable, how dis- 5. Avails of sale to be retained for owner. posed of. 6. If not claimed, to escheat. 2. If not perishable, how disposed of. 7. Lost goods and strays, how disposed of. 3. Unclaimed express freight not perishable, 8. Owner when to have restitution. how disposed of. 9. Appraisal: to belong to town, when. 4. If perishable, how sold. SEC. 1. All goods of a perishable nature left with any person, the 1846. Unclaimed owner of which is unknown, or neglects to take them away after reason- goods, if perishable notice, shall be advertised at least one week in a newspaper published alposed of. in the county where they were left; and if not then claimed and taken away, may be sold at public auction, under the inspection of the sheriff, or a deputy sheriff of such county, and the proceeds of the sale, after deducting the expenses thereof and the charges for which they may be liable, shall be deposited with the treasurer of the town where they were left, who shall hold the same, subject to the order of the owner thereof. SEC. 2. All goods of a nature not perishable, left with any person, or 1854. upon any public wharf or highway, and all goods, other than personal bag- If perishgage of passengers, left at any railroad station, or in any railroad car, or car- al)e bhoxV dis. riage, the owner of which goods is unknown, or neglects to take them away for six months from the time when they were left, shall be advertised one month in a newspaper published in the county where such goods were left; and if the owners thereof shall not take them away within said month, may be sold, and the proceeds disposed of, in the manner provided in the preceding section, except that such proceeds, not claimed by the owner within one year, shall escheat to the State. SEc. 3. Every person engaged in the express business, who shall have 1869. in possession, for six months, any unclaimed article not perishable, may LPncssai'eights, sell it at auction, under the inspection of the sheriff, or a deputy sheriff, not perishable, how disposed of the county where the same is held, and out of the proceeds retain of. the charges of transportation and storage, and of advertising and sale; but no such sale shall be made until four weeks after the first publication, in a newspaper published in the place where the sale is to take place, of a notice thereof, containing a description of such article and the name of the person to whom it was directed; and the expense of advertising shall be a lien upon the articles advertised in a rateable proportion according to the value of each article. * Special partner may be creditor of firm for debts contracted with him by them, in good faith, other than for capital advanced bIy himn. 35 Conn., 463. 26 366 PRIVATE PROPERTY. [Title 18. If perishable, SEC. 4. If such unclaimed article be in its nature perishable, it may be how sold. sold as soon as its condition makes it necessary, without the notice required in the preceding section. Avails of sale SEC. 5. Such person engaged in the express business shall make an to be retained for owner. entry of the balance of the proceeds of such sales, credited to the person to whom such article was directed, as near as can be ascertained, and, at any time within five years thereafter, shall refund such balance to the owner of such article. If not claimed, SEC. 6. If such balance shall not be claimed by the owner within five to escheat. years, it shall escheat to the State. 1i50. SEc. 7. When any person shall find any stray beast in a suffering con1732. 1874. Lost goods and dition, or any lost goods of the value of one dollar, he may take the same strays, how disposed of. into his possession, and shall immediately inform the owner thereof, if known; but if he is not known, and the value of the beast or goods is not greater than five dollars, the finder thereof shall, within fourteen days thereafter, cause a particular description of them, and the place where they were found, and his name, to be registered by the town clerk of the town in which they shall have been found; but if their value is greater than five dollars, he shall, within said time, cause said description, place, and name to be advertised in a newspaper published in the town in or nearest to the place where they were found; and if any person who shall find or take into his possession such beast or goods, shall not inform the owner thereof, or cause such registry or advertisement to be made as aforesaid, he shall forfeit the value of such beast or goods, half to him who shall sue therefor and half to said town.* Owner claiming SEC. 8. If the owner of such beast or goods shall claim them within in six months, to have restitu- six months after such information, registry, or advertisement, they shall tion. be restored, upon his paying to the finder all proper charges, to be assessed, when the parties cannot agree, by any justice of the peace qualified to judge between them. Otherwise to be SEC. 9. If he do not so make such claim, any justice of the peace may appraised, and belong to the appoint two disinterested persons, who shall, under oath, appraise the value, towin. of such beast or goods; and if the owner, within six months after sucit appraisement, shall claim such beast or goods and pay all proper charges as aforesaid, he shall have restitution of the same, or the appraised value thereof, at the election of the finder; but if no owner shall appear within twelve months after the registering or advertising of such beast or goods, the same shall belong to the town where they were found; and the selectmen of such town may recover the same for the use of said town upon its paying the finder all charges, to be ascertained as aforesaid. * What are stray beasts in a suffering condition. 21 Conn., 477. Chap. 10.] TRUSTS. 367 CHAPTER X. Trusts. SECTION SECTION 1. How trust funds may be invested. 5. Probate Court may appoint a trustee in 2. Trustees to give bonds. certain cases. 3. Trustees may be appointed by Court of 6. Vacant trust, how filled. Prolate, when. 7. Legal title to estate, vests in successor. 4. Court of Probate may remove trustee. SEC. 1. Trust funds, unless it is otherwise provided in the instrument 1863. 1814. How trust creating the trust, may be invested in mortgages on real estate in this State, fundls may be double in value the amount loaned, or in the bonds or loans of the United irvested. States, or of this State, or of any town, city or borough in this State, or deposited in some savings bank incorporated by this State. SEC. 2. When a testator shall have appointed a trustee to execute a 1s54. 1863. trust created by his will, the court having cognizance of the settlement of bonds unless his estate shall, unless otherwise provided in said will, require of such trus- votherise protee a Probate bond; and if any trustee shall refuse to give such bond, such refusal shall be deemed a refusal to accept or perform the duties of said trust; but the bond, without surety, of any public or charitable corporation or cemetery association to which any bequest or devise shall be made in trust, shall be deemed sufficient. SEc. 3. When any person shall have been appointed trustee of any 122. 18.50. Appointmentt of estate, or shall hold, as trustee, the avails of any estate sold by virtue of trustees by Prospecial authority from the General Assembly, and no provision is made by bate Court. law, or by the instrument under which his appointment may be derived, for the contingency of his death, incapacity, refusal to accept, or resignation of such trust, the Court of Probate, in the district within which such estate shall be, or when the trust is created by will, in the district in which said will was proved, may, on the happening of any such contingency, appoint some suitable person to execute such trust, taking from him a Probate bond.* SEC. 4. Wrhen a trustee, appointed by a testator, or Court of Probate, ss31. to execute a trust created by will, shall become incapable of executing his boart om PrOtrust, or neglect to perform the duties thereof, or waste the estate of which move trustee, he is trustee, such court may remove him, after due notice and a hearing, other. upon the application and complaint of any person interested in the trustestate, and appoint another trustee in his place, who shall give a Probate bond. SEC. 5. WVhen a trust is created by will, and no trustee -is appointed 187T2. Probate Court therein, for the execution of such trust, the court before which such will may alpoint a trustee ill cerwas proved, may appoint a suitable person to execute the trust, taking from tain cases. him a Probate bond, unless otherwise provided in said will. SEC. 6. When a trustee of any estate, appointed to execute a trust 1857. created otherwise than by will, shall desire to resign his trust, and there shall how filled. be no provision in such trust for filling a vacancy, he may make written application therefor to the Court of Probate in the district in which such estate may be situated, which shall order notice thereof to be given, by ad*Where executors are by the will appointed trustees, their acceptance of the trust may be inferred from their acceptance of the office of executors. 12 Conn., 473. 368 PRIVATE PROPERTY. [Title 18. vertisement in' some newspaper published in the county in which said district is situated, at least two weeks before the hearing of such application, and may order other notice to be given; and said court may accept his resignation and appoint another in his place, who shall give a Probate bond. 1rs2. SEC. 7. When the legal title to any estate has vested in a trustee, and The legal title to estate vests such trusteeship has become vacant, and a successor shall be appointed and in his successor. qualified, the legal estate remaining in said trustee, at the time of such vacancy, shall immediately vest in the new trustee; and a certificate of his appointment duly made and sworn to by him, and recorded in the land records of the town in which the estate is situated, shall be evidence that such legal estate is vested in him. CHAPTER XI. Estates of Deceased, and Insolvent Persons. PART I. Of DeceasedPersons. PART II. Of Insolvent Persons. PART 1II. General Provisions. PART I. Of Deceased Persons. ARTICLE I. Testate Estates. ARTICLE II. Intestate Estates. ARTICLE III. Inlsolvent Estates, Testate and Intestate. ARTICLE IV. Dower. ARTICLE I. Testate Estates. SECTION SECTION 1. Who may make a will: devise of real 11. Limitation for proving will. estate acquired after date of will. 12. Administrator with the will annexed. 2. How executed. 13. Judge of Probate to notify corporation of 3. Devise or legacy to witness void. bequest or devise. 4. Pecuniary legacy, when a charge on real 14. When estate of legatee or devisee taken estate. for payment of debts, others to contribute. 5. Provision against lapse of devise or leg- 15. How real estate maybe sold to pay legacies acy. charged upon it. 6. Birth of child, revocation of will. 16. Division among joint devisees. 7. Actual revocation. 17. Distribution of life estate in personal esS. Proof of will out of court. tate. 9. Executor to prove will, or refuse trust: 18. When personal estate to be delivered to bond. person entitled to life estate therein. 10. Where proved when testator lived out of State. SEc. 1. All persons of the age of eighteen years, and of sound mind, Who ma make may dispose of their estate by will;* and every devise purporting to convey a will: devise of all the real estate of the testator, shall be construed to convey all the real all one's real estate covers that subse- * Before 1809, a married woman could not make a devise. 2 Day, 163. As to soundness of mind, see quently ac- 4 Conn., 203, 8 Conn., 254; 9 Conn., 102; 27 Conn., 192. 34 Conn., 434. Character and provisions of a quircd. will may be considered by a jury in determining soundness of mind. 29 Conn., 399. Burden of showing soundness of mind of testator is on the party proving the will. 26 Conn., 20. How devisees may be designated. 15 Conn., 274; 17 Conn., 181; 22 Conn., 125. Who may not be devisees. 6 Conn., 292. In devises, an estate in fee simple, how created. 1 Day, 299; 2 Day, 33S; 4 Day, 368; 5 Conn., 98; 10 Conn., 448; 15 Conn., 468; 26 Conn., 4. Estate tail, how created. 3 Day, 332; 7 Conn., 250; 8 Chap. 11.] ESTATES OF DECEASED, AND INSOLVENT PERSONS. 369 estate belonging to him at the time of his decease, unless it shall clearly appear by his will that he intended otherwise.*19 SEC. 2. No will or codicil shall be valid to pass any estate, unless it be in so07. i21. writing, subscribed by the testator, and attested by three witnesses, all of ls48. is56. 1s8(3. Wills, how exe-.them subscribing in his presence, and in the presence of each other; but cuted. no will of personal estate, made before the twenty-seventh day of June, 1848, shall be invalid if not so attested; and all wills executed according to the laws of the State or country, where they were executed, may be admitted to probate in this State, and shall be effectual to pass any estate of the testator, situated in this State.t SEC. 3. Every devise or bequest, given in any will or codicil, to a sub- Devisofrleacy scribing witness, or to the husband or wife of such subscribing witness, to a subscriblig witness, void. shall be void, unless such will or codicil be otherwise legally attested; and such person shall be admitted as a witness thereto, in the same manner as Conn., 348; 9) Cionn.. 114; 12 Conn., -23S. A trust, when created. 8 Conn., 47, 408, 447. No trust will be raised by expressions inmporthif r ucco clmendation, hope, confidence,,Sc., unless there be certainty as to the parties rwho are to take and the property to be taken; nor where a clear discretion and choice, to act or not to act, is given to the supposed,trustee. 19 Coln., 342; 21 Conn., 257. Trust created by will, void for uncertainty, when. 22 Conn.,,1. VWthen not. 30 Conn., 113. The principle of cypres has not been adopted in this State. 22 Conn., 01,. Where property wvas devised to trustees to receive the income, and' to divide the same equally between my said wife and said children and their heirs;" held that these words gave the wife a share of such income equal only to that of each one of the childlren. 21 Colnn., 122. Various other points in relation to trusts created by w-ill. 3 Conn., 166; 21 Conn., 1, 257, 538; 22 Conn., 31, 129; 27 Colnn., 600; 31 Conn., 309. Cestei qize trust may alienate life estate in the income of a trust estate. 27 Conn., 600. Conditional devises. 2 Conn., 196; 6 Conn., 11; 7 Coln., 204. Tenancy in coinmon by devise. 5 Conn.,'i63. Limitations in devises. 5 Day, 527; I Coln., 2,; 7 Coln.. 5(S5. Estate specifically devised, not to be brought into hotch-pot. 17 Conn., 542. VWhen real estate is chargeable wvith legacies. 8 Conn. 1; 11 Conln., 144. When not. 5 Conn., t31. Formerly-, shares of turnpike stockl were not subject to testamentary disposition by persons not qualified to devise real cstate. 2 Coln., 567. In the construction of a w-ill, the intention of testator is to govern. 1 rLoot, 312; 11 Conn., 144. Under bequest of moveable property, judgment debt does not pass. 10 Conn., 223. "All my estate, &-c., lwhich I shall (ie possessed of," held to include not merely property in personal. occupation of testator at time of death, but all property then owned by him. 22 Conn., 462. The word "heir"' in a ivll is to be construedl in its usual legal sense, unless the wi l shows clearly and decisively that the testator uses it in a different sense. 21 Coon., 616. When testator bequeaths estate to his' heirs," nel)hews and nieces take per stit7les, and not per cciyct. 25 Conn., 337. In construin g doubtful or inconsistent clauses, courts xvill be guidied by the gcneral prevaliling intent rather than the particular intent. 9 Conn., 114; 10 Coln., 448; 22 Conn., 37.1. M iistake in a will does not made it void. 8 CooIn., 234. As a general rule, wills speak from the death of testator. 21 Conn., 530, 616. When parol evidence, in connection with the wvill, is admissible to show the intention. 15 Conn., 274 16i Conn., 1, 137, 291; 22 Conn., 521. When not. 1 Day, 8; 6 Coln., 270; 8 Colnn., 234-1; 21 Conn., 550; 31 Conn., 1S3. Legacy specific, when. 16 Conn., 1, 498; 22 Coln., 521. Various other points upon the construction of devises and legacies. 4 Day, 36S; 2 Conn., 287; 7 Conn.,;[ 12 Conn., 350; 15 Conn., 274; 16 Conn., 1, 408, 517; 18S Colon., 333; 19 Conn., 107, 272; 20 Conn., 327; 21 Conn., 379, 550; 22 Conn., 31, 5!)5; 23 Conn., 349,447, 579; 26 Coln., 493; 27 Conn., 12-4, 628; 28 Coinn., 590; 20 Coln., 297, 526; 32 Coln., 446, 482, 502; 33 Conn., 211, 222, 270, 293; 34 Conn., 401; 53 Coln., 111; 3v Conn., 365; 37 Conn., 243; 38 Conn., 09. What constitutes a donauio causa iieortis. 10 Conn., 420. A promissory note in the name of donor, payable to donee, cannot constitutc one. 10 Conn., 480. Lut the prom;issory note of a tlird person, though not payable to bearer, and not indorsed so as to transfer the legal title by delivery, can. 18 Conn., 410. There may be, by will, a lremainder over of personal estate. 2 Day, 28, 52. Authority given by will to two executors to sell real estate, does not give to one of them alone such power, nor to both the power of entering 1upon and occupying such estate. 3 Day, 334, 383; but if authority be given to executors to sell re':l estate, and onle declines to act as executor the other may sell. 27 Conn., 520. All the valid provisions of a will must be carried into effect, although it contains other provisions which are invalid. 38 Conn., 26. ~ Before passage of Act of 1831i testator could not devise real estate not owned by him at the time of making his wrill: said Act did not operate retrospectively. 15 Conn., 274. t WVhen a witness will not be disqualified by interest. 1 Day, 33; 6 Conn., 106. An executor may be a witness. I Root, 494; 8 Conn., 254. Judge of Probate may witness a will. 1 Root. 4G2. Order in which witnesses and' testator put their names to a will immaterial. 25 Conn., 229. A wvill executed jointly by two persons is valid, when. 20 Conn., 452. Probate Court only tribunal to decide due execttion of a will. 23 Conn., 1. But a party may show collaterally that a testatrix was under twentyone when the will devises real estate. 31 Coinn., 417. As to wills executed out of State, see 33 Conn., 135. Will made in 1846 attested by only two witnesses held to be a valid disposition of personal estate. 34 Colnn., 4S3. 370 PRIVATE PROPERTY, ii snuch devise or bequest had not been given; provided it be not given to an heir of the testator.* 1849. SEC. 4. All pecuniary legacies, given in any will made subsequent to Pecuniary leIca- lues. wthenl a the twenty-second day of June, 1849, shall, if the personal est:Lte of the chlarIe on real estate. testator be insufficient for the payment thereof, be a charge on his real estate, except that which is specifically devised, unless otherwise directed in the will. Provisions for SEC. 5. When a devisee or legatee, being a child or grandchild of the tirect dscentod- testator, shall die before him, and no provision is made for such continlapse. gency, the issue of such devisee or legatee, shall take the estate so dlevised or bequeathed. Birth of a child, SEC. 6. If, after the making of a will, a child is born to the testator, a rev\ocation. and no provision is made in the will for such contingency, such birth shall operate as a revocation of such will. 1821. SEC. 7. No will or codicil shall be revoked, except by burnillg, canActual revoca- tionl. celing, tearing, or obliterating it by the testator, or by some person in his presence, by his direction; or by a later will or codicil..[ 1719. 1821. SEC. 8. Any or all of the attesting witnesses to any will may, at the 18:30. 1859. 186:3. 8l74. request of the testator, or after his decease, of the executor or any person Proof of will out. of court. interested under it, make and sign an affidavit before ally officer authorized to administer oaths, in or out of this State, stating suchi facts as they would be required to testify to prove such will in court, wlhichl afildavit shall be written on said will, or, if that be mpracticable, on some paper attachJ ed thereto; and the oath of any such witness, so taken, shall be accepted by the Court of Probate, as if it had been taken before said court.t 1699. 1783. SEC. 9. All executors, having knowledge of their appointmect, shall, 1784. 1865. Executor to within thirty days next after the decease of the testator, exhibit the will for prove the will, or refuse the probate, to the Court of Probate of the district where the testator last dwelt, trust. or present it and declare their refusal to accept the executorslhip; and Bond. no executor shall be approved by the Court of Probate until he shall have given a Probate bond; but if the will appointing him direct that no bond, or one of a certain amount only, be required of him, the amount of the bond shall be equal only to twice the amount of the debts due by the deceased as estimated by the court, unless the amount named in the will is greater.~ 1849. -SEC. 10. If the testator, at his decease, lived out of this State, the will Where proved when testator may be proved in any district in which the estate conveyed, or some part of lived out of this State. it, shall be. * A devise of real estate to an heir-at-law, who is a witness, vests title in the devisee. 23 Coun., 1. ~ Before the revision of 1821, wills were irrevocable by parol. 5 Conn., 16-1. Until then, it was necessary that a writing revoking a will should be attested. 2 Conn.. 67. A nwill once revoked, cannot be republished by parol. Ibid. A will revoked by a subsequent wvill. cannot b)e set utp )y the destruction of the will by which it is revoked. 3 Conn., 576. Whether a will, devisin2g real estate, attested by two witnesses, will revoke one attested by three. 4 Day. 66. Various points as to revocation. 82 Conn,, 270. $ Not necessary on trial of validity of will before Superior Court that all the attesting witnesses should be called. 36 Conn., 277. ~ The refusal of an executor to act may be implied. 16 Conn.. 298, 27 Conn., 520. When executor is liable on the bond. 1 Day, 15: 16 Conn., 310; 27 Conn.., 530. Legatees may sustain action on bond for non-payment of legacies. 12 Conn., 350. Omission to inventory debt founded on judLement rendered in another State, no breach of the bond; otherwise. where, by suit here on such judLrment, cxectitor collects funds and neglects to account. 19 Conn., 238. Appeal, other than Fluit on bond, the appropriate remedy, when. 21 Conn., 237. Assumpsit or debt will lie against executors having assets, for pecuniary legacies, wvithout any express promise by executors. 4 Conn., 1(;3: O6 Conn., 170. Liability of executor to sureties. 2 Conn., 536. Liability of sureties. 6 Conn.. 74: 9 Conn., 10. Before Act of 1S48, in a suit upon the bond, it was not necessary to state for whose benefit it is brought. 2 Day, 112. Chap. 11.] ESTATES OF DECEASED, AND INSOLVENT PERSONS. 37 1 SEC. 11. NOv will shall be proved, after ten years from the death of the Ti 1 witlhin testator; but any minor interested shall be allowed three years after his ar- which will must be proved. rival at full age, to cause the same to be proved.SEC. 12. Upon the refusal of an executor to accept the trust, or to give a Administrator! with the will bond, the court shall commit the administration of the estate, with the will annexed. annexed, to the widow, or next of kin, of the deceased, and may cite them to appear before it; and upon their refusal, neglect of appearance, or inca. pacity, may grant the administration to one of the principal creditors, or, on their refusal, to such other person as the court shall think fit. SEC. 13. Within thirty days after the admission to probate of any will 1874. Judge of Procontaining a devise or bequest to any corporation or voluntary association, bate to notify corporation of the judge of the Court of Probate, before which it is proved, shall deposit becquest or devise. in the post-offce, postage paid, a written notice thereof, directed to the devisee or legatee, at the place where it is located. SEC. 14. When any estate bequeathed or devised to any person shall be 1821. When estate of taken for the payment of the testator's debts, all the other legatees, devisees l]enatee or (tc~isee taken fbr or heirs shall contribute their proportional part of such estate to the person payment of debts, others to from whom such legacy or devise shall be taken away, and he may main- contribute. tain an action to compel such contribution.t SEC. 15. AVhen the payment of a pecuniary legacy is charged upon the 3183. n ZD H — I-' -n IIow real estate real estate of the testator, or when real estate is devised to be sold, and may e sold to pay leg2racies no provision is made by the will for the sale, or there is no person designa- char-ed tnereted to sell who is capable or willing to act, the Court of Probate may order the sale of such estate, or of so much thereof as may be necessary to effect the intention of the testator, and to pay the incidental charles. SEC. 16. TVhen a testator shall order an estate to be divided among two isew. zn IS18-5. 1860. or more devisees or legatees, without ap-pointing any person to divide it, or Division amonr if he appoint persons to divide it who shall refuse or be unable to do so, joint devisees. the Court of Probate shall appoint three disinterested persons to make the division; but if the devisees, legatees, or heirs shall be legally capable to act, and shall make a division, in writing, in the manner provided for t.he division of intestate estate, such division shall be valid.t SEC. 17. When in any will an estate for life, in any personal estate, shall Isss. Court of Prohave been given to two or more persons jointly, and the same is susceptible bate mlay order of a division, the court before whiclh such will was proved may, during the diestibution of settlement of the estate of the testator, on the request of any one interested, personal estate. cause such personal estate to be distributed among such persons, and such distribution shall be binding on all persons interested. SEC. 18. W;hen a life estate in any personal estate shall be given by will May order perto one and the remainder to another, and there shall be no trustee named be delivered t.o for such estate during the continuance of the life estate therein, the Court of teto liele:tlte Probate having cognizance of such will may, upon the request of the person therein, when. entitled to such life estate, order the executor to deliver said personal estate to such person, upon his giving bond to the State, with surety, in a sum equal to double the value of said estate, conditioned that said estate shall be safely and properly kept, to be delivered to the person entitled to receive it, on the determination of the life estate therein. * When proof of the wrill is lbarred. 14 Conn., 210. t Devise or legacy in lieu of dower not required to contrilute. 23 Conn.. 327. + Court of Probate may decree such division;n certain cases, where testator has not made any formal order. 7 Conn., 21. 372 PRIVATE PROPERTY. [Title 18. ARTICLE II. Intestate Estates. SECTION SECTION 1. Administration, to whom granted. S. If no children, distribution how made. 2. If objection made, who may be appointed. 9. Heirs and devisees to give bonds to refund. 3. Limitation of time of granting administra- 10. Distributors of estate held by different titles. tion. 11. Distribution of avails of real estate of mi4. Bond. nor sold by order of court. 5. Distributors, when to be appointed. 12. Distribution of estate partly testate and 6. Distribution to wife and children. partly intestate. 7. Share of deceased child. 1672. SEC. 1. When any person shall die intestate, the Court of Probate, in 1699. 1821. Administration, the district in which the deceasecl last dwelt, shall grant administration of to whom granted. his estate to his widow, or next of kin, or to both, or, on their refusal or incapacity, to some other person, as said court shall judge fit; and when a person living out of the State shall die intestate, leaving property within the State, administration may be granted in any district where the estate, or some part thereof, shall be, to such person as the court shall think fit.* 1824. SEC. 2. If any creditor of or heir to an estate shall object to the appointWhen.objection mlade, who may merint of the widow, or next of kin, as administrator, the court may appoint b~e appointed. any other person whom it shall deem proper. imlitation of SEC. 3. Administration upon the estate of any person shall not be time of granting g-ranted after seven years front his decease; but where any minor is inadministration. terested, three years shall be allowed, after his arrival at full age, to take out administration; but in all cases where any person has died, leaving estate which is not known to those interested in the same, within the time above limited, but is discovered afterwards, administration may be granted within two years after its discovery. 170. 14 SEC. 4. The Court of Probate, upon granting administration, shall take a Bond. Probate bond from the administrator.t lS99. 5. Intestate estate, after deducting expenses and charges, shall be Distributors, lenll to he distributed by three disinterested persons or any two of them, under oath, appointed. appointed by the Court of Probate, unless all the persons interested in said estate shall be legally capable to act, and shall make and file in court a division of the same, made, executed and acknowledged like dleds of land, which instrument, being recorded in said court, shall be a valid distribution of said estate.. 1113. SEC. 6. One thi-rd part of the personal estate shall be distributed to the 1699. 1821. Distribution to widow of the intestate, forever; and if she shall not lhave been otherwise wife and children. - endowed before marriage, one-third part of the real estate to her during * Who are next of kin. 1 Root, 52: 3 Day, 211. The legal title to personal estate vests in the executor or administrator. 4 Conn., 1S2, 347. The transfer of a chose in action by one of two or more admlinistrators, is effectual. 1S Conn., 110. VWlen an adminllistrator in this State may sue a citizen of another State in respect to property out of this State. Id., 270. Coveiiant of intestate binds administrator, when. 1 Day, 30. Executor under authority of another State has no power, as such, to sue here. 3 Day, 74, 303. 15 Conn., 145. t When the administrator is liable on his bond. 3 Conn., 2S9; 5 Conn., 373; 21 Conn., 285; and see notes to section 9 of Article I of this Chapter. When not. 2 Conn., 2-147; 8 Conn., 106. Liable ofnly individually for expenses in settling the estate and bond not hlolden. 26 Conn., 184. IIow a breach of the condition should be stated. 3Conn., 513. Damages. II., 239; 5 Conn., 373; 12 Conn., 20; 15 Conn., 115. Administration account in gross, without items, not allowable. 4 Day, 137. I Various points respecting distribution. Kirby, 429; 3 Day, 2G0; 4 Conn., 495; 8 Conn., 27.S 408, 111; 9 Coiln., 225; 16 Conn., 317; 19 Conn., 313; 21 Conn., 377; 31 Conn., 588; 32 Conn., 2:72. Right to divide or alienate inherited interests not affected by this statute. 14 Conn., 122. An illegiti Chap. 11.] ESTATES OF DECEASED, AND INSOLVENT PERSONS. 373 life, and all the residue of the real and personal estate, in equal proportions, according to its value at the time of the distribution, among the children, and the legal representatives of any of them who may be dead, excepting children who shall receive estate, by settlement of the intestate in his life time, equal to the shares of the others, and excepting that children advanced, by settlement or portion, not equal to the shares of the rest, shall have only so much of the estate as shall make all the shares equal; and the estate shall be so divided that the male heirs shall have their part in the real estate, so far as the estate will allow; but when the court shall find that it will best accommodate the heirs of any estate, to distribute part of the personal estate to the male heirs, and part of the real estate to the female heirs, such court shall order the distribution to be made accordingly; but when it shall appear to said court that any real estate cannot be divided among all the children, without great inconvenience, it may order the whole to be set to the eldest son, if he will accept it, or, on his refusal, to the other sons, successively; and he shall pay to the other children of the deceased, their proportional shares of the true value of such estate, upon a just appraisal, to be made under oath, by three disinterested persons, appointed by the court, or he shall give security to such children, satisfactory to said court, that he will pay the same with interest, in such convenient time as it shall limit.* SEC. 7. If any minor child die before marriage, and before any legal S1699. f1784 disposition of the estate, the portion of such deceased child shall be equally ceased child, divided among the surviving children, and their legal representatives.t SEC. 8. If there be no children, or any legal representatives of them, then 1699. 1727. v 1748. 1s03. 1521. half of the personal estate shall be set out to the wife forever, and If noc hildrel, distribution, one-third of the real estate for life, and the residue of the estate, and the how made. whole, if there be no wife, shall be distributed equally to the brothers and sisters of the intestate of the whole blood, and those who legally represent them; and if there be no such kindred, then to the parent, or parents, and if there be no parent, then equally to the brothers and sisters of the half blood, and those who legally represent them; and if there be no parent, and no brother or sister, or those who legally represent them, then equally to the next of kin, in equal degree; kindred of the whole blood to take in preference to kindred of the half blood, in equal degree, and no representatives to be admitted among collaterals, after ti3 representatives of brothers and sisters; but all the real estate of the intestate, which came to him by descent, gift, or devise, from Ancestral estate. any kinsman,, hlall belong equally to the brothers and sisters of the intcsmate child may inherit from its mother. 5 Conn., 22S. nepresentatives of a widow of an ilntestate, dying beforc distlibution, are entitled to her share of the personal estate. 2G Conn., 3-19. Parties entitled to distril)itioon have no right to possession of personal property before distribution. 1 Day, 150; 4 Conn., -17. Estate remains liable for payment of debts after parties interested have made mutulal (dstribution. 20 Conn., 272. Power of a Court of Probate to order distribution, not affected by a convce-ancc by heir at law before distribution made. 29 Conn., 413. Order of conrt dilrecting estate to be distributed to the persons whom it finds to be the heirs, conclusive. 2S Conn., 2',9. *Various points respectin advanced portions. 3 Conn., 31; 6 Conn., 30S, 355; 7 Conn., 1; 16 Conn., S33; 17 Conn.. 5-'; 20 Conn., 322; 23 Conn., 516. Provisions that malc heirs shall have their part in the real estate, may be waived by such heirs. 19 Conn., 313. The rule seizina facit stirpemn has never been adopted in this State. 3 Day, 166. t Whether the cistinction between whole blood and half blood in the relationship of surviving children to such dceeaxed chidren, woulw d affect the distribution, qucere. 19 Conn., 313. This section applies only to intestate estates. 28 Conn., 339. 374 PRIVATE PROPERTY. [Title 18. tate, and those who legally represent them, of the blood of the person, or ancestor, from whom such estate came or descended, and in case there be no brothers and sisters, or legal representatives, as aforesaid, then equally to the children of such person or ancestor, and those who legally represent them, and if there be no such children, or representatives, then equally to the brothers and sisters of such person or ancestor, and these who legally represent them, and if there be none such, then it shall be divided in the same manner as other real estate; provided, that when such intestate shall 1866. be a minor, and shall not leave any lineal descendants, or brother or sister Succession to minors. of the whole blood, or any descendants of such brother or sister, or any parent, such estate shall be distributed equally to the next of kin to the intestate of the blood of the person or ancestor from whom such estate came or descended; and if there be no such kindred, then to the next of kin of the iltestate generally; and in ascertaining the next of kin, in all cases the rule of the civil law shall be adopted;* and the real estate, subject to the widow's dower, remaining undivided at the expiration of her term, shall be distributed in the same manner by the same or other distributors.+ 1699. SEC. 9. Every person to whom any part of an estate shall be distributed, H-eirs and devisees to ive and every person to whom any estate shall be devised or bequeathed, when bonds to refund in case ofdebts. no sufficient provision is made by the will for the payment of the debts out of some particular estate, shall give a bond to the State, with surety, to the acceptance of the Court of Probate, conditioned that if after the settlement of the estate, debts shall appear and be allowed, he will pay to the executor or administrator his proportional part of such debts, and of the charges of the executor or administrator. 1841. SEC. 10. When different parcels of real estate shall have descended to Distributors of estate held by the same persons, as heirs of different intestates, or shall have been devised differenttitles to the same devisees by different testators, the Court of Probate, to which the settlement of the several estates of such deceased persons shall appertain, may cause such real estate to be distributed among such joint owners, by distributors appointed for that purpose, in the same manner as though the whole of such real estate were held under one and the same title; and such distribution when accepted by such court, shall be valid. 1865. SEC. 11. When any real estate of a minor shall be sold, or when any Distribution of avails of real such estate, belonging to any minor now living, has heretofore belen sold, estate of minors, sold by or- under an order, or decree, of any court empowered to order suci sale, so der of court. much of the avails of the estate sold, and of any investment thereof as shall not have been expended for such minor according to law, shall in case of his decease intestate, under full age, be distributed as such real estate would have been, if unsold. 1s67. SEC. 12. When any part of an estate shall have been devised or oeDistribution of estate partly queathed, and part shall be intestate and held in common with the devisees testate and partly intestate. or legatees, the Court of Probate may order a distribution of said estate, * Does not render parent capable of inheriting real estate. 3S Conn., 403. 1 Before 1784, the half bloodc were entitled to an equal share with the whole blood in the estate of their common ancestor. 2 Day, 112. Law of another State, where deceased hatL his domicil, governs distribution of personal property here. 21 Conn.,577. See also 9 Conn., 182. Distribution can be set aside only by appeal to the Superior Court. 24 Conn., 241. But the question, fwho is clothed with authority to administer assets, must be decided by the tribunal having jurisdiction of the subject where such assets are situated. 16 Conn., 127. Court of Probate may order ancillary administrator here to transmit such property, when ready for distribution, to principal administrator in another State. 12 Conn., 577. Chap. 11.] EsrTATES OF DECEASED, AND INSOLVENT TPERSONS. 375 and appoint three disinterested persons to make thle same, whl o shal o be sworn and return their doings to said court in the same manner as d stribators of inltestate estates. ARTICLE III. Insolvent Estates: Testate or Intestate. SECTION SECTION 1. Any estate may be settled as an insolvent 5. Return of sale and order of Iayment of estate. debts. 2. Clniils not presented. 6. When non-residents may present claims 3. Su:ts not to be bronght during the settle- after expiraltion of lilM'tation. mneeIt. 7. W'hen estate may be settled without coIm 4. What shall be set out to widow. missioners. SEC. 1. The estate of any deceased person may be settled as an insolv- Ei. ent estate, if the Court of Probate deem it expedient. may beettled SEC. 2. When the settlement of any solvent estate shall have been a estate.olvet commenced as an insolvent estate, the rights of all persons having claims Claims not preagainst such estate, subse-luently accruing, and which slhall not have been senlted. exhibited to the comumissioners within the time limited for the cxhibition of claims, shall be the same in respect to any estate of sucll deceased person, remaining after the payment of the claims allowed by tlhem, as tllcy would hlave been in regoard to such remlaining estate, if said estate had always been treatedl as a solvent estate.'; SEC. 3. No suit, except for debts clue to the United States, or to the 1716. 1734. 1874. State, or for tlle expenses of the last sickness, or funeral charges, shall be Suits not to Le brought a.,:cailnlt the executor or administrator of an insorveilt estate in brohnehtlemrent course of settlement; and in case judgment shall have been rendered against hina before the comnmenceiment of its settlement as an insolvent estate, no execution shall issue, but the creditor may exhibit his judgment to the commissioners and receive his average of the estate with the other creditors; and if judclgment shall not have been rendered, the suit sllall abate, a;nd the creditor may exhibit his claim and the accrued costs of suit to the commissioners.t SEC. 4. If, on the report of the commissioners, the estate shall appear 1760. to be insolvent, the court shall set out to the widow of the deceased, if lStl. l1824. Mhat shall be any, such necessary household goods to be her own property as are exempt Iett to to te from execution, and one cow, if any there be, belonging to said estate, and also her dower; and said court shall order the executor or administrator to sell the residue of the estate, including the land subject to the dower, in such manner as shall appear to the court to be best for the creditors; but at any time during the settlement of the estate, said court may order the sale of the whole or any part of the personal estate.t SEC. 5. The executor or administrator shall render an account of such 1760. sales to the Court of Probate, which, on the final settlement of the estate, ReStln of184te anld olrder o1 *This section is merely declaratory of the existing law. 27 Conn., 251. Claim founded o0l contin- lpayment of gent liablilty, not presented to commissioners, may be enforced against any estate remaining after the dlebts. payment of claims allowed. ld., S0. t Where estate, represented insolvent, proves to be solvent, and administration account has been settled, the estate is not depending for settlement. 27 Conn., 2351. Various points in construction of this section. 31 Conn., 276.: General order of sale of all the property of deceased extends to property not inventoried, if known to the court, at the time of the order, to belong to the estate of deceased. "2 Day, 3')5. To authorize such general order what facts moust appear. 3 Conn., 513. The sale must be for cash only. 21 Conn.,'2S3. 2 7 5 PRIVATE PROPERTY. [Title 18. shall direct the payment of claims against such estate, to be made in the following order: first, the funeral expenses, and the expenses of settling the estate; secondly, debts due for the last sickness of the deceased; thirdly. all lawful taxes, and all debts due to the State and to the United States; and lastly, all other debts as allowed. in proportion to their respective amounts. k 8s48. SEc. 6. When any estate of a deceased person is represented insolvent, When non-resident clay prle- and, upon the report of the commissioners, the Court of Probate shall find Fent claiims after expiration of that said estate is solvent, it shall order the payment of the debts, and of Jimitation. the charges of settling said estate; and if any surplus remain after the payment thereof, the creditors who are not inhabitants of this State, and who have not presented their claims to said commissioners, may present the same at any time within six months after the expiration of the time limited by the court for the exhibition of claims; and said commissioners shall proceed in regard to said claims in the same manner as in regard to those exhibited within said time; aCnd upon the return of their report of such claims to said court, all parties in interest shall have the same rights as on their first report; and said court shall order such of said claims as are duly established to be paid from such surplus; or in case said property is not sufficient therefor, then in proportion to the sums so found to be due. 1S41 S. S. Wh7. en it shall appear to the Court of Probate that the estate of Vmay be etsltce a deceased person, in settlement before it, is wholly personal property, and wmssioners. thOat, e-clusivC of the articles which may be legally set out to the widow of the deceased, and the allowance for her support and that of the family, it will not be rmoro thla- sufficient to pay the funeral expenses, the expenses of settling thc estate, and of the last sickness, and the lawful taxes and debts due to thei State and the United States, the court may, after fair notice to all persons interested to appear, if no sufficient reason to the contrary shall be shown, ascertain the amount of said funeral and other expenses, and of said taxes and debts, and after setting out to the widow said articles, and makling said allowance, shall order the sale of so much of said estate as shall be required to pay said funeral and other expenses, taxes, and debts; and if, upon return of the sale being made, it shall be ascertained that the whole estate is required for that purpose, the settlement of the estate may be completed without the appointment of commissioners. ARTICLE IV'Dower. SECTION SECTION 1. nqirht of dower. 4. IMust give notice of refusal to accept pro2. Ioow set out. vision in will in lieu of dower. 3. Tenant in dower to keep estate in repair. 5. When settlement a bar of dower. >1; 2. SEc. 1. Every woman, living with her husband at the time of his death, Right of dower. or absent by his consent, or by his default, or by accident, or who has been divorced without alimony, where she is the innocent party, shall have right of dower, during her life, in one-third part of the real estate of which her * When claims, allowed in report of commissioners, are subsequently paid, dividends to be allowed only upon such as remain unsatisfied. 23 Conn., 118. All claims for expenses of last sickness are of equal degree. 30 Conn., 329. If there is not sufficicnt to pay all, must be divided pro rata. b1. Sec also S1 Conn., 276. Tombstones are properly a part of the funeral expenses. 30 Conn., 205. Chap. 11.] ESTATES OF DECEASED, AND INSOLVENT PERSONS. d husband died possessed in his own right, unless a suitable provision for her support was made before the marriage by way of jointure.* SEC. 2. The persons entitled to said estate, within sixty days after the How s1t out. death of the husband, shall apply, or, in case of their neglect, the widow may apply, to the Court of Probate before which his estate is in settlement, to have dower assigned to her; and it shall appoint three disinterested persons, who, being duly sworn, shall set out such dower; and the doings of such persons, being returned to and accepted by said court, shall ascertain and establish such dower. SEC. 3. Every widow shall maintain and keep in repair the buildings, Tel6,2t i02.w fences, and lands set out to her for her dower; and on her neglect the per- er to kerp estate in repair. sons entitled to the land at her decease may complain to the Superior Court of the county, or to the Court of Probate of the district, in which the lands lie, which shall order such portion of the houses and lands to be delivered to the next heir or person owning the same, and for such term, as it may deem necessary to repair such defects out of the rents and profits, unless said widow will give good security that she will leave such buildings and fences in sufficient repair.t SEC. 4. When any testator shall devise or bequeath any estate to his Woid12us t widow, in lieu of dower, she shall, within two months after the expiration give notice of refusal to accept of the time limited for the exhibition of claims against such estate, give provision ill lieu of dower. notice in writing to the Court of Probate before which the will may be proved, that she declines to accept such legacy or devise, and if she fail to give such notice she shall be barred of her dower.t SEC. 5. Any settlement of property made in favor of a woman, in con- Is2l. W'hen settletemplation of marriage, to take effect after the death of her intended ment abar of dower. husband, and expressed to be in lieu of dower, shall be a bar to dower in his estate, unless the title to such property shall fail in whole or in part, and then she shall be entitled to dower in his estate, or in such part of it as shall make up the deficiency caused by such failure, not exceeding the value of such dower.l! * The widow is entitled to dower only in lands holden by her hnsbandl in his own rilght. 1 Poot, 50. The right of dower is paramount to that of either heirs or creditors. Id., 227; 2 Root, 50; 6 Conn., 458. Dower may be had in an equity of redemption. 1 Conn., 559. Widowr, immediately on the death of her husband, becomes tenant in common with his heirs. 5 Conn., 452. Before assignment of downer widow is tenant in common with heirs. 3S Conn., 256. There is no privity of estate between tenant in dower and reversioner. 9 Conn., 79. The widow of a foreigner, who has not lived in this State. is not entitled to dower. 2 Root, 468. How dower may be defeated. 5 Conn., 317. Widow, in having her dower set out, entitled to benefits of improvements by reversioner. 34 Conn., 493. 1' Who are bound to repair. Kirby, 19. * A legacy to testator's wife regarded in lien of dower where it appears from the will that such is his manifest intention. 23 Conn., 327. The same rule japplies to a devise of real estate. 26 Conn., 261. Cases on this subject are collated in 2 Johns. Ch. R., 448. U What amounts to an equitable jointure. 8 Coln., 79. 378 PRIVATE PROPERTY. [Title 18. PART II. Of Insolvent Persons. SECTION SECTION 1. Transfer with view to insolvency, when 19. Proceedings to cease on satisfaction of all void. claims. 2. Such transfers voidable within sixty days. 20. Trustee may release interest of railroad 3. Conveyances on a present consideration. corporation. 4. When assignment may be made by re- 21. Powers in regard tovessels on voyvaes. mainillg mernbers of corporation. 22. Trustees of corporations may collect nn5. When creditor may petition for appoint- paid capital. iment of trustee of property of debtor. 23. When may sell on credit. 6. If claim not due, how he may proceed. 24. May employ assignor to take charge of 7. When non-resident debtor may be pro- property. ceedlecld aainst. 25. Attachments, &c., when dissolved. 8. Other creditors may intervene in the pro- 26. Debtor may be enjoined from disposing of ceedings. his property, &c. 9. Fees and costs, ly whom paid. 27. Receipts, &c., for property of debtor to be 10. Petitioner to give bonds when debtor given up to trustee. claims a good defence. 28. Stock may be worked up by trustee. 11. Trustee not to act until approved by court. 29. Furniture of debtor to be set out to him. 12. Who may be appointed trustee. 30. When. entitled to benefits. 13. When trustee refuses to accept. 31. Form of affidavit of debtor. 14. Vacancy. when filled by court. 32. Privileges and allowances to debtor. 15. Trustee to give bond, &c. 33. Discharge not to release partner. 16. When debtor neglects to execute convey- 34. Order of payment of debts. ance, how title shall vest in trustee. 35. Suits by trustees. 17. Preferred claims for labor. 36. In what district proceedings to be had. 18. When court may cite creditors to show 37. Date of commencement. cause why proceedings should not cease. 38. Who meant by debtor, &c. 1853. 1855. SEC. 1. All transfers of property by any person in failing circumstanTransfer with view to insol- ces, with a view to insolvency, shall be void, unless made by a written assignvency, void In-. less in writinl ment for the benefit of all creditors in proportion to their respective claims, of all property of all preditors, embracing all the property of the assignor, except such as is exempt from &C:. execution, real estate situated out of this State, and, in the case of sole assignors, one hundred dollars in cash, and lodged for record in the office of the Court of Probate hereinafter designated: the judge or clerk of said court shall enter thereon the time when the same was so lodged, and the record shall bear the same date; and no assignment shall be invalid by reason of an attesting witness, or the authority taking the acknowledgment thereof, being interested as a creditor of the estate assigned.* 1855. SEC. 2. No transfer of property, otherwise valid, shall be made void by Such transfers anything contained in the preceding section, unless, within sixty days after may be avoided within sixty days. ~ * Effect of an assignment made in another State, on property situated in this State. 9 Conn., 487. Object of the statute of 1828. 10 Conn., 280. Assignment not void for want of particular description of property assigned. 17 Conn., 319. Act of 1828 was not rendered inoperative by bankrupt law of United States. Ibid. Right of action for injury to property assignable. 18 Conn., 522. Conveyance to specific creditors with appointment of agent to sell goods and pay creditors successively, void. 21 Conn., 419, 604. Assignment must be kept in the Court of Probate. 30 Conn., 97. Voluntary assignment good as a common law conveyance, and proceedings under it may be commenced and prosecuted notwithstanding bankrupt law of United States. 34 Coln., 548. Receiving and recording assignment are ministerial acts. 24 Conn., 180. When conveyance made with a view to insolvency, void. 31 Conn., 555. 37 Conn., 508; 39 Conn., 241. WThen not. 24 Conn., 290; 25 Conn., 301; 37 Conn., 550. In determining whether a conveyance was made with a view to insolvency, parties are not to be charged with knowledge which by fair and legal application of the ordinary rules of evidence they cannot be found to have possessed. 30 Conn., 559. Reservation of one hundred dollars in cash must be expressly made in the assignment. 28 Conn., 47. Copartners can make an assignment of their joint property severally, or of their joint and separate property together. 29 Conn., 439. A conveyance is not fraudulent at common law, because grantee knew that grantor was insolvent. 30 Conn., 15. Nor though conveyance was made to defraud creditors, if purchaser did not participate in the fraud. Ibid. A debtor delivers personal property out of the State and immediately thereafter goes into insolvency; delivery held good. 2S8 Conn., 33. Trustee takes the property assigned subject to the equities which affected the debtor. Id., 237; 33 Conn., 165. Chap. 11.] ESTATES OF DECEASED, AND INSOLVENT PERSONS. 379 such transfer, proceedings shall be instituted for the purpose of carrying the estate of the party, making such transfer, into settlement as an insolvent estate; but the time during which any transfer, which is the proper subject of record, shall remain unrecorded, and the time during which any mortgagor, or vendor of personal property, shall remain in possession thereof, after any transfer requiring delivery of possession, shall not be computed as a part of said sixty days. SEC. 3. All transfers of property, made in good faith in the regular Is53. course of business, or for the security of any debt incurred by the pur- a presn ltconchase of property, or for the security of any loan, indorsement, or guaran- sideration. tee, where such sale, lean, indorsement, or guarantee is made at the time when such security is taken, or for the payment of the whole or part of any debt due at the time of such transfer, or the payment of money on any such debt, shall be valid, unless such loan shall have been made, or indorsement or guarantee given, to aid such debtor, in view of insolvency, in giving a preference to a part of his creditors, or such transfer or payment shall have been made in view of insolvency, and for the purpose of preferring the party receiving the same, and with the knowledge on the part of such party that it was so made; and no transfer of property, withheld from record for the purpose of concealing its existence, nor in case of personal property, where, for a like reason, the vendor is permitted to remain in possession, shall be of any effect against creditors, although such transfer may be recorded, or possession of such personal property taken by the vendee, before any proceedings in insolvency are instituted, by or against the party making such transfer. SEC. 4. WThen the members of any corporation shall be reduced to a s855. less number than that required by statute or by its charter, its remaining Asniy be made members may, in its name, make an assignment of all its estate; and members of' it may be proceeded against by any of its creditors as if said members yhe.orporatioi, were not so reduced in number; and service of process therein made upon any remaining member of such corporation shall be sufficient. SEC. 5. WVhen a writ of attachment shall have been issued upon a 1853. claim, founded on contract, of one hundred dollars or more, upon which m1yWhen credit'or writ shall have been indorsed, the affidavit of the plaintiff or his attorney, trustee of propthat he believes such claim to be justly due, if the officer serving the same, erty of debtor. after making demand of all such debtors as are found within his precincts, cannot find sufficient property to satisfy said attachment, and shall have made a sworn return upon such writ to that effect, the plaintiff may petition the Court of Probate, hereinafter designated, for the appointment of a trustee to take possession of the property of such defendant for the benefit of his creditors; and such court shall cite such defendant to appear before it, at such time as it shall appoint within ten days, to answer said petition; but the hearing upon said petition shall be adjourned for such time as the court shall determine, if actual notice thereof shall not have been served upon such debtor, in which case the court shall order such further notice as shall be reasonable; and if such petition shall be found true, and said debtor shall fail to satisfy or secure said claim in such manner as said court shall deem sufficient, it shall appoint a trustee to take possession of, manage, and dispose of all his property, except property exempt from execution, within the jurisdiction of this State, and all such other property as he may voluntarily transfer to such trustee, and all the property of said debtor ' ).0 PRIVATE PROPERTY. [Title S. owned by him at the time of filing such petition, except as above excepted, shall vest in such trustee.&' Tf claim not SEC. 6. If any person shall hold a claim against another founded on diie, how he may proceed. contract, amounting to one hundred dollars or more, which is not due, and whlich will not become due in season for him to avail himself of the provisions of the preceding section, or shall hold a judgment of that amount, which is suspended by proceedings in error, and since the contracting of such debt, or during the pendency of the suit on which such judgment was rendered, such debtor shall have failed in his circumstances, such creditor may bring his petition to the Court of Probate hereinafter designated, setting forth the above mentioned facts, under oath, upon which petition the court shall cite such debtor to appear before it to show cause why a trustee should not be appointed; and, if the court shall find such petition true, and if such debtor shall not provide security for such claim to the satisfaction of the court, it shall appoint a trustee in the same manner and with the same powers and rights, as under the preceding section. nesent. SEC. 7. Any creditor residing in this State who may have a claim Non-resident debtor may be amounting to one hundred dollars or more, against a non-resident debtor lproceeded acgainst, when. owning property within this State, may bring his petition to the Court of Probate of the district within which such property or a part of it is found, showing to the satisfaction of said court that said claim is justly due, and is of the amount aforesaid; and said court shall thereupon appoint a trustee to take possession of said property, and order reasonable notice to be given to said debtor to appear before said court, at a time to be fixed by said court, and show cause why said property should not be proceeded against as insolvent estate; and if said debtor shall fail to appear at the time so ordered, said court shall adjourn said petition for a reasonable time, and order further notice to be given to said debtor, unless satisfied that actual notice has been given to him; and if said debtor shall fail to appear before said court, or to pay said debt or secure the same to its satisfaction, if it shall find the same to be due, said court shall order said trustee to settle said estate as an insolvent estate; and he shall, immediately on his appointment, lodge with the town clerk of the town within which any real estate of said debtor may be situated, and with the secretaries or cashiers of all corporations in which such debtor may own stock within this State, a certificate of his appointment as said trustee, and of his claim to said property; and if said debtor shall pay or secure said debt to the satisfaction of said court, at the time fixed by it as aforesaid, or if it shall find that said debt is not justly due, then all probate fees and all expenses of said trustee shall be paid by said creditor; but if said debtor shall fail to pay or secure said debt as aforesaid, then the costs and expenses shall be paid out of said estate, with other expenses of settling the same. Other creditor SEC. 8. WThen any creditor shall have applied to the Court of Probate may intervene in the proceed- for the appointment of a trustee upon the estate of any debtor, ally other ings. creditor, whose claim amounts to one hundred dollars or more, may, while *Private corporations are liable to compulsory proceedings. 26 Conn., 544. Other attaching creditors are interested, and have a right to be heard on the petition. 24 Conn., 140. Proceedings to procure appointment of a trustee cannot be defeated by a subsequent voluntary assignment. Id., 176 Court of Probate may receive and record a voluntary assignment during the pendency of petition. Id., 1S0. Title of trustee relates back to the time of the institution of insolvent proceedings. 31 Conn., 501. Chap. 11.1 ESTATES OF DECEASED, AND INSOLVENT PERSONS. 379 such transfer, proceedings shall be instituted for the purpose of carrying the estate of the party, making such transfer, into settlement as an insolvent estate; but the time during which any transfer, which is the proper subject of record, shall remain unrecorded, and the time during which any mortgagor, or vendor of personal property, shall remain in possession thereof, after any transfer requiring delivery of possession, shall not be computed as a part of said sixty days. SEC. 3. All transfers of property, made in good faith in the regular ls53. course of business, or for the security of any debt incurred by the pur-,na present con chase of property, or for the security of any loan, indorsement, or guaran- sideration. tee, where such sale, loan, indorsement, or guarantee is made at the time when such security is taken, or for the payment of the whole or part of any debt due at the time of such transfer, or the payment of money on any such debt, shall be valid, unless such loan shall have been made, or indorsement or guarantee given, to aid such debtor, in view of insolvency, in giving a preference to a part of his creditors, or such transfer or payment shall have been made in view of insolvency, and for the purpose of preferring the party receiving the same, and with the knowledge on the part of such party that it was so made; and no transfer of property, withheld from record for the purpose of concealing its existence, nor in case of personal property, where, for a like reason, the vendor is permitted to remain in possession, shall be of any effect against creditors, although such transfer may be recorded, or possession of such personal property taken by the vendee, before any proceedings in insolvency are instituted, by or against the party making such transfer. SEC. 4. -Then the members of any corporation shall be reduced to a 1855. Assignment less number than that required by statute or by its charter, its remaining mFay'b made members may, in its name, make an assignment of all its estate; and members of' it may be proceeded against by any of its creditors as if said members any corporation, were not so reduced in number; and service of process therein made upon any remaining member of such corporation shall be sufficient. SEC. 5. WVhen a writ of attachment shall have been issued upon a 185d. claim, founded on contract, of one hundred dollars or more, upon which When eCtritior writ shall have been indorsed, the affidavit of the plaintiff or his attorney, trPint'nfct ofp that he believes such claim to be justly due, if the officer serving the same, erty of debtor. after making demand of all such debtors as are found within his precincts, cannot find sufficient property to satisfy said attachment, and shall have made a sworn return upon such writ to that effect, the plaintiff may petition the Court of Probate, hereinafter designated, for the appointment of a trustee to take possession of the property of such defendant for the benefit of his creditors; and such court shall cite such defendant to appear before it, at such time as it shall appoint within ten days, to answer said petition; but the hearing upon said petition shall be adjourned for such time as the court shall determine, if actual notice thereof shall not have been served upon such debtor, in which case the court shall order such further notice as shall be reasonable; and if such petition shall be found true, and said debtor shall fail to satisfy or secure said claim in such manner as said court shall deem sufficient, it shall appoint a trustee to take possession of, manage, and dispose of all his property, except property exempt from execution, within the jurisdiction of this State, and all such other property as he may voluntarily transfer to such trustee, and all the property of said debtor 3 3.0 P22IVATE PROPEIRTY. [Title 13. owned by him at the time of filing such petition, except as above excepted, shall vest in such trustee.* Tf claim not SEC. G. If any person shall hold a claim against another founded on due, how he may proceed. contract, amounting to one hundred dollars or more, which is not due, and which will not become due in season for him to avail himself of the provisions of the preceding section, or shall hold a judgment of that amount, which is suspended by proceedings in error, and since the contracting of such debt, or during the pendency of the suit on which such judgment was rendered, such debtor shall have failed in his circumstances, such creditor may bring his petition to the Court of Probate hereinafter designated, setting forth the above mentioned facts, under oath, upon which petition the court shall cite such debtor to appear before it to show cause why a trustee should not be appointed; and, if the court shall find such petition true, and if such debtor shall not provide security for such claim to the satisfaction of the court, it shall appoint a trustee in the same manner and with the same powers and rights, as under the preceding section. 1555. SEC. 7. Any creditor residing in this State who may have a claim Non-resident d(ebtor may be amounting to one hundred dollars or more, against a non-resident debtor aproceeded:against, when. owning property within this State, may bring his petition to the Court of Probate of the district within which such property or a part of it is found, showing to the satisfaction of said court that said claim is justly due, and is of the amount aforesaid; and said court shall thereupon appoint a trustee to take possession of said property, and order reasonable notice to be given to said debtor to appear before said court, at a time to be fixed by said court, and show cause why said property should not be proceeded against as insolvent estate; and if said debtor shall fail to appear at the time so ordered, said court shall adjourn said petition for a reasonable time, and order further notice to be given to said debtor, unless satisfied that actual notice has been given to him; and if said debtor shall fail to appear before said court, or to pay said debt or secure the same to its satisfaction, if it shall find the same to be due, said court shall order said trustee to settle said estate as an insolvent estate; and he shall, immediately on his appointment, lodge with the town clerk of the town within which any real estate of said debtor may be situated, and with the secretaries or cashiers of all corporations in which such debtor may own stock within this State, a certificate of his appointment as said trustee, and of his claim to said property; and if said debtor shall pay or secure said debt to the satisfaction of said court, at the time fixed by it as aforesaid, or if it shall find that said debt is not justly due, then all probate fees and all expenses of said trustee shall be paid by said creditor; but if said debtor shall fail to pay or secure said debt as aforesaid, then the costs and expenses shall be paid out of said estate, with other expenses of settling the same. Other creditor SEC. 8. ~When any creditor shall have applied to the Court of Probate iuay intervene in the proceed- for the appointment of a trustee upon the estate of any debtor, any other ings - creditor, whose claim amounts to one hundred dollars or more, may, while * Private corporations are liable to compulsory proceedings. 26 Conn., 544. Other attaching creditors are interested, and have a right to be heard on the petition. 24 Conn., 140. Proceedings to procure appointment of a trustee cannot be defeated by a subsequent voluntary assignment. Id., 176 Court of Probate may receive and record a voluntary assignment during the pendency of petition. Id., 1S0. Title of trustee relates back to the time of the institution of insolvent proceedings. 31 Conn., 501. Chap. 11.] ESTATES OF DECEASED, AND INSOLVENT PERSONS. 383 SEC. 20. The trustee of any railroad corporation, whose estate is in set- 858.re tlement as an insolvent estate, may, if the assets of such estate shall not lease interest of a railroad corotherwise be sufficient to pay the claims allowed by the commissioners, and poration, when. the expenses of settling the estate, release, subject to any prior existing lien or title, to any proprietors of land any right of way or other incumbrance which said corporation may have in or upon the same, upon such terms as shall be approved by the Court of Probate. SEC. 21. When a part of the estate of an insolvent debtor shall consist Powers of trustee with regard of interests in a vessel, which, at the time of the institution of proceedings to vessels on voyages. in insolvency, is on a voyage, the trustee may dispose of the same or prosecute such voyage to completion, and incur and assume such liabilities as may in his judgment be best for the estate; and he may dispose of the interest of such debtor in any such vessel during the voyage, and shall be subject to any orders which such court shall make in the premises. SEC. 22. Trustees in insolvency of the estate of corporations shall have 18s5. Trustees of corthe same power to call for and collect unpaid capital, as its directors would poration may collect unpaid have had, and may proceed in the same manner, to such an amount as the capital. Court of Probate may direct. SEC. 23. When the Court of Probate shall order the sale of any prop- Trustees may sell on credit, erty belonging to an insolvent debtor's estate, the trustee of said estate when. may apply in writing to said court, for liberty to sell the same, or any part thereof, on credit, which shall thereupon appoint a time for the hearing of said application, and shall order reasonable notice thereof to be given, and upon such hearing it may authorize such sale to be made, on the payment of at least one-quarter of the price in cash and the remainder secured in such manner as said court may approve. SEC. 24. The trustee of the estate of any insolvent debtor, after the 1837. May employ asreturn of the inventory and appraisal, may, with the consent of said signor to take charge of the court, employ the debtor to dispose of said estate under his direction; and propertyassignthe trustee shall be responsible for the fidelity of the debtor in such agency, and shall forthwith advertise the fact of such employment, for at least three successive weeks in some newspaper published in or nearest to the place where such estate is in settlement.* SEC. 25. The commencement of proceedings in insolvency shall dissolve 1853. 1873. Attachment and all attachments and all levies of executions not completed, made within execution when dissolved. sixty days next preceding, on the property of the insolvent debtor; but if the property is subsequently taken from the trustee, so that it cannot be used for the benefit of the creditors of the estate, said attachments and levies of execution shall revive, and the time from the commencement of proceedings in insolvency to the time when the trustee shall be dispossessed of the property, shall be excluded from the computation in determining the continuance of the lien created by such attachment; but the attaching and levying creditors shall be allowed the amount of their legal costs, accruing before the time of the appointment of a trustee, which shall be paid before any other claims, and in the order of such attachments and levies, if their respective claims shall, in whole, or in part, be allowed by the commissioners. t * Delivery of goods to assignor as agent, without consent of Court of Probate, and before return of inventory, makes assignment void as against creditors. 21 Conn., 206. t Applies only to proceedings pending at the time of assignment, and not to such as are completed. 28 Conn., 248. 384 PRIVATE PROPERTY. [Title 18. 1860. SEC. 26. When any attaching creditor shall apprehend, that within Debtor may be enjoined from sixty days thereafter the debtor will make an assignment in insolvency, disposing of his property, oc. and in the meantime dispose of any portion of his assets so that the same will not be found by the trustee in insolvency, such attaching creditor may apply to any judge of the Superior Court, for an order in the premises; who on such notice to such debtor as may be considered reasonable, and on hearing the facts, may enjoin him from disposing of his property, require from him a bond, with surety, that such property shall not be so disposed of, appoint a receiver of his estate, or make any other order, which shall continue in force until the expiration of sixty days from the time of such attachment, if there shall not be commenced, within such period, proceedings in insolvency. Receipts,,ce., SEC. 27. Receipts and bonds substituted for attachments and executions for property when to be giv- on the property of a debtor, and property belonging to him, attached, or en up to trustee. levied upon by execution, within sixty days before proceedings in insolvency are commenced against him, shall be delivered to the trustee of his estate in insolvency, who shall have the same rights to recover such property in the name of the officer attaching the same as such officer might have. 1856. SEC. 28. Trustees in insolvency may be authorized by the Court of ProStock and materials may be bate, before which the estate is in settlement, to work up and complete any worked up by trustee. stock and materials in an unfinished state, which belong to such estate, if it shall find that it will be for the interest of the creditors. 1853. SEC. 29. The Court of Probate shall set out to any insolvent debtor Household furniture of debtor SO much of his necessary household furniture, as does not exceed in value to be set to him. three hundred dollars; and the remainder shall be left in his possession, until the court shall make a special order for the sale of the same, which shall not be made, if such debtor so request, until after an order has been made for the sale of all other property of such estate; and he may redeem such furniture, at any time before such sale, on payment of three-fourths of its appraised value; but the amount thus paid shall not be, in the whole, more than two hundred dollars below the appraisal; and if he shall make, or attempt to make, any disposition of such furniture, inconsistent with the right of said trustee to the same, or to remove it out of the State, such trustee shall take possession of it, and proceed therewith, as with the other property of such debtor. When debtor SEC. 30. If any insolvent debtor shall, within thirty days after the shall be entitled to benefits. appointment of a trustee, or if a longer time is necessary, within such time as the Court of Probate shall fix, deliver to it, verified by his oath, a list of his creditors, with their places of residence, and the amounts severally due them as far as the same are known, and also a schedule of all his property at the time of commencement of proceedings in insolvency, except such as is exempt, including real and personal estate out of the State; and shall, within said time make such conveyances of all his property in and without this State to said trustee as shall be necessary to pass the title thereto; and if on a hearing, after notice given in the same manner as in notice of limitation of claims, at least two weeks before the day of such hearing, at which any creditor may be present and examine such debtor on oath, said court shall find that he has in good faith delivered up all his property to such trustee, except such as is exempt by this Part, and has. made no conveyance or transfer, in view of insolvency, for the purpose of giving preference, and has not, by collusion, aided any creditor in obtaining Chap. 11.] ESTATES OF DECEASED, AND INSOLVENT PERSONS. 385 a preference, and shall sign and file in the Court of Probate the affidavit hereinafter provided, he shall be entitled to the benefits and privileges provided in the thirty-second section of this Part.* SEc. 31. Such affidavit shall be in substance as follows: Form ofaffidaI do solemnly swear (or affirm) that I have made, in the schedule vit of debtor. filed by me in this court, in the case of my insolvent estate, a complete disclosure of all my property at the time of the commencement of proceedings in insolvency, except such as is exempt by law, and that I have delivered up to the trustee on my estate all such property, and have, in the best manner in which I was able, made all necessary conveyances and transfers of my property for the equal benefit of my creditors, and have made no conveyance or transfer of any property, in view of insolvency, for the purpose of giving any preference; and have not by collusion aided any creditor in obtaining a preference, and I have, in no manner whatsoever, withheld, concealed, or in any way disposed of, any property to which the trustee of my said estate was entitled. A. B. SEC. 32. If such debtor shall comply with the conditions contained in Privileges to the two preceding sections, he shall be entitled to the following privileges which debtor and benefits: 1. He shall be allowed out of said estate, for the necessary support of Allowancefor support of himself and family, such sum, not exceeding three dollars a week, for each family. member of his family, and not exceeding fifteen dollars a week in the whole, and for such time, not exceeding six months, as the Court of Probate shall order. 2. If such estate shall, upon final settlement, pay fifty per cent., or more Allowance to debtor. upon the claims allowed, said court shall, if said debtor so request, order debtor said trustee to pay to him twenty-five per cent. of the residue of such estate, provided said payment shall not exceed one thousand dollars; and the same shall.be exempt from attachment in the hands of said trustee. 3. If upon final settlement such estate shall pay seventyper cent. or more Absolute dison the claims allowed, such debtor shall receive a certificate from the charge. judge of Probate, which shall discharge him from all claims which have been proved against his estate; and his property shall be exempt for two years from all legal process founded on any claim that might have been proved against his estate from the date of such discharge; but no claim ac- claim frauducruing from breach of contract shall be, in any manner, affected by this ledntlytctet Part, where such debtor has been guilty of any fraud or breach of trust in the transaction. In determining whether such estate shall have paid fifty per cent. on the claims against it, the Court of Probate may consider any payments made on such claims from the proceeds of his property from any source; but the settlement of such estate shall not be delayed on account of unsettled estate in any other State; but upon the application of such debtor Estate out of for such certificate, if the court finds that he has estate in settlement in State. another State, the net proceeds of which, with the amount of the estate in this State, will amount to seventy-five per cent. on such claims, it shall grant such certificate. Such certificate shall be in substance as follows: I, A. B., judge of the Court of Probate of the district of hereby certify: That C. D., of, in said district of, whose * What schedule must contain. 28 Conn., 47. 386 PRIVATE PROPERTY. [Title 18. estate has been settled in this court, in insolvency, by virtue of the insolvent laws of Connecticut, is wholly discharged from all the claims which have been proved against his estate, except such as may have accrued against him by reason of any breach of trust, or fraud, of him the said C. D., and that the property of the said C. D. is, for the space of two years from this date, exempt from all legal process, founded on any claim by contract, that might have been proved against said estate, except such as may have accrued by reason of his breach of trust, or fraud. Given under my hand, and the seal of said court, this day of A. D. 18. Discharge not to SEC. 33. No such discharge shall release any person, who may be liable as release plartner. a partner, joint contractor, drawer, indorser, surety, guarantor, or otherwise Nor to avail if for or with such debtor, and any such discharge obtained by fraud shall be obtained by fraud. void. Order of paey- SEC. 34. The Court of Probate shall direct the payment of claims against ment of debts. the estate of an insolvent debtor, to be made in the following order: first, the expenses of executing the trust, and settling the estate; secondly, all lawful taxes, and all debts due to the State and to the United States; thirdly, such claims as are allowed by the commissioners, to be paid in full; and lastly, all other claims allowed, in proportion to their respective amounts. t Suits by SEC. 35. Trustees in insolvency may sue, in their own names as such upon trustees. any claim belonging to an insolvent debtor's estate, whether standing in the name of such debtor or not; and may, under the direction of the Court of Probate, submit to arbitration, or compound any doubtful or disputed claim in favor of said estate.l.In what district SEC. 36. All proceedings for the settlement of the estate of an insolvent proceedings to be had, debtor shall be had in the Probate Court of the district in which such debtor, or one of such debtors, resides, except that in the case of copartner. ships and corporations, all such proceedings shall be had in the Probate Court of the district, within which such copartnership, or corporation, had its office, or principal place of business. Date of com- SEC. 37. The date of the commencement of proceedings in insolvency mencement of proceedings in shall be deemed to be that of the lodgment of the assignment for record, or insolvency. of filing the petition for the appointment of a trustee. Who are n anbt t SEC. 38. The provisions of this Chapter with regard to any debtor, creditor, or trustee shall extend to the case of any joint debtors, creditors, or trustees; and any number of creditors may unite in any application to the Court of Probate, or in any appeal under this Chapter. * various points as to discharge. 25 Conn., ti00: 3S Conn., 137; 35 Conn., 284; 36 Conn., 1012. ~ Court of Probate may make equitable preferences between different classes of creditors. Conn., 241. t Purchaser of chose in action may bring suit in the name of the trustee. 30 Conn., 94. Act of lSS3 transfers to the trustee a legal title to all choses in action of the insolvent, owned by him adt time of insolvency. 26 Conn., 444. II Where principal place of business of a partnership is in one district, and the residence of a partner in another, estate of the latter should be settled in the district of his residence, and the former where its principal place ofbusiness is situated. 29 Conn., 439.. Chap. 11 ESTATES OF DECEASED, AND INSOLVENT PERSONS. 387 PART III. General Provisions. SECTION SECTION. 1 Inventory. 24, Allowance for family. 2. Penalty for not returning inventory. 25. Resignation, death, or removal of execu3. Estate out of State, how appraised. tors, administrators, or trustees. 4. Notice to present claims. 26. Executors and administrators, how re5. Creditors neglecting to present, debarred. moved. 6. When suit must be brought, if executor re- 27. Further security may be required. fuses to pay. 28. Executors and administrators, when to 7. Appointment of commissioners on insolv- have control of real estate. ent estates. 29. When court may order sale of estate. 8. Limitation of time for presenting claims. 30. Proceedings, when property of estate is con9. What claims may be allowed. cealed. 10. Claims not presented, when debarred. 31. Expenses, how paid. 11. Report of commissioners. 32. Executors, administrators, and trustees 12. Claim not discharged, when merged in may be called to account. higher evidence of debt. 33. Notice of exhibition of account. 13. When creditor has security on property of 34. To make oath to their account, &c. insolvent estate. 35. Court may order officer to take posses14. Review of doings of commissioners. sion of estate of insolvent debtor before 15. Appeal from commissioners. appointment of trustee. 16. Notice to creditor of disallowance of 36. Sale of real estate. claim. 37. Court may order sale of real estate instead 17. When court may appoint auditors. of personal. 18, If one commissioner is prevented from 38. When real estate cannot be beneficially acting, the others can act. divided, the whole may be sold. 19. When commissioners cannot agree. 39. When equity of redemption may be sold'20. Court may remove any commissioners. free of dower. 21. When relationship does not disqualify 40. Appointment of one not executor, &c., to commissioners. sell estate. 22. Doings of disqualified commissioners, 41. Appeals, when to be taken. valid, when. 42. Notices, how given. 23. What personal estate shall be set to widow. SEC. 1. An inventory and appraisal of the estate of every deceased per- 1650. 1672. son and every insolvent debtor, and an inventory of all their choses in 17024 1726. 1724. action respectively, and in case of an insolvent debtor, of his furniture used 150. 1821. 1828. 1821. lby him in house keeping, shall be made in duplicate by the executor, ad- 1853. ministator or trustee, assisted, as to such appraisal, by two or more disin- tate of deceased person, and interested persons, under oath, appointed by the court, one of which shall be solvent debtor. sworn to by such executor, administrator or trustee, and deposited with the court, and the other shall remain with him; and if any person shall be aggrieved by such appraisal he may apply to the court, within two months after the same shall have been presented, and it shall thereupon appoint three disinterested persons, who shall make a new appraisal, under oath,* SEC. 2. If any executor, administrator, or trustee, shall not within two 1724. 1726. 1874. months after the acceptance of his bond return such inventory to the court, Penalty for not returning invenhe shall forfeit, to him who shall sue therefor, twenty dollars for each tory. ~ Before 1702 it was the duty of the selectmen of the town in which any person had died, to cause an inventory of his estate to be taken and exhibited to the County Court. What should be inventoried. 2 Conn.. 533' 3 Conn., 2S9; 8 Conn., 106; 9 Conn., 470; 11 Conn., 283. It seems that even before it has been determined that personal estate, fraudulently conveyed by intestate, will be needed for payment of debts, administrator has a right to the custody of such estate. 11 Conn., 283. Debt by a judgment rendered in another State should not be inventoried. 19 Conn., 238. Omission of executors to make an inventory is evidence of assets for the payment of legacies, if any property came to their hands. 7 Conn., 132. Court ought not to reject inventory of property the title to which is disputed. Kirby, 100. When suit may be commenced against an administrator on his bond, for not exhibiting an inventory. 3 Conn., 2S9. Court of Probate has powerl to correct errors in inventories, and to receive additional inventories. 9 Conn., 182. When prol)erty coines to knowledge of administrator after inventory is returned, he should return additional inventory. 32 Conn., 558. 388 PRIVATE PROPERTY. [Title 18. month until he shall return such inventory, unless, before suit brought, he make an excuse for such delay accepted by the court. 1853. SEC. 3. When any personal estate of a deceased person, or insolvent Estate without this State, how debtor, shall be without this State, the Court of Probate, for the district appraised. within which such estate is pending for settlement, may receive an inventory thereof, accompanied by such evidence of its value as it shall deem sufficient, and sworn to by the executor, administrator, or trustee. 1782. SEC. 4. Courts of Probate may direct executors and administrators, to Notice to bring in claims. cite the creditors of the deceased to bring in their claims against his estate, within such time as they shall appoint, not exceeding eighteen months, nor less than six months, by posting up notice to that effect, upon the sign-post nearest to the place where the deceased last dwelt, and within the same town, and also by publishing the same in some newspaper, published in, or nearest, to the Probate district where the estate is in settlement.* Creditors neg- SEC. 5. If any creditor shall neglect to exhibit his claim, within such lecting to exhibit claims time as shall be limited, after such notice, he shall be forever debarred of his within the time, debarred, &c. demand against such estate; but any creditors, not inhabitants of this State, may exhibit their claims against any estate, which has not been represented insolvent, at anytime within two years after publication of such notice, and shall be entitled to payment only out of the clear estate remaining after the payment of the claims exhibited in the time limited; and when a right of action shall accrue after the death of the deceased, it shall be exhibited within twelve months after such right of action shall accrue, and shall be paid out of the estate remaining after the payment of the debts exhibited in the time limited.t 1821. 1874. SEC. 6. When the creditor of an estate, not represented insolvent, shall When suit must I)e I)rought, if present his claim to the executor or administrator, within the time limited executor refuses to pay. by the Court of Probate, or by any of the provisions of the preceding section, and he shall disallow and refuse to pay it, if such creditor shall not, within four months after he has been notified by him that his claim is disallowed, commence a suit against him for the recovery thereof, he shall be debarred of his claim against such estate; but if such creditor die within the said four months, and before suit brought as aforesaid, a further period of four months shall be allowed in favor of his executor or administrator. t 1716. 107. SEC. 7. The Court of Probate shall direct the executor, administrator 1821. 1853. 1865. 1874. or trustee of an insolvent estate to cite, by advertising in a newspaper pubA ppointmnent of commissioners on insolvent * shen a claim has been exhibited by executor to Court of Probate, on his lists of debts due fioln estates. estate, and has been found by such court to be so due, said finding will not establish such claim, but executor may contest it, even after sale of real estate predicated in part upon said claim, and receipt, by executor, of avails of sale. 13 Conn., 499. Appointment by testator, of his debtor, as executor, does not extinguish debt. 6 Conn., 121. Where executor of deceased partner continues to carry on the partnership business with surviving partners, he becomes a co-partner, liable, as such, in his persona!, and not in his representative, capacity. 8 Conn., 584. t Of the exhibition of claims and consequences of neglect. Kirby, 314, 423; 10 Conn., 62. Exemption in favor of persons out of the State. 1 Root, 464. Exemption in favor of a creditor of a partnership, of which the deceased was a member, on a claim accruing in consequence of the insolvency of the surviving partner. 4 Day, 476. What claims may be recovered after the expiration of tlhe time limited. Kirby, 36; 6 Conn., 258. Time of limitation to be computed from the mnaking of the order, and not from its plublication. 11 Conn., 292. In determining last day of time limited, day of date of order of limitation is not computed. 19 Conn., 376. What presentation of claim sufficient. 19 Conn., 577. Claim against a sheriff for default of his deputy is a proper claim against his estate. 33 Conn., 115. t The suit must be one in which the validity of the claim can be tried. 6 Conn., 28. An administrator, having disallowed a claim, and given notice, may revoke the notice, and thus prevent the statute from runninfr. 12 Conn., 160. One of two administrators may waive a disallowance and revoke the notice. Ibid. Administrator may submit to arbitration a claim of the intestate. 2 Conn., 691. Chap. 11.] ESTATES OF DECEASED, AND INSOLVENT PERSONS. 389 lished in the county, all persons interested to. appear, at the time and. place appointed by said court and designated in said notice, to be heard relative to the appointment of commissioners to receive and decide upon the claims of the creditors of such estate; and after such hearing said court shall appoint two or more disinterested persons to be such commissioners, who shall be duly sworn, and shall cause the times and places of their meetings to be published one week in two daily newspapers, or four times in two weekly papers published in the place or nearest to the place where said estate is in settlement; and a copy of such notice shall also be sent to every known creditor residing without the Probate district, within ten days after such appointment.* SEC. 8. The Court of Probate shall allow not less than six nor more 1716. 1853. 1864. 1874. than eighteen months for exhibiting claims to the commissioners of the in- Limitation of time for presolvent estate of a deceased person, and not less than three, nor more than senting claims. six months, for exhibiting claims to the commissioners on the estate of an insolvent debtor; and may, either before or after the return of the report, for sufficient cause, order the hearing before the commissioners on the estate of an insolvent debtor to be opened, and limit a further time, not exceeding six months, for the presentation of claims to said commissioners; notice of which limitation and of the times and places of the meetings of the commissioners shall be given in the same manner as is provided in the preceding section.t SEC. 9. Any claim against an insolvent estate, whether founded in con- 1828. 1853. 18c74. tract or tort, may be proved before said commissioners and allowed by them. What cchlai ".11may be allowed. SEC. 10. Every creditor of an insolvent estate, who shall not exhibit his 1716. 