California 'gional cility THE PUBLIC STATUTE LAWS OF THE STATE OF CONNECTICUT, AS REVISED AND ENACTED BY THE GENERAL ASSEMBLY, IN MAY 1821: TO WHICH ARE PREFIXED THE DECLARATION OP INDEPENDENCE, THE CONSTITUTION OP THE UNITED STATES, AND THE CONSTITUTION OP CONNECTICUT. ARRANGED AND PUBLISHED UNDER THE AUTHORITY OP THE GENERAL ASSEMBLY. HARTFORD. 9. G. GOODRICH, & HUNTINGTON & HOPKINS. 1821. DISTRICT OF CONNECTICUT, ss. L. S. SAMUEL G deposited in this office the title of a Book, the right whereof they claim as proprietors, in the words following, to wit: " The public Statute Laws of the State of Connecti- cut, as revised and enacted, by the General Assembly, in May 1821; to which are prefix- ed the Declaration of Independence, the Constitution of the United States and the Constitution of Connecticut. Arranged and published under the authority of the Gen- eral Assembly." In conformity to the act of the Congress of the UNITED STATES, entitled, "An act " for the encouragement of learning, by securing the copies of Maps, Charts and " Books, to the authors and proprietors of such copies, during the times therein men- tioned CHARLES A. INGERSOLL, Clerk of the District of Connecticut. A true copy of Record, examined and sealed by me, CHARLES A. INGERSOLL, Clerk of (he District of Connecticut. ROBERTS & BURR, PRINTERS. THE first settlers of Connecticut were distinguished by a sincere and ardent attachment to the principles of civil and religious liberty, as well as a just sense of the necessity of law and government for its security and protec- tion. Animated with the prospect of obtaining this object, they abandoned the land of their fathers, and came to the wilds of America. They commenced a settlement at the towns of Hartford, Windsor and Wethersfield, in 1635, under a temporary commission from the colony of Massachusetts, where they first landed, and from whence they removed hither : but on discovering they were without that jurisdiction, they, in 1639, established a government for them- selves. It is interesting to contemplate the little band of heroic adventurers, in a wilderness, surrounded by savage nations, and struggling for their existence, calmly and deliberately laying the foundation of a commonwealth, upon princi- ples of freedom, unknown to the country from which they emigrated, and which has secured the most invaluable blessings to their posterity. Here is one of the few instances, where the people, in a state of nature, (as our ancestors, in a po- litical view, then were,) have had a fair opportunity to convene in a body, and, by mutual assent, enter into a state of society, and form the social contract. Here is an instance, in which a government has been instituted, by voluntary compact, and a constitution framed, agreeably to the wishes, and for the sole benefit, of the people. In that rude age, unacquainted with the true theory of government, they did not attempt to distribute the several powers to different departments. A gov- ernor and six magistrates were to be annually chosen, by all the freemen ; and representatives from each town ; who constituted the general court, in which all power was concentrated. But as the people retained the privilege of an annual election of their rulers, they had ample security for their civil rights ; and it was emphatically a government of the people. Our ancestors were as solicitous to frame a good code of laws, as they were to establish a good form of government. Instead of servilely adhering to the complicated laws of their native country, they were ambitious of framing a code for themselves, better adapted to their condition and state of society, and more consonant to their enlarged views of civil liberty. No act was ever pas- sed, formally recognizing or defining the authority of the common law. It was, by general consent, considered to be their law, so far as it was applicable to their circumstances, and not varied by their own regulations. For a while, the legislature enacted statutes, as occasion required ; but they soon directed their minds to the framing of a complete code. Accordingly, in 1646. , they re - quested Mr. Ludlow, a distinguished jurist, and a leading character, to compile 314 ,v PREFACE. a body of laws for the commonwealth. Owing to the novelty and difficulty of the undertaking, it was not completed till 1650. The code was digested under proper heads, and comprised the statutes then in force, with the necessary ad- ditional regulations, and was well adapted to the state of things at that early age. The year 1662, was an important epoch in the political and juridical histo- ry of our country. Though our ancestors had formed a constitution, by their own authority, yet as they considered themselves to be a component part of the British empire, they applied to the British crown for a charter, and governor Winthrop was appointed an agent to solicit the royal favor. Such was the ad- dress with which the application was managed, or so favorable was that par- ticular time to the wishes of the applicants, that they obtained from Charles II. a charter bottomed on the constitution they had formed by voluntary compact, which not only secured the most extensive rights and privileges, but render- ed them almost independent of the British crown. It is inexplicable, that such a monarch as Charles, who had so little regard for the rights of his subjects at home, should have given to a distant colony such extensive powers : but he had no anticipation, that, by the liberal charters he was granting to the colonies in America, he was cherishing a spirit, which, at a future da/, would divest the sceptre of his successors of one of its brightest gems, and lay the foundation of a Republic, which has not its parallel in the annals of the world, for the freedom of its constitution, the energy of its character, and the extent of its territory. By the charter, the whole power was vested in a governor, lieutenant-gover- nor, and twelve senators, or assistants, as they were called, and representatives from the several towns, to be chosen annually by the freemen. They had an unlimited authority to erect judicatories, to appoint officers, and to establish all necessary laws and regulations. A government, more popular, in form, and in principle, can hardly be imagined ; and yet so strong has been the sense al- ways entertained, by the people, of the duty and necessity of subordination to law and government, that no violence, tumult or convulsion has been experi- enced. This charter comprehended the colony of New-Haven, which was co- eval with Connecticut, and nearly similar in laws and manners. The two col- onies were thus incorporated into one. Our ancestors considered it an important object, that the statutes should be plain and concise, so as to be accessible to every capacity. Accordingly, at an early period, they adopted the excellent practice of revising them, at proper in- tervals of time, by which they were greatly abridged and simplified, and ren- dered much more intelligible. In 1671, as sundry additional acts had been passed, after the promulgation of the code, and as the new charter had produced a change in their government, it was thought proper a revision should be made, to reduce them to a uniform code. The governor, lieutenant-governor and a majority of the assistants, were appointed for that purpose ; who completed the work, so that it was ap- proved, by the legislature, in 1 672. Before this time, the laws had been promulgated, by written copies, and by directing them to be read in the respective towns. But as this mode had be- come inconvenient, the new code was directed to be printed ; which was ac- cordingly done, at Boston, with a preface strongly characteristic of the manners and sentiments of the age, breathing the most ardent piety to their God, the sincerest loyalty to their sovereign, and the deepest solicitude for the welfare of PREEACE. v the people. The address was, " To our beloved brethren and neighbors, the inhabitants of the colony of Connecticut, the general court of that colony wish grace and peace in our Lord Jesus." Among the rest is this passage. " Now, in these our laws, although we may seem to vary or differ, yet it is not our pur- pose to repugn the statute laws of England, so far as we understand them ; professing ourselves always ready and willing to receive light for emendation or alteration, as we may have opportunity ; our whole aim in all being to please and glorify God, to approve ourselves loyal subjects to our sovereign, and to promote the welfare of his people, in all godliness and honesty, in peace, which will be the more establishing to his majesty's crown and dignity, and best an- swer his religious directions to us in our charter : And that pure religion and undefiled before God, according to the gospel of our Lord Jesus, may be main- tained amongst us, which was the end of the first planters, who settled these foundations, and ought to be the endeavor of those that shall succeed, to uphold and encourage unto all generations." The division and arrangement of the code of 1650, was retained, and the ad- ditional statutes were inserted, in their proper places. In this code, we find those wise and peculiar regulations, by which our country has been distinguish- ed. Political liberty and civil rights are placed on the most favorable footing. The early legislators, not unmindful of the hardship and oppression under which their ancestors had groaned, from the feodal burdens and restraints on lands, declared, that all lands should be free from all fines and licences for al- ienation, and from all heriots, wardships, liveries, primer seisins, year and day, waste, escheats, and forfeitures ; and should be holden by the tenure of free and common socage, the freest tenure in England ; so that every landhold- er had an absolute dominion and property in the soil, with the power of dispos- ing of it, as he pleased ; and being secured in the fruits of his labor, was ani- mated by the highest inducement to cultivation and improvement. Instead of following the practice of their native country, in the complicated .mode of civil process, and the endless labyrinth of forms in legal proceedings, they adopted a concise and plain mode of bringing the parties before the court; and they proceeded in the trial of the cause without circuity or delay, and with a facility and dispatch, that greatly contributed to promote the ends of justice. Instead of volumes to detail the practice of the several courts, a few pages are sufficient for that purpose ; and the merits of the cause are brought to view, on the trial, with as much clearness, certainty and fairness, as where the most complicated forms of the common law are made use of. In this code, we find the institution of towns, ecclesiastical societies, and common schools, which have produced a most important effect on society. No institutions can be better calculated than towns to manage the minute and local concerns of the community. Accordingly, they were charged with the duty of supporting the poor, and of making and repairing roads and bridges, with vari- ous other powers of considerable importance. They were enabled to hold meetings, to make by-laws, and to appoint the necessary officers, of various descriptions, to execute the powers, and discharge the duties, confided to the towns. Here, the people meet in primary assemblies ; and, in the exercise of their authority, constitute, in miniature, a real democracy. Here, the ener- gies of the nation may be called forth, in the most effectual manner, in a popu- lar cause ; and it was by the instrumentality of towns, that