1821. Claims not 1)reclaim to the commissioners within the time limited, shall be debarred of his sented, wlhel debarred. claim against said estate, unless he can show some estate not in the inventory, in which case he shall notify the executor, administrator or trustee, who shall make an additional inventory of such discovered estate, and the Court of Probate shall examine his claim and allow what shall appear to be due him, and, after deducting the additional charges, shall order so much of the avails of said discovered estate to be paid him as will make him equal to the other creditors, if it be sufficient; if not, the whole shall be paid to him; but if more than sufficient, the surplus shall be divided rateably among all the creditors.: SEC. 11. The commissioners, as soon after the expiration of the time 1716. 18(07. 1853. limited as it can reasonably be done, shall report to the court a list of all Report ofo (:olmissioners. *What relationship is a disqualification. 9 Conn., 502; 12 Conn., 139; 13 Conn., 221. Powers and duties'of commissioners. 37 Conn., 369. "Known creditor" means creditors known to the executor or administrator and not merely known to the commissioners. 39 Conn., 395. " Creditors" embraces all persons claiming to be such. Ibid. 1 The court may lengthen the time for commissioners to perform their duties, provided that it does not exceed eighteen months. 1 Root, 177; 16 Conn., 303; 34 Conn., 204. MIay reject their entire report. 11 Conn., 420. Whether Court of Probate can open commission after report is returned. 30 Conn., 74. Creditors neglecting to exhibit their claims, debarred. 5 Day, 275. Court cannot expunge from report part of the claims allowed. 2 Conn., 350. Claims sustainable, either at law or in equity, should be allowed by commissioners. 16 Conn., 192. Claim against partnership will be allowed against estate of deceased partner, though surviving partner solvent. 21 Conn., 41. In presentation of claim, no declaration or other pleadings necessary, but where the claim is upon a written instrument, the delivery.of it to the commissioners, with verbal claim for its allowance, is sufficient. 18 Conn., 124; 27 Conn., 344. Not necessary to re-appoint commissioners when hearing is opened even though their report has been accepted. 39 Conn., 395. Court of Probate has discretionary powers in matter of extending time within the extreme limits provided,but it must be for good cause. Ibid. When claim is presented to commissioners, counter claim in favor of estate should be applied onil it. 37 Conn., 15. $ See 1 Conn., 13. Discussion, obiter, of the term "not before discovered." 2 Day, 305. 390 PRIVATE PROPERTY. L[1ltI 1 6. the claims exhibited to them, specifying particularly those allowed, and those disallowed.* 1855. SEC. 12. No claim against an insolvent estate shall be deemed to be Claim not dischar ged, when discharged by having become merged in any higher evidence of debt after mer,4ed in higher evidence of the commencement of the settlement of such estate. deht. 18. s186. SEc. 13. If any creditor, having any security for his claim against any is(;4. 1s70. hen; creditor insolvent estate upon any property of such estate, shall present his claim to has tecurity the commissioners on such estate, they shall inquire into the cash value of upon property of insteolvent such security, and report thesame to the Court of Probate; and if they allow such claim, the executor, administrator, or trustee, shall, within five days after the return of the commissioners' report, notify such creditor personally, if he resides within such district, otherwise by mail, of the amount allowed, and such value as reported by said commissioners; and unless such creditor shall, within fifteen days after the return of said report, lodge with said court a certificate of his election to relinquish such security, he shall be entitled to a dividend from such estate only upon the excess of his claim above the value of such security.t 18s07. 18s1. SEC. 14. When any person shall be aggrieved by the doings of the 1838. 1874. Reviewv of commissioners, in allowing or rejecting a claim against an insolvent estate, doimgs of comiissioners. and the matter in demand shall be not less than fifty dollars in value, and not more than one hundred dollars, such aggrieved person may, within twenty-one days after the report of the commissioners is accepted, file his motion praying for a review of such claim; and thereupon the judge of Probate, with -a County Commissioner and a justice of the peace in the county, shall hear the parties, and establish, reject, or correct such report, so far as it regards such claim; and the Court of Probate, in the settlement of such estate, shall conform to such decision, from which there shall be no appeal; but such aggrieved person shall, at the time of filing his motion, give security, to the satisfaction of the judge, that he will pay to such judge, County Commissioner, and justice of the peace, for their services, at the rate of three dollars a day each, and ten cents a mile for travel, if he shall not obtain a more favorable decision than that made by the commissioners; otherwise, said fees shall be paid by the executor, administrator, or trustee out of the estate. 1838. 1874. SEC. 15. When any person shall be aggrieved by the doings of the Appeal from commissioners. commissioners, and the matter in demand shall exceed one hundred dollars, he may, within twenty-one days after the report of the commissioners is accepted, appeal to the next Superior Court to be holden in the county in which the Probate district, or any part thereof, is, in which the estate in settlement is situated, on giving a bond to the State, with surety, satisfactory to the Court of Probate, to prosecute the appeal to effect, and answer all damages if he make not his plea good.: * Powers and duties of commissioners. 2 Conn., 350; 6 Conn., 14; 10 Conn., 232. Commissioners act both as courts of law and equity. 26 Conn., 368. After report of commissioners, interest not allowed on claims reported. 21 Conn., 41. Court of Probate may go behind report of commissioners. 37 Conn., 185. t Before the enactment of a portion of this section in 1862, the provisions of the 19th section of the Act of 1853 for the settlement of the estates of insolvent debtors did not apply to real estate situated out of this State. 31 Conn., 6:3. $ By appeal, the report of the commissioners is superseded; and the whole claim exhibited to commissioners, but without additions, is open for exadrination by Superior Court. 15 Conn., 587. Appeal should be from the doings of the commissioners and not from decree accepting report. 33 Conn., 214; 36 Conn., 212. Chap. 11.1 ESTATES OF DECEASED, AND INSOLVENT PERSONS. 391 SEC. 16. If any claims shall be disallowed, either in whole or in part, oti t Notice to be by the commissioners on any insolvent estate, the executor, administrator, given to creditor of disallowor trustee thereof shall cause notice to be given to the claimant, in such ance of claims. manner as the court shall direct, within six days after the report of said commissioners is returned. SEc. 17. If the claim, on which any such appeal shall be taken to the I t1ec84{4; be Superior Court, be such that an action of book debt might be instituted to of the nature of book debt, recover it, said court, may appoint not more than three disinterested men court may appoint auditto try the appeal, who shall proceed as auditors in actions of account. ors. SEC. 18. When any of such commissioners shall be prevented from 1831. If any conimiscompleting his duties, the remaining commissioner or commissioners shall sioner is prevented from actbe competent to perform all the duties of the commission. ing, the others may act. SEC. 19. If there are two commissioners, and they cannot agree upon Y1864. When commisthe allowance or rejection of any particular claim, the Court of Probate sioners cannot shall appoint a third commissioner to act with them; and the report, signed agree. by a majority of the commissioners and returned, shall be a sufficient report. SEC. 20. The Court of Probate may remove any commissioner for 1828. 1548. Court may cause and appoint another in his place, after notice as required in an remove comoriginal appointment, who, being sworn, shall, with the remaining commis- missioner, &c. sioners, after such notice as the court shall prescribe, examine and allow suth claims only as shall have been exhibited within the time originally limited. SEC. 21. No commissioner shall be disqualified by reason of any rela- 1841. When relationtionship by blood or marriage, or by the relation of landlord and tenant, ship does not between him and any person interested in the estate, if no objection be missionrcl. made on that account, at the time of his appointment, by some person claiming to be interested; but the Court of Probate shall remove any commissioner, so related to any person interested in the estate, as would legally disqualify him, if any person claiming to be interested in the estate so request at any time before the expiration of the time limited for the exhibition of claims; or, if he do not discover such relationship until after such time, then upon such request at any time before the acceptance of the commissioners' report. SEC. 22. The doings of commissioners, any of whom are disqualified, 1s41.'Doinurs of comnshall be valid, unless set aside for such cause by the Court of Probate missiouers dis(lnalificd, valid before the acceptance of their report, or on an appeal. whllen. SEC. 23. When the personal estate of the deceased, exclusive of house- 85ss. 18iss. W hat pe rs()l a hold goods exempt from execution, shall not be sufficient for the payment estate lhalll Io et to the of his debts, the court which granted administration on the estate shall set widow. out to the widow such household goods, and may set out to her any property of the deceased so exempt. SEC. 24. Courts of Probate may allow, out of any estate of a deceased ll1825. Allowance for person in settlement before such courts, such amount as they may judge family. necessary for the support of the widow or family of the deceased during the settlement of the estate.* SEC. 25.'When an executor, administrator, or trustee, appointed by a 1832. 1841. Resignation, testator, or by the Court of Probate, to execute a trust created by will, shall death or remo, - al of execu tors, desire to resign, he may make written application therefor, to the Court of administrators, or trustees. * Taking property of heirs and devisees for this purpose should never be carried beyond the necessary requirements of the case. 19 Conn.. 418. 392 PRIVATE PROPERTY. [Title 18. Probate having cognizance of the settlement of the estate; and said court, after giving public notice of a hearing relating thereto, may accept such resignation; and, when an executor or administrator shall die, resign, or be removed from office, before the settlement of the estate is completed, said Court may appoint an administrator with the will annexed in place of said executor, another administrator in place of such administrator, notwithstanding the time, by law limited for the granting of administration upon the estate, shall have expired before such appointment, or another trustee in place of such trustee, taking a Probate bond; and all suits in favor of, or against, the executor, administrator or trustee removed, died or resigned, shall survive to, and may be prosecuted by, or against, the administrator or trustee appointed to succeed him.* 1800. 1821. SEC. 26. WVhen an executor or administrator shall become incapable of Executors and administrators, executing his trust, or shall neglect to do the duties thereof, any person how removed injured, or exposed to injury thereby, may make a complaint in writing to the Court of Probate in which the settlement of the estate is pending; and said court shall give notice to such executor or administrator to appear and answer to such complaint; which notice shall be served by reading the same in his hearing, or leaving a copy at his usual place of abode, at least six days before the day of trial; and if said court shall find such complaint to be true, it shall remove him from office; and in any case, where the surety in the administration bond has become liable on such bond, he shall have liberty to institute any proper suit against his principal for his security. Further security SEC. 27. When any bond taken by a Court of Probate shall be found may be re- to be insufficient, said court shall require the principal to furnish new or further bonds, and on his neglect to furnish the same, shall remove him from office, and appoint another in his stead. 1855. 1869. SEC. 28. The executors and administrators of deceased persons shall, Executors and administrators during the settlement of the estates of such decedents, have the possesto have control ofrealestatenot sion, care and control of their real estate; and all the products, and specifically devised. income, of such real estate, during such time, shall vest in the executors and administrators, in the same manner as personal property, if such real estate shall not have been specifically devised, nor any directions given by will with regard to it, inconsistent herewith; and the court may order such executors and administrators to surrender the possession and control of such real estate to the heirs or devisees of such decedent, or to the widow, if the same shall have been set to her as dower, or may, during such Family of dece- settlement, order distribution of said real estate; but the family of such dein homestead,n cedent shall be allowed to remain in the dwelling house occupied by him at the time of his death, and may occupy such land and buildings connected therewith, as the court may consider necessary to their convenience and comfort, until such dwelling house, land and building shall be sold, distributed, or otherwise disposed of according to law; but the husband of any decedent shall not be deprived of his right as tenant by the curtesy, nor of the possession and control of the estate of his deceased wife, nor of the income thereof, during the settlement of her estate. 1848. SEC. 29. The Court of Probate, before the final settlement of any estate, 1857. 1874. when court may order the sale of the credits and choses in action belonging thereto; may order sale of estate. * If an executor is removed before the final settlement of the estate, and an administrator appointed, the latter is immediately entitled to the funds of the estate. 17 Conn., 420. Administrator de bonis non, is not liable for any fault of his predecessors. S Conn., 5841. Chap. 11.] ESTATES OF IDECEASED, AND INSOLVENT PERSONS. 393 and in case of an insolvent debtor's estate, of all or any part of such estate, as it shall find to be for the interest of such estate, in such manner and after such notice, as it shall judge reasonable. SEC. 30. If any person shall have, under his control, any property or 1698. 1699. 1821. 1833. 1838. 1847. documents belonging to the estate of a deceased person, insolvent debtor, 1853. 1862. 18t4. Proceedings or person under the charge of a conservator, or anything that may tend when property of an estate is to disclose its condition, and on demand therefor by the executor, ad- concealed. ministrator, trustee, or conservator, refuses to deliver them to him, without a reasonable excuse, or if such person, claiming to have a lien thereon, refuses to disclose the amount and particulars of his claim; the Court of Probate, having jurisdiction of said estate, may, upon the written application of the executor, administrator, trustee, or conservator, cite such person to appear before said court, and may examine him, on oath, concerning the matters complained of; and if he shall refuse to appear, or to answer the interrogatories put to him by said court, it may commit him to prison until he shall conform to the law, or be legally discharged; and no person shall be excused from answering any question on the ground that his answer will tend to convict him of fraud, but his answer shall not be used as evidence against him in any criminal prosecution.* SEC. 31. The Court of Probate shall ascertain the expenses occasioned 1838. 1853. Expenses of reby such commitment, and the executor, administrator, trustee, or conserva- fusal, &c., how tor of the estate shall pay the same; and if he shall afterwards recover paid. judgment against such person for any property withheld by him belonging to said estate, said expenses as ascertained by the Court of Probate shall be taxed as part of the costs of the suit; or if such person, after being imprisoned, shall, without suit, surrender to the executor, administrator, trustee, or conservator any effects belonging to the estate and withheld by him, the executor, administrator, trustee, or conservator may recover of him the amount of said expenses. SEC. 32. Courts of Probate shall have power to call executors, admin- 1821. Executors and istrators, and trustees to account for and concerning the estates intrusted administrators, &c., may be to their charge. called to account. SEC. 33. WVhen an executor or administrator shall exhibit his admin- 1824. Notice of exhiistration account to the Court of Probate for allowance, said court shall bition of adlministration appoint a time and place for hearing the same, and direct him to cite all account. persons interested therein to appear at such time and place. SEC. 34. Upon the final settlement of the account of any executor, 1854. Executors, &c., administrator, or trustee, he shall make oath to the truth of the several to make oath to their accounts, items of such account, and also to a statement in writing, by him subscribed, &c., on final and lodged with such Court of Probate, of all moneys by him received settlement. and expended in such capacity, and also whether all of the claims against said estate have been fully paid.t SEC. 35. The Court of Probate, before which proceedings in insolvency 1s74. Court may may be pending, may, before the appointment of a trustee on the estate of order officer to take possesan insolvent debtor, issue a warrant to any proper officer, commanding him sion of insolvent debtor's estate before * Courts of Probate may compel production of any documents relating to property of estate. 9 appointment of trustee. Conn., 182. This section does not apply to mere indebtedness, but to specific property. 28 Conn., 416. t Administrator when not allowed for expenses. 27 Conn., 238. Court may allow in administration account ascertained future disbursements. 21 Conn., 555. May allow him to correct errors in his former accounts. 35 Conn., 122. Tombstones properly part of funeral expenses. 30 Conn., 209. Varinus points relating to settlementof accounts. 36 Conn., 185. 394 PRIVATE PROPERTY. [Tie 13. to take possession of the estate of such debtor and hold it subject to the order of said court, or deliver it to the trustee when appointed; and if Sale of such any part of such estate be so perishable that it cannot be preserved until estate. such appointment, such officer may forthwith sell it for cash, under the direction of -the court, and account for the proceeds thereof to the trustee; and the expense of such warrant and its execution shall be a part of the expense of the settlement of said estate. 1788. SEC. 36. VWhen the debts and charges allowed by the Court of Probate When sale of real estate may in the settlement of an intestate estate, or of a testate estate where suffibe ordered. cient provision is not made by will, shall exceed the value of the personal estate, said court may order the sale of so much of the real estate as shall be sufficient to pay the same, with incidental charges of sale, in such manner as shall appear to said court to be most for the benefit of the estate.* 1821. 1864. SEC. 37. When it shall become necessary to sell personal estate to pay Court may order sale of the debts and charges allowed by the Court of Probate, in the settlement real, instead of personal estate. of an intestate estate, or of a testate estate where sufficient provision is not made by will, or to pay legacies, said court, upon the written application of the executor or administrator, and after such notice of the time and place of hearing as it may prescribe, may order the sale of so much of the real estate as may be necessary for that purpose, instead of personal estate, if it finds that the sale of said real estate will be most for the benefit of those interested in said estate. 1862. SEC. 38. If the appraised value of the real estate, in the inventory of'Where real estate cannot any estate, shall exceed the amount of the debts and charges specified in be beneficially divided, the any order of sale, the administrator or executor may apply in writing to whole may be sold. the court, describing the real estate proposed to be sold under said order, and alleging that the same cannot be beneficially divided for the purpose of sale; and said court, after such notice as it may prescribe, if it shall find the allegations therein true, may order the sale of the whole, or a part, or an undivided interest of such real estate, as shall appear to said court most for the interest of said estate; and the surplus, remaining after the payment of said debts and charges, and incidental charges of sale, shall be divided or distributed in the same manner as such real estate would have been divided or distributed, if the same had not been sold. 1839. SEC. 39. W'hen it shall be necessary that any real estate of a deceased When equity of redemption may person, incumbered by mortgage and subject to the widow's dower, should be sold free of dower. be sold, the Court of Probate having jurisdiction of the estate may, with the consent of the widow, recorded in the records of said court, order its sale, without excepting the right of dower; and the sale' being made and the avails ascertained, may order the value of her interest to be paid to * It must appear from the face of the order that the debts and charges exceed the personal estate. I Conn., 467; 9 Conn., 10. A legacy is not a " debt" or " charge " within the meaning of this section. 4 Conn., 163. The authority to sell must appear in the deed; and must be strictly pursued. 6 Conn., 373. The deed must be such as to convey the estate, by virtue of the power, and a quitclaim is ineffectual. Id/., 258. It need not state the grounds on which the court made the order. 10 Conn., 77. Effect of administrator's deed. 5 Day, 88. If administrator gives deed with covenants of seizin, &c., such covenants bind him personally. 4 Conn., 495. Formerly, court could not appoint any other person than administrator or executor to sell. 4 Day, 137. Grantee will acquire a good title, although administrator make no return. 5 Day, 211. As to notice of sale under order of court, see 19 Conn., 408. Deed of land sold under order, for less than the whole sum specified in order, valid. 22 Conn., 272. There is no privity between administrator and the purchaser, and a decree in a suit to which administrator was a party, does not estop such purchaser who was not a party. 12 Conn., 365. Chap. 11.] ESTATES OF DECEASED, AND INSOLVENT PERSONS. 395 her in lieu of dower, as assessed by said court, or a committee, under oath, appointed by said court. SEC. 40. The Court of Probate inay, on the written application of an 1830. 1540. 1874. executor, administrator, trustee of an insolvent debtor, or conservator of Court may order other peran incapable person, and after such notice as it may prescribe, authorize son than executor, &c., to sell another person to sell any estate of the testator, intestate, insolvent debtor, estate. or incapable person ordered to be sold, and such person shall give a Probate bond and pay to said executor, administrator, trustee, or conservator the sum for which such estate shall be sold; and at any sale made by such person, the executor, administrator, trustee, or conservator may be a purchaser. Notice of such sale shall be posted on the sign-post nearest to such estate and in the same town; and, if the value of the estate ordered to be sold exceeds one hundred dollars, it shall also be advertised in a newspaper published nearest to such estate. SEC. 41. Appeals from any Probate order for the payment of claims, 1s58. Appeals, when or dividends on claims, against any insolvent estate, shall be taken within to be taken. fifteen days after the making of such order. SEC. 42. All notices, required to be given in the settlement of any estate N1853. 874. Notices, how by advertising in a newspaper, shall be published in a daily newspaper, given. and if there be none, then in a weekly newspaper published in the county where the court ordering the notice is held, or in any adjoining county in the State, and having a circulation in the Probate district of such court. 396 CIVIL ACTIONS. Title 19. TITLE XIX. CIVIL ACTIONS. CHAPTER I. Mesne Process. CHAPTER II. Service of Mesne Process, Attachments, and Interests thereby acquired. CHAPTER III. Bail. CHAPTER IV. Jurisdiction, and Venue. CHAPTER V. Parties, and Appearance. CHAPTER VI. Abatement. CHAPTER VII. Pleadings, and Set-off. CHAPTER VIII. Amendments. CHAPTER IX. Practice. CHAPTER X. Juries. CHAPTER XI. Evidence. CHAPTER XII. Defences. CHAPTER XIII. Trial. CHAPTER XIV. Judgments, Damages, and Costs. CHAPTER XV. New Trials, and Error. CHAPTER XVI. Execution. CHAPTER XVII. Particular Rights and Forms of Action. CHAPTER XVIII. Limitation of Civil Actions. C HAPTER I Mesne Process. SECTION SECTION 1. Form, contents, and signature. S. Process served on Sunday void. 2. Foreign attachment. 9. Form of writs. 3. Recognizance for costs. 10. Citing in garnishee td disclose. 4. Form of recognizance. 11. Order of attachment pending suit. 5. Direction of process. 12. Writ by or against partnership. 6. Special deputation. 13. Actions on Probate bonds. 7. Return day for justice writs. 1650. SEC. 1. Mesne process in civil actions shall be, in actions at law including 1702. 1750. writs of scire facias, a writ of summons or attachment, and in actions in FormI, contents, and signature. equity a citation, in which, if the action is brought for the recovery of a money demand, may be inserted a direction for an attachment. The process shall describe the parties upon whom it is to be served, the court to which it is returnable, and the time and place of appearance; and all writs in actions at Chap. 1.] MESNE PROCESS. 397 law shall describe the plaintiff and the form of action.* All such process shall be signed by the Governor, Lieutenant Governor, a senator, justice of the peace, commissioner of the Superior Court, or a judge, or clerk of the court to which it is returnable; and writs signed by any of said authorities may run into 1816. any county.t Attachments may be granted against the estate of the de-Attachment fendant, both real and personal, or, in actions at law, against his person, when not exempt from imprisonment on the execution in the suit. SEC. 2.;VWhen the effects of the defendant i.- any civil action, in which 1726. 1821. 1S43. 159. a judgment or decree for the payment of money may be rendered, are con- Foreign attachcealed in the hands of his agent or trustee, so that they cannot be found to be ment. attached, or where a debt is due from any person to such defendant, or where any debt, legacy, or distributive share is or may become due to such defend- 8L46. ant from the estate of any deceased person or insolvent debtor, the plaintiff AainstrexeC-i may insert in his writ or citation a direction to the officer to leave a true and insolvency. attested copy thereof and of the accompanying declaration or petition, at least twelve days before the session of the court to which it is returnable, with such agent, trustee, or debtor of the defendant, or, as the case may be, with the executor, administrator, or trustee of such estate, or at the usual place of abode of such garnishee; and from the time of leaving such copy, all the effects of the defendant in the hands of any such garnishee, and any debt due from any such garnishee to the defendant, and any debt, legacy, or distributive share due, or that maybecome due to him from such executor, administrator, or trustee in insolvency, not exempt from execution, shall be secured in the hands of such garnishee to pay such judgment as the plaintiff may recover.t SEc. 3. If the plaintiff in any civil action be not an inhabitant of this 1703. 1754. State, or if it do not appear to the authority signing the process that he is able Bonds for costs. to pay the costs of the action, should judgment be rendered against him, he shall be required by such authority, before such process is signed, to enter into a recognizance to the adverse party with some substantial inhabitant of this State as surety, to prosecute his action to effect, and answer all damages in case he make not his plea good; and no such recognizance shall be discharged s184. by any amendment or alteration of the process between the time of signing Nly amendment and serving it.~ of writ.: The residence of the parties must be stated. 9 Conn., 480. And in justice writs the honr for appearance. 16 Conn., 44. Writs miust be brought to the next term of court, before which there is time to serve them. 1 Root, 315. May be brought to adjourned term. 10 Conn., 488, 4S9. f A writ in favor of a town may be signed by a magistrate who is one of its inhabitants. 1 Root, 175. f The original Act of 1726 limited this process to the case of non-residents. In 1821 it was extended so as to embrace all absent or absconding debtors, and in 1843 it wass made to apply to all debtors, present or absent. This remedy is one to be favored. 20 Conn., 394. It will hold a judgment debt. 11 Conn., 171; and property held as collateral security. 3 Conn., 182; and an unadjusted claim on an insurance policy. 9 Conn., 433; and a debt due by a negotiable note, subject to be defeated by its negotiation to a bonacfide purchaser. 3 Conn., 29; 21 Conn., 411; and goods held under a fraudulent conveyance. 1 Root, 488. But not a future liability. 3 Day, 4-40; 5 Conn., 122; 38 Conn., 293; nor a debt assigned to a third party, who gives reasonable notice to the garnishee of the assignment. 1 Root, 157; 5 Day, 488, 536-538; 10 Conn., 446; 39 Conn., 27. A sheriff may be factorized for money collected on execution. 2S Conn., 109-111. Public and private corporations may be made garnishees. 23 Conn., 418-420; 9 Conn., 434. A public officer cannot lie factorized for public money due to the defendant. 1 Root, 551; 11 Conn., 127, 125. A non-resident cannot be made a garnishee under this section. 25 Conn., 454. But a partnership, of which one member is a resident, can be. 32 Conn., 217. The garnishees should be described as severally or jointly indebted, as the case may be. 22 Conn., 258; 24 Conn., 426. But an inaccurate description is not necessarily fatal. 20 Conn., 393; 23 Conn., 301; 39 Conn., 315. If the attachment is not legally served, the garnishee cannot waive the defect. 40 Conn., 405. ~TUnder this Revision the plaintiffs' bond alone will, in no case, be sufficient. The person serving the writ may give bonds. 1 Root, 356. For rules of court as to requiring new bonds, see 18 Conn., 564. The want of a bond is only matter of abatement. 16 Conn., 574. Death of plaintiff discharges bond. 9 Conn., 238-241. Whether the bondsman named in the bond can deny that he gave it, quaere. 28 Conn., 534. Liability ol bond. 7 Conn., 431; 14 Conn., 329; 30 Conn., 143,144. 28 398 CIVIL ACTIONS. [Title 19. Form of bond. SEC. 4. Such recognizance may be taken in the form following. ou, C. S. as principal, and E. C. as surety, acknowledge yourselves jointly and severally bound to J. L., in a recognizance of dollars, that the said C. S. shall prosecute the action, which he has now commenced against the said J. L. at the Court to be holden at H. in and for the county of H., on the Tuesday of A. D. 18-, (or, as the case may be, before J. W. Esquire, a justice of the peace for county, returnable on the day of 18-,) to full effect, and that he shall pay any costs for which judgment may be rendered against him thereon. Taken and acknowledged at I-I. on the day of A. D. 18-, before me, J. W., justice of the peace.* 1804. SEC. 5. All process shall be directed to the sheriff, his deputy, a constaDirection of process. ble, or other proper officer, or to some indifferent person;t but no process shall To an incldiffer- be directed to an indifferent person unless more defendants than one are therein ent person. named, and described to be of different counties in the State, or unless, in case of a writ of attachment, the plaintiff, or one of the plaintiffs, if there be more than one, or his or their agent or attorney, shall make oath before the authority signing such writ, in the form required by law, who shall certify on the writ that he administered such oath, and insert in the writ the name of the person to whom it is directed, but he need not insert the reason of such - 1S74. direction. Any process directed to an indifferent person in consequence Abatement. of such an affidavit shall be abateable on proof that the party making such affidavit had not reasonable grounds, at the time of making it, for believing the statements therein to be true. 1im;o;. SEC. 6. The sheriff may, on any special occasion, depute, in writing on Special deputation., the back of tlhe process, any proper person to serve it, who, after serving it, shall make oath before a justice of the peace that he faithfully served it according to his indorsement thereon, and did not fill up said process, nor direct any person to fill it up; and, such justice of the peace having certified on the process that he administered said oath, the service shall be valid.~ 15837. SEC. 7. All processes returnable to a justice of the peace, which are not Return day justice writs. made returnable within thirty days from and after the day of service thereo f, shall be void. 1830. SEC. 8. All civil process issued or served between sunrise and sunset on Process on Sunday void. Sunday shall be void. SEC. 9. The forms of civil process may be as follows: Siummons for appearance before a justice of the peace. 1702. To the sheriff of the county of H., his deputy, or either constable of the Form of sumiaohs. town of G., in said county, greeting. By authority of the State of Connecticut you are hereby commanded to summon A. B. of to appear before J. H., Esquire, justice of the peace for the county of at in on the day of 18-, at o'clock in the noon, then and there to answer unto C. D. of in a plea of * * =fe * e 8 8 * * * * The bond need not be written out at length on the writ. 9 Coln., 145. t The indifferent person must be of fiull age. 2 Root, 520.. The oath must be administered in the words prescribed. 6 Conn., 138; 9 CoTn.. 206, 207; 14 Conn.. 84; 30 Conn., 392. The direction may be indorsed on the writ. 9 Conn., 207. The return of an indifferent person need not be sworn to. 23 Conn., 242. ~ The person deputed may belong to a defendant town. Kirby, 237. Chap. 1.] MESNE PROCESS. 399 which is to the damage of the plaintiff in the sum of dollars, to recover which and costs he brings this suit. Of this writ with your ddings thereon make clue return. Dated at the day of A. D. 18 J. W., justice of the peace. Vrit of attachment before a justice of the peace. To the sheriff, &c. (as before.) By authority of the State of Connecticut you are hereby commanded to at- Form of attachtach to the value of dollars the goods or estate of A. B. of and ment. him summon to appear before J. H., Esquire, justice of the peace for the county of at in said county, on the day of A. D. 18-, at o'clock in the noon, then and there to answer to C. D. of in a plea of * * * * *I' e e * * * * * * * which is to the damage of the plaintiff in the sum of dollars, to recover\ which and costs he brings this suit. Of this writ with your doings thereon make due return. E. F. of is recognized in $ to prosecute, &c. Dated at this day of A. D. 18-. J. TV., justice of the peace. Citation in.Equity; Superior Court. To the sheriff, &c., (as before.) By authority of the State of Connecticut you are hereby commanded to sr'4. summon A. B. of to appear before the Superior Court to be holden Form of citation at G., in and for the county of on the Tuesday of 18-, then and there to show cause, if any he have, why the prayer of the foregoing petition should not be granted. Hereof fail not, but make due service and return. Dated at this day of 18-. J. WVV., justice of the peace. Citation and Attachment in Equity; Superior Court. To the sheriff, &c., (as before.) By authority of the State of Connecticut, you are hereby commanded to Form of attachattach to the value of dollars the goods or estate of A. B. of ment in equity. and him summon to appear before the Superior Court to be holden at G., in and for the county of on the Tuesday of 18-, then and there to show cause, if any he have, why the prayer of the foregoing petition should not be granted. E. F. of is recognized in $ to prosecute, &c. Hereof fail not, but make due service and return. Dated at this day of 18-. J. W., justice of the peace.'Similar forms may be used for process returnable to other courts, and where a bond is required on any writ of summons or citation, by the provisions of the third section, it may be noted in the writ in the same manner as in the above forms for process of attachment. SEC. 10. The plaintiff, in a process of foreign attachment, may insert in 1838. ISSM. 1865. the writ or citation a direction to the garnishee, except he be described as an nishee tol (isclose. 400 CIVIL ACTIONS. [Title 19. executor, administrator, or trustee in insolvency, in which case he shall not be so cited in, to appear before the court to which the process is returnable, and there disclose on oath whether he has in his hands the goods or effects of the defendant, or is indebted to hir m; and, at any time during the pendency of a suit brought by foreign attachment, any garnishee, who might have been so cited in, but was not, may be required by a citation issued by order of the court, to appear before it, at a time appcintad, and make such a disclosure. 1871. SEuC. 11. The plaintiff, in any aaction which was or might have been comrnOrder of attachment, pending menced by attachment, may at any time during its pendency apply in writing suit. to the court to which it was brought, or when such court is not in session, to any judge thereof, for an order for the attachment or further attachment of the estate of the defendant; and the court or judge may, at its or his discretion issue such an order, directed to a proper officer, stating the amount to be attached, and the time of return, which shall not be later than during the next term of such court; which order shall be served and returned in the same manner as an original writ of attaclament, and, when returned, shall become a part of the files and record in the action; and the estate attached under such order shall be held to respond to the final judgment or decree, in the same manner as if attached at the comnmencement of the action. 1837. SEC. 12. In mesne process by or against a copartnership, it shall not be Writ by or against part- necessary to insert the names of the partners, provided the partnership name is stated; and the plaintiff shall have the right, within the first three days of the court to which the process is returnable, to amend it, without costs, by insert. ing the names of the partners; and writs returnable before a justice of the peace may be amended in the same manner, at any time before the pleadings are closed.* 1574. SEC. 13. No action shall be brought upon a Probate bond, t or bond taken Actions on Probate bonds. to a judge of Probate and his successors in office, without the consent of the Court of Probate in the district in which such bond was filed, given upon the 1548. written application of some party interested; and the writ in every such action Guaranty for costs. shall be utterly void, unless before its issue, some responsible inhabitant of the State sign a written indorsement upon it, substantially as follows: "I agrees to be responsible for the costs in this suit." The indorser shall be lia. ble for the costs of suit in case of judgment for the defendant, and such judgment shall be rendered against the indorser, and not against the plaintiff. If the indorser shall die, or remove out of this State, a new indorser on such writ shall be substituted, and the court, before which the suit is pending, may at any time order the substitution of a new indorser, to be approved by it, who shall indorse the writ, and be liable for the costs from the commencement of the suit, in the same manner as the original indorser. For any failure to comply with such an order the plaintiff may be nonsuited. * A writ against three as partners can be amended by adding a fourth. 32 Conn., 106. But there can be no amendment by adding new names, if only one was in the original writ. 24 Conn., 13, 14. The court may extend the time for amending. 19 Conn., 62. t For definition of Probate bond, see Title IV, Chapter V, p. 59, sec. 41. Chap. 2.] SERVICE OF MIESNE PROCESS. 401 CHAPTER II. Service of iMesne Process; Attachments, and Interests thereby Acquired. SECTION SECTION 1. Time of service. 27. Form of bond. 2. Return of process. 2S. Application and proceedings to be kept on 3..Mode of service. file. 4. Attachment of real estate. 29. Certificate of the dissolution. 5. Attachment of a partner's private estate. 30. Change of bonds. 6. Attachment of stock in corporations. 31. Partial discharge of excessive attachment. 7. Attachment of leasehold interests, &c. 32. Total discharge, on default of appearance. 8. Process against corporations. 33. Certificate of removal of attachment lien. 9. Process against voluntary associations. 34. Refusal to file certificate. 10. Service on non-resident executor or ad- 35. Attachment of interest of vendee in propministrator. erty, purchased on condition. 11. Attachment against non-resident. 36. Disclosure by vendor. 12. Service on corporation doingl business in a 37. Subrogation in case of foreign attachment. towvin where its clerk does not reside. 3S. Recording assignments of future earnings. 13. Service of foreigrn attachment on partner- 39. Foreign attachment against executor, adship. ministrator, or trustee in insolvency. 14. Service on agent of non-resident gar- Proof of claim against the estate, by the nishlee. attaching creditor. 15. Duration of attachment lien. 40. Notes tlaken by foreign attachment not to 16. Attachment of machinery, furniture, hay, be negotiated. grain, &;c. 41. Bill of interpleader against garnishee. 17. Sale of perishable property on attach- 42. Substituting bond for property attached. ment. 43. Service on garnishee, sufficient when de18. Appraisement of the property; bond by fenldant is a non-resident. plaintiff. 44. Service on joint contractors, when part are 19. Payment of expenses. non-residents. 20. Diposition of avalils of sale. 45. Service on non-resident railroad directors. 21. Avails of sale may be attached. 46. Orders of notice to non-residents, &c. 22. Defendant may receive the avails on giv- 47. Orders of notice to representatives of dein- bond. ceased persons. 23. Disolution of attachment by substituting 4S. Death, removal, or retirement of officer, bonld. before completing service. 2-4. Foruil of application. 49. Completing service by officer beyond his 23. Notmice of appi'.cation. precincts. 26. Amount of bond, and hearing as to same. SEC. 1. All processes, returnable to the Supreme Court of Errors, shall be 144. served at least thirty days inclusive before the clay of the sitting of the Court; Time of service. all returnable to the Superior Court, Court of Common Pleas, or District Court, at least twelve clays inclusive before said day; and all returnable to a justice of the peace, at least six days inclusive, before said day.* SEC. 2. All process, if returnable to the Supreme Court of Errors, shall be 1744. 1874. returned to its clerk at least twenty clays, and, if returnable to the Superior Retlrn of proCourt, to its clerk at least six days, and if returnable to the Court of Coni- 1565. 1S72. 1874. mon Pleas, or District Court, to its clerk at least forty-eight hours, and, if returnable to a justice of the peace, to such justice of the peace at least 1s21. twenty-four hours before the day of the sitting of the court.t SEC. 3. A summons or citation shall be served by the officer's reading it 1750. in the hearing of the defendant, or leaving an attested copy thereof and Mode of service. of the declaration or petition accompanying the same at the place of his usual abode. An attachment shall be served by attaching the estate of the defendant, personal or real, or both, and, if none can be found, by attaching his person, when liable to attachment. When the body of the defendant is attached, the officer shall read the writ and declaration in his hearing; and, *Want of full time may )e wvaived. 1 Conn., 169. t Return to clerk's office, sufficient. 2 Day, 430. Failure to return makes the service a trespass ab initio. 25 Conn., 568. 402 CIVIL ACTIONS. Title 19. 1770. in every case of attachment, the officer serving the process shall leave with the person whose estate or body is attached, or at the place of his usual abode, if within the State, a true and attested copy of the process and of the accompanying declaration or petition, and of his return thereon, describing any estate attached.* Attach t of SEC. 4. Real estate shall be attached by the officer's lodginog with the town Attachment of real estate. clerk of the town, in which it is situated, a certificate that he has made such attachment, which shall be indorsed by the town clerk with a note of the. precise time of its reception, and kept on file, open to public inspection, in the office of said town clerk; and said attachment, if completed as hereinafter provided, shall be considered as made when such certificate is so lodged. The certificate shall be signed by such officer, shall describe the land attached with reasonable certainty, and shall specify the parties to the suit, the court to which the process is returnable, and the amount of damages claimed; and he shall, within four days thereafter, leave with such town clerk a certified copy of the process under which the attachment was made, with an indorsement of his doings thereon; and unless the service shall be so completed, such estate shall not be holden against any other creditor or boi a' fidle purchaser. t 17tta 3tOf a SEC. 5. No attachment, in any suit against a copartnership, of the private Attachment of a lartner's pri- estate of any of its members, shall be valid, unless his name shall be set forth Vate estate. in the process at the time of the attachment. Attach805t of SEC. 6. Rights or shares in the stock of any corporation, together with,ltock in corpor- the dividends and profits, due and growing due thereon, may be attached, ations. and taken on execution. Such attachment shall be made by leaving a true and attested copy of the process, and of the accompanying declaration or petition, with the proper indorsement thereon of the officer serving the same, as in other cases, with the defendant, or at his usual place of abode, if within this State, and with the secretary, clerk, or cashier of such corporation, or if such corporation has no secretary, clerk, or cashier, or if he is absent out of this State, then at the principal place, in this State, where such corporation transacts its business or exercises Its corporate powers; and such rights or shares, together with the dividends and profits, shall be holden to respond to the judgment which may be recovered in said action, for sixty days only after its rendition; and when an officer, with a writ of attachment, shall apply to such secretary, clerk, or cashier, for the purpose of attaching such rights or shares, the secretary, clerk, or cashier, shall furnish him with a certificate, under his hand, in his official capacity, specifying the number of rights or shares which the defendant holds in the stock of such corporation, * Copy may be left at house of a convict in prison. 11 Conn.. 234. Attachment may be served as a summons. I Root, 54, 128. MIarried -woman cannot accept service. 3 Conn., 258. Nor an attorney, without special authority. 1 Root, 406; 28 Conn., 563. In suits against joint debtors, each must be served. 4 Conn., 426. An attachment of personal property must be consummated by taking possession, if practicable. 3 Conn., 65, 431; 4 Conn., 361; 7 Conn., 273; 8 Conn.. 334; 18 Conn., 225; 28 Conn., 512; 40 Conn., 213. Interest of vendee tunder conditional sale not attachable. 40 Conn., 148. Goods subject to a lien may be attached. 16 Conn., 85. Interest of joint tenant or partner may be attached. 10 Conn., 37, 44; 14 Conn., 404; 1S Conn., 294. Equitable interests. 17 Conn., 283: 33 Conn., 379. Property of any or all of several defendants may be taken. 20 Conn., 486 Successive attachments on different writs. 9 Conn., 533; 11 Conn., 25; 20 Conn., 364; 36 Conn., 582. Body, if taken, may be released and property attached. 1 Conn., 259. If real estate of a non-resident is attached, his agent in charge of it must be served. 31 Conn., 896. An attachment of real estate gives no title to it. 5 Day, 80. But may found an equitable right to an injunction. 11 Conn., 54, 60. t Variance in copy not fatal. Kirb., 103. Conveyance pending attachment. 17 Conn., 283. Chap. 2.] SERViCE OF MESNE PROCESS. 403 with the incumbrances thereon, if any, and the amount of dividends thereon due.* SEC. 7. Leasehold interests in real estate, oyster lots or beds, franchises 1874. Attachment of issuing out of real estate, and any interest in buildings owned by one person leasehold interon the land of another, may be attached in the same manner as real estate. SEC. 8. In suits against towns, societies, communities, or corporations, 1821. 6 ~~~~~~~~~~ ~~~Process against the service of the process by the officer by leaving a true and attested copy corporations. of it, and of the accompanying declaration or petition, with or at the usual place of abode of their clerk, or either of the selectmen or committee, or the secretary, or cashier, or in the case of a private corporation having no secretary or cashier, at the principal place in this State, where such corporation transacts its business or exercises its corporate powers, shall be sufficient. t SEc. 9. In suits against such voluntary associations as are liable to be 18i4. Process against sued, service of process may be made upon the presiding officer, secretary, voluntary assoor treasurer. The property of any such association, whether held by such association or in the hands of trustees for its benefit, may be attached and held to respond to any judgment that may be recovered against it; but the individual property of its members shall not be liable to attachment or levy of execution in such suit. SEC. 10. When any administrator or executor shall reside out of this 18s6. Service on nonState, a copy of the process and declaration or petition in any action resident execitor or adminisagainst him in his representative capacity, may be left with the judge of the trator. Court of Probate of the district where administration was granted or the will proved; which shall be notice to such executor or administrator that the action is pending; and such judge shall forthwith give notice thereof to such executor or administrator.. SEC. 11. When the defendant is not a resident or inhabitant of this State, Aisl. Attachment and has estate within the same which is attached, a copy of the process and against a nonresident. declaration or petition, with a return describing the estate attached, shall be left by the officer with the agent or attorney of the defendant in this State; and when land is attached, a like copy shall be left in the office of the clerk of the town where the land lies, as in cases where the defendant belongs to this State; and if the defendant has no agent or attorney within this State, a like copy shall be left with him who has charge or possession of the estate attached.1 SEC. 12. When any corporation, engaged in transacting business in s.157. Service on corany other town than that in which its secretary or clerk resides, shall be poration doing business in a named as agent, trustee, or debtor of the defendant in any action com- town where its clerk does not menced by process of foreign attachment, service may be made upon such reside. corporation by some proper officer by leaving a true and attested copy thereof, at least twelve days before the process is returnable, with, or at the usual place of abode of its secretary or clerk, or any agent or clerk employed by said corporation to keep its accounts, or pay its employees in the town where it transacts business, and where any moneys, which may by owing to the defendant, are due and payable. * Equitable illterests in stock can be taken. 33 Conn., 379. Absence of cashier. 17 Conn., 259. fService where there are no officers and but one stockholder. 200Conn., 447. Secretary defacto. 6 Conn., 528. Service on officers of foreign corporation, insufficient to hold it to trial. 3 Conn., 447; 14 Conn., 301. Act'oin against United States corporations. 5 Conn., 105. Place where corporation exercises its powers, &c. 40 Conn., 70. Service at selectman's house. 12 Conn., 93. $ See 31 Conn., 396. 4 0()4 CIVIL ACTIONS. [Title 19. Service of ach SEC. 13. When in any action commenced by process of foreign attachloreian attachnment on part- ment, any partnership, the business of which is transacted by one or more of nership. the partners exclusively, or by an agent or agents, is named by the title of such partnership as agent, trustee, or debtor of the defendant, service of such writ may be made upon such partnership, by the officer's leaving a true and attested copy thereof, at least twelve days before the writ is returnable, with, or at the usual place of abode of the members of such partnership, or such acting partner or partners, agent or agents; and the plaintiff, at any time before final judgment in said suit, may amend said process without costs, by inserting the names of the persons composing said copartnership. 1864. SEC. 14. Process of foreign attachment, when the garnishee does not reService on agent of non- side in this State, but is engaged in the transaction of business therein by an resident garnishcne. agent or agents, may be served on such garnishee, by leaving a true and attested copy of such process with such agent or agents, at least twelve days before the writ is returnable; and if the plaintiff recover judgment in said actions, all the effects of the defendant, which were in the hands of the agent of such garnishee in this State, at the time such copy of said process was so left with him, and the debt due from such garnishee to the defendant shall be liable for the payment of said judgment. 17to. SEC. 15. No estate, which has been attached, shall be held to respond to Duration of attachinent lien. the judgment obtained in the suit, either against the debtor or any other creditor, unless the judgment creditor shall take out an execution and have it levied on the personal estate attached, or demand made on the garnishee in cases of foreign attachment, within sixty days after final judgment, or levied on the real estate attached, and the same appraised, and the execution and proceedings thereon recorded within four months after such judgment; or if said goods or estate are encumbered by any prior attachment, unless the execution shall be so levied, within the respective times aforesaid, after such encumbrance is removed; excepting only in case of a foreign attachment against an executor, administrator, or trustee in insolvency, upon whom demand shall be made within the times limited in the forty-seventh, forty-eighth, and forty1847. ninth sections of Chapter XVI of this Title. But in reckoning said 18(;2. 1865. Stay of execu- periods within which the attaching creditor is so required to take out and tioni by writ of error or injunc- levy execution, any time during which the issue or levy of an execution may tion. be prevented or stayed by the pendency of a writ of error, or by an injunction or other legal stay of execution, shall be excluded from the computation. 18X2. SEC. 16. Attachments of machinery, engines, or implements, situated 186;7. 1868. 184. 18(;1. and used in any manufacturing or mechanical establishment, or of the A ttachment of niachinery, household furniture of any person having a family, and used by him in housefiirniture, hay,,grain, &c. keeping, or of hay or unthreshed grain deposited in any building, or of any crop deposited in a building, which cannot, in the opinion of the officer levying upon the same, be moved without manifest injury, shall be effectual to hold the same, without any removal thereof, provided the service of said attachment shall be completed, and a copy of the process and of the accompanying declaration or petition, with the officer's return indorsed thereon, particularly describing the property attached, shall be filed in the office of the clerk of the town in which such property shall be situated, within twenty*These periods enure successively to the benefit of each of several attaching creditors. 86 Conn., 582. Rights tnder second attachment, when lien of first is waived or lost. 3'Conn., 445; 9 Coon., 5:36; 16 Conn., 545, 573. "Final judgment" defined. 17 Conn., 72, 76-78; 1 Root, 483. Return ofexecution to clerk of court need not be within four months. 13 Conn., 11. Chap. 2.] SERVICE OF MESNE PROCESS. 405 four hours after such attachment shall have been made; and when the levy is upon any such hay, unthreshed grain, or crops, the officer shall also post a notice of his attachment on the outer door of the building in which such property is situated. SEC. 17. WThen any live stock, or other personal property in its nature 172s. 1857. 1860. perishable or liable to depreciation, or the custody and proper preservation Sale of perirhable property on of which would be difficult or expensive,* shall be attached, either party to the attachmelt. suit may apply to any judge of the Superior Court, Court of Common Pleas, or District Court, or to a County Commissioner residing in the county where such property was attached, for an order to sell the same, and thereupon, after such reasonable notice to the adverse party as said judge or Commissioner shall direct, and upon satisfactory proof that such sale is necessary and proper, and payment of his fees by the party making said application, he may order such property to be sold by the officer who attached the same, or, in case of his ina- 1I40. 1869. bility, by the sheriff of the county, or by any of his deputies, or any indifferent person who may be requested in writing so to do by said attaching officer, at public auction, at such time and place, and upon such notice as said judge or Commissioner shall deem reasonable; and he may, at his discretion, order the officer making such sale to deposit the avails with the justice before whom, or the clerk of the court to which said process is returnable, subject to the order of the court having final jurisdiction of said cause. SEC. 18. When the plaintiff intends to make application for such a sale, plr8s Appraisement the property shall be appraised by three disinterested freeholders of the town of the property. where it was taken, to be chosen, appointed and sworn, and to make their return to the officer, in the same manner as appraisers of real estate taken by execution; a certificate of which appraisement, signed by at least two of them, shall be presented to the judge or Commissioner to whom the plaintiff shall apply for such order of sale; and before any order shall be made Plaintiff to give upon application of the plaintiff, he shall give bond, with surety, to the adverse party, to the acceptance of said judge or Commissioner, in double the amount of the value of said property, conditioned that he shall prosecute his action to effect, and pay all damages which the adverse party may sustain by the sale of said property at less than its appraised value, with interest thereon. SEC. 19. The costs of the appraisal shall be paid by the officer, and charged Payment of in his fees; and the expenses, thus incurred by either party, shall be taxed expenses. as part of the costs in the cause; and the officer who serves said writ shall make return of what has been done in the premises, to the court to which said writ is returnable. SEc. 20. If the suit upon which such property was attached shall be de- Disposition of cided in favor of the defendant, the money accruing from the sale of such avails of sale. property shall be paid to him; but if decided in favor of the plaintiff, said money, or so much thereof as will satisfy his claim, shall be paid to him; and if the property attached shall have been subject to more than one attachment, the money shall be paid to the several attaching creditors, in like order and proportion as the proceeds would have been payable in case of sale on execution; and the court. which renders final judgment in the suit, may make the necessary orders therefor. *"Perishable" and "expensive" defined. 31 Conn., 495. 40G CIVIL ACTIONS. [Title 19. Avails of sale SEC. 21. After the money accruing from the sale of the property attached may be attacihedl. has been paid to the clerk of the court or justice of the peace, any creditor may attach it. by leaving a copy of his attachment, with an indorsement of the service thereon, with such clerk or justice of the peace, and a like copy with the defendant, if within this State; in which case, the sum which such creditor shall recover shall be paid to him, under the order of the court, out of the surplus which shall be left, after deducting all previous attachments, in the same manner as if he had attached said property before the sale. 1)cfendant may SEC. 22. The defendant may, at any time during the pendency of the suit, receive avails, on giving take to his own use the money raised by such sale, upon giving bond, to the bonds. plaintiff, with surety, to the satisfaction of the judge or Commissioner who ordered such sale, or of the justice of the peace or court before which the action shall be pending, if then in session, to refund the same in the event of final judgment rendered against him, to be disposed of in satisfaction of such judgment as herein before provided. 1Sls. is70. SEC. 23. When any estate shall be attached, or any debt or effects taken Dissolution of attachment by by process of foreign attachment, the defendant, if the debt or damages desubstituting bonds. manded do not exceed three hundred dollars, may apply, in writing, to any justice of the peace in the county where such attachment is made, or, if such debt or damages exceed three hundred dollars, to a judge of the court in which such action may be pending, to dissolve the attachment lien, upon the substitution of a bond with surety. s1848s. SEC. 24. The application may be in the following form: Form of application. To a justice of the peace for the county of (or judge, as the case may be): The application of C. D., of in the county of shows, that he is defendant in a certain action demanding dollars, debt, (or damages,) wherein A. B., of is plaintiff; in which action, the following estate has been attached, to wit: by E. F., of (insert the name of the officer,) and that he is desirous that said attachment should be.dissolved upon the substitution of bond, with surety, according to the statute. Dated at the day of C. D. Notice of appli- SEC. 25. No attachment shall be dissolved until reasonable notice of the cation, application, in writing, signed by the defendant, or his attorney, shall have been served upon the plaintiff, or his attorney, and on the officer serving the attachment; and such notice may be in the following form: To of and A. B.. of vs. ~ Action of returnable to C. D. j Court, term, 18Take notice, that the defendant will apply to justice of the peace of the county of (or judge, &c.) at on the day of 18-, at o'clock in the noon, to dissolve the attachment in this cause, upon the substitution of bond, with surety, according to the statute. Dated at the day of 18-. C. D. Amount of SEC. 26. All persons interested may be heard in relation to the amount bond, an d hearing as to same. and sufficiency of the bond offered by the defendant. Such amount shall equal Chap. 2.] SERVICE OF MESNE PROCESS. 407 the value of the estate which the process directed to be attached, unless the action be founded in tort for the recovery of unliquidated damages, and it shall appear to the authority to whom the application is made, that the amount so required to be attached is excessive, in which case he may take a bond for such sum as he may deem reasonable. SEc. 27. The bond shall be taken to the plaintiff, and substantially in the 184S. 1874. Formu of bond. following form: Whereas, the estate of C. D., of has been attached by A. B., of by process, directing an attachment to the value of dated returnable to as appears by the officer's return on said process:-You of and of acknowledge yourselves jointly and severally bound unto said A. B., in the sum of dollars, conditioned that if said C. D. shall pay the judgment that may be recovered against him in such suit, or if, in default of such payment, you pay to the officer is69. having the execution issued on such judgment, on demand, the actual value of the interest of said C. D. in said attached property at the time of said attachment, not exceeding the amount of this recognizance, then this recognizance shall be void. SEC. 28. The authority dissolving the attachment shall certify his doings 1848. Application and upon the application, and forthwith return the application, recognizance, and proceedings, to other proceedings, to the court to which the writ is returnable, where they be kept on file. shall be kept on file. SEC. 29. The defendant, if the attachment dissolved be of real estate, Certificate of may file with the clerk of the town where it lies, a certificate of such dis- the dissolution. solution, signed by the authority making the same; if the attachment be of shares in any corporation, he may leave a like certificate with the officer of the corporation with whom a copy of the attachment was left in service; and if the attachment be of debts, or effects, in the hands of a garnishee, he may leave a like certificate with the garnishee; and no such corporation shall be held liable to the defendant for refusing to transfer the shares attached, or to pay the dividends due thereon, and no such garnishee shall be held liable to the defendant for refusing to pay the debt, or return the effects attached in his hands, until such certificate shall have been so left. SEC. 30. The court before which any action may be pending, in which such 1864. 1863, a bond has been given, may, on application of either party, and due notice to bondse o. the other, order that a new bond of some responsible inhabitant of this State be substituted in lieu and discharge of the original one; and, if said order be made on the application of the plaintiff, may render a judgment in his favor by default, if such substitution be not made within such time as the Court may appoint. SEC. 31. In every action for the recovery of any debt, which shall 1865. Partial disbe brought to the Superior Court, Court of Common Pleas, or District chargeolf exCourt, and in which the estate of the defendant shall have been attached, said cesstve attacs h court or, in vacation, any judge thereof, shall, on application of the defendant or his attorney, cite the plaintiff or plaintiffs, if they reside in the county in which such action is pending, or their attorney, if they, or either of them, are not residents of said county, to appear forthwith before said court or judge, then and there to state, under oath, the amount of the plaintiff's claim, and that he or they verily believe the same is justly due, and, if required by said court or judge, to furnish a bill of particulars of said claim; and if said court or judge shall find that the value of the property attached so far exceeds the 408 CIVIL ACTIONS. Title 19. amount of said claim as to render the attachment oppressive and vexatious, said court or judge shall order the release of such portion of the property attached as is not required to secure'the payment of the claim and costs, and Costs. the plaintiff shall pay the costs of such citation and hearing thereon; but if said attachment shall not be released, in whole or in part, the defendant shall pay said costs to the plaintiff or plaintiffs. Total dischergle SEC. 32. If the plaintiff or plaintiffs shall not appear before said court on default cf appearance. or judge, when cited as aforesaid, and said court or judge shall be satisfied that they do not intend to appear, said attachment shall be dissolved. Is;5. SEC. 33. When the estate of any person shall have been attached in Certiicate of rcinoval of tt- any proceeding, wherein a certificate of such attachment, or a copy of the taclmcnt lien. writ or proceeding is required, by law, to be filed in the office of the town clerk, and the plaintiff therein shall have received satisfaction for his claim, or final judgment shall have been rendered against him therefor, said plaintiff or his attorney shall, at the request of any person interested in the estate attached, or in having the lien removed, lodge a certificate with such town clerk that said claim is satisfied and said lien removed; and such town clerk shall note the release of any such attachment of real estate on the page of the record where the certificate of the attachment was recorded. Refusal to file SEC. 34. If any person so requested in writing shall willfully neglect or certificate. refuse to lodge such certificate with the town clerk within thirty days thereafter, and after sufficient proof of such satisfaction shall have been furnished to him, and the necessary expense of filing such a certificate tendered to him, he shall pay to the person aggrieved ten dollars for each week of such refusal or neglect. 1S74. SEc. 35. Any property sold upon condition, and put by the vendor into Attachment of interest of -cen- the visible possession of the vendee, unless otherwise exempt from execudee in property purchased on tion, may be attached and levied upon and sold or set out on execution in condition. any suit against such vendee, subject to the rights of the vendor to its possession or ownership; and the party attaching or levying shall have the same rights, which the vendee would otherwise have had, to tender to the vendor performance of the conditions of sale; and all parties deriving title under the execution shall succeed to all the rights of the vendee, in relation to such property. Disclosure by SEC. 36. Such attaching or levying creditor may summon said vendor vendor. to appear before the judge of the court or justice of the peace, before whom the suit shall be or. may have been pending, to disclose fully on oath what claim he has on said property, which summons shall be signed by such judge or justice, be returnable, at such time and place as he may appoint, and be served as other civil process, at least six days before such time. If such vendor shall be absent from the State when such summons shall be served, such judge or justice shall make a reasonable order of notice to him; and if such summons shall have been duly served, and such order, if any, duly complied with, and such vendor shall fail to disclose as aforesaid, such neglect shall be prinma facie evidence that he has no interest in said property. 1850. SEC. 37. In suits by foreign attachment, the plaintiff shall be entitled Subrogation of factoriz in, f to all the security which his debtor had for the debt or property attached.* creditor. * Equity wtill allow the creditor to maintain a bill for a disclosure and account, if necessary. 532 Conn., 238, 240. Chap. 2.] SERVICE OF MESNE PROCESS. 409 SEC. 38. No assignment of future earnings shall avail to prevent their As1874. Assignment of being attached, as a debt due to the assignor, when earned, unless it be itre learnOings recorded within forty-eight hours after its execution, in the town clerk's to prevent attachmeit. office in the town where the assignor resides, or if he reside without this State, in the town where the assignee resides. SEC. 39. WVhen any debt due, or to become due, to any person from an 1849. Foreign attachestate of a deceased person, in settlement as a solvent estate, shall be mentuagainlst execltor, adattached, the attaching creditor may, within the time limited for present- ministrator, or ing claims against such estate, present the debt so by him attached, to the solvency. executor or administrator, which shall be a sufficient presentment thereof. And when any debt due, or to become due, to any person, from an estate Proof of claim ahninst the of a deceased person represented insolvent, or from the estate of an in- estate by the attaching creclisolvent debtor, shall be attached, the attaching creditor may, within the tor. time limited for the presentment of claims against such estate, present the debt, so by him attached, to the commissioners on such estate, and may appear and be heard in relation thereto, and shall have the same right of review or appeal as the defendant; but such presentment and proof of any debt, by an attaching creditor, shall enure to his benefit alone, and shall not prevent such debt from being barred as against the original owner thereof, if not presented by him. SEC. 40. When a debt, evidenced by a negotiable promissory note, shall 1s)2. Notes taken by have been attached by process of foreign attachment, and the defendant foreign ttachmnet not. t:o be shall' have had actual notice thereof, he shall not negotiate or transfer negrotiated. such note during the continuance of the attachment lien; and, if he do so, shall be deemed guilty of fraud upon the attaching creditor, who, if he shall recover judgment in his original suit, may, within one year after its rendition, institute an action on the case against the defendant for such fraud; but the title of any bona ficle purchaser of such note for valuable consideration, without notice, and before maturity, shall not be affected by this section. SEC. 41. When any debtor or person, having in his hands the effects of 1854. till of interanother, shall refuse to pay such debt, or deliver such effects, on the ground pleader again t that he is the garnishee in a process of foreign attachment levied thereon, garnishee. the person, to whom such refusal of payment or delivery has been made, may institute his bill in equity, in the nature of a bill of interpleader against such debtor, the other parties in said process of foreign attachment, and any other parties in interest. The court before which such bill shall be brought shall have power to decide to whom such debt is due, or such effects belong, what disposition shall be made of the same, and all other matters connected with said proceeding that may be proper to do justice between the parties; and may make all proper orders relating to the payment into court, or the safe keeping of the fund, or other matter in controversy, and its payment or delivery to any of the claimants, upon the substitution of satisfactory bonds, and upon such other terms as the court shall order; and may, from time to time, require additional security for such fund. SEC. 42. The petitioner at any time after the service of such bill, and snb)stituting bond for propbefore the session of the court to which it is returnable, may apply to any erty attached. judge of such court for an order requiring the payment or delivery, by such garnishee, of such debt or effects, upon the substitution of a satisfactory bond therefor; and such judge shall have the same power in the 410 CIVIL ACTIONS. [Title 19. premises as the court to which such bill is brought. The costs of such application shall be subject to the order of such court. 1726. SEC. 43. Service of a process of foreign attachment on the garnishee Service on garnishee suffi- shall be sufficient notice to the defendant, if he be not an inhabitant of cient, when defen(lant is a this State, to enable the plaintiff to bring the action to trial.* non-resident. 1784. SEC. 44. In actions on joint contracts, the service of the process upon Service on joint contractors, such of the defendants as are inhabitants of this State shall be sufficient when part are non-residents. notice to maintain the suit against all the defendants.t 1853. 1ss8. SEC. 45. In any action brought against the president and directors of a Service on nonresident rail- railroad company for a forfeiture incurred under the provisions of Part IX oad directorsof Chapter II of Title XVII, service of the writ upon such of them as are inhabitants of this State, or as may be found therein by the officer serving the same, shall be sufficient notice to maintain the suit against all the defendants. 1805. SEC. 46. The several courts, other than Probate Courts, and the judges, 1868. 1870. Orders of notice clerks, and assistant clerks thereof, or any County Commissioner, in term to non-residents, or parties time or in vacation, may, except where it is otherwise specially provided whose residence is unknown. by law, make such order as may be deemed reasonable, in regard to the notice which shall be given of the institution or pendency of all petitions, writs of error, and appeals from Probate, which may be brought to or pending in any court, when the adverse party or any persons so interested therein that they ought to be made parties thereto, reside out of the State, or when the names or residences of any such persons in interest are unknown to the party instituting the proceeding; and, such notice, having been given and proved, shall be deemed sufficient service and notice; and the court may proceed to a hearing at the first term, unless otherwise provided by law, or may order further notice as it may deem reasonable. 1828. 1854. SEC. 47. When it would be necessary in any petition in equity to make 1871. 1874. Orders ofnotice the executor or administrator of a deceased person, if any, a party thereto, to representatives of de- and there shall be no such executor or administrator, and the petitioner ceased persons. shall set forth in his petition the interest of such deceased person, and in the citation make his " representatives and creditors" without other designation or description, a party thereto; or where a petition in equity is brought, relating to any interest in real estate belonging to or which may be claimed by the widow or heirs of any deceased person, and the petitioner or his attorney shall annex to the petition an affidavit, stating that the petitioner does not know who such widow, or heirs, or some of them are, or where they, or some of them reside; and shall insert in the citation accompanying the petition, as parties to be summoned in, " the widow and heirs" or, as the case may be, "the heirs" of such deceased person, without further describing the names or residences of any such parties, whose names or residences may be unknown to him; the court to which such petition shall be preferred, or any judge thereof in vacation, may make such order relative to the notice which shall be given, as shall be, by such authority, judged reasonable; and such notice having been given according to the order, and duly proved, the court may proceed to a hearing of the cause, * The judgment, if the defendant do not appear, will be good only as against the goods or debt attached. 2 Conn., 274; 22 Conn., 257. t This is true, although after such service the non-residents become residents. 1 Day, 141. Judgment may be rendered at the first term. 3 Conn., 474. Service on a non-resident, while temporarily here, is eufficient. 27 Conn., 9. Chap. 3.] BAIL. 411 at the first term, or afterwards as it deems proper; and any executor or administrator who may be appointed or qualified pending such proceedings, or any other person, claiming as widow or heir of such deceased person, may appear and defend in such suit; and all creditors and repre- Who may desentatives of such deceased person shall be forever concluded by the judgment or decree that may be rendered therein. SEC. 48. If an officer, to whom any process is directed, dies or is removed 1864. Death, removal. from office, after he has commenced to serve it, but before completing such or retirement o' officer before service, any other proper officer may complete the same. If the term of completing ~ervice., office of any officer, to whom any process is directed and who has commenced to serve it, expires before the completion of such service, he may 1868. nevertheless proceed to complete such service in the same manner and with the same effect as if he still remained in office. SEc. 49. Every officer who has commenced the service of any civil 1874. Completing sel process within his precincts may complete it without his precincts. vicerwithouttlit officer's precincts. CHAPTER III. Bail. SECTION SECTION 1. Bail to the officer. 6. Assignment of bail bond. 2. Special bail. 7. Rights of bail. 3. Bail during session of court. 8. Taking recognizance of surety without 4. Liability of bail; surrender. presence of principal. 5. Actions on bail bond. SEC. 1. All officers and indifferent persons serving writs of attachment 1784. Bail to the offishall take sufficient bail, when offered by any person arrested or held in cer. custody by them on such process; which bail shall be one or more inhabitants of this State, of sufficient ability to pay the judgment that may be recovered in the action, who shall become bound to such officer in a sufficient sum, conditioned for the appearance of the person so arrested before the court to which the writ is returnable; and the person arrested shall thereupon be liberated from arrest; and when the person so arrested Bail after commitment. shall be committed to jail, on mesne process, for want of bail, the sheriff having charge of the jail, at any time before the session of the court to which the writ was returnable, shall take sufficient bail as aforesaid, when offered, for the appearance of such person before. such court; and such bail being given, he shall be released from confinement.* SEc. 2. No defendant who has so given bail shall, while at large on bail, 1784. 1874. be admitted to appear and plead or defend, in such action, until he has in Special b said court, or before its clerk either in term-time or in vacation, given special bail, with sufficient surety as aforesaid, for his abiding final judgment in the cause, if the plaintiff require the same.t SEC. 3. When any defendant, committed to jail for want of bail to the 1784. Bail during' ses. officer, shall remain confined therein after the term to which the writ is re- sion of court. * Bail illegally required may be discharged by the court, on motion. 19 Conn., 545. Common bail is discharged by the arrest of the principal on execution. 1 Root, 374. t Plaintiff nmust require it before going to trial. 2 Root, 101. It may be taken to the plaintiff. Kirb., 12. Obligation of bail, extended by construction. 3 Conn., 318; 11 Conn., 108. Released by final, though erroneous, judgment for defendant. 1 Root, 102. 412 CIVIL ACTIONS. [Title 19. turnable, or when a defendant, committed to jail for want of special bail, shall remain confined therein after the sessiori of the court, and the action shall be continued, the sheriff, having charge of the jail, shall take bail when offered, with sufficient surety as aforesaid, for his abiding the final judgment that shall be rendered in the cause; and thereupon such defendant shall be released from imprisonment. Liability of bail. SEC. 4. Every surety on any such bail bond shall be obliged to satisfy the judgment in case of the principal's avoidance, and a return of non est Surrender. inventus on the execution, unless on or before the time of entering up final judgment he shall bring the principal into court, and move to be discharged; upon which the court shall order the keeper of the jail to receive him into custody, that his body may be taken on execution. No security to prosecute an appeal shall exonerate the special bail in the cause.* Actions on bail SEC. 5. The party in whose favor the judgment is given may have a writ b)o1(dII. of scire facias or other proper action on the bond against such surety, to recover the sum for which judgment shall be rendered against the principal, i170. with additional cost; and the surety shall have his proper action for indemInl(lemnity. nity against the principal. 1784. SEC. 6. The officer shall assign the bail bond to the plaintiff on his request, Assignment of biail bond. and no action shall be maintained against the officer who took the bail, unless he shall have taken insufficient bail, or shall refuse to assign the bail bond to the plaintiff on request.t Rights of bail. SEC. 7. Any bail or surety who has entered into a recognizance for the personal appearance of another, and shall afterwards believe that his principal intends to abscond, may apply to a justice of the peace in the county in which such principal resides, produce his bail bond, or evidence of his being bail or surety, and verify the reason of his application by oath or otherwise, and thereupon such justice shall forthwith grant a mittimus, directed to a proper officer or indifferent person of such county, commanding him forthwith to arrest such principal, and commit him to the jail of such county; and the keeper of such jail shall receive such principal, and retain him in jail until discharged by due order of law; and such a surrender of the principal shall be a full discharge of the surety upon his band or recognizance.1 1874. SEC. 8. The recognizance of any surety, as either common or special nizance of sure- bail, shall be binding upon him, though taken when the principal is not ty, when principat is absent. personally present. *The surrender of the principal must be entered on record. Kirb., 18, 19. t Officer need not assign till execution has been returned non est. S Conn., 3S7. $ The bail has a right to keep his principal in his custody. 3 Conn., 85, 421; 4 Conn., 170. And may pursue and retake him in another State. lbid. Discharge of bail under this section. 3 Conn., 421, 422. Chap. 4.] JURISDICTION AND VENUE. 413 CHAPTER I V. Jurisdiction and Venue. SECTION SECTION 1. Suits before justices of the peace. 10. Justice's suits, where brought. 2. Suits for between $100 and $500. 11. Suits by foreign corporations. 3. Suits for over $500. 12. Suits by non-resident executor or admin4. Foreclosure and redemption suits. istrator. 5. Manner of proceeding in equity. 13. Transfer of jury cases to another county. 6. Actions of account. 14. Transfers from Superior Court to Common 7. Suits involving title to lands, local actions; Pleas in New Haven county. others to be brought where parties 15. Appeals in justice's suits. live, &c. 16. Raising demand of damages, after appeal. 8. Petitions for partition or sale, where 17. Entry of appeals. brought. 18. City Courts. 9. Land lying in several counties or towns. SEC. 1. All causes of action at law, wherein the matter in demand does not 1872. exceed one hundred dollars, shall be heard and determined by a justice of the Justices' suits. peace, subject to the right of appeal, as hereinafter provided.* SEC. 2. All causes in equity wherein the matter in demand does not exceed 1869. 1872. 1874. five hundred dollars, and all causes at law wherein the matter in demand ex- Suits for beceeds one hundred dollars, but does not exceed five hundred dollars in amount otwee $100 and or value, shall be brought to the Court of Common Pleas, except in those counties where there is no such court; and in such counties such causes, except as is provided in the eighth section of this Chapter, shall be brought to the District Court, if there be one having jurisdiction over the same, otherwise to the Superior Court; provided that bills in equity for relief against any cause depending, or judgment rendered in the Superior Court, shall be brought to said court exclusively.t SEC. 3. All causes, wherein the matter in demand exceeds five hundred 1868. Suits for over dollars, shall be brought to the Superior Court, except that cases brought $5o0. in New Haven county in which the matter in demand exceeds five hundred dollars, but does not exceed one thousand dollars, may be brought either to the Superior Court or Court of Common Pleas. SEC. 4. In suits for the redemption or foreclosure of title of property 1868. 1874 Foreclosure and claimed to be subject to a mortgage or lien, the amount of the debt or liability redemption secured by such mortgage or lien, as described in the mortgage or certificate suits. of lien, shall be deemed to be the amount of the matter in demand. SEC. 5. Courts, having jurisdiction of suits in equity, shall proceed 1778. 17S0. 1782. 1784. therein according to the rules and practice in equity, and take cognizance Manner of proceeding in only of matters in which adequate relief cannot be had in the ordinary equity. course of law; shall keep records of their proceedings, and may enforce *Jurisdiction of civil causes was first conferred on justices of the peace in 1702. being confined to matters not involving the title to land, nor a value of over forty shillings. In 1767, the peculiary limit was made five pounds; in 1795, thirty-five dollars; in 1853, fifty dollars; in 1867, one hundred dollars in all contract actions; and in 1872S, one hundred dollars in all actions. The restrictions as to cases concerning the title to land was in 18562 narrowed to a prohibition of jurisdiction over actions of disseisin, and in 1872 was wholly removed. f The " matter in demand " is determined by the demand in the declaration. 3 Conn., 55; 2 Root, 42; 7 Conn., 498. Unless the declaration on its face fails to support the demand. 2 Root, 137; 18 Conn., 217; 35 Conn., 548; 39 Conn., 135. Uniting several small demands will not give jurisdiction. 16 Conn., 38. Nor oust it. 36 Conn., 391. A note for an amount beyond the jurisdiction may be brought within it, by part payment. 1 Root, 432; 32 Conn., 201, note. Demanding a sum beyond the jurisdiction is a fatal defect. 32 Conn., 206. The County Courts, which existed from the establishment of counties to 1855, where in the Revision of 1750, and in all subsequent ones down to that of 1808 inclusive, styled " Courts of Common Pleas, or County Courts." 29 414 CIVIL ACTIONS. [rEitle 19. their decrees by granting execution as in actions at law, or in any other manner proper for a court of equity.* 1855. SEc. 6. Courts of equity shall have jurisdiction of all suits, to compel the Actions of account. rendition of an account; but this shall not prevent the bringing of an action of account, at law, in all cases where such action would lie. 1702. SEc. 7. All suits wherein the title to land is to be tried and determined,t 1750. 1872. Suits involving and all actions of trespass quare clausurmfregit, shall be brought and tried in the title to land, where brought. county, and if brought before the District Court, in the district, and, if brought before a justice of the peace, in the town, where the land lies; and all other Other actions. actions, if brought before the Superior Court or Court of Common Pleas, shall be brought in that county, and, if brought before the District Court, in that district, and if brought before a justice of the peace, in that town, where the plaintiff or defendant dwells, if they, or either of them, are inhabitants of this State; but if neither of them is an inhabitant of this State, the action shall be brought in the county, or, if brought to the District Court, in the district, or if brought before a justice of the peace, in the town, where the defendant is when the suit is commenced, or, if the defendant is not within the State, where the estate is which is attached; provided that any suit brought by an inhabitant of this State, residing without the Judicial District of Litchfield County, may be brought in any Superior Court or Court of Common Pleas, which would have jurisdiction of such suit, if there were no District Court in said district. 1848. 1872. SEC. 8. All petitions for the partition or sale of any estate shall be brought Petitions for partition orsale, in the county, or if brought to the District Court, in the district, where the where brou parties, or some of them, reside; but, if none of them reside in this State, then in the county, or, if brought to the District Court. in the district. where the estate, or some part of it is. 1i63. SEC. 9. All suits involving the title to land, or of trespass to land, when Land lying in severalcounties such land consists of an entire tract or farm of land, lying partly in two or or towns. more counties, may be brought in either county; and if any such action is brought before a justice of the peace, and such tract or farm of land lies in two or more towns, it may be brought in either town. 1726. SEC. 10. The plaintiff may bring his suit before a justice of the peace in Jlustices' suits, where brougk.t. any town next adjoining that in which either of the parties dwells, when there is no justice of the peace in any town in which either of the parties dwells, before whom it can lawfully be tried;~ and if, in a suit in which the title to land is to be determined, or of trespass quare ciausumfregit, there be no justice of the peace in the town, or if the tract or farm of land lies in two or 1863. more towns, and there be no justice of the peace in either town, who can lawIf all the justices in the town fully try the same, such suit may be brought before a justice of the peace in a are disqualified town next adjoining the town or one of the towns in which the land lies. *The remedy at law must be obvious and complete. 11 Conn., 121; 21 Conn., 405; 31 Conn., 2,37. And against the same party. 3 Conn., 135; 21 Conn., 499; 3 Blatchf., 24. An objection to the jurisdiction on this ground may be treated as waived, unless pleaded. 10 Conn., 276; 21 Conn., 498. In no case, does it make the decree void. 30 Coln., 435. The statute, however, gives this objection more force, than it has in ordinary Courts of Equity. 23 Conn., 431; contra, 30 Conn., 435. And the court may on its own motion dismiss the bill for this cause, after a hearing on the merits. 40 Coln., 484. Equity will not ordinarily interfere in matters of Probate jurisdiction. 8 Conn., 280, 281; 9 Conn., 182. Equity pleadings. 6 Conn., 207; 7 Conn., 500; 1 Conn., 168. t Title to land not in question in foreclosure suit. 6 Conn., 198. Nor in action for mesne profits. 1 Day, 263. I Suits against corporations may be brought where any stockholder lives. 13 Conn., 202. ~ Such'next adjoining" town may be in another county. 14 Conn., 394. The justice may adjourn the trial to a town where either party dwells, if he returns to his own to render judgment. IRid; 5 Day, 117. Chap. 5.] PARTIE', AN-D APPEAiiRANCE. 415 SEC. 11. All actions brought by any corporation incorporated by the laws 1853. of any other State, or foreign government, against one or more of the inhabi- corporation. tants of this State, shall be made returnable to a justice of the peace, in the town in which the defendant or one of the defendants resides, or to the Superior Court, Court of Common Pleas, or District Court, in the county in which such tow-n is situated; but any corporation incorporated under the laws of the IJnited States, and located in any town in this State, may sue before the same courts in which any inhabitant of such town may sue. SEC. 12. When in any suit, brought by an executor or administrator, the s185. plaintiff shall not be a resident of this State, the same court shall have juris- Suits by nondiction as would have, if the plaintiff resided in the town where the Court of tor or administrator. Probate, which granted administration, is holden. SEC. 13. The judge holding any term of the Superior Court or Court of s187. Transfer of jury Common Pleas may,'if, in his opinion, the cause of justice require it, upon cases to another motion, order any civil cause which has been put to the jury, pending in said county. court, to be transferred to the same court in any other county; and thereupon the clerk of the court, in which such action is pending, shall transmit to the clerk of the court to which such cause is transferred the original files and papers in said cause, with a certificate of such transfer; who shall enter said cause in the docket of said court to which it is so transferred for the next civil term; and said cause shall thereafter be proceeded with in the same manner as if it were originally brought to such court; nor shall any attachment, bond, recognizance or other security, or obligation, be affected by such transfer; but all persons, bound to appear in said cause, shall be held to appear before the court to which it is transferred, as if said obligation were so originally made; and the judge ordering such transfer may. if he think fit. require additional bonds for appearance before said court. SEC. 14. All suits which were pending in the Superior Court in New 1874. Haven county on the fourteenth day of August, 1874, in which the matter Transfer of in demand does not exceed one thousand dollars, may, at any time, by S'pC on urt order of said Court or consent of counsel, be transferred to the Court of Pleas in C ew Haven County. Common Pleas in said county, which shall thereupon have jurisdiction over the same. SEC. 15. In all civil actions, except those of summary process, brought be- 87 183. fore a justice of the peace, an appeal from any judgment rendered therein, Appeals in justices' suits. upon any issue, may be had and allowed to either party, to the next Court of Common Pleas in the county in which such judgment is rendered, or if there be no such court in said county, then to the Superior Court in said county, unless such judgment be rendered within the Judicial District of Litchfield County, in which case such an appeal shall be taken to the next District Court in said district; but no appeal shall be allowed until the party appealing shall become bound to the adverse party, in such sum as the justice of the peace shall order, in a recognizance, with a sufficient surety, conditioned to prosecute such appeal to effect.