Connecticut made such astonishing efforts in the struggle that led to the independence of our country. M PREFACE. Our ancestors, having smarted bitterly under the rod of persecution, in their native country, established their ecclesiastical constitution on a very liberal basis. They wholly renounced the canon law, which had been the source of the most intolerable and diversified abuse and oppression, in the countries where it had been admitted ; they gave to the people the power of selecting teachers, agreeable to their wishes, instead of receiving them from the man- date of the lord of the manor, who had no interest in their spiritual welfare ; and they authorized them to provide, by a convenient mode, for the support of the gospel ministry, instead of subjecting them to the payment of tithes, a tax not only extremely odious and inconvenient, but which operates as a severe check on the industry of the people, and the improvements of agriculture. Our ancestors were sensible of the immense superiority of a well informed people, over the ignorant and illiterate ; and it was the special object of their attention to establish a system of education, that should extend the means of instruction to every individual. For this purpose, common schools were estab-, lished in every ecclesiastical society ; and there has rarely been an instance 4 of a person, who could not read and write, and who did not understand enough of arithmetic for the ordinary business of life. And now, by the liberal fund es- tablished for the support of schools, every child, whether poor or rich, has an opportunity of acquiring a good common education, free from expense ; a pro- vision of far greater consequence to preserve and perpetuate our civil rights,, than all the constitutional checks and balances that can be devised by the wit of man. In these institutions, the people constitute, in their individual capacity, an important part of the government. This gives them a personal interest and in- fluence in the administration of it, and a consideration and consequence un- known to despotic governments, where the rulers are every thing, and the peo- ple nothing. Hence, they derive a dignity and independence of sentiment pe- culiar to freemen, and that singular spirit of enterprise, and energy of charac- ter, the effects of which have been displayed in almost every part of the globe. In 1696, so many new statutes had been made as to render a revision useful and proper; and John Alli/n^ James Fitch, and Eleazer Kimberty, the two former being assistants, and the latter secretary, were appointed a committee to revise the statutes, and to consider what alterations and additions were ne- cessary to render them more effectual in maintaining righteousness, and pro- moting the weal and prosperity of the nation. This revision was completed in 1700 ; but the edition was not published till 1702. Another edition was published in 1714, comprising the additional statutes then in force. In 1742, the subject again came under the consideration of the legislature; and Roger IVolcott, Thomas FitcJt, Jonathan TmmbuU, and John Bulkley, the three former of Avhom were successively governors of the colony, and the latter a judge of the superior court, were appointed a committee to revise the statutes, with the usual powers, except as to acts relating to real estate, in which no alteration was to be made. This work was completed, approved, and published, in 1750. Governor Fitch, who was an eminent lawyer at that day, is said to have had the principal agency in performing the work. The statutes were much compressed, and arranged in a different and better form ; but without any material alterations or additions. In 1769, a new edition, with the additional statutes, was found necessary. PREFACE. vii The dissolution of our connexion with the British empire, accelerated an- other revision of the statutes, within a shorter period than usual. So slight had keen our connexion with that government, and so little had they interfered in our internal concerns, that the transition from a dependent to a sovereign state, was almost imperceptible. No alteration was necessary, but to erase the name of " His Majesty," from our legal proceedings, and insert the name and authority of the stale ; and the administration of the government proceeded in the same manner as before the declaration of independence. Of course, in- stead of framing a new constitution, it was deemed sufficient to continue that in force, which had originated from the consent of the people. A revision, how- ever, of the laws, was necessary, to adapt them to the new order of things. Ac- cordingly, on the return of peace, in 1783, Richard Law, and Roger Sherman t then judges of the superior court, were invested with power to digest all the stat- utes relating to the same subject into one ; and to reduce the whole to a regu- lar alphabetical order, with such alterations, additions, exclusions, and amend- ments, as they should judge expedient. This revision was completed, and adopted, in January, 1784, at an adjourned session of the general assembly, holden for that purpose. In this revision, the temporary and repealed statutes were omitted ; the arrangement was simplified and improved^; and many val- uable emendations and additions were introduced. In 1795, the statutes again underwent a partial revision. Chauncey Good- rich^ Jonathan Brace, and Enoch Perkins were appointed a committee, with powers limited to compile and expunge ; and they confined their labors to bringing together the several statutes relating to the same subject, and to ex- punging those, which had been superseded or repealed, or had grown obsolete, or had expired. This was approved of, in 1796 ; and an edition was published accordingly. So soon as the yeer 1807, another edition was found to be necessary ; and on the application of Hudson & Goodwin, printers in Hartford, Governor Treadwell, Enoch Perkins and Thomas Day, were appointed a committee to superintend the publication, with power to omit those which were repealed, and to insert notes of the times when the" statutes were passed, with marginal notes. This committee divided the statutes into titles, chapters, and sections, expunged the statutes wholly repealed, noted the sections of statutes which had been repealed, and added many historical and explanatory notes, and referen- ces to the periods when the several provisions were originally passed. Though the people had long acquiesced under the form of government deriv- ed from the charter, and sanctioned by the legislature ; yet it was considered by many, that we had no constitution, as our government under the charter had never received the explicit approbation of the people, subsequent to the declaration of independence. It was also considered to be inconsistent with the dignity of a free nation, to hold their rights, even nominally, by the tenure of a royal grant ; and that it was proper the powers of the government should be div : dod into separate departments, and individual rights be secured, by a constitution, that should control the legislature itself. It was, therefore, thought adviseable to call a convention for that object. Accordingly, in 1318, a convention was assembled, who agreed upon a constitution, that was ratified by the people. The most prominent advantages derived from it, are, that it divides the government into three branches, the legislative, the executive, and the judiciary, which are confided to separate magistracies ; and also secures the independence of the judiciary, by a permanent appointment. viii PREFACE. The constitution produced such an important change in our jurisprudence, that another revision became necessary ; and in May, 1819, Thames Day and Lemuel Whitman were appointed a committee, to examine the statute laws, and to recommend such alterations and provisions as should be necessary and expe- dient to render the statutes conformable to the constitution. 1 hey reported to the legislature, in 1820, a bill to repeal certain statutes, incompatible with the provisions of the constitution ; and, after pointing out the defects of our code, they suggested, that to remedy these defects would require a general revision of the statutes. Accordingly, at this time, the undersigned were appointed a committee, with ample powers for that purpose ; and having undertaken to perform that duty, they made the following report to the legislature, at their session, in May, 1821. " To the Honorable General Assembly of the state of Connecti- cut, now in session. 'The committee, appointed at the last session, to revise the statutes of this state, REPORT, That they have attended to the subject confided to them, and BOW lay before the legislature an entire revision of the public si atutes, as the result of their labors. Impressed with the importance and utility of revis- ing and amending the statute laws of the state, at proper intervals of time, and especially at this period, when the adoption of a new constitution forms an interesting aera in our juridical history, the committee have not hesitated to exercise, in their full extent, the ample powers given them, in an attempt to present to their fellow citizens, a concise, perspicuous and comprehensive code, in conformity to the views and wishes of the legislature. " The difficulty of diffusing a general knowledge of a voluminous code, and the perplexity and confusion arising from an intewnixture of laws in force and not in force, have induced the committee to omit all statutes, and parts of statutes, which have been directly repealed, or superseded by new provisions, or become obsolete by the change of manners and customs, or inconsistent with the sentiments of the age, or repugnant to the principles and spirit of the constitution. As nothing contributes more to facilitate the acquisition of the knowledge of a science, than a methodical arrangement and distribution of the parts, it has been a principal object with the committee, under appropriate and comprehensive titles, to bring together all the statutes, and parts of stat- utes, relating to the same subject, in their natural order and connexion, so as to exhibit a systematic view of the whole, in the most intelligible form. In doing this, they have sometimes varied the phraseology, and have suggested such additions and alterations as they judged would tend to improve and com- plete our juridical system. The statutes, which have been enacted since the adop- tion of the constitution, have required very little variation ; and as nearly the whole ground of legislation has been occupied, it has been thought expedient to propose but few new provisions. As it would render this report too volumin- ous to detail minutely the additions, alterations and new provisions, which have been recommended, with the reasons therefor, this subject is reserved for oral communication and explanation. " The repetition of similar regulations, though relating to different subjects, has been 3 voided, as far possible. The powers and privileges granted to cities. PREFACE. jx by the various acts incorporating (hem, are nearly the same. Theso have been embodied in one act, of nearly the same length, that each would have required separately. The same has been done with regard to boroughs. This was found to he impracticable with regard to banks ; but by omitting tempo- rary regulation?, the acts incorporating them have been greatly abridged. " Acts wholly of a private nature, such as those which relate to manufac - turing, insurance and aqueduct companies, and the like, have been omitted, as they would greatly increase the size of the volume of statutes, without an- swering any public purpose. If it should, however, be, deemed adviseable, they can be retained ; and they might be very much shortened, by the omission of temporary provisions. As it is not intended, that private rights, vested by statute, should be affected by this revision, it is recommended to remove all doubt, that an act be passed, declaring that private rights shall not be preju- diced in any manner, by the omission or alteration of any statute, and shall remain the same as if no revision had taken place. " The statutes, by this revision, will probably be reduced to about one third of their present size ; and will comprehend every regulation of a public nature, now in practical operation. It is interesting to contemplate the conciseness, perspicuity, and simplicity of our code, in comparison with what it would have been, had the acts been retained as they were passed, from the origin of the government. One volume, of a moderate size, will contain a body of stat- utes, as genera], and comprehensive in their regulations, as will be found in many volumes, in countries where they have been continued in the original form in which they were first promulgated. Our citizens, with little difficulty and expense, can become acquainted with the laws that govern their daily con- duct ; but where no revision is ever made, the statute law becomes so unwieldy and complicated as to be out of the reach of the body of the people ; and they are compelled to depend on the advice, the opinion, and the information of professional men, in the most common concerns of life. To have conferred on their fellow citizens such an inestimable benefit, will reflect the highest credit on the patriotism of the legislature ; and it is a source of the purest sat- isfaction to the committee, to have contributed their exertions to promote the welfare of a community, whose free constitution they ardently pray may be perpetual." .Such of the acts thus reported, as had received but little alteration, were re- ferred to joint committees for examination. The others were brought before the general assembly, in the form of original bills, and were fully considered in each house. The statutes omitted by the committee of revision, were exam- ined by a joint committee, with instructions to report whether any of them ought to be retained. In the course of the session, the whole subject underwent a patient and careful investigation ; and the reported acts were adopted by the legislature, with such omissions, additions and alterations, as they thought proper to make ; and at the close, an act was passed, confirming them as the laws of the state, and repealing all others, with suitable savings for the protection of vested rights, and the public convenience. The undersigned were then ap- pointed a committee to superintend the printing and publication. We were particularly instructed and authorized to arrange the statutes under proper ti- tles, in alphabetical order, accompanied with such marginal notes and referen- ces as should seem proper ; to prefix thereto the declaration of independence, the x PREFACE. constitution of the United States, and the constitution of this state ; to subjoin a general index ; and to correct any errors that might intervene in the publica- tion. These powers we have endeavored to execute, with a fidelity, proportion- ed, in some degree, to their importance. ZEPHANIAH SWIFT. LEMUEL WHITMAN. THOMAS DAY. NOVEMBER 1st, 1821. TABLE OF CONTENTS. Declaration of Independence, Constitution of the United Sates, . Constitution of Connecticut, ..... 20 An Act authorizing the appointment of Auditors in actions of Account, ........ An Act for the regulation of Civil Actions, 34 An Act authorizing submissions to Arbitration to be made rules of court, . . . . . . . 59 An Act imposing a Duty on sales at Auction in certain cases, 60 An Act concerning Bail in civil actions, .... 62 An Act to incorporate the Hartford Bank, ... 64 An Act to incorporate the Union Bank in New-London, 67 An Act to incorporate the New-Haven Bank, . . 69 An Act to incorporate the Middletown Bank, . . 71 An Act to incorporate the Norwich Bank, ... 73 An Act to incorporate the Bridgeport Bank, . . 75 An Act to incorporate the New-London Bank, ... 78 An Act to incorporate the Derby Bank, ... 81 An Act to incorporate the Eagle Bank, .... 83 An Act to incorporate the Phoenix Bank, . . . 86 An Act enabling the treasurer of the state to subscribe the monies of this state to the Hartford, New-Haven and Mid- dletown Banks, 89 An Act relative to incorporated Banks, .... 90 An Act for destroying Barberry-bushes, ... 91 An Act providing for the support of Bastard children, . 91 An Act concerning Book-debts, .... 93 An Act to ascertain the Bounds of towns, .... 95 An Act incorporating the boroughs of Bridgeport, Stonington, Guilford, Killingworth and Essex, .... 95 An Act giving additional powers to the borough of Bridgeport, 103 An Act relating to Briefs, 105 An Act to prevent the spreading of the Canada Thistle^ 106 An Act for the education and government of Children, . 107 CONTENTS* An Act incorporating'the cities of Hartford, New-Haven, New- London, Norwich and Middletown, .... 108 An Act to secure the cities of Hartford and New-Haven from damage by fire, by regulating the mode of building, . 122 An Act regulating side-walks in the cities of Hartford, New- Haven a^jd Middletown, . . . . . . 124 An Act regulating the streets in the city of Hartford, and for preserving the health of the inhabitants thereof, . . 126 An Act in addition to an act regulating the streets and buildings in the City of Hartford, and for preserving the health of the inhabitants thereof, . . . . . . . 130 An Act enabling Communities to enforce and defend their rights, 131 An Act relating to Constables, .... 132 An Act to prevent the importation of Convicts, . . 133 An Act to prevent the passing oi Counterfeit Bills and Coins, 133 An Act for stating, limiting and naming the Counties in this State, 135 An Act for constituting and regulating Courts, and for appoint- ing the times and places of holding the same, . . 136 An Act concerning Crimes and Punishments, . . 151 An Act concerning sudden or untimely Deaths. . . 177 An Act authorizing the Superior Court to grant Divorces, 178 An Act for preventing mischief by Dogs, . . . 179 An Act providing Dower for widows, ... 180 An Act providing for the laying and collecting of Duties in cer- tain cases therein mentioned, . . . . . 182 An Act regulating the Election of Governor, Lieutenant-Gov- ernor, Senators, members of the House of Representatives, Treasurer and Secretary, . . . . . . 185 An Act regulating the Election of Senators and Representa- tives for this State in the Congress of the United States, 190 An Act relative to the admission of Electors, . . 194 An Act regulating proceedings in Equity, . . . 195 An Act relating to the disposition of Escheats, and other property belonging to the State, .... 198 An Act for the settlement of Estates, Testate, Intestate, and Insolvent, 199 An Act securing to the State a priority of claim against the estates of Insolvent Debtors, ..... 212 An Act concerning Fences and Common Fields, . 213 An Act relating to Ferries, . . . . . 219 An Act for encouraging and regulating Fisheries, . . 227 An Act directing proceedings against Forcible Entry and De- tainer, 235 An Act authorizing the collection of debts by Foreign Attach- ment, 237 An Act prescribing the Forms of Writs and Processes, . 242 CONTENTS. xiii Page. An Act for the prevention of Frauds and Perjuries, . 246 An Act against Fraudulent Conveyances, . 247 An Act to prevent Gaming, ..... 248 An Act concerning Gaols and Gaolers, . . . 250 An Act prescribing the mode of proceeding by the General As- sembly in certain cases, ...... 257 An Act authorizing the Governor to appoint a Secretary and Notaries Public, 258 An Act relating to Grand-Jurors, ..... 259 An Act relating to Guardians and Minors, . . . 262 An Act to provide for issuing the writ of Habeas Corpus, 265 An Act relating to Highways and Bridges, . . . 266 An Act providing for the care and government of Idiots, Luna- tics and Spendthrifts, 274 An Act for the protection of Indians, and the preservation of their property, ....... 278 An Act for the admission and settlement of Inhabitants in towns, 279 An Act to authorize the Superior Court to grant relief in certain cases of Insolvency, . . . . . . 282 An Act to regulate the Inspection of Provisions and other arti- cles of Commerce, ....... 286 An Act to prevent Intemperance, .... 297 An Act prescribing the numberof Jurymen for each Town in this State, . . . . . . . . . 298 An Act concerning Lands, ...... 299 An Act enabling the Proprietors of common and undivided Lands to manage and dispose of the same, . . . 304 An Act prescribing a summary process to enable the owners of Lands, Houses, or other Buildings, to recover Possession, 307 An Act concerning Leather, and for regulating the several arti- ficers concerned in working and making up the same, . 308 An Act concerning Library Companies, . . . 309 An Act for the Limitation of civil actions, and of criminal prose- cutions, . . . . . . . . . 309 An Act to prevent unlawful Maintenance, . . . 312 An Act authorizing the Superior Court to grant writs of Man- damus, Prohibition and Quo Warranto, . . . 314 An Act concerning incorporated Manufacturing Companies, 31 o An Act for the due and orderly celebrating of Marriage, 316 An Act relating to Masters and Servants, . . . 318 An Act to incorporate Medical Societies, and to establish the Medical Institution of Yale-College, . . . . 322 An Act to preserve order in Meetings of towns and other com- munities, . . . . . . . . 326 An Act to prevent the disturbance of Religious Meetings, 327 An Act for forming and conducting the Military Force, . 328 An Act concerning Mills and Millers, .... 356 An Act concerning New-gate prison, . . . 357 xiv CONTENTS. Page. An Act concerning Promissory Notes and Bills of Exchange, 360 An Act to prevent and remove Nuisances in highways, rivers and water-courses, . . . . . . . 361 An Act prescribing the forms of certain Oaths to be used in this state, 363 An Act to provide for the support of Paupers, . . . 369 An Act providing for the support of State Paupers, . 371 An Act to suppress Pedlars, Hawkers, and Petty- Chapmen, 374 An Act concerning Petitions and Memorials to the General Assembly, 375 An Act relating to Pews, 376 An Act relating to Post-Guides, 377 An Act to provide Pounds, and to regulate the impounding of Creatures, ........ 377 An Act prescribing the mode of preserving and certifying the Records of Justices of the Peace, in certain cases, . 381 An Act authorising Writs of Replevin, .... 382 An Act for the suppression of Riots, . . . . 384 An Act for the due observance of the Sabbath or Lord's day, and days of public Fasting and Thanksgiving, . . . 385 An Act for regulating Salaries and Fees, . . . - 387 An Act for the regulation of School Societies, and for the sup- port of Schools, . . . . . . . . 396 An Act relating to the School Fund, . . . 405 An Act for the detection and punishment of Secret Assaults, 407 An Act relating to the office and duty of the Secretary of the State, ' 408 An Act appointing and directing Commissioners of Sewers and Scavengers, ........ An Act regulating the manufacture and sale of Sewing Silk, An Act relating to Sheep, ...... An Act relating to Sheriffs, . . . . . An Act providing in case of Sickness, .... An Act relating to Sign-posts, ..... An Act to prevent Slavery, ...... An Act relating to Religious Societies and Congregations, An Act to regulate the selling of Spiritous Liquors, An Act for the regulation of Drivers of Stages and other Car- riages, ......... An Act relating to Stray Beasts and Lost Goods, An Act for the appointment of Surveyors, An Act for licencing and regulating Taverns, and suppressing unlicenced Houses, ....... An Act for the Assessment of Taxes, .... An Act providing for the Collection of Taxes, An Act concerning Towns, ..... An Act prescribing the duty of Town-Clerks, An Act establishing the Treasury Department, CONTENTS. xv Page. An Act for detecting and punishing Trespasses in divers cases, and directing proceedings therein, .... 466 An Act to detect and punish Trespasses, committed in the night season, ......... 470 An Act relating to Turnpike Roads, . . . 470 An Act to restrain the taking of Usury, .... 476 An Act to prevent Vexatious Suits, .... 477 An Act relating to Weights and Measures, .... 477 An Act authorising towns to erect Work-Houses, or Houses of Correction, ........ 480 An Act concerning Wrecks, 482 An Act concerning the Corporation of Yale-College, . 483 An Act for confirming the Statute Laws of this State, as revised by the General Assembly, at their session in May, one thousand eight hundred and twenty-one, . . . . . 485 ERRATA. f age 417, sect. 13, line 3, for "thirty" read/or^. " 475, 16, 25-6, for ' 'removing" read renewing. V, DECLARATION OF INDEPENDENCE. In Congress, July 4th, 1776. THE UNANIMOUS DECLARATION OF THE THIRTEEN UNITED STATES OF AMERICA. WHEN, in the course of human events, it becomes Propriety ef necessary for one people to dissolve the political bands the declara- which have connected them with another, and to assume, tion * among the powers of the earth, the separate and equal station, to which the law r s 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 im- pel them to the separation. We hold these truths to be self-evident That all men Unalienable are created equal ; that they are endowed by their Crea^- rights of the tor 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 be- comes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute new gov- ernment, 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. Pru- dence, indeed, will dictate, that governments long estab- lished should not be changed for light and transient cau- ses ; and accordingly all experience hath shown, that mankind are more disposed to suffer, while evils are suf- ferable, 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 con- strains them to alter their former systems of govern- ment. The history of the present king of Great-Brit- ain, is a history of repeated injuries and usurpations, all Absolute ty- having in direct object the establishment of an absolute ranay theob- tyranny over these states. To prove this, let facts be ct f f * he . submitted to a candid world. 2 DECLARATION OF INDEPENDENCE. Recitation of He has refused his assent to laws the most wholesome X^L and necessary for the public good, the p*rt of the He has forbidden his governors to pass laws of imme- BritUh crown, diate 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 accommoda- tion of large districts of people, unless those people would relinquish the right of representation in the le- gislature a right estimable to them, and formidable to tyrants only. He has called together legislative bodies at places un- usual, uncomfortable, and distant from the repository 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 endeavoured 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 condi- tions of new appropriations of lands. He has obstructed the administration of justice, by re- fusing his assent to laws for establishing judiciary pow- ers. 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 ar- mies, 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 juris- diction 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 punish- DECLARATION OF INDEPENDENCE. ment 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 tri- al by jury: For transporting us beyond seas to be tried for pre- tended offences : For abolishing the free system of English laws in a neighbouring province, establishing therein an arbitrary government, and enlarging its boundaries, so as to ren- der it, at once, an example and fit instrument for intro- ducing the same absolute rule into these colonies : For taking away our charters, abolishing our most val- uable laws, and altering, fundamentally, the forms of our governments : 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 for- eign mercenaries to complete the works of death, desola- tion, and tyranny, already begun, with circumstances of cruelty and perfidy, scarcely paralleled in the most bar- barous ages, and totally unworthy the head of a civilized nation. He has constrained our fellow citizens, taken 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 endeavoured to bring on the inhabitants of our fron- tiers the merciless Indian savages, whose known rule of warfare is an undistinguished destruction of all ages, sex- ^s and conditions. In every stage of these oppressions we have petition- Petitions for ed for redress, in the most humble terms : our repeated ** "*" petitions have been answered only by repeated injury. A prince, whose character is thus marked by every act which may define a tyrant, is unfit to be tiie ruler of a free people. Nor have we been wanting in attention to our British Appeal to the brethren. We have warned them, from time to time, of British peo- attempts, by their legislature, to extend an unwarranta- P le fruitiess - .-iiction over us. We have reminded them of the circumstances of our emigration and settlement here. 4 DECLARATION Of INDEPENDENCE. We have appealed to their native justice and magnanim- ity; and we have conjured them, by the ties of our com- mon kindred, to disavow these usurpations, which would inevitably interrupt our connexions and correspondence. They, too, have been deaf to the voice of justice, and of consanguinity. We must, therefore, acquiesce in the ne- cessity, 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 United Declaration of States of America, in general congress assembled, ap- indpendence. p ea l m g to the Supreme Judge of the world, for the rec- titude of our intentions, do, in the name and by the au- thority of the good people of these colonies, solemnly publish and declare, that these united colonies are, and The colonies ^ "^ ht ou S ht to be ' ^ ree and independent states ; that absolved from ^hey are aos l ve d from all allegiance to the British their allegi- crown, and that all political connexion between them ance, &c. an d the state of Great-Britain, is, and ought to be, total- ly dissolved; and that as free and independent states, they have full power to levy war, conclude peace, con- tract 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 oHMdity C gC re ^ ance on the protection of Divine Providence, we mutually pledge to each other our lives, our fortunes, and our sacred honour. The foregoing declaration was, by order of congress, engrossed, and signed by the following members : JOHN HANCOCK. NEW-HAMPSHIRE. NEW-YORK. Josiah Bartlett, William Floyd, William Whipple, Philip Livingston, Matthew Thornton. Francis Lewis, MASSACHUSETTS BAY. Lewis Morris. Samuel Adams, NEW-JERSEY. Jchn Adams, Richard Stockton, Robert Treat Paine, John Witherspoon, Elbridge Gerry. Francis Hopkinson, RHODE-ISLAND, &c. John Hart, Stephen Hopkins, Abraham Clark. William Ellery. PENNSYLVANIA. CONNECTICUT. Robert Morris, Roger Sherman, Benjamin Rush, Samuel Huntington, Benjamin Franklin. William Williams, John Morton, Oliver Woicott. George Clymer. CONSTITUTION OF THE UNITED STATES. James Smith, George Taylor, James Wilson, George Ross. DELAWARE. Cesar Rodney, George Read, Thomas M-KeaD. MARYLAND. Samuel Chase, William Paca, Thomas Stone, Charles Carroll, of Carrol- VIRGINIA. [ton. George Wythe, Richard Henry Lee, Thomas Jefferson, Benjamin Harrison, Thomas Nelson, jr. Francis Lightfoot Lee.! Carter Braxton. NORTH-CAROLINA. William Hooper, Joseph Hewes, John Penn. SOUTH-CAROLINA. Edward Rutledge, Thomas Heyward,jr, Thomas Lynch, jr. Arthur Middletou. GEORGIA. Button Gwinnett, Lyman Hall, George Walton. CONSTITUTION OF THE UNITED STATES. WE, the people of the United States, in order to form a more perfect union, establish justice, ensure domestic tranquillity, 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. 1 . All legislative powers herein granted, shall be vest- Legislati ed in, a congress of the United States, which shall con- power? ve sist of a senate and house of representatives. incongre SECTION 2. 1 . The house of representatives shall be composed of members chosen every second year, by the people of the several states ; and the electors in each state shall have the qualifications requisite for electors of the most nu- merous branch of the state legislature. 2. No person shall be a representative, who shall not have attained to the age of twenty -five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen. House of rep- resentatives ; its members ; by whom cho- sen ; qualifica- tions of elec- tors. Qualifications of representa- tives. 6 CONSTITUTION OF THE UNITED STATES. Representa- tives and tax- es to be ap- portioned ac- cording to numbers. Actual enu- meration eve- ry ten years. Limitation of the ratio of representa- tion, &c. First appor- tionment of representa- tires. Writs of elec- tion for filling vacancies. The house of representa- tives to choose their speaker, &c. Two senators chosen by the legislature of each state, for 6 years ; each a vote. The senate divided into three classes. One third of the senatorial seats vacated, and filled, eve- ry two years. Excntives of states to fill va- cancies in the recess of le- gislatures, &c. Qualifications of senators. 3. Representatives and direct taxes shall be appor- tioned among the several states which may be included within this union, according to their respective numbers, which shall be determined by adding to the whole num- ber 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 meeting of the congress of the United States, and within every subse- quent term often years, in such manner as they shall by law direct. The number of representatives shall not ex- ceed one for every thirty thousand, but each state shall have at least one representative : and until such enumera- tion shall be made, the state of New- Hampshire shall be entitled to choose three ; Massachusetts eight; Rhode-Isl- and Providence Plantations one ; Connecticut five ; New- York six; New-Jersey four; Pennsylvania eight; Del- aware one ; Maryland six ; Virginia ten ; North-Caro- lina five ; South-Carolina five ; and Georgia three. 4. When vacancies happen in the representation from any state, the executive authority thereof shall issue writs of election to fill such vacancies. 5. The house of representatives shall choose their speaker and other officers, and shall have the sole pow- er of impeachment. SECTION 3. 1 . The senate of the United States shall be composed of two senators from each state, chosen by the legislature thereof, for six years ; and each senator shall have one vote. 2. Immediately after they shall be assembled in con- sequence 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 expira- tion of the second year, of the second class, at the expi- ration of the fourth year, and of the third class, at the expiration of the sixth year, so that one third may be chosen every second year ; and if vacancies happen by resignation or otherwise, during the recess of the legisla- ture of any state, the executive thereof may make tem- porary appointments until the next meeting of the legis- lature, which shall then fill such vacancies. 