* * Appeals from judgments of justices were originally (in 1702) made cognizable by the County Courts. In 1717, an appeal was refusecl hen the judgmlent did not exceed ten shillings; and this limit was extended to seven dollars in 1795, at which it stood until 1853, when it was removed entirely. On the abolition of County Courts, in 1855, appellate jurisdiction was transferred to the Superior Court. In 1866, justices were allowed to summon in a jury of six, and appeals were denied from judgments rendered on verdicts for less than thirty-five dollars, or from those rendered without a jury for not over five dollars. This Act was held constitutional. 34 Conn.. 54-56. In 1868, an appeal was allowed in most cases involving title to, or easement in, real estate, and in all, where the matter in demand exceeded fifteen dollars. On the organization of the Courts of Common Pleas, they were made the 416 CIVIL ACTIONS. [Title 19. 1847. 1874. SEC. 16. The plaintiff in any such appealed action may amend his writ and Raising demand of damages after declaration, after the entry of the cause in the docket of the appellate court, by appeal. raising the damages alleged or demanded to not over five hundred dollars. 178s4. 1866. SEC. 17. All appeals from judgments of justices of the peace may be enpeals. of p- tered by the appellant before the second opening of the court, without costs; and at any time afterwards during the same term, unless previously entered by the appellee, on paying to the appellee his costs up to such time, including the expense of a copy, if procured for the purpose of entering the appeal, which shall not be refunded however the cause may be eventually determined. The appellee may, after the second opening of the court, at any time during the same term, enter said appeal, if not previously entered by the appellant, and have the judgment of the court from which the appeal was taken, affirmed with additional costs. Such judgment may, at the discretion of the court, be set aside, on motion of the appellant at any time during the same term, on payment to the appellee of all his costs up to that time, including the expense of the copy; and the appellant may, on making such payment, prosecute such appeal, as if he had entered it himself. 1872. SEC. 18. The provisions of this Chapter shall not affect the jurisdiction City Courts. of any City Court. CHAPTER V. Parties, and, Appearance. SECTION SEcTION 1. Actions by successors of public officers. 12. Joinder of husband in all suits by or 2 Corporations may sue and defend. against wife. 3. Member of community, defending suit 13. Nonsuits. against it, to file bond of indemnity. 14. Withdrawal of action in vacation. 4. Suit by corporation on security taken to 15. Record of name of attorney of non-resione of its officers. dent plaintiff. 5. Counties may sue and defend. 16. Judgment by default. 6. Suit by assignee of chose in action. 17. Defence by creditor of the defendant. 7. Voluntary associations may sue and be 18. Continuance if the defendant be or live out sued. of the State; if finally defaulted, bond 8. Suit by one joint tenant or tenant in com- of indemnity required: land taken in exmon. ecution not to be aliened for a year. 9. Suits against married women. 19. Defence by garnishee. 10. Suits on contracts of husband and wife. 20. Continuance of justice suits if the defend11. Suits by married women. ant be or live out of the State. 1848. SEC. 1. When any public officer shall die, or in any way go out of Action by successors of pub- office, all actions which shall, or would have accrued to him in his official lic officers. capacity, may be brought by his successor. 1705. 1821. SEC. 2. Towns, societies, communities, and corporations, may commence Corporations may sue and de- and prosecute civil actions, and may appear and prosecute by their agents or fend. attorneys, and may in like manner defend in all actions brought against them, and may appoint agents to appear in their behalf, and employ attorneys in such actions.~ appellate courts, when practicable, and in 1871 appeals were allowed in all cases, except in summary process, in which they have always been denied. The requirement of a bond with surety may be waived by the appellee. 22 Conn., 106. And is waived unless pleaded in abatement. 23 Conn., 175. An appeal vacates the judgment of the justice. 15 Conn., 524. Even if the appeal is not entered. Ibid. The defendant may plead in the appellate court any plea not waived below. 19 Conn., 484; 31 Conn., 446. *This includes school districts. 10 Conn., 390. Suit by part of a society, under special authority. 2 Day, 259 Description of town, as plaintiff. 3 Conn., 1. Selectmen may sue for town without special authority. 19 Conn., 331. Chap. 5.] PARTIMS AND APPEARANCE. 417 SEC. 3. When, in an action against a community, any individual mem- 1849. Member of comber of it shall appear to defend, he shall procure bond with surety to the munity defending suits against acceptance of the court in which the action is pending, to save such com- it to file bond of indemnity. munity harmless from all costs which may arise by reason of such appearance; which bond shall be payable to such community, and filed in said court; and if such individual shall successfully defend against such action, he shall be entitled to the costs recoverable from the plaintiff, unless the community likewise appeared, and incurred the costs of such defence.* SEC. 4. When any bond, note, or other security, is taken to any officer 1833. Suit by corporaof a community or corporation in this State, wherein the beneficial interest tion on security taken to one of belongs, or, on the face of such security, appears to belong, to such community its officers. or corporation, any action to recover or enforce the same may be maintained by such community or corporation in its own corporate name. SEC. 5. Counties may commence and prosecute civil actions in the name of 1823. Counties may their treasurer, and may appear by agent or attorney in any suit in favor of or sue and defend. against them.t SEC. 6. The assignee and equitable and bona fide owner of any chose in 1864. Suit by assignee action, not negotiable, may sue thereon in his own name; but he shall, in his of chose in declaration, allege that he is the actual, bona fide owner thereof, and set forth when and how he acquired title thereto. SEC. 7. Any number of persons associated together as a voluntary associa- 1864. 1867. Voluntary assotion, not having corporate powers, but known by some distinguishing name, ciations may sue and be sued. may sue and be sued, and plead and be impleaded by such name. SEC. 8. Any joint tenant or tenant in common of land may maintain an 187i2. Suit by one action in his own name for any injury thereto; but the non-joinder of the other joint tenant or tenant in corntenants may be shown by the defendant in reduction of damages, and the plain- mon. tiff shall only recover for the damage to his interest. SEC. 9. Actions may be sustained against a married woman, upon any 18s65.1s72. causes of action which accrued before her marriage, and upon any contract Suits against married women. made by her since her marriage upon her personal credit, for the benefit of herself, her family, or her separate or joint estate, and for any tort committed by her, without the actual coercion of her husband, and her property attached and taken on execution in the same manner as if she were unmarried; and her husband shall not be liable upon any of said causes of action.~ SEC. 10. When a married woman shall enter into a contract jointly with 1869. 1873. Suits on conher husband for the benefit of her estate, or their joint estate, they may be tract of husband and wife. jointly sued upon the same, and her property attached or taken on execution, in the same manner as if she were unmarried. SEC. 11. When a married woman shall carry on any business, and any Sui869. 873. Suit by married right of action shall accrue to her therefrom, she may sue upon the same, as if woman. she were unmarried. SEC. 12. In any civil action by or against a married woman, her husband 1873. Joinder of husmay be joined, with her, as a co-plaintiff or co-defendant, as the case may be; band in all suits by or against wife. *Ally inhabitant of a town can. appear to defend in an action against it. 19 Conn., 331. Bond not required when a party aggrieved remonstrates against acceptance of report of committee on highway petition. 27 Conn., 424. It Counties not liable to suit. 1 Root, 158; 2 Root, 30: 12 Conn., 404. I As to who may sue under this section, see 36 Conn., 55, 296; 39 Conn., 375. It does not preclude suit in name of assignor. 39 Conn., 349. ~An action lies on a wife's note given to pay for improving her real estate. 40 Counn., 225. And on contracts made before the statute was passed. 40 Conn., 463. II The business must be a contiuingr and substantial one. 40 Conn., 117. 418 CIV\IL ACTIONS. [Title 19. and when so joined, if a cause of action is found to exist in favor of or against one of them only, a judgment or decree shall be rendered accordingly; and in such cases, no costs shall be taxed for such husband or wife in favor of whom no cause of action is found, nor against such husband or wife against whom no cause of action is found.* 1650. SEC. 13. If the plaintiff, in any action returned to any court, and entered Nonsuits. in the docket, shall not, on or before the opening of the court on the second day thereof, appear, by himself or attorney, to prosecute the action, he shall be nonsuited; and if the defendant shall appear, he shall recover costs from the plaintiff; and the plaintiff in any action may withdraw it, or become nonsuit before the jury have given in their verdict, in which case he shall pay costs to the defendant, if the defendant shall appear.t 1848. SEC. 14. The plaintiff in any civil action, returnable to the Superior Court, 1869. 1872. Withdrawal of Court of Common Pleas, or District Court, and returned to its clerk or to actions in vacation. his office, may withdraw it in vacation, by filing in such office a written notice of the withdrawal, signed by himself or his attorney, specifying the action withdrawn, and the time of withdrawal. The clerk shall enter such action upon the docket of the court, at its next term, with a note of the withdrawal, and of its date. If such term be that to which such action was originally brought, and the defendant shall, within the first three days of Entry for costs. said term, enter his claim forcosts, or if it be not the first term, and he had 874. already appeared to defend, a judgment of nonsuit shall be thereupon entered against the plaintiff; but no costs, except for travel and attendance, shall be allowed which accrued after his giving the defendant or his attorney actual notice of the withdrawal, in writing; unless good reason therefor shall be shown to the court.1 1726. SEC. 15. In all actions brought by one who is not an inhabitant of this Record of name of attorney of State, the clerk of the court shall enter in the record of the cause the name non-residlent plaintiff. of the attorney by whom such plaintiff appeared; which record shall be evidence that such attorney was the lawful attorney of the plaintiff.~ 1713. 1762. SEC. 16. When any process is duly served on any defendant, and returned Judgmient by deflault. to court, if he do not appear on or before the second day of its session, judgment by default may be rendered against him.ll 1846. 184s. SEC. 17. In any action where property has been attached, any person may I)cfnce bya cleditor (of the appear and defend in the name of the defendant, upon filing in the court an defetllant. affidavit that he is a creditor of the defendant, and has good reason to believe, and does believe, that the amount, which the plaintiff claims, was not justly due at the commencement of the suit, and that he is in danger of being defrauded by a recovery by the plaintiff, and upon giving bond, with surety, to the plaintiff, in such amount as the court shall approve, for the payment of such costs as the plaintiff may thereafter recover; and if the plaintiff shall recover his whole claim, costs shall be taxed against the defendant to the time of * In an action against a married woman, the ground for suing her must clearly appear. 4 Conn. 194. Costs recovered by husband and wife, in an action to recover her lands, are not his solely. 35 Conn., 223. The Act of 1873, allowing the joinder of husband and wife in all cases, was not retrospective. 40 Conn., 472. tAfter a nonsuit, the cause cannot be re-instated without notice to, or consent of, both parties. Kirb., 361. Entry for costs to be made during the term. Id., 269; 35 Conn., 4. Proof of withdrawal. 14 Conn., 174. Petition cannot be withdrawn after judgment pronounced. Kirb., 273. But may be after report of committee is known, though not filed. 25 Conn., 136. $A suit before a justice of the peace cannot he withdrawn, before it is returned. 29 Conn., 519. ~ An objectionl that the attorney ap)pears witlhout authority must be taken early. 2 Root, 348. II The judgment should be entered at the first or second term. 17 Colin., 537. It may be opened on terms. 38 Conn., 497. It admits a cause of action, hut nothing more. 26 Conn., 436; 33 Conn., 250, 34i6. Chap. 5.] ABATEMENT. 419 the appearance of such creditor; and for the residue of the costs, such creditor shall be liable upon his bond: if only a part of the plaintiff's claim shall be recovered, the whole costs shall be taxed against the defendant, and the creditor shall not be liable for the same; if judgment shall be rendered in favor of the defendant, costs shall be taxed in his favor against the plaintiff, but the court may order that the judgment and execution therefor shall belong to such creditor. No creditor so appearing shall be permitted to plead in abatement, nor to plead or give in evidence the statute of limitations, nor that the contract was not in writing, according to the requirements of the statute, nor any other statutory defence consistent with the justice of the plaintiff's claim. SEC. 18. When the defendant, in any action brought to the Superior rr02. Court, Court of Common Pleas, or District Court, is an inhabitant of this 179. 1784. Continuance if State, and absent from the same, at the time of the commencement of the suit, defendant be or and does not return before the first day of the sitting of the court, such suit live out of the shall be continued to the next term; when, if the defendant does not return or appear by attorney, and is so remote that notice of the suit could not have been conveyed to him, such suit may be continued to the next term;.and if he does not then appear, judgment by default may be rendered against him; but if he is not an inhabitant or resident of this State at the commencement of the suit, and does not appear and answer to the suit by himself or attorney, then the court shall continue it to the next term, and may direct notice of the suit to be given to the defendant, by publication in some newspaper or otherwise, as it may judge expedient; and if he should not then appear by himself or attorney, and be so remote that it is not probable that he has received notice of the pendency of the suit, the court shall again continue the suit to the next term; and if he does not then appear, may render judgment against him on default; and when judgment shall be entered up against him on default, after Bond of indemsuch continuances, execution shall not issue thereon until the plaintiff shall njtJyti case of have lodged with the clerk of the court a bond to the adverse party, with one or more sufficient sureties, in double the amount of such judgment, to refund the whole, or such part of it, as the court, upon a writ of error, or petition for a new trial, to be brought within one year after such judgment, shall adjudge that the plaintiff had no right to recover; and no real estate, taken by an Land taken on execution granted on such judgment by default, shall be aliened or conveyed execution not to till after the expiration of twelve months from the rendition of such judg- year. ment, or till after a decision in favor of the original plaintiff, upon a writ of error or petition for a new trial brought within said year.* SEC. 19. In all suits by foreign attachment, if the defendant does not ap- 1726. pear, any garnishee may be admitted to defend his principal; but if the Defence by gardefendant is not in this State, and does not appear, by himself or attorney, and the garnishee does not appear to defend, the court shall continue the action to the next term, and may order notice of the suit to be given by publication in some newspaper, or otherwise, as it may think proper; and if the defendant should not then appear, the court may, if it judge proper, order the action to be continued once more, to give an opportunity to notify the defendant of the pendency of the suit; and then, unless some special matter be alleged for further delay, the cause shall come to trial; but when the action is brought before a justice of the peace, in case the defendant shall not be in this * No bond is necessary if the defendant returns and has notice of suit before second term. 8 Conn. 115, 116. 420 CIVIL ACTIONS. [Title 19. State, and no attorney or garnishee appears to defend, such justice of the peace shall adjourn the cause for not less than three, nor more than nine months; and then, unless special reasons be given for a further delay, such action shall come to trial.* Cl21. SEC. 20. Every action brought before a justice of the peace, if against an Continuance of justice's suits if inhabitant of the State, who is absent at the commencement of the suit, and defendant be or live out of the does not return before the trial, shall be adjourned a reasonable time, not less than one month, nor more than nine months, to give an opportunity for him to return or to send notice to him; and if the defendant is not an inhabitant or resident of this State, and actual notice is not given to him, the action shall be adjourned for not less than three nor more than nine months. CHAPTER VI. Abatement. SECTION SECTION 1. Circumstantial defects. 10. Suits by or against executor or adminis2. Amnendment after plea in abatement is trator. sustained. 11. Death of appellant, pending Probate ap3. Judgment on issue in fact in abatement, peal not conclusive. 12. Actions of disseisin. 4. In actions against partnership, citing in 13. Successor of public officer may enter. partners not named in writ. 14. Amendment of process between signing 5. Marriage of feme sole plaintiff. and service. 6. Death of party. 15. Process served by officer before giving 7. Death of co-plaintiff or co-defendant. bond. 8. What actions of tort survive. 16. Process drawn by officer. 9. What rights of action for torts survive. 1672. SEC. 1. No writ, pleading, judgment, or any kind of proceeding in court Circumstantial defects. or course of justice, shall be abated, suspended, set aside, or reversed for any kind of circumstantial errors, mistakes, or defects, if the person and the cause may be rightly understood and intended by the court.t 1724. SEC. 2. If any plea in abatement of any process be ruled in favor of the 1750. 1784. Amendment af- defendant, the plaintiff may amend the defect on paying to the defendant his terplea in abateInent is sus- cost to that time; and in case the defendant appeal from a judgment rendered tained. by a justice of the peace on a plea in abatement, and shall not make good his plea by the judgment of the appellate court, he shall pay costs, and execution shall issue against him for the same, although the cause shall finally be decided in his favor. 1845. SEC. 3. Upon the trial of any issue in fact joined upon a plea in abateJudgment on issue in fact in ment in a civil action, the finding of the court or verdict shall not preclude the abatement not conclusive. parties from contesting the cause upon its merits; and, if in favor of the plaintiff, the defendant may answer over to the action, or plead any legal plea which he may deem necessary for his defence. 1837. SEC. 4. If the plaintiff, in any action brought against a copartnership by In action against partner- the copartnership name alone, shall amend the writ by inserting the name of ship, citing in partners not named in writ. * An appearance by garnishee will not justify a judgment at the first term. Kirb., 377. A garnishee, who defends, may retain for costs, from the funds factorized. 2 Root, 250. t This section was originally enacted as a separate Act, applicable both to civil and criminal procedure, and so remained until the Revision of 1821, when it was incorporated into the present Title. It does not affect the right to demur. 40 Conn., 158. It will help out a plea in abatement. 34 Conn., 180. Pleas in abatement in the inferior courts must be filed at an early stage. 21 Conn., 510. Chap. 6.] ABATEMENT. 421 any person as defendant, upon whom service of the writ has not been made, or if the defendant or defendants, upon whom service has been made, shall plead in abatement the non-joinder of any other person or persons as defendants, or if such defendant or defendants upon whom service has been made, or his or their attorney, shall file in court an affidavit that there is a person not named as a defendant in the writ, belonging to such partnership, the court may, if the plaintiff do not take issue upon such plea, or deny the truth of such affidavit, continue the cause to the next term, and order process of summons or attachment to issue under the hand of the clerk of the court against such person or persons, returnable at its next term, to make such person or persons parties to such action; which being served as other process, such person or persons shall be parties to said action in the same manner as if served with the original writ at the commencement of the suit, and shall have the same right to plead in abatement, or to make any other plea or motion, which they would have had, if originally made parties to the action; and in case of any such action before a justice of the peace, he may continue the cause a suitable time, and issue process as aforesaid, under his hand, to make such person or persons parties defendant to such action; which process having been served at least six days before the time to which the cause stands continued, and returned to such justice, such person or persons shall be parties to such action. SEC. 5. No action commenced by a single woman shall abate on account 1801. of her marriage, but the husband shall appear in court and cause such mar- feme Sole plainriage to be suggested on the record, and he may then proceed in the same tiff. manner as if the suit was commenced after such intermarriage.* SEc. 6. When the plaintiff in any action shall die before final judgment, 1753. such action shall not abate, if it might originally have been prosecuted by his Death of party. executor or administrator, and in such case the executor or administrator may enter and prosecute the suit; and if the defendant in any action shall die before final judgment, it shall not abate, if it might originally have been prosecuted against his executor or administrator, and the plaintiff, or his executor or administrator, may have a writ of scire facias against the executor or administrator of such deceased defendant, to show cause why judgment should not be rendered against him, which being served at least twelve days before the sitting of the court, to which the same is returnable, and returned, the action shall proceed to final. issue. SEC. 7. If there be two or more plaintiffs or defendants in any action, one Death of coor more of whom die before final judgment, if the cause of action survive to elndant. ( or against the survivors, the action shall not abate, but, such death being suggested on the record, the action shall proceed. SEC. 8. No action to recover damages for injury to the person, reputation 1836. 18is. What actie,:s of or property of the plaintiff, or to the person of his wife, child or servant, shall tort survivc. abate by reason of his death; but his executor or administrator may enter and prosecute the same in the same manner as is provided by law in other actions; and if there be two or more plaintiffs, and one or more of them shall die beIHusband must enter at next term after marriage. 15 Conn., 567. t Executor should enter at first term, if practicable. 8 Conn., 235. An action may survive as to some counts, and not as to the others. 27 Conn., 28. A naked legal right may survive, though the executor could take no beneficial interest. 8 Conn., 23,. The equity of this section covers wri' oAi error. 5 Day, 338. Waiver of scirefaciaes. tZiJ. 422 CIVII, ACTIONS. [Title 19. fore final judgment, such action shall not abate, but, such death being sug. gested on the record, the action shall proceed.* 1848. SEC. 9. All actions for injury to the person, whether the same do or do YWhat rights of action for torts not instantaneously or otherwise result in death, to the reputation, or to the survive. property, and actions to recover damages for injury to the person of the wife, child or servant of any person, shall survive to his executor or administrator; provided the cause of action shall not have arisen more than one year before the death of the deceased; but all damages for an injury resulting in death, recovered in an action brought by any executor or administrator, shall enure to the benefit of the husband or widow and heirs of the deceased person, 1872. 187s. after deducting the costs and expenses of suit, as follows: half to the husDistribution of damages recov- band, or widow, and half to the lineal descendants of the deceased, per ered. 1hstzirpes; but if there be no descendants, the whole shall go to the husband or widow, and if no husband or widow, to the heirs, according to the law regulating the distribution of intestate personal estate.t 1874. SEC. 10. In any suit by or against an executor or administrator, as such, Suits by or againstexecu- in case of his death, his successor in office may enter and prosecute, or be tots or administrators. cited in to defend it. Death of appel- SEC. 11. If pending any appeal from Probate, the appellant die, his execuiant, pending Probate appeal. tor or administrator may enter and prosecute it. 1849. SEC. 12. No action of disseisin shall abate by reason of the death of the Actions of disseisin. plaintiff, but the executor or administrator may enter and prosecute the action in the same manner as is by law provided in regard to other actions, and recover judgment, if the action be sustained, for the benefit of those entitled to the estate. 1848. SEC. 1 3. The successor of any public officer, or of the trustee of any estate Successor of public officer in settlement, in whose name as such officer or trustee a suit may be pending, lnay enter. may enter and prosecute the same in his own name, in the same manner as his predecessor might have done had he continued in office.$ 1854. SEC. 14. No process in any civil action shall abate, on account of any Amendment of process after alteration thereof between the signing of such process and its service. iSS ue. 18fi5. SEC. 15. Any process in any civil action, served by any officer, before he No bond given liy otihcer. shall have given the bond required by law, shall abate. 1750. SEC. 16. Every process, declaration or petition, drawn or filled up by a Process drawn Pb officer, sheriff, deputy sheriff, or constable, except in his own cause, shall abate. * Death of plaintiff after verdict will not prevent rendition of judgment, though the action can not survive. 1S Conn., 207, 208. t No action lay at common law, for causing death. 25 Conn., 272, 273. Where death is not instantaneous. the damages may include the pain suffered. 29 Conn., 496. $ Entry by judge of Probate. 17 Conn., 105. Chap. 7.] PLEADINGS, AND SET-OFF. 423 CHAPTER VII. Pleadings, and Set-off. SECTION SECTION 1. Charters pleaded as Public Acts. 12. Pleading over after demurrer overruled. 2. Complaints for penalties under Private 13. Set-off. A cts, or by-laws. 14. Set-off in suit by assignee of chose in ac3. Joinder of counts in contract. tion. 4. Joinder of counts in tort. 15. Claim of set-off to an amount beyond ju5. Actions for settlement of partnership ac- risdiction of court: transfer of cause. counts. 1ll. Failure of defendant to complete trans6. Suits on Probate bonds. fer: costs. 7. Signature of bills in equity. 17. Set-off in actions of trespass and case. 8. Courts may establish rules of pleading. 18. Bill in equity for a set-off: debts denied 9. Notice of denial of execution of contract. by plaintiff. 10. General issue and notice. 19. Double rejoinders in actions for breaches 11. Double pleading. of conditions. SEC. 1. All Acts of incorporation passed by the General Assembly may be c 18t 1 Charters declared on or pleaded as Public Acts. pleaded as Public Acts. SEC. 2. In all complaints or other processes for an offence against a Private 18fi9. Comiplaints for Act, or an ordinance, or by-law of any town, city, or borough, it shall be suffi- offences iiunder Private Acts, or cient to set forth the offence in the same manner as in case of offences created by-laws. by a Public Act. SEC. 3. Counts in assumpsit, debt, and covenant, may be joined in the 18 35. 1836 1868. Joinder of same declaration. counts in contract. SEC. 4. Counts in trespass, trespass on the case, and trover, may be joined Jis5. 1s874. in the same declaration. colunts in tort. SEC. 5. The action of general assumpsit shall be a concurrent remedy with 1867. Forms of action the action of account for the settlement of all partnership accounts, where the fol settlmcit. of partnershlil) partnership consists only of two persons; and in all such cases counts in accounlts. assumpsit may be joined with counts in account. SEc. 6. In all actions upon bonds taken in a Court of Probate, the plaintiff 1848ts. Suits on IProshall aver in his declaration or replication for whose special benefit the action bate bonds. is prosecuted, and how such persons are interested in the same, and how the act or neglect of the defendant has injured their rights or affected their interests; and the judgment which shall be rendered in any such case shall not, in any future proceedings, by scire facias or otherwise, bar or conclude the rights of other persons interested in the bond. SEC. 7. All bills and petitions in equity shall be signed by the party, or his 1821. Sicunatere of attorney.* bills in equity. SEC. 8. The parties shall make their pleas and join issue according to the 1709. 1750. 1S21. rules and orders of the court, and if the plaintiff shall refuse to obey the order Courts may ltstablish rules of of the court in pleading, he shall be non-suited; and if the defendant will not plead ig. make his plea or join issue, judgment may be rendered against him upon nihil cldcit. SEC. 9. In actions upon any written instrument or recognizance, claimed Notice o1848. d to have been executed or entered into by the defendant, and described or re- nial of execution of contract. cited in the declaration, the plaintiff shall not be required to prove its execution or delivery, unless the defendant, at the time of pleading, shall file notice in writing that he denies such execution or delivery.t * They need not be sworn to. 5 Conn., 356; 6 Conn., 426. - This does not dispense with the production of the instrument. 39 Conn., 80. Nor prevent proof of alteration, since execution. 31 Conn., 170. 424 CIVIL ACTIONS. [Title 19. s184. SEC. 10. In all actions at law the defendant may deny the truth of the General issue, and notice. plaintiff's declaration, in words substantially as follows: "The defendant denies the truth of the matters contained in the plaintiff's declaration, and puts himself on the court (or jury, as the case may be,) for trial;" under which general issue the plaintiff shall be bound to prove the material facts alleged in his declaration, except as provided in the preceding section; and the defendant may give his title in evidence, or any special matter of defence and justification, according to the nature of the action; but the defendant shall not so give in evidence any matter in avoidance, or any defence consistent with the truth of the material allegations in the declaration, unless at the time of pleading he shall file notice thereof in writing, stating in general terms, without unnecessary prolixity, and in a manner intelligible to a person of ordinary understanding, the true ground and substance of the defence relied upon.* D 18l. SEC. 11. The defendant in any suit may plead, by special leave of the Double pleading. court, as many several matters by distinct pleas as he shall think necessary for his defence. If any such matter or plea shall, upon demurrer joined, be deemed insufficient, costs may be given to the plaintiff at the discretion of the court, though the other issue or issues may be decided in favor of the defendant. If a verdict shall be found on any issue joined in the cause in favor of the plaintiff, costs shall be allowed to him, though on some other issue the defendant should be entitled to judgment, unless the court which tried such issue shall be of opinion that the defendant had probable cause to plead such matter which has been so found against him; In replevin. and in actions of replevin, where the defendant makes avowry, the plaintiff may plead double, in the same manner as the defendant in other cases, and shall be governed by the samne principles. 1872. SEC. 12. In all civil actions, upon the overruling of a demurrer, the Pleading over, after demurrer party may plead over, and he shall not, by reason thereof, be liable to overruled. pay costs, unless the court shall be of opinion that the demurrer was not filed in good faith. 1821. 1868. SEC. 13. In all actions brought for the recovery of a debt, if there shall Set-off. be mutual debts between the plaintiff or plaintiffs, or either of them, and the defendant or defendants, or either of them, one debt may be set off against the other; and such matter may be given in evidence under the general issue, with notice in writing, given at the time of filing such plea, of the debt intended to be set off, and on what account it has become due; or it may be pleaded in bar; and the plaintiff may, with leave of the court, reply double to such plea of set-off. No debt claimed by assignment shall be set off, unless the plaintiff had notice, at the commencement of the action, that such debt was due to the defendant. If it shall appear upon the trial that the plaintiff is indebted to the defendant, the court shall give judgment for the defendant to recover the balance of the plaintiff, with his costs; but * Fraud cannot be set up to avoid a contract, under the general issue without notice. 32 Conn., 38. In trespass qu. cl., upon a highway, the defendant may justify as a highway surveyor, under the general issue without notice. 36Conn., 172. The statute should be liberally construed in aid of the notice. It need not state formal matters, if it fairly apprise the plaintiff of the substance of the defence. 38 Conn., 48, 49. The rules as to variance not applicable to a notice. _Id., 43, 49; 37 Conn., 465. The notice cannot serve to admit evidence, not pertinent to the general issue. 31 Conn., 292; 19 Conn., 533. It may let in defences arising pending suit. 39 Conn., 465. Indefiniteness in notice. 4 Conn., 439. The notice does not vary or form the issue. 30 Conn., 486, 488; 34 Conn., 56; 28 Conn., 535. Notice referring to several counts. 35 Conn., 29. Notice of set off. 35 Conn., 595. Notice, when unnecessary. 31 Conn., 170. Chap. 7.] PLEADINGS, AND SET-OFF. 425 no judgment shall be given against the plaintiff to recover the balance of a debt due to only a part of the defendants, and no justice of the peace shall give judgment in favor of the defendant for any balance which shall exceed 18s4. one hundred dollars.* SEC. 14. In suits brought by the assignee of a chose in action not Set-off in suit by assignee of negotiable, in his own name, the defendant, or any of the defendants, may chose inaction. set off, in the manner and to the extent provided in the preceding section, any mutual debt between him and the plaintiff or any of the plaintiffs, or between him and the assignors of such chose in action, or any of them.t SEC. 15. If any plea or notice shall be filed in any action pending before 1s65. Oif 4. Claim of set-off a justice of the peace, District Court, or Court of Common Pleas, wherein to an amount beyondjurisdicthe defendant claims judgment in his favor for a sum exceeding that fixed tion of Court. as the highest pecuniary limit of the jurisdiction of the court, and a sufficient bond with surety is offered by him, conditioned for the transfer of said action as hereinafter provided, the court shall, without proceeding further in said action, take such recognizance, and thereupon copies of the files and record in said action shall be by the defendant transmitted to the next District Court, Court of Common Pleas, or Superior Court, as the case may be, to be held in the county, which would have original cognizance of a suit brought to recover the demand claimed in said plea or notice; and said copies being entered on the docket of said court to which they may Transfer of be transmitted, the same shall operate as a transfer of said action to said court, which shall thereupon have full jurisdiction to hear and determine it, in the same manner as if it were or might have been brought there by original process; nor shall any bonds, attachment, or other security in favor of either party be impaired by such transfer. But if the defendant does not offer and furnish such recognizance, nor withdraw said plea or notice, he shall be deemed to waive any claim under such plea or notice for any greater sum than the court has jurisdiction to award; and the court may thereupon proceed to take cognizance of the claim set up in said plea and notice as in other cases, and may render judgment in his favor, if the same be established, for a sum not exceeding that fixed as the highest pecuniary limit of its jurisdiction; and such judgment shall be a bar to any future claim by him against the plaintiff for the whole or any part of the demand specified in said plea or notice.t SEc. 16. If the defendant, having entered into such a recognizance, Upon failre t Oof shall fail to enter the cause in the docket of the court to which it is complete transfer, the plaintiff removable, within the first three days of the term of such court, the may enter it. plaintiff may enter it in such docket, and it shall be proceeded with and disposed of, in the same manner as if it had been brought there by appeal; and if the defendant, having removed the cause as aforesaid, shall not recover final judgment for a greater sum than that which might have been awarded him in the court from which said action was removed, he shall not be entitled to costs; and if final judgment shall be rendered against him, he shall be Costs. subjected to double costs. * "Mutual debts" defined. 7 Conn., 223; 8 Conn., 328. The debt set off must have been due and payable, when the suit was brought. 32 Conn., 141. Suit by executor. 34 Conn., 66; 1 Root, 428. Claims for unliquidated damages. 9 Conn., 433; 31 Conn., 343. Suit by receivers of bank; set off of bills of bank disallowed. 22 Conn., 643, 644. Interest on balance. 32 Conn., 564. Judgment debt. 28 Conn., 120. Demand in plea for judgment for defendant. Ibid. t See 39 Conn., 368-374. t See 28 Conn., 115. 426 CIVIL ACTIONS. [Title 19. 1852. S83s. SEC. 17. In all actions of trespass other than actions of assault and Set-off in aCtions of trepass battery, or for damages for taking property exempt from execution, and and case. in all actions of trespass on the case, if judgment be rendered for the plaintiff, the defendant or defendants may set off against such judgment *any debt which he or they may hold either jointly or severally against the plaintiff; which right of set-off shall not be affected by any assignment of such judgment by the plaintiff, but such assignment shall be taken subject to such right of set-off; but no debts which the defendant or defendants shall have acquired, by purchase or assignment after the accruing of the cause of action, upon which such judgment shall be rendered, shall be allowed as a set-off under this section.* s18a. SEC. 18. In all such cases, the defendant or defendants shall file a Petition for set-off to be petition in the court where such judgment shall be rendered, within twentyfiled. four hours after final judgment and before the rising of the court, praying for such set-off; and if such debts, so held by the defendant or defendants, are admitted by the plaintiff, or are evidenced by judgment, said court shall Debts deniedby thereupon proceed forthwith to make such set-off; but if the debts so held plaintiff, by the defendant or defendants, and claimed to be set off, are denied by the plaintiff, such set-off shall not be allowed, unless the defendant or defendants shall have, previous to the rendition of judgment in favor of the plaintiff, instituted a suit or suits therefor; and in case such suit or suits shall, at the time of the rendition of such judgment, be pending in any of the courts of this State, the court rendering such judgment shall stay execution thereon, until the final termination of such suit or suits, when, if the defendant or defendants shall recover judgment therein, such judgment or judgments shall be set-off against the judgment so as aforesaid recovered by the plaintiff; but no set-off shall be allowed in cases where the defend. ant has the right of set-off on the trial of the case. 1s82. SEC. 19. In any action on a contract upon condition, which condition Double rejoinder in llit5s0ib and any breach or breaches thereof are not set out in the declaration, if breaches of conditions. the defendant, having prayed oyer of and set out such condition, pleads performance thereof, and the plaintiff replies, setting forth any breach or breaches of such condition, the defendant may, with leave of the court, rejoin as many several matters by distinct rejoinders, as he might have pleaded, had such condition and breach or breaches thereof been set forth in the declaration.t CHAPTER VIII. Amendments. SECTION SECTION 1. By plaintiffs. 3. Of judgments 2. In pleadings. 1794. ls55. SEC. 1. The plaintiff may amend any defect, mistake, or informality, in the writ, citation, declaration, or petition, not changing the form or ground * No set off can be allowed in trespass for levying on exempt property, though part of it was not exempt. 33 Conn., 236. t Object of statute; departure in rejoinder. 5 Conn., 373; 12 Conn., 35. Chap. 8.] AMENDMENTS. 427 of the action, or insert new counts in his declaration for the same cause of action as that declared upon in any of the original counts, and in any form of action, counts in which might have been originally inserted in the declaration, without costs, within the first three days of the court before 1sis. which the action is returnable, and at any time afterwards on the payment of costs at the discretion of the court; but after any such amendment the defendant shall have a reasonable time to answer the same.* SEc. 2. The parties respectively shall have liberty to amend any defect, 1794. In pleadings. mistake, or informality in the pleadings or other parts of the records or proceedings. When either party shall suppose that in any part of the pleadings he has missed the ground of his plea, and that he can plead a different plea that will save him in his cause, he may change such plea, replication, or rejoinder, as the case may be, and plead anew, and the other party shall have reasonable time to answer the same; and in all cases when a party amends or alters any part of the pleadings or pleads anew, if it shall occasion any delay in the trial, or inconvenience to the other party, he shall be liable to pay costs at the discretion of. the court. All courts shall have power to restrain the amendment and alteration of pleas so far as may be necessary to compel the parties to join issue in a reasonable time for trial.t SEC. 3. If any judgment has been or shall be rendered by mistake or 1874. Of judgments. clerical error, for a larger sum than that due, the excess may be remitted by the party recovering the judgment, at the same or any subsequent term of the court in which it was rendered, reasonable notice being first given to the adverse party or his attorney; and the court may thereupon order the record of said judgment to be corrected, and affirm the same for the amount to which it has been remitted.t * Statutes allowing amendments to be liberally construed. 32 Conn., 10S; 39 Coun., 535. The allowance of amendments, Awhen discretionary, cannot be revised on error. 10 Conn., 472; 11 Coln., 386; 13 Conn., 471; 39 Conn., 535. Amendments after motion in arrest. Kirb.. 314; 13 Conn., 471; 31 Coln., 347; 39 Conn., 357. After judgiment on demurrer. 1 Day, 206. Or on plea in abatement. Kirb., 5; 2 Root, 525. Duringr trial. 2 Root, 406; 3 Day, 315. After return of report of committee. 25 Conn., 52S. After advice of Supreme Court, on a reservation. 27 Coln., 470-472. When too late to bring new suit. 4 Day, 42; 10 Conn., 473. A void process not amendable. 5 Day, 126. Errors in describing parties. 2 Root, 57; 3 Conn., 159; 13 Conn., 53; 19 Conn., 62; 24 Conn., 13. Identity of "ground of action." 1S Conn., 351; 21 Conn., 180; 24 Conn., 39; 26 Coln., 201; 30 Conn., 309; 32 Conn., 376; 33 Conn., 3327; 39 Conln., 534. Change in form of action. 39 Conn., 356. Effect of amendments, by relation. 22 Conn., 232; 5 Conn., 590-592; 32 Conn., 207-209. t Time within which pleadings may be amended. 33 Conn., 256; 3S Coln., 180. Amending records after the term. 4 Conn., 77: 15 Conn., 37; 21 Conn., 530; 25 Conn., 342, 343. $ Otherwise before this statute. 4 Conn., 311. 428 CIVIL ACTIONS. [Title 19. CHAPTER IX. Practice. SECTION SECTION 1. Juries in justice's suits. 11. Acceptance of offer. 2. Trial by jury in the higher courts. 12. Trial not to be postponed. 3. Appointment of committees. 13. Offer not accepted. 4. Reference of any issue, involving account- 14. Precedence of suits by the State. ing, to auditors. 15. Precedence of certain writs of error and 5. Filling vacancies in committees, &c. appeals. 6. Disclosure by garnishee. 16. Questions of law reserved for advice of 7. Garnishee not disclosing liable to costs on Supreme Court of Errors. scire facias. 17. Bonds for prosecution or on appeal taken 8. Notice of cross-bill and supplemental bill in vacation. in equity. - 18. Failure to furnish sufficient bonds for pros9. Sheriffs, &c., not to practice as attorneys. ecution or on appeal. 10. Offer of judgment. is'c6;. 1874. SEC. 1. When any action is pending before a justice of the peace, in Juries in justice's suits. which the matter in demand exceeds twenty dollars in amount or value, a jury of six electors shall be summoned to try the same, on motion of either party, made either before the return day, in which case it must be supported by filing a written statement, signed by the adverse party or his attorney, that an issue in fact will be joined, or on or after the return day and after an issue in fact has been joined; provided the party moving for a jury shall enter into a recognizance with surety to the adverse party, in such sum as the court shall order, conditioned for the payment of all costs, in case final judgment is rendered against him. 18;s. 1872. SEC. 2. In the Superior Court, Court of Common Pleas, and District the all)urin Court, separate dockets shall be kept of jury cases and court cases. Any courts~. action at law, appeal from Probate involving the determination of the validity of a will, or paper purporting to be such, or appeal from the doings of commissioners on an insolvent estate, shall be entered on the jury docket at the request of either party, during -the first two terms in the Superior Court, or during the first term in such other courts, and may be so entered at any time by consent of both parties, or order of the court. All such cases, not so entered, and all other cases, shall be entered on the court docket, and shall, together with all issues of law joined in actions entered on the jury docket, be tried and disposed of by the court. 1724. 1778. SEC. 3. In any civil action, pending in any court named in the pre1867. 1868. Appointment of ceding section, in which an issue in fact has been closed to the court, it comlittcee. may, upon motion of either party, appoint a committee of one, two, or three disinterested persons, to hear the evidence, and report the facts to the court at its next term. If such action is brought solely for the recovery of a money demand, such committee may report simply that it finds the issue in favor of the plaintiff, and that he recover a certain sum, or that it finds the issue in favor of the defendant, as the case may be; or the committee may, and in all other actions shall, report specifically the facts relevant to the issue and established by the evidence; and upon the acceptance of any report, judgment shall be rendered thereon according to law and the facts found.* * Auditors may require the parties to firnish each other copies of their respective claims. 37 Conn., 428. May grant adjournments on termsn. 26 Conn., 311. May grant a re-hearing befo:e filing report. Chap. 9.] PRACTICE. 429 SEC. 4. When in any action not brought before a justice of the peace, it 1843. 186s5. Reference of shall be necessary, by reason of its being brought upon a bond with con- any issue inditions, or of any special plea or claim of set-off, to settle any matter of olv ountig to auditors. account which might be the subject of an action of account, the court may appoint one or more auditors to adjust and settle such matter of account, and report their award to the court; but any other issue joined in such action shall be heard and decided as in other cases. SEc. 5. If any auditor, committee, or member of a committee, appointed s561. 1865. Filling vacanby any court, dies, or declines or is unable to act, at any time when the cies il commlitcourt is not in session, the parties, or their attorneys, may agree in writing cat. ill ato the appointment of any person to act in his stead; and, if they cannot agree, any judge of said court, upon application of either party, and reasonable notice to the other, may fill the vacancy; and upon filing with the clerk of said court such agreement signed by the parties, or such appointment signed by the judge, the appointment of the person therein designated shall be as effectual as if made by said court. SEC. 6. Where in any suit by foreign attachment, any garnishee, having 182i. been cited in to disclose either upon the original process, or by a citation garnischl e )e. issued pending the suit, shall appear, the court may examine him upon oath as to whether, at the time of the service of the foreign attachment, he had effects of the defendant in his hands, or was indebted to him, and may hear any other proper evidence respecting the same; and if it appear that such garnishee had not effects of the defendant in his possession, or was not indebted to him, he shall recover judgment for his costs; but if it appear that such garnishee had in his possession effects of the defendant, or was indebted to him, the court shall ascertain the amount, and the same shall, if the plaintiff recovers judgment and brings a scire facias against the garnishee, be prima facie evidence of the facts so found; but the defendant shall then have a right again to disclose on oath, and the parties may introduce any other proper testimony regarding such facts. But if the plaintiff, in such action of foreign attachment, withdraws his suit, or fails to recover judgment against the defendant, such garnishee shall be entitled to judgment for his costs.* SEc. 7. If any garnishee, cited in to disclose before a court held in a 1821. ls74. Garnishee not town other than in which he resides, was not indebted to, and had no dirclosingepereffects of the defendant in his possession, when the writ was served upon snualny orIlby him, it shall be a sufficient excuse for his not appearing before said court, to cost on scie. if he file therein, on the return day of the writ, his affidavit stating such facts; but if any garnishee, when duly cited in to disclose, shall fail to appear without reasonable excuse, or shall refuse to disclose on oath, whether he has any effects of the defendant in his possession, or is indebted to him, then if the plaintiff shall bring a scire facias against him, 31 Conl., 368, 370. Ought not to stay at house of either party durin trial. 39 Conn., 26S. The report cannot be set aside because against the weight of evidence. 13 Conn., 563; 23 Conn., 541; y24 Conn., 585; 26 Conn., 312. But, sec 14 Conn., 362. Report may be set aside for mistake of law. 2 Day, 120. Report should state facts, not evidence of facts. 20 Conn., 588; 23 Coln., 34; 26 Conn., 267; 30 Conn., 279. Certainty necessary in report. 13 Conn., 467, 468; 36 Conn., 473. Report may be set aside for admission of improper evidence. Kirb.. 353; 1 Root, 268; 14 Conn., 71. But not if it worked no injury. 37 Conn., 429. Further hearing in court after return of report. 13 Conn., 346; 31 Conn, 380. Acceptance of report conditionally. 11 Conn., 338. Or in part only. 17 Conn., 34; 36 Conn., 424. Report, if accepted, is a part of the record. 4 Day, 374. *A findiing that the garnishee is not indebted, no bar to ac sci?'efliacs. 26 Conn., 605. Motion in error does not lie for errors in taking disclosure. 27 Conn.. 519. 30 430 CIVIL ACTIONS. [Title 19. on a judgment recovered against the defendant in the suit, judgment shall be rendered against such garnishee personally, for the costs accrued on the scare facicas, though it shall appear that he had no effects of the debtor in his possession, and was not indebted to him. 1ls1. 1874. SEC. 8. The filing of a cross-bill or supplemental bill in a suit in equity, Notice of crossbill or suplle- with the clerk of the court, shall'be sufficient notice of the preferment of imental bill in equity. such bill to all parties appearing in such suit; and if any person, not appearing in such suit, ought to be made a party to such bill, notice of its pendency may be given to him in such manner as the court may prescribe. 1S70. SEC. 9. No sheriff, deputy-sheriff, or constable, shall appear in court as SheriffS, &c., not to practice attorney for another. as attorneys. 1848. 8sutt. SEC. 10. In all actions on contract, or for the recovery of money only, Offer of jndgment. the defendant may before trial file with the clerk of the court to which tlhe action is returnable, or if returnable to a justice of the peace, with such justice of the peace, a written notice, signed by himself or his attorney, directed to the plaintiff or his attorney, offering to allow the plaintiff to take judgment for a sum named in said notice. 148. SEC. 11. In actions before the Superior Court, Court of Common Pleas, Acceptance of offer. or District Court, the plaintiff may, within ten days after being notified by the defendant of the filing of such offer, file with the clerk of the court a written notice, signed by himself or his attorney, that he accepts said offer; and, in actions before justices of the peace, the plaintiff may file such notice of acceptance within forty-eight hours after such notice of such offer; and such notice being filed, the court shall render judgment against the defendant, as upon default, for the sum so named, and for the costs accrued at the time of the defendant's giving the plaintiff notice of said offer.'rIil not to be SEC. 12. No trial shall be postponed, because the period within which postpolled. the plaintiff may accept such offer shall not have expired, except at the discretion of the court. Offer not ac- SEC. 13. If the plaintiff shall not, within said time and before the comcepted. imencement of the trial, file his notice of acceptance, such offer shall be deemed to be withdrawn, and shall not be given in evidence; and the! 18,7. plaintiff, unless he shall recover more than the sum named in such offei, with interest from its date, shall recover no costs accruing after he r(ceived notice of the filing of such offer, but shall pay the defendant's costs accruing after said time. l1868. e1870. SEC. 14. All civil actions, except upon Probate bonds, brought by or oa Precedence of Snits by the behalf of the State, including informations on the relation of a private inState. dividual, shall have precedence of all others in respect to the order of trial. 18i67. 18s8. SEC. 15. Writs of error in cases of summary process, and any objecPrecedence of certain'writs of tions made to the acceptance of the report of a committee, or auditor, or error and appeals. award of an arbitrator, shall be heard and determined at the term to which such writs or reports may be returned, unless a continuance be granted for cause; and appeals from Probate, and from the doings of commissioners appointed by Courts of Probate, shall, during and after the second term of the appellate court, have precedence of all other civil actions in respect to the order of trial, except as provided in the preceding section. ls18. SEC. 16. Questions of law may be reserved by the Superior Court, Questions of law reserved for Court of Common Pleas, or District Court, in cases tried before it, for the advice of Snpreme Court of advice of the Supreme Court of Errors; and the court making such Errorz. Chap. 10.] JURIES. 431 reservation shall conform to the advice of the Supreme Court of Errors, in the judgment, decree or decision, made or rendered in such cases.* SEC. 17. Bonds for the prosecution of any civil action or appeal, pend- Bonds for869. ing in any court named in the preceding section, may be taken, in vacation, cution, or on apby its clerk. vacation. SEC. 1 8. When the court, in which any action is pending, shall find that Fil 60. Failure to furnany bond taken therein for prosecution, or on appeal, is insufficient, or that ish suffmcient bonds for prosethe plaintiff has given no bond for prosecution and is not able to pay the cation or on apcosts, it shall order a sufficient bond to be given before trial, unless the trial will be thereby necessarily delayed; and the party failing to comply with such order may be non-suited or defaulted, as the case may be. CHAPTER X. Juries. SECTION SECTION 1. Election of jurors. 9. Summoning additional jurors to fill vacan2. Number to be elected in each town. cies. 3. Election of jurors for justice courts. 10. Juries impaneled by lot. 4. Town jury box. 11. Penalty for non-attendance. 5. Exemptions from jury service. 12. Talesmen: oath. 6. Drawing and summoning jurors. 13. Summoning additional jurors. 7. All names drawn to be returned to the 14. Summoning justice jurors. box. 15. Talesmen: penalty for non-attendance. S. Return of. warrant. 16. Peremptory challenges. SEc. 1. The justices of the peace, selectmen, constables, and grand jurors 1744. in each town, shall meet, in January annually, and choose by ballot, certain lors. of its judicious electors, to serve as jurors in the Superior Court, and in the Court of Common Pleas and District Court, if such there be, in the county to which such town belongs.t SEC. 2. The number to be chosen from each town shall be as follows: Number from each town. Hartford, forty-seven; Avon, six; Berlin, ten; Bloomfield, eight; Bristol, Hartford Counfifteen; Burlington, six; Canton, ten; East Granby, six; East Hartford, ty. thirteen; East Windsor, fourteen; Enfield, twenty; Farmington, fourteen; Glastonbury, seventeen; Granby, thirteen; Hartland, six; Manchester, thirteen; Marlborough, five; New Britain, thirty; Newington, eight; Plainville, five; Rocky Hill, six; Simsbury, fourteen; Southington, eleven; South Windsor, nine; Suffield, fifteen; West Hartford, eight; Wethersfield, thirteen; Windsor, ten; Windsor Locks, six. New Haven, fifty-six; Beacon Falls, eight; Bethany, seven; Branford, New Haven eight; Cheshire, twelve; Derby, eighteen; East Haven, nine; Guilford, County. fourteen; Hamden, eleven; Madison, eleven; Meriden, seventeen; Middlebury, five; Milford, fourteen; Naugatuck, nine; North Branford, six; North Haven, eight; Orange, nine; Oxford, ten; Prospect, five; Seymour, * Questions depending on inferences of fact cannot be reserved. 20 Conn., 292; 27 Conn., 278; 35 Conn., 482. But see 38 Conn., 301. No question not particularly reserved will be considered. 17 Conn., 382; 23 Conn., 621; 35 Conn., 510. No advice will be given as to a point not final in its effect on the case. 27 Conn.. 271; 36 Conn., 197. Same questions cannot be reserved twice. 26 Conn., 117; 27 Conn., 462; 35 Conn.. 222. t Challen(ge for not being an elector. 13 Conn., 453. 432 CIVIL ACTIONS. [Title 19. ten; Southbury, ten; NWallingford, fourteen; Waterbury, twenty-two; Wolcott, six; Woodbridge, seven. New London New London, thirty; Norwich, thirty-three; Bozrah, five; Colchester, County. thirteen; East Lyme, seven; Franklin, five; Griswold, eleven; Groton, twenty-one; Lebanon, thirteen; Ledyard, ten; Lisbon, five; Lyme, seven; Montville, ten; North Stonington, eleven; Old Lyme, seven; Preston, ten; Salem, five; Sprague, seven; Stonington, twenty-two; Waterford, twelve. Fairfield Coun- Danbury, seventeen; Bridgeport, twenty-seven; Bethel, twelve; Brookfield, seven; Darien, eight; Easton, eight; Fairfield, eighteen; Greenwich, twenty-one; Huntington, seven; Monroe, eight; New Canaan, fourteen; New Fairfield, five; Newtown, seventeen; Norwalk, twenty; Reading, nine; Ridgefield, twelve; Sherman, five; Stamford, twenty-one; Stratford, eleven; Trumbull, seven; Weston, six; Westport, fourteen; Wilton, eleven. Windham Brooklyn, ten; Ashford, eight; Canterbury, ten; Chaplin, six; Eastford, County. seven; Hampton, six; Killingly, twenty; Plainfield, fifteen; Pomfret, ten; Putnam, eight; Scotland five; Sterling, six; Thompson, twenty; Voluntown, six; Windham, twenty; Woodstock, seventeen. Litchfield Litchfield, twenty-one; Barkhamsted, eight; Bethlehem, five; BridgeCountIy. water, five; Canaan, fourteen; Colebrook, seven; Cornwall, eleven; Goshen, eight; Harwinton, seven; Kent, ten; Morris, five; New Hartford, fourteen; New Milford, twenty; Norfolk, nine; North Canaan, seven; Plymouth, thirteen; Roxbury, six; Salisbury, sixteen; Sharon, thirteen; Torrington, ten; Warren, five; Washington, ten; Watertown, eight; Winchester, twelve; Woodbury, eleven. Middlesex Middletown, thirty-two; Haddam, fourteen; Chatham, nine; Chester, County. six; Clinton, eight; Cromwell, eight; Durham, seven; East Haddam, sixteen; Essex, eight; Killingworth, seven; Middlefield, six; Old Saybrook, six; Portland, eighteen; Saybrook, seven; Westbrook, eight. Tolland County. Tolland, twelve; Andover, six; Bolton, six; Columbia, six; Coventry, fifteen; Ellington, nine; Hebron, eleven; Mansfield, sixteen; Somers, ten; Stafford, nineteen; Union, six; Vernon, eighteen; Willington, ten. 1868. SEC. 3. In each town entitled to less than eleven jurors, under the Election of jurors for justice provisions of the preceding section, there shall be chosen, in the same courts. manner, and at the same meeting provided for in said section, such additional number of judicious electors, to serve as jurors in trials before a justice of the peace, as shall make the whole number of jurors chosen not less than eleven. 1744. SEC. 4. Each town shall provide a box, with a lock thereon, to be kept 1868. 1S72. Town jury by the town clerk; and when the jurors are chosen as aforesaid, he shall boxes. write the name of each on a piece of paper by itself, adding to the names of such as are chosen under the provisions of the preceding section, the words " justice juror," and put the names so written in said box, and keep it locked, that they may be drawn as is hereafter provided. 1852. 1862. SEC. 5. All members of any fire company, organized under the laws of Exemptions from jury ser- this State, and engineers or wardens of any fire department, in any town, vice. city or borough, shall be exempt from serving as jurors in any court; and every officer, musician and private, who shall perform duty in the active militia, in accordance with the provisions of law, or who may be prevented from doing such duty by sickness, bodily infirmity, or other reasonable cause, shall, if he desire it, be exempt, while liable to such duty, from serving as a juror. Chap. 10.] JURIES. 4333 SEC. 6. At some convenient time before each jury term of the Superior s6s1744.s72 Court, Court of Common Pleas, or District Court, its clerk shall summon Drawing andt stmuniloning eighteen jurors to attend such court, and shall issue warrants directed to jurors. either constable of the several towns, or of some of them, in the county or district in which the court is to be held, to summon so many electors of the town as their warrant directs, to attend and serve as jurors at such court; and such constable shall in the presence of the town clerk, or, in case of his absence, of a selectman of such town, or justice of the peace, draw out of said box the number of names that his warrant directs him to summon, exclusive of any names that may be drawn of persons that are dead, and without seeing the names he draws before he draws them, and shall then summon for jurors the persons whose names he has so drawn; provided that no person, to whose name the words "justice juror " are found added, shall be competent to serve as juror in any other than a District Court, or that of a justice of the peace; and that all names to which said words are found added, if drawn under any warrant issued by a clerk of the Superior Court or Court of Common Pleas, shall be, immediately after drawing, returned to the box.* SEC. 7. The names of all jurors drawn for service in the Superior 1s68. 1870. All names Court, or Court of Common Pleas, shall be returned to the jury box im- drawnl to be returned to the mediately after the drawing is completed, indorsed by the town clerk boxwith the date of such drawing, and the words "drawn for Superior Court," or "drawn for Court of Common Pleas," as the case may be. No person, whose name has been so drawn, shall be liable to further service as juror in either of said courts during the year, until all the other names have been drawn; and, if it shall happen in any year that all the names of jurors competent to serve in said courts are so drawn and returned to the -box, then all such jurors shall be liable to serve again in either of said courts, if their names are afterwards drawn under any proper warrant; and the same rules as to returning such names to the box with an indorsement by the town clerk, and their exemption from further service, shall apply as are above provided for the case of their being first drawn. SEC. 8. The constable shall make timely return of his warrant to the 1744. Retnuril wf arclerk who issued the same, with an indorsement certifying whom he has ralt. summoned as jurors, on penalty of forfeiting to the county not exceeding five dollars. SEC. 9. If any jurors so summoned do not appear, or shall be excused Summoning adfrom attending court, the court may, at its discretion, from time to time, direct the clerk to issue a warrant or warrants to summon, in manner as aforesaid, additional jurors, so as to prevent, as far as may be consistent with the convenient dispatch of business, the necessity of filling up the panel with talesmen. SEC. 10. The clerk of the court, in impaneling the jury for the trial of Juries impaneach cause, shall, when more than twelve jurors are in attendance, desig- dbylot. nate by lot those who shall compose the panel. * If a man whose name was not drawn be summoned by mistake, the court may excuse him and direct the officer to summon the right one. 12 Conn., 255. Certainty necessary in return of warrant. 17 Conn., 338. 434 CIVIL ACTIONS. [Title 19. Penalty for non- SEC. 11. If any juror duly chosen, drawn, and summoned, shall fail to attendance. appear according to the warrant, he shall forfeit five dollars to the county wherein he dwells, unless the court shall excuse him therefrom. 17l50. SEC. 12. If a sufficient number of the jurors summoned do not appear, Talesmen. or if for any cause there shall not be a sufficient number of jurors to make up the panel, the court may order the sheriff to return such number of judicious electors of the county as may be necessary; and when the sheriff is interested or related to either party, may direct a constable, or such officer as it shall appoint, to make such return; which jurors being so returned, shall perform the duty required of them, on the same penalty Oath. as is inflicted on those who make default of appearance; and when the jury are impaneled, they shall take the oath prescribed by law. S 9mn85 ad SEC. 13. Any judge of either of said courts, if in his judgment the Summnoning, additional jurors. business of said court shall require it, may, at any term of the court holden by him, order the clerk to sumnion any additional number cf jurors not exceeding twelve, to attend and serve as jurors at such court, in the same manner as is above provided. 1866. SEC. 14. When an action pending before a justice of the peace is to be Summoning justice jurors. tried before a jury, the justice shall issue a venire, directed to some proper officer, commanding him to summon six judicious electors to appear before such justice of the peace at a certain time and place, for jury duty; and such officer shall draw six names from the jury box of said town, in the same manner as if he were drawing jurors for service in the Superior Court, and forthwith summon the persons whose names are thus drawn to attend said trial. All names so drawn shall be returned to the box immediately after the drawing, and the persons whose names were drawn, shall remain liable to service in any other court in the same manner as before. Talesm1867; pen- SEC. 15. If any persons, so summoned to serve as jurors before a tllydforneon -at- justice of the peace, fail to appear at the time and place of trial, or are excused or exempt from serving on such jury, such justice of the peace shall order a sufficient number of talesmen to be summoned, by some proper officer, to serve in their stead; and any juror or talesman so summoned, who shall make default of appearance without sufficient causs, shall be fined five dollars. 1848. 1868. SEC. 16. On the trial of any civil action to the jury, each party shall Peremptory challenges. have the right to challenge peremptorily one juror, if the action be pending before a justice of the peace, and in all other cases, two jurors, without showing any cause therefor.* * This includes actions of forcible entry and detainer. 20 Conn., 510; and of summary process, Ic., 519. And applications to re-assess damages. 28 Conn., 566. Chap. 11.1 EVIDENCE. 435 CHAPTER XI. Evid!ence. SECTION SECTION 1. Subpcena and capias. 24. U. S. revenue stamps on recorded docu2. Form of ssubpl)ano. meont. 3. When and how depositions may be taken. 25. Records of boards of health, &-c. 4. Deposition of person sixty years old. 26. Inability of clerk to give copies. 5. Interested person not to write deposition. 27. Copies of Probate records certified by 6. Depositions of persons inll military or naval judge. service. 28. Entries and memoranda of deceased per7. Subpnca to deponent. sons. 8. Opening depositions. 29. Fire communicated by railway engine. 9. Commissions to take depositions. 30. Motion for a disclosure. 10. Commissioners of other governments may 31. Course of proceeding. compel attendance of witness. 32. Files and records of former justices of the 11. CUq;ias not to issue till service of subp2cna peace to be left with town clerk. is proved, &c. 33. Former justices of the peace may perfect 12. Perpetuation of testimony. records and give copies. 13. Adjournments; issue of ccqias. 34. Files and minutes of formerjustices, when 14. Filing the depositions, &c. evidence. 15. Such depositions, how far evidence. 35. Relicious belief of witness. i6. Protests of bills and notes. 36. Interest, or conviction for crime, no dis17. Equivalents for a seal. qualification. iS. Proof of laws of other States. 37. Adverse party may be compelled to testif,,; 19. Printed statutes, how far evidence. 33. Not to effect attesting witnesses. 20. Reports of decisions in other States. 39. Disclosure in equity not conclusive. 21. Records of public offices and corporations. 40. Statute of frauds. 22. Records of State Chemists. 41. Sales of personal property for under $50. 23. Organization of joint stock corporations. SEC. 1. The parties shall have process of subpoena, signed by the clerk 1702. of the court, a justice of the peace, or commissioner of the Superior Subprtn andt Court, to be served by an officer or indifferent person, to bring their cap~(as. witnesses into court; and if any person upon whom a sub1aoena shall be served to appear and testify in a cause pending before any court, and to whom one day's attendance and fees for traveling to court have been tendered, shall fail to appear and testify, without reasonable excuse, he shall forfeit five dollars and pay all damages to the party aggrieved; and the court, on due proof of the service of the subDpoena and the tender of said fees, may issue a capias, directed to some proper officer, to arrest such witness, and bring him before the court to testify. SEC. 2. The form of a subpoena may be as follows: 1702.?orin of 8ubTo A. B. and C. D. ofn of slbBy authority of the State of Connecticut, you are hereby commanded to appear before the court, to be holden at F. on the Tuesday of to testify what you know in a certain action pending in said court, between E. F. of H., plaintiff, and G. A. of hi., defendant, in an action of Hereof fail not, under the penalty of the law. To any proper officer or indifferent person to serve and return. Dated at H. &c. J. K., Justice of the Peace. SEc. 3. When any witness in a civil action lives out of the State, or 1702. When and how more than twenty miles from the place of trial, is going to sea, or out of depositions may be taken. the State, or by age or infirmity is unable to travel to court, or is confined in Jail, his deposition may be taken by a judge of any court, justice of the peace, notary public, or commissioner of the Superior Court; but reasonable notice shall be given to the adverse party or his known agent 436 CIVIL ACTIONS. [Title 1 9. or attorney, or left at his usual place of abode, to be present at the time of taking such deposition; and depositions may be taken in any other State or country by a notary public, commissioner appointed by the Governor of 1861. this State, or any magistrate having power to administer oaths; and if taken out of the United States, before any foreign minister, secretary of legation, consul, or vice-consul, appointed by the United States, and residing in the country where the deposition is taken; and the official character of any such person may be proved by a certificate from the Secretary of State of the United States. All witnesses, giving depositions, shall be cautioned to speak the whole truth, and carefully examined, and shall subscribe their depositions, and make oath before the authority taking the same, who shall attest the same and certify that the adverse party or his agent was present, (if so,) or that he was notified, and shall also certify the reason of taking such deposition, seal it up, direct it to the court where it is to be used, and deliver it, if desired, to the party at whose request it was taken. * 1&54. SEC. 4. The deposition of any person of the age of sixty years may be persons sixty taken in behalf of either party to any civil action, on due notice to the adyears old. verse party or his attorney, as in other cases; and shall be received in evidence on the trial, if such deponent is unable to attend and testify at such trial. 1702. SEC. 5. Any deposition written, drawn up, or dictated by the party, his tson eot toper- attorney, or any person interested, or that shall be returned to court unwrite deposiIte deposi. sealed, or with the seal broken, shall be rejected by the court.t 18s6. SEC. 6. The court in which any suit is pending, and any judge of said l)Depositions of persons ill nili- court in vacation, may issue a commission to any person in the military or tery ice.or naval service of the United States, authorizing him to take the deposition of any person in said service, to be used as testimony in sueh case, and such commissioner may administer the requisite oath. Such deposition shall be taken by interrogatories on the part of the party taking such deposition, of which reasonable notice shall be given to the adverse party, and cross-interrogatories by such adverse party, with like notice to the other side. The commission, with the interrogatories and cross-interrogatories, shall be forwarded to the commissioner, who shall make return of his proceedings to the court, under seal, addressed to the clerk of said court, if there be one, otherwise to the judge. 1S02. 1854. SEC. 7. Every judge of any court, justice of the peace, notary public, or 15EC. 13. Any person, not authorized by the committee of a public assems at camp b!y, convened for religious worship in the field, who shall, within two miles of any such assembly, sell or expose for sale, from any wagon or temporary stand, any articles of provisions, shall be fined seven dollars. CrIelt54to Sc. 14. Every person who over-drives, drives when over-loaded, overCruelty to animals. Iworlks, tortures, deprives of necessary sustenance, mutilates, or cruelly beats or hills any animal, or causes it to be done; and every person who, having the charlge or custody of any such animal inflicts unnecessary cruelty upon it, or unnecessarily fails to provide it with proper food, drink or protection from the weather, or who cruelly abandons, or carries it in an unnecessarily cruel manner, shall be fined not more than two hundred and fifty dollars, or imprisoned not more than one year, or both. Transportation SEC. 15. No railroad company, in transporting animals, shall permit of animals on railroads. them to be confined in cars more than twenty-eight consecutive hours, except when transported in cars in whlich they have proper food, water, space, and opportunity for rest, without unloading them for food, water and rest for at least five consecutive hours, unless prevented by storm or other accidental cause; and in estimating such confinement, the time during Which the animals have been confined, without such rest, on connecting roads from which they are received, shall be included. Animals so unloaded shall be properly fed, watered, and sheltered during such rest by the owner or person having their custody, or on his neglect, by the railroad company transporting them, at his expense; and said company shall, in such case, have a lien upon such animals for food, care, and custody furnished, and shall not be liable for any detention of them for such purpose; and any such company, owner, or custodian of such animals, who shall not comply with the provisions of this section, shall forfeit not less than one hundred, nor more than five hundred dollars. The knowledge and acts of agents of, and of persons employed by, such company, in regard to animals transported, owned, or employed by it, or in its custody, shall be held to be its acts and knowledge. Notice of arrest SEC. 16. Any person, making an arrest for a violation of -the laws reof offelnder to be givxen. lating to cruelty to animals, shall use reasonable diligence to give notice thereof to the owner of animals found in the charge or custody of the person arrested; and shall properly care and provide for them until their owner shall take charge of them, provided, the owner shall take charge of them within sixty days from the date of said notice; and the person making such arrest shall have a lien on said animals for the expense of such care and provision. Iorfeitures, to SEC. 17. Fines and forfeitures collected upon, or resulting from, the'whom paid. complaint or information of any officer or agent of any society for the prevention of cruelty to animals, shall be paid over to said society, if any such exists, otherwise to the State; and the terms, "animals" or "animal," as used in this and the three preceding sections, shall include all brute creatures and birds. Chap. 9.] OFEzENCES AGAINST PUBLIC POLICY. 5 5 CHAPTER IX. Offeices against Public Policy. SECTION SECTION 1. Disobeying orders of Board of Agricul- 34. Voting under an assumed name. ture. 35. Illegal voting at town or elector's meet2. Selling diseased animal or fowl ing, &c. 3. Issuing bills of credit, &c. 36. Neglect of a town officer to peirformn his 4. Lotteries. duties. 5. Sale of lottery tickets. 37. Neglect of a town clerk. 6. Drawing lotteries. 38. Loaning funds of savings bank on one7. Sale of prize packages to minors. name paper. S. Horse-racing. 39. Neglect of savings bank officers to make 9. Stake-holders, advertisers, and riders. proper return. 10. Forfeiture for horse-racing, &c. 40. Officer of a savings bank, consenting to 11. Gambling on railroad trains, or steam- taking illegal interest, &c. boats. 41. Illeg al sale of intoxicating liquor, &c. 12. Gaming. 42. Selling to a minor, &c. 13. Keeping or frequenting gamblingr houses. 43. Illegally keeping liquor for sale. 14. Owniiig interest in faro-banks. 44. Keeping open between midnight and five 15. Persons not excused from testifying in in the mornin(. ganibling cases. 45. Neglect of official duties. 16. Keeping billiard tables for raming. 46. Jurisdiction. 17. Recognizance for good behavior. 47..Ianufacturingn or selling adulterated 18. Cock-firhting, &c. liquor. 19. Being present at cock-fighting, &c. 48. Closing liquor saloons on election days. 20. Unlawfutl exhibitions. 49. Who to prosecute for illegal sales. 21. Joining persons in marriage without aut- 50. -Iuntinr rabbits with ferrets. thority. 51. Sale of property by lot or chance. 22. Auction sales by unlicensed persons in 52. Commissioins to public ageents. cities, &c. 53. Refusingr to have steam-boilers inspected. 23. Unlawful exhibitions near fair grounds. 54. Using steam boilers after use forbidden. 24. Junk dealers trading illegally. 55. Having or removing nitro-glycerine, &c., 25. Importing foreign convicts. unmarked. 26. Wagers on election. 56. Mixing naphtha, or keeping dangerous oils, 27. Bribery at elections: offering colored bal- &c., for sale. lots. 57. Traveling, &c., on Sunday. 28. Intimnidatingr voters. 58. Sunday amusements. 29. Giving false certificate by town clerk. 59. Limitation of prosecutions. 30. Frauds, &c., by election officers. 60. Keeping open certain rooms on Sunday. 31. Preventinig voting. 61. Jurisdiction. 32. Fraudulently abstracting or interming- 62. Letting vehicles on Sunday. lin( votes. 63. Who not liable for violation of Sunday 33. Fraudulent registry as an elector. laws. SEC. 1. Any person, who shall not comply with the lawful regulations 1871. established by the State Board of Agriculture, in relation to animals, after orders of Board he has had actual notice thereof, or after the same shall have been published of Agricultu for five successive days in such newspapers, printed in the State, as said Board shall direct, shall be fined not more than five hundred dollars; and no prosecution for a violation of this section shall be brought, but within one month after the commission of the offence. SEC. 2. Any person, who shall willfully sell, or offer to sell, the flesh of 18s4. any animal or fowl, which died or was killed when diseased, shall be fined anihal, or fowl. not more than one hundred dollars, or imprisoned not more than six months. SEc. 3. Every person who, without special authority from the General 1s,9. Assembly, or from the proper authorities of another State or country, shall credit,t&c. emit and utter any bill of credit, or make, sign, draw, or indorse any written or printed instrument payable in money or any valuable thing, to be used as a general currency or medium of trade, or in place of money, or shall knowingly circulate or sell any such biii or instrument for such pur 51G CRIMES AN'D CEIMINAL PROSECUTIONS. [Title 20. pose, and every member of a corporation, who shall as-sent to any such act by it, shall be fined not more than five hundred dollars, nor less Lhan twenty dollars. n'2otten8 SEC. 4. Every person, who shall set up any lottery to raise and collect money, or for the sale of any property, and every person, who, by any kind of hazard, shall sell, or dispose of, any kind of property, or set up a notification to induce people to bring and deposit property to be disposed of in any such manner, or to risk their money or credit, for the purposes of any such sale or disposition, shall be fined not more than one hundred dollars. nor less than twenty dollars, or imprisoned not more than one year, nor less than sixty days. iSao.o SEC. 5. Every person who shall sell any lottery ticket, or any part or Sale of lottery tickets. interest therein, or any paper purporting to be such, or keep any place for the purpose of selling, or procuring the same, or act as an agent in buying or selling such ticket or paper, or procuring the same to be bought, sold or disposed of, or in effecting, or endeavoring to effect, any contract in regard thereto; or shall set up, exhibit, or publish, any written or printed proposals to buy, sell, or procure, any such ticket or paper, or any part or interest therein, shall be fined not more than three hundred dollars, nor less than fifty dollars, or imprisoned not less than two months, nor more than one year. * 1s34. SEC. 6. Every person who shall draw any lottery, or class of any lottery,.)rawing lotteries. shall be fined not more than three hundred dollars, or imprisoned not more than ninety days, or both. 8sn1. SEC. 7. Every person who shall sell, or offer for sale, to any minor, any Sale of prize Sacleao es to box, or package, the consideration of such sale being in whole or in part any distribntion, or any chance at drawing or obtaining any article of value in such box or package, shall be fined not more than one hundred dollars, or imprisoned not more than six months, or both. 1803. SEc. 8. Every person who shall bet upon any horse-race, or be conHorse-racingl cerned in making up any purse for any such race, shall be fined not more than fifty dollars, nor less than ten dollars. Stake-holders, SEC. 9. Every person who shall be a stake-holder of anything staked advertisers, and riders. upon airy horse-race, or shall print any paper, notifying or advertising an,,r horse-race, or ride any horse in any race upon which any wager shall have been made, shall be fined not more than thirty dollars, nor less than eight dollars. 1803. 1828. SEC. 10. Every horse used in any horse-race, and on which any wager Forihiture for s horse-racing, is laid, or any purse or stake made, and every animal used in any unlawful exhibition, shall be forfeited to the State; and may, at any time, within six months thereafter, be seized by the State's attorney in the county, or by any constable or grand juror of the town, in which such race shall have been run, or such animal unlawfully exhibited; and he shall make information against such horse or animal to the next Superior Court in such county; and in case such horse or animal shall be adjudged forfeited, such court shall order its sale, at public or private sale, and direct the avails thereof, after deducting the expenses of such seizure, information, and sale, to be paid to the State. * Sale of foreign lottery tickets. 4 Colln.,.14. Chap. 9.] OFFENCES AGAINST PUBLIC POLICY. 51 7 SEC. 11. Every person who shall play at any game, for any valuable 1iS6. Gambling on thing, or shall solicit another to do the same, upon any public conveyance, railroad ialetils, and every person who shall win or lose any valuable thing by so playing, or betting on such play, or by sharing in any stake or wager of others, who so bet or play, shall be fined not more than two hundred dollars, and imprisoned not less than one, nor more than six months. SEc. 12. Every person who shall play at any game elsewhere than on a 1657. public conveyance, or in a reputed gaming house, for any valuable thing, Gaminl. shall be fined five dollars. SEC. 13. Every person who shall keep a place resorted to for the purpose 1s7I. Keeping or freof gaming, or which is reputed to be a gaming house, or place frequented quenting gaiLfor the purposes of gaming, or who shall engage in playing at any game for bling houses. any valuable thing, or who shall reside in, or frequent such place for such purposes, shall be fined not more than one hundred dollars, or imprisoned not more than six months, or both. SEC. 14. Every person who shall own, or have any share, part, or in- so0,. Ownin' interest terest in any faro-bank, or fund, raised or established for gaming, shall be inll faro-banks. fined not more than one hundred dollars, nor less than twenty dollars. SEc: 15. No person, summoned as a witness on the part of the State, in 1864. Persons not exany prosecution under the two preceding sections, shall be excused from clsed from tstifying in gaintestifying by reason that the evidence he may give will tend to disgrace or bling cases. criminate him; nor shall he thereafter be prosecuted for any thing connected with the transaction about which he shall so testify. SEC. 16. Every person who shall keep a billiard table, which is used for 1848. 1S;7. Keeping billiard the purpose of gaming, shall be fined not more than two hundred dollars, tables lor galihalf of which penalty shall be paid, by order of the court, to the cormplainant who shall furnish evidence of a violation of this section. SEC. 17. When any person shall be charged with playing at, or betting s05s. Kecogn izance upon any game prolibited by law, or with suffering any game, betting, or for ood behazarding, to be played contrary to law, or with owning, possessing, or sharing in, any billiard table, used for the purpose of gaming, or any E. O. table, faro-bank, or fund for gaming, he shall be required to become bound in two recognizances to the State, with one surety for his appearance before the Superior Court for trial, and the other for his good behavior until and during the session of such court, in the sum of one hundred dollars; and such court may require him to become further bound in a recognizance, with sureties, for his good behavior until and during the next session of said court; and his conviction for a violation of this section, before such recognizance Is discharged, shall be conclusive evidence of a breach thereof. SEC. 18. Every person who shall keep any place where any fowls or ls62. Cockl-fightinc, animals, by his consent, are suffered to fight uipon exhibition, or for sport, &c. or upon any wager, shall be fined not more than seven dollars, or imprisoned not more than thirty days, or both. SEC. 19. Every person who shall be present at any exhibition where any Being present fowls or animals shall be suffered to fight upon any wager, or for sport, shall t C. be fined not more than seven dollars. SEC. 20..Every person who shall unlawfully make or use any place or 1828. Unlawftil exbuilding. for sports, or for the exhibition of any feats of any animal, for hibitions. gain or under color of gratuity, or who shall unlawfully, in any such place, or building, make any such exhibition, or other trick or show, for such gain or under such color, or who shall permit his lands or tenements, or any 518 CRIMES AND CRIMINAL PROSECUTIONS. [Title 20. part thereof, to be used by another for such purposes, shall be fined not less than sixty dollars, nor more than two hundred dollars. 1S65. SEC. 21. -rhoever undertakes to join persons in marriage, knowing that Joinin,- persons in niarmriae he is not authorized so to do, shall be fined not more than five hundred dolwithout autlhority. lars, or imprisoned not more than one year, or both. 1s6s. SEC. 22. Every person, not a resident of the town in which any city or Auction sales by unlicensed borough is situated, who shall expose for sale by auction, in such city or pesonls in cities, &c. borough, any goods or articles, except provisions, charcoal, wood, and the products of a farm, without a license therefor from the proper authorities thereof, shall be fined not more than fifty dollars, nor less than twenty dollars, or imprisoned not less than twenty days, nor more than sixty days, or both. Unlawful exhi- SEC. 23. Every person who shall, within one mile of the fair ground of bitioIis near fair ~~grounlds. any incorporated society, expose for sale from any wagon or temporary stand any articles of provisions, or shall exhibit any curiosity for gain, or set up to let, or use for profit, any swing, flying-horses, or whirligigs, without the written permission of the executive committee of such society, shall be fined seven dollars, to be paid to said society. 15864. SEC. 24. Every person who shall keep a shop for the purchase, sale, or Junk dealers trading illegally. barter of junk, old metals, or second hand articles, or be a dealer therein, unless licensed therefor according to law, or after notice that his license has been revoked, or who, being so licensed, shall purchase or receive, of any minor, by way of exchange, any of said articles, knowing, or having reason to believe, him to be a minor, shall be fined not more than fifty dollars. 17S. SEC. 25. Every person who shall knowingly bring into this State any Importiug foreign coXnvicts. convict, sentenced in a foreign country to be transported abroad, shall be fined five hundred dollars. 1845. SEC. 26. Every person who shall bet on any election, or who shall be a Wagers on election. holder of any thing staked upon any election, shall be fined not less than twenty dollars, nor more than one hundred dollars. s1867. SEC. 27. Every person who shall offer or receive any thing by way of Bribery at elec. tions. gift or reward for giving, or refusing to give, a vote at an electors', town, or city meeting; or promise, procure, or in any way confer any gratuity, reward, or preferment for any vote so given, or influence, or attempt to influence, any elector to stay away from any such meeting; or who shall Offering colored vote, or offer to any elector to vote, any ticket so marked or colored that b~allots. it can be identified when folded, shall be fined not more than five hundred dollars, nor less than fifty dollars, and imprisoned not more than one year, nor less than three months; and any person convicted of offering, conferring, or receiving any such gift, reward, gratuity, or preferment, shall be disfranchised. ltihnidating SEC. 28. Every person who shall, at any such meeting, attempt to in. voters. fluence the vote of any operative in his employ by threats of withholding employment from him, or by promises of employment, or who shall dismiss any operative from his employment on account of any vote he may have given at any such meeting, shall be fined not less than one hundred dollars, nor more than five hundred dollars, or imprisoned not less than six months, nor more than twelve months, or both. 1874. SEC. 29. Any town clerk who shall sign any certificate in blank, or Giving false certilicate by town shall falsely certify to the admission of an elector, shall be fined not more clerk. Chap. 9.] OFFENCES AGAINST PUBLIC POLICY. 