3. No person shall be a senator, who shall not have at- tained tfl 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. CONSTITUTION OF THE UNITED STATES. 4. The vice-president of the United States shall be Vice-presi. president of the senate, but shall have no vote, unless SSjJo they be equally divided. senate. 5. The seriate shall choose their other officers, and The senate to also a president pro tempore, in the absence of the vice- p^JJjJJ 6 ' 1 ^- president, or when he shall exercise the office of presi- tempore, &c. dent of the United States. 6. The senate shall have the sole power to try all im- The sole pow- peachments. When sitting for that purpose, they shall "^ h ^ e " be on oath or affirmation. When the president of the j n the senate. United States is tried, the chief justice shall preside ; &c. and no person shall be convicted without the concur- rence of two thirds of the members present. 7. Jad^ment, in cases of impeachment, shall not ex- Extent of tend further thau to removal from office, and disqualifica- J c u a d J*f \m- tion to hold an- 1 enjoy any office of honor, trust, ox prof- peachmeot. it, under the United States ; but the party convicted Party liable shall, nevertheless, be liable and subject to indictment, ^^" d f c _ trial, judgment, and punishment, according to law. cordingto law. SECTION 4. 1 . The times, places,' and manner of holding elections Times, &c. of for senators and representatives, shall be prescribed in h . oldin / elec " i_ J.L i ^L. c i. i j.u iioas lor se- each state, by the legislature thereof; but the congress na torg and re- may, at any time, by law, make or alter such regulations, presentatives, except as to the places of choosing senators. regulated. 2. The congress shall assemble at least once in every Congress to year ; and such meeting shall be on the first Monday in assemble an- December, unless they shall by law appoint a different g" g a t vionday day. in December, &c. SECTION 5. 1 . Each house shall be the judge of the elections, re- Each house to turns, and qualifications, of its own members : and a ma- J , % e . ot t j? e ., f \_ i. M j i_ election of its jonty. of each shall constitute a quorum to do business ; own mem . but a smaller number may adjourn from day to day, and hers, may be authorised to compel the attendance of absent Quorum, members, in such manner, and under such penalties, as each house may provide. 2. Each house may determine the rules of its proceed- Each house to ings, punish its members for disorderly behaviour, and, determine its with the concurrence of two thirds, expel a member. wn ru es ' 3. Each house shall keep a journal of its proceedings, Journals to be and from time to time publish the same, excepting such ke Pt b >" eact| parts as may, in their judgment, require secrecy ; and the p^she"? &c yeas and nays of the members of either house on any question, shall, at the desire of one fifth of those present, be entered on the journal. 8 CONSTITUTION OP THE UNITED STATES. Adjournment 4. Neither house, during the session of congress, shall, joth houses. w i thout the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting. SECTION 6. 1. The senators and representatives shall receive a compensation 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 attendence at the session of their respective hous- es, and in going to or returning from the same ; and for any speech or debate in either house, they shall not be questioned in any other place. 2. No senator or representative shall, during the time for which he was elected, be appointed to any civil of- fice under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased, 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. 1. All bills for raising revenue shall originate in the house of representatives ; but the senate may propose or concur with amendments as on other bills. 2. 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 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 to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two 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 re- spectively. If any bill shall not be returned, by the pre- sident, within ten 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 congress, by their adjournment, prevent its return ; in which case it shall not be a law. Senators and representa- tives to be paid, &c. Privileged from arrest, &c. Concerning the holding of offices by se- nators and re- presentatives. Revenue bills to originate in the house of representa- tives, Sic. Powers of the president and of congress in the enacting of laws, and the forms of proceeding on bills in that respect. CONSTITUTION OF THE UNITED STATES. 3. Every order, resolution, or vote, to which the con- f' nt reolu- currence of the senate and house of representatives may fof"^"^? be necessary (except on a question of adjournment) shall men t, to re- be presented to the president of the United States ; and ceive the same before the same shall take effect, shall be approved by him, or being disapproved by him, shall be re-passed by tv.-o thirds of the senate and house of representatives, ac- cording to the rules and limitations prescribed in the case ofa bill. SECTION 8. The congress shall have power 1 . To lay and collect taxes, duties, imposts, and ex- Con ress havt cises ; to pay the debts, and provide for the common de- f^^ & lajr fence and general welfare of the United States ; but all duties, imposts, and excises shall be uniform throughout the United States : 2. To borrow money on the credit of the United To borrow States : raone y- 3. To regulate commerce with foreign nations, and To regulate among the several states, and with the Indian tribes : 4. To establish an uniform rule of naturalization, and To establish uniform laws on the subject of bankruptcies, throughout Jur a Z a t on Da ~ the United States : &c. 5. To coin money, regulate the value thereof, and of To coin rao foreign coin, and fix the standard of weights and meas- ney, &c. G. To provide for the punishment of counterfeiting punishing 6 the securities and current coin of the United States : counterfeiter!. 7. To establish post-offices and post-roads : To establish 8. To promote the progress of science and useful arts, P 9t - ffic es, by securing, for limited times, to authors and inventors, the exclusive right to their respective writings and dis- roveries : 9. To constitute tribunals inferior to the supreme To constitute court : To define and punish piracies and felonies com- inferior tribu- mitted on the high seas, and offences against the law of nals ' &c> nations : 10. To declare war, grant letters of marque and re- To declare prisal, and make rules concerning captures on land and war - water : 1 1 . To raise and support armies ; but no oppropria- T ? raise ar ~ tion of money to that use, shall be for a longer term than To provide a 12. 1 o provide and maintain a navy : navy. 13. To make rules for the government and regulation To make rules of the land and naval forces : r m 14. To provide for calling forth the militia to execute yy 10 CONSTITUTION OF THE UNITED STATES. To provide for calling forth the militia. To provide for organizing the militia, &c. To exercise exclusive ju- risdiction over a territorial district not exceeding ten miles square. To make all laws necessa- sary to the ex- ecution of their powers. Importation of certain persons not to be pro- hibited until after 1808. The writ of habeas corpus recognized, &c. No bills of at- tainder, or ex post facto laws. Direct taxes according to census. No export duty, nor preference of one state to another, in commerce. Money to be expended by legal appro- priation only. the laws of the union, suppress insurrections, and repel invasions : 1 5. 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, reserv- ing to the states, respectively, the appointment of the offi- cers, and the authority of training the militia, according to the discipline prescribed by congress : 16. To exercise exclusive legislation, in all cases what- soever, over such district (not exceeding ten miles square) as may, by cession of particular states, and the accept- ance of congress, become the seat of 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 build- ings : And 17. To make all laws Avhich shall be necessary and proper, for carrying into execution the foregoing pow- ers, and all other powers vested by this constitution, in the government of the United States, or in any depart- ment or officer thereof. SECTION 9. 1. The migration or importation of such persons as any of the states, now existing, shall think proper to ad- mit, shall not be prohibited by 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. 2. The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or inva- sion, 3. ii, the public safety may require it. 5. No bill of attainder, or ex post facto law, shall be 4. No capitation, or other direct tax shall be laid, un- less in proportion to the census or enumeration herein before directed to be taken. 5. No tax or duty shall be laid on articles exported from any state. No preference shall be given, by any regulation of commerce or revenue, 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 du- ties in another. 6. No money shall be drawn from the treasury, but in consequence of appropriations made by law ; and a regular statement and account of the receipts and ex- penditures of all public money, shall be published from time to time. CONSTITUTION OF THE UNITED STATES. 11 7. No title of nobility shall be granted by the United No titles of States ; and no person holding any office of profit or "^femdb ^ trust under them, shall, without the consent of the con- the United y gress, accept of any present, emolument, office, or title States; nor of any kind whatever, from any king, prince, or for- **\ ^ ers eign state. sent^ be*' [See amend- SECTION 10. ke fl U,art.l3.] 1 . No state shall enter into any treaty, alliance, or Powers with- confederation ; grant letters of marque and reprisal ; coin d "" awn from money ; emit bills of credit ; make any thing but gold " 1 " 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 ; or grant any title of nobility. 2. No state shall, without the consent of the congress, Powers which lay any imposts or duties on imports or exports, except *^J^^ an what may be absolutely necessary for executing its in- under^the" 1 * spection laws ; and the net produce of all duties and im- sanction of ports laid by any state on imports or exports, shall be for congress. the use of the treasury of the United States ; and all such laws shall be subject to the revision and control of the congress. No state shall, without the consent of con- gress, lay any duty of tonnage, keep troops or ships of war, in time of peace, enter into any agreement or com- pact with another state, or with a foreign power, or en- gage in war, unless actually invaded, or in such immi- nent danger as will not admit of delay* ARTICLE 2. SECTION 1. 1 . The executive power shall be vested in a presi- Executive dent of the United States of America. He shall hold P ower vested his office during the term of four years, and, together with c ! F< the vice-president, chosen for the same term, be elected as follows : 2. Each state shall appoint, in such manner as the le- Electors of gislature thereof may direct, a number of electors, equal president and to the whole number of senators and representatives to e-president, 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 appoint- ed an elector. 3. [Annulled. See Amendments, art. 12.] 4. The congress may determine the time of choosing Congress may the electors, and the day on which they shall give their ff^ 1 ^! votes ; which day shall be the same throughout the Uni- i ng electors of ted States, president, &c. 12 CONSTITUTION OF THE UNITED STATES. The president to be natural born, or a citi- zen in 1 788; aged 35; and 14 years a re- sident of the United States. In case of va- cancy in the office of presi- dent, the vice- president to act, &c. Compensation of the presi- dent. The president to take an oath. Form of the oath. His powers. 5. No person, except a natural born citizen, or a cit- izen of the United States, at the time of the adoption of this constitution, shall be eligible to the office of presi- dent ; 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 Uni- ted States. 6. In case of the removal of the president from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall de- volve on the vice-president ; and the congress may, by law, provide for the case of removal, death, resignation, or inability, both of the president and vice-president, de- claring what officer shall then act as president, and such officer shall act accordingly, until the disability be re- moved, or a president shall be elected. 7. The president shall, at stated times, receive, for his services, a compensation, which shall neither be increas- ed 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. 8. Before he enter on the execution of his office, he shall take the following oath or affirmation : 9. " I do solemnly swear [or affirm] that I will faith- fully execute the office of president of the United States, and will, to the best of my ability, preserve, protect, and defend the constitution of the United States." SECTION 2. 1. The president shall be commander in chief of the army and navy of the United States, and of the militia of the several states, when called into the actual service of the United States ; he may require the opin- ion in writing, of the principal officer in each of the ex- ecutive departments, upon any subject relating to the duties of their respective offices ; and he shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment. 2. He shall have power, by and with the advice and consent of the senate, to make treaties, provided two thirds of the senators present, concur ; and he shall no- minate, and by and with the advice and consent of the senate, shall appoint, ambassadors, other public ministers, and consuls, judges of 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 CONSTITUTION OF THE UNITED STATES. proper, in the president alone, in the courts of law, 01 in the heads of departments. 3. The president shall have power to fill up all va- cancies that may happen during the recess of the senate, by granting commissions which shall expire at the end of their next session. SECTION 3. 1 . He shall, from time to time, give to the congress, His duties, information 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 disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive am- bassadors, and other public ministers ; he shall take care that the laws be faithfully executed; and shall com- mission all the officers of the United States. SECTION 4. 1 . The president, vice-president, and all civil officers rem 8 o v eab'le on of the United States, shall be removed from office on impeachment impeachment for, and conviction of, treason, bribery, or a . nd convic- other high crimes and misdemeanors. ARTICLE 3. SECTION 1. 1. The judicial power of the United States shall be Judicial pow- vested in one supreme court, and in such inferior courts ersv 8tedi n a . .' . , . supremecourt, as the congress may, from time to time, ordain and es- & tablish. The judges, both of the supreme and inferior courts, shall hold their offices during good behavior, and hold S their of- shall, at stated times, receive, for their services, a com- fices during pensation, which shall not be diminished during their good behat ior, continuance in office. SECTION 2. 1. The judicial power shall extend to all cases in law Extent of the and equity, arising under this constitution, the laws of J udlcial P ow - the United States, and treaties made, or which shall be er made, under their authority; to all cases affecting am- bassadors, other public ministers and consuls; to all cases of admiralty and maritime jurisdiction ; to con- troversies to which the United States shall be a party ; to controversies between two or more states, between a state and citizens of another state, between citizens of different states, between citizens of the same state claim- 14 DECLARATION OF INDEPENDENCE. [*See amendments, art. 11.] Original and appellate ju- i n g lands under grants of different states, and between a state or the c ^ tizens thereof, and foreign states, citi- zens, or subjects.* 2. Iii all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party, the supreme court shall have original juris- dic * ion * In a11 the other cases before mentioned, the su- preme court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such re- gulations as the congress shall make. 3 * The trial of all crimes, except in cases of impeach- ment, shall be by jury ; and such trial shall be held in the state where the said crimes shall have been commit- ted ; but when not committed within any state, the trial shall be at such place or places as the congress may by law have directed. SECTION 3. 1. Treason against the United States, shall consist on iy j n levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shiH be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court. 2. The congress shall have power to declare the pun- ishment of treason ; but no attainder of treason shall t P reaion&c. 0f work corruption of blood, or forfeiture, except during the life of the person attainted. ARTICLE 4. Trial of crimes to be by jury, &c. Definition of treason. Congress to declare the SECTION 1. Credit to b 1 . Full faith and credit shall be given, in each state, to ^ e P ublic acts ' records ? and judicial proceedings of every public acts, other state. And the congress may, by general laws, Sic. of anoth- prescribe the manner in which such acts, records, and er, c. proceedings, shall be proved, and the effect thereof. SECTION 2. Reciprocity i. The citizens of each state shall be entitled to all thro U tl boSt hlP privileges and immunities of citizens in the several states. the states. 2. A person charged in any state with treason, felony, Criminals fly- or other crime, who shall flee from justice, and be found mg from one j n ano t ner state, shall, on demand of the executive au- ther^to bede- thority of the state from which he fled, be delivered up, livered, up on to be removed to the state having jurisdiction of the demand. crime. 3. No person held to service or labor in one state, un- Aer the laws thereof, escaping into anotker, shall, in con- CONSTITUTION OF THE UNITED STATES. 15 sequence ofanyJaw or regulation therein, be discharged Runaway from such service or labor ; but shall be delivered up, on be^l'ivereil* claim of the party to whom such service or labor may up . be due. SECTION 3. 1 . New states may be admitted by the congress into New states this union ; but no new state shall be formed or erected may be ad- 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. 2. The congress shall have power to dispose of, and Congress to make all needful rules and regulations respecting the have P wer territory or other property belonging to the United &c!' ciSmJoi' States; and nothing in this constitution shall be so con- the states, c. strued as to prejudice any claims of the United States, or ?* to be P rp - of any particular state. SECTION 4. 1. The United States shall guaranty to every state in Republican this union a republican form of government, and shall form of go- protect each of them against invasion ; and, on applica- Iu a n e t ee d u tion of the legislature, or of the executive, (when the each state, &c legislature cannot be convened,) against domestic vio- lence. ARTICLE 5. 1. The congress, whenever two-thirds of both houses Mode of a- shall deem it necessary, 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 con- stitution, 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 amend- ment, which maybe made prior to the year one thousand eight hundred and eight, shall, in any manner, affect the first and fourth clauses in the ninth section of the first ar- [* See ante, tide : and that no state, without its consent, shall be de- prived of its equal suffrage in the senate.* ARTICLE 6. 1. All debts contracted and engagements entered into, before the adoption of this constitutioa, shall be as under the confederation CONSTITUTION OF THE UNITED STATES. This constitu- tion, acts of congress, and treaties, the supreme law, &c. The state judges bound thereby. Senators, re- presentatives, &c. bound by oath, or affir- mation.to sup- port this con- stitution. No religious test sufficient, &c. valid against the United States under this constitution, as under the confederation. 2. This constitution, and the laws of the United States which shall be made in pursuance thereof, and all trea- ties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound there- by ; any thing in the constitution, or laws of any state. to the contrary notwithstanding. 3. The senators and representatives before mention- ed, and the members of the several state legislatures, and all executive and judicial officers, both of the Unit- ed States and of the several states, shall be bound by oath, or affirmation, to support this constitution : but no religious test shall ever be required as a qualification to any office, or public trust, under the United States. ARTICLE 7. lm The ratification of the conventions of nine states sna U be sufficient for the establishment of this constitu- tion between the states so ratifying the same. Done in convention, by the unanimous consent of the states present, the seventeenth day of September. in the year of our Lord one thousand seven hundred and eighty seven, and of the independence of the United States of America, the twelfth. In wit- ness whereof, we have hereunto subscribed our names. GEORGE WASHINGTON, President, and deputy from Virginia. NEW HAMPSHIRE. John Langdon, Nicholas Gilman. MASSACHUSETTS. Nathaniel Gorham, Rufus King. CONNECTICUT. William Sam'lJohnson, Roger Sherman. NEW-YORK. Alexander Hamilton. NEW-JERSEY. William Livingston, David Brearly, William Patterson, Jonathan Dayton. PENNSYLVANIA. Benjamin Franklin. Thomas Mimin, Robert Morris, George Clymer, Thomas Fitzsimons. Jared Ingersoll, James Wilson, Governeur Morris. DELAWARE. George Read, Cunning Bedford, jini. John Dickinson, Richard Bassett Jacob Broom. MARYLAND. James M'Henry, Daniel of St. Tho. Jenifer. Daniel Carroll. AMENDMENTS TO THE CONSTITUTION. 