51~ than two hundred dollars nor less than fifty dollars, and imprisoned not more than six months nor less than thirty days. SEC. 30. Any person, except a registrar or deputy registrar of voters, 18ss. s174. A s csraud, &c., by or assistant registrar, who shall, without reasonable cause, neglect to election.oicers perform any of the duties required of him by the laws relating to elections, or who shall be guilty of fraud in performing them; and any person who shall make any alteration in the lists specified in said laws, except as provided therein; and any person in charge of a ballot box who shall neglect to receive and deposit therein any vote duly offered, or shall receive and deposit, or suffer the voter to deposit, any vote not duly offered, shall be fined not more than three hundred dollars, or imprisoned not more than three months, or both. SEC. 31. Any person, who shall fraudulently prevent any vote from 1858. Preventing being deposited in a ballot box, at an electors', town, or city meeting, voting. which is presented and intended to be deposited therein by any person entitled to deposit the same, shall be imprisoned not more than six months, nor less than thirty days. SEC. 32. Every person, who shall fraudulently abstract any vote from 18s1. the ballot box used at any electors', town, or city meeting within six Fabstractn, leor months thereafter; or who shall at such meeting, or within six months iotersmi'iling thereafter, fraudulently intermingle any vote or votes with the votes legally deposited in any such box, shall be fined not more than five hundred dollars, or imprisoned not more than one year, nor less than three months, or both. SEc. 33. Every person, who shall fraudulently procure himself or 1874. Fraudulent re'ranother to be registered as an elector, shall be fined not more than one hun- istry as an dlecdred dollars, and imprisoned not more than thirty days, or both. tor. SEC. 34. Any person, who shall vote, or attempt to vote at any meet- lsss. ing, by assuming the name of another who is registered, shall be fined not assutimed name. more than one hundred dollars, and imprisoned not more than one year. SEC. 35. Every person, not legally qualified, who shall fraudulently s679. 1858. 1874. vote in any town meeting, or at any electors' meeting in any town in Illeo.al vot.in, which he is not qualified to vote; and every legally qualified person, who lettow,' or shall at such town or electors' meeting, fraudulently, put into the same inc, &c. ballot box more than one vote, at the same time, for any person for the same office, or who shall fraudulently vote more than once at the same balloting, shall be imprisoned not more than three months, nor less than seven days. SEC. 36. Fvery person, excepting a town clerk, accepting the office to 1672. Neglect of a which he is appointed by a town meeting, or not declaring his refusal to ac- town officer to perform his ducept, who shall neglect the performance of his duties, shall be fined not more ties. than ten dollars. SEc. 37. Every town clerk, who shall neglect to perform the duties of 1Neclc724.a his office, shall be fined not more than fifty dollars, nor less than seven dollars. town clerk. SEC. 38. Any officer of a savings bank, who shall vote for, procure, or Loani83s. consent to a loan by such bank of its funds in the purchase of any obliga- ofsavin-rs banks on one namne tion upon which only one person or firm is holden, unless such bank shall paper. take additional security for the same equivalent to the guaranty or indorsement of some other responsible party, shall be fined not less than five hundred, nor more than one thousand dollars. SEC. 39. Any officer of a savings bank, who shall neglect to make a full Neglect of savings bank olliand accurate report of its affairs to the Bank Commissioners, as required cors to make proper return. 52 0 CRIMES AND CRIMINAL PROSECUTIONS. [Title 20. by law, shall be fined not less than five hundred, nor more than three thousand dollars. Officer of a sav- SEC. 40. Any officer, director, or trustee of a savings lank, who shall ininls )anlk consenting- to tak- tentionally violate any provision of the law regulating the rate of interest in( il16,-a! interest, adc. which may be taken by such bank, or who shall invest its funds - the stocks or bonds of any railroad company, shall be fined not less than one thousand dollars, nor more than five thousand dollars. 1872. iS74. SEC. 41. Any person, without a license therefor, who shall sell or exIllenal sale of intokicating change, or offer or expose for sale or exchange, or own or keep with intent liquor. to sell or exchange, any intoxicating liquor; and any person licensed to sell ale, lager beer, and Rhine wine only, who shall keep, sell, or give away in the saloon, store, or room where he is so licensed, any other intoxicating liquor, shall be fined not less than fifty dollars, nor more than five hundred dollars, or imprisoned not more than six months, or both. selling to a mi- SEC. 42. Any licensed person, who shall sell intoxicating liquor to any nor, &c. minor or intoxicated person, or to any husband, after notice from his wife not to sell to him, or to any wife, after notice from her husband not to sell to her, or to any habitual drunkard, knowing him to be such; and any person who shall procure or furnish any intoxicating liquor to another, after notice from the selectmen as provided by law, shall be fined not less than twenty dollars, nor more than fifty dollars, or imprisoned not more than sixty days, or both. 1872. SEC. 43. Every person, who shall keep a place in which it is reputed that Illerally keeping liquor lor intoxicating liquors are kept for sale, without having a license therefor, shall sale, be fined not more than twenty dollars, or imprisoned not more than thirty days, or both. s184. SEC. 44. Every person licensed to sell intoxicating liquors, who shall, Keeping open tbetween mid- between twelve o'clock at night and five o'clock of the following morning, night and five in tie morningl. keep open any place, apartment, store, or room, where such liquors are solt, or exchanged, or kept, or exposed for sale, or exchange, shall be fined not more than fifteen dollars, nor less than seven dollars. Neglect of offi- SEC. 45. Any officer, who shall neglect to perform any of his duties, imcial duties. posed by the laws relating to intoxicating liquors, shall be fined one hundred dollars. Jurisdiction. SEC. 46. Prosecutions under the five preceding sections may be determined by a justice of the peace, or Police or City Court; but no justice of the peace shall fine the accused more than one hundred dollars, nor imprison him more than sixty days. IS6;5. SEC. 47. Every person, who shall manufacture, sell, or keep for sale, any or sellinfl adtlt- intoxicating liquor, or any made and compounded in imitation thereof, which erated liquor. iS adulterated with any deleterious or poisonous ingredients, shall be fined not more than five hundred dollars, or imprisoned not more than one year, or both. t 186s9. 18s0. SEC. 48. Mayors of cities, and selectmen of towns, may between sunrise Closing liquor saloons on clays and sunset on the day of any city, town, or elector's meeting, close any place f eleto. therein where any intoxicating liquors or cider are ordinarily sold or reputed * Reputation must be founded on the honest opinion of the neighborhood. 40 Conn., 44. Not necessary to prove that liquors were kept for sale without license. ild., 246. + This section is constitutional. 25 Conn., 195, 290. Evidence of more than one sale admissible to show the intent. 24 Conn., 204. Defendant need not know the liquor to be adulterated. 37 Conn., 421. What evidence admissible and construction of this section. Ibid. Chap. 9.] OFFENCES AGAINST PUBLIC POLICY. 521 to be sold, to be drunk on the premises, and may order any such place to be kept closed between sunrise and sunset on the day of any such meeting; and every sheriff, deputy-sheriff, constable, bailiff, and police officer, within their respective precincts, shall enforce such orders and arrest any person disobeying them, who shall be fined not more than one hundred dollars, or imprisoned not more than thirty days, or both. SEc. 49. All prosecuting or informing officers shall severally, upon the s18s. I~ho to tprosesworn complaint of any person, proceed against any one charged with a cte for illegal violation of any of the eight preceding sections. sales. SEC. 50. Every person, who shall make use of ferrets, for the purpose of soG6. Hun ting rabbits taking or destroying rabbits, upon the lands of another, shall be fined not with ferrets. more than seven dollars, or imprisoned not more than thirty days, or both. SEC. 51. Every person, who shall sell any personal property, and shall ls6a. Sale of property offer the purchaser an interest in other property, to be ascertained by lot, or by lot or chance. hazard, or any article of value, or any interest therein, as a present or gratuity, the quality, kind, or value of which shall be unknown to the purchaser at the time of sale, shall be fined not more than three hundred dollars, or imprisoned not more than three months, or both. SEC. 52. Every officer or agent of the State, or of any city, town, borough, s187 Comnnissions to or public institution, and any person employed by either of them to procure public agents. any materials, or other articles, by purchase or contract, or to employ labor, who shall directly or indirectly, for himself or another, receive any allowance or reward from the person or persons making such contract, furnishing such materials, or other articles, or rendering such labor, and any person who shall give or offer any such allowance or reward, shall be fined not less than ten dollars, nor more than five hundred dollars, or imprisoned not more than one year. SEC. 53. Every person, who shall refuse to have any steam boiler used isC4. 1s88. ILCful?,in(- to by him inspected, or shall suffer it to carry a greater pressure of steam than hlae stfaslm boilers inspectis allowed by the certificate of the inspectors of steam boilers, shall be fined ed. not more than two hundred dollars, except he have a certificate issued by a company incorporated by this State to inspect steam boilers. SEC. 54. Every person, who shall use any steam boiler, after its use is 1s64. forbidden by the inspectors, shall be fined not more than one thousand dol- loil:i,rll.e ue lars, or imprisoned not more than six months, or both. SEC. 55. Every person, who shall knowingly have in his possession any is0o. box, can, or other package of nitro-glycerine, gunpowder, naphtha, or other Iv,,'inr oiltreequally explosive material, not marked with a plain and legible label describ- uii'iCarked.; ing its contents, or who shall remove any such label or mark, or who shall knowingly deliver to any carrier any such box, can, or package, without such label, shall be fined not more than ten thousand dollars, or imprisoned in the State prison not more than five years. SEC. 56. Every person, who shall mix for sale naphtha and illuminating's6is. oils, or shall keep for sale any fluids for illuminating purposes, inflammable ori koji)ipinc,' danat a less temperature than one hundred and ten degrees, Fahrenheit, shall be foio'r sale.' fined not more than five hundred dollars, and imprisoned not more than three years. SEC. 57. Every person, who shall travel, or do any secular business, or 1702. labor, except works of necessity or mercy, or keep open any shop, warehouse, onl SIunday. or manufacturing or mechanical establishment, or expose any property for sale, or engage in any sport or recreation on Sunday, between sunrise and 522 CRIMES AND CRIMINAL PROSECUTIONS. [Title 20. sunset, shall be fined not more than four dollars, nor less than one dollar; but haywards may perform all their official duties on said day.:* 1784. SEC. 58. Every person, who shall be present at any concert of music, Sunday amuse-... nmednts. us- dancing, or other public diversion on Sunday, or on the evening thereof, shall be fined four dollars. Limitation of SEC. 59. Prosecutions for violations of the two preceding sections shall piroecuons. be exhibited within one month after the commission of the offence. 1872. SEC. 60. Every person, who, between the hours of twelve o'clock SaturKeeping' open certain rools day night and twelve o'clock Sunday night next following, shall keep open on Sunday. any room, place or inclosure, or any building, or any structure of any kind or description, in which it is reputed that intoxicating liquors are exposed for sale, or that any sports or games of chance are carried on or allowed, shall be fined forty dollars, to be paid to the town where the offence is committed, or imprisoned thirty days, or both.t Jurisdiction SEC. 61. All prosecutions for a violation of the preceding section shall be determined by a justice of the peace, or Police or City Court. 1814. SEC. 62. Every proprietor or driver of any vehicle, not employed in carLetting vehicles on Sunlday. rying the United States mail, who shall allow any person to travel therein, on Sunday between sunrise and sunset, except from necessity or mercy, shall be fined twenty dollars, to be paid to the town in which the offence is committed. 1 1821. SEC. 63. No person, who conscientiously believes that the seventh day of Who not liable for violation of the week ought to be observed as the Sabbath, and actually refrains from undaylaw secular business and labor on that day, shall be liable to prosecution for performing secular business and labor on such day, provided he disturbs no other person while attending public worship. CHAPTER X. Forgery and Counterfeiting. SECTION SECTION 1. Forgery. 3. Counterfeiting coin, bank bills, &c. 2. Forging or counterfeiting stamps or labels. tc50. SEC. 1. Every person, who shall falsely make, alter, forge or counterForgery. feit, or shall utter or publish as true any false, altered, forged, or counterfeited document or signature of any person, with intent to defraud another, shall be imprisoned in the State prison not less than two nor more than five years.~ * What evidence admissible to show intent of riding on Sunday. 11 Conn., 455. Grand juror may, on sight, arrest and detain offender. ]bid. Accused not entitled to trial by jury. 12 Conn., 448. Apprentice compelled to violate Sunday, not bound to remain. 8 Conn., 14. Note given on Sun-. day void. 1 Root, 474. Money loaned on Sunday cannot be recovered. 35 Conn., 216. Contracts made on Sunday void. 37 Conn., 555. Value of horse hired on Sunday and killed by hirer may be recovered. 40 Conn., 111. f The original Act passed in 1860 varied from this in phraseology; and the present Act was passed in 1S72, in conquence of decision in 39 Conn., 40. $ Letting a carriage from motives of charity, no violation. 1 Conn., 502. ~ Party injured by forgery of note, though note not forged in his name, may maintain action under this section. 1 Day, 100. Passing a forged order for the delivery of goods, is an offence. 5 Day, 250. The writing must ordinarily be produced at trial. 1 Root, 534. Otherwise, if prisoner has destroyed it. 2 Root, 93. Various points relating to the evidence, verdict, and judgment, in an information for passing counterfeit bills. 5 Day, 175. Chap. 11.] FRAUDS AND FALSE PRETENCES. 523 SEC. 2. Every person who shall use, forge or counterfeit, the individual 1O84i.l U stamp or label of any mechanic or manufacturer, with intent to defraud cotunLterlfeiting another; or who shall vend, or offer to vend, any goods having any such labels. forged or counterfeited stamp or label thereon, knowing it to be forged or counterfeited, without disclosing the fact to the purchaser, shall be imprisoned not more than six months, or fined not more than one hundred dollars, or both. SEc. 3. Every person who shall counterfeit any gold or silver coins, or 1c20. 1784. Coiuntrfeithiu shall pass or give, or offer to pass or give, counterfeit gold or silver coins in coin, bank bills, payment, or permit the same to be uttered or passed with intent to defraud another; or shall have in his possession any such coin, or any forged or counterfeited promissory note or bill for the payment of money, with intent to utter the same, or to permit it to be uttered with intent to defraud another, or any blank, or unfinished note, or bill, made in the form or similitude of any promissory note, or bill for the payment of money, made to be issued by any corporation, with intent to fill up and complete the same, or to permit it to be filled up and completed, in order to utter the same, or to permit it to be uttered, to defraud another; or shall have in his possession, or make or engrave, any plate or stone for forging or counterfeiting any check, certificate, promissory note, or bill for the payment of money in the name of another, or in the form or similitude of any check, certificate, promissory note, or bill issued by any person, or national banking association, with intent to forge or counterfeit the same, or to permit it to be forged or counterfeited; or who shall sell, exchange, or give in payment, or offer to sell, exchange, or give in payment, any counterfeit gold or silver coin, or any forged or counterfeited bill of exchange, promissory note, bank bill, certificate, or check, with intent to have- the same uttered, to defraud another; or who shall falsely make, forge, or counterfeit, any warrant, order certificate, or other public security, whereby money may be drawn from the treasury of this State, or of any county, community, or ecclesiastical society, or shall alter any such warrant, order, certificate, or public security, so that the same shall appear to be of greater value; or shall utter, or give the same in payment, or offer to utter and give the same in payment, with intent to defraud this State, or any person, shall be imprisoned in the State prison not less than two, nor more than five years.* CHAPTER XI. Frauds and False Pretences. SECTION SECTION 1. Embezzlement by agents. 7. Defrauding keepersof inns, restaurants,&c. 2. Embezzlement by public officers. 8. Fraudulent evasion of payment of fare. 3. Embezzlement by agent of agent. 9. False statement by hirer of horse. 4. Embezzlement by bailee. 10. Officer of any court. converting money, &c. 5. Defrauding gas companies. 11. False certificate by tax collector. 6. Defrauding life or accident insurance com- 12. Obtaining goods by false pretences. panics. * Aiding in the act of counterfeiting is within the statute. Kirby, 52. Money must be produced in court, or no evidence as to its being counterfeit, except the confession of prisoner, admissible. 1 Root, 152; 2 Root, S7. Having in possession several forged notes on different banks, at the same time, with the unlawfuil intent, makes but one offence, and cannot be split into several offences. 7 52 4 CRIMIES AND CRIMINAL PROSECUTIONS. [Title 20. 18290. SEC. 1. Every officer or agent of any private corporation of this State, 188A4. 185. or of any common carrier, or any agent of any private individual, who shall 18%6. 1864. 1sb;(z. let. take, purloin, secrete, or in any way appropriate to his own use, or to the Embl)ezzlement - by agents. use of others, any of the goods, moneys, or choses in action, in the care or custody of, belonging to, or deposited with, such corporation, carrier, or individual, with intent to defraud another; or who shall, with like intent, make any false entries upon any of their books, or shall keep false books or entries of and concerning their business and affairs, with like intent, shall be imprisoned in the State prison not more than ten years; but the provisions of this section shall not apply to an agent of a private individual, when the value of the goods taken, purloined, secreted or appropriated by such agent shall not exceed twenty-five dollars.* 1874. SEC. 2. Any magistrate, or officer or agent of any public community, Embezzlement,:,-pl)lic oib- who shall, with intent to prejudice it, appropriate its property to the use of cers. any person, or male upon its books any false entry, or draw any order upon its treasury; or present or aid in procuring to be allowed any fraudulent claim against such community, shall be fined not less than fifty dollars, nor more than five hundred dollars, or imprisoned not less than sixty days, nor more than one year, or both. Emlezzlement SEC. 3. Any agent of an agent of any corporation, who shall appropriby agent of ag-ent. ate to his own use the property of his principal, with intent to defraud him, shall be punished in the same manner as the agent of such corporation would be for a similar offence. IS15. SEC. 4. Every bailee of goods or chattels, who shall willfully destroy, Enb!ezzlelnt by bailee. purloin, secrete, or in any way unlawfully appropriate the same or any part thereof to his own use, or to the use of others, shall be imprisoned not more than six months. 18 s. SEC. 5. Every person, who, with intent to defraud another, shall Defraucdin g-as companies. connect any instrument or contrivance with any pipe for supplying illuminating gas, so as to affect the consumption thereof, without its passing through the metre provided for the measuring and registering the quantity of gas passing through such pipe, or who, with like intent, shall willfully injure, alter, obstruct or prevent the action of any such metre; or any agent of any manufacturer of illuminating gas, who shall defraud another in quantity or quality, in the sale of such gas, in any manner, shall be imprisoned not more than thirty days, or fined not more than fifty dollars, or both. 1869. SEC. 6. Every person who shall obtain, or attempt to obtain, from Defraudiun life, or accidlent in- any life or accident insurance company of this State, any money on any sullraclle companies. policy of insurance issued by it, by falsely or fraudulently representing the insured person as dead, or the person insured against accident as injured; or shall fraudulently obtain, or attempt to obtain, any money from such company upon a policy of insurance issued in the name of a fictitious person, shall, if the sum so obtained, or attempted to be obtained, be one hundred dollars or more, be imprisoned in the State prison not more than ten years; and if such sum shall be less than one hundred dollars he shall Conn., 414. Evidence of the prisoner's having in his possession an engraved paper, having the appearance of a bank note without signature, is no evidence of guilty knowledge, in an information for passing a counterfeit half dollar. 9 Conn., 341. Passing bills, the currency of which is prohibited, not an offence. 1 Root, 63. * Applies to officer of a national banku, who purloins special deposit. 34 Conn., 281. Chap. 11] FRAUDS AND FALSE PRETENCES. 525 be fined not more than five hundred dollars, or imprisoned in a jail not more than one year, or both. SEC. 7. Every person, who shall at any hotel, restaurant, or boardinrg ls67. Defrauding house, order or obtain for himself or others any food or lodging, with in- keepers of inns, tent to defraud the keeper thereof of the value or price of such food or retau, &C. lodging, shall be fined not more than fifty dollars, or imprisoned not more than three months; and the surreptitious removal of baggage, accompanied by a. refusal or neglect to pay for such food or lodging, shall be prima facie evidence of an intent to defraud such keeper. SEC. 8. Every person, who shall fraudulently evade, or attempt to evade, s186. 1is1. Fraudulent evathe payment of any fare, lawfully established by any steamboat company sion of payment located in this State, or by any railroad company, shall be fined not less than of fare. five nor more than twenty dollars. SEC 9. Every person, who shall hire any horse, or use any horse hired 1s59. False statement by others, and shall willfully make any false statement, or misrepresenta- ly hirer of tion, relative to the distance, time, place, or manner, of using or driving the horse. same, with intent to defraud any person, shall be fined not more than seven dollars, or imprisoned not more than thirty days, or both.* SEC. 10. Any justice of the peace, or person officially connected with 1is4. Officer of any any court, who shall fraudulently convert to his own, or to the use of court, convertanother, money or property received or held in his official capacity, shall g y, &c. be punished as if he had been convicted of stealing property of the same value. SEC. 11. Any tax collector, knowingly and designedly making a false lss.. False certificate certificate instead of that required by law, and any selectman, knowingly by tax collector. and designedly making a false list of persons whose taxes shall be abated in pursuance of such certificate, shall be fined not more than two hundred dollars. SEC. 12. Every person, who shall, by any false token, pretence, or de- 1i80. 1841. 1848. vice, obtain from another any valuable thing, with intent to defraud him, Obtaining shall be fined not more than five hundred dollars, or imprisoned not more rgoods by fals than one year, or both; or be imprisoned in the State prison not less than one year nor more than three years.t * The mis-statement and to whom made, must be particularly described. 39 Conn., 229. t For construction of this section, see 12 Conn., 101. A naked assertion may be a false pretence. 27 Conn., 587. See preceding note. 36 526 CRIMES AND CRIMINAL PROSECUTIONS. [Title 20. CHAPTER XII. Qui-Tam Suits and Forfeitures.* SECTION SECTION 1. Towns omitting to appoint assessors, &c. 26. Rescuing animals going to, or in, pound. 2. Refusing to erect guide posts. 27. Refusal to remove gun-powder. 3. Transportation of wild animals. 28. Assessors receiving lists, not made accord4. Giving credit to minor students. ing to law. 5. Selling commercial manures unmarked, &c. 29. To whom penalties of eleven preceding 6. Omitting to affix label or stamp to cotton sections are payable. thread, or selling thread falsely labeled. 30. Executor neglecting to prove the will, or 7. Neglect of railroad companies to provide refuse the trust. water closets. 31. Officer neglecting to summon a jury of in8. Violation of insurance laws. quest, &c. 9. What penalties payable to State. 32. Using unstamped weights or measures. 10. Imported shad not to be inspected. 33. Illegal voting in agricultural societies. 11. Maintenance. 34. Miisconduct of registrars of voters. 12. Violation of inspection laws. 35. Assessors omitting to return a sworn list. 13. Altering contents of cask after inspection. 36. Assessors refusing to be sworn, &c. 14. Exporting fish without inspection. 37. Refusal to discharge duties of town office. 15. Selectmen not erecting pounds. 38. Neglect to cut Canada thistles. 16. To whom penalties of five preceding sec- 39. Selling thistle seed. tions are payable. 40. Selling domestic sewing silk. 17. Towns neglecting to appoint grand jurors. 41. Neglect by railroad company to transport 18. Theatrical exhibitions. milk. 19. MIountebanks, &c. 42. To whom penalties under four preceding 20. Permitting exhibitions in one's house. sections are payable. 21. Removal of stone on common shore. 43. Neglect to erect sign posts. 22. rNeglect of moderator of town meetings to 44. Voting without right in religious societies. make returns. 45. Neglect of railroad company to give re23. Neglect of duty by grand juror. ceipts. 24. Neglect of weigher, &c. 46. State's Attorney to collect State and county 25. Violating rules for restraining dogs. forfeitures. 1851. SEC. 1. Any town, neglecting or refusing to appoint assessors and cause to appoint as-jg them to be sworn, or in which there shall be no legal assessment in any sessors, &c. year, shall forfeit a sum equal to double its State tax, paid on its list last completed and perfected. 1197. SEC. 2. Every town which neglects or refuses to erect and maintain Refusing to erect guide guide posts, as required by law, or suitable substitutes therefor, shall forposts. feit annually five dollars for every such post. 1854. SEC. 3. Every owner or keeper of any wild animal, or animal kept for Tofild animals exhibition, who shall not transport it in a cage, unless its size shall render such transportation inconvenient, or who shall conduct any such animal, which cannot be so transported, on any public highway, except between ten o'clock in the evening and sunrise, without a license from the mayor of the city, or first selectman of the town in which such highway may be, and shall not, while it is passing over such highway, send some person in advance of it to give reasonable notice of its approach to all persons on such highway, shall forfeit one hundred dollars. 1822. 1872. SEC. 4. Any person, who shall give credit to a minor student of any Giving credit to minor students. college or university of this State, without the written consent of his parent or guardian, or of an authorized officer of such institution, shall forfeit not less than twenty dollars nor more than three hundred dollars. t * Qui-tam actions may be prosecuted in the county where the complainant dwells. Kirby, 401. Complainant entitled to same costs as in civil proceedings. 39 Conn., 484. ~ Unmatriculated students are within the meaning of this section. 6 Conn., 9. The statute does not forbid giving credit to students at any of these institutions where no officer has been authorized to give his consent in such cases. Ibid. Credit given to a student by an agent without his princlpal's knowledge or consent will not render the latter liable under this section. Ibid. Chap. 12.j QUI-TAM SUITS AND FORFEITURES. 527 SEC. 5. Any manufacturer or trader who shall sell, or offer for sale, 1sc69.'Sellin- commerany package containing fifty pounds or more of commercial manure, not cialilmnures unmarked as required by law, or who shall affix thereto a stamp, impress, or card, claiming that it contains five per cent. more of any fertilizing ingredient than it does in fact, shall forfeit ten dollars for each hundred pounds thereof so offered for sale. SEC. 6. Every manufacturer of cotton sewing thread, or person engag- Omittingtoaffix label or stamp ed in putting the same on spools, or in packages of one pound weight, or to cotton thread, or selling thread less, intended for sale, who shall neglect to affix to, or impress upon, each falsely labcled. spool or package a label or stamp, designating the quantity of thread it contains, by giving the length in yards or the weight; or shall, with intent to deceive, affix to, or impress upon, or suffer to be affixed to or impressed upon any such spool or package, a label or stamp specifying that it contains a greater number of yards, or a greater quantity of thread by five per cent. than it does contain; and any trader who shall offer for sale such thread which he knows or has reason to believe is falsely labeled or stamped, as regards length or quantity, shall forfeit five dollars for each of such spools or packages. SEC. 7. Any railroad company, which shall neglect to maintain suita- Ncslec8t(7 railble water-closets at each passenger station upon its railroad, for the use of road companies passengers, shall forfeit one hundred dollars. ter-closets. SEC. 8. Every person, who shall violate any law of this State relating vi 868. Violation of into insurance companies, organized under the laws of other States or foreign surance laws. governments, shall forfeit one hundred dollars. SEC. 9. Half of the penalties imposed by the preceding sections of this What penalties payable to State. Chapter shall be paid to him who shall sue therefor and half to the State. SEC. 10. Any inspector of fish, who shall inspect or brand any package Imp 1S212. of shad imported into this State, shall forfeit five dollars to the State. not to be inspected. SEC. 11. Every attorney, sheriff, deputy-sheriff, or constable, who shall, Maint184ce. with intent to make gain by the fees of collection, purchase and sue upon any chose in action, shall forfeit not more than one hundred dollars. SEc. 12. Every legally appointed inspector or packer of fish, who shall 1l22. Violation of inbe guilty of any fraud or neglect, for which no other penalty is specifically spection laws. prescribed, shall forfeit six dollars for every offence; and every such inspector or packer, who shall mark or brand any cask containing fish, which has not been actually inspected by him, or shall put a false brand upon any cask inspected by him, shall forfeit ten dollars. SEC. 13. Every person, who, after the inspection and branding of any 1822. Altering concask containing fish, shall fraudulently take out or change any part of the tents of caskl afterinspection. contents thereof, or put into it any fish not inspected, shall forfeit twenty dollars. SEC. 14. Every person, who shall export, or ship for exportation, to any Exporting fish without Inspec. foreign port, any fish not put up, inspected and branded according to law, tion. np and the master of every vessel, knowingly having on board his vessel any such fish not so put up, inspected, and branded, shall forfeit the following sums: the owner, exporter, or shipper, shall forfeit six dollars for every cask containing fish; and every master of a vessel shall forfeit for every such cask on board, three dollars; but fish brought from another State, and inspected and branded in the State in which they were put up for market, conformably to its laws, and accompanied with such evidence thereof, as 528 CRIMES A-n) CRIMINAL PROSECUTIONS. [Title 20. such laws require, may be exported from this State, without any re-inspection. 1726. SEC. 15. The selectmen shall forfeit two dollars for every month in Selectmen not erecting which their town shall be without a sufficient pound.* pounds. To whom penal- SEC. 16. Half the forfeitures imposed by the five preceding sections tics of five precedinl sections shall be paid to him who shall sue therefor, and half to the county, in payable. which the judgment is obtained. Ton11ec. SEC. 17. Any town, which shall neglect to appoint grand jurors as Towvns neglecting to appoint required by law, shall forfeit twenty dollars to the county in which it is grand jurors. situated. (1800. SEC. 18. Each one of any company of players, who shall unlawfully Theatrical exhibitions. exhibit any theatrical shows for gain, shall forfeit fifty dollars. 1t:8s. SEC. 19. Every person, who shall, unlawfully for gain, exhibit in any Mountebanks, &c. public place any games, tricks, plays, shows, tumbling, rope-dancing, puppet-shows, or feats of uncommon dexterity or agility of body, shall forfeit not more than two hundred dollars, nor less than sixty dollars.t Permitting ex- SEC. 20. Every person, who shall unlawfully suffer another to exhibit hibitions illn one's house. any tricks of tumbling, rope-walking, dancing, puppet-shows, or any uncommon feats of agility of body, for gain, in his house or its appurtenances. shall forfeit seven dollars. RIS7. 18f49. SEC. 21. Every person, except the owner, who shall remove any stone Removal of stolle oil com- from the common shore below high-water mark, or from any beach or bar moll shore. adjacent thereto, shall forfeit not more than thirty-five dollars. 1S51. 1867. SEC. 22. Every moderator of a town meeting, who shall neglect to make Neglect of moderator to make any return required by law, shall forfeit twenty dollars. return. 17020. SEC. 23. Any grand juror, who, after he is sworn, shall neglect to make Neglect of dnty by grand juror. seasonable complaint of any crime or misdemeanor committed within the town where he lives, which shall come to his knowledge, shall forfeit two dollars. 1842. 1854. SEC. 24. Any public weigher, who willfully neglects to weigh any article Neglect of weigher, &c. legally brought to him for that purpose, and to give a certificate of the weight thereof according to law, except in a matter in which he has an interest, or who shall give a certificate of the weight of any article in which he has an interest; and every person selling any heavy or bulky article of merchandise, usually sold by weight, who shall, upon the request of any purchaser thereof who shall offer to pay for the weighing of the same, refuse or decline to have the same weighed by a public weigher in the town where said purchaser resides, shall forfeit five dollars. 175r. SEC. 25. Every person, who shall violate any of the rules made by two Violating rules for restraining justices of the peace for restraining or destroying dogs, and legally pubdog-s. lished and posted, shaill forfeit seven dollars. 1850. lS63. SEc. 26. Every person, who shall rescue any animal liable to be imRescuin(r. animalus goinl to, pounded from any person going to pound with it, or shall attempt to preor in, pound. vent him from driving it to pound, or shall resist him therein, shall forfeit four dollars; and any person, who shall break the pound, or in any way convey out of it any animal lawfully impounded, or shall rescue any animal, seized by another while roaming at large upon any public highway or common, and opposite to his land, for the purpose of being kept or pastured * May hire a place for a pound. 26 Conn., 406. tWhat shows punishable at common law. 3 Day, 103. Chap. 12.] QUI-TAM SUITS AND FORFEITURES. 529 thereon, or trespassing upon his premises, from the person thus having seized it, shall forfeit seven dollars. SEC. 27. Every person, who shall refuse to remove any gun-powder in Refs3 trehis charge, when legally requested by the selectmen of the town in which lgove gun-powthe same is deposited or kept, or who shall not deposit and keep it at the place legally designated by them, shall forfeit fifty dollars. SEC. 28. Any assessor, who shall accept the list of any person, not made, As l.S Assessors resworn to, and perfected according to law, shall forfeit all compensation for ceiving lists,not acting as assessor, and shall also, for each list so accepted, forfeit fifty dollars. SEC. 29. Half the forfeitures imposed by the eleven preceding sections To whom penalties of eleven shall be paid to him who shall sue therefor, and half to the town in which precedillng sec-' tions payable. the offence is committed. SEC. 30. Every executor having knowledge of his appointment, who E (;99. shall neglect within thirty days next after the decease of the testator, to lectin'g tio prove exhibit the will to the proper Court of Probate, shall forfeit seventeen fuse the trust. dollars for each month after the expiration of the said thirty days, until he shall exhibit it to such court, half to him who shall sue for the same, and half to the town where the testator last dwelt. SEC. 31. Any officer who shall unnecessarily fail to execute a warrant O 1 02. Officer neglectto summon a jury of inquest, and any person summoned on such jury, ins to sumlmon a j'ury of inwho shall fail to appear, without reasonable excuse, shall forfeit five cl- quest, rc. lars to the town. SEC. 32. Any person who shall, for the purpose of buying or selling, o 18.'- Using unsiani)puse any weight or measure not legally stamped, shall, for every offence, ed weirlhts and forfeit two dollars, half to the town, in which such offence shall be coinmitted, and half to the sealer of weights and measures for said town, who shall prosecute for such offence. SEC. 33. Any person, not registered on the books of the recordingo 187. 0 Illegal voting in secretary of the State or a county agricultural society as a member of it,.aricultural socleties. who shall vote or act in any meeting of any such society, shall forfeit seven dollars, half to the person who shall give information, and furnish evidence to any informing officer of the violation of this section, and half to the town where the offence is committed. SEC. 34. Any registrar of voters of any ward or voting district in the 18R60. 1874. Misconduct of city of New Haven, or of any town, who shall fraudulently omit to place reoistrars of voupon the proper registry list the name of any person lawfully entitled to have his name placed thereon; or who shall fraudulently place on such list the name of any person whose name is not by law entitled to a place thereon; or who shall fraudulently neglect or refuse to perform any of the duties enjoined upon him by law, shall forfeit one thousand dollars, half to the person who shall sue therefor, and half to said city or town, as the case may be, or shall be imprisoned not more than six months. SEC. 35. Every assessor, who shall neglect to hand in a sworn list of Assessors omithis taxable property to the assessors of the town in which he resides, shall ting to return a forfeit fifty dollars to such town. SEC. 36. Any person, chosen to the office of assessor, and having ac- 1851. Assessor refuscepted the same, who shall afterwards refuse to be sworn, or to perform ic to besworn, the duties of his office, shall forfeit thirty dollars to the town in which he resides. SEC. 37. Every person, who shall refuse to discharge the duties of any Ief 16s2 di town office to which he is appointed, or shall refuse to take the oath pre- charo'e duties of town office. 530 CRIMES AND CRIMINAL PROSECUTIONS. [Title 20. scribed by law, shall, except when otherwise provided, forfeit five dollars to the town, unless he has a reasonable excuse. 1S21. SEC. 38. Every owner or possessor of lands shall cut or mow down all Neglect to cut Calada thistles. Canada thistles growing thereon, or in the highway adjoining the same, so often as to prevent their going to seed; and if he shall suffer them to grow, and the seed to ripen, so as to cause or endanger the spreading thereof, he shall forfeit five dollars; and any person may enter on the lands of another who shall neglect to cut or mow down such thistles, and may cut or mow them down. Penalty for sell- SEC. 39. Every person who shall knowingly vend any grass seed, in ing thistle seed. which there is any seed of the Canada thistle, shall forfeit ten dollars. Sale otf domestic SE. 40. Every person who shall sell, or offer for sale, by the skein, any sewing silk, sewing silk of the manufacture of this country, of imported or domestic materials, unless each skein shall consist of twenty threads, and two yards long, shall forfeit seven dollars. Neglect by rail- SEC. 41. Every railroad company, which shall willfully refuse to transroandcompayll t port milk for any person according to law, shall forfeit twenty dollars. transport milk. To whom penal- SEC. 42. The forfeitures imposed by the four preceding sections shall preceding sec- be paid to him who shall sue therefor. tions are payabl 702. SEC. 43. The selectmen of any town, who shall not erect a sign-post, Neglect to erect according to law, or shall neglect to keep a legal sign-post in repair, shall sign-posts. forfeit five dollars for each month during such neglect, to be recovered by him who shall sue for the same within six months thereafter. ti9764it. SEC. 44. Every person, not a member of a religious society or congreVotilng without right in religi- gation, who shall intermeddle or vote in any meeting thereof, shall forfeit otis societies. three dollars, half to him who shall sue therefor, and half to such society or congregation.* Ne1867le.t rail- SEC. 45. Any railroad company, which shall refuse to give a receipt to roadl company to the owner or shipper of any commodity, delivered to it for transportation, give receipts. describing such commodity, shall forfeit to such owner or shipper fifty dollars. State's Attorney SEC. 46. The State's Attorney in the county in which any forfeiture, to collect State and county for- either to the State or county accrues, shall collect it and pay it to the feitures. proper treasurer; and, if in the opinion of the court the plaintiff is an improper person to collect it, a separate execution may be issued in favor of the State, or such county, for its part. * Illegal voting may not be prosecuted by a grand juror. 11 Conn., 95. Chap. 13.] CRIMINAL PROSECUTIONS. 531 CHAPTER XIII. Criminal Prosecutions. PART I. Informing Officers. PART II. Police and City Courts, and Justices of the Peace. PART III. Bail. PART IV. Jurisdiction and Powers of the Superior Court and its Judges. PART V. Trial and Proceedings after Conviction. PART VI. Costs. PART VII. Rewards. PART VIII. Requisitions. PART IX. Limitation of Prosecutions. PART X. General Provisions. PART I. Informing Officers. SECTION SECTION 1. Original information, when filed. 5. Grand jurors may punish for contempt. 2. Complaints to be made by grand jurors. 6. Informationin cases not capital, &c. 3. Grand jurors may administer oaths, when. 7. Who may prosecute in qgui-tam suits. 4. Mleetings of grand jurors to inquire into 8. Complaints for violation of election laws. offences, &c. SEC. 1. An original information may be filed in the Superior Court s1874. Orignal inforagainst any person accused of crime, in cases in which an inferior court marion, xwhen may, at its discretion, punish him, or bind him over for trial. filed. SEC. 2. Grand jurors shall diligently inquire after, and make complaint 1750. 1821. of all crimes and misdemeanors that shall come to their knowledge, to be made byto the court having cognizance of the offence, or to some justice of the peace grand jurors. in the town where the offence is committed.* SEc. 3. Grand jurors may require any person, informing them of the 1853. Grand jurors commission of a crime, to make information under oath, and may adminis- may administer oath, when. ter the witness oath to him. SEC. 4. The grand jurors in each town, or any three of them, may 1731. 1750. Meetings of meet to advise concerning offences committed therein, and may call before brand jlrors to them, at such meetings, any witnesses, to be examined touching the same; inquirfenes, fc. and if any person shall refuse to appear before them at such meeting, being subpoenaed by competent authority, they may apply to a justice of the peace for a cacpias, who may issue one to bring such person before them; and if any person appearing, or, being brought before them, shall refuse to be sworn, or, being sworn, shall refuse to answer any proper question, they may complain to any justice of the peace in the county where such meeting is had, who shall cause such person to be brought before him, and commit him to jail, there to remain, at his own expense, until he shall give evidence as required. * Enacted at the revision of 1750. Complaint was to be made' to some assistant or justice of the peace." The words "in the town where the offence is committed," were added in 1S21. Sin(le grand jurors could not make complaint for criminal offences before the act of 1702, before which time they only made presentments when summoned to attend courts of criminal jurisdiction. To whom complaint must be made. 7 Conn., 181. Grand jurors may not complain of improper voting in ecclesiastical society meetings. 11 Conn., 95. May arrest, on sight, persons unlawvfully traveling on Sunday. 11 Conn., 455. {May make complaint after a refusal to take the oath, &c. 17 Conn., 585. Acts of grand juror de facto cannot ble collaterally questioned on the ground that he is not grand juror de jr~e; grand juror de facto is one who, without being by law absolutely entitled to exercise the duties of grand juror, does exercise them under color of appointment or election to that office. 17 Conn., 5S5; 18 Conn., 4S9; 19 Conr., 493. Complaint need not be made to a justice residing in the town. 30 Conn., 580. 532 CRIMES AND CRIMINAL PROSECUTIONS. [Title 20. 1750. SEC. 5. Said grand jurors, when so met, shall have all the powers of a Grand jurors may punish for justice of the peace, when holding court, to commit for contempt. contempt. 1730. 1784. SEC. 6. For all crimes not punishable with death, or imprisonment for Information in cases not capi- life, the prosecution may be by complaint or information.* tal, &c. 1814. SEC. 7. When a fine, penalty, or forfeiture is imposed, by any statute, Who may prosecute in qui-tam as a punishment for any offence, and any part thereof is given to the persuits. son aggrieved, or to him who shall sue therefor, and the other part to the State, county, or town, all proper informing officers shall make presentment of such offence to the court having cognizance thereof; and the whole of such fine, penalty, or forfeiture shall, in such case, belong to the State, county, or town, as the case may be. 1868. 1874. SEC. 8. Upon the written complaint of any three electors of a town, in Complaints for violation of which a violation of any law relating to elections shall have occurred, to election laws. any justice of the peace of the county in which the offence is committed, supported by oath or affirmation that the complainants have good reason to believe, and do believe, that the allegations therein contained are true and can be proved, he shall issue a warrant for the arrest of the accused. PART II. Police and City Courts, and Justices of the Peace. SECTION SECTION 1. Jurisdiction of justices. 7. Justice may punish or bind over, when. 2. Their duties. 8. Limitation of jurisdiction of justices. 3. Jurisdiction of offences on cars or steam- 9. Binding over by justices. boats. 10. Sureties of the peace, when required. 4. Judgment on view. 11. Bonds before justice, or Police or City 5. Justices may issue process to be served Court. any where in the State. 12. Appeal copies to be transmitted within ten 6. Search warrants in case of cruelty to ani- days. mals. 13. Imprisonment in a work-house. 1848. SEC. 1. Every justice of the peace, in any court holden by him in the Jurisdiction of justices. county for which he may be appointed, shall have jurisdiction of all offences, committed in the town in which he holds such court, punishable by a fine of not more than seven dollars, or by imprisonment not more than thirty days, or both.f 1874. SEC. 2. When any person is apprehended and brought before a justice Their duties. of the peace by any proper officer without a previous warrant, such justice shall issue a warrant and cause such person to be arrested and dealt with according to law. 1867. SEC. 3. All persons, arrested by railroad or steamboat policemen, for Jurisdiction of offences on cars offences committed upon cars or steamboats when in motion, may be proseor steamboats. cuted before any court, in the same manner as if such offences had been committed in the town in which such court is held. 1,26. SEC. 4. When any justice of the peace shall have personal knowledge Judglment on vicde. that any person is guilty of drunkenness, profane swearing, cursing, or * On binding over the Attorney may file new information charging offence in several counts. 35 Conn., 319; and may describe the offence in a manner different from its descriptions in the court below. Ibid. Dates expressed in figures, and not in words, sufficient. 34 Conn., 280. Generally sufficient to describe offence in the words of the statute, 39 Conn., 229. t As to jurisdiction of justices residing and holding court in a city to try offences committed without its limits. 38 Conn., 35. Chap. 13.] CRIMINAL PROSECUTIONS. 533 Sabbath breaking, such knowledge shall be sufficient evidence for such justice of the peace to render judgment against him, without previous complaint and warrant, having first caused such person to be brought before him.* SEC. 5. Every justice of the peace may issue process upon any com- 1TS' 766s. plaint authorized by law, to any proper officer, or, by name to any indif- Justices mlay' issue process to ferent person, to be served in any part of the State. to apprehend and be served allybring before himself, or any other proper authority, for trial or examina- State. tion, any person against whom complaint is made for any criminal offence for which he ought to be brought before such authority, and may, in like manner, grant a stlslve7cIm or capisccs for witnesses in such cases; and such indifferent person shall have authority to execute the samo.t SEC. 6. When a sworn complaint is made to any proper authority, that 1sr4. Search warrants the complainant believes, and has reasonable cause to believe, that the laws iln case ofruelty to aniuuals. in relation to cruelty to animals have been or are being violated in any particular building or place, such authority, if satisfied that there is reasonable cause for such belief, shall issue a warrant, authorizing any sheriff, deputysheriff, constable or police officer to search such building or place; but no such search shall be made after sunset, unless specially authorized by such authority upon satisfactory cause shown. SEc. 7. When any complaint shall be brought before a justice of the 1s48. 18ss. Justice may peace, in which the punishment may be greater or less than a fine of seven puunish or bind dollars, and an imprisonment for thirty days, he may try the same; and if o when. in his opinion no greater punishment ought to be imposed, he may render judgment therein for a fine of not more than seven dollars and an imprisonment for not more than thirty days, and grant a warrant for the execution of the same, but if, in his opinion, such offence is of so aggravated a nature as to require a greater punishment, the accused shall, except when otherwise specially provided, be bound to the next Superior Court, having criminal jurisdiction, to be holden in the county in which the offence is committed; and any person, convicted by any justice of the peace, may appeal from his judgment to said court, except nhen convicted of profane swearing, cursing, or Sabbath breaking; but upon such appeal he shall give a recognizance, with surety, to the State, conditioned that he shall appear before the next Superior Court, having criminal jurisdiction, to be holden in such county, to answer to the complaint and abide the order or judgment of said court thereon.t SEC. 8. No justice of the peace, or Police or City Court, shall have final Is84. limitation of jurisdiction of any prosecution for crime, the punishment for which may jir'isdiction of be imprisonment in the State prison. justices. SEc. 9. When any complaint for any criminal ratter, cognizable by the 1s848. Bindina_ over by Superior Court, shall be legally brougrJht before a justice of the peace, he justiceos. * A justice having plain view, and personal knowledge of the offence of profane cursing, &c., may arrest and convict offender without warrant. S Conn., 375. t Warrant must be issued by the justice to whom the complaint is addressed. 37 Conn., 32. May direct the accused to be brought before some other justice of the peace in the county. 59 Conn., 448. The act of 1784, authorizes justices of the peace to direct process to indifferent persons, who upon such direction have all the authority of known officers. f In 1702, the final jurisdiction of justices of the peace was fixed at forty shillings and remained so until the revision of 1795, when it was established at seven dollars. The right of appeal has always been as it now is, and also the authority to bind over. When a justice cannot take cognizance of a complaint made by a private person. 1 Conn., 406.'Jhen a person is brought before a justice of the peacdfor examination, it is his duty to bind hiin over to court, or discharge him, as probable cause may or may not appear. 4 Conn., 71. 534 CRIMES AND CRIMINAL PROSECUTIONS. [Title 20. may inquire into the facts relating thereto; and if he shall find that probable ground exists for its support, he may, if the offence is bailable, order the accused to enter into a recognizance, with surety, to the State, conditioned that he shall appear before the next Superior Court having criminal jurisdiction, to be holden in the county where such bond is taken, to answer to the complaint and abide the order or judgment of said court thereon; and on his failure to enter into such recognizance, or, if the offence complained of be not bailable, said justice of the peace shall order him to be committed to the jail in said county till the next session of said court, or until he shall be discharged by due course of law.* 1698. SEC. 10. Any justice of the peace, in the county where he resides, may, 1821. 1830. Sureties of the from his personal knowledge, or upon complaint of another, require sureties peace, when required. of the peace and good behavior from any person who shall threaten to beat or kill another, or who shall abuse any justice of the peace, or resist or abuse any officer, in the execution of his office, or contend with angry words, or by any unlawful act terrify and disturb the good people of this State; and when any person shall complain on oath to a justice of the peace, that he has just cause to fear that another will imprison, beat, or kill the complainant, or procure others to do so, and that he is under fear of bodily harm, such justice of the peace may, if he believe such person has just cause for such fear, require sureties of the peace and good behavior, from the person so complained of; and upon refusal of the person so required to find sureties of the peace, in either of said cases, the justice of the peace may commit him to the jail, in the county, to remain until he shall be discharged by due course of law, or until the next session of the Superior Court having criminal jurisdiction in said county, which may make further order relating Is74. to the subject matter of said offence; but in all cases in which any person shall so complain on oath, such justice of the peace shall require of him a sufficient bond to prosecute his complaint to effect; and if the person complained of shall be discharged by said justice of the peace, for want of probable cause, the complainant shall pay all the costs of said prosecution, so that no part thereof shall be taxed against the State; and said justice of the peace shall tax the same against the complainant, and issue execution against him therefor, and the same, when collected, shall be paid into the hands of said justice of the peace, to be by him paid to those to whom the same may be due.t 1S57. SEC. 11. Upon the adjournment of the hearing of any criminal cause Bonds before justice, Police, by any justice of the peace, or Police or City Court, the accused shall be or City Court. i a. required to enter into a recognizance in a proper sum, with surety, conditioned that he shall appear at the time to which said hearing shall be adjourned, and abide the order of the court. If the cause is or may be within the final jurisdiction of the court, said recognizance shall be taken to the town wherein said hearing is had, if said cause is pending before a * Bond required of two and given by both with surety for appearance of both, is void; bonds should be taken from each separately, with surety for his own appearance. 21 Conn., 597. What finding by justice, and what form of recognizance sufficient. 4 Conn., 71. Form of bond and its breach. 29 Conn., 448. A recognizance is an obligation of record, and strictly a bond. 32 Conn., 221. No defence to suit on bond that accused was taken from another State on a requisition. 36 Conn., 242. t Sureties for the peace and good behavior coul d be required by the act of January, 1698. In the revision of 1821, the provisions of the present act were adopted. The proviso was adopted in the revision of the criminal law in May, 1830. Recognizance may require accused to appear before Cdlnty (now Superior) Court, and abide judgment. 15 Conn., 149. Chap 13.1 CRIMINAL PROSECUTIONS. 535 justice of the peace; and to the city wherein such Police or City Court is holden, if said cause is pending before such court, and is, or may be, within the final jurisdiction of said court; but, if said cause is not within the final jurisdiction of the court before which the same is pending, said recognizance shall be taken to the State.* SEC. 12. When any Police or City Court, or justice of the peace, shall Al45. o867. Appeals to be bind over or hold for trial, before the Superior Court, any person charged transmitted within tell days. with any criminal offence; or when such court or justice shall not find probable cause to so bind him over or hold him for trial; or when an appeal shall be taken to the Superior Court from any judgment of a Police or City Court, or justice of the peace, such court or justice shall, within ten days thereafter, transmit to the clerk of such Superior Court, or to the State's Attorney for the county where such prosecution shall have been had, copies of the files and record in such cause, with the particulars of the costs therein; and shall enter upon the same the names of all persons who testified on the trial of such cause, with their places of residence, so far as known to him, designating therein the witnesses offered on behalf of the prosecution, and those for the defence; and no costs shall be taxed or paid to any Police or City Court, or justice of the peace, failing to comply with the provisions of this section, SEC. 13. When a justice of the peace may punish any convict by im- I130. Imprisonent prisonment in jail, he may, instead, punish him by imprisonment in a work- in work-house. house of the town wherein such conviction is had, or in which such town may have a right to confine delinquents, or in the county work-house, for a term not exceeding ninety days; and when a justice of the peace may commit any such person, for the non-payment of any fine or costs, he may commit him to the jail, or to such work-house, until he shall pay the same.t PART III. Bail. SEC. 1. Bail, how taken when person is confined [SEc. 2. When surety may surrender his principal. in jail. I SEC. 1. Every person, detained in jail for trial for an offence not pun- so0s. ishable with death, shall be entitled to bail, and shall be discharged from 30il ho1 tS4kl imprisonment upon entering into a proper recognizance, with sufficient wchen eron ija surety, for his appearance before the court having cognizance of the offence, to be taken by the court, a judge or clerk of such court, or by a County Commissioner of the county where said person is so detained.t SEC. 2. Any surety in a recognizance in criminal proceedings, who 1851. When siIrety believes that his principal intends to abscond, may have the same remedy, may strrenlder and proceed and be discharged in the same manner, as sureties upon bail his principal. bonds in civil actions. *If prisoner neglects to appear, justice may call him and his sureties, and make record thereof. 4 Day, 97. If justice has power to convict or acquit, so that his judgment may be a bar, he has final jurisdiction, within the meaning of this section. 21 Conn., 81. See 14 Conn., 206, decided before enactment of this section. t A sentence to commit the offender to the work-house until released by order of law erroneous. 3 Conn.. 502. I When bail may not be talken. Kirby, 259. Whenl it may be taken. 2 Day, 1. 536 CRIMES AND CRIMINAL PROSECUTIONS. [Title 20. PART IV. Jurisdiction and Powers of the Superior Courts and its Judlges. SECTION SECTION 1. Jurisdiction of Superior Court. 5. Application for enlargement of an insano 2. When certain appeals to Superior Court to person, how made. be tried. 6. Houses used for printing obscene books, 3. 5When grand jury required. or for gaming, &c. 4. Insane convicts, how disposed of.. When gaming implements, &c., may be destroyed. Jl i5. 1865l f SEC... The Superior Court shall have sole jurisdiction of all appeals Jurisdiction of Superior Court. from the Police and City Courts in cities, and from justices of the peace, and of all offences except such as are by law within the sole jurisdiction of said Police or City Courts, or justices of the peace; and in all prosecutions for the violation of the provisions of any charter, or ordinance or by-law of a city or borough, the defendant shall have a right of appeal as in other cases.'* 1852. IS6-1. SEC. 2. Any case which shall come to the Superior Court, by appeal or Certain appeals to Superior binding over, for a violation of any statute against keeping, frequenting, Court to Ibe tried, when. or maintaining houses of ill-fame, or a house reputed to be an assignation house, or a house where lewd, dissolute, or drunken persons resort, or where drinking, carousing, dancing, or fighting, is permitted to the disturbance of the neighbors, or against gaming, or for neglecting to eject a tenant who shall have been convicted of a violation of any of said statutes, shall be tried at the first term of the Superior Court, having criminal jurisdiction, at which a jury shall be in attendance, after such appeal or binding over, unless the court shall order the case to be continuecd. 1734. SEC. 3. The Superior Court may, when necessary, order a grand jury Jary reqaired. of eighteen electors of the county where said court is sitting, to be sumnmoned, impaneled, and sworn to inquire after and present such offences as shall be cognizable by said court; and no person shall be put to plead, or held to trial, for any crime, the punishment of which may be death or imprisonment for life, unless an indictment shall have been found against him for such crime, by a grand jury, legally impaneled and sworn; and no bill shall be presented by any grand jury unless twelve at least of the jurors agree to it.t 1865. is70. SEC. 4. The court before which any person shall be tried on any Inlsanlle convicts,,how disposed criminalcharge, and acquitted on the ground of insanity or demtentia, may of. order him to be confined in the Connecticut Hospital for the Insane, for such time as said court shall direct, unless some person shall undertake before said court, and give bond to the State, conditioned to confine such person so acquitted in such manner as such court shall order; and said court shall appoint an overseer to him, if he have any estate, with the same powers, and duties as conservators appointed by Courts of Probate; and if he have no estate, and does not belong to any town in this State, * Superior Court has no power to try criminal case withont a jury. 27 Conn., 281; but see section one, Part V. fDirections to grand jury. 1 Conn., 428. Proceedings before grand jury. 16 Conn., 457. When grand jury not necessary. 3 Conn., 112. Accused has no right to be present at inquest of grand jury. 21 Conn., 272. Chap. 13.] CRIMINAL PROSECUTIONS. 537 the expense of his confinement, support and treatment, shall be paid by the State.* SEC. 5. Such person may petition the Superior Court of the county in ls59. 1S65. Application for which he is confined for his enlargement, and the petition shall be served, enlargement of alln insane perlike civil process, on the selectmen of the town to which he belongs; and son, how made. said court shall make such order as to his disposal as it shall deem proper; and the State's Attorney for such county shall appear and oppose such application. SEC. 6. Upon complaint on oath, by any grand juror, or by any two 1834. Houses used for credible persons, to any judge of the Superior Court, that he or they sus- printing obscene books, or pect, or have cause to suspect, that any building is used for the purpose of for gaming, ac. printing, binding, depositing, or selling any printed or engraved matter of an obscene character, or any painting, drawing, or figure of a like character, or as a common gaming house, he may issue a warrant, commanding any proper officer to enter into any such building, and arrest all persons who shall be found there gaming, and the keeper or keepers of said building, having therein the articles above described, or any of them; and also to take into his custody all the materials and instruments for gaming, and all such obscene, printed or engraved matter, paintings, drawings, or figures; and to keep such person or persons, and all such materials and instruments, printed or engraved matter, paintings, prints, drawings, or figures, so seized, so that the same may be forthcoming, to be dealt with and disposed of according to law. SEC. 7. If such judge shall find that such materials and instruments When gaminimplements,.are used for gaming, or that such printed and engraved matter, paintings, &c., may be destroyed. prints, drawings and figures, are of an obscene character, he may order them to be forthwith destroyed. PART V. Trial, and Proceedings After Conviction. SECTION SECTION 1. Venue. 13. Sentence to State prison, how pronounced. 2. Change of venue. 14. Juvenile offenders, how punished. 3, Clerk to transmit file in transferred cases. 15. When clerk to give notice to warden of 4. Capital offences to be tried before two State prison. judges. 16. New trials, and motions, and writs of er5. Peremptory challenge of jurors. ror. 6. Conviction in capital cases. 17. Proceedings on affirmance of judgment. 7. Husband or wife of accused, competent 18. Warrants for State prison, how executed. witnesses. 19. Punishment of death, how inflicted. 8. Evidence in prosecutions for stealing banlk 20. Expense of execution, how paid. bills. 21. lHigh crimes and misdemeanors. 9. Depositions, when and before whom ta- 22. Punishment for second and third convicken. tions. 10. Demurrer. 23. State's Attorneys may discharge prisoners. 11. Accused to be last heard. 24. Discharge of prisoners by County Com12. Direction of court to jury. missioners. SEc. 1. Every person, charged with any offence, shall be tried in the 1s21. 184. county wherein it shall have been committed, except where it is otherwise provided; and he may, if he so elect, when called upon to plead, be tried by the court instead of the jury, and the court may, in such case, try said What degree of mental incapacity constitutes dementia. 39 Conn., 591. 538 CRIMES AND CRIMINAL PROSECUTIONS. [Title 2 ). cause and render judgment thereon; and when theft shall be committed in one county, and the property stolen shall be carried into another county, the offender may be tried in either county.i SEC. 2. The judge, holding any term of the Superior Court, may, upon Change of venue. motion, order any criminal cause pending in such court to be transferred to the Superior Court in any other county, first taxing the costs which shall have accrued to the time of such transfer; and any person bound to appear in such cause shall appear before the court to which it is trans-'Terred; and the judge, ordering such transfer, may require an additional recognizance for the appearance of the accused before said court. Clerk to trans- SEC. 3. The clerk of the court, in which such cause is pending, shall mit files in transferred transmit the original files and papers therein, with a certificate of such causes. transfer, to the clerk of the other court, who shall enter it on the docket of said court at the next term having jurisdiction thereof, to be thereafter proceeded with in the same manner as if it were originally brought to such court. 1867. SEc. 4. In trials for offences punishable by death, the judge, holding Capital offences to be tried be- the court before which such trial is to be had, shall call to his assistance a fore two judges. judge of the Supreme Court of Errors, or of the Superior Court, and said trial shall be had before both of said judges; and the judge of the Supreme Court of Errors, or the senior judge of the Superior Court shall preside at said trial, and have a casting vote upon all questions necessary to be decided by said court. 1SS4. SEC. 5. The accused may challenge peremptorily, when arraigned be1858. 1S0O. Peremptory fore the Superior Court for any offence punishable by death, twenty jurors; challenge of jurors. for any offence punishable by imprisonment for life, ten jurors; for any offence, the punishment for which may be imprisonment in the State prison for less than life, four jurors; and for any other offence, two jurors; and the State, on the trial of any criminal prosecution, may challenge two jurors peremptorily. i 16 7. SEC. 6. No person shall be convicted of any crime, punishable by death, Conviction in capital cases. without the testimony of at least two witnesses, or that which is equivalent thereto. 1867. SEC. 7. Any person, on trial for crime, or the husband or wife of such Ilhusband or wife of accused, corn- person, shall, at his or her own request, but not otherwise, be a competent petelit witn SSis. witness; but the neglect or refusal to testify shall not create any presumption against the defendant, nor shall such neglect be alluded to, or commented upon by the prosecuting attorney, or by the court. 1862. SEC. 8. In all prosecutions against any person for stealing any bank Evidence in prosecutiols for bill, purporting to be issued by any bank incorporated by the laws of any stealing bank bills. other State, it shall not be necessary to prove the Act incorporating such bank. 18142. SEc. 9. When it shall appear to the Superior Court, or the judge who Depositions, when and be- shall have been designated to hold the next term thereof, that the testifore whom n taken. mony of any witness will be required on the trial of any prosecution pend*A thief may be tried wherever he carries the stolen goods. 1 Root, 69; 3 Conn., 185. The courts in this State will not take cognizance of an offence committed in another State. 1 Root, 403. Accused or his counsel may waive objection to proceedings, except in capital cases. 34 Conn., 287. Courts will take cognizance of offences committed in this State by the procuration of a resident of another State, not personally here. Itera, 118. t At what stage of the proceedings challenge must be made. 18S Conn., 166. Judgment will be arrested when juror has expressed opinion )efore trial. 34 Conn., 280. Chap. 13.] CRIMINAL PROSECUTIONS. 539 ing before it, who, by reason of bodily infirmity, or residence~ out of this State, can not be had in person before such court on such trial, such court or judge may, upon the application of the accused, order that the deposition of such witness shall be taken before a commissioner or magistrate, to be designated by such court or judge, on reasonable notice, to the State's Attorney in the county in which such prosecution shall be so pending, of the time and place such examination will be had, and of the interrogatories to be propounded; and said Attorney may, within such time as such court or judge shall limit, file with the clerk of said court additional interrogatories to be propounded to the witness to be examined; and depositions so taken, opened, and filed with such clerk within such time as said court or judge shall direct, may be used on such trial. SEC. 10. WThen a demurrer interposed by the accused shall be over- 1S7~. ruled, he may plead over. SEC. 11. In all criminal trials, the accused shall have the right to be sso0. Accused to be last heard in his defence. last heard. SEC. 12. The court shall state its opinion to the jury upon all questions s182. of law arising in the trial of a criminal cause, and submit to their con- corlcttio', of sideration both the law and the facts, without any direction how to find their verdict.* SEC. 13. Sentence to imprisonment in the State prison shall be pro- lsot. Sentence. how nounced by the judge in the presence and hearing of the convicted person. pronounced. SEC. 14. When any person, between the ages of sixteen and seventeen ns43. Juvenile offendyears, shall be convicted of an offence, the punishment of which, in whole ers, how punor in part, is or may be imprisonment in the State prison, the court may sentence him to imprisonment for the same ternm in the jail of the county where such conviction is had. SEc. 15. When any person shall be sentenced by the Superior Court to 1840. Wrhen clerk to confinement in the State prison, the clerk of said court shall give notice goive notice to warden of State of such sentence to the warden of said prison by mail, immediately after prison. the. adjournment of said court. SEC. 16. Any defendant, in a criminal prosecution, aggrieved by any us4. decision of the Superior Court upon the trial thereof, or by any error ap- 1840. 15S. parent upon the record of such prosecution, may be relieved by motion for N~ew, trials, ali a new trial, motion in error, or writ of error, in the same manner, and with writs of error. the same effect as in civil actions; and it shall be sufficient service of any such writ of error, or petition for new trial, to serve it upon the State's Attorney for the county where it shall be brought; but no writ of error to reverse the judgment, rendered upon a conviction for any offence punishable by death, shall supersede the execution of such judgment, unless made returnable to the first term of the Supreme Court of Errors next succeeding the rendition of such judgment, or unless the same shall be signed and allowed by a majority of the judges of said court.t SEC. 17. When, by reason of the pendency of such writ of error, such is0o. judgment shall not be executed at the time assigned therefor, and shall Pafirmance'of not be reversed, the Supreme Court of Errors, after the final determina- judgment. *t ay direct the Attorney to state on which count he will claim conviction; and may direct the jury to find on which count the defendant is gouilty. 34 Conn., 2S1. tWrits of error were allowed to be brought to the Superior Court from judgments of the County Court, by the statute of 1184A. The first part of the present section was adopted in 1821; the residue was enacted in 1830, 1S40, and 185S. 540 CRIMES AND CRIMINAL PROSECUTIONS. [Title 20. tion of subh writ, shall appoint the time for the execution of such judgment, and the clerk of said court shall issue a writ of execution therefor accordingly. 189-. SEC. 18. Sheriffs shall execute warrants for the commitment of conWarrants for State prison, victs to the State prison, by delivering them to the warden of said prison, how executed. or to his agent, at the jail; and said warden shall cause such convicts to be transported to said prison at the expense of the State. 1So6. SEC. 19. The punishment of death shall be inflicted by hanging by the Punishment of dceath. howl in- neck, within the jail, or an inclosed yard, so as to prevent public observa-'lictted. tion, at such time as the court shall direct, not less than twelve nor more than eighteen months after conviction. 1~26. SEc. 20. Any officer, who shall receive a warrant to do execution of a Expense of execution, how judgment against any person sentenced to be punished by death, shall paiti. himself, or by agent, execute the same; and for doing such execution he shall receive a reasonable satisfaction, to be taxed and paid as provided for other expenses of prosecution. sIs. SEC. 21. In case of conviction for any high crime or misdemeanor at Iioh crhiues ani'l micde- common law, the offender may be imprisoned in the State prison not more ineanors. than five years, or in a jail not less than two months, nor more than one year, or fined not more than five hundred dollars, or both; and in case of conviction for any other offence at common law, the offender shall be imprisoned in a jail not less than thirty-one days, nor more than one year, or fined not more than three hundred dollars, or both,* IS4S. SEC. 22. Every person, having been convicted of any crime punishable Punishment for second anId by imprisonment in the State prison for a term less than for life, who third convictions. shall afterwards commit any crime of like punishment, may be imprisoned therein for a term not exceeding double the time for which he might be imprisoned without such former conviction; and every person who shall have been twice convicted of the crime of theft, not punishable by imprisonment in such prison, and shall afterwards commit the same crime, may be imprisoned therein not more than three years. is55. 1SG2. SEC. 23. The State's Attorneys in the several counties, with the advice State's Attorneys may dis- of the Superior Court, or, in vacation, of any judge of said court, may charge prisonersr. discharge from imprisonment any convict holden in a jail or county workhouse, for non-payment of fine and costs only, if he has no means of satisfying the same, said Attorney taking his note therefor, and security for its payment, if such security can be obtained; but no person confined in any jail or county work-house shall be discharged by any justice of the peace, or by the judge of.any Police or City Court. 18s45. SEC. 24. Any person, committed to jail by the sentence of any justice Discharge of prisoners by of the peace, may be discharged from such imprisonment by the County County Comnmissioners. Commissioners of the county, or by the inspectors of such jail, in the manner and upon the terms provided by law. * A battery with intent to kill, is a high crime and misdemeanor. 3 Conn., 112; 5 Conn., 325. So is the solicitation of another to commit the crime of adultery. t Coln., 266. So is an attempt to commit larceny. 30 Conn., 300. An escape without violence, fron all officer, who holds custody under a lawful precept, is not a high crime and misdemeanor. 6 Conn., 475. Nor is the erection of a stone wall upon the highhway. 6 Conln., 415; 7 Conn., 428. Every public exhibition which outrages decency, shocks humanity, or is contrary to good morals, is punishable at common law. 3 Day, 103. Escape from prison without violence is an offence at common law, but not punishable more severely than the offence for which escaping prisoner was imprisoned. 7 Conn., 384. Person illegally imprisoned may, without unnecessary force, and with intent only to secure his own escape, break prison, although such breaking should enable others, lawfully imprisoned, to escape. 7 Conn., 452. Chap. 13.] CRIMINAL PROSECUTIONS. 541 PART VI. Costs. SECTION SECTION 1. Witnesses from out of the State, how paid. 10. Attorney fee taxed against accused. 2. Costs of appeals and cases of binding 11. When and how many keepers allowed. over, how paid. 12. Fees before justices. 3. Expenses of requisitions, how paid. 13. Supreme Court to make rules, &c. 4. Costs of prosecution, by whom to be paid, 14. Expenses not provided for, how taxed and &-c. paid. 5. Orders for costs on town treasurer, 15. Appeal, how vacated. 6. Pendency of Imore thian one complaint, &c. 16. Support of prisoners after sentence. 7. Costs on unsuccessful prosecution, how 17. Fees for jlost snortesm examinations. paid.. 18. State's Attorney fees for certifying bills: 8. Witnesses for accused at State expense, drafts therefor. when. 19. Payments by State of bills of cost. 9. Allowance for defending accused. SEC. 1. When, in any criminal prosecution before the Superior Court, 1802. Witnesses from it shall be necessary to obtain the testimony of any witnesses residing out of the State, without this State, such court may allow them a reasonable sum for their how paid. time and expenses in going to, attending upon, and returning from, such court; and may allow a reasonable sum for the expense of procuring their attendance, or any document from without this State, necessary to be used as evidence on the trial of such prosecution, to be taxed and paid as in other criminal causes. SEC. 2. Costs in all criminal causes coming to the Superior Court from 1792. an inferior court, or in which the accused shall be discharged by an in- Costs of appeals ferior court for want of probable cause to support the complaint, may be biOdipOie. taxed by the Superior Court in the county in which such prosecution is had, and paid by the State on the order of the clerk of such Superior Court. SEC. 3. When a requisition shall be made by the Governor upon the 1841. executive authority of another State, for the delivery of any fugitive from qExpesitionses, ho justice, the necessary expenses of such requisition, and of the removal of paid. such fugitive, shall be ascertained, and allowed, by the Superior Court for the county, within which the crime charged shall be alleged to have been committed, and shall be paid by the State, if application therefor shall be made within one year after they shall have been incurred. SEC. 4. The defendant in any criminal prosecution shall pay the costs 1821. of his conviction before he shall be discharged; but if he shall be acquit- Costs of proseted, or if, being convicted, the costs of prosecution are not paid by him, \whom to be such costs, if the trial be had in the Superior Court, shall be paid by the State, and if before a justice of the peace, on his order, by the town in which the prosecution is had; but the expenses of supporting any prisoner in a jail, upon a conviction before any justice of the peace, shall be paid by the State; and costs, if eventually recovered of the person prosecuted, shall be paid into the treasury from which they shall have been paid.* * In the code of 1650, it was provided that persons committed for delinquency should bear the charges of prosecution. In May, 1708, it was provided that the charges of prosecution should be borne by the persons prosecuted, unless it appeared that there was no reason for the prosecution. In 1784, it was provided that persons accused, whether found guilty or not, should pay all the cost of prosecution before they could be discharged, if it appeared to the court that the same was occasioned by any unlawful or blameable conduct of the accused. In 1821, the present provisions were adopted. Payment of costs is part of the punishment. 16 Conn., 47. 37 542 CRIMES AND CRIMINAL PROSECUTIONS. [Title 20. 1839. SEC. 5. All orders, drawn by a justice of the'peace on the town treasOrder for costs on town trees- urer for costs in criminal prosecutions, shall specify their items; and such urer. treasurer shall pay such costs to the persons severally entitled to receive them. 15o2. SEC. 6. When more than one prosecution shall be pending at the same Pendency of more than one time, against the same person, whether in the same or different courts, for complaint, &c. offences which could have been joined in one prosecution, the court trying the same may refuse to tax any more costs than would have been taxable, if said offences had been so joined. 1153. SEC. 7. If any costs shall arise in any prosecution, and the accused Costs on UllSccessfil pIrosecc-l cannot be apprehended, or, being apprehended, shall, without fault of the tions, how paid. officer, escape before he is committed to prison or bailed, such costs, if the offence of which such person is accused is cognizable by the Superior Court, shall be paid by the State on the order of the clerk of such court, and if cognizable by a justice of the peace only, on his order by the town in which such offence is alleged to have been committed. 1839. SEC. 8. The court before which any criminal prosecution is pending may Witnesses for accused at State order such number of witnesses, as the court shall approve, to be sumexlense, when. moned on behalf of the accused, at the expense of the State. 1S72. SEC. 9. The court may allow to the counsel, who shall defend any perAllowance for Allowefending ac- son accused of crime and on trial before it, a reasonable compensation for cused. his services, not exceeding the amount allowed to the prosecuting officer for conducting said prosecution, to be paid to such counsel and taxed as other criminal costs. 1870. SEC. 10. In no case shall the attorney fee, taxed against the accused on Attorney fee taxed arainst conviction, exceed five dollars. accnsec. SEC. 11. No compensation shall be allowed to any officer for more than en and hkeepersw one keeper, on one and the same process, except in special cases, to be ailowed. approved by the court; and keeper's fees shall not be taxed, in any case, unless the court finds that such services were necessary. Fees before jus- SEC. 12. No attorney fee shall be taxed by a justice of the peace, in a tices. criminal prosecution; nor shall any item of costs in criminal cases be taxed, except such as are authorized by law. 1841. SEC. 13. The Supreme Court of Errors may establish rules, not incon. Supreme Court to make ruols, sistent with any statute, for the taxation of costs and expenses, in all crim&c. inal proceedings. Expenses not SEC. 14. Such sums for any expenses necessarily incurred in any proseI'royided for, cution, for which no particular provision shall have been made by such how taxed and 1aid. rules, nor by statute, shall be taxed as the Superior Court shall consider to be reasonable, to be paid out of the treasury from which the cost in such case shall be payable. ps50. SEC. 15. Any person, appealing from the judgment of a justice of the Atppeal how va- peace, adjudging him to pay a fine and costs only, may pay the same at any time before the session of the appellate court, without further cost, except for the copy of record, if such copy shall have been made; which payment shall vacate the appeal and restore the judgment. act1. SEC. 16. The support of prisoners in jail, sentenced to the State prison, oners atfter so- or to be hung, shall be paid by the State. t 1853. SEC. 17. When any person shall be found dead, under circumstances Fees forx pos.t justifying the suspicion that he may have died from violence or poison, any ti. prosecuting officer may employ some physician or surgeexaon to nations. prosecuting officer may employ some physician or surgeon to make a post Chap. 13.1 CRIMINAL PROSECUTIONS..543 mortecm examination of the corpse; and the Superior Court may tax a reasonable compensation for such examination to be paid as. costs in criminal cases. SEC. 18. The State's Attorney in each county, shall examine the bills of 1860. State's Attorcosts, arising from the board of prisoners in the jails of such county, after ney fees for ceritfying bills: conviction, at each term of the Superior Court, having criminal jurisdiction, draftsftherefor. and certify to their correctness; and the Superior Court shall tax the same, and the clerk of such court shall draw his orders upon the State Treasurer for the amount of such bills of costs, and pay the same to the persons entitled thereto. SEC. 19. A11 bills of costs, in criminal prosecutions, taxed by the 1792. Payments by Superior Court, shall be paid by the State to the clerks of such court, state ot bills of cost. who shall pay them to the persons entitled thereto, taking their receipts therefor; and all such costs not demanded within six months after the final adjournment of the court, taxing such bills, shall be relinquished to the State; and such clerks shall account for the same with the Controller, in the next settlement of their accounts. PART VII. Rewards. SECTION SECTION 1. Reward offered in capital cases. 3. Selectmen authorized to offer rewards. 2. Reward in case of violation of graves. 4. Reward for discovery of forgers, &c. SEC. 1. When any crime shall have been committed, punishable with 1870. Reward offered death, the Governor, upon application of the State's Attorney in the county in capital cases. in which it shall have been committed, may offer, publicly, a reward, not exceeding three thousand dollars, to the person who shall give such information that the gh!ilty persons may bea pprehended and convicted; which reward shall be paid to the informer by the State, by order of the court before which such conviction is had. SEc. 2. For any violation of the ninth section of Chapter VIII of this s1824. Reward in case Title, the Governor, upon application of the selectmen of the town where of violation of the offelce shall have been committed, shall, publicly, offer a reward not grves. exceeding two hundred dollars for the apprehension of any person who shall have been guilty of such offence; and if such offender is convicte'd, the Controller, upon application of the Governor, shall draw an order on the Treasurer for the amount of such reward, who shall pay the same. SEC. 3. When any high crime or misdemeanor shall have been corn- 1852. mitted in any town, its selectmen may offer, publicly, a reward not exceed- thorizd rto otler ing two hundred dollars, to the person who shall give such information rewards. that the guilty person may be apprehended and convicted; which reward shall be paid to the informer by the town, by order of the court before which such conviction is had.* SEc. 4. Whoever shall give information against any person accused of ioe. 192. Reward for disforgery, or counterfeiting, or of altering and uttering any forged or counter- covery of forgfeited writing or coin; or of passing, selling, exchanging, or giving in pay- ers, &c. *Construction of section should be equitable. 39 Conn., 159. Offer of reward not barred until statute of limitations has run against the crime. Ibid. 544 CRIMES AND CRIMINAL PROSECUTIONS. [Title 20. ment, or offering to pass, sell, exchange, or give in payment the same, or of receiving and having the same in his possession; or of engraving or making any plate or stone, for the purpose of forgery or counterfeiting, as aforesaid; or of having in his possession any blank or unfinished note, or bill, of the description aforesaid, or any plate or stone, for forging or counterfeiting the same, or of assisting, or advising therein; and whoever shall give information against any person accused of horse-stealing, if such person shall be apprehended, and convicted, or, being bound over for trial, shall forfeit his recognizance, shall receive, as a reward; his costs expended in such prosecution, not exceeding thirty dollars, to be paid by the State, by order of the court before which such conviction or forfeiture is had. PART VIII. Req uisitions, SECTION SECTION 1. Governor may appoint agents to receive 3. Proceedings on requisition on the Goverfugitives. nor. 2. Investigation of application. 4. Conveyance through this State of fugitives, apprehended in other States. 1852. SEC. 1. The Governor may appoint agents to demand and receive, from Governor may appoint agents the executive authority of another State, any fugitive from justice, or perto receive fugitives. son charged with any high crime in this State; and any application to the Governor for that purpose shall be sustained by a properly attested copy of the record of the proceedings against the accused person, with affidavits of one or more of the principal witnesses. Investigation of SEC. 2. Any prosecuting officer, when required by the Governor, shall application forthwith investigate the grounds of such application, and report to him all the material circumstances which may come to his knowledge, and his opinion as to the expediency of the demand. Proceedings on SEC. 3. When a demand shall be made upon the Governor, by the exrequisition on the Governor. ecutive authority of another State for the surrender of any person, charged in such State with any high crime, any prosecuting officer, when required by the Governor, shall forthwith investigate the ground of such demand, and report to him the situation and circumstances of the person so demanded, and whether he ought to be surrendered; and if the Governor shall find that such demand is conformable to law, and ought to be complied with, he shall issue his'warrant, directed to any proper officer, requiring the arrest of such person, and his delivery to the agent appointed to receive him. Conveyance SEC. 4. When an offender shall be apprehended in any neighboring through this State of fu14i- State, and it may be necessary to convey him through this State to the tives apprehended in other place where the offence was committed,. any justice of the peace, upon apStates. plication made, and proof that lawful process has issued against such offender, shall issue a warrant, directed to any proper officer, or any person by name, who shall be sworn to the faithful performance of his duty, commanding him to cause such offender to be conveyed to the line of this State, nearest to the State where the offence was committed, there to be delivered to some proper officer ready to receive him; and the person to whom such warrant is directed, shall obey it, upon tender of the lawful fees therefor. Chap. 13.] CRIMINAL PROSECUTIONS. 545 PART IX. Limitation of Prosecutions. SEC. 1. Limitation of prosecutions. ] SEC. 2. Limitation for writs of error, &c.' SEC. 1. No person shall be prosecuted for treason against this State, or 1672. 17S. Limitation of for any crime or misdemeanor, of which the punishment is or may be im- prosecutions. prisonment in the State prison, except within three years next after the offence shall have been committed; nor shall any person be prosecuted for the violation of any penal law, or for other crime or misdemeanor, except crimes punishable by death, or imprisonment in the State prison, but within one year next after the offence shall have been committed; but if the person, against whom any such indictment, information or complaint shall be brought, shall have fled from, and have resided out of this State, during the period so limited, it may be brought against him at any time, within such period, during which he shall reside in this State, after the commission of the offence; and when any suit, indictment, information or complaint for any crime, may be brought within any other time than is limited by this section, it shall be brought within such time. SEc. 2. No writ of error, or petition for a new trial, shall be brought 128. is0o. Writs of error, but within three years next after the rendition of the judgment complained &c. of. PART X. General Provisions. SECTION SECTION 1. Bonds not to be discharged for informal- 7. WVitnesses for prosecutions of unlawful ity. exhibitions, protected. 2. Effect of the repeal of a penal statute. 8. Towns and borougnhs may provide lock-up. 3. Accessories, how punished. 9. Copies of acts commuting punishment to 4. Acquittal or conviction no bar, when. be sent to jailers, &c. 5. What sufficient description of ownership 10. Fines, how disposed of. of property. 