17 VIRGINIA. SOUTH CAROLINA. John Blair, John Rutledge, James Madison, jun. Charles Cotesworth Pinckney. NORTH CAROLINA. Charles Pinckney, William Blount, Pierce Butler. Richard Dobbs Spaight, GEORGIA. Hugh Williamson. William Few, Abraham Baldwin. Attest. WILLIAM JACKSON, Secretary. AMENDMENTS TO THE CONSTITUTION. ARTICLE 1. Congress shall make no law respecting an establish- Congress pro- ment of religion, or prohibiting the free exercise there- hibited from of ; or abridging the freedom of speech, or of the press ; interfering or the right of the people peaceably to assemble, and to ^j- tn freedom petition the government for a redress of grievances. of speech, of ARTICLE 2. ^ipr 1 A well regulated militia being necessary to the securi- Right of the ty of a free state, the right of the people to keep and people to keep bear arms shall not be infringed. arms^c ARTICLE 3. No soldier shall, in time of peace, be quartered in any house, without the consent of the owner ; nor in time of ^ ^ny ""house, war, but in a manner to be prescribed by law. during peace, ARTICLE 4. s^Tc 11 The right of the people to be secure in their persons, N O search- houses, papers, and effects, against unreasonable search- warrant to is- es and seizures, shall not be violated ; and no warrants sue > exce P* n shall issue, but upon probable cause, supported by oath ^use o*atb or affirmation, and particularly describing the place to & c . be searched, and the persons or things to be seized. ARTICLE 5. No person shall be held to answer for a capital, or No person t otherwise infamous crime, unless on a presentment or be held to an- indictment of a grand jury, except in cases arising in the swer for a land or naval forces, or in the militia, when in actual on'present. 689 service, in time of war or public danger ; nor shall any mea t, &c. ex- person be subject, for the same offence, to be twice put in ce pt in tne jeopardy of life or limb ; nor shall be compelled, in any forcW'nofto criminal case, to be a witness against himself, nor be de- answe'r for ftp ^ 18 AMENDMENTS TO THE CONSTITUTION. same offence prived of life, liberty, or property, without due process twice, &c. of law; nor shall private property be taken for public use, without just compensation. ARTICLE 6. Assurance of ] n a u criminal prosecutions, the accused shall enjoy public 7 ' rial by * ne right to a speedy and public trial, by an impartial jury, c. in jury of the state and district wherein the crime shall criminal pro- have been committed, which district shall have been secutions. 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 7. Right of trial In suits at common law, where the value in contro- af coZmon 11 ^ vers ^ sha11 exceed twent y dollars, the right of trial by law, above the J ur J s ^ ia " ^ e preserved ; and no fact tried by a jury shall value of 20 be otherwise re-examined in any court of the United dollars, &c. States, than according to the rules of the common law. ARTICLE 8. SdTn^Ttand Excessive bail shall not be required, nor excessive cruel punish- fines imposed, nor cruel and unusual punishments in- ments, prohi- flicted. ARTICLE 9. Rights enu- The enumeration in the constitution of certain rights. merated, not s h a ll not be construed to deny or disparage others retain- ARTICLE 10. Powers not The powers not delegated to the United States by the constitution, nor prohibited by it to the states, are re- to the states served to the states respectively, or to the people. rpeople - ARTICLE 11. Restriction of ^he judicial power of the United States shall not be n.'lseeantej construed to extend to any suit in law or equity, corn- art. 3, sec. 2, ' menced or prosecuted against one of the United States. clause 1.) by citizens of another state, or by citizens or subjects of any foreign state. ARTICLE 12. Actual node of electing the 1. The electors shall meet in their respective states, president and an a vote by ballot for president and vice-president, one of C 'he r United f wnom ? at least, shall not be an inhabitant of the same States. state with themselves ; they shall name in their ballot? AMENDMENTS TO THE CONSTITUTION. J4) the 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 presi- dent, and of all persons voted for as vice-president, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the presi- dent 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 pres- ident shall be the president, if such number be a major- ity of the whole number of electors appointed ; and if no person have such majority, then from the persons hav- ing the highest numbers, not exceeding three, on the list of those voted for as president, the house of representa- tives 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 mem- ber 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 up- on 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. 2. The person having the greatest number of votes as vice-president, shall be the vice-president, if such num- ber be a majority of the whole number of electors ap- pointed ; 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 con- sist of.two-thirds of the whole number of senators, and a majority of the whole number shall be necessary to a choice. 3. But no person constitutionally ineligible to the of- fice of president, shall be eligible to that of vice-presi- dent of the United States. ARTICLE 13. If any citizen of the United States shall accept, claim, Citizen*hip receive, or retain any title of nobility or honor, or shall, forfeited by without the consent of congress, accept and retain any present, pension, office, or emolument of any kind what- f ore ig n pow er, ever, from any emperor, king, prince, or foreign power, of any title of such person shall cease to be a citizen of the United nobility* oftic e States, and shall be incapable of holding any office of [- trust or profit under them, or either of them. &c. CONSTITUTION OF CONNECTICUT. PREAMBLE. THE people of Connecticut, acknowledging, with gratitude, the good providence of God. in having per- mitted 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 considera- tion and revision, ordain and establish the following Constitution, and form of civil government. ARTICLE 1. DECLARATION OF RIGHTS. That the great and essential principles of liberty and free government may be recognized and established, WE DECLARE, Equality of SECT. 1. That all men, when they forma social corn- rights, pact, are equal in rights; and that no man, or set of men, are entitled to exclusive public emoluments, or privile- ges, from the community. Source of po- SECT. 2. That all political power is inherent in the litical power, people, and all free governments are founded on their authority, and instituted for their benefit ; and that they Rlght J alter have, at all times, an undeniable and indefeasible right ernmentf T ~ * a ^er their form of government, in such a manner as they may think expedient. Religious pro- SECT. 3. The exercise and enjoyment of religious fession and profession and worship, without discrimination, shall worship. forever be free to all persons in this state; provided, that Limitation. the right hereby declared and established, shall not be so construed as to excuse acts of licentiousness, or to justify tobe re fvea n b e P ratices inconsistent with the peace and safety of the law to any * state - Christian sect. SECT. 4. No preference shall be given by law to any f etk ^rite 7 christain Sect r mode f w rship. an/pubiish * SECT. 5. Every citizen may freely speak, write and sentiments. publish his sentiments on all subjects, being responsible Liberty of for the abuse of that liberty. thTpresT not SEC . T ' G ' N kw sha11 ever be P assed to Curtail r to be restrain- restrain the liberty of speech or of the press. ? SECT. 7. In all prosecutions or indictments for libels, idence the truth may be given in evidence ; and the jury shall Right of the have the right to determine the law and the facts, under jury. the direction of the court. CONSTITUTION OF CONNECTICUT. 21 SECT. 8. The people shall be secure in their persons, Security from houses, papers and possessions from unreasonable search- 8earches and es or seizures ; and no warrant to search any place, or Restriction as to seize any person or things, shall issue, without describ- to search war- ing them as nearly as may be, nor without probable rants - cause, supported by oath or affirmation. SECT. 9. In all criminal prosecutions, the accused Rights of the shall have a right to be heard by himself, and by counsel ; accused in to demand the nature and cause of the accusation; to cnminal P r - be confronted by the witnesses against him ; to have compulsory process to obtain witnesses in his favor; and in all prosecutions by indictment or information, a speedy public trial by an impartial jury. He shall not be com- pelled 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 Presentment forlife,unlessonapresentmentoran indictment of agrand of a & rand J u - jury ; except in the land or naval forces, or in the miltia, cessa." "' when in actual service, in time of war, or public danger. SECT. 10. No person shall be arrested, detained or Security from punished, except in cases clearly warranted by law. arrest, &c. SECT. 11. The property of no person shall be taken Right of pri- for public use, Avithout just compensation therefor. vate property. SECT. 12. All courts shall be open, and every person, Right of re- for an injury done him in his person, property or repu- dress for tation, shall have remedy by due course of law, and in J unes - righta nd justice administered, without sale, denial or de- lay. SECT. 13. Excessive bail shall not be required, nor Excessive bail excessive fines imposed. SECT. 14. All prisoners shall, before conviction, be bailable, by sufficient sureties, except for capital offences, where the proof is evident, or the presumption great ; bailable. and the privileges of the writ of habeas corpus shall not Writ of 1)a _ be suspended, unless when in case of rebellion or invasion, beas corpus, the public safety may require it ; nor in any case, but by the legislature. SECT. 15. No person shall be attainted of treason or NO attainder felony, by the legislature. of treason or SECT. 16. The citizens have a right, in a peaceable ^'? y ' , manner, to assemble for their common good, and to ap- c itf zen g to * ply to those invested with the powers of government, assemble ; and for redress of grievances, or other proper purposes, by to P etition for petition, address or remonstrance. grievances^ SECT. 17. Every citizen has a right to bear arms in Right to bear defence of himself and the state. arms- SECT. 18. The military shall, in all cases, and at all ^f the'Sl 011 times, be in strict subordination to the civil power. ,t the civil power. 22 CONSTITUTION OP CONNECTICUT. Quartering of SECT. 19. No soldier shall, in time of peace, be quar- ?oldiers. tered in any house, without the consent of the owner ; nor in time of war, but in a manner to be prescribed by law. No hereditary SECT. 20. No hereditary emoluments, privileges or umen s. nonorSj s h a ]} ever fo e granted, or conferred, in this state. T - lb SECT - 21< The right of trial by jury shall remain yjur7 ' inviolate. ARTICLE 2. UF THE DISTRIBUTION OF POWERS. Distribution The powers of government shall be divided into three of powers. distinct departments, and each of them confided to a separate magistracy to wit those which are legisla- tive, to one; those which are executive, to another; and those which are judicial, to another. ARTICLE 3. Legislative powers vested in two houses. General as- sembly. Stated annual session. Special ses- sion. A different place of meet- ing, when, and how, to be designated. House of Re- presentatives. Number of representa- tives. Restriction as o new towns. OF THE LEGISLATIVE DEPARTMENT. SECT. 1. The legislative power of this state shall be vested in two distinct houses or branches ; the one to be styled THE SENATE, the other THE HOUSE OF REPRE- SENTATIVES, and both together THE GENERAL AS- SEMBLY. The style of their laws shall be. Be it enacted by the Senate and House of Representatives, in General Assembly convened. SECT. 2. There shall be one stated session of the gen- eral assembly, to be holden in each year, alternately at Hartford and New-Haven, on the first Wednesday of May, and at such other times as the general assembly shall judge necessary ; the first session to be holden at Hartford : but the person administering the office of governor, may, on special emergencies, convene the general assembly at either of said places, at any other time. And in case of danger from the prevalence of contagious diseases, in either of said places, or other circumstances, the person administering the office of governor may, by proclamation, convene said assembly at any other place in this state. SECT. 3. The house of representatives shall consist of electors residing in towns from which they are elect- ed. The number of representatives from each town shall be the same as at present practised and allowed. In case a new town shall hereafter be incorporated, such new town shall be entitled to one representative CONSTITUTION OF CONNECTICUT. 