11. When punishment to be in jail. 6. Exhibitions, how regulated. 12. Jurisdictions for crimes on waters. SEC. 1. No recognizance given by the accused, in a criminal prosecu- 1868. Bonds not to be tion, for his appearance before any court, shall be discharged for any mis- discharged for take in form, if its terms are in substantial compliance with the requirements informaity of law. SEC. 2. The repeal of any statute, defining or prescribing the punish- 1s71. Effect of the rement for any crime, shall not affect any pending prosecution, or any exist- peal of a penal statute. ing liability to prosecution and punishment therefor, unless expressly provided in the repealing statute that such repeal shall have that effect.* SEC. 3. Every person, who shall assist, abet, counsel, cause, hire, or Accessories, command another, to commit any offence, may be prosecuted and punished how punished. as if he were the principal offender. SEC. 4. No acquittal or conviction for any criminal offence, had upon 1848. Acquittal or any complaint issued by the procurement, or at the solicitation of the person conviction, when no bar. Before this Act, unqualified repeal of a statute releases all violations of it. 29 Conn., 272. See 34 Conn., 11S. 546 CRIMES AND CRIMINAL PROSECUTIONS. [Title 20. committing it, shall be a bar to another complaint or information for the same offence.* 1866. SEC. 5. When in any indictment, information, or complaint, it shall be What sufficient description of necessary to state the ownership of any property, owned or possessed by property, c.ipof more persons than one, it shall be sufficient to name one of them, and to state such property to belong to him and another, or others, as the case may be; or, if it shall be necessary to mention for any purpose any partners, joint tenants, co-parceners, tenants in common, or trustees of joint-stock companies, not incorporated by the laws of this State, it shall be sufficient to describe them in like manner. 1853. 1861. SEC. 6. The mayor, aldermen, and common council of any city, the warExhibitions how regulated. den and burgesses of any borough, and the selectmen of any town, may license and regulate any exhibitions therein; but selectmen shall not license any such exhibition within the limits of any city or borough. 1828. SEC. 7. No person, who shall testify for the State in any prosecution Witnesses for prosecutions for any unlawful exhibition, or erection or construction therefor, or forfeitfor unlawful exhibitions, pro- ure accruing therefrom, shall thereafter be prosecuted for anything about teeted. tected. which he shall have so testified. 1866. 1867. SEC. 8. The selectmen of any town, and the warden and burgesses of Towns and borou(hs may pro- any borough, may erect or lease a suitable building or apartments within vide lock-up. -their respective communities for a lock-up, in which persons awaiting trial or examination for offences, committed in such town or borough, may be confined until they shall be disposed of according to law. 1851. SEC. 9. When the General Assembly shall commute the punishment of Commues of actin any person, sentenced to be executed, to imprisonment in the State prison, be senttojltail the Secretary, immediately after the time when the Act commuting such ers. punishment takes effect, shall transmit a certified copy thereof to the warden of said prison, and a like copy to the keeper of the jail in which such person may be confined; and said warden shall, within ten days after receiving such copy, receive such person at such jail, and cause him to be transported to said State prison, at the expense of the State. 1750. SEC. 10. All fines, forfeitures, and penalties, unless otherwise expressly Fines, how dis- disposed of by law, if imposed on any person by the Superior Court, shall posed of. belong to the State; if by a justice of the peace, to the town wherein the offence was committed. 1874. SEC. 11. Punishment by imprisonment, when not otherwise provided, Whet punish- shall be in the jail of the county in which the offence is committed. ment to be in jail. 1867. SEC. 12. All offences committed on any waters adjacent to a town, but 1873. tio74. not wholly within it, shall be deemed, for the purpose of determining the Jurisdiction for crimeson water. jurisdiction of courts, to be committed in such town. * Defendant procuring himself to be prosecuted, renders his conviction void. 26 Conn., 202. Chap. 1.] ADMINISTRATION OF OATHS. 547 TITLE XXI. OATHS. CHAPTER I. Administrations of Oaths. CHAPTER II. Forms. CHAPTER I. Administration of Oaths. SECTION SECTION 1. What ceremony shall be used. 3. Who may administer oaths. 2. When an affirmation may be administered, &c. SEC. 1. The ceremony to be used, by persons to whom an oath is admin- 1855. What ceremony istered, shall be holding up the right hand; but when any person, by reason shall be used. of scruples of conscience, shall object to such ceremony; or when the court, or authority by whom the oath is to be administered, shall have reason to believe that any other ceremony will be more binding upon the conscience of the witness, such court or authority may permit or require any other ceremony to be used. SEC. 2. When any person, required to take an oath, shall, from scruples When an affirmation may of conscience, decline to ta'ke it in the usual form, a solemn affirmation may be administerbe administered to him in the form of the oath prescribed, except that in- ed, &c. stead of the word "swear," the words, "solemnly and sincerely affirm and declare," shall be used; and instead of the words, "so help you God," the words, "upon the pains and penalties of perjury," shall be used. SEC. 3. The clerk of the Senate, the clerks of the House of Representa- Who may adtives, and the chairmen of committees of the General Assembly, or of either minister oaths. branch thereof, may administer oaths during its session; the Governor, Commissioner of the School Fund, judges of any court, justices of the peace, commissioners of the Superior Court, County Commissioners, notaries public, town clerks, and commissioners to take the acknowledgment of deeds, appointed by the Governor, may administer oaths, in all cases where an oath may be administered, except in cases where the law shall otherwise require; commissioners on insolvent estates, and auditors, arbitrators, and committees, may administer oaths to parties and witnesses, in all cases tried before them; and clerks of courts may administer oaths in all cases which may come before such courts; assessors and boards of relief in cases coming before them, and commissioners, appointed by Governors of other States to take the acknowledgment of deeds, may administer all proper oaths and affirmations, in the discharge of their official duty; and the moderator of a school district meeting may, in such meeting, administer to the clerk of 1840. such district the oath by law required. 548 OATHS. [Title 21. CHAPTER II. Forms. Forms of oath. SEC. 1. The forms of oaths shall be as follows, to wit: FOR MEMBERS OF THE GENERAL ASSEMBLY, EXECUTIVE AND JUDICIAL OFFICERS, AND NOTARIES PUBLIC. For members of You do solemnly swear that you will support the constitution of the General Assembly, executive, United States, and the constitution of the State of Connecticut, so long as and judicial officers, and you continue a citizen thereof, and that you will faithfully discharge, accordnotaries. ing to law, the duties of the office of to the best of your abilities; so help you God. FOR ELECTORS. For electors. You solemnly swear that you will be true and faithful to the State of Connecticut, and the constitution and Government thereof, as - free and independent State, and to the constitution of the United States; and whenever you shall be called to give your vote or suffrage touching any matter that concerns this State, or the United States, you will give it as you shall judge will conduce to the best good of the same, without respect of persons, or favor of any man; so help you God. FOR ATTORNEYS. For attorneys. You solemnly swear that you will do no falsehood, nor consent to any to be done in court, and if you know of any to be done, you will give information thereof to the judges, or one of them, that it may be reformed; you will not wittingly or willingly promote, sue, or cause to be sued, any false or unlawful suit, or give aid, or consent, to the same; you will delay no man for lucre or malice; but will exercise the office of attorney, within the court wherein you may practice, according to the best of your learning and discretion, and with fidelity, as well to the court as to your client; so help you God. FOR GRAND JURORS IMPANELED IN COURT. For grand jury. You solemnly swear by the name of the ever living God, that you will diligently inquire after, and due presentment make, of all breaches of law that shall come to your knowledge, according to your charge; the secrets of the cause, your own, and your fellows', you will duly observe and keep; you will present no man from envy, hatred, or malice; neither will you leave any man unpresented, from love, fear, or affection, or in hope of reward; but you will present cases truly, as they come to your knowledge, according to tohe best of your understanding, and according to law; so help you God. FOR PETIT JURORS IN CRIMINAL CAUSES. Forjurors in You solemnly swear by the name of the ever living God, that without criminal causes. respect of persons, or favor of any man, you will well and truly try, and true deliverance make, between the State of Connecticut, and the prisoner at the bar, whom you shall have in charge, according to law and the evidence before you; so help you God. Chap. 2.] FORMS. 549 FOR PETIT JURORS IN CASES FOR THE CONFISCATION OF LIQUORS, WHICIH HAVE BEEN SEIZED. You solemnly swear by the name of the ever living God, that without For jurors in cases of seizure respect of persons, or favor of any man, you will well and truly try the of liquors. issue or issues, now to be given you in charge, and true deliverance make between the State of Connecticut and the defendant, or the State of Connecticut and the defendants, according to law and the evidence before you; so help you God. FOR JURORS IN CIVIL CAUSES. You solemnly swear that you will well and truly try the issue or issues, Forjurors in now to be given you in charge, between the plaintiff and the defendant, or plaintiffs and defendants, according to the evidence given you in court, and the laws of this State, and accordingly a true verdict give; your own counsel, and your fellows', you will duly observe and keep; you will speak nothing, to any one, of the business or matters you have in hand, but among yourselves, nor will you suffer any one to speak to you about the same, but in court; and when you are agreed of any verdict, you will keep it secret until you deliver it up in court; so help you God. FOR A JURY OF INQUEST. You solemnly swear that you will diligently inquire, and true present- For coroner's ment make, how and in what manner the person, whose body shall be jury. before you, came to his death; and that you will deliver, to the next justice of the peace, a true verdict thereof, according to such evidence as shall be given you, and according to your own knowledge; so help you God. VOIR DIRE OATH. You solemnly swear that you will well and truly answer such inter- Voir dire. rogatories as shall be put to you, under the direction of the court, not immediately relating to the merits of the cause now in question; so help you God. FOR WITNESSES. You solemnly swear that the evidence you shall give, concerning the For witnesses. case now in question, shall be the truth, the whole truth, and nothing but the truth; so help you God. FOR AN INTERPRETER OF A WITNESS IN COURT. You solemnly swear that you will make a true interpretation of the oath For an interpreto be administered to the witness, in the language which he understands and can speak, and of all questions, which may be propounded to him under the direction of the court; and that you will make a like true interpretation of his answers to such questions to this court (or to this court and jury), in the English language, according to your best skill and judgment; so help you God. 550 OATHS. [Title 21. FOR ASSESSORS TO SUBSCRIBE UPON THE ABSTRACT OF THE ASSESSMENT LIST. For assessors. I,, assessor of the town of, do solemnly swear that I verily believe that all the lists, and the abstract of said town for the year 18, are made up and perfected according to law. FOR PLAINTIFF, WHEN INDIFFERENT PERSON IS DEPUTED TO SERVE A WRIT. On deputation You solemnly swear that you verily believe the plaintiff is (or plaintiffs ptanndifersent are) in danger of losing the debt (damage, or other thing) in this writ, unless an indifferent person shall be deputed for the immediate service of the same; so help you God. FOR MEMBERS OF A COURT-MARTIAL. For members of You solemnly swear that you will truly try and determine, according to a cort-martial. the evidence given in court, the matters depending between this State and the officer (or officers) now to be tried; that you will not divulge the sentence of the court until the same shall have been approved or disapproved, according to law; neither will you, at any time, disclose the vote or opinion of any member of the court, unless required by due course of law; so help you God. FOR TIEE JUDGE ADVOCATE OF A COURT-MARTIAL. For a judge ad- You solemnly swear that you will not, at any time whatever, disclose vocate. the vote or opinion of any member of any court-martial in which you may be called to act, unless required by due course of law, nor divulge the sentence of any such court, unless the same shall have been approved or disapproved, according to law; and that you will faithfully and impartially do the duty of judge advocate, according to your best abilities; so help you God. FOR ALL OTHER PERSONS OF WHOM AN OATH IS REQUIRED. General oath. You solemnly swear that you will faithfully discharge, according to law, your duties as to the best of your ability; so help you God. Title 22.] DEFINING ANDI) ESTABLISHING THE GENERAL STATUTES. 551 TITLE XXII. PROVISIONS FOR DEFINING AND ESTABLISHING THE GENERAL STATUTES. SECTION SECTION 1. Repcal of former statutes. 7. 1W\ords and phrases, how construed. 2. What rilghts not affected by repeal. 8. I)efinition of terms: inltoxicatin liquors: 8. Certain penal and criminal liabilities, not banks and savings banks: foreign inaffected. surance company: public buildings. 4. Limitation of effect of certain Acts. 9. Words in the singular or plural, &c., how 5. Tenlurel ofofice not affected. construed: month, year, oath, person, 6. Certain specified statutes retained in force. preceding, &c., defined. SEC. 1. All public laws, not contained in the foregoing Titles, except Acts 1874. Jiepeal ot'lfrof incorporation, confirming Acts, Acts which, though public in form, are of nolr statutes. a private nature; and all public laws, except such as by particular provision, and this Title, are continued in force, are repealed. SEC. 2. Said repeal shall not impair or affect any act done, or any right What rights not affttected by reaccruing, accrued, or acquired; and all matters, civil or criminal, com- peal. menced by virtue of the laws so repealed, and pending on the first day of January, 1875, may be prosecuted and defended to final effect, in the same manner as they might under the laws existing on the thirty-first day of December, 1874, unless it shall be otherwise specifically provided by law. SEC. 3. No offence committed, and no penalty or forfeiture incurred, Certain penal S and criminal before the first day of January, 1875, under any Act hereby repealed, shall liabilities, not be affected by said repeal; except that when any punishment, penalty, or affected. forfeiture shall have been mitigated by the provisions of the General Statutes, such provisions shall be extended and applied to any judgment to be pronounced after said repeal. SEC. 4. No provision of the General Statutes, not previously contained Limitation of in the statutes of the State, which impose new obligations on any person ct o certain or corporation, shall be construed to have a retrospective effect. SEC. 5. Any person who, when the General Statutes take effect, shall Tcnnre of office not atlfctcd. hold any office under any Act hereby repealed, shall continue to hold the same according to the tenure thereof, except those offices which have been abolished, and those as to which a different provision shall have been made by said statutes. SEC. 6. The sections and Acts mentioned in this section, being local or Certain specifiled statutes reprivate in their nature, though public in form, are excepted from the opera- tained in, force. tion of this Title, and are continued in force, namely: 552 DEFINING AND ESTABLISHING THE GENERAL STATUTES. [Title 22. IN THE GENERAL STATUTES. Revision of 1866. Section one of Title III, being an Act relating to State and Municipal Bonds; sections one hundred and thirty-two and three hundred and seventytwo of Title VII, being an Act concerning Communities and Corporations; sections thirty-six, thirty-seven, thirty-eight, thirty-nine and forty of Title XXI, being an Act concerning Fences and Common Fields; sections twelve, thirteen, fourteen, fifteen, sixteen, eighteen, nineteen, twenty, twenty-one, twenty-two, twenty-three, twenty-four, twenty-five, twenty-six, twenty-seven, twenty-eight, twenty-nine and thirty of Title XXII, being an Act relating to Ferries; sections nine, ten, eleven and twelve of Title XXXIII, being an Act for the Protection of Indians and the Preservation of their Property; sections seventy-nine, eighty, eighty-one, eighty-two, eighty-three, eighty-four, eighty-five, eighty-six, eighty-seven, eighty-eight, eighty-nine, ninety, ninetyone, ninety-two, ninety-three, ninety-four, ninety-five, ninety-six, ninetyseven, ninety-eight and ninety-nine of Title LXIV, being an Act for the Assessmenat and Collection of Taxes. IN THE ANNUAL PUBLIC ACTS. Acts of 1866. Chapter VIII, being an Act relating to the Middletown Ferry; Chapter XXIII, being an Act in alteration of an Act entitled an Act for the Assessment and Collection of Taxes; Chapter LXX, being an Act in addition to an Act relating to Ferries; so much of Chapter CX, as is not incorporated in the law relating to Elections. Acts of.1867. Chapter III, being an Act in addition to an Act for the Assessment and Collection of Taxes. Acts of 1869. Chapter XIV, being an Act relating to the Town of Norwalk; Chapter XVII, being an Act relating to Burying-Grounds; Chapter XXX, being an Act to prevent and remove Nuisances and Obstructions from the Channel of Mill River; Chapter LXXXVIII, being an Act authorizing the Cession to the United States of all the Title and Interest of this State in the Soldiers' National Cemetery at Gettysburg, in the State of Pennsylvania; Chapter CXVII, being an Act for the Purchase and Laying a Highway over the Hartford Bridge. Acts of 1870. Chapter CVIII, being an Act to amend an Act relating to Ferries; Chapter CXIX, being an Act concerning the Re-building of Washington Bridge. Acts of 1871. Chapter XI, being an Act concerning Fences and Common Fields; Chapter XLIV, being an Act in alteration of an Act entitled an Act concerning the Re-building of Washington Bridge; Chapter LXXXIV, being an Act amending an Act relating to Electors and Elections in the town of Norwich. Title 22.] DEFINING AND ESTABLISHING THE GENERAL STATUTES. 5 53 Acts of 1872. Chapter XLVII, being an Act conferring upon the Mohegan Indians the Privilege of Citizenship, and Regulating the Ownership, Sale, Distribution and Use of the Property Sequestered for their Benefit, and also Providing for the Taxation of their Polls and Rateable Estates; sections one hundred and thirty-one, one hundred and thirty-two, one hundred and thirty-three, one hundred and thirty-four, one hundred and thirty-five, one hundred and thirty-six, one hundred and thirty-seven and one hundred and thirty-eight of Chapter LXXVII, being an Act concerning Education. Acts of 1873. Chapter V, being an Act in alteration of an Act entitled an Act conferring upon the Mohegan Indians the Privileges of Citizenship, and Regulating the O~vnership, Sale, Distribution and Use of the Property Sequestered for their Benefit, and also Providing for the Taxation of their Polls and Rateable Estate; Chapter IX, being an Act amending an A.ct entitled an Act conferring upon the Mohegan Indians the Privileges of Citizenship, &c.; Chapter XIX, being an Act in addition to an Act entitled an Act relating to Ferries; Chapter LXX, being an Act in alteration of an Act entitled an Act relating to Ferries; Chapter LXXXVI, being an Act in relation to the New London and Groton Ferry. Acts of 1S74. Chapter LXXI, being an Act relating to the Ferry between the towns of New London and Groton; Chapter LXXIV, being an Act to authorize the Towns of New Haven, Orange, Milford and Derby, to purchase the Stock of the New ITaven and Milford, and of the Derby Turnpike Companies, and to make said Turnpikes Public Highways; Chapter LXXV, being an Act in addition to an Act concerning Communities and Corporations; Chapter CIV, being an Act to provide for the Survey of the State. SEC. 7. In the construction of all statutes of this State, words and Words and phrases, how phrases shall be construed according to the commonly approved usage of construed. the language; and technical words and phrases, and such as may have acquired a peculiar and appropriate meaning in the law, shall be construed and understood accordingly. SEC. 8. As used in these General Statutes, the term " intoxicating liquor," Intoxicatinu lishall include any spirituous and intoxicating liquor, any mixed liquor of which qors de a part is spirituous or intoxicating, and ale, porter, lager beer, and all wines; the term " banks " shall include all incorporated banks and national banking Banks and savincs banks associations; the term " savings banks " shall include savings banks, socie- defiled. ties for savings, and savings societies; the term "foreign insurance. com- Foreign insurpany " shall include any company, corporation, association, partnership, or ance company individual, of any foreign government doing fire insurance business in this State; the term "public buildings" shall include a State-house,, court-house, Public builldcounty-house, town-house, arsenal, magazine, prison, jail, work-house, poor- ings defined. house, market, or other building belonging to this State, or to any county, town, city or borough in this State; and any church, chapel, meeting-house, or other building generally used for religious worship; and any college, 5 54 DEFINING AND ESTABLISHING THE GENERAL STATUTES. [Title 22. academy, school-house or other building generally used for literary instruction. Words in the SEC. 9. In construing these General Statutes, words, importing the singular or plu- n a ral; &c., how singular number, may extend and be applied fo several persons or things; construed. words importing the plural number may include the singular, and words importing the masculine gender may be applied to females; and words, purporting to give a joint authority to several persons, shall be construed as giving such authority to a majority of them; the word "month" shall Month, year, mean a calendar month,.and the word "year " a calendar year, unless otheroath,.erson. preceding, &c., wise expressed; the word "oath" shall include affirmations, in cases, when by law an affirmation may be used for an oath, and in like cases the word "sworn" shall include the word "affirm"; the words "person" and "another " may extend and be applied to communities, companies, corporations, public or private, and associations; and the words "preceding," "following," and " succeeding," when used by way of reference to any section, or sections, shall mean the section, or sections next preceding, next following, or next succeeding, unless some other section is expressly designated in such reference. aft~ SPg SJk/T) dof AM1 v$ w An'9F~ AN ACT TO CARRY' THIS REVISION INTO EFFECT. 555 AN ACT TO CARRY INTO EFFECT THE REVISION OF THE GENERAL STATUTES. SEC. 1. General Statutes, when to be in force. I SEC. 2. Record copy. Be it enacted by the Senate and Hiouse of Representatives, in General Assembly convened: SEC. 1. On and after the first day of January, 1875, the revision of the General'Statultes.- when to be General Statutes of this State, adopted at the present session, together with in fjrce. the Public Acts enacted during said session, as the same shall be revised, arranged and incorporated together and published under the supervision of, and by the Commission which prepared said revision, and which is hereby authorized so to revise, arrange, incorporate together, and publish the same, shall be and remain the PUBLIC STATUTE LAWS of this State; and shall be published under the Title of the GENERAL STATUTES OF CONNECTICUT. SEC. 2. One copy of said General Statutes of Connecticut, as published Record copy. by said Commission, shall be by them deposited, and thereafter kept, in the office of the Secretary, who shall annex thereto a certificate, under his hand, and the seal of the State, that the laws therein contained are the statute laws of this State; and such copy shall be an authentic record of such statute laws. Approved, July 23d, 1874. I N DEX. PAGE. ABANDONMENT, of child under six,.. 500 of wife, forfeits husband's rights in her property, 187 ABATEMENT. of civil actions,.. 20-422 circumstantial defects,. 420 amendment after plea in abatement,. 420 judgment on issue in fact, not conclusive,. 420 in actions against partners, citing in partners not nml~amoed in writ,... 420 marriage of feme sole plaintiff, 421 death of party,.... 421 of defendant in ejectment; statute of limitations. 494 death of co-plaintiff or co-defendant,. 421 what actions of tort survive... 4'21 what rights of action for tort survive, 422 suits by or against executor or administrator, 422 death of appellant, pending Probate appeal, 4'2 actions of disseisin, 2... 422 successor of public officer may enter,.. 422 amendment of process between signing and service. 42'2 process served by officer before giving bond, 422 process drawn by officer,... 422 writ unnecessarily directed to indifferent person. 398 of taxes. poll taxes,... 159 other taxes,..... 162 of nuisances. in watercourses,.... 253 from manufactories,..... 477 ABETTING any offence, how punished,.... 545 ABORTION, procuring,... 499 woman consenting to,.... 499 encouraging procuring of,.... 499 ABSENT parties, see NON-RESIDENTS. ABUSING FEMALE CHILD,... 499 ABUSIVE LANGUAGE, following with,... 509 ABUSIVE MATTER, publishing of another,... 509 ACADEMIES, where anatomy is taught, inspection of,.. 151 ACCOUNT, action of, jurisdiction over,... 414 appointment of auditors,... 466 proceedings of auditors,.... 466, 467 38 558 INDEX. ACCOUNT,-continued. PAGE. justice actions,. 467 actions between co-executors and co-tenants,.. 467 limitation of time for bringing,.... 494 matter of, arising in justice suit, how tried,.. 429 ACCIDENT INSURANCE COMPANIES, frauds on,.. 524 ACCUSED, see CRIMINAL PROSECUTIONS,.. 531-546 ACKNOWLEDGMENT OF DEEDS,... 352, 353 ACQUITTAL, collusively procured, no bar to second prosecution, 545 ACTION ON THE CASE, set off in, 426 limitation of time for bringing,.. -.. 494 see TRESPASS ON THE CASE,.. 426 ACTIONS, CIVIL,. 396-496 mesne process, 396-400 form of,. 396 foreign attachments,. 397 citing in garnishee to disclose,. 400 bonds for prosecution,.. 397 form of bond,.. 398 direction of process,.. 398 to indifferent person,. 398 special deputation,... 398 Justice writs, when returnable,. 398 issue or service of process on Sunday,. 398 forms of writs,... 398, 399 forms of citations,. 399 order of attachment, pending suit,.. 400 writ by or against co-partners,. 400 actions on Probate bonds, 400 not to be sued without order of court,... 400 security for costs, 400 service of moesne process, 401-411 time of service,.. 401 return of process, 401 mode of service; attachment of body, 401 attachment of real estate,.... 402 of leasehold interests, or oyster beds, 403 of real franchises, and interests in buildings, 403 of a partner's separate estate, 402 of stock in corporation,... 402 against a non-resident, 403 on corporations, 403 on voluntary associations, 403 on non-resident executor or administrator, 403 on garnishee, if defendant a non-resident,. 410 on joint contractors, when part are non-residents, 410 on non-resident railroad directors, 410 orders of notice to non-residents,. 410 to parties, whose residence is unknown,.. 410 INDEX. 559 ACTIONS, CIVIL, — continued. PAGE. to representatives of deceased persons,... 410 death, removal, or retirement of officer before completing service,..... 411 completing service out of officers' precincts, 411 foreign attachment, against executor &c., or trustee; claim how proved, 409 against corporations,..... 403 against partnership,.... 404 against non-resident,... 404 of wages assigned before being earned, 409 of negotiable notes,... 409 subrogation of attaching creditor,. 409 bill of interpleader by garnishee,. 409 bonding the debt &c., attached,. 409 certificate of dissolution of,. 407 proeedings on attachments. attachment of machinery, tools, furniture, or crops, 4 Q 4 sale of perishable property, or live stock, attached, 405, 406 attachment of avails of sale,.. 406 duration of attachment lien,.. 404 dissolution of attachment, by giving bonds,.. 406 form of bond,. 407 preservation of record of proceedings,. 407 certificate of the dissolution,.. 407 change of bonds,... 407 partial discharge of excessive attachment, 407 total discharge, when,... 408 certificate of discharge of attachment,. 408 penalty for not filing,..... 408 attachment of vendee's interest under conditional sale, 408 disclosure from vendor,... 408 bail,... 411, 412 to the officer,. 411 special bail,.. 411 bail during session of court, 411 liability of bail; surrender,.. 412 actions on bail bond,. 412 assignment of bail bond,.. 412 rights of bail,..... 412 taking recognizance of surety, when principal is absent, 412 jurisdiction.... 413-416 suits before justices of the peace,.. 413 suits for between $100 and $500, - 413 suits for over $500,.... 413 foreclosure and redemption suits,. 413 manner of proceeding in equity,... 413 actions of account,.... 414 5 60 INDEX. ACTIONS, CIVIL,-continued. PAGE. suits involving title to lands, local actions,.. 414 others to be brought where parties live, &c.,.. 414 petitions for partition or sale, where brought,. 414 land lying in several counties or towns,.. 414 justice's suits, where brought,... 414 suits by foreign corporations,... 415 suits by non-resident executor or administrator, 415 transfer of jury cases to another county,.. 415 of causes to Court of Common Pleas in New Haven county,.. 415 appeals in justice's suits,... 415 raising demand of damage, after appeal,.. 416 entry of appeals,.... 416 City Courts,..... 416 parties,... 416-418 actions by successors of public officers,. 416 by or against corporations,.... 416 member of community defending suit against it, indemnity from,... 417 by corporation, on security taken to its officers,. 417 by or against counties,..... 417 by assignee of chose in action,. 417 by or against voluntary associations,... 417 by one joint tenant or tenant in common,. 417 against married women,.... 417 on contracts of husband and wife,.. 41 7 by married women,..... 417 joinder of husband in suits by or against wife,. 417 appearance,..... 418-420 nonsuits,..... 418 withdrawal of action in vacation,... 418 record of name of attorney of non-resident plaintiff,. 418 judgment by default,..... 418 defence by creditor of defendant,.. 418 continuance if the defendant be or live out of the State, 419 if defaulted, indemnity required,... 419 land taken on execution not to be aliened for a year,. 419 defence by garnishee,.... 419 continuance of justice suits, if the defendant be or live of the State,...... 420 abatement,... 420-422 circumstantial defects,.... 420 amendment after plea in abatement,... 420 judgment on issue in fact, not conclusive,.. 420 actions against partners; citing in partners not named in writ,...... 420 amendment of process between signing and service,. 422 process served by officer before giving bond,.. 422 INDEX. 5 6 I ACTIONS, CIVIL,-continued. PAG;E. process drawn by officer, 422 marriage of fenme sole plaintiff,. 421 survival of actions,. 421, 422 death of party,. 421 death of co-plaintiff or co-defendant,.. 421 what actions of tort survive, 421 what rights of action for tort survive,.. 422 distribution of damages for injury causing death, 422 suits by or against executor or administrator,.422 death of appellant, pending Probate appeal,. 422 actions of disseisin, -..422 successor of public officer may enter,.. 22 pleadings,.. 4. 23-423!; charters pleaded as Public Acts, 423 complaints under Private Acts or by-laws,. 423 joinder of counts in contract,... 425 joinder of counts in tort,.. 423 actions for settlement of partnership accounts,. 423 suits on Probate bonds,.. 423 signature of bills in equity,... 423 courts may establish rules of pleading,... 423 notice of denial of execution of contract,. 423 general issue and notice,... 24 double pleading,. 424 in replevin,... 424 double rejoinders in actions for breaches of conditions, 427 pleading over after demurrer overruled,.. 424 set-off,.. 424-426 for mutual debts,. 424 in suit by assignee of chose in action,... 25 claim of set-off to amount beyond jurisdiction of court; transfer of cause,.. 425 failure of defendant to complete transfer: costs, 425 set-off in trespass and case,.. 425 bill in equity for a set-off: debts denied by plaintiff,. 426 amendments,.... 426, 427 to declaration or petition, 426 in pleadings,. 427 in judgments,.. 427 practice,.. 428-431 juries in justice suits,..... 428 trial by jury in the higher courts,... 428 appointment of committees,.,. 428 reference of issue, involving accounting, to auditors, 427 filling vacancies in committees, &c.,.. 429 disclosure by garnishee,. 429 garnishee not disclosing, liable to costs,.. 429 notice of cross-bill and supplemental bill in equity,. 430 562 INDEX. ACTIONS, CIVIL,-continued. PAGE. sheriffs, &c., not to practice as attorneys, 430 offer of judgment, 430 acceptance of offer,. 430 trial not to be postponed.. 430 offer not accepted, 430 precedence of suits by the State, 430 precedence of writs of error in summary process, 430 of hearings on reports or awards,. 430 of Probate appeals, 430 questions of law reserved for advice of Supreme Court of Errors,.. 430 bonds for prosecution or on appeal, taken in vacation, 431 failure to furnish sufficient bonds for prosecution, or on appeal,. 431 juries, 431-434 election of jurors,..... 431 number to be elected in each town, 431, 432 election of jurors for justice courts,.. - 432 town jury boxes, 432 exemptions from jury service, 433 summoning and drawing jurors, 433 all names drawn to be returned to the box,.. 433 return of warrant, 433 summoning jurors to fill vacancies, 433, 434 juries impaneled by lot, 433 penalty for non-attendance, 434 talesmen: oath, -. 434 summoning justice jurors, 434 talesmen: penalty for non-attendance,. 434 peremptory challenges,. 434 tampering with jury,. 507 misconduct of jurors,. 507 disclosure by jurors as to, 507 evidence, 435-441 subpoena and canias, 435 form of subpcena, 435 depositions, when and how taken, 435 of person sixty years old,. 436 interested person not to write, 436 of persons in military or naval service, 436 subpoena to depionent, 436 opening depositions, 437 commissions to take depositions, 437 commissioners of other governments may compel attendance of witness,... 437 capias not to issue till service of stlb2lmca is proved, &c.,....... 437 perpetuation of testimony. 437 INDEX. 563 ACTIONS, CIVIL,-continued. PAcE. adjournments; issue of capias,.. 438 filing the depositions, &c., 438 such depositions, how far evidence, 438 protests of bills and notes, 438 equivalents for a seal, 438 proof of laws of other States,. 438 printed statutes, how far evidence, 438 reports of decisions in other States, 438 records of public offices and corporations, 438 State Chemists, 439 of organization of joint stock corporations, 439 U. S. revenue stamps on recorded document, 438 records of boards of health, 439 proprietors of common lands, 439 religious societies, 439 inability of clerks to give copies, 439 Probate records and copies, certified by judge,. 439 entries and memoranda of deceased persons, 439 fire communicated by railway engine,. 439 motion for a disclosure,. 439 course of proceeding, 440 files and records of former justices of the peace to be left with town clerk,..... 440 former justices may perfect records and give copies, when,. 440 files and minutes of former justices, 440 religious belief of witness, 440 interest, or conviction of crime, no disqualification, 440 adverse party may be compelled to testify, 440 but not also to make disclosure, 440 this not to affect attesting witnesses, 4... 40 disclosure in equity not conclusive, 440 statute of frauds, 441 parol lease, 4.. 41 sales of personal property for under $50, 441 verdict against,. 448 defences,. 441, 442 discharge, of one of several joint debtors, 441 by nominal plaintiff,. 442 trial, 442-444 questions of law to be decided by the court; of fact, by the jury, 442 request to charge jury in writing, 442 motion for nonsuit, 443 proceedings to set aside nonsuit, 443 special verdict,. 443 returning jury to a second and third consideration, 443 duty of jurors,. 43 564 INDEX. ACTIONS, CIVIL, -continued. PAGE. verdict by nine jurors by consent of parties, 444 issues of fact closed to the court; special finding, 444 facts to be found in equity proceedings, 44. 4 judgment on verdicts; assessment of damages, 1. 11 judgment for one defendant and against others,. 444 judgments, damages, and costs,.444 —47 damages on penal bonds,.. proof of intent in publishing libel; refusal to retract charge,.. 4 treble damages for theft, 44.. double damages for forgery,.. 4. treble damages for injury to bridge, 445 treble damages for injury to monument or railing on highway,.. 145 treble damages for vexatious suits, 445 plaintiff's costs, when not to exceed damages,.. 45 questions of title,. 46 damages reduced by act of defendant, pending suit, 446 costs for service of process by indifferent person, 446 of application to dissolve an injunction,. 44-16 on withdrawal of action, 446. -1 on justice appeals, 4...146 on suit on original demand, pending a foreign attachment, -1446 when false affidavit of merits has been filed, or statement made, 446 no costs, if more suits are brought than are necessary, 446 officers' fees, when garnishee is not cited in to disclose, 447 expenses of suit to settle construction of will,.. 447 new trials and error,. 447-452 new trials,. 447 opening defaults,... 448 verdicts against evidence, 448 new trials of justice suits for want of notice, 448 motion for new trial, 448 to be completed during the term,.. 449 may be corrected by Court of Errors, 449 bill of exceptions by adverse party,... 449 writs of error, 449 from City Courts, 449 in justice suits, 449 issue of,. 449 service and return, 450 on non-residents,. 450 on highway petitions,. 450 motions in error, 450 extending time for filing motions in error and for new trials,. 450 INDEX. 565 ACTIONS, CIVIL,-continued. PAGE. joining motions in error and for a new trial,.. 450 revising decisions of a judge,.... 450 appeal from appraisal of damages for public improvement,....... 450 stay of execution,..... 451 remanding cause; costs,.... 451 motions in error in City Courts,... 451 practice on reversal of judgment in Supreme Court of Errors,...... 451 on reversal of judgment in Superior Court,. 451 on affirmance of judgment below,.. 451 releasing stay of execution, pending writ of error,. 452 releasing stay, after judment on writ of error,. 452 execution,..... 452-466 interest on judgment,... 453 form,....... 453 direction; when returnable,.... 454 State taxes; levy by indifferent person,.. 454 demand and levy on personal estate,... 454 perishable estate,... 454 service on party who has left the State, 455 sale, when not at sign-post,... 455 adjournment of sale,..... 455 sale by deputy,..... 45 exemptions,.. 455 exemption of husband's interest in wife's estate,. 456 levy on goods exempt to a certain amount,.. 456 exemptions from foreign attachment,... 456 debts for house rent, provisions, clothes, fuel and board, 456 levy on machinery, furniture or crops,... 457 levy of execution against partnership,... 45 7 executions against voluntary associations,.. 457 against associations for planting oysters,.. 457 levy on stock of corporation,... 457 sale at auction,. 457 officer's transfer,..... 457 cashier or clerk to furnish certificate of stock owned by execution debtor,. 457 levy on turnpikes and toll bridges; receivers,.. 458 receivers to give bond,..... 458 receivers for different gates,.... 45 repairs of road or bridge,.... 458 settling receivers' accounts,.... 459 executions unpaid for six years to be mortgage liens,. 459 levy on interest of one railroad company in road of another,..... 459 levy on body,...... 459 once only on same judgment,.... 459 566 INDEX. ACTIONS, CIVIL, —continued. PAGE. levy on body of debtor committed for want of bail,. 460 exemption of body from execution, 460 levy on real estate,.. 460 levy on real estate of a voluntary association,.. 460 return and record,. 460 levy on equity under mortgage of real and personal estate,. 461 on land in different towns,. 461 on land, when the town is interested, 461 on equity of redemption in different towns, 461 charge of illegal fees, not to vitiate levy,.. 461 levy on oyster beds,. 461 on leases and franchises,.. 461 under foreign attachment,... 462 where garnishee is a non-resident,.. 462 where garnishee has left the State,.. 463 scire facias against non-resident garnishee,.. 463 scire facias founded on a justice judgment,.. 463 staying execution, if debt is due but not payable, 464 defence against scire facias, by assignee of debt, or claimant of property attached,... 464 commission to take disclosure,.... 464 duration of attachment lien on debt due from a solvent estate,...... 4G4 on legacies or distributive shares,... 465 on debt due from insolvent estate,.. 465 payment on execution, by executor, administrator, or trustee,...... 465 scire facias against executor, administrator, or trustee,. 465 liability on Probate bond,.... 465 death of garnishee,..... 465 payment on execution a discharge to the garnishee,. 465 stay of execution against judgment debtor, who has been factorized,..... 466 completion of levy by officer not re-elected,.. 466 entering satisfaction of judgment on record,.. 466 limitation of civil actions,,.. 493-496 ejectment,... 493 abatement of former action by death of defendant,. 494 suits on specialties,. 494 on simple contracts,.... 494 settlement of partnership or joint accounts,.. 494 trespass on the case,.... 494 oral contracts; trespass; and slander,... 494 scire factas against garnishee,.. 494 forcible entry and detainer,... 494 penal forfeitures,.. 494 action on bail bond, or bond for costs,... 495 INDEX. 567 ACTIONS, CIVIL, —continued. PAGE. against officers for neglect of duty,... 495 bastardy process,. 495 suits against railroad company for loss of life,.. 495 time when defendant is out of the State, excluded,. 495 failure of suit brought in a representative capacity,. 495 accidental failure of suit,.... 495 writs of error, and petitions for new trials,.. 495 survival of action,.... 496 cause' of action fraudulently concealed,.. 496 pending actions not to be defeated by this Revision,. 551 particular rights and forms of actions, 466-493 ACTIONS, fraudulent,...... 345 ACTIONS ON STATUTES. for malicious use of land by owner,... 488, 477 for placing obstructions in highway,... 488 against railroad company, for neglect to maintain fences,. 488 for negligence, causing death of passenger or traveler on highway,....... 488 distribution and limit of damages,... 489, 422, 421 taking'or injuring wood,..... 489 throwing down bars,..... 489 injury by fire,...... 489 trespass to lands, without color of right,... 489 pound breach or rescue by child or servant of owner,. 257 for fraud in contracting debt or concealing effects,.. 490 waste by tenant for life or years,.... 490 suits on bonds taken by foreign Probate Courts,.. 490 trespass for forcible entry and detainer,... 475 bastardy process,...... 469 against owner of vehicle for neglect of driver,.. 234 ACTS OF GENERAL ASSEMBLY, how printed, and copies how distributed,..... 80, 81 how engrossed and signed,..... 81 to be presented by Secretary to Governor for approval, 81 to be recorded by Secretary,.... 8 what shall be the official record of,. 81 to be published annually in pamphlets, and Public Acts in newspapers,..... 9 style of Public Acts,..... xlvii of Special or Private Acts,.... 81 of incorporation, may be pleaded as if Public,.. 423 Private, pleading in action for penalty under,.. 423 what specially continued in force, though not in this Revision,...... 551-553 ADJOURNMENTS, in criminal cases, bonds on, how taken,. 534 ADJUTANT GENERAL, appointment,. 113 duties,..... 112, 113, 118 returns to,...... 119, 121 568 INDEX. PAGE. ADMINISTRATION OF JUSTICE, obstructing,.. 507 corrupting officers engaged in,.507 ADMINISTRATORS, who to be appointed,... 372 of estate of non-residents,. 372 bonds, 370 further bonds, 392 within what time to be appointed,. 372 to return inventory,. 387 to publish notice for proving claims,..388 actions against,. 388 to publish notice of hearing as to appointing commissioners, 388 to give notice of claims disallowed,. 391 with the will annexed,. 371 of insolvent estate, not to be sued,.. 375 to have possession of real estate,. 392 survival of actions by or against intestate,. 421, 422 by or against administrator, 422 action for injury causing death,. 421, 422 may be authorized to convey land of deceased, to fulfill his contract,. 57 may apply for sale of lands,. 394 may be the purchaser, when,.... 395 release of mortgage by,. 355 foreclosure by, -. 359 actions against, when within Statute of Frauds,.. 441 certificate of mechanic's lien by,... 360 non-resident, service of process against,.. 403 suit by, where brought,. 415 foreign attachment against,. 397 proof of claim under,. 409 collection of execution under,. 465 may have party concealing estate examined,. 393 accounting: notice of: oath upon,. 393 resignation,. 391 removal,. 391 See ESTATES OF DECEASED PERSONS. ADMIRALTY JURISDICTION, belo)ngs to the United States, xxxvi ADOPTION, of children, transfer of parental rights,. 189 approval by Court of Probate, 190 consequences of adoption,. 190 revocation of agreement of adoption,. 190 ADULTERATION of liquors, how punished,.. 520 ADULTERY,. 510 ADVERSE POSSESSION, limitation of time for entry,.. 493 no title by, to railroad or canal lands,... 355 ADVERTISEMENT, encouraging procuring of miscarriage or abortion,. 499 of Probate notices, where published,.. 395 of articles for sale, illegal posting of, 505 INDEX. 569 PAGE. AFFIDAVIT, of defence, costs, if false,, 446 of garnishee, when receivable in lieu of disclosure, 429 fee for taking, 183 AFFIRMATION, in lieu of oath, 547, 553 AGENTS, embezzlement by, 524 appointed by Governor to retake fugitives from justice, 544 AGREEMENT, when to be in writing, 441. AGRICULTURAL COLLEGE BONDS, to be kept by Commissioner of School Fund, 149 income to be paid to Yale College,. 149 AGRICULTURAL SOCIETIES, organization, and State grants to, 282, 283 to appoint members of State Board of Agriculture, 18 abstract of returns to be reported to General Assembly, 19 illegal voting at meetings of,. 529 AGRICULTURE, instruction in, at Sheffield Scientific School,. 149 State Board of, appointment; term of office; vacancies, 18 may appoint a secretary and treasurer, 18 meetings, 18 to supervise agricultural societies, &c., 18 to make agricultural investigations, 18 to visit agricultural fairs, 18 powers as to prevention of diseases of animals, 18 may appoint commissioners of, 19 annual report; expenses, 19 secretary to travel about the State, and report to Board, 18 to make abstract of returns from agricultural societies, 19 to procure analysis of fertilizers, &c., 274 compensation, 19 duties of treasurer and his bonds, 18 punishment for breach of its rules, 515 AIDES-DE-CAMP, see MILITIA,.... 114 AIDING in any offence, how punished,.... 545 ALE, license to sell, 269 ALIENS, what courts may naturalize, 4 residents, and Frenchmen, may hold lands, 4 non-residents may for mining purposes, &c., and may pass title to, 5 ALTERATION of records, fraudulent, 507 see AMENDMENTS. AMENDMENTS, to the Constitution of the 4United States,. xxxvii of Connecticut, how made, lv, xlv proposed amendments to be engrossed and recorded, 81 and published, 9 of process, or declaration, &c., 426 not to abate it, if made before service, 422 after plea in abatement,.. 420 570 INDEX. AMENDMENTS, -continued. PAGE. not to impair bond for prosecution,. 397 by or against partnership,. 400, 420 by raising demand of damages, in justice appeas,. 416 in pleadings,. 427 of judgment,. 427 AMICABLE SUIT,...... 469 motion in error in,..... 469 costs of,....... 469 AMOS LAKE, fishing in,...... 225 ANATOMY, instruction in dissection,... 513, 150, 151 ANCIENT LIGHTS,...... 355 ANIMALS, domestic, prevention of spread of contagious diseases among,....... 18 infected, to be quarantined,. 19 commissioners of diseases of, may be appointed,.. 19 trespasses by, owner when liable for,.. 209 party letting out, when liable for,.... 257 impounding,...... 254-257 rescue from pound, obstructing impounding, &c., civil liability for,....... 257 criminal prosecution for,.... 528 estrays, how disposed of,.... 366 sale of, on attachment,.... 405 cruelty to,....... 514 search-warrant,.... 533 transportation by rail,..... 514 mode of prosecution; disposition of fines,... 514 willful injury to,...... 504 wild, transportation of,.... 525 dying when diseased, meat not to be sold,.. 515 unlawful exhibitions of,..... 517 used in unlawful exhibition, forfeiture of,... 516 see ASS, BIRDS, CATTLE, COW, DOGS, FENCE, S FOWYLS, GAME, HORSE, MULE, POUND, SHEEP, SWINE. ANOTHER, term, as used in statutes, may include what,.. 554 APPEALS. in civil actions, from justices of the peace, when granted,.. 415 raising demand of damages on,... 416 entry of,...... 416 costs in appellate court,... 416, 446 only one counsel to be heard on,... 61 limitation of time for suit on appeal bond,.. 495 in criminal prosecutions, from justices of the peace, Police, or City Courts,. 536 copies to be sent up within ten days,... 535 may be vacated, on paying costs,... 542 INDEX. 57. APPEALS, il criminal prosecutions,-continued. PAGE. on prosecutions for keeping disorderly house, &c., to be tried first term,.... 536 from municipal assessments, how to be taken,..... 91 correction of errors on appeal,. 91 joinder of appellants,..... 280 review of decision of a judge of the Superior Court,. 450 from Probate, allowed from all decrees,.. 5o when to be taken,... 55 notice to appellees to be ordered,. 55 time for appeal may be shortened by notice given by executor, &c.j of passage of decree,.. 55 privileged in order of trial,. 430 when to be taken, in insolvent proceedings,. 395 order of notice of,..... 410 survival of,..... 422 from doings of commissioners on insolvent estates,.. 390 from registrars of voters,..... 67, 68 from Railroad Commissioners, as to crossing stream or pond,... 323 as to railroad depots,..... 327 APPEARANCE of parties to actions,... 418-420 nonsuits,..... 418 withdrawal of action in vacation,.... 418 record of name of attorney of non-resident plaintiff,. 418 judgment by default,.... 418 defence by creditor of the defendant,.. 418 defence by member of a community,.. 417 continuance if the defendant be or live out of the State,. 419 defence by garnishee,.... 419 continuance of justice suits, if the defendant be or live out of the State,...... 420 APPRAISERS, of estates of deceased persons,.. 387 of land taken on execution,. 460 of land taken for railroad purposes,.. 321, 322 for telegraph purposes,... 341 for county purposes,... 87 APPRENTICES, indentured by fathers or guardians,.. 193 to or by reformatory schools,.... 98 bound out by selectmen,. 127, 193 or by themselves, with approval of selectmen,.. 193 to be instructed in common branches,... 126 punishment, if refractory,..... 193 runaway, how brought back,.... 193 clamages, how recovered,... 194 Indian,....... 193 punishment for eloigning,.... 506 ARBITRATIONs submission by rule of court,... 467 572 INDEX. ARBITRATION, -continued. PAGE. referring suits to arbitration,.... 468 witnesses,...... 468 submission to arbitration by trustees, by authority of Probate Court,....... 468 submission by trustee in insolvency,... 386 the award,...... 468 remonstrance against award,.... 468 hearing on award, privileged,.... 430 costs,...... 469 presiding arbitrator to have casting vote,.. 60 award, how to be executed and recorded, to pass title to lands. 355 ARMS, right of people to bear,.... xlvii exemption from execution,..... 455 discharge of fire-arms in cities,.... 509 in burying-grounds,. 513 ARRESTS, security from unlawful,... xlvi privilege from, of members of General Assembly,.. xlix of Congress,... xxxi electors, at time of electors' meetings,. liii officers of State prison,.. 103 without warrant, when authorized,... 34 of truants,. 128 of vagrant girls, &c.... 94 in burying-grounds,... 296 ARSON, how punished,...... 502 if causing death,... 498 ARTILLERY, to be two sections of,.... 114 how constituted,...... 115 may make by-laws; may be disbanded by Governor,. 116 ASHLAND COTTON COMPANY'S RESERVOIR, fishing in,. -225 ASS, willful injury to,...... 504 ASSAULT,....... 507 with intent to murder,..... 499 to rob,...... 499 to commit rape,. 499 ASSAULT AND BATTERY,..... 509 ASSEMBLE, right of people to,...l xlvii ASSEMBLY, see GENERAL ASSEMBLY,... 78 lawful, penalty for disturbing,... 509 ASSESSMENTS of land damages and benefits, appeals from, how taken,...... 91 correction of errors in, on appeal,... 91 joinder of appellants,..... 280 revising decision of judge on appeal,... 450 against estate of deceased person,. 91 ASSESSORS, how many to be annually elected,... 24 their duties,. 152-160 forfeiture for refusal to accept office,.. 529 INDEX. 573 ASSESSORS,-continued. PACE. for neglect of duty.. 529 by town, for neglect to appoint, 525 oath to grand list, form of,. 550 ASSIGNATION, house or place of, 511 ASSIGNEE of chose in action, suit by, 417 set-off, 425 of reversion, entry by for breach of condition,.. 471 of lessor or lessee, summary process by or against, 491 ASSIGNMENTS in insolvency,.. 378 of future earnings, record of, 409 ASSISTANCE, refusal to render to public officer,. 510 ASSISTANT CLERKS OF COURTS, appointment,.. 42 orders of notice by,. 410 ASSISTANT STATE'S ATTORNEY, appointment,.. 42 pay,. 177 ASSISTANT TOWN CLERK,.. 26 ASSISTING in any offence, how punished,... 545 ASSOCIATIONS, voluntary, suits by and against,. 417 service of civil process on, 403 attachments against,. 403 levy of execution against,... 457, 461 against association for improving oyster bads, 457 devise or legacy to, notice of,.. 371 ASSUMPSIT, in actions between partners,... 423 for rent,... 471 limitation of time for bringing,.... - 494 ATTAINDER, bills of, prohibited,. xxxiii of treason or felony prohibited,. xlvii ATTACHMENTS, form of writ and signature, 396, 399 how served,... 401 order of attachment, pending suit, 4. 400 of separate estate of partner,... 402 receiver of partnership property attached,. 483 dissolution of such attachment,. 483 of property of voluntary association,... 403 against non-residents,.. 403 of personal estate, 401o of stock in a corporation,... 402 secretary to give information as to defendant's interest, 402 of leaseholds, oyster-beds, real franchises, and interests in buildings,..... 403 of machinery, tools, furniture or crops, 404 of vendee's interest under conditional sale,.. 408 disclosure by vendor as to,.. 408 application for sale of perishable property or live stock, attached,...... 405 appraisal: bonds from plaintiff: expenses of sale, 405 disposition of avails of sale,.... 405 39 574 INDEX. ATTACHMENTS, of personal estate,-continued. PAGE. attachment of avails,.... 06 defendant may take them, on giving bonds,.. 406 fees of County Commissioners, &c.,... 178 concealing property from, action of fraud for,.. 490 foreign attachment, form of process,..... 397, 399 against executor, administrator, or trustee,.. 397 corporations,..... 403 partnership,,... 404 non-residents,..... 404 employer, when defeated by assignment,. 409 estate; claim, how proved,... 409 of notes,...... 409 limitation of time for bringing scire facias,.. 494 subrogation of creditor,.... 408 bill of interpleader by garnishee,... 409 bonding debt on,..... 409 of real estate,.... 401 certificate of attachment; copy for town clerk,. 402 record of,...... 27 of body,....... 401 duration of lien of,..... 404, 464 dissolution, by proceedings in insolvency,.. 383 on giving bonds,..... 483 where partner's interest is attached,... 406 form and notice of application,... 406 hearing; amount of bond,.... 406 form of bond,...... 407 record of proceedings; certificate of dissolution,. 407 change of bonds,..... 407 discharge of excessive,... 407, 408 certificate of discharge,.... 408 penalty for not filing,..... 408 see EXECUTION. ATTEMPT to procure miscarriage or abortion,... 499 to destroy public stores,..... 560 to break into building, to commit crime therein,.. 503 ATTESTATION, of deeds,.... 352, 353 of wills,....... 369 ATTORNEY IN FACT, of corporation in civil action,.. 416 deed of land by,. 352 record of power,..... 353 ATTORNEY AT LAW, to be admitted, and conduct regulated by Superior Court,.......44 none but attorneys may argue another's case in court,. 44 to be subject to the rules of the courts in which they practice, 60 penalties for disobedience,..... 60 making sham defence; costs on,. 446 INDEX. 575 ATTORNEY AT LAW, —continued. PAGE. only one on a side to argue on justice appeals; hour rule,. 61 interlocutory questions not to be argued, unless, &c.,. 61 maintenance by,...... 527 members of General Assembly, when not to act as, in matters before it,...... 80 for non-resident plaintiff, record of appearance,.. 418 for defendant in criminal prosecution, fees, how taxed,. 542 oath of,...... 548 AUCTIONEERS, in cities or boroughs, to be licensed,. 518 AUDITORS of county treasurer's accounts,... 23 of Treasurer's accounts, to be annually appointed,.. 8 to audit inventory of School Fund, annually,.. 13 of communities or public corporations may require oath to claims against,...... 90 in account,..... 46, 467 on appeals from commissioners,... 429 may be appointed by justice of the peace, when,.. 429 vacancy, how filled in vacation,... 429 hearing on report, privileged,.... 430 AUTOPSY, fees for, when made at request of prosecuting officer, 542 unlawful, how punished,.. 513 AVOIRDUPOIS WEIGHT, standard of,.. 273 AVOWRY, in replevin,... 6, 487 AWARD, of arbitrators,.... 468 to pass title to land, how executed and recorded,. 355 BAGGAGE, checks for on steamboats,.. 252 on railroads,... 330 lien on for board or lodging,... 363 reckless handling of, how punished,.. 506 BAIL, not to be excessive in State Courts,... xlvi in U. S. Courts,. xli in criminal cases, to be allowed,.. xlvi how taken,. 535 rights of surety,..... 535 on a binding over,.... 534 in civil actions,... 411; 412 to the officer,..... 411 special bail,. 411 during session of court,.. 411 liability of bail; surrender,... 412 actions on bail bond,.... 412 assignment of bail bond,... 412 rights of bail,. 412 recognizing surety, in absence of principal,. 412 limitation of time for suing,... 495 BAILEE, embezzlement by,. 524 576 INDEX. PAGE. BAILIFFS, of boroughs; powers in serving process, 33 BALLOT, elections of State officers and members of General Assembly to be by,.. liii, lvii BALLOTS, form of,..71 how cast; how counted; double ballots, &c., to be thrown out,. 72 offering marked or colored,. 518 to be preserved six months after electors' meeting,.. 72 and after city or certain town meetings to elect officers, 85 for Presidential electors,. 77 BALLOT-BOXES, selectmen to provide; how marked; how constructed,... 70 box tenders,.. 70 how long to be kept open,..71 BALL'S POND, fishing in,. 225 BANK-BILLS, counterfeit, to be stamped as such,.. 284 counterfeiting, how punished,. 523 evidence of bank charter unnecessary, on prosecution for counterfeiting,..... 538 receivers of banks to destroy,.... 288 BANK COMMISSIONERS, appointment and term of office,. 16 disqualifications; vacancies,. 16 notice to Governor, if they owe a bank,... 16 duties and powers,...... 287 reports,....... 287 returns of banks to,. 286, 290 of savings banks to,. 292 may wind up unsound banks,.... 288 and savings banks,.... 293 examination of banks,..... 287 of savings banks,.... 293 salary,...... 173, 287 BANKS, definition of term,... 553 charters not to be granted, except on petition and notice,. 19 not to change location,..... 280 organized under the free banking law of 1852,.. 283 subscriptions to stock by State or charitable institution,. 284 voting on such stock,..... 285 examination of books by State officers,.. 284 by stockholders,... 285 amount of cash or U. S. bonds to be kept on hand,.. 283 what stock may not be voted on,... 285 proxy voting,.... 285, 279 dividends to be paid from net earnings only,. 283, 286 to be declared by yeas and nays,. 286 advertisement of unclaimed,.. 286 not to loan on pledge of their own stock,... 283 branch banks or agencies prohibited,. 284 INDEX. 577 BANKS, —continued. PAGE. loans to any one party limited,.... 284 not to discount for cashier or clerks,.. 284 may loan out of the State, when only,.. 284 reduction of capital,. 286 officers to cancel counterfeit or raised bill,.. 284 liability for cancelling good one,.. 284 cashier to seize counterfeit coin,.. 284 directors, disqualification of,. 285 loans to, limited,..... 285 not t6 be paid for indorsing,.. 286 State directors,..... 286 cashiers to give bonds,..... 286 not to be treasurer of savings bank,.. 291 to notify Governor, if Bank Commissioner owes the bank,..... 16 quarterly statements,... 286 annual returns,.... 286 examination by Bank Commissioners,.. 287 to contribute to their salaries,.. 287 winding up, on complaint by State officers,. 288 on petition of stockholders,.. 288 appointment and duties of receivers,... 288 penalty for not turning over property to,. 289 destruction of bills and plates,... 288 distribution of assets,.... 288 fraudulent preferences by,... 288 conversion into national banks,.... 289 rights of holders of non-transferable stock, on,.. 290 re-conversion into State banks,.... 290 general penalty for breach of laws as to,... 293 see NATIONAL BANKING ASSOCIATIONS. BARNS, setting fire to,...... 502 BARRATOR, common,...... 507 BARRELS, for fish, how made,..... 275 BARS, protection of,.... 227, 228 double damages for throwing down,.. 489 across private ways,. 234 in Connecticut river,..... 221 BASTARD, concealing birth, or secret delivery of,.. 512 BASTARDY PROCESS, complaint by mother,... 469 continuance till birth of child,. 470 judgment,....... 470 prosecution by town,..... 470 limitation of time for prosecuting,.... 495 BATHING, in reservoirs,...... 513 BEACH, right to sea-weed, &c., on,... 345 removing stone from,..... 528 BEARSS: POND, fishing in,.... 225 578 INDEX. PAGE. BEASTS, stray, see ANIMALS,.... 366 impounding, see POUNDS,.... 209, 255 willful injury to,. 504 carnal copulation with,. 510 BEDDING, exempt from execution,.... 455 BEEF, exemption of, from execution,.... 456 BEGGARS, may be sent to work-house,.... 109 BENEFITS, municipal assessments for, how made,.. 91 appeals from,... 91, 280 in highway cases, or lay-out of private ways,. 236 remonstrance and re-assessment by jury,. 237, 238 payment, how enforced,. 236, 239 total, when not to exceed damages,.. 239 from mutual benefit associations, exemption of from attachment,...... 456 BESTIALITY,. 510 BETS, to be void; recovery of stake,... 228, 229 on horse races,..... 516 on elections,...... 518 see GAMING. BETTERMENTS, defendant in ejectment, when allowed for,. 362 by remainder-man,.... 361 by husband, on wife's land,.. 361 BIBLE, blasphemy against,..... 512 BIGAMY,........ 510 BILLS OF ATTAINDER, prohibited,.... xxxiii BILL OF EXCEPTIONS, filing on motion for a new trial by.adverse party,.... 449 BILLIARD TABLES, used for gaming, punishment for keeping, 517 forfeiture of,. 229 bonds for good behavior from keeper,.. 517 BILL IN EQUITY, signature of,. 423 filing cross-bill or supplemental bill,... 430 citation on,.. 396 BILLS OF CREDIT, States must not emit,... xxxiii issuing without authority,..... 515 BILLS FOR PUBLIC ACTS, style of,.... xlvii BILL OF EXCHANGE, grace when not allowed on,.. 344 falling due on holidays,... 344 notice to indorser,... 344 damages on protest of foreign,. 344 protests, how far evidence,. 438 discharge in insolvency of one party,.. 386 BINDING OVER, in criminal cases,.... 533 bonds to be taken to the State,... 534 BIRDS, protection of,.... 229, 230 cruelty to,.... 514 towns may make by-laws as to taking,... 85 BIRTHS, registration of, under town by-laws,... 86 INDEX. 579 BIRTHS,-continued. PAGE. registration of, under State law,. 28, 29 certificates of, to be returned to registrars,. 29 publishing false notice of,..... 500 BLACK POND, in Middletown, fishing in,.. 225 in Woodstock, fishing in,... 226 BLASPHEMY,...... 512 BLASTING, in New Haven, without license,... 509 BLINDNESS, willfully causing, how punished,... 498 BLIND PERSONS, returns of, by selectmen,... 25 BOARD, exemptions from foreign attachment, in suits for,. 45( BOARD OF AGRICULTURE, STATE, see AGRICULTURE, STATE BOARD OF,..... 18 BOARD OF CHARITIES, see CHARITIES, BOARD OF,. 19 BOARD OF EDUCATION, STATE, see EDUCATION, STATE BOARD OF,.... 14 of school societies, under Act of 1855,.. 130, 131 BOARD OF EQUALIZATION, how constituted,.. 160 powers,.. 160, 169, 170 notice of alterations made by,.... 160 revision of returns of corporations,. 169 of insurance companies,. 170 their neglect to act, not to bar forfeitures to State, 171 BOARDS OF HEALTH, see HEALTH, BOARD OF,.. 258 BOARD OF RELIEF, members to be annually elected,. 24 powers and proceedings,.... 159, 160 BOARDING-HOUSE, lien of keeper on baggage, &c.,.. 363 fraud in procuring board at,... 525 surreptitious removal of baggage from,... 525 BOATS, unlawfully used in fishing, forfeited,. 217, 228 fishing, exemption of from execution,... 456 taking without leave,..... 504 BODIES of deceased persons, not to be removed from town with. out permit,..... 29 depth of graves,...... 513 unlawful disinterment or dissection of,... 513 of paupers, may be used for dissection, w.en and how,. 150 of convicts, may be dissected at Yale College,.. 151 post mnortemn examination at request of prosecuting officer,. 542 BODY, attachment of,..... 401 release, if execution not taken out,. 460 levy of execution on,.... 454, 459 but one levy on the same judgment,... 459 exempt from execution, in what actions,... 460 BOILERS, steam, inspection of,... 275 penalty for violating inspection laws,... 521 BONDS, of State, trustees may invest in,. 367 580 INDEX. BONDS, of State,-continued. PAGE. exchange of registered, for coupon,... 8 destruction of bonds received in exchange,.. 8 public faith pledged to redeem,... 552 Probate, what and how taken,..... 59 suits on,..... 59, 400 pleading and judgment, in suits on,... 423 remedy on, to collect execution on a foreign attachment, 465 given in another State, action on,... 490 from petitioner in involuntary insolvency,... 381 for prosecution of civil actionlls,. 397 not to be discharged by amendment of writ,.. 397 form,....... 398 may be taken in vacation,.... 61 limitation of time for suing on,... 475 to dissolve attachment,..... 406 towns may issue, when,.... 87 of town, city, or borough, trustees may invest in,.. 367 of United States, trustees may invest in,... 367 railroads may issue,..... 332 of railroads, savings banks may not invest in,. 291 admissible in evidence in highway cases, when and how,. 239 action on highway bonds,.... 239 penal, assessment of damages on,... 444 in criminal cases, on a binding over,.... 533 on adjournments,..... 534 informality in, when not to vitiate,... 545 bail, how taken in civil cases,.. 411, 412 in criminal prosecutions,.. 535 rights of surety,... 412, 535 of indemnity on injunction petitions,. 478 to dissolve attachments,.4. 406, 483 on justice appeals,...... 415 on writs of replevin,..... 484-87 in civil actions, may be taken in vacation, when,. 431 renewal or change of,... 431 nonsuit or default for want of,.. 431 of receivers,.. 483 limitation of time for suing on,.. 494, 495 BOOK-DEBT, evidence from books,-.. 471 oyer of defendant's book,..... 471 neglect of defendant to exhibit cross account,. 471 book-debt for use of lands,. 471 limitation of time for bringing,... 494 BOOKS, production of, in actions of account,... 466 of book-debt,... 471 INDEX. 581 BOOKS,-continued. PAGE. obscene, circulation of, prohibited,... 12, 513 BOROUGHS, enumerated,.. 2 charters not to be altered without petition and notice, 79 powers of borough bailiffs,. 33 may arrest without warrant, when, 34 boundaries, how marked and kept up,. 88 if disputed, how settled by Superior Court, 88 meetings, how warned,.... 83 moderators; appointment and powers,.. 84 majority vote to govern,. 84 by-laws as to fisheries to be published, 85 not to be discriminating,. 86 suit for penalties under,.. 86 appeals from prosecutions under by-laws,... 536 powers as to highways,.... 236 to share in town highway appropriation, when,. 233 to expend it, how,. 233 liability for accidents on,.... 2. 33 re-imbursement by party placing obstruction on,. 488 may establish or maintain a public library,.. 86, 87 bonds of, trustees may invest in,. 367 claims against, oath to, when required,.. 90 may provide a lock-up,. 546 warden and burgesses may license exhibitions,.. 546 BOUNDARIES, between proprietors of lands, how ascertained,. 355 of towns and boroughs, how marked and kept up,.. 88 willfully altering or removing, how punished,. 504 BOX-TENDERS at elections,.. 70 BRAKEMEN, railway, to wear badges,.... 330 number on each train,. 332 BREACH OF THE PEACE,.. 509 BREAKING into houses, officers when permitted to,.' 34 into buildings, with criminal intent,.. 503 if done in the night season,. 502 if person within is frightened,. 503 BRIBERY, at elections,.. 518 conviction for, a forfeiture of electoral privileges,. lii of judge, juror, or court officers, 507 BRIDE-POND BROOK, fishing in,.. 221 BRIDGES, in highways, towns to build and maintain, 231 between two towns,. 231 between two States,. 232 to have a draw, if over navigable waters, 231 vessels not to steam or sail through draw,. 246 towns, how compelled to build or repair, 231, 233 private parties, how compelled to repair,... 480 at railroad crossings, how built and maintained, 232, 324 railroads, how compelled to build or repair, 336 582 INDEX. BRIDGES, —continued. PAGE. committing nuisance on railroad,. 505 covered railroad bridges, height of,. 324 foot ways on railroad bridges,... 324 railings,....... 232 liability for injuries from defects in,.... 232 fast riding or driving over, prohibited,... 506 toll bridges,... 246 false toll boards at,. 248 on turnpikes, to be maintained, how,.. 243, 245 obstructing by loitering on, &c.,.... 509 treble damages for injuring,.... 445 criminal prosecution for injuring,... 500, 504 for taking shell-fish from,.. 501 BRIDGEPORT, annual town meeting, when held,.. 83 how warned,.. 84 electors' meeting in, hours of,.... 70 at town or city meeting to elect officers, none not registered can vote,....... 84 harbor master of,...... 249 dumping rubbish in harbor,.... 252 speed of steamers in, regulated,.... 252 City Court of, jurisdiction of harbor offences,.. 252 BRIGADIER GENERAL, appointment and staff,. 114 duties,. 120 BRAWLERS, may be sent to work house,... 109 BUILDINGS, unsafe, how guarded against,... 262 interest in, on another's land, attachment of,.. 403 levy of execution on,. 461 erected to annoy adjacent proprietor,.. 477, 488 burning; arson,..... 498, 502 public, willful injury to,..... 500 private, willful injury to,..... 503 used for gaming or obscene purposes, warrant to break into, 537 breaking into, with criminal intent,.... 503 if done at night,...... 502 attempts to break in,..... 503 if person within is frightened,.... 503 willfully defiling,...... 504 BUREAU OF LABOR STATISTICS,.... 21 salary of Chief,..... 173 of Deputy,...... 174 when payable,..... 173 expenses of Chief,...... 174 BURGLARY,...... 502 with force or arms,. 499 breaking store or out-house at night, with intent to commit crime,....... 502 breaking in the day time, with intent to steal,. 503 INDEX. 583 BURGLARY,-continued. PAGE. attempting to break in,.. 503 when a person within is frightened, 503 BURIAL, certificate of, to be returned by sextons to registrars, 29 graves, to be how deep,. 514 lots, exempt from execution,.... 456 from taxation,. 154 BURNING another's property, by fire negligently set, 489 building willfully; arson, 498, 502 vessel,. 502 where it endangers life,..... 498 BURNING FLUIDS, inspectors of,.. 261 not to be inflamable at under 110~,. 521 BURYING-GROUNDS, sextons and superintendents of, 293, 294 preservation of, and of quiet in; criminal prosecutions, 513 by-laws regulating,.. 293 towns and ecclesiastical societies may own,. 293 exemption from taxation,..... 154 how enlarged, -.... 293, 294 malicious injury to tombs, &c., in,... 513, 294 lots in, exempt from execution,.... 456 BUSHEL, capacity of, heaped measure,.... 273 weight of,....... 273 BY-LAWS, towns may make,..... 85 of city or boroughs, appeals from,.. 536 pleadings, in complaints under,.... 423 CAMP-MEETINGS, peddlers and hucksters near,. 513 CAMPING, persons engaged in, may be sent to work-house, 109 CANADA THISTLES,...... 530 CANAL, charter for, not to be granted or amended, except on petition and notice, 79 land not to be taken from it, by disseisin,... 355 obstructing or injuring, how punished, 504 CANNON, discharge of, by proprietor of military school,. 510 CAPIAS, to witness issue of,.... 435 to deponent,.. 437, 438 issued at request of grand jurors,.... 531 in criminal cases, by justice,. 533 CAPITAL of the State, where situated,... xlvii, lix CAPITAL CRIMES, what are,.... 498 to be tried before two judges,... 538 two witnesses, when required to convict,... 538 writ of error after conviction,.... 539 order of execution, if judgment affirmed, 539 CAPITAL PUNISHMENT, when inflicted,... 498 how inflicted,.. 540 expense of inflicting, how paid,.. 540 notice of commutation of,. 546 584 INDEX. CAPITAL PUNISHMENT,-continued. PAGE. transportation to State prison, in lieu of,... 546 CARNAL KNOWLEDGE, of man; sodomy,... 510 of a woman; incest,.... 511 of girl under ten,...... 499 CASTING VOTE, presiding officers to have,... 60 on capital trials,...... 538 CATHOLIC religious societies,.... 299 CATTLE, willful injury to,.... 504 letting out of inclosure to impound,.... 505 CAUSEWAY, railroad, foot-way along,.... 324 injury to railing on,.... 445 CAUTION, record of,...... 353 CAVEAT, record of,...... 353 CEMETERY, sextons and superintendents of,.. 293, 294 towns and churches may own,.... 293 by-laws to regulate,. 293 how enlarged,..... 293, 294 preservation of, and of order in,.... 513 malicious injuries in,.... 513, 294 exemption from taxation,.... 154 lots in, exempt from execution,... 456 see BURIAL, BURYING GROUNDS, CORPSE, GRAVE, CRIMES AND CRIMINAL PROSECUTIONS. CENSUS of the United States, to be taken decennially,. xxix the rule of apportionment as to senatorial districts,.. lvi and of population of towns, as to elections of representatives, lix CHALLENGES, of electors,..... 71 of jurors, peremptory in civil cases,... 434 in criminal cases,.. 538 to fight, how punished,... 508, 509 CHALLENGERS, at elections, how appointed,... 71 CHANCE, games of, when prohibited,... 17 sales upon chance of a prize, prohibited,.. 521 CHANCERY, see EQUITY,... 413 CHAPINVILLE ponds, fishing in,.. 225 CHARCOAL, exemption from execution of,... 450 capacity of half-bushel of,. 273 CHARGE TO THE JURY, in civil actions,... 442 in criminal cases,.... 539 CHARITABLE USES, statute of,.... 352 CHARITIES, BOARD OF, appointment and powers,.. 19 appeals from,. 20 mode of inspecting institutions; report, 20 expenses of members,... 173 CHARTERS, Colonial, land titles under, validated, 351 power to amend and repeal,... 278 petitions for or to amend, notice of,.... 79 amendments, how to be accepted., 278 INDEX. 585 CHARTERS, — continued. PAGE. pleadable as Public Acts,. 423 CHASTITY, offences against,.... 510-513 bestiality and sodomy,... 510 adultery and bigamy,..... 510 incest, and marriage within prohibited degrees,.. 511 seduction,....... 511 fornication and lascivious carriage,. 511 house of ill-fame, keeping,..... 511 frequenting,.... 511 renting tenements for,.. 511 bar-tender or servant in,.. 512 circulating obscene prints or books,.. 512, 513 CHECKS to be given for baggage on steamboats,... 252 and on railroads,.. 330 CHEMISTS, STATE, see STATE CHEMISTS,... 439 CHESTNUT HILL POND, fishing in,.... 225 CHIEF of the Bureau of Labor Statistics,... 21 CHIEF JUSTICE to preside when Governor is impeached,. liv at annual meeting of judges of Superior Court,.. 42 to have casting vote,..... 60, 46 may remove State's Attorney, when,... 42 may call special meeting of judges of Superior Court,. 43 may order special terms of Superior Court,.. 43 shall order one, and assign judge to hold it, if Bar request, 44 CHIEF JUSTICE OF THE UNITED STATES, to preside, when the President is impeached,.... xxx CHILD, abusing girl under ten,..... 499 kidnapping,. 499 under six, exposing with intent to abandon,.. 500 CHILDREN, to be instructed in common branches,. 126, 127 support of,..... 199, 202 adoption of,..... 189, 19Q support, on divorce of parents,.... 189 guardians of,... 190-192 employment in factories, &c., hours of, limited,.. 194 CHOSE IN ACTION, action by assignee,. 417 set off against,...... 423 CHRISTIAN, sects or societies, no preferences between,. xlv, liii, 294 religion, blasphemy against,.. 512 CHRISTMAS, notes falling due on,.. 344 CHURCH, connection with to be voluntary,.. liii site of, how fixed,... 296 not to be taken for school-house site,.. 138 pews in, how taxed,. 296 how condemned by appraisal,... 297 how conveyed,. 297 willful injury to,.... 500 586 INDEX. PAGE. CIRCULATING CURRENCY, illegal issue of,... 515 CIRCUS, forfeiture of building used for, without a license,. 253 penalty for exhibiting, unlawfully,. 517 CITATIONS IN EQUITY, form,.... 396, 399 service of, -........ 401 amendments of,...... 426 CITIES, enumerated,..... 2 charters not to be altered, except on petition and notice,. 79 meetings; how warned,.. 83 moderator of,.... 84 majority vote to govern,.. 85 none to vote for election of officers, unless registered,..... 84 ballots cast, to be preserved,... 85 closing liquor saloons on day of,... 520 licensing exhibitions in,..... 546 may make by-laws as to registering births, marriages, and deaths,....... 86 as to truants,... 127 right of appeal, on complaint under by-law,.. 536 powers as to highways,.... 236 liability for accidents on,..... 232 not if caused by horse railroad tracks,... 339 mayor to regulate removal of snow from tracks,.. 340 discharge of fire-arms in,... 509 of cannon in,... 510 may establish and maintain public library,... 86 bonds of, trust funds may be invested in,... 367 oath to claims against,. 90 CITIZENS, who are, by State law,.... 4 by the U. S. Constitution,... xlii privileges and immunities of,... xxxvi, xlii CITY COURTS, civil jurisdiction,.... 40, 62, 416 new trials and error,.... 449, 451 criminal jurisdiction,. 533 bonds on adjournment,. 534 sending up copies, on appeal or binding over,. 535 judge of, may hold Court of Common Pleas, when, 39 of Waterbury City Court may hold District Court, when,..... 39 pay for so doing,... 174 clerks of, fees for copies,..... 176 CIVIL ACTIONS,...... 396-496 mesne process,... 396-400 form of,. 396 foreign attachments,... 397 citing in garnishee to disclose,. 400 bonds for prosecution,..... 397 form of bond,... 398 INDEX. 587 CIVIL ACTIONS, mesne process,-continued. PAGE. direction of process,... 398 to indifferent person,.... 398 special deputation,. 398 justice writs, when returnable,. 398 issue or service of process on Sunday,... 398 forms of writs,. 398, 399 forms of citations,.... 399 order of attachment, pending suit,... 400 writ by or against co-partners,. 400 actions on Probate bonds,.... 400 not to be sued, without order of court,... 400 security for costs,.... 400 service of imesne process,... 401-411 time of service,. 401 return of process,..... 401 mode of service; attachment of body,.. 401 attachment of real estate,.... 402 of leasehold interests, and oyster beds,.. 403 of real franchises, and interests in buildings,. 403 of a partner's separate estate,.. 402 of stock in corporation,... 402 against a non-resident,.... 403 on corporations,. 403 on voluntary associations,. 403 on non-resident executor or administrator,. 403 on garnishee, if defendant a non-resident,. 410 on joint contractors, when part are non-residents,. 410 on non-resident railroad directors,... 410 orders of notice to non-residents,... 410 to parties whose residence is unknown,.. 410 to representatives of deceased persons,.. 410 death, removal, or retirement of officer before completing service,.... 411 completing service out of officer's precincts,. 411 foreign attachment. against executor, &c., or trustee; claim, how proved,. 409 against corporations,... 403 against partnership,... 404 against non-resident,.... 404 of wages assigned before being earned,.. 409 of negotiable notes,.... 409 subrogation of attaching creditor,... 409 bill of interpleader by garnishee,... 409 bonding the debt, &c., attached,... 409 Certificate of dissolution of,.. 407 proceedings on attachments. attachment of machinery, tools, furniture, or crops,. 404 sale of perishable property, or live stock, attached, 405, 406 588 INDEX. PAGE. CIVIL ACTIONS, proceedings on attaechments,-continued. attachment of avails of sale,.... 406 duration of attachment lien,.... 404 dissolution of attachment. by giving bonds,. 406 form of bond,..... 407 preservation of record of proceedings,.. 407 certificate of the dissolution,. 407 change of bonds,.... 407 partial discharge of excessive attachment,. 407 total discharge, when,..... 408 certificate of discharge of attachment,. 408 penalty for not filing,.... 408 attachment of vendee's interest under conditional sale, 408 disclosure from vendor,... 408 bail,..... 411, 412 to the officer,..... 411 special bail,..... 411 bail during session of court,.... 411 liability of bail; surrender,... 412 actions on bail bond,. 412 assignment of bail bond,. 412 rights of bail,...... 412 taking recognizance of surety, when principal is absent, 412 jurisdiction,..... 413-416 suits before justices of the peace,... 413 suits for between $100 and $500,... 413 suits for over $500,. 413 foreclosure and redemption suits,... 413 manner of proceeding in equity,... 413 actions of account,.... 414 suits involving title to lands, local actions,.. 414 others to be brought where parties live,.. 414 petitions for partition or sale, where brought,. 414 land lying in several counties or towns,.. 414 justice's suits, where brought,.. 414 suits by foreign corporations,.. 415 suits by non-resident executor or administrator,. 415 transfer of jury cases to another county,.. 415 of causes to Court of Common Pleas in New Haven county,... 415 appeals in justice's suits,. 415 raising demand of damage, after appeal,. 416 entry of appeals,. 416 City Courts,..... 416 parties,...... 416, 417 action by successors of public officers,... 416 by or against corporations,.... 416 member of community defending suit against it, indemnity from,..... 417 INDEX. 589 CIVIL ACTIONS, parties,-continued. PAGE. by corporation on security taken to its officers, 417 by or against counties,. 417 by trustees in insolvency, 3. 86 by receivers, 401 by assignee of chose in action,. 417 by or against voluntary associations, 417 by one joint tenant, or tenant in common, 417 against married women, 417 on contracts of husband and wife, 417 by married women, 417 joinder of husband, in suits by or against wife, 417 appearance, 418-420 nonsuits,. 418 withdrawal of action in vacation, 418 record of name of attorney of non-resident plaintiff, 418 judgment by default, 418 defence by creditor of defendant, 418 continuance, if the defendant be or live out of the State, 419 if defaulted, indemnity required, 419 land taken on execution not to be aliened for a year, 419 defence by garnishee, 419 continuance of justice suits, if the defendant be or live out of the State, 420 abatement,..... 420-422 circumstantial defects, 420 amendment after plea in abatement, 420 judgment on issue in fact, not conclusive, 420 actions against partners; citing in partners not named in writ,. 420 amendment of process between signing and service, 422 process served by officer before giving bond, 422 process drawn by officer, 422 marriage of feme sole plaintiff,. 421 death of party,. 421 survival of actions, 421, 422 death of co-plaintiff or co-defendant, 421 what actions of tort survive, - 421 what rights of action for torts survive,. 422 distribution of damages for injury causing death, 422 suits by or against executor or administrator,. 422 death of appellant, pending Probate appeal,.422 actions of disseisin,. 422 successor of public officer may enter,. 422 pleadings, 423-426 charters pleaded as Public Acts,.. 423 complaints under Private Acts, or by-laws, 423 joinder of counts in contract, 423 of counts in tort, 423 40 590 INDEX. CIVIL ACTIONS, pleadings,-continued. PaEG actions for settlement of partnership accounts, 423 suits on Probate bonds, 423 signature of bills in equity, 423 courts may establish rules of pleading,. 423 notice of denial of execution of contract, 423 general issue and notice, 424 double pleading, 424 double rejoinders in actions for breaches of conditions, 427 in replevin, 424 pleading over, after demurrer overruled,, 424 set-off, for mutual debts, 424 in suit by assignee of chose in action,. 425 claim of set-off to amount beyond jurisdiction of court; transfer of cause, 425 failure of defendant to complete transfer; costs, 425 set-off in actions of trespass and case, 42G bill in equity for a set-off; debts denied by plaintiff. 426 amendments, 42E, 427 to declaration or petition,. * 426 in pleadings,.. 427 in judgments,.. 427 practice,.. 428-4:31 juries in justice suits, 428 trial by jury in the higher courts, 428 appointment of committees, 428 reference of issue, involving accounting, to auditors, 429 filling vacancies in committees, &c., 429 disclosure by garnishee,.. 429 garnishee -not disclosing, liable to costs,. 429 notice of cross-bill and supplemental bill in equity, 430 sheriffs, &c., not to practice as attorneys,. 430 offer of judgment, 430 acceptance of offer, 430 trial not to be postponed,. 430 offer not accepted, 430 precedence of suits by the State, 430 of writs of error in summary process,. 430 of hearings on reports or awards,. 430 of Probate appeals,. 430 of drain company suits, 266 of proceedings in rem against liquors, 271 questions of law reserved for advice of Supreme Court of Errors, 430 bonds for prosecution, ori on appeal, taken in vacation, 431 failure to furnish sufficient bonds for prosecution or on appeal, 431 juries,. 431-434 INDEX. 591 CIVIL ACTIONS, juries,-continued. (PAGE. election of jurors,.... 431 number to be elected in each town,.. 431, 432 election of jurors for justice courts,... 432 town jury boxes, 432 exemption from jury service,... 433 summoning and drawing jurors, 433 all names drawn to be returned to the btox,.. 433 return of warrant, 433 summoning jurors, to fill vacancies, 433, 434 juries impaneled by lot,.433 penalty for non-attendance, 434 talesmen; oath, 434 summoning justice jurors, 434 talesmen; penalty for non-attendance,... 434 peremptory challenges,. 434 tampering with jury,. 507 misconduct of jurors, 507 disclosure from jurors, as to, 507 evidence,. 435 —441 subpcena and ccpiazs,.. 435 form of sutbplmna,.. 435 depositions, when and how taken, 43 5 interested person not to write,.. 436 of persons in military or naval service, 436 of person sixty years old, 436 subpoena to deponent, 436 opening depositions, 43 7 commissions to take depositions, 437 commissioners of other governments may compel attendance of witness, 4. 437 Ca(pias not to issue till service of sstbhpena is proved, &c.. 437 perpetuation of testimony, 437 adjournments; issue of capimas,. 438 filing the depositions, &c. 438 such depositions, how far evidence,.. 438 protests of bills and notes,. 438 equivalents for a seal,. 438 proof of laws of other States,... 438 printed statutes, how far evidence, 438 reports of decisions in other States,.. 438 records, of public offices and corporations, 438 records of State Chemists,.. 439 of organization of joint stock corporations,.. 439 U. S. revenue stamps on recorded document... 439 records of boards of health, 439 of proprietors of common lands, 439 of religious societies, 4..39 inability of clerk to give copies,. 439 592 INDEX. CIVIL ACTIONS, evidence,-continued. PAGE. Probate records or copies, certified by judge, 439 entries and memoranda of deceased persons, 439 fire communicated by railway engine, 439 motion for a disclosure, 439 course of proceeding,... 44() files and records of former justices of the peace to be left with town clerk,. 440 former justices may perfect records and give copies, when,. 440 files and minutes of former justices, 440 religious belief of witness, 440 interest or conviction for crime, no disqualification,. 440 adverse party may be compelled to testify, 440 but not also to make disclosure, 440 this not to affect attesting witnesses, 440 disclosure in equity not conclusive, 440 statute of frauds, 441 sales of personal property for under e-3, 441 discharge, of one of several joint debtors, 441 by nominal plaintiff, 442 trial, 442-444 questions of law to be decided by the court; of fact by the jury, 442 request to charge jury in writing, 442 motion for nonsuit, 443 proceedings set aside nonsuit, 443 special verdicts,. 443 returning jury to a second and third consideration, 443 duty of jurors,.... 443 verdict by nine jurors, by consent of parties, 44.4 issues of fact closed to the court: special finding, 444 facts to be found in equity proceedings, 444 judgment on verdicts: assessment of damages,. 444 judgment for one defendant and against others, 444 judgments, damages, and costs,. 444-447 damages on penal bonds, 444 proof of intent in publishing libel; refusal to retract charge,..45 treble damages for theft, 445 double damages for forgery, 445 treble damages for injury to bridge, 445 treble damages for injury to monument or railing on highway,. 445 treble damages for vexatious suits,.. 445 plaintiff's costs, when not to exceed damages,.. 445 questions of title, 446 damages reduced by act of defendant, pending suit, 446 INDEX. 593 PAGE. CIVIL ACTIONS, judgments, damnages, and costs,-cont'd. costs for service of process by indifferent person, 446 of application to dissolve an injunction, 446 on withdrawal of action, 446 on justice appeals, 446 on suit on original demand, pending a foreign attachment, 446 when false affidavit of merits has been filed, or statement made, 446 no costs, if more suits are brought than are necessary,. 446 officer's fees, when garnishee is not cited in to disclose, 447 expenses of suit to settle construction of will,. 447 new trials, ald error,... 447-452 new trials, 447 opening defaults,. 448 verdicts against evidence, 448 new trial of justice suit, for want of notice, 448 motion for new trial, 448 to be completed during the term,. 449 may be corrected by Court of Errors, 449 bill of exceptions by adverse party, 449 writs of error, 449 from City Courts,.449 in justice suits,.449 issue of,. 449 service and return,..... 450 on non-residents, 450 on highway petitions,. 450 motions in error, 450 extending time for filing motions in error and for new trials, 4. 50 joining motions in error and for a new trial, 450 revising decisions of a judge,. 450 appeals from appraisal of damages for public improvements, 450 stay of e:ecution, 451 remanding cause: costs, 451 motions in error in City Courts, 451 practice on reversal of judgment in Supreme Court of Errors, 451 on reversal of judgment in other courts, 451 on affirmance of judgment below, 451 releasing stay of execution, pending writ of error, 452 after judgment on writ of error, 452 execution, 452-466 interest on judgment, 453 form, 453 direction: when returnable,. 454 State taxes; levy by indifferent person, 454 594 INDEX. CIVIL ACTIONS, execution,-continued. PAGE. demand and levy on personal estate: on perishable estate, 454 service on party who has left the State,.. 455 sale, when not at sign-post, 455 adjournment of sale,. 455 sale by deputy,.. 4 55 exemptions, 455 exemption of husband's interest in wife's estate, 456 levy on goods exempt to a certain amount,.. 456 exemptions from foreign attachment, 456 debts for house rent, provisions, clothes, fuel, and board, 456 levy on machinery, furniture, or crops,.. 457 levy of execution against partnership,... 457 executions against voluntary associations,.. 457 against associations for planting oysters,.. -57 levy on stock of corporation,.... 457 sale at auction,.. 457 officer's transfer, 4. 57 cashier or clerk to furnish certificate of stock owned by execution debtor,.... 457 levy onlturnpike and toll-bridges: receivers,.. 458 receivers to give bond,. 458 receivers for different gates,... 458 repairs of road or bridge,. 458 settling receivers' accounts, 459 executions unpaid for six years to be mortgage liens,...... 459 levy on interest of one railroad company in road of another,... 459 levy on body,...... 459 once only on same judgment,. 459 of debtor committed for want of bail, 460 exemption of body from execution,... 460 levy on real estate,...... 460 of a voluntary association, 460 return and record, 460 levy on equity under mortgage of real and personal estate,. 461 on land in different towns, 461 on land, when the town is interested,.. 461 on equity of redemption in different towns,. 461 charge of illegal fees not to vitiate levy, 4.. 61 levy on oyster beds, -.... 461 on leases and franchises,.... 461 under foreign attachment, 46 2 where garnishee is a non-resident,.. 462 where garnishee has left the State,.. 163 scire facias, against non-resident garnishee, 463 founded on a justice judgment, 4 63 INDEX. 595 CIAVIL ACTIONS, execution, —continued. PAGE. staying execution, if debt is due but not payable, 464 defence against scire facias by assignee of debt, or claimant of property attached,. 464 commission to take disclosure,... 464 duration of attachment lien on debt due from a solvent estate,...... 464 on legacies or distributive shares,... 465 on debt due from insolvent estate,.. 465 payment on execution by executor, administrator, or trustee,'... 465 scire facias against executor, administrator, or trustee,. 465 liability on Probate bond,..... 465 death of garnishee,..... 465 payment on execution a discharge to the garnishee,. 465 stay of execution against judgment debtor, who has been factorized,...... 4%36 completion of levy by officer not re-elected,.. 466 entering satisfaction of judgment on record,.. 466 particular rights and forms of action, 466-493 qui-tamz suits,..... 526-529 limitation of civil actions,.. 493-496 ejectment,... 493 abatement of former action by death of defendant,. 494 suits on specialties,.... 494 on simple contracts,.... 494settlement of partnership or joint accounts,.. 494 trespass on the case,..... 494 oral contracts, trespass, and slander,.. 494 scire facias against garnishee, 49-4 forcible entry and detainer,.... 494 penal forfeitures,..... 494 action on bail bond, or bond for costs,... 495 against officers for neglect of duty,.. 495 bastardy process,..... 495 suits against railroad company for loss of life,.. 495 time when defendant is out of the State, excluded,. 495 failure of suit, brought in a representative capacity,. 495 accidental failure of suit,.... 495 writs of error, and petitions for new trials,. 495 survival of action,..... 496 cause of action fraudulently concealed,... 496 pending actions, not to be defeated by this Revision,. 551 CIVIL LAW, rule of decision as to next of kin, 374 CIVIL PROCESS, form and issue,... 396-400 service,..... 401-404 CIVIL RIGHTS,....... xliii, 4 CLAIMS, against communities or public corporations, how sworn to, 90 against State, how proved,... 11 596 INDEX. CLAIMS,-continued. PAGE. see ESTATES OF DECEASED AND INSOLVENT PERSONS. CLAMS, designation of ground for cultivating, 214 taking in New Haven harbor, Morris creek, or off Branford, 217 CLERGYMEN may unite in marriage, when,... 186 CLERKS OF COURTS, powers and duties, 61 may sign civil process, when, 397 orders of notice by,. 410 may take bonds in civil actions, in vacation,.. 431 to enter satisfaction of judgments, 466 fees,. 175, 183 CLOTHING, willful injury to, 504 exemptions from execution,. 455 from foreign attachment, in suits for price of,. 456 COAL, exemption of, from execution, 456 COAST SURVEY, surveyors engaged in, may enter on private property; damages, how paid, 204, 205 injury to monuments, &c., how punished, 205 COCK-FIGHTING,. 517 CODICILS, how executed and attested, 369 revocation of,.. 370 COIN, counterfeiting,. 522 reward for prosecuting counterfeiter,... 543 counterfeit to be seized, 284 COLLATERAL SECURITY, held by corporations, returns and taxation of, 157 of creditor of insolvent estate, 390 COLLATERAL WARRANTIES, abolished, 352 COLLECTORS of town taxes, see TAXATION,. 161 false certificate by, penalty for,. 52 5 COLLEGES, see YALE COLLEGE; MEDICAL COLLEGES. right to subscribe for bank stock, 284 buildings of, willful injury to,.. 500 dissections in; bond from anatomical professors,.. 513 giving credit to minor students in,. 526 COLONY land titles validated,. 3 51 COLORED PERSONS, right to vote, xliii COLUMBIA RESERVOIR, fishing in, 225 COMMERCIAL MANURES, packages to be marked, hlow,. 274 penalty for not marking, 527 COMMISSARY GENERAL, appointment,... 113 duties, 119 COMMISSIONERS, of deeds in other States, &c., appointment; term of office; qualification; powers, 22 of other governments, powers as to depositions, 437 in insolvent estates, disqualifications of, 391 appointment, 388 review of doings of, 390 INDEX. 597 COMMISSIONERS,-continued. PAGE. on insolvent estates, when dispensed with,... 376 proceedings of,.. 391 report,... 389 to decide on payment of rewards,.... 488 COMMISSIONER OF THE SCHOOL FUND, how appointed; term of office; vacancy, how filled; bonds,.. 12 to have care of principal and income of School Fund,. 12 may sell its real estate,..... 12 to keep detailed accounts with each debtor to the Fund,. 12 to take copies of all bonds sent out for collection,.. 13 to make annual returns to Controller and Treasurer;. 13 report to General Assembly,.. 12 biennial inventory for audit,... 13 to have charge of Agricultural College Fund,.. 149 to join in auditing Treasurer's accounts with Fund,. 8 to exhibit claims of Fund against estates in settlement,. 13 to sit on hearing petitions as to Fund, before General Assembly, 80 may appoint two clerks,..... 13 salary,....... 173 salary of clerks,... 173, 174 COMMISSIONERS OF THE SUPERIOR COURT, appointment; term of office; powers,..... 44 clerk's fee, on appointment,.... 175 may sign civil process,..... 397 may take depositions,..... 435 and issue suLbcna,... 435, 436 fees,. 83 COMMISSIONS, from State; style and authentication,.. 1, 22 to take depositions,.... 437 to take disclosures, on a scire fctcias,... 464 on purchases, offering to public agents,... 521 COMMITTEES, appointment of, in civil actions,... 428 reports by,. 428 hearing on report, privileged,. 430 vacancy in, how filled in vacation,.... 429 COMMON, PUBLIC, injury to trees, fences, &c., on,.. 501 towns may lay out,. 86 town, encroachments on, how removed,.. 253 trespass by felling timber on, &c.; action,.. 489 COMMON BARRATOR,. 507 COMMON DRUNKARDS, may be sent to work-house,.. 109 COMMON LANDS, how conveyed,... 356, 357 meetings of proprietors; their powers; clerk,.. 356 meetings; how warned,..... 356 taxation,....... 357 how exchanged for highways,. 357 encroachments on, how removed,... 357 proprietors' committee,.... 357 598 INDEX. COMMON LANDS-,-continued. PAGE. records, how proved,... 439 when to be lodged with town clerk,.. 357 powers of selectmen as to,... 357 trespass by felling timber on; action for,.. 489 COMMON FIELDS, proprietors of may meet, lay taxes, elect officers, &c.,...... 210 non-resident proprietors to have agents,... 212 failure to hold annual meeting, how remedied,.. 278 how constituted and enlarged,... 210 consolidation of,.... 211 division of,...... 211 fences around, how built and maintained,.. 211 fence viewers of,... 211, 212 depasturing animals in,..... 212 particular enclosures in,.. 212 fees of clerks,... 179 rates of poundage,... 212 in first society of Windsor,. 552 COMMUNITIES, meetings, how warned,. 83 how conducted,.. 84 general agents of,.... 90 may sue and be sued,.... 416 service of process on,..... 403 defence by member of,... 417 willful injury to buildings of,... 500 disturbing meeting of,... 510 embezzlement or fraud of officers,.... 524 See BOROUGHS, CITIES, COMMON FIELDS, ECCLESIASTICAL SOCIETIES, PUBLIC CO'RPORATIONS, SCHOOL DISTRICTS, SCHOOL SOCIETIES, TOWNS. COMMUTATION, of capital punishment to imprisonment,. 546 fares on railroads, how changed,.. 330 COMPLAINTS, under Private Acts, and by-laws,.. 423 by grand jurors,..... 531, 532 fees for drawing,... 183 CONCEALING PROPERTY, from levy of legal process,. 490 from representatives of estate in settlement; examination into,.... 393 CONDITION, entry for breach of, by assignee of reversion,. 471 CONDITIONAL SALE, attachment of vendee's interest,.. 407 CONFESSION, of debt, how taken, 3 6 of murder, hearing on,. 498 CONGRESS of the United States, how composed,.. xxix, xliii disqualifications of members,.... xliii may regulate time and manner of choosing its members,. xxx time of meetings,. xxx grant of powers of legislation to,. xxxii, xxxvii restriction of powers of legislation,. xxxiii INDEX. 599 CONGRESS, —continued. may regulate time for election of President,... xxxiv election of senators,...75, 76 election of representatives,..... 76 CONGRESSIONAL DISTRICTS, how constituted,.. 65 CONNECTICUT, see STATE. CONNECTICUT CENTRAL RAILROAD COMPANY, bonds issued in aid of, when not taxable,... 155 CONNECTICUT HISTORICAL SOCIETY, copies of bills, &c., printed by each General Assembly, to be deposited with,... 81 CONNECTICUT HOSPITAL FOR THE INSANE, established at Middletown,...... 96 trustees, appointment and duties,.... 96, 97 commitment to, of one acquitted of crime, because insane,. 536 expenses of,.... 173 superintendent and treasurer,.... 96 admission of patients,. 96, 97 price of board and treatment,.... 97 State aid to patients,..... 97 CONNECTICUT INDUSTRIAL SCHOOL FOR GIRLS, commitments to, how procured,.... 94 alternative sentence,...... 98 form of mittimus,..... 94 commitment of truants to,.... 128 fees on commitment to,..... 184 aiding in escape from,..... 507 discharge of girls from,..... 94 State support of,... 95 indenturing children to,..... 98 religious instruction at,..... 98 binding out girls from,..... 98 CONNECTICUT LAND COMPANY, records of, where kept,. 9 CONNECTICUT NATIONAL GUARD,... 111, 14 CONNECTICUT RIVER, fishing in regulated,... 221 tolls payable to Hartford port warden,... 251 speed of steamers in, off Hartford and Middletown, regulated,....... 252 placing obstructions in,..... 254 CONNECTICUT SOLDIERS' ORPHANS' HOME, aid to orphans at,..... 95 CONNECTICUT VALLEY RAILROAD COMPANY, bonds issued in aid of, when not taxable,... 155 CONNECTICUT WESTERN RAILROAD COMPANY, bonds issued in aid of, when not taxable,... 155 CONSERVATOR, how appointed..... 346 service of application for,..... 347 removal of; vacancies,.... 347 resignation,...... 349 600 INDEX. CONSERVATOR,-continued. PAGE. appointment over non-resident,. 347 over married woman,.... 348 removal of ward from Probate District, 349 return of inventory, and accounts,. 347, 59 to manage ward's estate,. 347 actions by,. 347 sale of ward's real estate,. 347, 395 investment of proceeds,... 347 when ward is a non-resident, 348 when ward is a femze covert,.. 348 notice of application to sell,. 348 may be the purchaser, when,.. 395 may mortgage ward's lands, when, 57 may release mortgage title,... 355 examination of party withholding estate fron,.. 393 to turn over property, if ward dies, or regains his capacity, 343 CONSTABLES, how many to be annually elected,.. 24 disqualifications,.... 34 bonds,...... 32 general powers,..... 33 may command assistance,..... 43 special constables, how appointed,. 33 may arrest without warrant, when,.... 34 direction of civil process to,..... 39 completion of service of process by, out of their precincts,. 411 after their death or removal from office,. 411 not to buy claims to sue on,..... 528 not to serve process before giving bonds,... 422 not to fill up process,..... 422 service of mesne process by,.. 401-411 of final process,.... 454 —4 66 duties in summoning and drawing jurors,... 433 fees,. 179 —181 limitation of time for bringing suits against,.. 49 5 See OFFICERS, SHERIFF, SERVICE OF PROCESS, TO WNS. CONSTITUTION OF CONNECTICUT,. xlv not to impair vested rights,..... liv how amended,...... lv, xlv publication of proposed amendments,... 9 engrossing and record of them,... 81 CONSTITUTION OF THE UNITED STATES,.. xxix how amended,...... xxxvii the supreme law of the land,.. xxxvii oath to support, to be taken by all officers,... xxxvii reservation of the rights of the people,... xli CONSTRUCTION of statutes,..... 553 INDEX. G 01 PAGE. CONTEMPT OF COURT, punishment for; discharge of party committed for, 61 in disobeying writ of hcabeas corpus,. 476 before grand jurors,. 532 CONTINUANCE of civil action, if defendant out of the State,. 419 in justice suit, 420 clerk fees on,...... 17 CONTRACTS, based on illegal sale of liquor, when void... 272 to convey lands, record of,. 354 must be in writing, when, 44:1 CONTRIBUTION, between heirs, devisees, and legatees, 371 bond from devisees, legatees, and heirs, to make, for paying debts,.. 7 between stockholders of joint-stock corporations, 31i4 CONTROLLER, how chosen; to settle all State accounts, li, lvii, 10 majority required to elect, 7. 4 vacancy, how filled, 7. 74 to register all orders on the treasury,... S to draw orders to pay judgments against Treasurer, 8, 11 to prescribe mode of keeping State accounts, 10 general duties, 10, 11 annual report, 10 abstract to be published by Secretary in all newspapers, 9 to provide necessary articles for State offices and General Assembly,. 11 to order all State printing,. 11 to require items of claim for contingent expenses of General Assembly, 11 to require certificate of State officers to claims for services, 11 to charge all receivers of public moneys therewith, 11 to call clerks of courts to account, 11 may inspect papers in any public office,... to pay all moneys recovered to the Treasurer, 10 not to grant orders for wages, till earned, 11 to settle accounts of School Fund with the Treasurer, 13 to draw orders for school moneys due from School Fund,. 1 to apportion expenses of Railroad Commissioners among the railroad companies,. 16 to apportion salaries of Bank Commissioners among banks, &c.,....... 287 duties as to canvass of returns of elections, xlix, li, 73, 75, 76, 77 to be one of Board of Equalization, 160 to sit in hearing petitions to General Assembly as to School Fund,... 80 to keep surplus copies of documents printed for use of the Assembly, 1. 1 to draw orders for military expenses, 119, 122 to apportion and draw orders for school moneys, in favor of town treasurers, 144 602 INDEX. CONTROLLER,-continued. PAGE. in favor of school societies under Act of 1855,. 131 duties as to support of State paupers,. 201, 202 as to re-imbursing towns for support of foreign paupers, 201 to register and cancel railroad bonds,... 332 salary,....... 173 salaries of clerks,.... 173, 174 CONVENTIONS, educational, may be organized by State Board of Education,...... 15 expenses not to exceed three thousand dollars a year,. 15 CONVEYANCES, fraudulent,.... 345, 346 *by insolvent debtors, when voidable,... 378 of lands, how executed,..... 352 how recorded,.. 353 under power of attorney,.... 353 under testamentary pdwer,... 355 by person disseised,... 353 by personal representatives,.... 355 by guardian,. 59, 355 by conservators,..... 347 CONVICTION, second, punishment on,... 540 collusive, no bar to second,... 545 CONVICTS, importation of foreign,... 518 COPARCENERS, action of account between,... 467 partition between,.... 480, 481 sale of estate, by order of court,.. 481 COPIES of lost deeds, record of,.... 354 See EVIDENCE. COPYING, see FOREIGN ATTACHMENT,..34 7 CORONERS' INQUESTS, how held; penalty for neglect to attend, 205 attendance of witnesses, how compelled,.. 205 jury, when to consist of six,... 206 fees in such cases,..... 181 CORPORATIONS, adoption of Constitution not to affect existing charters,....... liv public corporations, s83-1 charters or amendments to charters, notice of petitions for,....... 79 suits by and against,.... 416 suits on securities taken to officers,.. 417 defence in, by members of,... 417 joinder in appeals from municipal assessments,. 280 right of charitable, to subscribe for bank stock,. 284 devise or legacy to, notice of,... 371 records of, evidence from,... 438 willful injury to buildings of,... 500 fraud or embezzlement by agent or sub-agent,. 524 See TOWVNS, CITIES, BOROUGHS, ECCLESIASTICAL SOCIETY, SCHOOL DISTRICT, SCHOOL SOCIETY. INDEX. 603 CORPORATIONS,-continued. PAGE. private corporations,.. 277 —342 how organized under general laws, 277 corporate name,.. 277 without any capital,.... 277 charters pleadable as if Public Acts,... 423 charters, when subject to repeal,.. 278 amendments to charters, to be accepted, how,.. 278 stock, how transferred; lien of corporation on,. 279 how pledged,..... 279 subscriptions to stock, not made in good faith,. 278 assessments on stock,..... 279 taxes by corporation on stock,. 280 stock votes,...... 279 failure to hold annual meeting, how remedied,. 278, 279 right of charitable, to subscribe for bank stock,. 284 majority of directors, a quorum,... 279 limitation of rate of dividends,.... 280 liability of directors voting for, when capital is impaired,..... 280 reports to General Assembly, when to be sent in,. 280 annual returns to town clerk,.... 280 attachment of stock in,. 402 certificate of dissolution of attachment,. 407 levy of execution on,.... 457 information to be given to attaching croditors of stockholders,..... 280, 402 service of mesne process on,.... 403 service of foreign attachment on,.. 403 suits by and against,.... 416 on securities taken to officers of,.. 417 quo warranto against,..... 482 mandamus against, by stockholder,.. 480 assignment in insolvency by,.... 379 trustee in insolvency may call in unpaid capital,. 383 conveyances to or by, how attested and acknowledged, 353 -execution of deed, when there is no corporate seal,. 438 devise or legacy to, notice of,.... 371 fraud or embezzlement by agent or sub-agent,.. 524 taxation of,.. 156 returns by cashier or secretary to Controller of nonresident stockholders,.... 167 lien on stock for taxes paid,.... 168 winding up, on stockholders' petition,... 281 on petition of corporation,... 281 receivers of; powers,..... 482 appointment in vacation,... 483 removal; vacancies.... 483 bonds,.... 483 604 INDEX. CORPORATIONS, private corporations,-continued. PAGE. foreign, actions by, where brought,.. 415 See AGRICULTTURAL SOCIETIES, BANKS AND TRUST COMPANIES, SAVINGS BANKS, BURYING-GROUNDS, ECCLESIASTICAL SOCIETY, EXPRESS COMPANIES, INSURANCE COMPANIES, JOINT STOCK COMPANIES, RAILROAD COMPANIES, TELEGRAPH COMAPANIES. CORPSES, not to be removed from town, without permit,. 29 of paupers, may be used for dissection, when and how,. 150 of State prison convicts, &c., may be dissected at Yale College,....... 151 depth of graves for,..... 513 disinterring to dissect, &c.,..... 513 post mortemz examinations, when at public expense,.. 542 CORRUPTING PUBLIC OFFICERS, how punished,.. 507 CORRUPTING watercourse or reservoir,... 504, 513 COSTS. in civil actions, bonds for,..... 397, 43i from defendant in replevin,.... 487 clerks' fees,..... 175-178 fees of parties,...... 177 jury, judgment and continuance fees,... 175 in amicable suits,..... 469 for maps,...... 178 on nonsuit, or withdrawal of action,.. 418, 446 on amendments,.... 426, 427 plaintiff's costs, when not to exceed damages,.. 445 for service of process by indifferent person,.. 446 of application to dissolve an injunction,.. 446 on justice appeals,..... 446 on suit on original demand, pending a foreign attachment,...... 446 for sham defence,..... 446 when more suits are brought than are necessary,. 446 officer's fees, when garnishee is not cited in to disclose, 447 expenses of suit to settle construction of will,.. 447 on flowage petitions,.... 473, 474 in action by or against husband and wife,.. 418 claim for, privileged in case of insolvency,.. 383 bonds for prosecution,..... 397 form of,....... 398 may be taken in vacation,... 431 nonsuit for want of,..... 431 in proceedings in error,... 451 in criminal prosecutions,.. court and jury fees,.... 175 INDEX. 6.05 COSTS, in criminal prosecutions, —continued. PAGE. clerks' fees,....175 State's Attorney's fees,.... 176 grand jurors' fees,.... 177, 178 physicians' fees,..... 177 for an analysis of liquors by State Chemist,.. 174 expenses for witnesses and papers procured from out of the State, how paid,. 541 costs on appeals and binding over, how paid,.. 541 expenses of requisitions, how paid,... 541 costs of prosecution, by whom to be paid,.. 541 orders for costs on town treasurer,... 542 pendency of more than one complaint, &c.,.. 542 costs, how paid, on escape of accused,... 542 witnesses for accused at State expense, when,.. 542 allowance for defending accused,... 542 attorney fee taxed against accused,... 542 when and how many keepers allowed,.. 542 fees before justices,..... 542 Supreme Court to make rules, &c.,... 542 expenses not provided for, how taxed and paid,. 542 appeal may be vacated by appellant, when,.. 542 support of prisoners after sentence,... 542 fees for post mortem examinations,... 542 State's Attorney fees for certifying bills, and drafts therefor,...... 543 payments by Treasurer of bills of cost,... 543 on appeal or binding over, none to be paid unless copies are sent up in ten days,... 535 of coroner's Inquests,..... 181 in Probate Court,.... 183, 184 in proceedings in involuntary insolvency,.. 381 limitation of time for suing bond for,... 495 COTTON THREAD, to be labeled with weight or length,. 274 penalty for not doing so,.. 521 COURNSEL, allowed to defend in U. S. criminal trials,.. xli only one to argue on a side on justice appeals; hour rule,. 61 not to argue interlocutory questions, unless, &c.,.. 61 for accused, in criminal cases; fees, how taxed,.. 542 COUNTERFEIT BANK-BILLS, to be stamped as such,.. 284 coin to be seized by bank cashiers,. 284 COUNTERFEITING, punishment of,.... 522 public seal,....... 507 trade-mark or label,...... 523 public securities, or currency,.... 523 reward for prosecuting for,.. 543 double damages for,...... 445 COUNTIES, how constituted,..... 1, 2 actions,...... 417 41 606 INDEX. COUNTIES,-continued. PAGE. summary process, 492 accounts to be annually audited, 23 to build and maintain court houses and jails, 167 may take lands for site of county buildings, 87 injury to buildings of, 500 forfeitures to, 527, 528 how collected, 530 taxation in,. 166, 167 COUNTY AGRICULTURAL SOCIETIES, 282, 283 COUNTY COMMISSIONERS, appointment- term of office; vacancies, how filled, 22 general powers,.... 23 orders of notice by,. 410 to appoint county treasurer,. 23 to file in Court, and publish annual statement of county finances,. 23, 105 penalty for neglect,. 23 powers as to levy of county taxes, 166 to provide accommodations for Superior Court and Court of Common Pleas,.. 62 power as to collection of funds for building or maintaining court houses and jails, 166 proceedings to take land for county purposes,.. 87 power as to providing safe or vault for Probate records,. 57, 58 powers as to location of telegraph posts, &c.,.. 341 to sit on review of doings of commissioners in insolvency,. 390 to sit on review of proceeding to take poor debtor's oath,. 107 may bring summary process,. 492 may take bail in criminal cases, 535 to regulate duties and pay of jailers,... 104 to employ chaplains at jails,. 104 to provide necessaries for prisoners,... 104, 105 to furnish them work, and appoint inspectors,.. 105 to transfer prisoners from one jail to another, when, 107 to make annual returns as to jails and county finances,. 105 penalty for neglect,...... 105 to designate jail liberties,..... 105 may assess damages for land taken by Coast Survey parties, 204, 205 to license liquor dealers,..... 268 fees,. 178 COUNTY COURTS, records to be kept, amended, and certified to by clerks of Superior Court,.... 44 COUNTY TREASURER, appointment; bonds; duties; accounts, and their audit,...... 23 to pay for necessaries for jails,... 104 annual returns concerning,.... 105 duties as to county standards of weights and measures,. 272 COURT, issues closed to,.. 428, 442 INDEX. 607 COURT,-continued. PAGE. how tried,...... 444 special finding of facts,... 444 charge to jury,...... 442 returning jury to second and third consideration,.. 443 trial of criminal cause to the court,. 537 see CIVIL ACTIONS, COURTS, AND JUDGE. COURT-HOUSES, counties to build and maintain,. 167 COURT-MARTIAL, organization and powers,... 122 oath of members,...... 550 see MILITIA. COURT OF COMMON PLEAS, in what counties established,. 37 jurisdiction,...... 413-41 5 in New Haven County,. 413 appeals to,....... 415 terms: adjournments from one shire town to another,. 37 rules of practice: time for closing pleadings,.. 38 service and return of process before,... 401 may reserve case for advice of Supreme Court,.. 430 jury terms,....... 39 jury trial, waived unless claimed at first term,.. 38 disposition of cases in New London county, and length of terms there,..... 38 causes to be tried in their order on the docket,.. 38 what officers to attend court; their fees,... 39 accommodations for, how provided, and attendance of officers at,....... 62 at Stamford,.... 38 if the judge cannot hold any term, judge of Superior Court may act,....... 39 if the judge cannot try any particular case, any judge of Common Pleas, District, or City Court may act,.... 39 pay of judge of City Court for so acting, 174 judge to sit with Probate Judge at his request,.. 54 to try cases of forcible entry and detainer,.. 474 may issue writ of habeas corpus,... 476 and mandamus,.. 4 79 salaries of judges,...... 174 clerks, how appointed; assistant clerks; their duties,. 38, 61 bonds,.... 61 to account to Controller for all fees due State,. 12 representatives of deceased clerk to account,. 12 fees of,...... 175 new trials and error,... 447-452 COURT OF PROBATE, see PROBATE, COURT OF,.. 48 COURTS,....... 35 to be open,....... xlvi inferior may be established by General Assembly,.. lii 608 INDEX. COURTS,-continued. PAGE. duties of clerks,.o 61 Supreme Court of Errors,. 45 Superior Court,.... 40 Court of Common Pleas and District Court, 37 Probate Courts,. 48 justice courts,. 36 orders of notice by,. 410 may make rules as to pleadings, 423 records, how amended,. 61 power to punish for contempts, 61 embezzlement by officers of,. 525 inferior, writ of prohibition against,... 481 see CIVIL ACTIONS, CITY COURT, COURT OF COMMON PLEAS, CRIMINAL PROSECUTIONS, DISTRICT COURT, JUSTICE OF THE PEACE, PROBATE, COURT OF, SUPERIOR COURT, SUPREME COURT OF ERRORS. COrW, exempt from execution,.... 455 CRANBERRIES, willfully carrying away,... 504 CREDIT, sales on, to College students,. 526 of property of insolvent estate, 383 CREDITORS, insolvent proceedings by,. 379 defence by to action,... 418 CREEPING FERN, willful trespass as to,.... 504 CRIMES,. 497-531 offences against the sovereignty of the state, 497 treason,. 497 misprison of treason,..... 497 aiding, assisting or corresponding with enemies,. 497 offences against the person,.. 498-506 degrees of murder: requisites of indictment for, 498 homicide, when punished by death,... 498 homicide or injuries to person, when punished by imprisonment for life,..... 498 manslaughter,. 498 loss of life, &c., by intoxication of servants of railroad company,. 498 assault or poisoning, with intent to murder,. 499 maiming with intent to disfigure,... 499 robbery or burglary with personal abuse, 499 abuse of female child,.. 499 assault with intent to commit a rape,... 499 robbery,.. 499 assault with intent to rob,. 499 kidnapping child,..... 499 attempt to procure miscarriage, or abortion, 499 procuring miscarriage or abortion,... 499 encouraging the commission of said offences, 499 INDEX. 609 CRIMES, offences against the person,-continued. PAGE. falsely representing a free person to owe service,. 499 exposing a child with intent to abandon it, 500 kidnapping free persons, 500 publishing fictitious notice of birth, marriage or death, 500 malicious prosecution, 500 offences against public property, 5. 00, 501 destroying magazines or public stores,. 500 attempt to destroy them, 500 injuries to public buildings or furniture, 500 to military property of the State,. 118 to bridges, 500 taking shell-fish from bridges,. 501 injury to trees on public squares, 501 malicious injury to public property in highways or parks, 501 tearing down notices, 501 malicious injury to books, &c., of a public library, 501 justices omitting to make returns to town treasurer, 501 offences against private property, 501-506 placing obstructions on railroads,... 502 injury to electric signals on railroads,. 502 arson, 502 burning vessel or building, 502 burning barn, stable or cattle house, 502 burglary,. 502 breaking store or out-house with intent to commit theft, &c., 502 breaking in the day time with intent to steal,. 503 attempting to break in, 503 breaking building in day time, and frightening person, 503 injuries to buildings, 503 horse and mule stealing, 503 stealing from the person, 503 simple theft, 503 receiving stolen goods,. 503 stealing poultry,. 503 trespass on cultivated lands, 503 corrupting water, 504 leaving poison exposed,... 504 defacing clothing, vessel, or building,. 504 setting woods, or grain on fire,. 504 injuries to bridge, 504 to fire engine or house, 504 to mill, mill-dam or hydraulic works,. 504 to machinery, 504 to domestic animals, 504 to goods in factory, 504 to trees, fences, plants, &c., 504 unhitching horse, e. 504 610 INDEX. PAGE. CRIMES, offences against private property,-continued. injury to guide-post or mile-stone,... 504 to cemetery or monument,... 504 to canals,..... 504 using horse or boat without permission,.. 504 letting out cattle, &c.,..... 505 shooting or throwing missiles at railroad trains,. 505 injuring railroad engine or car,. 505 nuisances on railroad tracks, or in depots,.. 505 on railroad bridges,..,. 505 cutting trees, &c., on lands of another,.. 505 taking wood from land of Indians,... 505 injuries to telegraphs,..... 505 to works of gas companies,.. 505 painting or printing on property of another,.. 505 fast riding or driving across bridge,... 506 violation of preceding sections, how prosecuted,. 506 reckless injury to personal baggage,... 506 eloigning apprentices,..... 506 offences against public justice, 506-508 perjury and subornation of perjury,... 506 bribery,. 507 taking away or altering records, &c.: counterfeiting public seals,...... 507 effecting escape of prisoner from State prison,. 507 breaking jail,..... 507 assisting in escape from Industrial or Reform Schools, 507 resistance to officers,..... 507 common barrator,..... 507 furnishing prisoners with liquor,... 507 jurors conversing with others,... 507 offences against the public peace, 508-510 challenge or delivering challenge to a duel,.. 508 riotous assembly, how dispersed,... 508 obstructing proclamation, and not dispersing,.. 508 magistrates, &c., not to be punished for injuries done in suppressing riot,..... 509 obstructing travel by loitering on highways, &c.,. 509 disturbance of public meetings,... 509 of schools,. 509 prize fight,..... 509 aiding, &c., in prize fight,.... 509 breach of the peace, &c.,... 509 blasting in New Haven, without license,.. 509 shooting off fire-arms in cities,. 509 discharging cannon at military school,... 510 using fire-crackers,.... 510 using threats or intimidation to workmen,.. 510 disturbance of meetings,.... 510 INDEX. 611 PAGE. CRIMES, offences against the public peace,-continued. refusing assistance, when commanded,... 510 offences against chastity,. 510-512 bestiality and sodomy,.. 510 adultery and bigamy,. 510 incest,.... 511 seduction,... 511 fornication and lascivious carriage,.. 511 keeping a house of ill-fame or disorderly house,. 511 frequenting a house of ill-fame,... 511 renting tenements for houses of ill-fame or gaming,. 511 acting as servant in house of ill-fame,.. 512 secret delivery of a bastard,... 522 concealment of birth of bastard,.. 522 offences against decency and morality, 512-514 blasphemy,..... 512 profane cursing and swearing,.. 512 obscene publications,... 512 distributing obscene books in families or schools, &c.,. 513 indecent exposure, &c., e. 514 intoxication,.... 515 burials in too shallow graves,... 513 unlawful disinterments,... 513 delivering or receiving corpses for speculation, 513 dissections,..... 513 damage done in burial grounds,.. 513 peddlers near camp-meetings,.. * 514 cruelty to animals,... 514 their transportation by rail,... 514 forfeitures, how disposed of,. 514 offences against public policy,.. 515-521 disobeying orders of Board of Agriculture,. - 515 selling diseased meat,. 515 issuing circulating currency,... 515 lotteries,.... 516 sale of lottery tickets,. 516 drawing lotteries,. 516 sale of prize packages to minors,. 516 horse-racing,. e. 516 accessories; stake-holders,.. 516 forfeiture for horse-racing,. 516 gambling on railroad trains or steamboats,. 517 gaming,. 517 keeping or frequenting gambling houses,.. 517 faro banks,. 517 persons not excused from testifying in gambling cases, 517 keeping billiard tables for gaming,.. 517 recognizance for good behavior,... 517 fighting-cocks, &c., e 517 612 INDEX. CRIMES, offences against public policy,-continued. PAGE. being present at cock-fight,.. 517 circus exhibitions,... 517 joining persons in marriage, without authority,. 518 auction sales by unlicensed persons, in cities or boroughs, 518 unlawful exhibitions near fair grounds,. 518 junk dealers trading illegally,. 518 importing foreign convicts,... 518 wagers on election,. 518 bribery at elections; offering colored ballots,.. 518 influencing voters by threats, &c.,... 518 frauds, &c., by election officers,... 519 preventing vote from getting into ballot-box,.. 519 fraudulently abstracting or intermingling votes,. 519 fraudulent registry as an elector,... 519 voting under assumed name,.... 519 illegal voting at electors' meeting,... 519 at town meetings,... 519 neglect of town officer to perform his duties,.. 519 neglect of town clerk,..... 519 false returns or statements to or, by selectmen, as enrolling officers,..... 113 loaning funds of savings bank on one name paper,. 519 neglect of savings bank officers to make proper returns, 519 officer of a savings bank consenting to taking illegal interest, or investing in railroad securities,.. 520 sale of intoxicating liquor, without license,.. 520 selling to a minor or drunkard,. 520 illegally keeping liquor for sale,... 520 keeping liquor saloon open after midnight,.. 520 neglect to prosecute, &c., how punished,.. 520 jurisdiction of prosecutions,.... 520 manufacturing or selling adulterated liquor.. 520 closing liquor saloons on election days,... 520 who to prosecute for illegal sales,... 521 hunting rabbits with ferrets,.... 521 sale of property by lot or chance,... 521 commissions to agent of State, or of public corporation, 521 refusing to have steam boilers inspected,.. 521 using steam boilers, after use forbidden,.. 521 having or removing nitro-glycerine, &c., unmarked,. 521 mixing naphtha or keeping dangerous oils, &c., for sale, 521 Sunday, secular business or recreation on forbidden,. 521 public amusements on,.. 522 limitation of prosecutions,... 522 keeping gambling or liquor saloon open on,. 522 jurisdiction of prosecutions,... 522 letting vehicles on Sunday,... 522 Jews not liable for violation of Sunday laws). 522 INDEX. 613 CRIMES, offences against public policy, continued. PAGE. neglect to instruct children,. 127 forgery and counterfeiting, 522, 523 forgery,. 522 forging or counterfeiting stamps or labels, 522 counterfeiting coin, bank-bills, or securities, 523 frauds and false pretences, 523-525 embezzlement by agents, 524 by public officers, 524 by sub-agent of corporation, 524 by bailee, 524 by magistrate or court officer, 525 frauds as to consumption or sale of gas, 524 upon life or accident insurance companies, 524 upon inn keepers, boarding-house keepers, &c.,. 525 in evading payment of railroad and steamboat fare, 525 hiring or using horse under false representations, 525 false certificates by tax collectors, 525 by selectmen as to taxes abated, 525 obtaining goods by false pretences, 525 qui tam suits, and forfeitures,. 526-530 towns omitting to appoint assessors, &c., 526 refusing to erect guide posts, 526 transporting wild animals, 526 giving credit to minor students, 526 selling commercial manures unmarked, &c., 527 omitting to affix label or stamp to cotton thread, or selling thread falsely labeled, 527 neglect of railroad companies to provide water closets, 527 violation of nuisance laws, 527 what penalties payable to State, 527 imported shad not to be inspected, 527 maintenance, 527 violation of inspection laws, 527 altering contents of cask after inspection,.. 527 exporting fish without inspection,... 527 selectmen not erecting pounds,. 528 to whom penalties of five preceding sections are payable, 528 towns neglecting to appoint grand jurors, 528 theatrical exhibitions, 528 mountebanks, &c.,. 528 permitting such exhibitions in one's house, 528 removal of stone on common shore, 528 neglect of moderator of town meetings to make returns, 528 of duty by grand juror, 528 of weigher, &c.,. 528 violating rules for restraining dogs, 528 rescuing animals going to, or in pound, 528 614 INDEX. CRIMES, qui-tam suits, and forfeitures, —continued. PAGE. refusal to remove gunpowder,.... 529 assessors receiving lists, not made according to law, 529 to whom penalties of eleven preceding sections are payable,. 529 executor neglecting to prove the will or refuse the trust, 529 neglect to summon or attend a jury of inquest,. 529 using umstamped weights or measures,.. 529 illegal voting in agricultural societies,.. 529 misconduct of registrars of voters,.. 529 assessors omitting to return a sworn list,. 529 assessors refusing to act,.... 529 refusal to discharge duties of town office,.. 529 neglect to cut Canada thistles,... 530 selling thistle seed,..... 530 selling domestic sewing silk, by short skeins,.. 530 neglect by railroad company to transport milk, on equal terms for all,. 530 to whom penalties under four preceding sections are payable,...... 530 neglect to erect sign posts,. 530 voting without right in religious societies,. 530 neglect of railroad company to give freight receipts,. 530 State's Attorney to collect State and county forfeitures, 530 CRIMINAL PROSECUTIONS,... 531-546 constitutional provisions,... xlvi mode of trial; witnesses; jury,.... xlvi bail,....... xlvi grand jury in capital cases,.... xlvi informing officers,.... 531-532 original information in Superior Court, for petty offences, 531 complaints to be made by grand jurors,.. 531 grand jurors may administer oaths, when,.. 531 meetings of grand jurors to inquire into offences, &c.,. 531 grand jurors may punish for contempt,.. 532 complaint or information may be filed, when,.. 532 may prosecute in qui-tam suits,. 532 complaints for violation of election laws,.. 532 Police and City Courts, and justices of the peace,..... 532-535 jurisdiction of justices,..... 532 their duties,...... 532 jurisdiction of offences on cars or steamboats,.. 532 judgment on view,.. 532 justice may issue process to be served anywhere in the State,. 533 search warrants in case of cruelty to animals,.. 533 justice may punish or bind over, when,.. 533 limitation of final jurisdiction of justices,.. 533 INDEX. 615 CRIMINAL PROSECUTIONS, Police and City Courts -and justices of the peace,-continued. PAGE. binding over by justices, 533 sureties of the peace, when required, 534 bonds on adjournments, before justice, Police, or City Court, 534 copies on appeals and binding over to be transmitted within ten days, 535 imprisonment in work-house, 535 bail, 535 how taken when person is confined in jail, 535 surrender of principal,. 535 jurisdiction and powers of the Superior Court, and its judges, 536, 537 jurisdiction of Superior Court,. 536 priority for trial of certain appeals, 536 grand jury, when required, 536 insane convicts, how disposed of, 536 application for enlargement of an insane person, how made, 537 houses used for printing obscene books, or for gaming: search warrants and seizures, 537 destruction of the articles seized,. 537 trial, and proceedings after conviction, 537-540 venue,. 537 change of venue, 538 clerk to transmit files in transferred cases,.. 538 capital offences to be tried before two judges,.. 538 peremptory challenge of jurors, 538 testimony necessary to convict in capital cases,. 538 husband or wife of accused, a competent witness, 538 evidence in prosecutions for stealing bank-bills, 538 depositions, when and before whom taken, 538 pleading over, after demurrer overruled,.. 539 accused to have closing turn, 539 charge to the jury, 5..39 sentence to State prison, how pronounced, 539 to work-house, 109, 110 alternative, to work-house or jail,.. 110 minors; sentence in alternative, 539 to reformatory school or imprisonment, 93, 98 notice to warden of sentence to State prison, 539 new trials and error, 539 in capital cases,. 539 order of execution, on affirming judgment, 539 commitments to State prison, how made, 540 capital punishment, how inflicted, 540 expenses of, how paid, 540 common law offences, punishment for,. 540 616 INDEX. CRIMINAL PROSECUTIONS, trial, and proceedings after conviction, —continued. PAGE. punishment on second conviction,... 540 discharge of prisoners,. 540 costs,...... 541-543 expense of procuring witnesses and papers out of the State, how paid,.... 541 costs on appeals and binding over, how paid,.. 551 expenses of requisitions,. 541 costs of prosecution, by whom to be paid, &c.,.. 541 orders for costs on town treasurer,... 542 pendency of more than one complaint, &c.,.. 542 costs of prosecution, when accused is not arrested,. 542 witnesses for accused at State expense, when, 542 allowance for defending accused,... 542 attorney fee taxed against accused,... 542 when and how many keepers allowed,... 542 fees before justices,..... 542 Supreme Court to make rules, &c.,... 542 expenses not provided for, how taxed and paid,. 542 appeal may be vacated by appellant, when,.. 542 support of prisoners after sentence,... 542 fees for post mortem examinations,... 542 State's Attorney's fees for certifying bills, and drafts therefor,...... 543 payment by Treasurer of bills of cost,... 543 rewards,....... 543 in capital cases,. 543 in case of violation of graves,. 543 selectmen authorized to offer,.... 543 reward for discovery of forgers, &c.,... 543 executive requisitions, 544 governor may appoint agents to retake fugitives,. 544 State's Attorney, &c., to investigate application,. 544 proceedings on requisition on the Governor,.. 544 conveyance through this State of fugitives apprehended in other States,.... 544 limitation of actions, -... 545 of prosecutions,. 545 of petitions for new trial and writs of error,.. 545 general provisions, 545, 546 bonds not to be discharged for informality,.. 545 effect of repeal of penal statute,... 545 accessories, how punished,.... 545 acquittal or conviction, no bar, when,... 545 what sufficient description of ownership of property,. 546 exhibitions, how regulated,.... 546 witnesses for prosecutions of unlawful exhibitions protected,..... 546 INDEX. 617 PAGE. CRIMINAL PROSECUTIONS, general provisions,-continued. towns and boroughs may provide lock-up,.. 546 copies of Acts commuting punishment, to be sent to jailers, &c.,...... 546 fines, how disposed of,..... 546 when punishment to be in jail,... 546 jurisdictions for crimes on waters,... 546 pending prosecutions, not to be defeated by this Revision,...... 551 nor by any repeal of a statute, unless so provided,. 545 under United States laws, grand jury,...... xl two prosecutions for same crime forbidden,.. xl accused not to be forced to criminate himself,.. xl trial by jury; witnesses, and counsel,... xli CROPS, attachment of,...... 404 judgment for trespass to: commitment to work-house,. 489 willful trespass as to,..... 504 CROSS-BILL, notice of,...... 429 CROSS-WALKS, horse railroad companies to construct,.. 339 willful injury to,...... 501 CRUELTY TO ANIMALS, what is, and how punished,.. 514 search warrant, on complaint for,.... 533 CURBING, willful injury to,..... 501 CURRENCY, circulating, issuing unlawfully,... 515 counterfeiting,...... 523 reward for prosecuting counterfeiters,... 543 CURSING, profane, how punished,.... 512 conviction of, on view,..... 532 DAMS, unlawful, a nuisance,..... 253 across creeks for oyster ponds,.... 215 to utilize low lands, how permitted,. 263 flowing highways by,..... 234 right of instituting proceedings, under Flowage Act,. 472 hearing by committee, and report,.... 472 no interference with existing mills,.... 473 action of court on report,..... 473 jury to re-assess damages,..... 473 objections to,doings of jury,. 473 costs of re-assessment,..... 473 assessment final, if paid within sixty days,... 474 costs of petition,...... 474 failure to pay assessment, how far a bar to a second petition, 474 DAMAGES, to be paid for taking land for public use, under U. S. Constitution,... xli under State Constitution,.... xlvi municipal assessments for, appeals from, how taken,. 91 618 INDEX. DAMAGES,-continued. PAGE. municipal assessments for, joinder of appellants,. 280 correction of errors in,. 91 against estate of deceased person,... 91 for milling purposes,.. 472-474 on lay-out of town highways or private ways,. 236, 238 re-assessment by jury,.... 237, 238 for changing grade of highway,... 236 payment, how enforced,.... 239 when highway is never opened,. 240 for taking land for railway purposes,.. 317, 321, 322 for construction of telegraph lines,... 341 on protest of foreign bill,..... 344 interest, what rate allowable as,.... 551 damages on penal bonds,..... 444 where libel is published, without malice in fact,.. 445 double damages for forgery,. 445 treble damages for theft,..... 445 for injury to bridge,. 445 for injury to monument or railing on highway, 445 for vexatious suits,.... 445 for forcible entry or detainer,.. 475 for injury causing death, how recovered and distributed, 421, 422 raising demand of, by amending declaration in justice appeals, 416 DAY'S WORK, eight hours a legal,.... 194 DEAF AND DUMB PERSONS, returns of by selectmen,. 25 DEATH, not to abatb suit, when,.... 421, 422 of defendant in scire facias against garnishee,.. 465 in ejectment; statute of limitations,.. 494 survival of actions for causing,... 421, 422 when caused by negligence of railroad company,.. 488 distribution of damages recovered for causing,. 422, 488 limitation of time for suing railroad company,.. 495 penalty of,...... 498, 540 publishing false notice of,..... 500 pretence of. to defraud insurance company,.. 524 DEATHS, registration of, under municipal by-law,.. 86 under State law,... 28 certificate of, to be returned to registrars,... 29 DEBATES, in Congress, members not to be questioned for,. xxxi in General Assembly, members not to be questioned for,. xlix to be public,.... xlix DEBT, imprisonment for, not to be allowed,... 460 fraudulently contracted, action for,.... 490 limitation of time for bringing actions of,... 494 DECEASED PERSONS, municipal assessments against real estate of, 91 DECEASED PERSONS, ESTATES OF, 368-377; 387-395 testate estates, wills, who may make,.... 368-371 INDEX. 619 PAGE. DECEASED PERSONS, ESTATES OF, testate estates,-cont'd. operation on after acquired lands,... 368 how executed and attested,.. 369 legacy to witnesses, void,.... 369 revocation,... 370 legacies, when chargeable on lands,... 370 contribution between devisees and legatees, 371 provision against lapses,.... 370 proof of will, out of court,.... 370 executors to present will for probate, 370 bonds from executor,. 370, 392 administrator, appointed when,.... 371 wills of non-residents, where proved,... 370 wills to be proved, within what time,... 371 notice of bequest to corporation or association,. 371 executor to have possession of the real estate,.. 392 sale of real estate, by order of Probate,. 371, 394 executor may be the purchaser, when,... 395 foreign attachment of legacy,... 397, 465 appointment of distributors,.... 371 distribution of life estate in chattels,... 371 when life tenant may hold estate, on giving bonds to remainder-man,.... 371 intestate estate,.... 372-375 administration, when and how granted,. 372 within what time granted,.. 372 administrator to give bonds,.... 372 to give further bonds, when required,. 392 to have possession of the real estate,... 392 imay apply for its sale, when,... 394 may be the purchaser, when,.... 395 appointment of distributors,.. 372 distribution by consent,.... 372 mode of distribution,.... 372, 373 where intestate is a minor,.... 374 share of minor, dying before distribution,. 373 ancestral estate,..... 373, 374 land subject to dower,..... 374 distributees to give bonds to pay debts,.. 374 distribution of land held under different titles,.. 374 of estate partly testate,... 374 of avails of sale of minor's land,.. 374 foreign attachment of distributive share,. 397, 465 solvent estates, testate and intestate, inventory and appraisal,.... 387 of estate out of the State,... 388 forfeiture for not returning,... 387 limitation of time for proving claims,... 388 in case of non-residents... 388 620 INDEX. DECEASED PERSONS, ESTATES OF, solvent estates, testate and in testate, —continued. PAGE. limitation of time for suing executor, &c.,.. 388 administration account, 393 executor or administrator, removal of,.. 392 resignation of,.. 391 examination of party concealing estate,.. 393 dower,...... 376, 377 settlement, in lieu of,. 377 sale of equity of redemption, free of,... 394 insolvent estates, testate or intestate,. 375, 376 what estates may be deemed insolvent,... 375 inventory and appraisal,... 387, 388 notice of hearing on appointment of commissioners,. 388 limitation of time for proving claims,... 389 what claims provable,.... 389 re-opening commission,. 389 rights of creditors, where estate proves solvent, 375, 376 if new estate is discovered,.. 389 if non-residents,... 376 when received,... 390 when one commissioner may act alone,... 391 appointment of third commissioner,... 391 removal, and disqualifications of commissioners,. 391 suits for claims barred by insolvency,... 375 claims on judgments,..... 375 judgments not to merge claim, when,... 390 report of commissioners,.... 389 notice of disallowance of claim,.... 391 review of their doings,. 390 appeal from their doings,.... 390 trial of appeal by auditors,.... 391 appeals, privileged in order of trial,... 430 widow to receive what,.... 375, 391 support of family pending settlement of estate,. 391 sale of property,..... 375, 394 account of sales,...... 375 administration account,. 393 order of payment of claims and charges,.. 376 executor or administrator, resignation of,.. 391 removal of,.. 392 settlement of estate insufficient to pay any debts,. 376 foreign attachment of claim against. 397 examination of party concealing estate,.. 393 dower,...... 376, 377 provision by will, in lieu of,... 377 settlement, in lieu of,..... 377 sale of equity of redemption, free of dower,.. 394 representatives and creditors of, suits against,. 410 INDEX. 621 PAGTE. DECEASED PERSONS, ESTATES OF, represent atives,-co nt'ecl. evidence from books, in suits by or against representatives, 439 see ADMINISTRATOR, BODIES OF DECEASED PERSONS, DEATH, EXECUTOR, ESTATES OF DECEASED PERSONS. DECLARATION, style of,.... 396 joinder of counts,.... 423 amendments of,..... 126i DECLARATION OF INDEPENDENCE,... xxv DECLARATION OF RIGHTS,... xv DECREE IN EQUITY, to show the facts found,. 444 rendered by default, how opened,. 448 passing title to real estate,.. 480, 481'DEEDS OF LAND, how executed,.... 352 to or by a corporation,.. 353 of land out of the State,... 353 with a scrawl for a seal,.... 438 unacknowledged: caveats,.... 353 by married women,..... 353 under order of Court of Probate,.. 347-350 under order of court of equity,.. 481 by attorney,...... 353 release of mortgage by executor, &C.... 355 by surviving executor,.... 355 by guardian,.... 355 record of,.... 35 3 of copy of lost deed,..... 354 of contract giving equitable interest. 354 DEFAULT, judgment by,... 418 opening,. 448 bond of indemnity, when required from plaintiff... 419 for want of bonds,...... 431 DEFENCE, in civil actions, by a creditor,... 418 by garnishee,... 419 sham, costs for making... 446 discharge by nominal plaintiff.. 442 DEFENDANTS, service of process on part,... 410 discharge given to one,.... 441 failure to maintain suit against part,... 444 DEFINITIONS, of terms used in this Revision,.. 553-554 DEMAND NOTES, when over due,.... 343 grace, when not allowed on,.... 344 DEMENTIA, acquittal of crime on account of; confinement of defendant,...... 536 subsequent release,...... 537 See INSANE ASYLUMS, and INSA N\TE PERSONS. DEMURRER, pleading over after judgment on. in civil actions,. 424 in criminal cases, 539 DEPOSITIONS, in civil actions,... 435-438 42 622 INDEX. DEPOSITIONS, in civil actions,-continued. PAGE. when and how taken, 435 of person sixty years old,. 436 interested person not to write,. 436 of persons in military or naval service,... 436 subpcena to deponent,... 436 opening depositions,.... 437 commissions to take,..... 437 commissioners of other governments may compel attendance of witness,.... 437 capias not to issue till service of sabpronca is proved, &c., 437 perpetuation of testimony,.... 437 adjournments; issue of ccayiats,... 438 filing the depositions, &c,.... 438 such depositions, how far evidence,. 438 costs of, how far taxable,.... 178 in criminal cases,..... 538 DEPOTS, location, and abandonment,... 326 committing nuisances in,.... 505 DEPUTY HARBOR-MASTERS,. 249, 250 DEPUTY OF BUREAU OF LABOR STATISTICS.. 21. DEPUTY REGISTRARS OF VOTERS,.6. 65 DEPUTY SHERIFFS, appointment; number; powers,. 31 removal; fees for appointment,.. 32 to hold over after death, &c., of sheriff, -. 32 not to fill up process,.... 422 not to buy claims to sue on,.... 528 direction of civil process to,. 398 service of civil process by,.... 31 completion of service, out of their precincts,. 411 after going out of office,. 411 fees,... 179-182 limitation of time for bringing suits against,.. 495 see OFFICERS, SERVICE OF PROCESS, SHERIFF. DERBY TURNPIKE COMPANY, towns may buy stock in, how, 553 DETAINER, forcible entry and, 474 DEVISES, when to cover after acquired estate... 368 to subscribing witness,... 369 when not to lapse,... 370 to corporation or association, notice of,.. 371 contribution between devisees,. 371 not to create perpetuities,. 352 within rule in Shelley's case,. 352 to charitable uses,.. 352 in lieu of dower,.. 377 lien of remainder-man for betterments; sale subject to devise,. 361 in trust to sell: when Probate Court may appoint person to sell,. 371 INDEX. 623 DEVISES,-continued. PAGE. distribution among joint devisees,. 371 when estate is partly intestate,. 374 see WILLS, ESTATES OF DECEASED PERSONS, EXECUTORS. DIPSOMANIACS, commitment to Inebriate Asylum, 99 treatment, discharge, and support of, in asylum, 100 DISCHARGE, to one of several joint debtors,... 441 by nominal plaintiff,. 442 by payment on a foreign attachment, 465 DISCLAIMER, in replevin,... 486 DISCLOSURE, in actions at law,.... 439, 440 party disclosing not compellable to testify also at trial, 440 in equity, not conclusive, 440 by garnishee, in original action, 429 on the scire facias, 462 commission to take, on scirefacias,. 464 DISEASED MEAT, penalty for selling,. 515 DISEASES, contagious, spread of how prevented,. 258-260 of domestic animals, spread of contagious, how prevented, 18 commissioners of, how appointed, and their duties,. 19 DISFIGURING another, how punished,... 499 DISORDERLY house, keeping, how punished, 511 criminal cases as to, to be tried first term, 536 DISSECTION, use of bodies of paupers for,. 150 and of convicts, 151 unlawful, 513 DISSEISIN, action of: defendant, when allowed for betterments, 362 no title by, to railroad or canal lands, 355 by assignee of reversion for breach of condition, 471 by mortgagee; tender of debt and costs a bar, 471 survival of, 422 limitation of time for bringing,... 493, 494 DISSOLUTE persons, may be sent to work-house,. 109 DISTRIBUTION, of intestate estates,.. 372-374 of testate estates, 371 DISTRIBUTIVE share of estate, foreign attachment of,. 397 levy of execution under,..... 465 DISTRICT OF COLUMBIA, appointment of Commissioners of Deeds in,. 22 DISTRICT COURT, in Litchfield County, established, and district constituted,..... 37 jurisdiction,. 13-415 appeals to, 415 service and return of process before, 401 judge to reside in the district, 37 terms, when and where held; adjournments from place to place,...... 38 rules of practice; time for closing pleadings, 38 624 INDEX. DISTRICT COURT,-continued. PAGE. causes, where tried,. 38 jury trial must be claimed at first term, 38 judge to assign causes for trial, 38 attendance to be taxed only for three days, except at trial terms,. 39 jury terms,. 39 what officers to attend court; and their fees, 39 judge may sit in Common Pleas, when, 39 to sit with Probate judge, when, 54 to try cases of.forcible entry and detainer, 474 vacancy to be temporarily filled by judge of Superior Court,. 39 towns to provide accommodations for Court, 30 may reserve cases for advice of Supreme Court, 430 salary of judge; expenses,.. 174 clerks, how appointed; assistant clerks; their duties,. 38, 61 bonds,.. 61 fees of,.... 175 to account to Controller for all fees clue State,. 12 representatives of deceased clerk to account, 12 new trials and error,... 447-452 DITCH, what a lawful fence,..... 207 DITCHING low lands,..... 263-266 DIVORCES, how granted, and for what causes,... 188 petitions for, how brought and served,... 188 not to be granted at first term, unless defendant has not ice, 188 three years residence required of petitioner; exceptions. 188 alimony,....... 189 wife to forfeit estate received from husband, when.. 189 orders as to custody of children,... 189 support of children,.... 189 when a bar to dower,.... 3 76 returns of to State Librarian, and his report thereof, 21 DOG POND, fishing in,...... 224 DO)GS, rules as to confining and killing, how made,.. 267 penalty for disobeying,.. 528 mad, may be killed,. 267 taxation of,.... 159 found worrying sheep, to be killed,... 267 all damage done by, owners to pay for,... 267 if owned by minor, the parents to pay,.. 267 DOORS, when officers may break th'rough,.... 34 DOWER, right of,...... 376 how assigned,. 377 dowress to keep estate in repair.. 377 when barred by provision in will,. 377 when by settlement,.... 377 distribution of land, subject to,.. 374 sale of equity of redemption, free of, 394 INDEX, 62 5 PAGE. DRAINING highways upon private lands,.. 233 turnpikes upon private lands,... 243 DRAINS, how built through low lands by consent of proprietors, 263 organization of proprietors; officers; and powers,. 263, 264 building through another's land, by leave of court,. 264, 265 association.of proprietors of low lands to build drains, 265, 266 scavengers,....... 265 taxes,. 266 drain companies may assess adjoining lands,.. 266J alteration of bounds of,..... 26 actions by or against,.... 266 DRA-W-BRIDGES, to be built on all roads crossing navigable waters, 231 vessels not to steam or sail through,.... 246 railway trains to stop at,.. 331 DRAWER of bill, discharge in insolvency of acceptor,. 386 DRIVERS, how to pass on road,..... 234 teams, when to turn out,... 234 DRUNK. punishment, it found,.. 513 DRUNKARD, common, may be sent to work-house,.. 109 may turn State's evidence,. 271 habitual, may be committed to an inebriate asylum,, 99 may be detained in such asylum,... 100 how discharged,. 100 estate of, liable for support at asylum,. 100 sale of liquor to, when to be forbidden,. 269 damages done by, liquor-dealer to pay for, when,. 269 DRUNKENNESS, conviction in view,.... 53 )UE PROCESS OF LAW, guarantied by U. S. Constitution, xli, xliii DIJELLING,..... 508 EAR, willfully slitting,..... 499 EARNINGS, future, record of assignment of claim for,. 09 EAST HAMPTON POND, fishing in,. 226 EAST HAVEN, town meetings in, how warned and held, 84 oyster grounds in, how designated,.. 213 new designation, when old one is lost,. 215 ECCLESIASTICAL SOCIETY, connection with to be voluntary, liii formation and powers,... 294, 296 members, how admitted,. 295 irregular admissions validated,.... 295 records, how proved,.... 438 right to leave,... liii, 295 who may vote in meetings of,.... 296 penalty for illegal voting in,.... 530 part of society to have a separate organization, when,. 29 service of process on,..... 403 of every denomination to have equal privileges,.. liii meetings of, how warned,.... 83, 295 how conducted,.... 84 626 INDEX. ECCLESIASTICAL SOClETY,-continued. PAGE. may lay taxes,. liii, 296 may assess the pews,.. 296 may sue pew owners,. 297 may take pews by appraisal,.. 297 pews, how transferred,. 297 may buy and regulate burying-ground, hearse, and pall,. 293 right to subscribe for bank stock,.. 284 officers,. 296 who to be general agent of,. 90 churches, how located,.... 296 church site not to be taken for school house site, 138 Protestant Episcopal,. 298 Methodist Episcopal,. 298, 299 Union American,. 298, 299 Shaker,. 299 Roman Catholic,.... 299 EDUCATION, all children to receive certain instruction,. 126 not to be employed in labor, unless so instructed, 126 if discharged from employment for schooling, to be sent to school,... 127 penalties; inspection of factories and children,.. 127 may be bound out, if not well brought up,.. 127 municipal truant laws,..... 127 arrest of truants; prosecution of; commitment of to reformatory school,...... 128 State Board of, how constituted; term of office; vacancies, how filled,.... 14 general powers and duties,... 14 expenses to be paid,... 173 to make annual report,.... 15 to hold educational conventions,... 15 expenses, how paid,. 15 may appoint State agent,.... 127 his salary,...... 173 powers as to Normal School,.. 148 secretary of, board to appoint; his duties,.. 15 to travel over the State, organize meetings, &c., 15 to visit Sheffield Scientific School,.. 149 may remit forfeitures of public school moneys, 147 salary, and expenses,... 173 towns to maintain free schools,.... 128 payments from town treasury,.. 145, 146 who may attend,. 129 non-residents, when,.. 138 to appoint school visitors,. 129 their duties,.. 132, 133 penalties for fraud,... 147 employment of teachers,. 134, 129, 132 INDEX. 627 EDUCATION,-continued. PAGE. duties of teachers,..... 142, 143 selectmen to manage school property, &c.,... 126 returns of number of scholars,... 143, 144 annual report of school expenses to town meeting,.. 145 change of school books,.... 132 school districts, organization and powers,. 134, 135 meetings..... 136 officers,.... 136, 137 duties of district committee, 140, 141 consolidation of,.. 139, 140 taxes,. 165, 166 school houses, how built,. 13 use of, for other purposes,.. 138 high schools,.... 141, 142 Normal School,.... 147, 148 in agriculture and mechanics, at Yale College,.. 149, State aid for libraries and apparatus,.. 142 distribution of School Fund moneys and State appropriation,...... 144, 145, 149 of town deposit fund income,. 145 EJECTMENT, defendant in, when allowed for betterments,. 362 by assignee of reversion, for breach of condition,.. 471 by mortgagee, when barred,. 471 survival of,..., 422 limitation of time for bringing,..' 493, 494 ELECTIONS, to be regulated and protected by law, ivi of State officecrs and members of General Assembly, to be by ballot,.. liii, lvii and to be held on first Monday of April,.. liii election districts,..... 63-65 town voting districts,... 63 selectmen to provide voting places in,.. 70 senatorial districts,.... 63, 64 congressional districts..... 65 of members of Congress,... 75, 76 of senators,..... 75, 76 representatives,..... 76 of town officers, what officers to be chosen; ballot boxes, how long to be kept open,...... 24 vacancies,...... 24 registration of electors,.... 66-69 who may be registered; proof of identity,.. 66 preparation of registry list; meetings of registrars,. 66 meetings to correct lists; what names to be added, 67 publication and circulation of lists,... 67 list not to be altered without consent of both registrars, 67 62 S INDEX. ELECTIONS, registration of electorst,-continued. PAGE. appeals from registrars; evidence at hearing,.. (7 corrected list to be lodged with town clerk, 67 what names may still be added, 68 compensation of registrars, &c.,... 6 8 registrars, &c., may administer oaths, 69 fraud or misconduct of registrar, how punished, 529 electors' meetings,....70-7 how warned; hour of opening; ballot boxes, 70 hour of closing,.. 1 ballot boxes for judge of Probate, in town in two i[?robate Districts, 70 moderators, how appointed, 70 may administer oaths, 69 to decide challenges, 71 to declare result of poll,. 72 box tenders, how appointed,. 70 substitute box tenders,... - neither to be a candidate for office, 71 presiding officers, where town contains several voting' districts, 71 penalty for interfering with,.. 10 counters and challengers, how appointed, 71 closing liquor saloons on day of, 520 form of ballots,.. 71 how deposited,.. 72 who may vote at,... in New Haven,.. 552 registrars to be present at; check lists,. wagers on,.51 bribery at,...51 offering colored ballots at,. 18 influencing voters by threats, &c.,.. 18 giving false certificate by town clerk, 518 frauds, &c., by election officers,.. 19 preventing voting,. 519 fraudulently abstracting or intermingling votes, 519 fraudulent registry,... 19 voting under assumed name, 519 double and fraudulent voting,. 19 ballots, how and when to be counted, 72 to be preserved six months, 72 plurality vote elects, 7. 75 except in case of State officers.. 74 certificates of result, in towns containing voting districts,.. 72 returns by presiding officers,.72 re-count, on judicial investigation,.72 canvass of elections,. 72 INDEX. 629 ELECTIONS, canvass of elections,-continued. PAGE. of sheriffs and judges of Probate,.. 72 of State officers,. 72 general penalty for official misconduct,... 519 prosecutions for breach of election laws, how instituted, 532 ELECTORS, who may be,. lii, iviii, 68 and how admitted,..... lviii. 69 reading test,. lviii, 69 eligible to any office,.... lii privileged from arrest, at time of electors' meetings,. liii privileges, how forfeited,..... lii meeting of selectmen and town clerk to admit,.. 68 to be upon oath, and may administer oaths,.. 69 none to be admitted, unless previously registered as " to be made,".... 68 examination of applicants; oath,... 69 certified list of those admitted to be given to town clerk, 69 registration of,..... 66-68 certificate of admission, from town clerk,... 66 proof of identity,...... 66 cannot vote, unless registered,.... 71 removal from town after registration,... 71 oath of,....... 548 any three may complain of breach of election lawss,. 532 ELECTORS' MEETINGS, see ELECTIONS, ELECTORS OF PRESIDENT OF THE UNITED STATES,. xxxiv see PRESIDENTIAL ELECTORS. ELECTRIC SIGNALS, at railway crossing,. 320 willful injury to,...... 502 EMBEZZLEMENT, by agents,.... 524 by public officers,..... 524 by justice of the peace or court officer,.. 525 by sub-agent of corporation,. 5a24 by bailee,....... 524 EMINENT DOMAIN, when exercised, compensation to be made, xli, xlvi exercise of for highway purposes,.... 235 for railway purposes,.. 317, 321 for telegraph lines,. 341 for milling purposes,.... 472 See DAMAGES, EMPLOYEES, intimidating from remaining wvith employer; strikes,....... 510 making false entries by, in employer's books,.. 524 EMPLOYER, improperly influencing employees as to how to vote, 518 ENCLOSURE, see FENCES,..... 207 ENCROACHMENTS, on highways,.... 253 on common lands,..... 357 ENEMIES, intercourse with, in time of war, 497 630 INDEX. PAGE. ENFIELD SHAKERS, organization and trustees of,.. 299 ENGINES, attachment of,. 404 ENGRAVERS' IMPLEMENTS, mortgage of,. 359 ENGRAVING, in library, willful injury to,. 501 ENGROSSED BILLS, 81 ENGROSSING COMMITTEE,. 81 ENTAILED ESTATES,. 352 ENTICING away a child,. 499 minor female for purposes of seduction,. 511 ENTRY, for breach of condition, by assignee of reversion,. 471 on lands, limitation of time for making,.. 493 forcible entry and detainer,..... 474 peaceable, and forcible detainer,.. 474, 475 E. O. TABLES, forfeiture of,..... 229 bonds for good behavior from owner,.. 517 EPISCOPAL SOCIETIES, Protestant, committees of,. 298 Methodist, trustees of,..... 298 EQUAL RIGHTS, guarantied to all,... xlv EQUITY, jurisdiction in, of Superior Court, and mode of practice, a40, 413 of Court of Common Pleas,.. 413 of District Court,... 413 over accounts,... 414 Courts of, mode of proceeding,. 413 bills in, to be signed,.... 423 may authorize conveyance of real estate of deceased persons, to carry out their contracts,. 57 notice of cross bill or supplemental bill,.. 429 decrees, to show the facts found,.... 444 disclosure in, not conclusive,.... 440 form of process, see CIVIL ACTIONS,.. 396, 399 orders of notice in,...... 411 attachments in,...... 396 foreign attachment in,..... 39 7 costs in suit to settle construction of will,... 447 injunctions, issue of writ,... 474: petition to be on oath,..... 477 ex parte injunctions,..... 477 malicious use of land by owner,.... 477 nuisances from factories,.... 477 order of abatement,.... 477 temporary injunction,.... 478 costs,...... 478 notice of petition for injunction against manufacture of fish oil,..... 478 bond of indemnity by petitioner,... 478 hearing on injunction petitions,... 478 on motion to dissolve,. 478 transfer of hearing of motion to dissolve,. 479 dissolution by advice of Court of Errors,. 479 INDEX. 631 EQUITY, injunctions, —continued. PAGE. adjourning execution and tax sales, pending injunction, 479 receivers of corporations,... 482 of a partnership estate,. 483 of partnership property under attachment,.. 483 appointment in vacation,.... 483 removal; vacancies,..... 483 dissolution of order respecting partnership property attached,..... 483 bonds,....... 483 ERROR, writs of,.4.. 449 from City Courts,...... 449 in justice suits,...... 449 in summary process; bond for rents,... 492 issue of....... 449 time of service and return,..... 450 mode of service,...... 450 limitation of time for bringing,.... 495 formal defects,...... 420 motions in error,...... 450 extending time for filing motions,.... 450 joining motions in error and for a new trial,. 450 revising decisions of a judge,... 450, 451 motions in error in City Courts,.... 451 practice on reversal of judgment in Court of Errors,. 451 on reversal of judgment in other courts,.. 451 on affirmance of judgment below,... 451 releasing stay of execution, pending writ of error,.. 452 after judgment on writ of error,..452 in criminal cases,...... 539 ESCHEATS, duties of Probate judges as to,.. 345 Treasurer to receive,.... 345 personal estate of deceased person,.... 345 of lost or unclaimed goods,.... 365 ESTATES, in land, when a fee simple,.... 351 in tail, limited,. 352 in perpetuity, forbidden,..... 352 rule in Shelley's case,.... 352 left to charitable uses,..... 352 ESTATES OF DECEASED PERSONS,. 368-377; 387-395 testate estates,.... 368-371 wills, who may make,..... 368 operation on after acquired lands,.. 368 how executed and attested,.. 369 legacy to witness, void,.... 369 revocation,. 370 legacies, when chargeable on lands,... 370 contribution between devisees and legatees,.. 371 provision against lapses,.... 370 632 INDEX. PAGE. ESTATES OF DECEASED PERSONS, testate estates,-cont'ed. proof of will, out of court,. 370 executors to present will for probate,.. 370 bonds from executor,.... 370, 392 administrator, appointed when,.. 371 wills, of non-residents, where proved,... 370 wills to be proved, within what time,.. 371 notice of bequest to corporation or association,.. 371 executor to have possession of the real estate,.. 392 sale of real estate by order of Probate,.. 371, 394 executor may be the purchaser, when,. 395 foreign attachment of legacy,. 397, 465 appointment of distributors,.... 371 distribution of life estate in chattels... 371 when life tenant may hold estate, on giving bonds to remainder-man,... 371 intestate estates,. ~ 372-375 administration, when and how granted,.. 372 within what time granted,.. 372 administrator to give bonds,.. 372 to give further bonds, when required, 392 to have possession of the real estate,. 392 may apply for its sale, when,.. 394 may be the purchaser, when,.. 395 appointment of distributors,... 372 distribution by consent, 372 mode of distribution,.. 372 372, 373 when intestate is a minor,... 374 share of minor, dying before distribution,. 373 ancestral estate, 373, 374 land subject to dower,... 374 distributees to give bonds to pay debts,.. 374 distribution of land held under different titles,.. 374 of estate partly testate,.. 374 of avails of sale of minor's land,.. 374 foreign attachment of distributive share,. 397, 465 solvent estates, testate and intestate, inventory and appraisal,. 387 of estate out of the State,. 388 forfeiture for not returning,. 387 limitation of time for proving claims,.... 388 in case of non-residents, 388 in case of newly discovered estate, 388 limitation of time for suing executor, &c,.. 388 administration account,..... 393 resignation of executor or administrator,.. 391 removal of,..... 392 examination of party concealing estate,.. 393 dower,..... 376, 377 INDEX. 633 ESTATES OF DECEASED PERSONS, solvent estates, testate and intestat e,-continued. PAGE. settlement, in lieu of, 3, 7 sale of equity of redemption, free of,.. 394 executor or administrator may convey land, how. 57 estates of paupers, how settled,. 200 escheat of personal estate, 345 insolvent estates, testate or intestate, 375, 376 what estates may be deemed insolvent,... 37 inventory and appraisal, 387, 388 notice of hearing on appointment of commissioners, 388 limitation of time for proving claims,. 389 what claims provable,. 389 re-opening commission,. 389 rights of creditors, where estate proves solvent, 375, 376 if new estate is discovered,. 389 if non-residents,... 376 when secured,. 390 when one commissioner may act alone, 391 appointment of third commissioner,.. 391 removal, and disqualifications of commissioners. 391 suits for claims, barred by insolvency,. 375 claims on judgments,..... 375 judgments not to merge claim, when,. 390 report of commissioners,.. 389 notice of disallowance of claim,... 391 review of their doings,... 39( appeal from their doings. 390 trial by auditors,. 391 appeals privileged in order of trial, 430 widow to receive what,... 375, 391 support of family, pending settlement of estate.. 391 sale of property,.. 375, 394 account of sales, 375 administration account,.... 393 order of payment of claims and charges, 376 executor or administrator, resignation of. 391 removal of,. 392 settlement of estate insufficient to pay any debts.. 376 foreign attachment of claim against,. 397 examination of party concealing estate, 3 393 dower,.. 376, 377 provision by will, in lieu of,. 377 settlement, in lieu of,... 3 77 sale of equity of redemption, free of dower,. 3)4 ESTRAYS, how disposed of, 3 66 EVIDENCE, in civil actions,.. 435-441 protests of bills and notes,. 438 634 INDEX. EVIDENCE, in civil actions,-continued. PAGE. equivalents for a seal,... 438 of laws of other States,. 438 printed statutes, how far evidence,... 438 reports of decisions in other States,... 438 records of public offices and corporations,. 438 records of State Chemists,.... 439 organization of joint stock corporations,.. 439 U. S. revenue stamps on recorded document,. 439 records of boards of health,... 439 of proprietors of common lands,. 439, 357 of religious societies,.... 439 of certificates of limited partnership,. 364 of appointment of trustee,... 368 inability of clerk to give copies,.. 439 Probate records or copies, certified by judge,.. 449 entries and memoranda of deceased persons,.. 439 fire communicated by railway engine,.. 439 motion for a disclosure,.... 439 course of proceeding, on motion,... 440 when and how depositions may be taken,.. 435 deposition of person sixty years old,.. 436 interested person not to write deposition,. 436 depositions of persons in military or naval service,. 436 subpoena to deponent,..... 436 opening depositions,..... 437 commissions to take depositions,... 437 commissioners of other governments may compel attendance of witness,. 437 capias not to issue till service of subpoena is proved, 437 perpetuation of testimony,. 437 adjournments; issue of capias,. 438 filing the depositions, &c.,... 438 such depositions, how far evidence,... 438 files and minutes of former justices,... 440 religious belief of witness,.... 440 interest, or conviction of crime, no disqualification, 440 adverse party may be compelled to testify,.. 440 not also to make a disclosure,.... 440 not to affect attesting witnesses,... 440 disclosure in equity not conclusive,... 440 statute of frauds,..... 441 sales of personal property for under $50,.. 441 in bastardy preceedings,. 470 in book debt,... 471 of illegal use of fishing boats, &c.,... 218 of paupers' neglect to pay taxes,... 198 in criminal cases, depositions, when admissible in defence,.. 538 INDEX. 63 5 EVIDENCE, in criminal cases,-continued. PAGE. disclosures to unlawful gaming,.. 229 of bank charter, in prosecution for counterfeiting bankbill,...... 538 husband and wife,.... 538 in capital cases, what required for conviction,.. 538 See CIVIL ACTIONS, EXECUTION of criminals, how effected,.... 540 expenses, how paid,...... 540 EXECUTIONS, interest on judgment,.... 53 forms of,....... 453 direction: when returnable,.... 454 State taxes; levy by indifferent person,... 454 demand and levy on personal estate,... 454 on perishable estate,...... 454 service on party who has left the State,... 455 sale when not at sign post,.... 455 adjournment of sale,..... 455 adjournment by reason of an injunction, 6. 4 9 sale by deputy,...... 455 exemptions,....... 455 exemption of husband's interest in wife's estate, 456 fee for issuing,..... 183 levy on goods exempt to a certain amount,.. 456 exemptions from foreign attachment,... 456 levy of execution against partnership,... 457 levy on machinery, furniture, or crops,... 457 against voluntary associations,.... 457 associations for planting oysters,... 457 levy on stock of corporation,.... 457 statement of fees, &c., demandable by debtor,.. 34 levy on turnpikes and toll-bridges: receivers,.. 458 receivers to give bond,.... 458 receivers for different gates,. 458 repairs of road or bridge,.... 458 settling receivers' accounts,.... 459 executions unpaid for six years to be mortgage liens, 459 levy on interest of one railroad company in road of another, 459 levy on body,.... 459 on body of debtor committed for want of bail,. 460 exemption of body,. 460 levy on real estate,..... 460 on real estate of a voluntary association,. 460 return and record,..... 460 levy on equity under mortgage of real and personal estate,. 461 on land in different towns,... 461 on land when the town is interested,.. 461 on equity of redemption in different towns,. 461 on oyster beds,. 461 636 INDEX. EXECUTIONS,-continued. PAGE. levy on leases or real franchises,. 461 on interests in buildings,. 461 on judgment by default, indemnity when required before issuing,. 419 charge of illegal fees not to vitiate levy,.. 461 levy under foreign attachment,... 462 where garnishee is a non-resident,.. 462 where garnishee has left the State,.. 63 scire facias against non-resident garnishee,'.. 4 63 on a justice judgment,.. 463 staying execution, if debt is due but not payable,. 46defence against scire facias by assignee of debt, or claim-ant of the property attached,.. 464 commission to take disclosure,... 464 duration of attachment lien on debt due from insolvent estate,. 464 on legacies or distributive shares, 465 on debt due from insolvent estato, 465 payment on execution by executor, administrator, or trustee, 465 scire facias against executor, administrator, or trustee,. 465 death of garnishee,. 465 payment on execution, a discharge to garnishee,. 465 stay of execution against judgment debtor, who has been factorized,. 466 pending application for writ of error, in summary process,.. 492 on writ of error, upon a habeas corpus, when refused. 451 completion of levy by officer not re-elected,. 466 entering satisfaction of judgment on record,. 466 concealing property from levy of, action for,. 490 fraudulent, when void,... 345 dissolution of levy, by proceedings in insolvency,. 383 EXECUTIVE DEPARTMENT,... xlix EXECUTIVE JOURNAL, may be inspected by General Assembl-, 14 copies to be evidence,... 14 EXECUTIVE OFFICERS, oath of,... 548 EXECUTIVE POWTER of the United States, where vested, xxxiv of the State, where vested,.. xlix EXECUTIVE REQUISITIONS, from Governor of this State, 544 upon Governor of this State,. 544 transportation of criminal through this State, on,. 544 EXECUTIVE SECRETARY, how appointed, and duties, 14 may certify to copies from executive journal,. 14 to keep official bond of Commissioner of School Fund, 12 to give notice of removal from office of notary public or co1mmissioner of deeds,. 22 of appointment or removal of railroad or steamboat policeman, 33 INDEX. 637 EXECUTIVE SECRETARY -continued. PACE. salary, -. 173 EXECUTORS, to present will for probate,.. 370 forfeiture for neglect to present it,. 529 bonds of,. 370 further bonds,.a. 392 may have will proved, out of court,.. 370 refusal to accept,.. 371 to return inventory,.... 387 to publish notice for presentation of clainms,. 388 actions against,. 388 to have possession of real estate,. 392 of insolvent estate, not to be sued,. 375 citing in to defend suit,. 421 entry to prosecute or defend, 422 survival of action, on death of,. 422 action for injury causing death,.. 421, 422 may be authorized to convey land of deceased, to fulfill his contracts,. 5 7 conveyance under power, by acting executor,.355 may apply for order to sell real estate,. 394 may be purchaser, when,..... 395 release of mortgage by,.. 355 foreclosure by,. 359 suit to settle construction of will; cost;,; o:.. 447 certificate of mechanic's lien by, 360 non-resident, service of writ against,. 403 suit by,. 415 foreign attachment against,. 39'7 proof of claim under,. 409 collection of execution under, 4 65 actions against, when within Statute of Frauds, 441l action of account between co-executors,. 467 of insolvent estate, to post notice of hearing Cas to appointi.ng commissioners, 388 to give notice of claims disallov-ld. 388 may have party withholding estate examined, 393 accounting; notice of; oath upon, 393 resignation, 391 removal, 392 EXEMPTIONS, from execution,. 455 household articles,... 455 military equipments,. 455 pensions,. 455 tools,..... 455 library,..... 455 domestic animals, 455, 456 household stores,.. 456 stove,...... 456 43 638 INDEX. EXEMPTIONS,-continued. PAGE. doctor's horse and buggy,. 456 fishing boat,...... 456 sewing machine,...... 456 pew,...... 456 burial lots,...... 456 husband's interest in wife's estate,... 456 levy on goods exempt to a certain amount,.. 456 exemptions from foreign attachment,.. 456 debts for house rent, provisions, clothes, fuel, and board,. 456 of body,....... 460 from military service,..... 112 from taxation, of polls,.... 154 of estate,... 15T. 156. 552, 553 EXI{IBITIONS, how licensed,.... 546 unlawful, forfeiture of building used for,.. 253 punishment for procuring or attending,.. 517 punishment for giving or suffering,.... 528 protection of witnesses testifying on prosecution,. 546 EXPLOSIVE MATERIAL, selectmen may license use of,. 261 packages of, to be labeled,..... 521 use of, to kill fish,.... 227 EXPORTATION, of fish not inspected,... 527 JYX POST FAi CTO LAWS, prohibited,.... xxxiii EXPRESS CARRIERS, unclaimed articles sent by, how disposed of,....... 365, 366 EXPRESS COMPANIES, annual returns to Secretary of this State, 300 penalty for neglect to make,. 300 taxation of: annual returns to Controller... 169 EYE, willfully putting out,. 498 FAIR-GROUNDS, unlawful exhibitions, or peddling near,. 518 FAIRS, of Agricultural Societies, members of Board of Agriculture to visit,....... 18 FAIRFIELD COUNTY, how constituted,... 2 FALSE IMPRISONMENT, forbidden by Constitution,. xlvi FALSE PRETENCES, obtaining goods by,.. 525 release on habeas corpus,.... 476 FALSE REPRESENTATIONS, as to servitude of free person,. 499 as to hiring horse,... 525 FAMILY, of deceased person, support of, before settlement of estate,....... 391 to remain in homestead,.. 392 FAR MILL RIVER, fishing in,..... 227 FARES, fraudulent evasion of payment of,... 525 FARM RIVER, fishing in,.... 226 FARMINGTON RIVER, fishing in,.... 221 FARO BANK,....... 517 FAST-DAY, paper payable on,.. 344 INDEX. 639 PAGE. FATHER, may indenture child,.... 98, 193 rights to guardianship of child, 191, 192 duties as to support of child,. 109, 199, 189 as to education of child, 126, 127 of bastard, proceedings against, 469, 470 FEES, court and jury fees due to State,. 175 of clerks of courts,... 175 jurors; witnesses; State's Attorneys, 176 justices of the peace; and parties in civil actions, 177 grand jurors, 176, 178 physicians; County Commissioners; notaries public,. 178 town clerks; clerks of common fields; registrars of births, &c.,....... 179 sheriffs, constables, &c., 179, 181 penalties for demanding illegal fees,.. 31, 34 including excessive, in levy of execution on land, 461 jailers; coroner's inquests, 181 assessors, fence viewers, oyster committees; harbor masters, inspectors, poundage, 182 for signing writs, acknowledgment of deeds, &c., 183 licenses in courts,..... 175 of Probate Courts, 183, 184 of Insurance Commissioner,. 17 of Treasurer, for holding securties of insurance company, 306 of pound keepers, 256 of health officers,.. 259 FERRETS, using to kill rabbits, 521 FIGHT, challenges to, how punished,... 508 prize,... 509 FINES, excessive, prohibited in U. S. courts, xli in State courts, xlvi FENCES,.207-212 of particular enclosures, 207-209 how built, and divided, 207 repair of divisional fence, 208 fences along a stream or pond,. 208 selectmen may determine as to building of new divisional fence, 208 and as to division of old one, 208 removal of divisional fences, 209 damage done by animals'breaking through fence, 209 fencing house lots, 209 on line of railroad, 325 lien of railroad company on land, for cost of fence,. 325 between railroad and highway,... 326 at railway crossings,..... 326 injury for want of; action against railroad company,. 488 double damages for throwing down,... 489 criminal prosecution for injury to public,.. 501 640 INDEX. FENCES, of particular enclosures,-continued, PAGE. criminal prosecution for injury to private, 504 fees of fence viewers, 182 around common fields, 210-212 proprietors may regulate, 210 proprietors' committees; meetings; and taxes, 210 each proprietor to maintain his part of the fence, and keep up stakes, 211 line of fence, how altered, and aparted,.. 211 style of fences,. 211 duties of the fence-viewers of common fields,. 211, 212 particular enclosures in, 212 FERN, CREEPING, willful trespass to,. 504 FERRIES, commissioners on, appointment and powers,. 246, 247 how maintained,. 246 how equipped, 247 hours for running, 247 rates of fare to be posted up,. 247 towns to build and maintain highways leading to, 231 privileges, how far exclusive,. 247 Superior Court may establish, or re-establish, 247 penalties for violation of ferry laws, or for charging excessive tolls,.. 248 local regulations (continued in force from Revision of 1866,) Brockway's ferry,. 552 Chapman's ferry, 553 Cullick Ely's ferry, 552 Derby ferries, 552 East Haddam ferry,. 552 East NWindsor ferries,. 552 Enfield ferry, 552 Groton ferry, 552, 553 HTigganum ferry, 552 Haddam Island ferry, 552 Kenny's ferry,. 552 King's ferry, 552 Lyme ferry, 552 Middle Haddam Landing ferry, 552 Middletown ferry, 552 New London ferry, 552, 553 Pratt's ferry, 552 Rocky Hill ferry, 552 Saybrook ferry, 552 Suffield ferry, 552 _WVarner's ferry, 552, 553 FERTILIZERS, analysis of, by secretary of Board of Agriculture, 274 FIELDS, fencing of, 20. 207-212 FINDING, special, in actions at law,. 444 in equity decrees, 444 INDEX. 641 PACE. FIRE, setting, where it runs on another's land, civil liability,. 489 criminal prosecution,. 504 FIRE-MARSHALS,..... 206 FIRES, investigation as to cause of,.. 206 FIRE-ARMS, discharge of, in cities,.... 509 in burying-grounds,. 513 FIRE-CRACKERS, use of, restricted,.. - 510 FIRE-ENGINES or hose, willful injury to,.. 504 FIRST SELECTMAN, how designated,.... 24 FISH, inspectors and packers of,.... 274 how inspected and barreled,... 274, 275 imported shad, not to be inspected,... 527 violation of inspection laws,... 527 altering contents of cask after inspection,.. 527 exporting fish without inspection,... 527 penalties, to whom payable; qui tam suits,. 528 fees of inspectors,..... 182 exemption of, from execution,.... 458 manufacture of oil or manure from, how enjoined as a nuisance,....... 478 notice of application for injunction,... 478 indemnity from petitioner,.... 478 see FISHERIES. FISH COMMISSIONERS; appointment; term of office; duties; annual report,.... 17 to appoint town fish-wardens,.... 17 seine inspectors of shad fisheries,... 17 to number all pounds, weirs, &c.,.. 219 to locate and regulate fish-ways,... 223 may take fish at all times and places,.. 227 may require returns of salmon caught in seines,.. 219 may complain of nets, &c., unlawfully used,. 220 ponds, stocked by, not to be fished,. 224 compensation,...... 173 FISH WARDENS, appointment, powers, and fees,.. 17 may complain of nets, &c., unlawfully used,... 220 FISHERIES,...... 213-228 in tide-waters and rivers,... 213-223 for shell-fish, see OYSTERS,... 213-218 pound, net, and seine fishing,.. 218-222 pounds, weirs, &c., how constructed, numbered, and used,. 219 new ones not to interfere with old ones,.. 220 their use restricted, between Saybrook and Clinton,. 220 forfeitures, if used unlawfully,. 220 in Connecticut river,..... 221 in Mystic river, and near Stonington,... 221 in Paucatuck river,..... 221 in Salmon river cove, or Bride pond brook,.. 221 642 INDEX. FISHERIES, in tide-waters and rivers,-continued. PAGE, in Sabethe and West rivers, 221 in Farmington river, 221 in Mill river,. 222 in Quinnebaug or Shetucket river, 222 in Thames river,. 222 in West river, and New Haven harbor, 222 in Housatonic river, 222 inspection of shad nets; size of mesh,. 222 Sunday net fishing in rivers, 222 obstructing seines, 222 fishways, how built and maintained, 223 fishing near, prohibited,. 223 in ponds, reservoirs, and streams; general provisions,... 223, 224 fishing without consent of riparian propirietor,.. 224 trespassing on lands, in fishing,... 224 "private ponds or streams," what are,. 224 fishing in waters stocked by Fish Commissioners, 224 local regulations for, Amos lake, 225 Ashland Cotton Company's reservoir,. 225 Ball's pond, 225 Bearss' pond, 225 Black pond in Middletown,... 225 Black pond in Woodstock,... 226 Chapinville ponds, 225 Chestnut Hill ponds, 225 Columbia reservoir,. 225 Dog pond, 224 East Hampton pond, 226 Far Mill river, 227 Farm river, 226 Griswold Paper Company's reservoir,. 225 Hatch pond, 225 Leonard pond,. 225 Little river, 226 Long lake, 225 Marlborough pond, 226 Mashapaug pond, 224 Meriden Cutlery Company's reservoir,. 225 Middlefield reservoir,.225 Middletown water-works, 225'Mill river,.9.... 227 Mount Hope reservoir,. 225 New Haven Water Company's reservoir, 224 Quadic reservoir, 225 Samp Mortar stream, 227 South Coventry pond, 2 25 INDEX. 643 FISHERIES, local regulations for,-continued. PAGE. Squantz pond,.. 225 Stony river,,. 226 Taunton pond,. 225 Twin lakes,..... 225 Tyler pond,...... 224 Umpawaug pond,..... 225 Waramaug lake,..... 224 WVhitneyville lake,..... 224 penalties and trespasses, poisoning fish,...... 227 letting noxious substances flow into waters having fish, 227 taking fish by use of explosive material,.. 227 trespass on breeding ponds,.... 227 salmon fishing,...... 227 trout-fishing,...... 227 for pickerel, black bass, or muskalonge,. 227, 228 evidence in proceedings in rem: forfeitures,.. 227 appeals and writs of error on same,.. 227 supervisory powers of Fish Commissioners,.. 17 towns may make by-laws as to, which shall be published, 85 and shall not be discriminating, 86 suits for penalties under,. 86 commitment to work-house for breach of,.. 86 general penalty for violation of fishing laws,.. 227 FITCH'S HOME FOR SOLDIERS, aid to soldier's orphans at,. 95 FLAG-MEN, at railway crossings,. 320 FLOUR, exemption of from execution,.... 456 FLO WAGE PETITIONS, right of instituting proceedings,. 472 hearing by committee, and report,.... 472 no interference with existing mills,. 473 action of court on report,.... 473 jury to re-assess damages,..... 473 objections to doings of jury,.... 473 costs of re-assessment,... 473 assessment final, if paid within sixty days,... 474 costs of petition,...... 474 failure to pay assessment, how far a bar to a second petition,....... 474 FLOWING HIGHWAYS, by mill-dam,.... 234 FOLLOWING, and mocking another, how punished,.. 509 FOLLOWING SECTION, means what,.... 554 FORCIBLE ENTRY ANLD DETAINER,. 414, 475 complaint,..... 474 trial by jury,...... 475 mode of summoning jury,... 475 talesmen,...... 475 judgment no proof of title,.... 475 644 INDEX. FORCIBLE ENTRY AND DETAINER,-continued. PAGE. treble damages,... 475 limitation of time for bringing,... 494 FORECLOSURE of mortgages, 358, 359 of mechanic's liens,... 360 FOREIGN ATTACHMENT, when granted,. 397 of legacy, distributive share, or claim against estate, 397 citing in garnishee to disclose,. 399 pending suit,. 400 costs, where he is not,. 447 disclosure, how taken, and how far evidence, 429 disclosure, by affidavit, 429 liability for not disclosing,... 429 against corporations, how served,.. 403 partnership,. 404 non-resident,... 404, 410 defence by garnishee,.. 419 exemptions from,. 456 duration of lien,.. 404, 464 dissolution by substituting bond,. 406 levy of execution under,.. 462 levy where garnishee is a non-resident,.. 462 where garnishee has left the State,.. 463 scirefacias against non-resident garnishee,... 463 founded on a justice judgment,... 463 staying execution, if debt is due but not payable,.. 464 defence against scire facias, by assignee of debt, or claimant of the property attached,. 464 limitation of time for bringing scire facias,... 494 commission to take disclosure,. 464 duration of attachment lien on debt due from insolvent estate, 464 on legacies or distributive shares,... 465 on debt due from insolvent estate,... 465 payment on execution by executor, administrator, or trustee, 465 scireffacias against executor, administrator, or trustee,. 465 death of garnishee,...... 465 payment on execution a discharge to garnishee,.. 465 costs on suit against garnishee, pending attachment,. 446 stay of execution against judgment debtor, who has been factorized,..... 66 FOREIGN GOVERNMENTS, commissioners of, depositions before, 437 taking depositions in,..... 436 insurance companies of,. 300-310, 555 judicial decisions of, how proved,.... 438 importation of convicts from, 518 FOREIGN INSURANCE COMPANIES,.. 300-310, 555 definition of term,...... 553 penalty for violating laws as to,. 527 see INSURANCE COMPANIES. INDEX. 645 PA GE. FOREIGN LAWS, evidence of judicial decisions,. 438 FOREIGN PROBATE BONDS, suits on,. 490 FORFEITURES. towns omitting to appoint assessors, &c., 526 to erect guide posts,. 526 transportation of wild animals, 526 giving credit to minor students, 523 selling commercial manures unmarked, &c.,.. 527 omitting to affix label or stamp to cotton thread, or selling thread falsely labeled, 527 neglect of railroad companies to provide water closets, 527 violation of insurance laws, 5. 527 what penalties payable to State, 527 branding imported shad, 527 maintenance,. 52 7 breach of inspection laws, 527 altering contents of inspected cask,... 527 exporting uninspected fish,. 527 neglect of selectmen to erect pounds, 528 penalties of five preceding sections, how payable, 528 neglect to appoint grand jurors, 528. theatrical exhibitions,. 528 mountebanks, &c., 528 permitting such exhibitions in one's house,. 528 removal of stone on common shore,. 528 neglect of moderator of town meeting to make returns, 528 neglect of duty by grand juror, 528 neglect of weigher, &c., 528 violating rules for restraining dogs,. 528 rescuing animals going to, or in, pound, 528 refusal to remove gunpowder, 529 assessors receiving lists, not made according to law,. 529 to whom penalties of eleven preceding sections are payable, 529 executor neglecting to prove the will, or refuse the trust, 529 officer neglecting to summon a jury of inquest, &c., 529 using unstamped weights or measures, 529 illegal voting in agricultural societies,... 529 misconduct of registrars of voters, 529 assessors omitting to return a sworn list, 529 assessors refusing to be sworn, &c.,.529 refusal to discharge duties of town office, 529 neglect to cut Canada thistles, 530 selling thistle seed, 530 selling domestic sewing silk by short skeins, 530 neglect by railroad company to transport milk on equal terms, 530 to whom penalties under four preceding sections are payable, 530 neglect to erect sign posts, 530 voting without right, in religious societies,. 530 646 INDEX. FORFEITURES,-continued. PACE. neglect of railroad companies to give receipts, 530 State's Attorney to collect State and county forfeitures,. 530 for injury to Coast Survey signals, &c.,. 205 for encroachments on common lands,.. 357 if selectmen neglect to make true returns of soldiers' orphans, 96 for neglect by executor, &c., to return inventory, 387 for neglect of constable to serve jury warrant,.. 433 for neglect to attend as juror,... 434 for aiding in unlawful marriages,. 185 for drawing on chained wheel without a shoe,. 233 for employing children, without instructing them,. 127 for misapplying school money,.. 145 for illegal voting at school district meeting,. 136 for refusal to act as an officer of the district, 136 remission of, in favor of towns or school districts,. 147 for failing to make returns of property liable to taxation, on the part of cashiers or secretaries of corporations, wnlhose stock is taxable,.1. 157, 167 of officers of other corporations,.. 169, 170 of town clerks,..... 160 for bringing paupers into the State,. 198 for neglect by town to maintain ferry,.. 248 of horse used for a horse race,. 516 of animals used for any unlawful exhibition, 516 for neglect to file certificate of foreclosure,.. 358 for fraudulent transfer of taxable property,... 157 giving false information as to the residence of stockholder in corporation,.... 15 7 for justifying fraudulent conveyance,... 316 for illegal voting in ecclesiastical society meetings,.. 296 by railroad companies,.... 325, 329 by railroad officers,. 338 by selectmen for not erecting pound,.. 528 suits for, when barred,. 494 imposed by Superior Court, to go to the State,.. 546 imposed by justice of the peace to go to town, 546 prosecution for, by informing officer,. 532 FORGERY, how punished,.. 5'22 of trademarks, labels, or stamps,. 523 of securities, currency, &c.,. 523 reward for prosecuting for,... 543 double damages for,. 445 FORMER ACQUITTAL OR CONVICTION, if collusive, no bar to new trial,. 545 FORMS, affidavit by insolvent debtor,... 365 application to dissolve attachment,. 406 attachment in equity,. 399 bond to dissolve attachment,.. 407 INDEX, 647 FORMS, -continued. PAGE. certificate of lien on vessels,.. 362 citation in equity,. 399 discharge in insolvency,.... 385 execution, justice suit,. 453 in Superior Court,. 453 notice of application to dissolve attachment,. 406 notice to quit, in summary process,.. 491 railroad reports,.. 334 recognizance in civil actions, for costs,. 398 replevin, writ of,... 484 Riot Act,... 508 subpoena,.... 435 summons, writ of,.. 398 tax warrant,... 165 writ of attachment,.... 399 of replevin,... 484 of summons,... 398 FORNICATION,.. 511 FORTUNE-TELLERS, may be sent to work-house,.. 109 FOURTH OF JULY, notes falling due on, 344 FOWLING, season for, &c.,. 229 regulation of,..... 230 FOWLS, cruelty to,... 514 dying of disease, meat not to be sold,... 515 stealing at night,.... 503 procuring fights between,.. 517 being present at such fights,. 517 FOX, town bounty for killing,. 8. 6 FRANCHISES, attachment of,.. 403 levy of execution on,... 461 on railroad franchises,. 459 usurpation of; quo warranto, 482 FRAUD, by agent against principal,. 524 by public agent,..... 524 by bailee,..... 524 by gas consumer, or agent,. 524 against life or accident insurance company,. 524 against keepers of inns, restaurants, &c.,. 525 in evading payment of fare,.... 525 false statement by hirer of horse,.. 525 officer of court, converting money, &c.,.. 525 false certificate by tax collector,.... 525 obtaining goods by false pretences,.... 525 in concealing effects from attachment, &c,.. 470 in contracting debt, 4. 470 in concealing cause of action, avoids the statute of limitations, 496 on the part of election officers,. 519 see CRIMES, and EMBEZZLEMENTS. 648 INDEX. PAGE. FRAUDS, STATUTE OF, 441 FRAUDULENT CONVEYANCES, when void,. 345 forfeiture for justifying, 346 by insolvent debtor,. 378 to be avoided within sixty days, 378 FREE PERSON, kidnapping, 500 fraudulent representations designed to effect, 499 FREE PRESS, Congress not to limit,... xl guarantied by State Constitution,. xlvi FREE SPEECH, Congress not to abridge right of, xl guarantied by State Constitution, xlvi FREIGHT RECEIPTS, railroad companies to give,. 530 FRUITS, trespass for taking; commitment to work-house, 489 willfully taking from another's land,. 50)4 FUEL, exemption, of from execution, 456 exemptions from foreign attachment, in suits for price of, 456 FUGITIVES, from labor or justice, to be given up, xxxvi proceedings as to Executive requisitions,. 544 FURNITURE, household, exemption from execution, 455 levy of execution on,.... 457 when set out to insolvent debtor,. 384 inventory of,. 387 mortgage of,. 359 attachment of, 404 in public buildings, willful injury to or theft of, 500 GAME, regulations as to shooting season,. 229 trapping, 229 taking for domestication, 230 taking water fowl, 230 towns may make by-laws as to taking birds, 85 ferrets not to be used to kill rabbits, 521 GAMES, unlawful exhibition of, 528 what unlawful to play,..... 517 GAMING, contracts made for, void, 228 recovery of money staked, 228 treble damages to common informer, 229 forfeiture of implements, 229 of lease of house nused for, 492 house, entry under search-warrant,. 537 seizing of gaming implements; forfeitures, 537 bets on horse-racing,. 516 accessories to,. 516 forfeiture for,. 516 gambling on railroad trains or steamboats,. 517 gaming generally, 517 keeping or frequenting gambling houses, 517 owning interest in faro banks, 517 persons not excused from testifying in gambling cases, 517 INDEX. 649 GAMING,-continued. PAGE. keeping billiard tables for gaming,. 517 recognizance for good behavior,. 517 fighting cocks for a wager,..... 517 being present at cock-fight, &c.,. 517 GARNISHMENT, see FOREIGN ATTACHMENT,.. 397 GAS, standard of,....... 275 inspector-general and deputies,... 275 meters, how tested,.... 275, 276 deduction from price, if found below standard,.. 276 fees for inspection,..... 276 willful injury to gas works, lamps, &c.,... 505 fraud by consumer, or agent of manufacturer,.. 524 GAS COMPANY, frauds on,..... 524 injury to works of,... 505 GATES, double damage for throwing down,. 489 at railway crossings,...... 320 GAUGERS, to be annually elected by towns,... 24 GENERAL ASSEMBLY, how constituted; time and place of sessions,...... xlvii, lix members, disqualifications,.... lv each house to decide on qualifications and returns of its members,...... xlviii each house may punish or expel members,.. xlviii elected illegally or by undue influence,... 75 not to appear as attorneys, before committees, except, &c.,....... 80 oath of,. 548 compensation of,..... 174 Secretary to prepare rolls of members,... 10 organization, each house may choose its officers, and regulate its proceedings,.... xlviii mode of annual organization,... 78 majority, to be a quorum in each,... xlviii compensation of officers and employees,.. 174 not to be increased in any year for that year,. 174 how adjourned by Governor,.... xlvii, proceedings, petitions to, how returned; notice of,. 79 notice, if for release of convict; defence by State's Attorney,..... 80 as to School Fund, how heard,... 80 in joint convention, to elect State officers,.. 78 to elect U. S. Senators,.... 75, 76 each house to keep a journal,.... xlviii and a record of the yeas and nays,.. xlix journals to be printed and distributed,... 82 doings to be recorded by Secretary,... 8, 9 debates to be public,.... xlix Acts of, style of enacting clause of Public Acts.. xlvii 650 INDEX. GENERAL ASSEMBLY, Acts of,-continued. PAGE. style of Private or Special Acts,. 81 all bills and resolutions to be numbered by the clerk,. 80 and by the printer, also,.. so. 80 how printed,. 80, 81 printed copies, how distributed and kept,. 81 bills and constitutional amendments, how engrossed, 81 bills, how signed,. 81 all Acts to be presented to Governor for approval,. 1 reconsideration, if he disapproves,. 1 Public Acts to be published, annually, in all newspapers,. 9 Public Acts to be published, annually, in a pamphlet, 9 Private Laws to be published, annually, in a pamphlet, 9 distribution of these pamphlets,. 9 official record of,. 81 powers, in general,... xlviii not to take cognizance of judicial matters,.. 79 to ascertain and declare election of State officers,. xlix, 73 to revise returns of elections of justices of the peace,. 73 to choose Governor, if no choice by people,.. xlix to appoint, annually, a member of Board of Education, 14 a State prison director,.. 19 may fill vacancies in trustees of State Reform School,. 92 to appoint judges,..... lii of Supreme and Superior Courts by ballot,. 6 of the higher courts by concurrent vote,.. 60 may establish inferior courts.... lii prescribe jurisdiction of justices of the peace,. lii remove sheriffs for misconduct,... 31 make grants for contingent expenses,.. 81 items of, to be sworn to,... 11 grants and orders, not to be supervised by Controller,.... 10 inspect Executive journal,.... 14 to pension disabled militia-men,... 122 GENERAL HOSPITAL SOCIETY OF CONNECTICUT, exempt from taxation,...... 155 annual grant to,.. 100 to receive forfeitures from harbor-master,... 249 children born in hospital of, not to be settled in New Haven, 196 GENERAL ISSUE, plea of,.... 424 notice under,.... 423, 424 GETTYSBURG CEMETERY, cession of title to,.. 552 GIFT ENTERPRISES, prohibited,.... 521 GIRLS, commitment to Connecticut Industrial School for,. 94 GOODS, lost or unclaimed, how disposed of,.. 365, 366 wrongfully detained, replevy of,... 484-487 GOVERNOR, qualifications and mode of election,.. xlix, lvii INDEX. 6 51 GOVERNOR, -continued. PaoE. to hold office one year, xlix to be elected by General Assembly, if no choice by people, xlix salary, 1, 173 messages, 1 to execute the laws,. 1 to sign commissions,.., 22 to certify to appointments,. 22 to approve or disapprove laws,. 1 may convene or adjourn General Assembly, on special emergencies, xlvii, 1 to command the militia, 1, 113 may order them into active service,..'.. 111 or upon special duty, 12 1 may disband and organize companies, &c.,. 116 to make apportionments, on drafts,. 111 may appoint post surgeons,. 113 his military staff, 11.3 may remove, and fill vacancies in, when, 116 to approve nominations of commissioned officers, 115 orders to be issued through adjutant general,.. 118 to order courts-martial, 123 to approve their sentences, 12.4 may require information from State officers, 1 may grant reprieves,. 1 vacancy in office, how filled,. 1, li may be impeached; mode of trial, liv may appoint Executive Secretary, who shall record doings of Governor, 14 may sign civil process, 397 to be member of State Board of Agriculture, and may call it together, 18 to be a trustee of Conn. Hospital for the Insane, 96 a member of the Board of Education,.. 14 of State Board of Visitors of Sheffield Scientific School, 149 to appoint the Bank Commissioners, 16 Board of Charities, 19 Commissioners of Deeds in other States,. 22 Fish Commissioners,. 17 Notaries public, 21 State Chemists, notifying the Secretary thereof,. 20 Inspectors of steam boilers,.. 275 Insurance Commissioner,. 16 railroad or steamboat police, 33 to nominate Railroad Commissioners,... members of State Board of Agriculture,.18 may fill vacancies in State Prison Directors, 19 in trustees of State Reform School, when, 92 652 INDEX. GOVERNOR,-continued. PAGE. to order special election to fill vacancy in office of judge of Probate, 74 to order special election to fill vacancy in office of representative in Congress,. 76 appeal to, from decisions of Board of Charities, 20 may offer reward for apprehension of criminal, when, 543 may appoint agent to pursue fugitives from justice,. 544 to take advice of State's Attorney thereon,. 544 Executive requisition upon, from another State, 544 GOVERNOR'S GUARDS, enlistments in and dismissions from, 125 practice by musicians,.125 forfeitures, how proved and collected, 125 pay,. 125 annual returns of members,. 125 GRACE, on negotiable paper, 344 GRAIN, attachment of,. 404 willfully trampling down,. 503 GRAND JURORS, how many to be annually elected,. 24 forfeiture by town for neglect to appoint, 528 duties of, 531, 532 complaints to be made by, 531, 532 may administer oaths, when,. 531 meetings of, to inquire into offences, 531 may punish for contempt, 532 to sue for qui tam forfeitures, when,. 532 fees,..176, 178, 183 penalty for neglect of duty,. 528 GRAND JURY, in State courts, required where punishment may be death or imprisonment for life,. xlvi, 536 twelve must agree to find a true bill,.. 536 oath for,. 548 in Unite-d States courts, when required,. xl GRAND LIST, how made out by assessors, 153 how revised by Board of Equalization, 160 of preceding year, assessors may take, when, 153 GRANTS, Colony. of land, validated, 351 GRASS, willfully trampling down,. 503 GRAVES, depth for, 513 GRISWOLD PAPER COMPANY'S RESERVOIR, fishing in,. 225 GUARANTOR, discharge in insolvency of principal,.386 GUARDIAN, how chosen and appointed,. 190, 191 when father abandons child,. 191 of non-resident minors, 191 expenditure of income of, 192 to be appointed, whenever minor has property,. 192 bonds; resignation and removal,. 192 INDEX. 653 GUARDIAN,-continued. PAGE. testamentary,. 192 to provide for instruction of ward,. 126. 1'27 of married woman, when a minor,. 192 may apply to Probate Court for leave to sell ward's real estate, 56 or to mortgage it, 57 if sold by a third party, may receive avails,. 56 appointed in another State, may be allowed to remove property from this State, when, 57 may release mortgage title,..... 355 may be ordered to convey land, by court of equity,. 355 accountability, 192 to account to Probate Court annually,. 59 may give child in adoption, when,... 189 adc lite~iz, power to convey land, 355 GUIDE-POSTS, how to be erected,. 235 forfeiture for not erecting,. 526 treble damages for injuring,. 445 criminal prosecution for injuring, 504 GUILFORD, leases of oyster grounds in,. 216 GUNPOWDER, regulations as to keeping, transportation and use, 261 packages of, to be marked,.. 521 forfeiture for breach of duty as to,. 529 GUTTER, willful injury to, 501 HABEAS CORPUS, its suspension by State authority, xlvi its suspension by Congress,. xxxii issue and service of writ,. 476 penalty for disobeying writ,. i 476 hearing on the return, 476 punishment for contempt,. 476 proceedings in error; when execution is not to be stayed, 451 HALLS, public, safety of, how secured, 261, 262 HANGING, of criminals, how effected, 540 HARBOR-MASTERS, appointment and powers, 249 bonds, 249 penalty for resisting,.. 249 forfeiture for neglect of duty, 249 deputy harbor-masters, 249, 250 fees,.... 182 HARTFORD, to be the capital, xlvii, lix town meetings, how warned, 84 choice of registrars of voters in, 65 assistant registrars,.. 66, 72 electors meetings in, who to preside,... 71 hours of meeting,.. 70 at town or city meetings to elect officers, none to vote, unless registered,. 84 44 654 INDEX. HARTFORD, —continued. PAGE. collection of taxes in, how regulated,. 164, 552 compensation of collectors,..... 552 port-dues at, how collected and applied; port-warden of,. 251 speed of steamers near docks at,.... 252 bridge, highway over,... 552 HARTFORD COUNTY, how constituted,.... 1 HARTFORD HOSPITAL, exemption from taxation,.. 155 annual grant to,..... 100 children born in, not to be settled in Hartford,.. 196 HARTFORD ORPHAN ASYLUM, support of soldiers' orphans at, 95 HATCH POND, fishing in,.... 225 HAY, mortgage of,.... 359 attachment of,.... 404 exemption of, from execution,.... 456 levy of execution on,..... 457 HAYWARDS, election of,..... 24 HAZARD, games of, prohibited,... 517, 228 sales upon, prohibited,.... 521 HEARSE, town or church may buy,.... 293 HEALTH, town boards of; health officers and committees,. 258 right to enter on private property to investigate nuisances,. 258 notice of regulations by,. -... 258 powers as to quarantine,.... 258, 259 may order vessels to be disinfected,. 259 power to enforce orders,.... 260 may interdict intercourse with infected place,.. 260 fines, how appropriated,.. 260 powers as to pest-houses, and vaccination,.. 260, 261 records, how proved,. 439 HEIRS, by adoption,..... 110 distribution among,. 373, 374 to give bonds to refund, in case of debts, 374 suit against, when unknown,..... 410 witnesses to will, containing devise to, 370 HEREDITARY privileges not to be granted,... xlvii HIDES, inspectors of,..... 274 HIGH SCHOOLS, towns may establish,.... 141 high school committees,..... 142 supervision by school visitors,. 142 library and apparatus, State aid for,.... 142 HIGHWAYS, towns to build and maintain,... 231 bridges on line of,..... 231, 232 how crossed by railroads,.... 323 neglect to repair, how remedied,.... 233 compelling by mandamus,... 480 railings,.... 232 injury to railings,... 445 alteration for railroad purposes,... 324 INDEX. 655 HIGHIWAYS,-continued. PAGE. not to cross or be crossed by railroads at grade, except, &c., 232, 324 warning boards at grade crossings,.. 324 cattle-guards and fences, at railway crossings, 326 railroads, how compelled to make or repair,.. 326 liability for injuries through defects in,... 232 where defects are caused by horse railroad, 339 re-imbursement by party placing obstruction, 488 fences between highway and railroad,... 336 horse railway in,.... 339, 340 removal of snow from, by horse railroad company,.. 340 setting out trees in,.... 234, 235 bounty for watering-troughs on,. 235 guide-posts on,.. 235 exchange of common lands for,. 357 highway districts and tax collectors,... 233 surveyors of, to be annually elected,.. 24 selectmen to lay out,... 235 appeal to Superior Court,..... 236 lay-out of city and borough highways; assessment of benefits, 236 damages from change of grade,.... 236 assessment of benefits and damages, on lay out by selectmen, 236 remonstrance, and jury of re-assessment,... 237 fees of jurors,.... 176 discontinuance by selectmen,.. 237 by Superior Court,.. 240 damages, when highway is discontinued before being opened, 240 traveler on, action for railroad injury to,... 488 injury by lay-out of railroad, how remedied,.. 23 7 lay-out by Superior Court,..... 237 report of committee; remonstrances; jury of re-assessment; costs,...... 238, 239 service of writ of error,..... 450 order of court, how enforced,... 239 total assessments for benefits by town, not to exceed damages, 239 party interested may file a bond, &c.,.. 239 flowing by mill-dam,..... 234 draining upon private property,.... 233 obstructing by loitering by fences, &c.,... 509 turnpikes, if abandoned, may become,.. 241, 244, 245 nuisances to, how removed, and penalty for,. 253 railroad freight trains on crossing,.... 234 encroachments on, how removed, and penalty for,.. 253 goods abandoned on, how disposed of,... 365 drivers, how to pass each other; damages for neglect,. 234 teamsters, when to turn out,. 234 chained wheels to be drawn on a shoe,... 233 taxes, how laid,.... 161, 233 using town appropriation for private ways,... 234 6 056 INDEX. HIGHWAYS,-continued. PAGE. apportionment of, between town and borough,. 233 expenditure of, by borough,. 233 HOLIDAYS, legal, what are,. 344 HOMICIDE, degrees of murder; requisites of indictment,. 498 when punished by death,. 498 when by imprisonment for life,... 498 manslaughter,. 498 loss of life, &c., by intoxication of servants of railroad company, 498 assault or administering poison, with intent to murder,. 499 HORSE, stealing,....... 503 willful injury to,...... 504 obtaining use of, by false statements,... 525 using or unhitching, without leave,.... 504 letting out of enclosure, to impound,... 505 HORSE-RACE, betting on,..... 516 forfeiture for,...... 516 HORSE RAILROADS, organization under general railroad law, 315-317 not in cities or boroughs, 317 charters for not to be granted or amended, except on petition and notice,...... 79 not to use steam power,..... 339 may use certain motor power,.... 339 rails; form and laying of, how regulated,... 339 company to repair its track, and part of highway, 339, 340 removal of snow from tracks,.... 340 no brine to be used.. 340 penalty for obstructing track,.... 340 for using wagons fitted to track,... 340 abatement of municipal assessment against,... 91 annual reports,...... 340 General Assembly may inspect books of,... 340 general penalty,. 340 see RAILROAD COMMISSIONERS, and RAILROAD COMPANIES. HOSPITALS, inspection by Board of Charities,... 19 see CONNECTICUT HOSPITAL FOR THE INSANE, HARTFORD HOSPITAL, and GENERAL HOSPITAL SOCIETY OF CONNECTICUT. HOTEL-KEEPERS, fraud on,..... 525 to give notice, if guest has contagious disease,.. 260 HOUSATONIC RIVER, shad fisheries in,... 222 assessment of damages for injury to,... 222 HOUSE OF ILL-FAME, punishment for keeping or frequenting, 511 frequenters of, may be sent to work-house,... 109 or bound to good behavior,.. 511 forfeiture of lease; summary process under,.. 493 penalty for letting premises for,. 511 acting as servant in,.. 511 INDEX. 65 7 HOUSE OF ILL-FAME, —continued. PAGE. criminal causes as to, to be tried first term,... 536 HOUSE OF PUBLIC WORSHIP, willful injury to,.. 50) see CHURCH. HOUSE OF REPRESENTATIVES, of Connecticut, how constituted; number of members,. xlvii, xlviii, lix towns of 5000 inhabitants to send two representatives,. lix powers,...... xliii, ix to initiate all impeachments,.... liv Secretary to prepare roll of members,... I 0 mode of annual organization,.. 78 grants for contingent expenses,.... 1 see GENERAL ASSEMBLY. of the United States, how constituted,.. i to decide on qualifications of its members,.. xxx quorum; rules; journals; entry of yeas and nays; adjournments; to originate revenue bills,.. xxxi HOUSEHOLD FURNITURE, attachment of,... 404 exemptions from execution,..... 455 levy of execution on,..... 457 mortgage of,.... 359 rights of insolvent debtor in,.... 384 set out to widow of insolvent, when,... 375 HUNDRED WEIGHT, avoirdupois, to be a hundred pounds,. 273 HUNTING, trespass in unlawful,..... 230 see GAME. HUSBAND AND WIFE, marriage,... 185, 186 wife's real estate,...... 186 conveyances of wife's real estate,.... 353 wife's personal estate,.... 186, 187 husband's duty as trustee,..... 186 his accountability as such, and removal,... 187 life insurance for wife's benefit,.... 187 payments to wife, when valid,.... 187 husband's rights cease on abandonment,... 18 7 wife may then convey her lands, how,... 186 lien of husband on wife's lands, for betterments,.. 361 possession of, after her decease, as tenalnt by the curtesy,. 392 husband neglecting to support wife may be sent to workhouse,....... 109 may apply for power to sell wife's land, if she is a minor,. 56, 57 if husband is insane, wife may convey her land, when,. 56 if incapable, a conservator may be appointed over her estate, 348 conservator may convey wife's land,.. 348 dower,..... 376, 377 actions by and against,... 417 exemption from execution of husband's interest,.. 456 witnesses for each other in criminal cases,... 538 see CHILDREN, DIVORCE, MARRIAGE, MARRIED WOMEN. 658 INDEX. PAGE. HYDRAULIC WORKS, willful injury to, 504 ICE, defiling ice ponds,. 504 IDLE PERSONS, may be sent to work-house,.. 109 ILL FAME, house of, punishment for keeping,.. 511 for frequenting,. 511 for letting tenements for,. 511 for acting as employee in,. 511 frequenters of, may be sent to work-house,. 109 forfeitures of lease, of house used for, 492 summary process under lease, 492 ILLEGITIMATE CHILD, bastardy proceedings against father, 469, 470 secret delivery, or concealing birth of,. 511 ILLUMINATING OILS, &c., inspectors of,... 261 naphtha not to be mixed with,.. 521 not to be inflammable at less than 110~, 521 IMPEACHMENT, under the authority of Connecticut, all executive and judicial officers liable to,. lii, liii proceedings to be instituted by House of Representatives, and tried by Senate,... liv Chief Justice to preside when Governor is tried,. liv Governor cannot reprieve in case of conviction, 1 judgment on conviction,... liv no bar to criminal prosecution,... liv under the authority of the United States, who may be impeached,.... xxxv tried by the Senate: mode of trial: judgment,. xxx IMPLEMENTS OF TRADE, exempt from execution,.. 455 mortgage of,..... 359 IMPOUNDING ANIMALS, see POUNDS,.. 209, 254 IMPRISONMENT, mittimus required on commitments,.. 108 on civil process, officers of State prison exempt from,. 103 on execution,..... 459 bail,........ 411 release of body, where execution is not taken out,.. 460 exemption from, on civil process,.. 460 release on habeas corpus,..... 476 see FALSE IMPRISONMENT; JAILER; JAILS; STATE PRISON; WORK-HOUSE. INCAPABLE PERSONS, conservators and overseers of,. 346-350 see CONSERVATOR, iNSANE PERSON, OVERSEER, REAL ESTATE. INCENDIARY FIRES, inquiring into cause of,.. 206 INCLOSURES: see FENCES,.... * 207 INDEMNITY, to community by member defending suit,.. 417 from petitioner for injunction,. 478 INDORSER, notice to,...... 344 discharge in insolvency, of maker,.... 386 INDEX. 659 PAGE. INDECENT EXPOSURE, of person,.... 513 INDECENT LANGUAGE, following with,.. 509 INDECENT MATTER, publishing of another,... 509 INDEPENDENCE DAY, notes falling due on, 344 INDIANS, overseers of tribeS; bonds of overseers,.. 5 accounts of overseers, 5 members of tribe not to alienate tribe property, 6 actions against, when allowed, 6 adverse possession not to give title against,. 6 stealing wood from,. 6, 505 giving or selling liquor to, 6 property, how aliened by Superior Court, 6 Pequot tribe, funds of, how managed, 552 to be exempt from taxation, 552 Mohegan tribe, Act of 1872, 553 INDIFFERENT PERSON, direction of civil process to,.. 398 oath required from plaintiff,. 550 writ to abate, if needlessly directed to, 398 costs for service by,. 446 service of subpoena by,.. 435, 533 of execution for State taxes, 454 direction of criminal process to, 533 INEBRIATE ASYLUM, commitments to,... 99, 100 INFLAMMABLE FLUIDS, not to be sold, igniting below 1100, 521 INFORMATIONS, by State's Attorney, in criminal cases, 531, 532 in the nature of a quo warranto, 482 INFORMER, common, qui tam suits by,... 526-529 INFORMING OFFICERS, 531, 532 original information, in Superior Court, 531 duty of grand jurors, 531 grand jurors may administer oaths, when, 531 may meet to inquire into offences, 531 may punish for contempt, 532 in cases not capital, information or complaint may be filed,. 532 may prosecute qui tam suits,. 532 complaints for violation of election laws, 532 of license laws,... 20, 521 INJUNCTIONS,...... 477-479 issue of writ, 477 petition to be on oath,. 477 ex parte injunctions,. 477 malicious use of land by owner, 477 nuisances from factories, 477 notice of petition for injunction against manufacture of fish oil, 478 bond of indemnity by petitioner, when required, 478 order of abatement,.... 477 temporary injunction, 478 costs, 478 on application to dissolve, 446 660 INDEX. INJUNCTIONS, —continued. PAGE. against insolvent banks,.. 288 insolvent debtor,. 384 against railroad companies, if road is out of repair,. 321 against obstructing navigation'by a bridge,... 231 who may be heard on injunction petitions,... 478 hearing-on motion to dissolve,... 478 transfer-of hearing of motion to dissolve,. 479 dissolution by advice of Court of Errors,... 479 adjourning execution and tax sales, pending injunction, 479 INJURY, willful to any personal property of another,.. 504 INN-KEEPERS to give notice, if guest has contagious disease,. 260 frauds on, how punished,..... 525 INQUESTS, Coroners', penalty for not attending,.. 205, 529 for not summoning jury,.. 529 jury, when to consist of six,.... 206 fees in such case,.... 18-1 INSANE ASYLUMS, commitments to,... 98, 99 inspection by Board of Charities,.... 20 discharge of patients from,. 98 Hartford Retreat, support of town poor at,... 25 Connecticut Hospital for the Insane,... 96, 97 INSANE PERSON, confinement, on physician's certificate,. 98 if found to be dangerous,.... 98, 99 support of pauper,...... 2, 9 wife of, may convey her land, how,. 56 dipsomaniacs,..... 99 see INCAPABLE PERSON, INEBRIATE ASYLUM, INSANE ASYLUMS. on acquittal, in a criminal prosecution, to be confined in asylum,....... 536 subsequent release,.... 37 INSOLVENT DEBTORS,..... 378-386 voluntary assignment by, ~.. 378 not to invalidate transfers made sixty days before,. 378 nor any made on a present consideration, 3 79 fraudulent retention of possession, or withholding from record,.. 379 assignment by corporation,.... 379 involuntary proceedings by creditors,. 379 against non-residents,..... 380 intervention of other creditors,.. 380 fees and costs, how paid,.... 381 bonds required from petitioner, when,. 381 injunction to prevent insolvent from making away with his property,....... 384 seizure of his property before appointment of trustee,. 393 proceedings to be in what Probate district,... 386 date of their commencement,.. 386 INDEX. 661 INSOLVENT DEBTORS,-continued. PAGE. trustee in insolvency, not to act, till approved by Probate Court,. 381 appointment of, by court,. 381 refusal to accept,. 381 vacancies, how filled,.. 381 bonds; removal for want of,. 382, 392 transfer of title to, by certificate from Court,.. 382 power to sue, and submit to arbitration,. 386 may have party, withholding estate, examined, 393 accounting by,. 393 oath to accounts,.... 393 attachments, foreign attachment of claim against,.. 397 proof of claim under,.... 409 assignment to dissolve prior attachments, &c.,. 383 their renewal, if insolvent proceedings fail, 383 officers' receipts, &c., to be given up to trustee, 384 proceedings in settling estate. inventory and appraisal,. 387 of estate out of the State,. 388 appointment of commissioners,. 389 limitation of time for proving clainms,.. 389 re-opening commission,. 38-9 notice of limitation, &c., 389 what claims provable,.. 389 claim not presented in time, provable if new estate is discovered,. 389 no merger by judgment, &c.,. 390 secured claims; valuation of security,.. 390 report of commissioners,. 389 review of report,... 390 appeal from,.. 390, 395 trial of appeal before auditors, when,.. 391 appeals privileged in order of trial, 430 notice of disallowance of claim, 391 when one commissioner may act alone, 391 when a third may be added,. 391 removal of commissioner,.. 391 disqualifications of,. 391 exception for disqualification,.. 391 resignation. of,... 391 termination of proceedings, for want of a trustee,. 381 on payment of petitioning creditor,.. 382 on payment of all creditors,.. 382 privileged claims; for labor,.. 382 costs of attaching creditors,. 383 662 INDEX. INSOLVENT DEBTORS, proceedings in settling estate,continued. PAGE. privileged claims; of State, and United States,. 386 release of right of way of insolvent railroad,.. 383 interest in vessels at sea,.... 383 working up unfinished materials,... 384 calling in assessments, on unpaid stock in corporation,. 383 sales by trustee, how ordered,. 393 on credit,.... 383 by another, and purchase by trustee,.. 395 employment of insolvent, as agent of trustee,.. 383 allowances to insolvent; furniture,... 384 cash,. 385 proceedings to obtain, 384, 385 discharge, when granted,. 385 form of,.. 385 void, if fraudulently obtained,. 386 to discharge debtor, only,.... 386 proceedings by or against joint parties,.. 386 where estate is withheld from trustee,. 398 advertisement of notices,.... 395 INSOLVENT ESTATES OF DECEASED PERSONS,. 375, 376 exhibition of claims,. 375 payment of charges and claims,.... 375 what to be set to widow,..... 375 sale of estate,...... 375 settlement, if insufficient to pay any debts,... 376 foreign attachment of claim against,.... 397 See ESTATES OF DECEASED PERSONS and INSOLVENT DEBTORS. INSPECTOR GENERAL OF GAS METERS,... 275 INSPECTORS of fish,...... 274 imported shad, not to be inspected,. 527 violation of inspection laws,. 527 altering contents of cask, after inspection,... 527 exporting fish, without inspection,.... 527 penalties, to whom payable; qui tamn suits,... 528 fees,. 182 of shad nets,....... 222 of illuminating oils, &c.,..... 261 of buildings,....... 262 of steam boilers,..... 275, 521 INSURANCE, by mortgagees,..... 358 INSURANCE COMMISSIONER, appointment; term of office; disqualifications,... 16 vacancy, how filled,. 17 general powers; fees; report,.... 17 returns to,...... 170, 301-306 certificates from,..... 302, 304, 305 INDEX. 663 INSURANCE COMMISSIONER,-continued. PAGE. licenses by,.., 305, 306 revocation of license,... 307 to approve trustees of deposits by foreign companies, 303, 304 answers to inquiries by,. 301 examination of companies by, 302, 305 to compute necessary re-insurance reserve of life companies, 305 may wind up companies, how,... 309 salary and expenses,.... 173 INSURANCE COMPANIES, fire and marine insurance, 300 conditions to be stated in body of fire policy,. 301 limit for single fire risks,... 301 annual returns,... 301 examinations by Insurance Commissioner, 301, 302 reduction of capital,.. 302 subsequent increase,... 302 mutual insurance of personal property,. 302 life insurance,... 304 companies not to commence business, till approved by Commissioner,. 305 annual returns,. 304 re-insurance reserve, how computed,.. 305 examinations by Insurance Commissioner, 305 attempt to defraud by pretended death,. 524 policies for wife's benefit,. 187 general provisions as to home companies, not to change location,. 280 consolidation of companies,.. 307, 308 annual returns to Controller, 169 taxation of,.. 170 when insolvent, set-off on premium notes,. 308 mutual insurance, how conducted,. 308 suits on policies, limitation of,.. 308 deposits of securities with Treasurer,.. 308, 309 winding up by Insurance Commissioner, 309 companies, not chartered by this State, 303 form of fire policies; limit of risks,.. 301, 304 information to be given to Commissioner, 301 must have $150,000 capital,.... 302 and if of a foreign country, $200,000,... 306 and make certain returns, and receive certificate, 302, 304, 306 and appoint a resident attorney,.. 302, 307 licenses to foreign companies,.... 306 mutual companies,.... 302 examination by Commissioner,... 302, 305 revocation of license,.. 307 capital of fire insurance companies, how computed,. 303 annual returns by,..170, 304 taxation of,. 170 664 INDEX. INSURANCE COMMISSIONER, companies, not chartered by this State,-continued,. PAGE. annual returns by life insurance companies,.. 305 if insolvent, set-off on premium notes,.. 308 discriminating regulations against,.. 308 duties of agents,... 309 penalties, for attempt to defraud accident insurance company by pretended accident,. 524 for breach of laws as to companies chartered out of this State,..... 527 general penalty,.... 310 INSURRECTION, taking part in, disqualifies for U. S. office,. xliil INTEREST, legal rate,...... 351 forfeiture for usury,. 351 rate allowable in judgments,... 351 to be collected on execution,... 453 on town orders, how stopped,... 28 on deposits in savings banks,..... 292 on deposits by savings banks,... 292 INTERPLEADER, bill of by garnishee,.... 409 INTERPRETER, oath of,..... 549 INTESTATE ESTATE, see ESTATES OF DECEASED PERSONS,... 3 INTOXICATED PERSON, damage done by, liquor dealer to pay for, when,..... 269 INTOXICATING LIQUORS, definition of term,.. 553 licenses to dealers in; form, term, and fees for,.. 268 application for license,.... 268 recommendation for, by selectmen,.. 268 town may vote not to license any dealers, 2-69 or to give only a partial license,.. 269 sales to drunkards, how prohibited,-... 269 damages done by intoxicated person, how paid for,. 269 not to be. given or sold to Indian,.... 6 or to prisoners in jail,.. 104 prosecution for furnishing to prisoners,..: 507 analysis of by State Chemists,.... 20 fees for; when taxed in costs,.... 174 illegally kept, to.be a nuisance,.... 270 penalty for illegally selling, keeping, &c.,... 520 for selling to minor, drunkard, &c., 520 for keeping a liquor saloon, &c., without license, 520 for keeping open between twelve and five in the.night,.... 520 for neglect of official duties, as to,... 520 jurisdiction of prosecutions under license law,. 520 duty to prosecute on sworn complaint,.. 521 manufacturing or selling adulterated liquor,. 520 closing liquor saloons on days of election,. 520 IXDIEX. 665 INTOXICATING LIQUORS,-continued. PAGE. prosecuting agents, 269 fees of, 270 trial may be adjourned for analysis of liquoirs by State Chemist, 20 proceedings against in remo,... 270, 271 to be civil actions,.. 271 to be privileged as to order of trial,.271 fees pn,.. 183 sQld by importers in original packages,... 272 contracts predicated on illegal sale of, when void, 272 persons found drunk may turn State's evidence,.. 271 INTOX]ICATION, punishment for,.... 513 INVENTORY, of estates, how made,... 387 INVOLIUNTARY INS.OLVENCY, proceedings in,. 379, 380 ISSUE, closed to the court,.... 442, 444 to the jury,...... 428, 442 in abatement; pleading over, 420 special finding by court,. 444 special verdict,.. 443 JAILER, meaning of term, as used in statutes,. 108 appointment, and removal,... 32, 104 to hold over, after death, &c., of sheriff,... 32 to be general agent of jail,.... 105 duties regulated by County Commissioners,.. 104 what prescribed by law,... 105 liability of sheriff, for default of,.... 104 liability for maltreating prisoners,.... 104 forfeiture for giving them liquor,.... 104 criminal prosecution for,... 507 to furnish support for prisoners, on criminal process,. 105 on civil process, if they ap-. ply for poor debtor's oath, 106 compensation, and fees for boarding prisoners,.. 104 fees and commissions,.... 181 JAILS, location, of,... 104 to be built and maintained by county,... 167 to be under charge of the sheriffs,.... 104 jail liberties,... 105 when andc how to be used as work-houses,.. 109, 110 no commitments to, except by a mittimus,... 108 commitment for not paying judgment in trespass, when,. 489 inspectors of,. -.... 105 chaplains,. 104 how supplied with bedding and fuel,... 104 prisoners may supply themselves,. 104 to pay expenses of their commitment and board,. 104 on civil-and criminal process to be kept separate,. 106 666 INDEX. JAILS,-continued. PAGE. prisoners, discharge of on taking poor debtor's oath,. 106 convicts shall, and others may labor,... 105 discharge of when held for fine or costs,. 105, 540 under sentence of a justice of the peace,. 540 escape of prisoners held on civil process, liability for,. 108 penalty for aiding in escape,... 507 annual returns, by County Commissioners,... 105 transfer of prisoners from one jail to another,. 107 from State prison to jail,.. 103 may be used by United States,.... 108 JEWS, may form ecclesiastical societies,.... 294 exempted from operation of Sunday laws,... 522 JOINT CONTRACTORS, discharge in insolvency of one,.. 386 service of process on part only,.... 410 failure of suit against one,..... 444 discharge of one,.... 441 insolvent.proceedings by or against,. 386 JOINT DEFENDANTS, service of process in part,.. 410 failure of case against part; costs,... 444 plea of discharge to one,.... 441 JOINT STOCK CORPORATIONS,... 310-315 organization; articles of association,... 310 par value of shares,..... 310 may hold what property,... 313 meetings, how warned,..... 310 purposes, how declared, and varied,. 311 change of name,..... 312 change of location,.....315 evidence of organization,... 439 increase of capital,...... 311 reduction of capital,....... 311 purchase of shares, to accomplish reduction,.. 311 stockholders liable to creditors, when,.. 314, 311 directors, and officers,.... 312 secretary must reside in this State,. 312 annual returns to Secretary,. 312 Secretary to register and index returns,... 312 books, where kept,.... 313 stockholders may inspect books,.... 313 directors liable to creditors, when,. 314 penalty, if officers swear to false returns,... 313 may sell stock to satisfy liens,... 314 may sell mortgaged stock,..... 314 winding up, on petition of one stockholder for cause, 281 on petition of one-third of the stockholders,. 315 on petition of corporation,... 281 see CORPORATIONS. JOINT TENANTS, actions by one,.... 417 INDEX. 667 JOINT TENANTS,-continued. PAGE. actions of account between,.. 467 statute of limitations, when not a bar in, 494 partition between,.. 480, 481 where interest is contingent, 480 sale of estate, by order of court,... 481 legatees of personal estate, distribution among,,. 371 JOINTURE, when to bar dower,. 377 JUDGE ADVOCATE, appointment and duties, 123 oath of,.... 548 JUDGES, to be appointed by the General Assembly, lii, 60 terms of office; disqualified at seventy, lii not to be sheriffs, deputy sheriffs, or constables, 34 orders of notice by,. 410 resignation,. 60 when disqualified to act; waiver of disqualification,. 60 presiding judge to have casting vote,. 60 may sign civil process returnable to their courts,. 397 may take depositions,. 435 power to discharge party committed for contempt,. 61 revising decisions of a judge,.... 450 remanding cause to the judge, after decision of Supreme Court,. 451 writ of prohibition against,. 481 power to celebrate marriages, 186 oath of,..... 548 salaries,. 174 see SUPREME COURT OF ERRORS, SUPERIOR COURT, COURT OF COMMON PLEAS, DISTRICT COURT, PROBATE, COURT OF. JUDGMENTS, issues of fact closed to the court: special finding,. 444 facts to be found in equity proceedings,. 444 on verdicts: assessment of damages,. 444 rate of interest allowable in,. 351 for one defendant, and against others, 444 fraudulent,.... 345 offer of, proceedings on,. 430 damages on penal bonds,. 444 proof of intent in publishing libel; refusal to retract,. 445 double damages for forgery,. 445 treble damages for theft,. 445 for injury to bridge,. 445 for injury to monument or railing on highway, 445 for vexatious suits, 445 for forcible entry or detainer,. 475 of nonsuit,. 418, 423 of nihil dicit,. 423 by default,.. 418 how opened,.. 448 668 INDEX. JUDGMENTS,-continued. PAGE. costs, when not to exceed damages,. 445 formal defects in,..... 420 remitting. excess, if too large,.... 42 to carry interest,.... 453 practice on reversal of judgment in Supreme Court,.. 451 on reversal of judgment in other courts,.. 451 on affirmance of judgment below,... 451 releasing,stay of execution, pending writ of error,.. 452 after judgment on writ of error,.. 452 in forcible entry or detainer, no proof of title,.. 475 nor in summary process,..... 492 see COSTS, and DAMAGES. JUDICIAL DECISIONS, reporter of,... 47, 174 of other States and countries, reports of, as evidence,. 438 JUDICIAL DISTRICTS, for Supreme Court of Errors, how constituted,... 45 for District Court in Litchfield County, how constituted,. 37 JUDICIAL OFFICERS, oath of,..... 548 see JUDGES. JUDICIAL PO~WER OF THE STATE, where vested,.. ii JUDICIAL RELIEF, petitions for, not to be brought to General Assembly, when a court can grant it, -.. 79 JUGGLERS, unlawful exhibitions by,.... 528 JUNK SHOPS, how licensed and inspected; dealers to keep books, and enter articles bought,.... 26 penalty for keeping without license, or dealing with minors, 518 JURISDICTION, of the United States, territorial, when exclusive, xxxii over admiralty causes,. xxxvi of courts, in civil actions, suits before justices of the peace,... 413.for between $100 and $500,... 413.for over $500,..... 413.foreclosure or redemption bills,... 413.of replQvin,.... 485,of account,...... 414.for sale of real estate, owned by several,.. 414 transfer of action of replevin, where amount proves too large,........ 486 transfer of ~action, on plea of set-off, exceeding jurisdiction,...... 425 transfer of jury cases to another county,.. 416 of cases to New Haven county Common Pleas, 415 suits involvinig land titles, local, ~.. 414 others to be brought, where,.. 414 petitions for. partition or sale, where brought,.. 414 foreclosure Qf railroad mortgage,.. 333 land lying in several counties or towns,.. 414 suits before a justice of the peace,.. 414 INDEX. 669 JURISDICTION, of courts, in civil actions,-continued. PAGE. suits by foreign corporation,... 415 by non-resident executor or administrator,. 415 appeals from judgments of justice,... 415 of courts, in criminal cases, of justices of the peace,... 532 complaint and warrant,. 532 conviction, on view,. 532 justice warrants may be served anywhere in the State, 533 justice may sentence, or bind over, when,. 533 limit of final jurisdiction of inferior courts,. 533 binding over,. 533 sentence to work-house, 535 violations of license law, 520 original jurisdiction of Superior Court, 531 venue, and change of venue,. 537, 538 over offences committed on the water,. 546 on cars or steamboats, 532 exceeding; remedy by prohibition,. 481 by quo warranto, 482 JURORS, election of,... 431 number to be elected in each town,. 431, 432 election of, for justice courts,.... 432 town jury boxes,. 432 exemptions from jury service,. 432 summoning and drawing jurors,... 433, 39 all names drawn to be returned to the box,... 433 return of warrant,... 433 oath of,. 548, 549 summoning additional jurors, 433, 434 juries impaneled by lot,.... 4)33 penalty for non-attendance,.. 434 talesmen: oath,. 434 summoning justice jurors,. 434 talesmen: penalty for non-attendance, 434 peremptory challenges in civil actions,. 434 in criminal prosecutions, 538 tampering with, 5 07 not to converse with others, as to the cause,. 507 disclosure from, compulsory,. 507 in highway cases to re-assess damages or benefits,. 238 on flowage petitions,. 473 in forcible entry and detainer, 475 in summary process,... 491 fees,.... 176 JURY, right of trial by, in United States Courts, in civil cases,. xli in criminal cases, xxxvi, xli 45 670 INDEX. JURY,-continued. PAGE. right of trial by, in State Courts, in civil cases,. xlvii separate jury docket,. 428 in forcible entry and detainer,. 475 to re-assess damages in highway cases, 238'on flowage petitions,... 473 in criminal cases,. xlvi waiver of,. 537 peremptory challenges, 434, 538 charge to,... 42, 539 of inquest,. 205, 206, 529 oath of,...... 549 when to be summoned in Superior Court,... 433 in Court of Common Pleas,.. 39, 433 in District Court,. 39, 433 in justice suits,. 428 in summary process,. 491 questions of law to be decided by the Court; of fact by the jury,. 443 request to charge jury in writing,.... 443 motion for nonsuit,. 444 proceedings to set aside nonsuit,. 444 special verdicts,. 444 returning jury to a second and third consideration,. 444 duty of officer in attendance,. 443 penalty for misconduct,... 507 duty of jurors in the jury room,... 443, 507 verdict by nine jurors by consent of parties,.. 444 judgments on verdicts,. 444 JUSTICE, administration of, punishment for obstructing,. 507 JUSTICE OF THE PEACE, to be appointed in each county; jurisdiction to be defined by General Assembly; how removable, lii, lviii election; returns of; revision of returns; vacancies, how filled, 7 0, 73 number,.... 35 term of office,. 35 not to be a sheriff, deputy sheriff, or constable,. 34 neglect to take oath, vacates office,.. 35 officer administering oath of office, to return the. same, 35 who may certify to official character, 35 may take depositions,. 435 may join in marriage,.... 186 may act on board of health,. 258 powers as to confinement of dangerous lunatics,. 99 forfeiture of gaming implements,. 229 civil jurisdiction, of what actions,.. 413 venue,. 414 may issue process,. 36, 397 return-day of writs before,. 398 service and return of writs before,... 401 INDEX. 671 JUSTICE OF THE PEACE, civil jurisdiction, continued. PAGE. may take confession of debt,. 36 may try case before return-day, by consent,.. 37 continuances, when defendant does not appear,. 420 if disqualified, parties may substitute another,.. 36 when absent or sick on day of trial, may try case afterwards,...... 36 his death, pending suit, not to abate it,.. 36 actions of account,..... 467 may appoint auditors, when,.... 429 scire facias on a foreign attachment,... 462 summary process,.... 491, 492 proceedings in rem, against fishing boats, &c.,. 220, 224, 228 may finish up all matters in progress, if not re-elected, 36 election of justice jurors,.... 432 liability to service of,.... 433 jurors' fees,...... 176 appeals,. 415 raising demand of damages, after appeal,.. 416 entry of appeal,. 416 only one counsel to be heard on each side, on appeals, 61 costs in appellate court,... 416, 44 writs of error,...... 449 petition for a new trial, for want of notice,. 448 when disqualified to act; disqualification, how waived, 60 power to punish for contempt; discharge of party committed for contempt,..... 61 to make returns of fines, &c., to town treasurer,. 27 punishment for neglect,. 501 files and records of justices, not in office, when to be kept by town clerk,... 440 files and minutes, when evidence in lieu of record,. 440 justices not in office, may perfect records, when,. 440 penalty for not accounting for moneys received,. 525 fees,...... 177, 183 crimlinal jurisdiction,.... 532 to issue warrants,... 532 which may be served in any county,... 533 judgment, on view,.... 532 over offences committed on cars or steamboat,.. 532 may sentence or bind over, when,... 533 limitation of final jurisdiction,.... 533 binding over,..... 533 sureties of the peace, when required,... 534 bonds on adjournments,.... 534 search warrants, in cases of cruelty to animals,. 533 sentence to work-house,... 535 appeals from, how vacated,... 542 may issue warrant to transport criminals through the State,..... 544 672 INDEx. PAGEO JUSTICE OF TItE PEACE, criminal jurisdiction,-continued. orders for costs on town treasurer,.. 542 fees before,. 542 KEEPERS, in criminal cases, costs for, what allowed,.. 542 KIDNAPPING free person,.... 500 fraudulent misrepresentation, designed to effect, 499 child under twelve,. 499 KILLING, see DEATH, and HOMICIDE,.. 498 LABEL, packages of explosive material to have,. 521 spools of cotton sewing thread to have, 274, 527 counterfeiting,. 523 LABOR, claims for, against insolvent estates, privileged,.. 382 on railroad, a lien on,. 361 what a legal day's work,.... 194 assignment of claim for future earnings; recording, 409 LABOR STATISTICS, Bureau of,... 21 LAGER BEER, license to sell,... 269 LAMBS, protection against dogs,... 267 LAMPS AND LAMP-POSTS, public, injury to,... 501 LANDLORD AND TENANT, see LEASE,... 354 LANDS, how conveyed and mortgaged,... 352-355 common and undivided,... 356, 357 forcible entry or detainer of,... 474, 475 boundaries, if lost, how established,.. 355 partition of, between co-tenants, &c.,.. 480, 481 judicial sale of, when owned by co-tenants, &c.,.. 481 attachments of,. 402 record of conveyances, how kept and indexed,. 26, 353, 354 release of mortgage, how noted,.. 27 maps,..... 27 attachments,.. 27 of deceased persons, conveyance by order of Probate Court, 57, 394 by surviving executor,.. 355 of married women, how conveyed,.... 353 of incapable persons, how conveyed,.. 347-350 of one under conservator, how sold, 347 malicious use of, injunction against,.. 477 action for,. 488 limitation of time for entry, after disseisin,. 493 see REAL ESTATE; COMMON LANDS; DEEDS. LAPSE, of legacy or devise, provision against,... 370 LARCEN Y, treble damages for,.... 446 degrees of,.... 503 of horse or mule,...... 503 of poultry,....... 503 from the person,...... 503 receiving stolen goods,..... 503 INDEX. 673 PAGE. LASCIVIOUS BEHAVIOR,... 511 LAWN, willfully trampling on, 503 LAWS, of each General Assembly to be published, annually, 9 effect of this Revision upon former laws, 551 of other States, evidence of,. 438 LEASEHOLD ESTATES, attachment of,.. 403 levy of execution on,. 461 LEASES, of lands, how executed; record of, 354 holding over, no proof of new lease,.. 354 parol, when valid,.... 441 monthly leases, 354 rents cease, if premises become un tenantable, 354 attachment of lessee's interest under,... 03 for house of ill-fame, 511, 492 waste by tenant, 490 summary process to recover possession, 491 notice to quit; complaint and summons,.. 491 judgment,. 491 assignees and mortgagees,. 491 lease of county property,.... 492 lease of town property,.. 492 by reversioner or remainder-man,... 92 use of leased premises as house of ill-fame, 492 the judgment no proof of title,... 492 notice to quit, waived in lease,. 492 writ of error; bonds,.... 492 LEATHER, inspection of,. 27 4 LECTURE, designed to encourage procuring of miscarriages or abortions,. 499 LEGACIES, to subscribing witnesses, when void,...:3 69 when chargeable on lands,.... 370 not to lapse, when,.. 370 to corporations or association, notice of,. 371 when taken for debts, right to contribution,. 371 sale of land to pay,. 371 distribution of joint legacy,..... 371 action of account for, between co-executors, 467 foreign attachment of,.. 397 levy of execution on, under,.., 465 LEGAL HOLIDAYS,.. 344 LEGISLATIVE POWER, of the United States, where vested, xxix of the State, where vested, xlvii LEONARD POND, fishing in,. 225 LEWD PERSONS, may be sent to work-house,... 109 LIBEL, special statute against,.... 509 truth admissible in defence of action for,... xlvi and want of malicious intent, 445 failure to retract, on request,. 445 limitation of civil action for,.... 494 674 INDEX. PAGE1. LIBERTY, protection by U. S. Constitution,... xli, xlii by State Constitution,... xlvi writ of habeas corpus,. 476 of speech and press guarantied,... xlvi see KIDNAPPING. LIBRARY, exemption from execution,.... 458 injury to book, print, or articles in, how punished,.. 501 public, how established,..... 86 how maintained,..... 87 State, see STATE LIBRARY,.... 21, 81 LICENSE, to auctioneers,. 518 to foreign insurance companies,.... 306 to liquor dealers,...... 268 to pilots,...... 250 fees for,....... 175 LIENS,...... 358-363 by mortgage of real estate,.... 358, 359 chattel mortgages,..... 359-361 mechanic's,....... 359 on railroads,....... 361 on vessels,...... 362, 363 of remainder-man,..... 361 of disseisor, for betterments,.... 362 of husband, on wife's lands,... 361 for board and lodging, on baggage, &c.,... 363 discharge of certificate of,..... 363 on land for taxes,...... 163 attachment, duration of,..... 404 jurisdiction of suits to foreclose or redeem,.. 413 LIEUTENANT GOVERNOR, qualifications, mode of election, term of office, and pay,.... xlix, I, lvii majority required to elect,..... 74 vacancy, how filled,.. li, 74 to be President of the Senate, with casting vote,.. 1 to be the Governor, in case of vacancy,... to be member of State Board of Education,.. 14 of State Board of Visitors of Sheffield Scientific School,..... 149 may sign civil process,.... 397 salary,....... 173 LIFE, protection by U. S. Constitution,.... xli, xlii by State Constitution,.... xlvi loss of, by negligence of railroad company, actions for, 422, 488 limitation of time for suing company,... 495 see DEATH. LIFE ESTATE, in real estate, taxation of,... 158 waste by tenant,.. 490 summary process, on lease by life tenant,.. 492 in personal estate, distribution of,.... 371 INDEX. 675 LIFE ESTATE,-continued. PAGE. security to remainder-man,.... 371 LIFE INSURANCE, policies for benefit of married women,. 187 see INSURANCE COMPANIES. LIGHTS, ancient,....... 355 LIMB, willful injury to,...... 499 LIMITATION, of time for proving will,.... 371 for granting administration,.. 372 for bringing actions against executors, &c., 388 LIMITATION OF ACTIONS. of civil actions,.... 493-496 ejectment,...... 493 abatement of former action by death of defendant,. 494. suits on specialties,..... 494 on simple contracts,..... 49.4 settlement of partnership or joint accounts,.. 494 trespass on the case,..... 494 oral contracts; trespass; and slander,... 494 scire facias against garnishee,.... 494 forcible entry and detainer,.... 494 for a penal forfeiture,..... 494 action on bail bond, or bond for costs,... 495 against officers for neglect of duty,... 495 bastardy process,..... 495 suits against railroad company for loss of life,.. 495 time when defendant is out of the State, excluded,. 495 failure of suit brought in a representative capacity,. 495 accidental failure of suit,... 495 writs of error, and petitions for new trials,.. 495 survival of action,..... 496 cause of action fraudulently concealed,... 496 of criminal actions,.. 545 of prosecutions,. 545 of proceedings for new trials and in error,.. 545 LIMITED PARTNERSHIPS, how formed,... 364 firm name,...... 364 certificates,....... 364 capital to be paid up in cash,.... 364 actions,....... 365 LIP, willfully slitting,...... 499 LIQUORS, intoxicating,..... 268-272 not to be given or sold to Indians,.... 6 analysis of, by State Chemists,.... 20 sale by importer,...... 272 contracts based on illegal sale of, when void,.. 272 licenses to dealers in,... 268-271 see INTOXICATING LIQUORS. LITCHFIELD, an incorporated village,.... 3 LITCHFIELD COUNTY, how constituted,... 2 676 INDEX. PAGE. LITTLE RIVER, fishing in,.... 226 LIVE STOCK, sale of, on attachment,... 405 on execution,... 454 when owner is unknown,.. 366 see ANIMALS. LOBSTERS, protection of,..... 218 LOCAL ACTIONS,...... 414 LOCK-UP, how provided in town or borough,... 546 LOCOMOTIVE ENGINE, evidence of fire caused by,. 439 willful injury to,...... 504 shooting or throwing at,..... 504 LODGING-HOUSE KEEPERS, lien of,... 363 to give notice, if lodger has contagious disease,. 260 LONG LAKE, fishing in,...... 225 LORD'S DAY, see SUNDAY,... 521, 522 LOST GOODS, how disposed of,..... 365 restitution to owner, of proceeds of sale,.. 366 proceeds, if not claimed, to go to town, when,. 366 to State, when,. 365 LOTTERIES, prohibited,. 516 sale of lottery tickets,..... 516 drawing lotteries,.... 516 sale of prize packages to minors,.... 16 LOW LANDS, how drained,... 263-266 MACHINERY, mortgage of,.... 359 attachment of,..... 404 levy of execution on,..... 457 willful injury to,...... 504 MAGAZINES OF PROVISIONS, public, injury to,.. 500 MAGISTRATES, fraud and embezzlement by,... 524 see JUSTICES OF THE PEACE. MAINTENANCE,...... 528 MAJORITY VOTE, required to elect State officers,. xlix, 74 not required in case of most other officers,.. 75 governs in meetings of communities,.. 84 sufficient, in statute grants of joint authority,. 554 MALICIOUS PROSECUTION,..... 500 damages for,..... 445 MANDAMUS, issue of writ,..... 479 return and judgment,.... 480 against corporations in favor of stockholders,. 481 for repair of road or bridge,. 481 against railroad company,.... 328 MANSLAUGHTER,.. 498 MANUFACTORIES, mortgages of machinery in,.. 359 attachment of machinery in,. 404 when a nuisance, injunctions against,. 477, 478 abatement of the nuisance,.... 477 1NDEX. 677' MANUFACTORIES,-continued. PAGE. willful injury to machinery or materials in,. 504 MANURES, commercial, packages to be marked, blow,. 274 penalty for not marking,..... 527 MAPS of land may be filed with town clerks,... 27 used in evidence, costs to be taxed for,... 178 MARLBOROUGH POND, fishing in,.... 226 MARRIAGES, who may unite in,..186 license and certificate,.... 185, 186 penalty for celebrating, without authority,... 518 prohibited degrees,...... 185 punishment for marrying within,.... 511 celebrated according to religious forms, when valid,. 186 bigamy,....... 510 registration of, under municipal by-law,... 86 under State law,.... 28 licenses for, how issued,...... 28 not to abate suit,...... 421 agreements in consideration of; Statute of Frauds,.. 441 publishing false notice of,.... 500 MARRIED WOMAN. real estate, conveyances of,... 353 when held to her sole use,.... 186 re-investment of proceeds, if sold,... 186 conveyance by conservator,.... 348 lien of husband on, for betterments,... 361 if abandoned, may convey her lands, how,.. 186 if husband is insane, may convey her lands, how,. 56 personal property, husband's title to, as trustee,. 186 how transferred; re-investments, on sales,.. 187 accountability and removal of husband, as trustee,. 187 estate, when liable for husband's debts,... 456 rights to property, if abandoned by husband,.. 187 interest in life insurance policies,.... 187 payments to, when valid,.... 18 7 appointment of conservator for,.... 348 jointure of,....... 377 settlement of,...... 196 right of dower,..... 377, 378 actions by and against,..... 417 MASCULINE GENDER, words in statutes importing, may include feminine,...... 554 MASHAPAUG POND, fishing in,.... 224 MASTERS, to instruct children in their employment,. 126, 127 of apprentices,...... 192 see APPRENTICE; CHILDREN. MATERiAL-MEN, lien of, on vessels,.... 362 MAYHEM,....... 498, 499 MAYORS, powers as to removing snow from horse railroad track, 340 678 INDEX. MAYORS,-continued. PAGE. powers as to closing liquor saloons, on election days, 520 see CITIES. MEASURES, standards of,..... 272, 273 sealers of,....... 273 penalty for using unsealed,..... 529 half-bushel,.... 273 milk to be sold by wine measure,.... 274 of spools of thread,...... 274 of skeins of sewing silk,..... 530 of wood,....... 274 MEAT, diseased, penalty for selling,.... 515 MECHANICAL ESTABLISHMENTS, mortgage of tools in,. 358 attachment of tools in,..... 404 MECHANICS, instruction in, at Sheffield Scientific School,. 149 MECHANICS' LIEN, how acquired, and foreclosed,.. 359 certificate of...... 360 notice to owner, of claim of.... 360 limit of amount of; apportionment,.... 360 release of,....... 363 MEDICAL COLLEGES, delivery of corpses to, for dissection,. 150 inspection of, by municipal authorities,... 151 unlawful dissections at: bond from professors,.. 513 MEETING-HOUSE, willful injury to,... 500 see CHURCH; ECCLESIASTICAL SOCIETY. MEETINGS, of public corporations and communities, how warned, 83 how conducted, 84 interruption of, 510 disturbance of,...... 509 MEMBERS, privy, mayhem of,..... 498 willfully disabling,...... 499 MERGER, of claims against insolvent estate,... 390 MERIDEN CUTLERY COMPANY'S RESERVOIR, fishing in, 225 mesne process,...... 396 MESSENGERS, of courts, fees of,.... 179 of General Assembly, pay of,.... 174 METHODIST SOCIETIES, trustees of,... 298, 299 MIDDLEFIELD RESERVOIR, fishing in,... 225 MIDDLETOWN, town meetings in, how warned and held,. 84 at town or city meetings to elect officers, none not registered can vote,....... 84 water-works, fishing in reservoir,.... 225 speed of steamers off, regulated,.... 252 MIDDLESEX COUNTY, how constituted,... 2 MIDWIVES, to make returns of births to registrars; fees therefor, 29 MILE STONE, treble damages for injuring,... 445 criminal prosecution for injuring,.... 504 MILITARY POWER, to be subordinate to civil,... xlvii MILITARY SCHOOLS, firing of cannon in,.. 510 INDEX. 679 MILITARY SCHOOLS,-continued. PAGE. holding State arms, inspection of,. 117 MILITARY STORES, willfully destroying,.. 500 MILITIA, organization,.... 111-115 who members of,. 111 annual enrollment; exemptions; commutation tax,. 112 liability of enrolling officers for neglect,.. 113 for giving them false information,.. 113 they may administer oaths,... 113 active, duties of,.... 111 to be styled the Connecticut National Guard,. 111, 114 organization into regiments, and sections of artillery,. 114 term and mode of enlistment,.... 114 consent of parents to minor's enlistment,.. 114 certificate of surgeon,..... 114 brigade officers,. 114 regiments, how formed and officered; *bands,.. 114 companies, how formed and officeredl,... 114 artillery sections, how formed and officered,.. 115 officers,..... 113-116 Governor to be commander-in-chief,... 1, 113 to disband and organize companies,.. 113 may call out militia for active duty,.. 121 his staff,..... 113 their salaries,..... 175 general officers to be approved by Senate,.. 114 vacancies among, how filled,.. 115 quartermaster general; duties,... 118 to furnish arms, armories, equipments, transportation, &c.,. 117, 121 to see that arms, armories, &c., are properly kept,... 117 accounts, how audited,.. 118 pay,..... 175 adjutant general's duties,.. 118, 119 commissary general's duties,. 119 paymaster general's duties,.. 119, 122 pay,.. 175 pay of clerks of staff officers,... 175 commissioned officers, how nominated,... 115 Governor to approve, and when,. 115 commissions to issue, when,. 115 when conditional, on examination, 115 how uniformed,... 117 term of office of staff officers, ends when,.. 116 resignation of officers,..... 116 examining board, and examination of officers,.. 116 non-commissioned officers and musicians, how nominated and appointed,.... 115 680 INDEX. MILITIA,-continued. PAGE. uniforms, equipments, and discipline, general and field officers to appear mounted. 117 regimental staff officers, 114 removal of officers, 116 assistant adjutant general, 114 assistant quartermaster general, 144 judge advocate,.. 123 surgeon general's duties, 119 post surgeons, duties, 113 pay,. 122 regimental uniforms, how procured and paid for, 117 how owned, 118 penalty for injury to military property of State, 118 company, section, and band by-laws, 116 company evening drills, and inspections, 121 military equipments, exempt from execution, 455 drafts for, how conducted,. 111 may be called out by sheriff, when,... 30 regimental inspections,. 119 system of discipline and tactics,. 116 annual returns by commandants, 119 fines, when imposed, and how collected, 122 annual May parade, 120 encampments, when and where held; how ordered, and conducted,.. 120 requisition for supplies and transportation for,. 121 pay, rate of; pay-rolls, 121 of commandants for care of State property, 122 of officers on special duty, 122 penalty for making false pay-rolls, 122 deduction from, for fines and dues,... 122 pensions to be provided for, 122 courts-martial, how constituted, 123 trials, how conducted, 123 witnesses,. 123 exceptions to members, 124 limit of punishment to be inflicted; two-thirds vote, 124 neglect to appear at trial, 124 sentence, how enforced,.. 124 to be approved by Governor, 124 expenses, 124 discharge after five years' service, 115 of the States, Congress not to suppress, xl Governor's Guards,. 125 MILK, to be sold by wine measure,... 274 how transported by rail, 222, 530 MILL RIVER, in Fairfield, fishing in,... 222, 227 INDEX. 681 MILL RIVER,-continued. PAGE. in New Haven, dumping ballast in,.. 552 channel lines in,. 552 MILLS, AND MILL-DAMS, right of instituting proceedings, under Flowage Act,. 472 hearing by committee, and report,... 472 no interference with existing mills,.. 473 action of court on report,.. 473 jury to re-assess damages,.... 473 objections to doings of jury,... 473 costs of re-assessment,.... 473 assessment final, if paid within sixty dclays,.. 474 costs of petition,... 474 failure to pay assessment, how far a bar to a second petition, 474 when highway may be flowed,.. 234 willful injury to mill-dam, how punished,.. 504 to machinery in mill,. 504 to cloths in process of manufacture,. 504 MINISTERS, may celebrate marriage,.... 186 MINISTRY, estate created for support of, protected,. 352 MINORS, appointment of guardians for, 190-192 non-residents, income of, how paid out, 192 funds, how to be invested,. 56, 57 not to be enlisted, without consent of parent, &c.,.. 114 how indentured as apprentices, 98, 126, 127, 193 employment in factories, &c., hours of, limited,.. 194 damage done by dogs of, how paid for,... 267 distribution of estate of deceased,... 374 of avails of their land sold,... 374 disposition of share of father's estate, if dying before distribution,..... 373 criminal proceedings against; State Reform School,. 93 Conn. Industrial School for Girls,... 98 alternative sentence to jail or State prison,.. 539 real estate of, how sold by order of Probate Court,. 56 or mortgaged,..... 57 of married woman, how sold,.. 56 advertisement of sale,.... 56 timber on, how sold,... 56 sale of trust estate,.... 57 application of proceeds of conveyance,.. 56, 57 party receiving assets to account to Probate Court annually,...... 59 how conveyed by order of court of equity,.. 355 see CHILDREN; GUARDIAN. MISCARRIAGE, procuring,.... 499 woman consenting to,.... 499 682 INDEX. MISCARRIAGE, -continued. PAGE. encouraging procuring of,. 499 MITTIMUS, required on all commitments,... 108 fees for issuing,. 183 MOCKING another, how punished,. 509 MODERATORS, of meetings of public corporations; appointment and powers,.. 84 penalty for preventing choice of, or obstructing, 510 of town meeting, neglect to make returns,.. 528 of electors' meetings, how appointed,... 70 power and duties,. 71, 72 MOHEGAN INDIANS, Act of 1872 continued in force,.. 553 MONOPOLIES, prohibited,. xlv MONTH, meaning of term,. 554 MONTVILLE, jurisdiction of offences, as to New London waterworks, in,....... 553 MONUMENT, towns may erect, to memory of deceased soldiers, &c., 86 of boundary, willful removal of,.... 504 MORTGAGE, of real estate, how executed,.. 352, 353 record of,..... 353 by guardian or conservator,. 57 release of,. 355 to State, how released,. 353 release by executor or administrator,.. 355 by conservator or guardian,.. 355 foreclosure not to bar suit for balance of debt,. 358 certificate of foreclosure; forfeiture for not filing,. 358 foreclosure where petitioner has not the legal title,. 358 by executor or trustee,... 359 ejectment by mortgagee, tender of debt and costs a bar to,....... 471 premiums paid by mortgagee for insurance, to be secured by the mortgage,.... 358 trust funds may be loaned on,. 367 of railroads,..... 332-334 chattel, when valid without delivery of possession,. 359 inaccuracy in description,.... 359 foreclosure of,...... 359 jurisdiction of foreclosure or redemption suits,.. 413 levy of execution on equity of redemption,... 461 of real and personal estate, levy on equity,.. 461 summary process, by party claiming under mortgagor or mortgagee,...... 492 MOTHER, bastardy proceedings by,... 469, 470 see CHILDREN and PARENTS. MOTION IN ERROR,..... 450 extending time for filing motions in error and for new trials,....... 450 joining with motion for a new trial,.. 450 INDEX. 683 MOTION IN ERROR,-continued. PAGE. revising decisions of a judge,.. 450 in City Courts,. 451 in amicable suits,. 469 practice on reversal of judgment, in Supreme Court, 451 in other Courts,. 451 MOTION FOR NEW TRIAL,..... 448 to be completed during the term,.... 449 may be corrected by Court of Errors,... 449 bill of exceptions by adverse party,.... 449 MOUNT HOPE RESERVOIR, fishing in,... 225 MOUNTEBANKS, unlawful exhibitions by,... 528 MULE, theft of,...... 503 willful injury to,...... 504 MURDER, degrees of,...... 498 punishment for,..... 498 indictment for,..... 498 assault with intent to,..... 499 MUSKALONGE, fishing for, regulated,.... 227 MUSSELS, cultivation of,.... 214 protection of,...... 217 MYSTIC RIVER, fishing in,..... 221 speed of steamers in, regulated,... 252 NAME of individual change of, by Superior Court,.. 40 of joint stock corporations,... 312 fraudulently voting on another's,.... 519 NAPHTHA, inspectors of,...... 21 packages of, to be labeled,..... 521 not to be mixed with illuminating oils,... 521 see EXPLOSIVE MATERIAL. NATIONAL BANKING ASSOCIATIONS, taxation of non-resident stockholders in,..... 167 cashiers to make returns to town treasurer,. 167 lien on stock, for taxes paid,... 168 State banks, may become how,.... 28 may cease to be, how,. 291 NATURALIZATION, what courts may naturalize,.. 4 record of evidence of qualifications,... 4 NAVAL STORES, willfully destroying,.... 500 NAVIGABLE WATERS, dumping rubbish in,.. 252, 254 bridging for highways,..... 231 for railroads,..... 317 staking out oyster grounds in,.... 216 right to sea-weed, &c., thrown up by,... 345 NAVIGATION,...... 249-252 rE' EXEA T,..... 480 NEGOTIABLE PAPER, what is,... 343 grace, when not allowed on,. 344 falling due on holidays,..... 341 684 INDEX. NEGOTIABLE PAPER,-continued. PAGE. notice to indorser,...... 344 NETS, fishing with, regulated,..... 219 NEW HAVEN, town meetings how warned and held,.. 84 registrars of voters in, how chosen,. 65 assistant registrars,.. 66, 72 electors' meetings in, hours of,.... 70 how far regulated by Act of 1866, Chap. CX, 552 penalty for fraud of registrars of voters in,... 529 collection of taxes in, how regulated,... 164 in town, city, and school district of, 164, 552 compensation of collectors,.. 552 blasting in, without license,.... 509, 552 City Court of, jurisdiction over offences in harbor,.. 252 at town or city meetings to elect officers, none not registered can vote,....... 84 may buy turnpike stock, when,.... 553 NEW HAVEN AND MILFORD TURNPIKE COMPANY, towns may buy stock of,. 553 NEW HAVEN COLONY HISTORICAL SOCIETY, copies of bills, &c., printed for General Assembly, to be sent to,. 81 NEW HAVEN COUNTY, how constituted,... 2 NEW HAVEN HARBOR, harbor-master for,.. 249, 250 Mill river channel,...... 552 anchoring near basin wharf,..... 250 taking oysters in,...... 217 dumping rubbish in,...... 252 speed of steamers in, regulated,.... 252 quarantine in,...... 259 NEW HAVEN, MIDDLETOWN & WILLIMANTIC RAILROAD COMPANY, bonds issued in aid of, when not taxable,....... 15 NEW HAVEN ORPHAN ASYLUM, support of soldiers' orphans at,....... 95 NEW HAVEN WATER COMPANY'S RESERVOIR, fishing in,........ 224 NEW LONDON, jurisdiction of City Court of, over offences in cemetery in Waterford,..... 552 as to water-works in Waterford or MIontville,. 553 powers of persons in charge of water-works, to arrest on view,....... 553 harbor-master for,...... 249 speed of steamers in harbor, regulated,... 252 NEW LONDON COUNTY, how constituted,... 2 court records in, to be kept at Norwich,... 62 NEW LONDON HISTORICAL SOCIETY, copies of bills, &c., printed for General Assembly, to be sent to,.. 81 INDEX. 685 PAGE. NEWSPAPERS, public Session Laws to be annually published in, 9 Probate notices in, where published,.... 395 telegraphic dispatches for, may have precedence,.. 342 NEW TRIALS, in civil actions, when granted,.. 447 opening defaults,..... 448 verdicts against evidence,... 448 new trial of justice suit, for want of notice,.. 448 motion for,... 448 to be completed during the term,... 449 may be corrected by Court of Errors, 449 bill of exceptions by adverse party,.. 449 limitation of time for bringing petition for,. 495 in criminal-cases, when granted,... 539 limitation of time for bringing petition for,.. 545 NEW YEAR'S DAY, paper falling due on,. 344 ANItIIL DICIT, judgment by,.... 423 NITRO.GLYCERINE, packages of to be marked,... 521 see EXPLOSIVE MATERIAL. NON-RESIDENT, estate of, how listed,.... 153 stocks owned by, how taxed,. 167 lien on for taxes,.... 168 attachments against, how served,.... 403 foreign attachment against, how served... 404 orders of notice. of suits to,..... 410 service of writ of error on,.... 450 proceedings in insolvency against,.... 380 joint contractors; service of process on resident contractors, only, 410 railroad officers; service of process on part only,.. 410 proof of claims against estates by,... 388 not to take oysters in Connecticut waters,.. 218 appointment of conservator over,.... 347 if an incapable person, sale of real estate of,... 348 delivery of his estate to his foreign custodian,. 57 administration on estate, where granted,.. 372 wills of,. where proved,..... 370 executor or administrator; service of process in suit against, 403 suit by, where brought,. 415 record of name of attorney of,... 41 levy of execution against,..... 455 if a garnishee,... 462, 463 NON SUITS, when granted, for want, of an appearance,.. 418 on withdrawal of action,..... 446 for want of plea,...... 423 for want of bonds,...... 431 for failure to make out primza facie case,... 443 motion to set aside: motion in error,... 443 in replevin,....... 487 on writ of error,...... 451 46 686 INDEX. PAGE. NORMAL SCHOOL, established at New Britain; purposes,. 147 number and qualifications of pupils; examination, and selection, 148 to be free,....... 148 annual appropriation for,..... 148 State Board of Education to manage, 148 they may establish a model primary school,... 148 Secretary of State Board of Education to report upon, annually, 15 NORWALK, hours of electors' meetings in,... 70 town meetings, how warned and held,... 84 harbor master for,.... 249 speed of steamers in harbor of, regulated,.. 252 appropriations at town meetings, vote required- to pass,. 552 NORWICH, town meetings, how warned and held,. 84, 552 harbor master of,...... 249 NOTARY PUBLIC, appointment; term of office,... 21 may act, as such, anywhere in the State,... 21 record of commission and qualification,.. 21 notice of revocation of commission,. 22 who may certify to official character of,.. 22 may take depositions,.... 435, 436 and issue subpoena to deponent,.... 436 clerk's fee for recording commission, and certifying to it,. 175 oath of,....... 548 fees,....... 178, 183 NOSE, willful slitting of,...... 499 NOTES, when negotiable,. 343 demand, when overdue,..... 343 grace, when not allowed,..... 344 maturing on holidays,.. 344 notice to indorser,.... 344 discharge in insolvency of one party to,... 386 foreign attachment of,..... 409 protests, how far evidence,..... 438 limitation of time for suing on,... 494 NOTICE, to indorser,...... 344 under plea of general issue..... 424 from record of defective deed, &c.,.... 354 orders of, by courts or judges, of pending actions,. 410 of Probate order, how advertised,.... 395 public, willfully tearing down, &c.,.... 501 NUISANCES, what are,..... 253, 254 manufactories; injunctions against; abatement,. 477, 478 fish oil factories; proceedings against,... 478 to fisheries,...... 227 to fish-places,. 222 to public health, how abated,... 258 OATHS, how administered,.. 547 term includes affirmation, when,. 554 INDEX. 687 OATHS,-continued. PAGE. when an affirmation may be administered.,.. 547 using a profane,..... 512 poor debtor's, proceedings as to,... 106, 107 who may administer,. 547 may be administered by election officers,.. 69 by enrolling officers,... 113 by enlisting officers,... 114 by School Visitors,... 133 forms,...... 548-550 for assessors, to grand list,. 550 attorneys,...... 548 members of court-martial,... 550 direction of writ to indifferent person,.. 550 electors,...... 548 executive officers,..... 548 grand jury,...... 548 interpreter,. 549 judge advocate,..... 550 judicial officers,.... 548 jury of inquest,... 549 petit jury in proceedings against liquors,.. 549 in criminal causes,.. 548 in civil causes,.... 549 notary public,.... 548 representatives in General Assembly,.. 548 senators,..... 548 voir dire,... 549 witnesses,.... 549 all other cases,..... 550 fee for administering,.. 183 OBSCENE PRINTS OR PUBLICATIONS,. 512 obscene books, brought into schools, &c.,.. 513 search warrant; seizures and forfeitures,... 537 OFFER OF JUDGMENT, proceedings upon,... 430 OFFICE, eligibility of electors,. liii disqualifications, by Fourteenth Amendment,.. xliii removal, and disqualification by impeachment,.. liv by aiding in a duel,.. 508 terms of, for State officers begin Sept. 1st,... 22 usurpation of; quo warranto,..... 482 tenure of, when not affected by changes in this Revision,. 551 OFFICERS, public,... 7-34 to be sworn to support the Constitution of the State and UInited States,.... liv, xxxvii disqualifications for, under Fourteenth Amendment,. xliii plurality vote ordinarily sufficient to elect,.. 75 survival of actions by,... 422 of State, term of office to commence Sept. Ist,. 22 688 INDEX. OFFICERS, of State, —continued. PAGE. 1per dietm compensation, not to be paid in advance,. 11 to certify to claims for services,... 11 compensation, 173 town officers, election of,.... 24 vacancies to be filled by selectmen, or town,. 26 peace officers, sheriffs, &c.,.... 30 direction of civil process to,.... 398 service of civil process by,.. 31, 401-411; 454-466 completing service, out of their precincts,.. 411 after.their death or removal from office, 411, 466 penalties and forfeitures for extortion,.. 34 penalty for refusal to assist,.. 510 of corporations, suits on. security taken to,.. 417 see PUBLIC OFFICERS; PUBLIC CORPORATIONS. OFFICES, public, Controller to furnish with stationery, furniture, &c.,....... 11 may inspect all papers in,..... 11 OFFICERS' RECEIPTS, in case of defendant's insolvency,. 398 bringing.too many suits on,..... 44G OILS, inspectors of illuminating,.... 261 ()PERATIVES, use of improper influence, as to voting,.. 518 as to leaving employment, 510 ORANGE, oyster-grounds in, designation of,... 213 new designation, when old one is lost,... 215 ORDERS, town, how interest on may be stopped,... 28 by justice of the peace for costs,... 542 ORDERS OF NOTICE, of actions, how granted,... 410 ORPHANS, soldiers', State aid to,. 95, 96 OUT-HOUSE, breaking into at night,. 502 )V ERSEERS, over spendthrifts, appointment of and effect of appointment,..... 349 powers and duties,..... 35 0 removal from office,. 350 removal of ward. to another town,.... 350() appointment, over insane persons, on acquittal on criminal prosecution,...... 536 of work-houses,.. 108 OWNERS, of lost goods, restitution to,... 366 of animals impounded, rights of,... 256 of animals rescued from pound, liability of, for act of child or servant,.... 257 of vehicles liability for act of driver,.. 234 OYER, in book-debt,..... 471 OYSTERS,..... 213-218 designation of places for planting in East Haven and Orange,. 213, 215 in other towns,... 214 rights under designations,..... 214 INDEX. 68 9 OYSTERS,-contminue. PAGE. penalty for procuring designation for speculation,. 214 fees of committee,. 182 natural oyster beds not to be staked out, 215, 216 in New Haven harbor,.. 214 lease of oyster grounds in Guilford,.. 216 attachment of oyster beds,. 403 levy of execution on,.. 461 against association for cultivating,. 457 town clerk to record designations; maps,. 215 new designation, when evidence of old one is lost,. 215 oyster ponds, how made,... 215 injury to oyster ponds,. 216 stealing,..... 216 taking in Thames river,... 216 in New Haven harbor, off Branford, or in Morris creek,. 217 injury to oyster grounds,. 216 taking by non-residents,. 218 dredging for, in New Haven harbor, or off Branford,. 217 forfeiture of boats used in,.. 218 PACKERS, to be annually elected by town,.. 24 of fish,..... 274 penalty for fraud or neglect by,. 527 PAGE, definition of legal,. 173 PALL, town or church may buy,... 293 PAPER, manufacturers of, to employ no hands, not vaccinated, 194 PARDONS, by the President,..... xxxv PARENT may indenture child,.. 98, 193 neglecting to support children, to be deemed a pauper,. 199 may be sent to work-house,. 109 to provide for instruction of his children,.. 126, 127 may apply to Probate Court, for sale of minor child's land, 56 duty to support child, after a divorce,... 189 to have notice, before guardian of child is appointed,. 191 not to touch child's property, till appointed guardian,. 192 adoption of children,.... 189, 190 see CHILDREN; FATHER; MOTHER. PARK, public, towns may lay out,.... 86 injury to trees, fences, statues, &c., on,... 501 PARTIES, in civil actions, fees of successful,... 177 action by successors of public officers,... 416 corporations may sue and defend,.... 416 member of community, defending suit against it, to file bond of indemnity,.. 417 suit by corporation, on security taken to one of its officers,. 417 counties may sue and defend,.... 417 suit by assignee of chose in action,. 417 690 INDEX. PARTIES,-continued. PAGE. voluntary associations may sue and be sued,.. 417 suit by one joint tenant, or tenant in common,.. 417 against married women,.... 417 on contracts of husband and wife.... 417 by married women, 417 joinder of husband in all suits by or against wife,.. 417 see CIVIL ACTIONS. PARTITION of real estate,.... 480 petitions for, when brought,. 414 of contingent interests,. 480 record of decrees,...... 481 not to be made of property of an estate in settlement,. 481 PARTNERSHIP, writs by or against, 400 amendment of, by citing in new parties,... 420 attachment of partner's separate estate,... 402 levy of execution against,..... 457 foreign attachment against,. 404 statute of limitations, when not a bar,... 494 discharge in insolvency of one partner,.. 386 receivers of partnership estate,.... 483 of partnership property under attachment,.. 483 appointment in vacation,.... 483 removal; vacancies,..... 483 dissolution of order respecting partnership property attached,..... 483 bonds,...... 483 PARTRIDGES, protection of,.... 229 PASSENGERS, railway, action for injury to,.. 488 drinking water to be furnished for,.... 330 checks for baggage of,.... 252, 330 reckless handling of baggage of, how punished,.. 506 gaming between, 517 PATENTS, Colonial, validated,..... 351 PAUCATUCK RIVER, fisheries in,.... 221 PAUPERS, forfeiture for bringing into the State,... 198 selectmen to be overseers of,.... 199 may remove them from place to place,... 199 may be sent to work-house,..... 109 parent neglecting to support minor child, to be treated as a pauper,....... 199 settlement, how gained by foreigners,... 195 by citizens of the United States, moving into this State,... 195 in one town, by inhabitant comining from another,... 196, 197 of married women,..... 196 of children of State paupers, or born in hospitsls,. 196 continues, though the party remove from the State,. 200 support, by towns,.... 199, 200 INDEX. 691 PAUPERS, support,-continued. PAGE. selectmen to furnish to transient paupers,.. 199 notice to town liable for support,... 199 right of recovery from,... 200 expenses of burial,..... 200 State paupers, who -are,. 200 Controller to support,.... 201 Controller may contract for support of; to require bonds from contractor,.... 202 foreign paupers, towns when re-imbursed by State for support of,.... 201 support by relatives, how enforced,.. 202 support of widow, by husband's heirs or estate,. 202 insane, may be sent to Connecticut Hospital for the In- 96 sane,.... 97 their support, while' there,... 67 PAYMASTER GENERAL, appointment, aund rank,.. 113 duties,..... 119 PEACE, offences against the,.... 508-510 challenge, or delivering challenge, to a duel,..'508 riotous assembly, how dispersed,... 508 obstructing proclamation, and not dispersing,.. 508 magistrates, &c., not to be punished for injuries done in suppressing riot,... 509 obstructing travel by loitering on highways, &c.,.. 509 disturbance of public meetings,... 509 of meetings of communities,... 510 of schools,... 509 prize fighting,.... 509 aiding, &c., in prize fight,. 509 breach of the peace, &c.,... 509 using explosive materials in New Haven,... 509 discharge of fire-arms in cities or boroughs, 509 using fire-crackers,. 510 intimidating workmen,..... 510 refusing assistance, when commanded,... 510 PEACE OFFICERS,.. 30 PENAL STATUTES, limitation of time for suing on,.. 494 PENSIONERS, and their families; exemption from taxation,. 154 PENSIONS, to be granted to disabled militia-men, &c.,.. 122 exempt from execution,.... 455 papers, notary fee on,.... 17 8 PEOPLE, rights reserved to in U. S. Constitution,.. xli security from searches and services,... xl,xlvi right to alter form of government,.... xlv PEQUOT INDIANS, funds of,..... 552 PERISHABLE PROPERTY, sale of, on attachment,.. 405 on execution,.. 454 if owner is unknown, 365, 366 692 INDEX. PAGE:. PERJURY, defined, and how punished,.. 506 subornation of,. 506 by officers of joint stock, associations,.. 313 PERPETUATION OF TESTJMONY, by depositions de bene, esse, 437 PERPETUITIES, provisions against,... 352 PERSON, term defined,.. 554 offences against,.. 498-500 degrees of murder,... 498 homicide,.. 498 manslaughter, 498 mayhem, 498 loss of life, &c., by intoxication of servants of railroad company,. 498 assault, or poisoning, withintent to murder,. 499 maiming, with intent to disfigure,... 499 robbery or burglary, with personal abuse... 499 abuse of female child,. 499 rape,... 49-8 assault, with intent to commit a rape, 499 robbery, 499 assault, with intent to rob, 499 attempt to procure miscarriage, or abortion, 4.. 99 taking medicines, &c., to procure,. 499 advertising or encouraging the commission of said offences,.. 499 falsely representing a free person to owe service, 499 exposing a child with intent to abandon it. 500 kidnapping free persons,. 500 publishing fictitious notice of births, &c.,. 500 PERSONAL ESTATE, distribution of interest, given by will to several, in, 371 levy of attachment on,.... 401-408 of execution on, 45. —4558 PETITION, right of, Congress not to abridge,... xl secured by State Constitution, xlvii to General Assembly, how preferred, returned, advertised, and disposed of,. 79, 80 in equity, form of, 423 citation on, 396 amendments, 423 for a new trial, in civil cases, 447 limitation of time for bringing,... 495 for a new trial, in criminal cases, 539 service on State's Attorney, 539 limitation of time for bringing,... 545 PEWS, assessments of, 296 taking of, by appraisal, 297 exempt from execution, 456 INDEX. X 693 P -IW i S,-continued. PAGE. conveyances of, 2937 see ECCLESIASTICAL SOCIETY. PHYSICIANS, horse, saddle, bridle, harness, and buggy, when exempt- from execution, 456 to' make returns of births and deaths to registrars; fees ~therefor, 29 post morterm examinations by, when at public expense, 542 fees in criminal causes, 178 PICKEREL, fishing for, regulated,.. o. 227 PICTURE, in library, willful injury to,.... 501 PIKE, fishing for, regulated,.. 2'2 7 PILOTAGE, rates of, -...... 250 what vessels to pay,.... 251 PILOTS, how licensed; bonds; pilotage,... 250 PLEADING, in] civil actions, 423-427 charters pleaded as Public Acts,.. 423 complaints for penalties under Private Acts, and bylaws,....... 423 joinder of counts inmcontract,. 423 of counts in tort,. 423 actions for settlement of partnership accounts,. 423 suits on Probate bonds,. 423 signature of -bills in equity, 423 courts may establish rules of pleading,. 423 notice of denial of execution of contract, 423 gelneral issue and notice,. 424 double pleading,.. 424 pleading over, after demurrer overruled,.. 424 set-off,. 424 set-off, in suit by assignee of chose in action, 425 claim of set-off to an amount beyond jurisdiction court; transfer of cause, 425 failure of defendant to complete transfer; costs, 425 set-of, in actions of trespass and case, 426 bill in equity for a set-off; debts denied by plaintiff, 426 double rejoinders, in actions for breach of conditions, 426 formal defects in, 4. 20 amendments of,.... 427 in criminal actions, filing information instead of complaint,.. 532 averments as to ownership of property, in, 546 pleading over, after demurrer overruled,.. 539 PLEDGE, of stock in corporation, how made, 279 PLURAL NUMBER, may, as used in statutes. include singular, 554 PLURALITY VOTE, sufficient to elect in ordinary cases, 75 POISON, murder by, 497 attempt to murder by,. 499 leaving exposed,.... 04 694 INDEX. POISON,-continued. PAGE. using to kill fish, 227 willfully giving to domestic animals, 504 POLICE, internal of the State,.. 204-276 local of towns, officers to be elected, liv members of city or borough police force may arrest, 33 may arrest without warrant, when,. 34, 128 railroad or steamboat police, how appointed; powers; badge, 33 POLICE COURTS, jurisdiction of,. 62, 533 bonds on adjournment, 534 commitments to Connecticut Industrial School for Girls,. 94 pay of judges for commitments of girls to Industrial School,... 174 fees of clerks for copies,. 176 sending up copies, on appeal or binding over,. 535 POLLS, how taxed; exemptions, 154 school district taxes on, 165 PONDS, fishing in, 223-228 how crossed by railroads, 323 creating for milling purposes, 472, 474 see FISHERIES. POOR, estates credited for benefit of, protected, 352 see PAUPERS,. 195-203 POOR DEBTOR'S OATH, application for benefit of; form of; discharge on, 106 debtor to submit to examination,.. 106 applying for, to be furnished with support,. 106 second application for, when allowed, 107 review, on creditor's application, 107 release of body from levy of tax warrant, by taking, 164 POOR-HOUSES, towns may establish, 200 not in other towns, without their consent,. 200 PORK, exemption from execution of,. 456 PORT-WARLEN, of Hartford,. 251 POST MORTEM EXAMINATIONS, when at public expense, 542 POSTING ADVERTISEMENTS, on another's property,. 505 POULTRY, theft of, by night,. 503 POUNDAGE, at town pounds,. 182 for animals taken up in common fields, 212 POUND-FISHING, regulated,. 219 POUND-KEEPERS, towns to elect, annually,.. 24 selectmen may appoint, when,. 255 fees,. 182, 212 POUNDS,. 254-257 INDEX. 695 POUIJNDS,-continued. PAGE. selectmen to maintain, 254 forfeiture for not erecting, 528 to appoint pound-keepers for new pounds, 255 society pounds, 255 animals, trespassing in enclosures, may be taken to, 209, 255 or found at large, 255 proceedings on impounding, 255-257 notice to owner, 255 advertisement and posting of notice, 255 entry of description of animals in town clerk's office, 255 redemption of animals impounded,. 255 tender of damages and costs by owner, 255 sale of animals impounded,. 255 impounding animals on highway; notice, and sale,.. 56 redemption by owner,. 257 penalties for letting animal out into highway,.. 257 damages done by animals, how assessed, 257 escape from,.. 256 penalty for rescue or pound breach, 257, 528 rescue by children or servants,. 257 POWERS, of attorney, to convey lands, how executed,.. 352 how recorded, 353 testamentary, execution by surviving executor,.. 355 PRACTICE, —in civil actions, nonsuits, 418 withdrawal of action in vacation: costs, 418 record of name of attorney of non-resident plaintiff, 418 defaults,. 418 defence by creditor of defendant,... 418 continuance if the defendant be or live out of the State, 419 if finally defaulted, bond of indemnity required,..... 419 land taken in execution not to be aliened for a year,.... 419 defence by garnishee,.... 419 continuance of justice suits, if the defendant be or live out of the State,..... 420 juries in justice suits, - 428 trial by jury in the higher courts,. 428 questions of law to be decided by the Court; of fact by the jury,...... 442 request to charge jury in writing,.. 442 motion for nonsuit,..... 443 proceedings to set aside nonsuit,... 443 special verdicts,. 443 returning jury to a second and third consideration,. 443 verdict by nine jurors,. 444 duty of jurors,. - 443 696 INDEX. PRACTICE, in civil actions,-coniinued. PAGE. judgment on verdicts: assessment of damages, 444 judgment for one defendant, asid against others, 444 appointment of committees,. 428 reference of any issue, involving accounting, to auditors, 429 filling vacancy in committees, in vacation,.. 429 motion for disclosure,..... 439 proceedings on motion,.... 440 party disclosing not conpellable to testify at trial, 440 disclosure by garnishee,.... 429 garnishee not disclosing, liable to costs,. 429 notice of cross-bill and supplemental bill in equity,. 430 sheriffs, &c., not to practice as attorneys,.. 430 offer of judgment,..... 430 acceptance of offer,.... 430 trial not to be postponed,. 430 offer not accepted,.... 430 precedence.of suits by the State,... 430 of other suits,.. 266, 271, 430 questions of law reserved for advice of Supreme Court of Errors,...... 430 bonds for prosecution, or on appeal, taken in vacation, 431 failure to furnish sufficient bonds,... 431 facts to be found in equity suits,... 444 special finding of facts, in actions at law,.. 444 new trials,...... 447 opening defaults,..... 448 verdicts against evidence,. 448 new trial for justice suit for want of notice,. 448 motion for,..... 448 to be completed during the term,.. 449 may be corrected by Court of Errors,. 449 bill of exceptions by adverse party,.. 449 writs of error,..... 449 from City Courts,.... 449 in justice suits,..... 449 issue of,..... 449 time of service and return,.. 450 mode of service,.... 450 motions in error,..... 450 extending time for filing motions in error and for new trials,... 450 joining motions in error and for a new trial,.... 450 revising decisions of a judge,.. 450 remanding cause; costs,. 451 in City Courts,.... 451 practice on reversal of judgment in Court of Errors, 451 on reversal of judgment in other courts, 451 INDEX. 697 PRACTICE, ill civil actions,-continued. PAGE. practice on affirmance of judgment below, 451 releasing stay of execution, pending writ of error, 452 after judgment on writ of error, 452 in criminal actions, bail, how taken,. 35 sending up copies, on appeal or binding over,. 535 priority of trial, on appeals, 536 grand jury,.. 536 proceedings on acquittal for insanity, 536, 537 capital offences, how tried,. 538 pleading over, after demurrer overruled,.. 538 waiver of jury trial, 537 accused to have closing turn, 539 depositions, 538 charge to jury,. 539 PRECEDING SECTION, meaning of term, 554 PREFERENCES, by insolvent debtor, 378, 379 PRESENTS, to public purchasing agents prohibited, 521 PRESIDENT OF THE SENATE, pro tevmpore, li PRESIDENT OF THE UNITED STATES, how chosen, xxxiv, xli, 77 term o- office; qualifications; pay; oath, xxxiv powers, xxxv to approve or disapprove all bills; pocket veto, xxxi impeachment, xxxv, xxxS vacancy, how filled,. xxxivPRESIDENTIAL ELECTORS, how appointed,.. xxxiv, 77 returns and canvass of election, 77 choice by lot, in case of a tie vote,. 77 may fill vacancies, 77 how to proceed, x. li pay,.175 PRESIDING OFFICER, or person, in any civil proceeding, to have casting vote, 60 PRESS, freedom guarantied, xl, xlvi PRETENCES, false, obtaining goods by, 525 PRINTING, implements, mortgage of, 359 abusive matter, of another, 509 PRISON, State, see STATE PRISON, 101 county, see JAIL, 103 PRISONERS, aiding to escape, 507 discharge of,. 540 see JAIL and JAILER, 103 PRIVATE ACTS, style of enacting clause, 81 how engrossed, dated and signed, 81 take effect; when,. 81 official record of,... 81 PRIVATE CORPORATIONS, see CORPORATIONS. 277 PRIVATE PONDS, 224, 2~' 698 INDEX. PAGE. PRIVATE WAYS, how laid out,.. 235-237, 239 gates and bars across,. 234 repairing with town highway moneys,.. 234 PRIVILEGED ACTIONS, as to order of trial, suits by the State,... 430 writs of error in summary process,.... 430 hearings on reports or awards,. 430 Probate appeals, &c.,.... 430 drain company suits,.... 266 proceedings in rerm, against liquors,... 271 PRIVILEGED CLAIMS, against insolvent estates,.. 375 PRIVILEGES, of citizens, how secured,... xxxvi, xlii exclusive, not to be granted,... xlv PRIVY MEMBERS, mayhem as to,.... 498 PRIZE-FIGHT, punishment of principals,.... 509 of accessories,... 509 PRIZE-PACKAGES, sale of to minors,. 516 to any person,... 521 PROBATE BONDS, defined and how taken; to be filed in Court; additional or new bonds, when required,... 59 principal may be examined, on application of surety,. 58 discharge of surety, on his application,... 58 suit on, how brought,.. 59, 400 pleadings and judgment in,.... 423 remedy on to collect execution on a foreign attachment,. 465 PROBATE, COURT OF,...... 48-59 organization,...... 48-54 to be one in each Probate district, with its appropriate judge, and clerk,..... 48 term of office of judge begins July 4th,.. 48 Probate districts, how constituted,... 49-53 Court may be held in any town in the Probate district, 54 judge of another court may be called in to sit with Probate judge,..... 54 disqualifications of judge,.... 54 order by disqualified judge, valid unless appealed from, 54 Probate judge of adjoining district may be called in to fill vacancy, &c.,..... 54 may make ex parte orders in his own district,.... 54 practice in, ex parte orders may be modified, unless appealed from, 54 records, evidence of,..... 439 right of appeal to Superior Court,... 54 appeal to be taken, when,. 55 privileged in order of trial,... 430 order as to notice of appeal, to parties interested,. 55 such appeals may be heard at second term,. 55 survival of,. 422 INDEX. 699 PROBATE, COURT OF, practice in,-continued. PAGE. returns of execution of orders, to be made and recorded, 55 may make orders of notice to absentees and non-residents,...... 56 must assent to suit on Probate bond,. 400 may authorize trustees to submit to arbitration, 468 proceedings under submission,... 468 costs of proceedings,. 469 may limit time for proving claims against any estate, 388, 389 may grant extension,'... 389 review of doings of commissioners on insolvent estates, 390 may appoint a third commissioner, when, 391 remove commissioner,. 391 accept resignations of executors, &c., or trustees,. 391 call them to account,... 393 remove executors, &c.,.... 392 require further Probate bonds,.. 392 order sale of estate, when,... 393, 394 order sale by third party,.... 39 examine persons concealing estate,.. 393 notices of orders, how given,.... 395 on removing any officer, may compel delivery of estate to successor,...... 59 powers as to minors, and incapable persons, may appoint and supervise guardians for minors, when and how,..... 190-192 may approve or annul agreements of adoption, 189, 190 may order sale of minor's land,... 56 applications for, where brought,.. 56 may order avails of sale paid to guardian,. 56 may order sale of timber on minor's land,.. 56 of minor's lands held in trust, by will,. 56 of land of a minor married woman,. 56 applications for, where brought, 57 to direct notice of such applications,... 56 may authorize wife of insane man to convey her land,. 56 proceedings for appointment of conservator,.. 346-348 supervision of conservators,. 347 appointment of conservator, in place of overseer,.. 350 power to order sale of lands of incapable person,.. 348 of lands held by life-tenant, to satisfy lien of remainder-man, 361 may authorize mortgage of land by guardian or conservator, 57 order goods of non-resident, delivered to his foreign guardian, &c.,.... 57 proceedings for this purpose,.. 57 commit to inebriate asylum,.... 99 duties as to trusts and trustees, 367 to require trustees to give bonds,... 367 may appoint trustee, when,.... 3 67 700 INDEX. PROBATE, COURT OF, duties as to trusts and trustees, continued. PAGE, may remove trustee, when,.... 367 may accept resignation of trustee, when, 367 powers as to estates, probate of wills before,.. 370 to require Probate bond from executor,. 370 may appoint administrator cum testamento annexo, when, 371 may authorize sale of lands to effectuate will,.. 371 may appoint distributors of testate estate, 371, 374 may order security to remainder-man from life tenant,. 371 may grant administration on intestate estates,.. 372 to require bonds from administrator,... 372 may adjudicate as to lien of husband for improvements on wife's estate,. 361 may authorize executor or administrator to convey land of deceased, when,... 57 to appoint distributors of intestate estate, 372, 374 to take bonds for payment of debts from distributees,. 374 may have estate of any decedent settled as insolvent, 375 to make allowances for support of family,. 391 to set out what to widow of insolvent,. 375 to order distribution,... 375 how to settle estates, insufficient to pay any claims,. 376 to cause dower to be assigned,. 377 to compel dowers to repair,. 377 proceedings in insolvency before, to receive assignments in insolvency,. 378 involuntary insolvency, 379-381 may seize debtor's property, before adjudication,. 393 may fill vacancies, in trustees,. 381 may remove trustees, for failure to give bonds, 382 judge to certify to title of trustee,... 382 to order remainder of estate restored to debtor, when,. 382 to direct as to disposition and management of estate, 383, 386 to make allowances to debtor,.... 384 to grant discharge,..... 384 districts to have fire proof safe or vault,. 57 proceedings to procure and pay for same,.. 57. 58 to be abolished, for neglect to provide one,. 58 judge of, how appointed,....lviii, 70 canvass of election,... 73 contested election, how decided; tie vote for; vacancy, how filled,..... 74 special election for,....74, 75 to prove record books,..... 57 service on, of writ against non-resident executor, or administrator,..... 403 to notify corporations and associations of legacies,. 371 INDEX. 7 01 PROBATE, COURT OF. judge oft,-continued. PAGE. may commit to Conn. Industrial School for Girls, 94 may send insane paupers to Conn. Hospital for the Insane, 96 to certify to transfer of title by insolvency,.. 382 to sign discharge in insolvency,. 385 to sit on review of report of commissioners,.. 390 may certify to records and copies,... 439 clerks of, appointment,.... 49 to record and certify to election of registrar of births, marriages, and deaths,.... 25 fees,.... 183, 184, 469 PROCESS, civil, mesne,..... 396 amendment of,. 397 service of,..... 401 duty of officer receiving it; receipts for,.. 31, 33 fees for service,.... 180, 181 indorsing items of fees, on,.. 34 penalty for charging excessive fees,.. 34 final, see EXECUTION,... 452-456 See CIVIL ACTIONS; SERVICE OF PROCESS; SHERIFF. PROCLAMATION, under Riot Act,... 508 PROFANITY, how punished,..... 512 conviction of, on view,..... 532 PROHIBITION, writ of,...... 481 PROMISSORY NOTES,..... 343, 344 when negotiable,...... 343 on demand, when overdue,. 343 grace, when not allowed,..... 344 falling due on holidays,..... 344 notices to indorser,..... 344 damages on protest of foreign bill,. 344 discharge in insolvency of one party to,... 386 foreign attachment of,..... 409 protests of, how far evidence,.... 438 limitation of time for suing on,.... 494 PROPERTY, protection by U. S. Constitution,.. xli,xlii by State Constitution,... xlvi taking for public use,.... xlvi public, offences against,.... 500, 501 private, offences against,.... 501-506 PROSECUTING AGENTS, under liquor law,.. 269,270 PROSECUTION, criminal, see CRIMINAL PROSECUTIONS, 531-540 malicious,....... 500 PROSTITUTES, common, may be sent to work-house,.. 109 PROTESTS of notes and bills, how far evidence,... 438 damages, in case of foreign bill,.... 344 fees on,....... 178 marine, fees on,... 178 47 702 INDEX. PAG E. PROVISIONS, exemption from foreign attachment, in suits for price of,....... 456 injury to public magazines of,.... 500 PROXIES, for voting on stock,..... 270 PUBLIC ACTS, style of enacting clause.... xlvii how engrossed and signed,... 81 to be printed annually in all newspapers,.. 9 and in pamphlet form,.. 9 official record of,...... 81 PUBLIC AGENT, offering commission on purchases to,.. 521 PUBLIC BUILDINGS, meaning of term,. 553 willful injury to,. 500 PUBLIC CORPORATIONS, see CORPORATIONS,.. 83 PUBLIC HALLS, safety of, how provided for,... 261 PUBLIC LIBRARY, how established,.... 86 how maintained, 87 injuring books or articles in, how punished,.. 501 PUBLIC MONEYS, how paid out; orders to be registered by Controller,.... 8 annual publication in newspapers of receipts and expenditures,...... 9 PUBLIC OFFICERS,...... 524 fraud and embezzlement by,.... 734 survival of actions by..... 422 see OFFICERS. PUBLIC OFFICES, records of, 438 see OFFICES. PUBLIC PROPERTY, offences against,... 500, 501 destroying public stores,'.... 500 attempt to destroy them,..... 500 injuries to public buildings or furniture,... 500 to bridges,...... 500 taking shell-fish from bridges,.... 501 malicious injury to public property in highways or parks, 501 tearing down notices,..... 501 malicious injury to books, &c., of a public library,.. 501 PUBLIC SQUARES, towns may lay out,... 86 injury to trees, fences, &c., on, how punished,.. 501 PUBLIC USE, private property not to be taken for without compensation,.. xli, xlvi PUBLIC WEIGHERS, duties of,... 273 penalty for neglect of duty,.... 528 PUBLISHING ESTABLISHMENT, mortgage of implements in, 359 PUNISHMENTS, cruel or unusual, prohibited in U. S. Courts,. xli illegal prohibited by State Constitution,... xlvi for high crimes and misdemeanors at common law,.. 540 for other offences at common law,... 540 on second or third conviction,.... 540 See CRIMES, CRIMINAL PROSECUTIONS, and SENTENCE. INDEX. 703 PAGE. PUPPET SHOWS, unlawful exhibitions of, 528 QUADIC RESERVOIR, fishing in,. 225 QUAIL, protection of,. 229 QUARANTINE, boards of health to fix limits for,.. 258 what vessels subject to,.... 258, 259 at New Haven,...... 259 visits, orders, and certificates by health officers,. 259, 260 QUARRYING in New Haven,..... 509 QUARTERING soldiers in private houses, prohibited to the United States,....... xl by State Constitution,. xlvii QUARTERMASTER GENERAL, appointment,... 113 duties,...... 117-119, 121 Q UI TA/lf suits,...... 526-530 QUINNEBAUG RIVER, fishing in,.... 222 Q UO WARRANTO,..... 482 RABBITS, protection against ferrets,.... 521 RAILINGS, to be erected on highway or bridges, when,.. 232 damages for injuring,... 445 criminal prosecution for injuring,.... 501 railway accident for want of; action against company,. 488 RAILROAD COMMISSIONERS, how appointed; term of office; vacancies, how filled,..... 15 disqualifications; clerks; records; expenses; to keep office at H-Iartford,...... 16 salary of clerk,...... 173 general duties and powers,..... 320 orders as to protection to travel at highway crossings,. 320 may make recommendations to railroads,... 320 summon witnesses,..... 321 permit crossing of highway or stream,.. 323 appeal from order permitting this,.... 323 from order discontinuing depot,... 327 annual reports,.... 321 duties as to fences on line of road,... 325, 326 as to location and abandonment of depots,.. 326, 327 as to preventing discriminations between different road. 329 as to connection of car platforms,.... 330 as to placarding destination of trains,... 330 as to public safety at crossings and bridges,. 331, 332 as to number of brakemen on trains,.. - 332 as to railway accidents..... 332 to furnish blanks for railroad reports,... 334 to require additional or amended reports, when,..338. 339 may employ experts,..... 16 to pass free over railroads,. 319 704 INDEX. RAILROAD COMMISSIONERS,-continued. PAGE. to license opening of railroad,. 320 semi-annual examinations of roads,... 320 may close unsafe roads,... 321 to approve lay out, or alteration of lay out of roads,. 321 to give notice, before approving lay out or location,. 319 salary,.... 173, 16 RAILROAD COMPANIES,. 315-339 organization,.... 315-317 how organized under general law,.. 315 capital; name; engineer's report,. 316 stock subscriptions,. 316 corporate powers,.. 317 forfeited for non-user,. 317 land, how taken,... 317 increase of capital,. 317 special charters not to be granted or altered, except on petition and notice,...7. 7 9 steam railroads; officers and members,. 319 term "steam railroads" embraces what,.. 318 directors and officers,..... 319 disqualifications of president,.... 319 service of process on part of the officers only,. 410 meetings, how warned,..... 319 stock votes,...... 319 unpaid assessments to bar right to vote,.. 319 proxy voting,...... 279 may prohibit officers from voting on proxies,.. 319 votes on town stock,..... 319 rights and obligations, to contribute to salaries of Railroad Commissioners,. 16 to let Railroad Commissioners pass free,.. 319 may take land by appraisal,... 321, 322 land damages, when road is never opened,.. 322 lay out, or alteration of lay out, to be approved by Commissioners,...... 321 may alter highways,..... 324 notice of lay out, or taking lands,... 319 map of road to be filed with town clerk,.. 322 and description of location filed with Secretary,. 322 may cross or connect with other roads,.. 317, 323 highway or stream,. 323 appeals from order of Commissioners as to,. 323 road not to be opened, till approved by Commissioners, 320 liability to laborers,..... 322 lien on railroad of contractors or their employees,. 360 semi-annual inspection by Commissioners,. 320 testimony before.... 321 they may close the ioad. if in bad repair,. 32 INDEX. 1 05 PaGE. RAILROAD COMPANIES, rights and obligations,-cont'd powers of Commissioners over, 320 recommendations of Commissioners, 320 crossings; gates, signals, or flag-men at,.. 320 warning boards at, 324 highway incommoded by, remedy for,. 237 to pay half expense of building highway over or under railroad, 232 liability for highway accidents, caused by railroad, 232, 488 limit and distribution of damages for loss of life, 421, 422, 488 limitation of time for suing for loss of life,.. 495 freight trains at crossings to be separated, 234 highway bridges on line of, height oi,. 232 covered bridges, height of, 324 footways on bridges or causeways, 324 fences on line of, 325 lien on land for expense of fencing,.. 3 25 fences between road and highway, 326 action against for damage due to neglect to fence, 488 cattle-guards, 326 companies, how compelled to make and maintain bridges, &c.,.. 326 land not to be taken from them by disseisin,.. 355 milk to be carried on equal terms for all,.. 330 actions against for burning property; evidence in, 439 car platforms to be connected, how,... 330 hand-cars not to be left at crossings, 330 drinking water to be furnished to passengers,. 33(0 baggage-checks to be furnished, 330 trains to be placarded with their destination, 330 fraudulent evasion of paying fare, 330 passengers not to be put off between stations,. 330() regulation of commutation fares, 330 badges of employees,.330 trespassing on depots, cars, or tracks, 330, 331 engine bell and whistle,.... 33 1 to be sounded near crossings, 331 engineers to swear to do so, 331 stopping trains at draw bridges, and railway crossings, 331 at nearest station to draw-bridge, 331 junction switches, how tended and passed, 331 Commissioners may dispense with these requirements,. 332 brakemen, number of, on trains,... 332 accidents on, notice to and examination by Commissioners,...332 Commissioners to inform friends of injured party, 332 depots, 326-328 penalty for not having proper water closets at, 527 706 INDEX. RAILROAD COMPANIES, depots,-continued. PAGE stopping trains near villages,.... 326 at stations,. 328 how established, before road is opened,. 327 abandonment of,. 327 re-establishment of depots abandoned in 1866,.. 327 appeals from orders as to,. 327 name of place to be displayed at,... 330 goods left at, or in cars, unclaimed, how disposed of.. 365 connections with other roads, to accommodate travel, 328 may contract with connecting roads,... 323 no road to make discriminations between other roads,. 329 orders by Railroad Commissioners as to connections, 329, 330 mortgages: assignees and trustees,. 332-334 companies may borrow money and issue bonds, 332 may secure them by mortgage,... 333 surrender of road to mortgage trustees,. 333 liability of trustees,.... 333 inventory and accounts,.... 333 foreclosure,...... 333 removal of trustees; vacancies,... 334 assignees or trustees of railroad to have rights of company,... 334 may improve road,..... 334 their expenses and compensation,... 334 when insolvent, trustee may release right of way, &c., 383 sale on execution of interest of one road in that of another,...... 459 annual reports,... 338, 339 forms for,... 334-338 additional returns,..... 338 reports to be amended, when,.... 339 taxation; annual returns to Controller,.. 169 apportionment of tax, when part of road is out of the State,..... 168 taxes paid by lessee, when a set-off against rent, 169 penalties for not transporting milk on equal terms,. 530 for not giving freight receipts,.. 530 obstructing track, &c., causing death,... 498 drunkenness or neglect of employee, causing death,. 498 fraudulent evasion of paying fare,.. 525 creating nuisances on tracks,.... 505 committing nuisances on railroad bridge,.. 505 shooting or throwing at car,... 505 willfully injuring car,. 505 obstructing or injuring tracks,... 502 displacing switch,..... 502 injuring electric signals on,.... 502 offences committed on train in motion, where punishable,..... 532 INDEX. 707 RAILROAD COMPANIES, penalties,-continued. PAGE. general penalty for violations of railroad laws,. 340 RAILROAD POLICEMEN, how appointed; powers; badge,. 33 may arrest without warrant, when,.. 34 to carry offenders before what authority,.. 532 RAILS, trespass to, commitment to work-house,.. 489 RAMS, not to go at large; forfeiture of,.... 254 RAPE, how punished,...... 498 assault with intent to commit,... 499 conviction of attempt, on indictment for rape,.. 499 RATE BILLS, see TAXATION,.. 161, 162 REAL ESTATE, titles to, of individual proprietors, allodial,. 351 Colonial patents, confirmed,.... 351 grants to charitable uses,.... 352 perpetuities, and entailments,.... 352 rule in Shelley's ca;se: collateral warranties,.. 352 devises of, to cover that afterwards acquired,.. 369 resident aliens, and Frenchmen may hold,. 4 other non-resident aliens may, when,... 5 injunction against malicious use of,. -. 477 action for,... 488 possession of executor or administrator,.. 392 ancient lights, 355 adverse possession; statute of limitations,.. 493 of canal or railroad land,.. 355 forcible entry or detainer of,... 474, 475 under award,... 355 conveyances, how executed,... 352, 353 agreements to sell, to be in writing,.. 441 caveats to protect title,.. 353 by married women,. 353 when husband is insane,.. 56 for married woman, by her conservator,. 348 of minor's land,. 56, 355 mortgages of,. 57 of land of incapable person,... 347, 348 of deceased person, by executor or administrator,. 57, 394 he may be the purchaser, when, 395 sale to pay legacies,. 370, 371 sale under testamentary power, 355 partition and sale, by order of court,.. 480, 481 leases of,...... 354 liens on, by attachment..... 402 by levy of execution,... 460, 461 by mortgage,..... 358, 359 mechanic's,. 359 lien of husband on wife's land,.... 361 of disseisor, for betterments,.... 362 708 INDEX. REAL ESTATE, liens on,-continued. PA-)F. certificate of dissolution of lien,.. 363 attachment, 407, 408 REBELLION, participation in, disqualifies from office,. xliii REBELS, intercourse with, unlawful,.. 497 RECEIPTS, for freight, railroad companies to give, 530 officer's, in case of debtor's insolvency,.. 384 costs, where too many are sued on at once, 446 RECEIVERS, of banks,. 288, 289 of savings banks,.... 293 of insurance companies,. 309 of turnpikes,. 458, 459 powers,. 245, 458 accounts,...... 459 of corporations generally; powers of,... 482 of an insolvent debtor's estate,. 384 of a partnership,...... 483 of partnership property under attachment,... 483 dissolution of order concerning,... 483 appointment in vacation,..... 483 removal; vacancies,. 483 bonds,...... 48:3 RECOGNIZANCE, in civil actions, for costs,.. 397 form of,...... 398 of bail,... 411, 412 fees for taking,. 183 in criminal cases, on adjournments,.. 533 on appeal or binding over,.... 534 of bail,....... 535 rights of surety,..... 535 informality in, not to vitiate,.... 545 RECEIVING STOLEN GOODS, how prosecuted and punished,. 503 treble damages for,...... 445 RECORDS of public offices and corporations, how proved,...... 438 of State Chemists,..... 439 of organization of joint-stock corporations,.. 439 U. S. revenue stamps on recorded document,.. 439 of boards of health,.... 439 of proprietors of common fields,... 439 of ecclesiastical societies,.... 439 inability of clerk to give copies,... 439 judicial, Probate records, and copies, may be certified by judge, 439 files and records of former justices of the peace to be left with town clerk,.... 440 former justices of the peace may perfect records and give copies,...4.4:0 files and minutes of former justices, when evidence,. 440 INDEX. 709 RECORDS, j udicial,-continued. PAGE. amendment of judgments,. 427 of land titles, deeds,... 26, 353, 354 attachments of real estate.. 27 release of mortgages,.... 27 of proprietors of common lands, how preserved, 357 public, abstraction or mutilation of,... 507 of this Revision,. 555 of one State, of what force in another,. xxxvi proof by examined copies,.... 439 REFORMATORY SCHOOLS, admission to, and treatment in,. 98 inspection by Board of Charities,. 20 REGISTRAR OF BIRTHS, MARRIAGES, AND DEATHS, election,..... 24 returns of election; who may certify to official character of, 25 term of office; duties; returns to State Librarian,.. 28 return of certificates to, by physicians, midwives, sextons, &c., 29 duty, if no certificate is returned,. 30 marriage licenses,..... 185 fees,........ 179 to execute any town by-laws, touching his duties,.. 86 REGISTRARS OF VOTERS, how elected; disqualifications; deputy registrars,.... 65 assistants in Hartford and New Haven,... 66 oath of office; to prepare registry lists,.. 66 to revise lists; to publish lists; appeals,.. 67 compensation,..... 68 REGISTRATION OF ELECTORS, fraudulent,.. 519 fraud or misconduct of registrar,.... 529 see CRIMES, ELECTIONS, and ELECTORS. RELATIVES, to support poor relations,. 202 RELEASE, to one of several joint debtors,... 441 by nominal plaintiff,.. 442 RELIGION, Congress not to regulate,... xl nor the State,..... xlv, liii RELIGIOUS opinions, no disqualification for U. S. office,. xxxvii societies, right to leave,.. liii formation, and powers of,.. 294 intermeddling in meetings of, 530 instruction in reformatory schools, 98 worship, estates created for use of, protected, 352 REMAINDER-MAN, lien for repairs or improvements, 361 limitation of time for entry, after disseisin,.. 493 security to, from life-tenant of chattels,... 371 summary process by,.. 492 REMANDING CAUSE, by Court of Errors,.. 451 REMEDY by law, for every wrong,. xlvi REM\IOVAL of principal on Probate bond, at surety's request, 58 710:INDEX. REMOVAL, -continued. PAGE. of principal on delivery of estate-to successor, how compellel, 59 of causes from one court to another, in civil actions, 416, 425, 486 in criminal causes,. 538 RENT, forms of action for,..... 471 exemptions from foreign attachment, in suits for,.. 456 REPEAL of statute as to crime, not to bar pending prosecutions, unless, &c.,...... 545 of former statutes, by this Revision,... 551 REPLEVIN, when maintainable,. 484 affidavit and bond,...... 484 form of writ,...... 484 amount in controversy, as determining jurisdiction,. 485 service of process,...... 485 hearing on sufficiency of bond,.... 486 pleading,....... 486 double pleading in,. 423 transfer of cause, if amount exceeds jurisdiction,.. 486 nonsuits,....... 487 evidence of title, and damages,.... 487 security for costs, from non-resident defendants,.. 487 REPORTER OF JUDICIAL DECISIONS, appointment; tostereotype his Reports,...... 47 salary and fees,...... 174 REPORTS, Connecticut, to be stereotyped; plates to belong to State, 47 Rules of practice to be published in,... 43 of other States, evidence of their judicial decisions, 438 REPRESENTATIVES, in Congress, how chosen; qualifications; number and apportionment,... xxix, xliii, 76 canvass of election,..... 76 notice of election to be given to; acceptance of election, 77 compensation; punishment, and expulsion; disqualifications,.... xxxi must reside in the district which elects them,.. 76 vacancies, how filled,... 76 in the General Assembly, number and apportionment,.... xlviii towns having 5,000 inhabitants to send two,.. lix to be electors of their towns,... xlviii, ix privileged from arrest, when,... xlix how chosen,...... lvii meeting to be adjourned one day in case of a tie vote, 74 special election, if no choice at regular election,. lvii to forfeit seat, by treating electors to liquors,.. 75 oath of,. 548 REPRIEVES, Governor may grant,.. 1 REQUISITIONS, Executive Governor may appoint agents to retake fugitives,. 544 INDEX. 711 REQUISITIONS,-continued. PAGE. expenses, how paid,. 541 State's Attorney to investigate application,... 544 proceedings, on requisition on the Governor,.. 544 conveyance through this State of fugitives apprehended in other States,. 544 RESCUE, of animals from pound,. 257, 528 of convicts,... 507 of inmates of reformatory school,..... 507 RESERVOIRS, fishing in,.... 223 bathing in,. 513 willfully defiling,.... 504, 513 RESTAURANT, frauds on keepers of,. 525 RESURRECTIONISTS,.. 513 RETREAT FOR THE INSANE at Hartford, selectmen may support insane poor there,... 25 RETROSPECTIVE EFFECT, this Revision not to have, as to new obligations,...... 551 RETURN DAY, of justice writs,. 398 REVENUE BILLS, of the United States, to originate in the House of Representatives,.... xxxi REVERSAL OF JUDGMENT, practice on,... 451 REVERSION, assignee of, rights on breach of condition,.. 471 REVERSION-ER, summary process by,.... 492 limitation of time for entry, after disseisin,. 493 REVISION OF 1875, Act to carry into effect,... 555 provisions for defining and establishing,.. 551-554 REVOCATION, of will or codicil,.... 370 REWARDS, to public agents, for breach of duty in purchasing,. 521 offered in capital cases,.... 543 in case of violation of graves,. 543 selectmen may offer, when,.... 543 for discovery of forgers, &c.,. 543 appointment of commissioners to determine party entitled to, 487 limitation of time for presenting claims,... 488 notice of hearing; report; fees,.... 488 RHINE WINE, license to sell,. 269 RIOTOUS ASSEMBLY, how dispersed,.. 508 obstructing proclamation, and not dispersing,.. 508 magistrates, &c., not to be punished for injuries done in suppressing riot,... 509 ROBBERY, how punished,... 499 if with force or arms,. 499 assault with intent to commit,. 499 ROCKS, blasting, in New Haven,.... 509 ROCKY HILL MEADOW, fences in,.... 552 ROMAN CATHOLIC churches, organization of societies,.. 299 ROPE-WALKERS, unlawful exhibition by,.. 528 RULE IN SHELLEY'S CASE abolished,... 354 712 INDEX. PAGE. SABBATH, secular business or recreation on, 521 public amusements on,.... 522 keeping open liquor or gambling saloon on,.. 522 letting carriage on,..... 522 prosecutions, how limited, and brought,. 522 conviction without trial,.... 532 not to apply to Jews,.... 522 civil process issued on, void,. 398 SABETHE RIVER, fishing in... 221 SALARIES,..... 172-175 when to be annual,.... 173 when payable,. 173 of State officers,...... 173 of members and officers of General Assembly,. 174 of judicial officers,..... 174 of military officers,.. 175 See SALARIES AND FEES.. 172-184 SALE, under execution,. 454-457 adjournment of, under an injunction,.. 479 of unclaimed goods or stray beasts,.. 365, 366 of perishable property, or live stock, on attachment,. 405 of personal property, with a chance of a prize,.. 521 of property under chattei mortgage,. 359 of estate of insolvent deceased person,... 375 of insolvent debtor,... 383, 392 conditional, attachment of interest under,... 407 of real estate of married woman,.... 348 of minor,.. 56, 365 of incapable person,... 347, 348 by order of court of equity,... 57, 481 petitions for, where brought,... 414 Statute of Frauds,...... 441 SALMON, protection of,...... 227 in Connecticut river,. 221 in Quinnebaug and Shetucket rivers,... 222 caught in pounds, to be released, and returns made,. 219 SALMON RIVER COVE, fishing in,.... 221 SAMP MORTAR STREAM, fishing in,.... 227 SAVINGS BANKS, definition of term,.... 553 not to change location,..... 280 charters not to be granted, except on petition and notice,. 79 disqualifications of officers,..... 291 investments and loans by,..... 291 deposits by, to bear interest, when,.... 292 deposits in one name, limited,.... 291 trust funds may be deposited in,.... 367 meetings, how warned,..... 292 accounts, how audited,..... 291 vacancies in offices,.. 292 INDEX. 713 SAVINGS BANKS,-continued. PAGE. liabilities and compensation of officers,... 292 penalty for loaning funds of, on one-name paper,.. 519 for neglect of officers to make proper returns,. 519 against officer consenting to taking illegal interest, or making illegal investment,... 520 officers not to be indebted to,.... 292 dividends,....... 292 removal of corporators,..... 292 treasurer, to make returns to Controller, annually,.. 168 to give bonds,..... 292 to notify Governor, if a Bank Commissioner owes the bank,..... 16 annual returns,...... 292 examination,..... 293 taxation of,....... 168 winding up of,...... 293 general penalty for violation of laws as to,... 293 SCAVENGERS of sewers and drains,.. 264-266 SCHOOL, penalty for disturbing,.... 509 estate granted for support of, protected,... 352 military, firing cannon at,..... 510 inspection of, when it holds State arms,.. 117 public, towns to maintain, free to all; length of terms,. 128 to have income of town deposit funds,... 89, 145 of School Fund,. 144 of local funds,.... 145 to be supervised by State Board of Education,.. 15 employment of teachers,.... 134, 129 duties of teachers,...... 142 text-books may be changed by State Board of Education, once in five years,. 14 registers to be kept,.. 15, 143 distribution of School Fund money, and State aid to, 144-147 State aid for libraries and apparatus,... 142 forfeiture for misapplying public moneys,... 145 extra expenses for, how paid,.... 146 SCHOOL DISTRICTS, formation and powers; towns may form, alter, &c.,...... 134 may consolidate... 139 records of bounds and name,.... 134 to be corporations; powers,. 134 notice of proposed change in bounds; appeal to Superior Court,....... 135 settlement of disputed bounds between,... 134 right to subscribe for bank stock,.... 284 disposition of property, on change in district,. 135, 140 jurisdiction over districts in two towns,... 136 union districts under Act of 1841,.... 136 7;1 4- INDEX. SCHOOL DISTRICTS,-continued. PAGE. meetings, how warned,.... 83, 136 how conducted; who may vote at,. 84. 136 penalty for illegal voting in,... 136 district committee, and other officers, how chosen, 136 vacancies, how filled,..... 137 duties of officers; bonds,. 137 duties of committee,.... 140 returns by,.. 141 enumeration of scholars by,.... 143 first committee-man to be agent of district,.. 90 school committee, when districts are consolidated, 139 school business to be done in town meeting,. 139 school expenses, how paid,.... 140 abandonment of union system,. 140 school house, must have a proper one,.. 137 new school house, how located and built,. 137, 138, 140 church site, not to be taken for,. 138 school house may be used for other purposes, when,. 138 support of schools,. on neglect to open school, School Visitors may open one,....... 137 appointment of public moneys, when district lies in two towns,...... 147 income of district funds, how applied,... 145 to pay school expenses, unnecessarily incurred,. 146 to receive no State money, till returns by committee are made,..... 146 nor unless a school was duly kept,.. 144 remission of forfeitures for neglect to keep school,.. 147 union school of two districts,.... 146 taxes, how laid and assessed,... 165, 166 on real estate in two districts,.... 165 omitted from grand list,... 166 sold since completion of grand list,. 166 board of relief,. 166 see EDUCATION,...... 126 SCHOOL FUND, how managed and applied; to be per. petual; application of income to public schools,. liii, 12 expenses to be deducted from income,... 13 all loans to be at seven per cent.,... 12 mortgage loans on real estate, to be on double security, 12 mortgagor to make oath to his title,... 13 remedy for waste on mortgaged lands,.. 13 Treasurer to receive all payments to,.. 13 Treasurer's accounts with, how audited,.. 8 INDEX. 715 SCHOOL FUND, how managed andf applied,-continued. PAGE. part of Treasurer's salary, payable from,.. 173 Controller to draw orders for income,... 13 real estate of, may be sold by Commissioner and conveyed by Treasurer,..... 12 Secretary may take acknowledgment of conveyances, when, 12 bonds of State belonging to, not transferable,.. 13 bank stock may be sold, and invested in,. 13 notice of death, or insolvency, of debtor to Fund, to be given to Commissioner,.... 13 if not given, record of mortgage deed to be sufficient presentation of claim,.... 13 petitions to General Assembly as to, how heard,.. 80 Comluissioner of the, to be appointed once in three years,...... 12 his general powers and duties,. 12, 13 to present claims of Fund against estates in settlement, 13 to keep account with each debtor to Fund,.. 12 to make annual returns to Controller and Treasurer,. 13 annual report to General Assembly,.. 12 inventory, for audit biennially,.. 13 to sit in hearing all petitions, as to the Funlj, to tile General Assembly,..... 80 to have charge of Agricultural College Fund,.. 149 accounts to be settled by Controller,... 13 right to vote in meetings of, and examine banlks, 284, 235 salary,....... 173 salaries of clerks,.... 173, 174 SCHOOL FUND TREASURER, towns to elect, when,.. 129 SCHOOL HOUSE, taking land for site,... 137, 138 use of, for other purposes,..... 138 willful injury to,...... 500 SCHOOL OFFICERS, to preserve school documents, &c.,. 133 SCHOOL SOCIETIES, meetings, how warned,... 83 how conducted,.. 84 to share income of School Fund,.... liv organized under Act of 1855,... 130, 131 service of process on,..... 403 property and obligations of former societies, transferred to towns,....... 130 preservation of records, and validation of same,. 130 apportionment between towns,... 130 income of society funds,... 145, 1:30 SCHOOL VISITORS, towns to appoint; number and terml of office, 129 officers and meetings,..... 132 secretary to record doings,..... 133 examination of teachers by. and certificates,. 132, 142 may be authorized to employ teachers,... 129 to give notice to adjoining towns of change of text-books,. 132 716 INDEX. SCHOOL VISITORS,-continued. PAGE. acting visitors,..... 132 to inspect factories where children are employed,.. 127 to supervise high schools,..... 142 to approve or make purchases for school libraries or apparatus,....... 142 to approve union of schools,. 146 may administer oaths, when,.... 133 may fill vacancies in district offices,. 137 to open a school in any district which neglects to do so,. 137 to approve plans for new school houses,... 137 to enumerate scholars, if district committee does not,. 143 to certify to amount of school expenses,... 145 when to act with selectmen in estimating expenses of schools, 145 to receive blanks and reports from State Board of Education, 15 to make returns to Controller,... 133, 144, 145 compensation,...... 133 penalties for fraud,...... 147 SCIREm FA CIAS, form and signature of writ,... 396 against garnishee,..... 429, 462, 463 where he is an executor, administrator, or trustee,.. 465 defence by one claiming the debt,.... 464 limitation of time for bringing,.... 494 death of executor, administrator, or trustee, when defendant, 465 commission to take disclosure on,.... 464 on judgment on penal bond,. 445 SEAL, equivalent for,...... 438 limitation of time for bringing action on contract under,. 494 counterfeiting public,..... 507 SEALERS OF WVEIGHTS AND MEASURES, duties of,. 273 SEAMEN, town monument to,..... 86 SEARCHES, unreasonable by LT. S. officers, forbidden,.. xl by State officers, forbidden,... xlvi SEARCH WARRANTS, in case of cruelty to animals,.. 533 for gaming tables,...... 229 gaming implements,...... 537 obscene books or pictures,.... 53 7 intoxicating liquors,..... 270 SEA-SHORE, removing stone from,.... 528 marine vegetable deposit from,.. 345 SEA-WEED, right to,...... 345 SECOND-HAND DEALERS, licenses,.... 518 SECRETARY, how chosen; to keep State records and seal, li, lvii, 8 majority required to elect,.... 74 vacancy, how filled,...... 74 to keep records of Connecticut Land Co., and of Superior Court up to 1798,.. 9 to certify to copies,.... 9 to prepare roll of each General Assembly,... 10 INDEX. 717 SECRETARY, — continued. PAGE. to preside at organization of Senate, annually, 78 to docket all petitions to General Assembly, 79 to sit on hearing all as to School Fund,.. to present all Acts to Governor for approval,.. S1 to publish the laws of each Session, and distribute them, 9 duties as to canvass of returns of elections, xlix, li, lvii, 73, 75 6, 677 to record appointment and qualification of State Chemists, 20 to notify senators and representatives in Congress, of their election,..... to notify senators, judges of Probate, and sheriffs, of their election,..... 73 to revoke notice to judge of Probate or sheriff, if election reversed on appeal,..... 74 to notify Governor of result of special election for judge of Probate,. 735 to record and certify to elections of town clerks and registrars of births, marriages and deaths,... 25 to certify to official character of justices of the peace, 35 to transmit list of those returned as elected, to General Assembly, 73 to transmit revised list to clerk of Superior Court, 73 to notify town clerks of any changes in the list,. 73 to register and index returns of joint-stock corporations, 312 returns to, by railroad mortgagees,. 333 to record railroad liens, 361 to certify to copies of certificate of organization of jointstock company, 439 may take acknowledgment of School Fund deeds, when, 12 to send to town clerks blank forms for election returns,.73, 77 to send County Commissioners blanks, for returns as to jails, &c.,...... 105 to give notice to State's Attorney if they neglect to respond, 105 salary, and fees, 173 salary of clerks,. 173, 174 SECRETARY OF STATE BOARD OF AGRICULTURE, see AGRICULTURE, 18, 19 SECRETARY OF STATE BOARD OF EDUCATION, see EDUCATION, 15 SECTION, meaning of reference to "preceding " or "succeeding," in this Revision, 554 SECURITY, held by creditors of insolvent estates, 390 subrogation of factorizing creditor,. 408 SEDUCTION, 511 SEINE INSPECTORS for shad fishing, 17 SELECTMEN, to be annually elected,. liv, 24 number; who to be first selectman,. 24 first selectman to be town agent, 90 48 718 INDEX. SELECTMEN, —continued. PAGE. powers and duties, generally, 25 to cause town officers to be sworn, 25 to require bonds of treasurer,.. 27 may fill vacant town offices,. 26 may contract for support of insane poor at Hartford Retreat,...... 25 to make returns of deaf and dumb, and blind persons, 25 may license and inspect junk shops,... 26 to recommend liquor dealers for license,.. 268 not to be registrar of voters,.... 65 powers as to admission of electors,.. lii, 68 69 duties as to conduct of electors' meetings,.. 70 powers as to providing safe or vault for Probate records, 57, 58 duties as to lay-out of ways,... 235, 236 to dispose of common lands, when,... 357 to erect pounds,. 254 forfeiture for neglect,.... 528 to keep up guide-posts,. 235 duties as to town work-houses,. 109 as to insane paupers,.... 96 as to dangerous insane persons,... 99 to enroll the militia, and make returns,... 112 penalty for neglect,.... 113 may administer oaths, in enrolling,... 113 to draft for active service, if required by Governor,. 111 to add commutation tax to rate-bills,... 112 to make returns of soldiers' or sailors' orphans, entitled to State aid,...... 95 penalty for neglect,.... 96 may license exhibitions, when,... 546 to see that parents bring up their children well,. 127 to bind the children out, if necessary,... 127 may give child in adoption, when,... 189 to settle disputed boundaries of school districts,. 134 may offer reward for apprehension of criminals, when, 543 to levy a tax, although town neglects to lay one,. 161 may provide a lock-up,. 546 to see that buildings are safe,.. 261, 262 to act as fence-viewers,. 208 fees, as fence-viewers,.... 182 to act as board of health,.... 258 to regulate use of gunpowder,... 261 duties as to paupers; as to their gaining a settlement. 195, 197, 198 as to their support,. 199, 200 may sell estate of deceased, when,. 200 duties as to standard town weights and measures,.. 273 to appoint overseers of spendthrifts,. 349 INDEX. 719 SELECTMEN, continued. PAGB. penalties against, for false certificate of tax abatements,... 525 for not maintaining sign-post,. 530 for any neglect of duty,.... 519 See MILITIA; PAUPERS; TOWNS. SENATE, of Connr eticut, how constituted,.. xlvii, xlviii may decide on election of its members, choose its officers, and regulate its proceedings,. xlviii general powers,..... xlviii, xlix to try all impeachments,.... liv to approve nominations of Railroad Commissioners,. 15 of Insurance Commissioner,. 16 of members of State Board of Agriculture,.. 118 of military general officers 114 to appoint trustees of State Reform School,.. 92 of Connecticut Hospital for the Insane, 96 Secretary to prepare roll of members,... 10 mode of annual organization,... 78 grants for contingent expenses,... 81 of the United States,.... xxix how composed; officers; powers,.... XXx quorum, rules, journal, entry of yeas and nays; adjourn. ments,.... xxxi each State always to have an equal representation,. xxxvii SENATORIAL DISTRICTS, how constituted; may be re-adjusted decennially,.. lvi, 63, 64 number of senators to be elected in each, how determined, lvi SENATORS, of Connecticut, number,... lvi, 63 mode of election; canvass of election,.. xlviii, lvi, lvii election by House, in case of a tie vote,.. lvii privilege from arrest,..... xlix three senior, to be visitors of Sheffield Scientific School, 149 may sign civil process,. 397 oath of,. 548 of the United States, how chosen,.. xxx, 75, 76 notice of election to be given to; acceptance of election, 77 term of office; qualifications,... xxx, xxxi compensation; privilege from arrest, &c.,.. xxxi SENTENCE, to town work-house,.. 109, 511 to county work-house,... iiO, 535 to State prison, how pronounced,... 539 notice of, to warden,... 539 alternative, of minors, to jail, or State prison,.. 539 or work-house,.. 110 to State Reform School, or prison, 93 to Connecticut Industrial School for Girls, or prison,.. 98 720 INDEX. SERVICE OF PROCESS. PAGE. civil process,... 401-411; 454-466 time of service of mesne process,.. 401 return of process,. 401 mode of service,..... 401 of writ of replevin,. 485 attachment of real estate,.... 402 of a partner's private estate,.. 402 of stock in corporations,... 402 of leasehold interests, or franchises,. 403 against corporations,... 403 against voluntary associations,. 403 on non-resident executor or administrator,.. 403 attachment against non-resident,... 403 foreign attachment against corporation, 403 against partnership,.. 404 on agent of non-resident garni~hee,... 404 on garnishee, where defendant is a non-resident, 404, 410 notes taken by foreign attachment, not to be negotiated, 409 bill of interpleader against garnishee,... 409 substituting bond for property attached,. 406, 409 on joint contractors, when part are non-residents,. 410 on non-resident railroad directors,... 410 orders of notice to non-residents, &c.,... 410 to representatives of deceased persons, 410 death, removal, or retirement of officer, before completing service,...... 411 completing service by officer beyond his precincts,. 411 by indifferent person,..... 398 costs, when not allowed for,... 446 of writs of error, on non-residents,... 450 on highway petitions,.. 450 of executions, see EXECUTIONS,.. 454-466 completing levy, after going out of office,.. 466 criminal process,. 533 justice warrant,. 533 by indifferent person,.. 533 search warrant, on complaint of cruelty to animals,. 533 SET-NETS, use of, regulated,..... 219 SET-OFF, of mutual debts,..... 424 in suit by assignee of chose in action,... 425 claim of set-off to an amount beyond jurisdiction of court; transfer of cause,. 425 failure of defendant to complete transfer; costs,.. 425 in trespass and case,. 426 bill in equity for set-off,.... 426 SETTLEMENT, how gained by foreigners,... 195 by citizens of other States,.. 195 by change of residence from one town to another,... 196, 197 INDEX. 721 SETTLEMENT, -continued. PAGB. meeting of board to grant,. 195 of married women,... 196 of children of State paupers, or born in hospitals,.. 196 removal of persons, to prevent their gaining,.. 197 warning to'such persons to depart,.197 such persons not to be harbored,.... 198 evidence of refusal to pay taxes,.. 198 see PAUPERS. SEWERS, through low lands, commissioners of,... 263 organization of proprietors of low land, to construct,. 263 how maintained,... 263, 264 scavengers,...... 264 may be built under another's land, by leave of court, 264, 265 drain companies, formed to construct,.. 265. 266 willful injury to,... 501 SEWING MACHINE, exempt from execution,... 456 SEWING-SILK, length of skeins,. 530 SEWING-THREAD, cotton, how to be marked,.. 274, 527 SEXTONS, appointment and powers of,... 293, 294 see BURYING-GROUND. SHAD, how inspected and branded,... 274, 275 imported, not to be branded,.... 527 fisheries for, seine inspectors of... 17, 222 by weirs or pounds in the Sound,.. 220 in Quinnebaug, Shetucket, Thames, and Housatonic rivers,.... 222 see FISH, and FISHERIES. SHAKERS, trustees and church organization of,... 299 SHEEP, dogs found worrying to be killed,... 267 if injured by dogs, owner of dog to make compensation,. 267 letting out of enclosure, to impound,... 505 exemption from execution,.. 456 rams not to go at large,. 254 SHEFFIELD SCIENTIFIC SCHOOL, gratuitous instruction at in agriculture and mechanics,.... 149 selection of pupils,..... 149, 150 reports; board of visitors,..... 149 secretary of, duties,. 150 SHELLEY'S CASE, rule in, abolished,.... 352 SHELL-FISH, see FISHERIES and OYSTERS,.. 213 not to be taken from bridges,.... 501 SHELLS, gathering in Thames river,.... 216 in New Haven harbor, or off Branford,... 217 SHEPAUG VALLEY RAILROAD COMPANY, bonds issued in aid of, when not taxable,.. 155 SHERIFF, how chosen; term of office; bonds; vacancy, how filled,.. li, lvill, 30, 74 canvass of election of,.... 73 722 IND)EX. SHERIFF,-continued. PAGE. tie vote for,....... 74 contested election of, how decided,..74 disqualifications,...... 34 commission; to be conservator of the peace in his county,. 30 may call out the militia, if necessary,... 30 duties in serving process; damages for neglect,.. 31 penalty for not paying over money collected,.. 31 removable for taking illegal fees,. 31, 32 may arrest without warrant, when,. 34 completion of service of process out of his precincts,. 411 after his death or removal from office, 411 to have charge of jails, and be responsible for defaults of jailers,....... 104 to permit prisoners in civil process to go on jail liberties, when, 105 may appoint deputies; their powers; liability for their defaults, 31 their number in each county,. 31 disqualifications,... 34 jailers,.. 32, 104 appointments to be in writing and recorded,. 32 fees for appointments,. 32 deputies and jailers, how removable,.. 32 to hold over after death, &c., of sheriff, 32 continuing liability of his estate,. 32 direction of civil process to,. 398 special deputation by,..... 31, 398 not to serve process till he has given bonds,.. 422 not to fill up process,...... 422 not to buy claims to sue on,. 528 service of mesne process,.... 401-411 of final process,.... 454-466 duties in return of votes for Governor,... xlix to attend on Supreme Court of Errors, Superior Court, Court of Common Pleas, and District Court,. 39, 179 to seize boats, &c., used for illegal fishing,... 217 limitation of time for suits against,.... 495 fees,....... 179-181 SHETIJCKET RIVER, fishing in,..... 222 SHIPPING, see VESSELS,.... 249-252 lien of material-men on,.... 362, 363 SHOE, chained wheels to have,... 233 SHOOTING, season for, &c.,.... 229, 230 SHORE, removing stone from,..... 528 SHRUB, willful injury to or removal of,.... 504 SIDEWALKS, towns may make by-laws as to, when,.. 85 willful injury to,...... 501 obstructing, by loitering on.... 509 SIGNALS, at railway crossings,.... 320 electric, willful injury to,..... 502 INDEX. 723 PAGE. of Coast Survey, willful injury to,. 205 SIGNING PROCESS, fees for,.... 183 SIGN-POSTS, neglect to /haintain,.... 530 SILK, sewing, length of skeins,..... 530 SINGtULAR NUMBER, as used in statutes, may include plural,. 554 SKEINS, of sewing silk, length of,.... 530 SKINS, inspectors of,...... 274 SLANDER, limitation of time for suing for,... 494 SLAVERY, abolished,... xlii slaveholders not to be compensated,.... xliii SLIPS, see PEWS,..... 296, 297 SMALL POX, precautions against,... 260, 261 SOCIETY, ECCLESIASTICAL, see ECCLESIASTICAL SOCIETY,....... 296 eleemosynary, who to be general agent of,... 90 literary, who to be general agent of,... 90 school, see SCHOOL SOCIETIES,.. 83, 130 SODOMY,.. 510 SOLDIERS, town monument to,.... 86 orphans of, State aid to,.... 95 penalty for making false representations to get such aid,. 96 SOLVENT ESTATES, see ESTATES OF DECEASED PERSONS, 368 SiOUTH COVENTRY POND, fishing in,.. 225 SPEAKER OF THE HOUSE OF REPRESENTATIVES, of the United States, how chosen,. xxx of Connecticut, how chosen,..... xlviii to preside at organization of house, the next year,. 78 compensation for so doing,.... 78 SPECIAL ACTS, to be published in a pamphlet, annually,. 9 how engrossed, dated, and signed,.... 81 official record of,...... 81 take effect, when; style of enacting clause,... 81 SPECIAL CONSTABLES, how appointed,... 33 SPECIAL DEPUTATION, to serve process,... 398 SPECIAL VERDICT,...... 443 SPECIALTY, use of scroll, &c., for seal,... 438 limitation of time for suit on,.... 494 SPIRITUOUS LIQUORS, see INTOXICATING LIQUORS, 268-271 SPORTS, unlawful exhibition of,.... 517 SQUARES, public, towns may lay out,.. 86 injury to trees, fences, &c., on,.... 501 See COMMON. SQUANTZ POND, fishing in,.... 225 STABLE, setting fire to,...... 502 STAMFORD, harbor-master for,..... 249 dumping rubbish in harbor,. 252 STAMPS, counterfeiting manufacturer's,.... 523 U. S. Internal Revenue, evidence of record of,.. 439 STATE, treason against,...... 497 724 INDEX. STATE,-continued. PAGE. territorial subdivisions of, 1. 2 provision for survey of, 55.3 injuries to property of, 500 suits by, privileged, 4. 130 records, to be kept by Secretary, 8 bonds, trustees may invest in,.. 367 exchange of registered for coupon, 8 mortgages to, how released,. 353 finances, annual account to be published,... li claims in favor of, to be presented and prosecuted by Controller,. 10 privileged in case of insolvency,.. 375, 386 claims against, to be settled by Controller, I... 10 to be supported by oath of claimant, and vouchers,. 1 for services, how to be proved,.. 11 fines and forfeitures due to, clerks of courts to return, 11 State's Attorneys to account for, 11 offices to be provided by Controller with furniture and stationery,. 11 may subscribe to stock of any bank, 284 escheats to,.., 345, 365 printing, Controller to order, i to support certain paupers, 200-202 taxes, how collected on execution, 454 bonds of, public faith pledged to pay, 552 seal of, counterfeiting, &c.,. 507 recognizances, when to be taken to, in criminal cases, 534' entitled to fines, when,... 546 costs in criminal prosecutions, when to be paid by,. 541, 542 of Executive requisitions, when to be paid by, 541 for support of capital offenders, to be paid by, 542 paid to clerk by State, and not claimed, to revert, 543 See EDUCATION, GENERAL ASSEMBLY, GOVERNOR, PUBLIC OFFICERS, and SALARIES, STATE CHEMISTS, appointment and duties,... 20 records, as evidence,. 439 fees, 174 STATE DUTIES IN COURTS, 175 STATE LIBRARIAN, appointment; duties; report,. 21 to furnish blanks to registrars of births, marriages and deaths, 29 to tabulate their returns, 29 salary, 173 STATE LIBRARY, annual purchases for,. 21 documents printed for General Assembly to be preserved in, 81 copies of journals of each House to be deposited in, 82 STATE LIBRARY COMMITTEE, 21 INDEX. 725 PAGE. STATE PRISON, to be at Wethersfield,.. 101 inspection by Board of Charities,.. 20 directors, how appointed, and vacancies, how filled, 19 powers and duties, 101 salary,. 1 73 appointment of warden, chaplain and physician, 101 their powers,. 102 exemption from arrest on civil process; discharge for debt, 103 overseers,. 102 employment of convicts,.. 102 punishment of refractory or disobedient prisoners, 102, 103 term of imprisonment, how shortened by good conduct, 102 prisoners detained for fine or costs; wages, and how discharged,....... 103 warrants of commitment to, how executed,.. 540 sentences to, how pronounced,.... 539 escape: expense of recapture,.. 103 when cut of repair, prisoners may be kept in a jail,. 103 discharged convicts and their children, when State paupers, 200 petitions for release from; notice of, and defence against,. 80 punishment of guards and overseers,... 102 United States may use,..... 103 aiding in escape from,..... 507 STATE REFORM SCHOOL, establishment at Meriden,.. 92 trustees: appointment, powers, and duties,... 92 expenses of, how paid,.... 173 duties of superintendent,..... 93 who may be sentenced to, and for how long,.. 93 alternative sentences,... 93 indenturing boys to,... 98 discharge of boys committed to,....92, 93 State support of,..... 173 commitment of truants to,... 128 religious instruction in,... 98 binding out boys from,.... 98 aiding in escape from,.... 507 STATE'S ATTORNEY; appointment and removal; bonds,. 42 assistant, or special, how appointed,... 42 duties in criminal matters. when to file informations,... 531, 532 to tax costs for board of prisoners,... 543 may discharge poor prisoners, when,.. 105, 540 to defend against petitions for release from State Prison, when,..... 80 from insane asylums, when,.. 537 duties in civil matters. to prosecute proceedings in rem against liquors,. 271 726 INDEX. PAntE. STATE'S ATTORNEY, duties in civil matters,-continued. to prosecute proceedings in remn against horse seized at horse race,...... 516 information in the nature of a quo warranto,.. 482 to complain of defective roads or bridges,.. 233 and ferries,.... 248 of telegraph poles improperly set up,. 341 of insolvent banks,.. 288, 293 to collect State and county forfeitures,... 530 to collect and account to Controller for all State dues,. 11 to be charged in account with them,... 11 to advise Governor, as to issuing Executive requisitions, 544 fees,....... 176 fees of assistant,..... 177 STATES, forbidden to pass certain laws by U. S. Constitution, xxxiii, xlii and to kee'p troops, or ships of war, make cornmpacts with other Powers, &c.,.. xxxiv rights reserved in U. S. Constitution,... xli guarantied a republican form of government,. xxxvii not to be deprived of equal suffrage in the Senate,. xxxvii admission of new States,. xxxvii STATIONS, railway, see RAILROAD COMPANIES,.. 326 STATUES, in public places, willful injury to,.... 501 in libraries, willful injury to,.... 501 STATUTE OF FRAUDS,..... 441 STATUTE OF LIMITATIONS,..... 493 STATUTES, as to crimes, repeal, when not to bar pending prosecutions,....... 545 STATUTES, REVISED-went into effect, when,... 1 repeal of prior statutes,..... 551 Act to carry into effect,..... 555 record copy of,...... 555 STAY OF EXECUTION, when refused, on writ of error, 451, 452 against garnishee,..... 464, 466 in summary process, pending application for writ of error,. 492 STEAM BOILERS, inspectors of,.. 275 refusal to allow inspection of,.... 522 use of, after inspectors have forbidden it,... 522 STEAM RAILROADS,..... 318-339 STEAM VESSELS, speed in certain harbors regulated,.. 252 refuse from, not to be dumped overboard,... 252 checks for baggage to be given on,.... 252 fraudulent evasion of paying fare on,... 525 willful injury to machinery of,.... 504 offences committed on, where punishable,... 532 STEAMBOAT POLICE, how appointed; powers; badge,. 33 may arrest without warrant, when,. 34 STOCK, live, sales of, on attachment,.... 405 INDEX. 727 STOCK, continued. PAGE. in corporations, fraudulent subscriptions to,.. 278 liens on and pledges of,.. 279, 314 voting on: proxies,... 279 assessments and taxes on,.. 279, 280 attachment of,.... 402 levy of execution on,... 457 information to be given to attaching creditor,.... 280 see CORPORATIONS. STOCKHOLDER, may maintain mandamus against corporation,. 480 assessments on $tock,..... 279 stock votes; proxies,..... 279 information to creditors of, -... 280, 402 winding up corporations, on petition of,... 281 STONE, removing from sea-shore,. 528 STONINGTON, fishing in waters of,... 221 harbor-master for,.... 249 STORES, public; willful injury to,.... 500 breaking into by night,.... 502 STOVE, exempt from execution,..... 656 in public buildings, willful injury to or theft of,.. 500 STREAMS, fisheries in,..... 223-227 unlawfully damming,. 253 throwing rubbish' into,.... 254 damming for milling purposes,.. 472-474 STRIKES, intimidating employees,.. 510 STUDENTS, giving credit to minor,... 526 SUBORNATION OF PERJURY,.... 506 SUTBP(~EVA, issue and service of,. 435 form of,. 435 to deponents,. 436 in crininal cases,...... 533 fees for signing,...... 183 SUCCEEDING SECTION, means what,... 554 SUFFIELD, taxation on account of burying grounds in,.. 552 SUFFRAGE, free, to be supported by law,. liii not to be denied for race, color, or previous servitude,. xliii SUMMUARY PROCESS,.. 491, 492 notice to quit; complaint and summons,.. 491 jury,....... 491 judgment,. 491 assignees and mortgagees,. 491 lease of county property,..... 492 of town property,.. 492 by reversioner or remainder-man,.... 492 use of leased premises as house of ill-fame,... 492 the judgment no proof of title,... 492 notice to quit, waived in lease,... 492 728 INDEX. SUMMARY PROCESS, -cdntinued. PAGE. writ of error; bonds, 492 privileged as to order of trial, 430 no appeal in,. 415 SUMMONS, writ of, form and signature,. 396 service of,. 401, 403 subpoena for witness,.. ~ 435 SUNDAY, secular business,or recreation on, prohibited, 521 civil process issued or served on, void, 398 public amusements on. 522 limitation of prosecutions,..... 522 keeping open liquor or gambling saloon on,.'. 522 jurisdiction of prosecutions for, 522 conviction, without a hearing,. 532 letting vehicles on,...... 522 not to apply to Jews, 522 SUPERIOR COURT, organization, and sessions; established by the Constitution, lii judges, how appointed, and term of office; how removable,...... lii, lviii to be eleven judges; terms when and where held, 40 condition of holding terms at ~Waterbury,. 42' special terms; what may be tried at,. 43 to be held, if Bar request, 44 adjourned terms,. 44 adjournments from one shire town to another,. 41 adjournments, if no judge attends, 44 accommodations for, how provided,. 62 in Fairfield county, 42 civil jurisdiction;... 40, 413 venue, 414 transfer of causes to another county,. 415 in New Haven county to Court of Common Pleas,. 415 appeals to, from justices of the peace, 415 Probate appeals, 55 Equity procedure, 40 over divorces, 188, 189 assignments for trial, how made, 44 service and return of writs before, 401 may order pleas to be filed,. 43 may reserve case for advice of Supreme Court,.. 430 over prerogative writs,. 476-482 election whether to sue at New Haven or Waterbury, in New Haven county; transfers from one place to the other,.... 42 continuances over July term, in Hartford county, 41 to regulate admission and conduct of attorneys, 44 to appoint auditors of county accounts, annually, 23 INDEX. 729 SUPERIOR COURT, civil j uri sdiction,-continued. PAGE, powers as to construction and repair of roads and bridges,..... 231-240 may compel repair of roads and bridges,.. 233 of dower lands,... 377 may establish lost boundaries,.. 355 may order removal of telegraph poles,... 341 may change persons' names,.... 40 may change name of joint-stock corporation,.. 312 injunctions against nuisances,... 477 478 may appoint commissioners of sewers,... 263 may organize drain companies,. 265 may wind up corporations,. 281 banks,.... 288 savings banks,... 293 insurance companies,.. 309 to license pilots, and fix pilotage,... 250 new trials and error,. 447-452 criminal jurisdiction, of original informations,... 531, 536 on appeals or binding over,.... 536 certain appeals, when to be tried,.. 536 grand jury, when required,.... 536 insane convicts, how disposed of,.. 536 application for enlargement of insane person,.. 537 search warrant to enter houses used for printing obscene books, or gaming,... 537 when gaming implements, &c., may be destroyed,. 537 costs to be paid by Treasurer to the clerk,. 543 if not claimed, clerk to account to State for them,. 543 judges of; annual meeting, assignments, and appointments, 42 special meetings,... 43 may establish rules of practice,. 43 any one may take another's place,... 44 to sit with Probate judge, at his request,.. 54 may decide on contested election of sheriff or judge of Probate,.... 74 proceedings as to forfeitures for horse.racing,.. 516 of gaming implements; search warrant,... 537 of obscene books and prints, 537 duties on application to compel location of railway depot, 327 as to compelling railroads to make proper connections,. 328 as to assessing damages from constructing telegraph line,... 341 may try cases of forcible entry and detainer,. 475 may issue writ of habeas corpus, 476 appeal to, from municipal assessments of damages or benefits,... 91 730 INDEX. SUPERIOR COURT, judges of,-continued. PAGE. appeal to, from Railroad Commissioners, 323 may remove overseers of spendthrifts,. 350 may order confinement of an insane person, 98 may order discharge of patient from inebriate asylum,. 100 salaries,. 174 clerks, how appointed; assistant clerks,... 42 bonds of, 61 general powers and duties, 61 returns to Controller of State fines and dues, 11 to account to him for fees received for State,.12 representatives of deceased clerks to account, 12. 1 to report divorces to State Librarian, 21 to record commissions of notaries public, and certify to their official character, 21, 22 to certify to official character of justices of the peace, 35 to notify warden of State prison of sentences to prison, 539 to keep, amend, and certify to County Court records, 44 to be clerks of Supreme Court of Errors, 47 fees of,. 175 commissioners of, appointment, term of office, and powers, 44 may sign civil process,. 397 SUPPLEMENTAL BILL, notice of, 429 SUPRE'ME COURT OF ERRORS, established by the Constitution, lii judges, how appointed, and term of office; how removable, lii, lviii to be four in number, besides the Chief Justice, 45 to be also judges of the Superior Court, 45 semi-annual meetings to read opinions, 48 salaries, 174 jurisdiction to be final, 45 may institute rules of practice, 45 may make rules for criminal practice, as to costs, 542 service and return of writs before, 401 terms, when and where held, 45 adjournment of terms, when no judge or quorum attends, 46 three judges to be a quorum, 46 judges of Superior Court may be called in to supply vacancies, &c., 46 parties may demand a full court, 46 cases to be tried where they originate, 45 unless parties agree otherwise, 46 priority of causes originating in another county, 46 reservations for advice of, 430 dissolution of injunction, by advice of, 479 judgment by consent, 47 no judge to sit in revising, his own decisions, 46 offer to waive disqualification of judges; judgment, if waiver not accepted,. 47 INDEX. 731 SUPREME COURT OF ERRORS, —continued. PAGE. no judgment of reversal, except by a majority vote,.. 46 Chief Justice to have casting vote, in deciding on case reserved before judgment,. 46 practice on motions for a new trial,... 448, 449 on motions in error and writs of error,. 449-452 may correct motion for a new trial,.. 449 lists of all causes brought, to be returned by clerks of courts below,.... 47 information as to same to be given to Chief Justice,. 47 certified copies of the records to be transmitted to clerk by clerks of courts below,.... 47 clerks of Superior Court to be clerks of,.. 47 fees of,..... 175,176 costs taxable in, for prevailing party,... 177 notice of decisions to be given to clerks of court below,. 48 decisions to be reported; appointment of Reporter,. 47 plates of published reports, to belong to the State,.. 47 opinions to be given to Reporter, semi-annually, or oftener,. 48 salary of Reporter,...... 174 SUPREME COURT OF THE UNITED STATES, how constituted,....... xxv judges, how appointed; term of office; salaries,. xxxv SURETIES OF THE PEACE, may be required, when,. 534 SURETY, discharge in insolvency of principal,... 386 on bail bond, rights of, in civil actions,... 412 incriminal cases,... 535 on Probate bond, may call principal to account before Probate Court,..... 58 may be discharged, when,.. 58 SURGEON GENERAL, appointment,.. 113 duties,..... 112, 119 SURVEY of the State, appropriation for,... 552 U. S. Coast Survey,. 204 SURVEYORS OF HIGHWAYS, to be annually elected,. 24 SURVIVAL OF ACTIONS, death of party,.. 421 death of co-plaintiff or co-defendant,... 421 what actions of tort survive,. 421 what rights of action for torts survive,... 422 suits by or against executor or administrator,.. 422 death of appellant, pending Probate appeal, 422 actions of disseisin,...... 422 successor of public officer may enter,... 422 may bring action,.. 416 SWEARING, profane, how punished,.... 512 conviction of, on view,..... 532 SWINE, exemption from execution,.... 456 letting out of enclosure, to impound,. 504 SWITCHES, railway,.... 331, 332 732 INDEX. SWITCHES,-continued. PAGE. willfully displacing,.... 502 SWORN, term includes affirmed, when,. 554 TAIL, ESTATES, limitation of,..... 352 TALESMEN, when summoned,..... 434 oath of,....... 434 TAUNTON POND, fishing in,..... 225 TAVERNERS, to give notice if lodger has contagious disease,. 260 frauds on,....... 525 TAXATION, assessment of taxes,... 152-160 assessors, election of,..... 24 tax-payers to be warned to return lists,... 152 lists, how made out, and verified,.... 153 assessors to make lists for those who fail to return them, adding 10 per cent.,'...... 153 to revise and correct lists returned,.. 153 may take lists of last year from town clerk,. 153 to make lists for non-residents,... 153 to make abstract, and grand list, under oath,. 153 fees,...... 182 poll tax; exemptions from,..... 154 exemptions of property,..... 154 of Pequot Indians,.. 552 property out of the State, and taxed elsewhere, 156 real estate, liable to taxation,.... 155 personal estate, liable to taxation,.... 156 mortgage loans, where to be listed,'.... 156 rule of valuation,...... 156 property of corporations,'where and how taxed,.. 156 stock in banks, and trust, insurance, turnpike, bridge or plank-road company,..... 156 returns of stockholders' names, &c., to assessors,. 157 of property held by corporations, as collateral, 157 penalty for transfer of stock to evade taxation, or false statements as to,...... 157 trust property, where listed,..... 157 estates of deceased or insolvent persons, how taxable,. 158 tenants for life or years,..... 158 manufacturers, traders, and mechanics,.... 158 traders, where taxed, if not located,.... 158 goods held for sale on commission,.... 158 water power,. 158 dogs,. 159 board of relief, election of,..... 24 meetings and powers, appeals to,.. 159 may deduct for indebtedness, when and how,. 159 amount deducted, to be added to list of creditor, 160 lists not to be reduced, unless sworn to,. 160 amount of deduction for debts, how limited,. 160 INDEX. 733 TAXATION, assessment of taxes,-continued. PAGE. board of relief, appeals to, when to be taken, 160 abatement of polls,. 160 town clerk to send copy of grand list to Controller, 160 Board of Equalization; notice by, of alterations made,. 160 highway and bridge taxes,. 233 military commutation tax, how laid.. 112 to be paid by towns to State.. 112 by corporations, how collected,.... 280 by drain companies,.... 266 by proprietors of common lands,... 357 by ecclesiastical societies,.. liii, 296 by the United States,. xxxiii collection of taxes,.... 161-165 taxes to be levied on list of last or present year, 161 selectmen to collect tax, though town lays none,. 161 collection of State tax from towns,.. 161, 454 if levied on private property, town to make compensation,.... 161 taxes due State or United States, privileged in case of insolvency,. 386 collectors of town taxes to be annually elected. 24 tax collectors; rate bills; tax warrants,. 162 collectors to give bonds; execution against,. 162 their removal; vacancy in office of collector., selectmen to fill,...... 162 representatives of deceased collectors may collect balance of tax,.... 162 abatement of taxes; reports as to,. 162 powers of collectors,. 162 collectors to give notice when taxes are due; extra interest,... 163 levy of tax warrant,..... 163 adjournment of sale, on account of injunction.. 479 levy on estate in chattels for life or years,.. 163 taxes a lien on land, how long,... 163 lien may be continued, how,.... 163 land, how sold for taxes,.... 164 relief by taking poor debtor's oath,... 164 collection of taxes in Hartford and New Haven,. 164 collectors of town taxes to make monthly returns. 164 to return list of delinquents to selectmen,.. 198 fees of,. 180 form of tax warrant,... 164, 1 G5 school district taxes,... 165, 166 to be laid on what,.... 165 amount, in towns having a city within their limits,. 146 land in two districts, how assessed,... 165 49 )734 INDEX. TAXATION, school district taxes,-continued. PAGE. board of relief...... 166 land not in, or sold since grand list, how assessed,. 166 county taxes,..... 166, 167 how laid and collected,..... 166 for court-houses or jails,.... 167 special taxes on corporations,.. 167-171 stock of non-residents in national banks,.. 167 in certain other corporations,. 167 corporations to have a lien on such stock,... 168 returns and payments by savings banks,.. 168 by railroad companies,.. 168 how apportioned, if road is in two States,... 168 when taxes may be deducted from rent of road,. 169 by express companies,.. 169 by telegraph companies,.. 169 Board of Equalization to revise these returns,.. 169 forfeitures for neglect to make the returns,.. 169 returns by mutual insurance companies,.. 169 penalty for neglect,.... 170 rate of tax, and when payable,... 170 Board of Equalization to revise these returns,.. 170 returns and payments by agents of insurance companies of other States,..... 170 returns and payments by agents of insurance companies of foreign countries,..... 170 no neglect of Board of Equalization, to bar forfeitures or dues to State,..... 171 local and special exemptions, in Suffield, as to burying-grounds,... 552 Yale College,...... 552 Pequot Indians,. 552 penalty, for false certificate by collector,... 525 by selectmen,.. 525 forfeiture by town for not appointing assessors,.. 526 or not having legal assessment made,. 526 TEAMS, when to turn out on highway,.... 234 TELEGRAPH COMPANIES, may put up poles and lines, how,. 341 lines to be personal property,... 341. removal of poles by Superior Court,.. 341 style of poles in cities and boroughs,... 341 construction damages, how assessed,... 341 lines may be cut, if necessary,.... 342 taxation of; annual returns to be made to Controller,. 169 dispatches, to be sent in their order,... 342 certain privileged exceptions,... 342 INDEX. 735 TELEGRAPH COMPANIES,-continued. PAGE. stockholders, how far liable to creditors,... 342 willful injury to lines, poles, &c.,.... 505 TENANT, under lease; rent stops if premises untenantable,. 354 waste by,..... 490 for life, waste by,...... 490 TENANTS IN COMMON, by devise or bequest,. distribution among, 371 action by one,...... 417 of account between,..... 467 statute of limitations, when not a bar in,.. 494 partition between,..... 480 481 sale of estate, by decree in equity,... 481 TERM of office, for State officers begins Sept. 1st,.. 22 for town officers,...... 24 of judges,....... lii TERRITORIES of the United States, appointment of Commissioners of Deeds in,..... 22 TESTATE ESTATES, see ESTATES OF DECEASED PERSONS,....... 368 THAMES RIVER, taking oysters or shells from,... 216 shad fisheries in,...... 222 TH-ANTSGIVING DAY, paper falling due on,... 344 THEATRICAL REPRESENTATIONS, without license,.. 528 THEFT, degrees of,...... ~503 of horse or mule,...... 503 of poultry,.... 503 from person,....... 503 treble damages for,..... 445 THISTLES, Canada,...... 530 THREAD, manufacturers to mark with weight or length,.. 274 penalty for not marking, or selling if not marked,.. 527 THREATENING, illegal, how punished,.... 509 workmen, to make them leave employer,... 510 TIMBER, damages for felling or taking away,... 489 criminal prosecution for,.... 505 sale of, on minor's land,..... 56 TITLES to land, to be allodial,..... 351 under Colony patents,... 351 by foreclosure,.... 358, 359 of nobility not to be granted,... xxxiii See REAL ESTATE. TOLL BRIDGES, commissioners on; appointment and powers,. 246 tolls for spring wagons,.... 246 penalty for charging illegal tolls,.... 248 willful injury to gate of, at night,... 505 levy of execution against,..... 458 receivers of,. 458 repairs by receivers,.... 458 accounts of receivers,.... 459 7 3 6 INDEX. TOLL BRIDGES, —continued. PAGE. See BRIDGE, and RECEIVERS. TOLLAND COUNTY, how constituted,.... 2 TON, avoirdupois, weight of,..... 273 TONGUE, willful injury to,... 498 TOOLS, exemption from execution of,.... 455 mortgage of,.... 359 TOWN CLERK, to be annually elected,.... 24 return of election,...... 25 town clerk, pro temrn..... 26 assistant town clerks,.... 26 not to be registrar of voters,.. 65 general duties; copies to be evidence,... 26 to note release of mortgage,. 27 record of attachments,.... 27 to receive and file maps of land, and give copies,.. 27 to record designations, and file maps of oyster grounds,. 215 duties as to record of conveyances of land,. 26, 3[3, 354 powers as to admission of electors,... lii to certify to their admission, and record certificates,. 66 duties as to drawing jurors,. 433 to keep jury box,.... 432 to record elections of justices of the peace, and make returns to the Secretary,..... 73 may certify to official character of justices of the peace,. 35 to keep files and records of former justices, when!.. 440 to keep records of proprietors of common fields, when,. 357 to keep a book for recording liens on vessels,.. 362 may issue marriage licenses, when,. 185 penalty for giving false certificates as to electors,.. 518 general penalty for neglect of duty,. 519 TOTWN COMMONS, encroachments on,.... 253 felling timber on,...... 489 fees,........ 179 TOWN DEPOSIT FUND, how apportioned; how to new towns; conditions of deposit,. 89 to be held by whom, and how paid out,.. 89 how invested and managed,. -.. 90 change of receipts on division of town,.. 90 conveyance of securities,.... 90 to be repaid to the United States, if required,. 8 TOWN MEETING, see TOWN. TOWN TREASURER, election,... 24 duties; annual accounting; bonds,... 27 to pay military commutation taxes to State Treasurer,. 112 powers as to town deposit fund,. 89, 90 may stop interest on town orders, by giving notice, 28 duties as to State aid to soldier's orphans,. 96 INDEX. 737PAGE. TOWNS, how organized and constituted, number; names; arrangement by counties,.. 1, 2 formation of new towns,... xlviii representation in General Assembly,.. xlviii, lix bounds, how marked and kept up,. 88 if disputed, settled by Superior Court,.. 88 officers, what to be annually elected,. liv, 24, 65 may vary number, and mode of electing,.. 25 ballot-boxes, at elections, to be open three hours, 24 may fill vacancies,. 24 school officers,... 129 oyster committees,. 214 neglect of duty by officers of,.... 519 11meetings, how warned,..... 83 in Norwich,..... 552 annual, when held,. 24 moderator of,. 84 to make returns of election of registrar of births, &c., 24 and of town clerk,. 25 none to vote for town officers, unless registered,. 84 illegal voting, how punished,.... 519 majority vote to govern in,.... 84 ballots cast at, when to be preserved,... 85 closing liquor saloons, on day of,... 520 records of,..... 26 powers; may buy burying-grounds, hearse, and pall,. 293 form or alter school districts,... 134, 1.35 consolidate school districts,... 139, 140 establish high schools,.... 141 poor-houses,.... 200 work-houses,...... 108 lay out public squares,.... 86 erect monument to soldiers and sailors, dying in war of the rebellion,. 86 establish and maintain a public library,.. 86 offer bounty for killing wild-cats and foxes,.. 85 issue bonds to pay their debts,. 87 direct distribution of their copies of the Session Laws,. 10 entitled to fines on criminal prosecutions, when,. 546 may make by-laws and regulations,... 85 as to sidewalks,.... 85 taking birds,... 85 fisheries,.... 85 all such by-laws to be advertised, 85 and not to be discriminating. 86 suit for penalty, under,. 86 sentence to work-house, under,. 86 registration of births, marriages, and deaths,.... 86 738 INDEX. TOWNS, powers,-continued. PAIGE. may make by-laws as to truants,. 127 town burying-grounds, hearse, and pall, 293 duties; to support free schools,.. 128 school expenses, how paid,... 145, 146 to support paupers,. 199, 200 when re-imbursed by State,.. 201 when to be re-imbursed by other towns, 200 to build and maintain highways,.. 230-240 liability for injury through defects in,. 232, 233 not if caused by horse-railroad,.. 339 nor if in a borough highway,.. 233 re-imbursement, by party causing defect, when, 488 to erect sign-posts,. 88 actions and liabilities; may sue and defend, 416 bastardy complaint by,... 470 summary process by,.... 492 service of mesne process on,.... 403 claims against, oath to, when required... 86 orders, interest on, how stopped,... 28 forfeitures, for neglect to appoint assessors, 526 or to have a legal assessment made,. 526 for neglect to appoint grand jurors,. 528 for not erecting guide-posts,.. 526 See HIGHWAYS, PAUPERS, TAXATION, TOWN CLERK, TOWN DEPOSIT FUND, and TOWN TREASURER. TRADE-MARK, counterfeiting,.... 523 TRANSFER OF CAUSES, from one county to another,. 415 on plea of set-off,..... 425 in replevin, if amount involved exceeds jurisdiction,. 486 to New Haven county Courtb of Common Pleas,.. 415 of criminal cause, to another county,... 538 files to be transmitted,..... 538 TRAVAIL, discovery from mother at time of, in bastardy proceedings, 470 TREASON, against the United States,.. v. xxxvi against the State, defined,..... liv, 497 misprison of, 49- 7 attainder of, prohibited,... xlvii two witnesses when required to convict of, liv conviction of, not to work forfeiture of property, &c.,.. liv TREASURER, of the State, how elected,... Ii, lvii majority required to elect,..... 74 vacancy, how filled,...... 74 bonds,..... annual report,...... 8 accounts, how audited,..... 8 to receive all State moneys, and disburse them on orders, registered by Controller,.. li, 7, 8 INDEX, 739 TREASURER,-continued. PAGE. to receive all moneys due School Fund, and account to Controller. 13 may sell State property, when and how,.. 345 may appoint agents, 345 may change registered for coupon bonds of State, 8 may repay town deposit fund to United States, if required,. 8 may execute deeds of School Fund lands,.. 12 may release mortgages, executed to the State or himself, 353 may receive deposits from insurance companies; fees, 308,309 judgments against, to be paid by Controller,.. 8 to complain of clerks of courts, who neglect to account for fees due State,..... 12 duties as to canvass of returns of elections,. xlix, li, lvii, 73, 75-77 to be one of the Board of Equalization,.. 160 to sit in hearing petitions to General Assembly as to School Fund,....... 80 right to vote in meetings of and examine banks, where State owns stock,..... 284,285 may borrow to meet expenses of militia,.. 122 duties as to escheats,..... 345 to pay State aid for school libraries and apparatus,.. 142 to issue executions for State taxes, when,... 161 duties as to State standards of weights and measures,. 272 railroad mortgages to,..... 333 salary,....... 173 salary of clerks,..... 173, 174 TREASURERS OF COUNTIES, see COUNTY TREASUjRER. TREASURERS OF TOWNS, see TOWN TREASURER. TREASURY DEPARTMENT, seal of, may be affixed to School Eund deeds, when,..... 12 clerks to give bonds,.. -.. 8 TREATIES, how made by the United States,... xxxv their effect,....... xxxvii States cannot make,. xxxiii TREES. on minor's land, how sold,.... 56 setting out in highway,..... 234 penalty for injury to trees so set out,... 235 damages for felling or carrying off,.... 489 if judgment unpaid, commitment to work-house, 489 criminal prosecutions for,. 505 willful injury to, how punished,... 504 TRESPASS, for treble damages for forcible entry and detainer,. 475 for felling wood, &c.,..... 489 for throwing down bars or gates,.... 489 for setting fire, which runs on another's land,.. 489 set-off, in action of,... 426 quare clausum fregit, where brought,. 414 criminal prosecution for,.. 503 7 40 INDEX. TRESPASS, -continued. PAGE. committal to work-house for,.. 489 for unlawful fishing,..... 224 for unlawful hunting,.. 230 limitation of time for bringing,.. 494 TRESPASS ON THE CASE, set off-in,. 426 limitation of time for bringing,.... 494 TRIAL, in civil actions, questions of law to be decided by the court; of fact by the jury,. 442 jury docket,. 428 request to charge jury in writing,.. 442 motion for nonsuit,. 443 proceedings to set aside nonsuit,... 443 special verdicts,.. 443 returning jury to a second and third consideration,. 443 duty of jurors,...... 443 verdict by nine jurors, by consent of parties,.. 444 issues of fact closed to the court: special finding, 444 facts to be found in equity proceedings,.. 444 judgment on verdicts: assessment of damages,.. 444 judgment for one defendant and against others,. 444 privileged actions in order of trial, suits by State,. 430 by drain company,.... 266 writs of error in, summary process,... 430 proceedings in rein against liquors,... 271 Probate appeals,.... 430 hearings on reports or awards,.... 430 in criminal prosecutions, constitutional provisions,. xlvi trial to the court,.... 537 capital offences to be tried before two judges,.. 537 peremptory challenge of jurors,. 538 conviction in capital cases,.... 538 husband or wife of accused, competent witness,. 538 evidence in prosecutions for stealing bank-bills,. 538 depositions, when and before whom taken,.. 538 pleading over, after demurrer overruled,.. 539 accused to have the closing turn,.. 539 charge to the jury,..... 539 TRIBUNAL, inferior, writ of prohibition against,.. 481 TRINITY, blasphemy against tie,.... 512 TRINITY COLLEGE, giving credit to minor student in,.. 526 TROUT FISHING regulated,..... 227 TRUANTS, municipal by-laws concerning,... 127 arrest, prosecution, and commitment of,... 128 TRUST COMPANIES, not to change location,... 280 amount of cash and United States bonds to be kept on hand, 283 dividends to be declared from net earnings only,. 283, 286 INDEX. 741 TRUST COMPANIES,-continued. PAGE. dividends to be declared by yeas and nays,. 286 loans to single parties limited,... 284 quarterly returns,...... 286 annual returns,.... 286 examination by Bank Commissioners,... 287 to contribute to their salaries,.... 287 treasurer, duties as to returns,.... 286 to notify Governor, if a Bank Commissioner owes the company,.... 16 general penalty for breach of laws as to,.. 293 TRUSTEE PROCESS, see FOREIGN ATTACHMENT,.. 397 TRUSTEES, to give bonds,..... 367 removal by Probate Court,..... 367 vacancies filled by Probate Court,.. 367 to account to Probate Court annually,... 59 mode of accounting; oath to accounts,... 393 resignation,...... 367, 391 transfer of property to successor,.... 368 record of certificate of appointment,.... 368 in insolvency, see INSOLVENT DEBTORS,. 378-395 of minor's real estate by will, may apply for order of sale,. 56 foreclosure by,...... 359 to invest trust property, how,.... 367 trust property, where listed and taxed,.. 157 how vested in successor of trustee,.. 368 survival of action by,..... 468 foreign, of non-residents, may apply for leave to remove property,... 57 TUMULTUOUS AND OFFENSIVE CARRIAGE,.. 5019 TURNPIKES, commissioners on,..... 240 one commissioner may act for all,... 24 1 their powers,.... 241 to audit accounts of company, and make returns,. 241 penalty for neglect to settle accounts,.. 242 fees,...... 242 charters for, not to be granted or amended, without petition and notice,... 79 when repealable,. 242 to be forfeited by neglect to repair road, 241, 245 location, how altered,..... 243 railings,....... 241 repairs on, how enforced,..... 241 draining road upon private property,... 243 bridges, companies to build what,.... 243 toll-gates, ancient, may be continued,.. 242 location; how altered,... 242, 245 toll-house, when to be placed on turnpike,.. 242, 245 encroachments on, how removed,.. 243 742 INDEX. TURNPIKES,-continued. PAGE. rates of tolls,...... 242 exemptions, and half tolls,... 243 penalties for avoiding payment of tolls,.. 243 penalty for demanding excessive tolls,.. 248 clerks to return list of officers to commissioners,.. 243 crossing by railroads,..... 324 discontinuance, by County Commissioners,... 244 by agreement with towns,.. 244, 245 city,... 245 certain towns may buy stock in certain turnpike companies, 553 levy of execution against,..... 458 receivers of,..... 245, 458 repairs by receivers,..... 458 execution unpaid for six years, to be a lien,.. 459 traveler on, injured by railroad negligence; action,.. 488 willful injury to gate at night,.... 505 TWIN LAKES, fishing in,..... 225 TYLER POND, fishing in,...... 224 UMPAWAUG POND, fishing in,. 225 UNCLAIMED GOODS, how disposed of,.. 365, 366 UNION AMERICAN CHURCH, trustees of,.. 298, 299 UNITED STATES, Constitution of,.... xxix legislative power,...... xxxii executive power,...... xxxv judicial power,..... xxxv, xli to guaranty each State a republican government, and protection,....... xxxvii paramount authority of,..... xxxvii public debt, inviolate,..... xliii claims of, privileged, in case of insolvency,.. 375, 386 may use State prison,..... 1] 03 and county jails,..... 108 bonds of, trustees may invest in,.... 367 Internal Revenue stamps, evidence of recordl of,.. 439 Senate of,.... xxix Senators of,...... xxx, 75-77 UNIVERSITY, giving credit to minor students in,.. 526 UNSAFE BUILDINGS, inspection of, &c.,... 262 USES, charitable, statute of,..... 352 USURY, forfeiture for,...... 357 VACATION, taking bonds in,..... 430 filling vacancy in committee, in,.... 429 VACCINATION, compulsory by order of board of health,. 260 penalty for refusal,...... 261 to be required of hands rn paper factories,... 194 VAGRANTS, maybe sent to work house,.... 109 INDEX. 743 PAGE. VEHICLES, drivers of, how to pass,.... 234 teams to turn out, when,. 234 chained wheels to be drawn on a shoe,... 233 VEGETABLES, marine, thrown up on the beach, right to,. 345 exemptions from execution,. 456 willfully taking from another's land,.. 504 VENUE, in civil actions,.... 414-416 suits involving title to lands, local actions,... 414 others to be brought where parties live, &c.,.. 414 of petitions for partition or sale,.... 414 land lying in several counties or towns,... 414 justice's suits,...... 414 suits, by foreign corporations,.... 415 by non-resident executor or administrator,.. 415 transfer of jury cases to another county,... 415 of causes to New Haven county Court of Common Pleas,. 415 suits before City Courts,.... 416 in criminal prosecutions,. xlvi, 537 change of venue,..... 538 clerk to transmit file in transferred cases,.. 538 in United States, Courts,.... xli VERDICT, special,....... 443 by nine jurors,...... 444 returning jury to second or third consideration,.. 443 against evidence,...... 448 in criminal cases, court not to direct,... 539 VESSELS, how stationed in port,.... 249, 250 lien of material-men on,... 362, 363 quarantine of,..... 258 —260 burning,..... 498, 502 willfully defiling,...... 504 pilotage,....... 251 VETO POWER of the President,..... xxxi VEXATIOUS SUITS, treble damages for,... 445 VICE-PRESIDENT, of the United States, how chosen,. xxxiv, xli to preside over Senate, and have casting vote,.. xxx succession to the Presidency,.... xxxiv impeachment,...... xxxv VILLAGES, enumerated,...... 2 VOIR DIRE OATH,..... 549 VOLUNTARY ASSOCIATIONS, suits by and against,.. 417 service of civil process on,..... 403 attachments against,. 403 levy of execution against,.... 457, 460 devise or legacy to, notice of,... 371 VOTING, illegal,....... 519 see ELECTIONS, and ELECTORS. VOTING DISTRICTS, in what towns established,.. 63 744 INDEX. VOTING DISTRICTS,-continued. PAGE. selectmen to provide voting places in, and ballot-boxes, and appoint moderators,..... 70 moderator of first district (except in Hartford) to be moderator of town meeting,..... 72 returns of elections,..72 see ELECTIONS. WAGERS, to be void; recovery of money staked,.. 228 treble damages to common informer,... 229 on elections,. 518 on horse-races, &c.,...... 516 forfeitures for,...... 516 on cock-fights, &c.,...... 517 WALTONIAN CLUB, fishing privileges, and breeding ponds protected,...... 226, 227 WARAMAUG LAKE, fishing in,.... 224 WAREHOUSE, breaking into at night,.... 502 WARNINGS OF MEETINGS, of public corporations,.. 83 WARRANTS, on Executive requisitions,. 544 by justice of the peace, for transporting criminal through the State,....... 541 form, when issued by authority of the State,.. xlvi when issued by authority of the United States,. xl arrest without, when authorized,.. 34, 94, 128, 296 justice of the peace to issue, when,. 532 fees for signing,...... 183 WASHINGTON BRIDGE, rebuilding of,... 552 WASHINGTON'S BIRTHDAY, paper falling due on,.. 344 WASTE, by tenant for life or years,.... 490 WATER, to be furnished to railway passengers,... 330 defiling reservoirs, &c.,.... 504, 513 offences committed on, jurisdiction over,... 546 WATERBURY, electors' meetings, hours for,... 70 to furnish accommodations for Superior Court,. 42 City Court of, judge may hold District Court, when,. 39 WATERCOURSE, unlawful obstruction of,... 253 throwing refuse into,..... 254 how crossed by railroads.... 323, 317 damming for milling purposes,... 472-474 WATERFORD, jurisdiction of New London City Court in, 552, 553 WATERFOWL, protection of,..... 230 WATERING TROUGHS, bounty for keeping upon highway,. 235 WAY, RIGHT OF, of railroad, how released, if insolvent,. 383 WAYS, private, how laid out,.... 236, 237, 239 repairing, with town money,..... 234 erecting gates or bars across,.... 234 see HIGHWAYS. WEARING APPAREL, exempt from execution,. 455 INDEX.' 45 WEARING APPAREL,-continued. PAGE. exemptions from foreign attachment, in suits for price of, 456 willfully injuring,.... 504 WEIGHERS, towns to elect annually,. 24, 273 duties and fees,... 273 penalty for neglect of duty,... 528 WEIGHTS AND MEASURES, State standards,. 272 county standards,.. 272 town standards,. 2 73 sealers of, towns to elect,. 24 duties,. 273 certificates of weight, to be given by public weighers, 273 avoirdupois weight,. 273 weight of a bushel,... 273 penalty for using unstamped,.... 529 WEIRS, use of regulated,... 219 WEST RIVER, in Middletown, fishing in, 221 in New Haven, fishing in,. 222 WESLEYAN UNIVERSITY, giving credit to minor student in, 526 WETHERSFIELD, an incorporated village,... 3 WHVEIARF, unclaimed goods left on, how disposed of, 365 railroad, when not to be taken, under general railroad law, for a new railroad,... 317 WHIIEELS, chained, to be drawn on shoe,.... 233 WHITNEYVILLE POND or lake, fishing in,.. 224 WIDO W, grant of administration to,.... 372 distribution of intestate estate to,.... 372, 373 of insolvent estate to,... 375, 376, 391 right of dower,...... 376 dower, how set out,.... 377 to keep dower estate in repair,.... 377 devise or legacy to, in lieu of dower,... 377 settlement, in lieu of dower,.... 377 support of, by husband's estate or heirs,... 202 pending settlement of estate,... 391 suit against, without naming,.... 410 WIFE, see MARRIED WOMAN, and HUSBAND AND WIFE. ~WILD ANIMALS, transportation of,.... 526 WILD-CAT, town bounty for killing,.. 86 WILL, execution aind effect who may make,. 368 operation on after-acquired lands,. 368 codicils,..... 369 execution and attestation of,. 369 devise or legacies to subscribing witness,. 369 lapse of,... 370 notice of, to corporation or association,. 371 legacies, when a charge on real estate,. 370 contribution between devisees and legatees,.. 3 7 perpetuities not to be created,..3 746 INDEX. WILL, execution and effect,-continued. PAGE. devises within rule in Shelley's case,.. 352 bequests or devises to charitable uses,. 352 appointment of guardian by,. 192 expenses of suit to settle construction of,.. 447 execution of power to co-executors to sell, 355 sale of real estate to effectuate, by order of court,. 371 provision in lien of dower,. 377 revocation, by birth of child,. 370 by cancellation,.... 370 probate,. 370, 371 proof of, out of court,..... 370 executors to present for probate,... 370 forfeiture for neglect to do so,.. 529 to give bonds,.... 370 administrators, with the will annexed,... 371 where proved,..... 370 limit of time for proving,.... 371 trustees under, to give bonds,.... 367 if none named, how appointed,. 367 removal of,...... 367 vacancies, how filled,..... 367 transfer of property to new trustee,... 368 distribution; appointment of distributors,.. 371 distribution by agreement,. 371 of chattels between life tenants,. 371 delivery to life tenant, he giving bonds to remainderman,...... 371 see DEVISE, ESTATES OF DECEASED PERSONS, EXECUTOR, LEGACY, PROBATE, COURT OF, and WITNESS. WINDHAM COUNTY, how constituted,... 2 WINDOWS, doctrine of ancient lights,... 355 WINDSOR, common field in,. 552 WITHDRAWVAL OF ACTION; costs on,... 418, 446 in vacation,. 418 of replevin,. 487 of writ of error,..... 451 WITNESS, in civil actions, how summoned,. 435 capias against,. 435 religious belief of,..... 440 interest, or conviction for crime, no disqualification, 440 adverse party may be compelled to testify,.. 440 not also to make disclosure,. 440 this not to affect attesting witnesses,... 440 oath of,....... 549 fees and mileage,..... 176 deposition of, when and how taken,... 435-438 may be imprisoned for refusing to testify,... 61, 62 INDEX. 747 WITNESS,-coniinued. PAGE. in criminal prosecutions, in State Courts,. xlvi accused to be confronted with,. xlvi to have a right to compel attendance of, xlvi not to be compelled to testify against himself, xlvi two witnesses necessary to convict of treason,.. liv of any capital offence, when,.. 538 for defence, State to pay for, when, 542 husband or wife of accused, 538 depositions for the accused, 538 in gambling prosecutions, 517 fees and mileage,.. 176 compensation to those coming from out of the State, 540 no fees to bystanders called to testify,. 176 in United States Courts, x. li attesting, to deeds of land, 352, 353 to leases, 354 to wills, how to attest them, 369 devise or legacy to, void, 369 WOOD, town measurers of, 274 stealing from Indian land, 6 damages for cutting or taking away, 489 commitment to work-house, if judgment not paid, 489 exemption of, from execution, 456 on minor's land, order of sale of,. 56 WOODSTOCK PONDS, fishing in, 226 WOOL, exemption of, from execution, 456 WORK-HOUSES, 108-110 town., 108 selectmen to be overseers, and appoint master,. 108 powers of master,. 109 who may be sent to, 109, 511 by justices of the peace,. 535 pursuit of escaped prisoners,... 10) separation of sexes, 109 expenses, how paid,. 109 union work-houses,. 109 county; jails, when to be used for, 109 County Commissioners to regulate, 109 jailer to be master,. 110 assistant master,. 110 inspectors, 110 accounts, how kept and audited, 110 furnishing liquors to inmates, 507 aiding in escape from,.. 507 commitments to, 110, 535 sentences to, in the alternative,.. 110 cornmitmrent for injuring oyster grounds or pon(ls, 216, 217 74S INDnx. WORK-HOUSES, commitments to,-continued. PAGE commitment for not paying judgment for trespass on lands, &c.,... 489 discharge of poor prisoners,... 110, 540 see CRIMINAL PROSECUTIONS. WORKMEN, endeavoring to make them leave an employer,. 510 WTRITS, form and signature,..... 396 may run into any county,. 397 of foreign attachment,. 397 citing in garnishee to disclose,.. 399 bonds for prosecution,. 397 form of, 8.... 398 formal defects in,... 420 amendment of,..... 426 alteration before service, not to discharge bonds,.. 397 direction of,...... 398 to indifferent person,.. 398 abatement of, if unnecessarily so directed,. 398 special deputation,. 398 return-day in justice suits,... 398 issue or service on Sunday,... 398 form of summons,...... 398 of attachment,...... 399 by or against partners; amending,... 400 on Probate bonds,... 400 to be served, how long before the court,... 401 to be returned, when,..... 401 service of a writ of summons,.... 401 upon a corporation,... 403 upon a voluntary association,.. 403 of an attachment,.... 401-405 by taking body,... 401 by levy on real estate,.. 402 on a partner's separate estate,. 402 of stock in corporation,.. 402 on non-residents,... 403 foreign attachment,.. 40-t WRITS OF ERROR, in civil actions, bow issued,.. 449 to what courts,...... 44 to City Courts,... 449 in justice suits, ~... 449 in summary process; bond for rents,.. 492 service and return,.. 450 limitation of time for bringing,.... 495 practice on reversal of judgment, in Supreme Court,. 451 in other courts,... 451 practice on affirmance of judgment below,... 451 releasing stay of execution, pending writ of error,. 452 after judgment on writ of error, 452 INDEX. 749 WRITS OF ERROR,-continued. PAE. in criminal cases, 5.39 how served,.... 539 in capital cases, 5.. 539 Court of E1rrors, on affirming judgment, to order execution, 539 limitation of time for bringing,.. 545 in capital cases, 539 YALE COLLEGE, charter confirmed,. liii constitution of the corporation, 5..53 election of fellows,. 553 quorum of fellows, 553 exemption from taxation,. 553 annual report, 553 copies of bills, &c., printed for General Assembly to be sent to Library of Law Department of, 81 to have benefit of Congressional grant in aid of education in agriculture and mechanics,.... 149 income, how to be used in Sheffield Scientific School,. 149 selection of pupils,. 149, 150 reports; visitors, 149 secretary of board of visitors, duties of,.150 bodies of State prison convicts to )be given to Medical I)epartment,. 151 giving credit to minor student in., 526 YEAR, meaning of term. as used in this Revision, 554 YEAS AND NAYS, record of, on vote in the General Assembly, xlix in either House of Congress,... xxxi 50