23 only ; and if such new town shall be made from one or Right of the more towns, the town or towns from which the same towns from shall be made, shall be entitled to the same number of JJJJ^JJJ^ representatives as at present allowed, unless the num- ber shall be reduced by the consent of such town or towns. SECT. 4. The senate shall consist of twelve mem- Senate, bers, to be chosen annually by the electors. SECT. 5. At the meetings of electors, held in the Election of several towns in this state, in April annually, after the * election of representatives, the electors present shall be called upon to bring in their written ballots for sena- tors. The presiding officer shall receive the votes of the electors, and count and declare them in open meet- ing. The presiding officer shall also make duplicate Duplicate lists of the persons voted for, and of the number of votes for each, which shall be certified by the presiding of- ficer ; one of which lists shall be delivered to the town clerk, and the other, within ten days after said meeting, VQ e te u s rn 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 con- tents thereof. And each sherifF, who shall receive such votes, shall, within fifteen days after said meeting, de- liver them, or cause them to be delivered, to the secretary. SECT. 6. The treasurer, secretary, arid controller, Canvass of for the time being, shall canvass the votes publicly. The votes. twelve persons having the greatest number of votes for Declaration, senators, shall be declared to be elected. But in cases Equality of where no choice is made by the electors, in consequence votes. 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 elected. The return of votes, and the result of the can- Return of vass, shall be submitted to the house of representatives, votes, and re- and also to the senate, on the first day of the session of su ! t * be !* ub " the general assembly ; and each house shall be the "ousel final judge of the election returns and qualifications of its own members. SECT. 7. The house of representatives, when as- officers sembled, shall choose a speaker, clerk, and other offi- cers. The senate shall choose its clerk, and other officers, except the president. A majority of each house shall constitute a quorum to do business ; but a Quorum, smaller number may adjourn from day to day, and com- pel the attendance of absent members, in such manner, smaller num- and under such penalties, as each house may prescribe, ber. 24 CONSTITUTION OF CONNECTICUT. Powers of SECT. 8. Each house shall determine the rules of its each house. own proceedings, punish members for disorderly con- duct, and, with the consent of two thirds, expel a mem- P uhion l f jmU- ber ' but not a second time for the same cause ; and shall ed. 1 ' 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 pro- ceedings, and publish the same, when required by one fifth of its members, except such parts as, in the judgment Yeas and of a majority, require secrecy. The yeas and nays of navs - the members of either house shall, at the desire of one fifth of those present, be entered on the journals. Privilege from SECT. 10. The senators and representatives shall, in arrest. a ll cases of civil process, be privileged from arrest, during the session of the general assembly, and for four Privile e as to ^ a ^ s Before * ne commencement, and after the termina- speech or de- tion, of any session thereof. And for any speech or de- bate, bate in either house, they shall not be questioned in any other place. Debates, to be SECT. 11. The debates of each house shall be pub- pubh.c. Ex ~ lie, except on such occasions as. in the opinion of the ception. , house, may require secrecy. ARTICLE 4. OF THE EXECUTIVE DEPARTMENT. Governor. SECT. 1. The supreme executive power of the state shall be vested in a governor, who shall be chosen by the electors of the state, and shall hold his office for one Term of office, year from the first Wednesday of May next succeeding his election, and until his successor be duly qualified. Qualifications. No person who is not an elector of this state, and who has not arrived at the age of thirty years, shall be eligible. SECT. 2. At the meetings of the electors in the respec- tive tow r ns, in the month of April in each year, imme- diately after the election of senators, the presiding officers shall call upon the electors to bring in their bal- Election of ^^ s ^ or k* m w ^ om * nev wou ld elect to be governor, with governor. ms name fairly written. When such ballots shall have been received and counted, in the presence of the elec- Duplicate tors, duplicate lists of the persons voted for, and of the number of votes given for each, shall be made and certifi- ed, by the presiding officer ; one of which lists shall be kT 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 election shall have been held. The sheriff receiving said votes shall deliver, or CONSTITUTION OP CONNECTICUT. 25 cause them to be delivered to the secretary, within fif- teen days next after said election. The votes so return- ed shall be counted, by the treasurer, secretary and anvags O f comptroller, within the month of April. A fair list of rotes. the persons, and number of votes given for each, togeth- er with the returns of the presiding officers, shall be, by the treasurer, secretary and comptroller, made and laid before the general assembly, then next to be holden, on the first day of the session thereof; and said assem- % shall, after examination of the same, declare the ^ , . ., , , . it i i Declaration, person whom they shall hnd to be legally chosen, and give him notice accordingly. If no person shall have a majority of the whole number of said votes, or if two, or more shall have an equal and the greatest number of _. . . , " j , - Choice by said votes, then said assembly, on the second day of g enera ] as- their session, by joint ballot of both houses, shall pro- sembly, in ceed, without debate, to choose a governor from a list what case, of the names of the two persons having the greatest be made! number of votes, or of the names of the persons hav- ing an equal and highest number of votes, so returned as aforesaid. The general assembly shall, by law, pre- scribe the manner in which all questions concerning the election of a governor, or lieutenant-governor, shall be determined. SECT. 3. At the annual meetings of the electors, im- mediately after the election of governor, there shall also be chosen, in the same manner as is herein before provided for the election of governor, a lieutenant- Lieutenant- governor, who shall continue in office for the same governor, time, and possess the same qualifications. SECT. 4. The compensations of the governor, lieu- Compensation tenant-governor, senators, and representatives, shall to governor, be established by law, and shall not be varied so as to fee- take effect until after an election, which shall next suc- ceed the passage of the law establishing said compen- sations. SECT. 5. The governor shall be captain-general of Captain-gen- the militia of the state, except when called into the eral. service of the United States. SECT. 6. He may require information in writing from Governorraay the officers in the executive department, on any sub- >; e q uire . "- ject relating to the duties of their respective offices. SECT. 7. The governor, in case of a disagreement p ow er as to between the two houses of the general assembly, re- adjournment specting the time of adjournment, may ad ; ourn them to of general as- such time as he shall think proper, not beyond the day of the next stated session. SECT. 8. He shall, from time to time, give to the Dut of _ general assembly, information of the state of the gov- ernor, 4 26 CONSTITUTION OF CONNECTICUT. Power togrant reprieves. Exception. Commissions. Power and du- ty of governor bills? * Proceedings ed by'thegov ernor. President of icnate. the governor shall devolve ant-governor" President of ernment, and recommend to their consideration such measures as he shall deem expedient. SECT. 9. He shall take care that the laws he faithful- ly executed. SECT. 10. The governor shall have power to grant reprieves after conviction, in all cases, except those of i m p ea chment, until the end of the next session of the general assembly, and no longer. SECT. 11. All commissions shall be in the name, and by authority of, the State of Connecticut ; shall be seal- ed with the state seal, signed by the governor, and attested by the secretary. SECT. 12. Every bill, which shall have passed both ii OUges o f the general assembly, shall be presented to tne governor. If he approves, he shall sign and trans- mit 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 ; wn o shall proceed to reconsider the bill. If, after such reconsideration, that house shall again pass it, it shall be sent, 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 enter- ed on the journals of each house respectively. If the bill shall not be returned, by the governor, within three days, (Sundays excepted) after it shall have been pre- sented 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. SECT. 13. The lieutenant-governor shall, by virtue o f his office, be president of the senate, and have, when in committee of the whole, a right to debate, and when the senate is equally divided, to give the casting vote. SECT. 14. In case of the death, resignation, refusal to f serve > or removal from office of the governor, or of his impeachment, or absence from the state, the lieutenant- governor shall exercise the powers and authority ap- " P ertamin g to tne omce f governor, until another be chosen at the next periodical election for governor, and be duly qualified ; or until the governor impeached or absent, shall be acquitted or return. SECT. 15. When the government shall be administer- edby the lieutenant-governor, 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 governor, the CONSTITUTION OP CONNECTICUT. 27 lieutenant-governor 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 tempore, shall, in like manner, administer the govern- ment, until he be superseded, by a governor, or lieuten- ant-governor. SECT. 16. If the lieutenant-governor shall be re- In what case, quired to administer the government, and shall, while in ^^g 6 ^ b ^ such administration, die or resign, during the recess of choose a presi- the general assembly, it shall be the duty of the sec re- dent pro tem- tary, for the time being, to convene the senate, for the P ore ' purpose of choosing a president pro tempore. SECT. 17. A treasurer shall annually be chosen, by Treasurer, the electors, at their meeting in April ; and the votes shall be returned, counted, canvassed, and declared, in Canvass of the same manner as is provided for the election of votes, governor and lieutenant-governor ; but the votes for treasurer shall be canvassed by the secretary and comptroller only. He shall receive all monies belonging to the state, and disburse the same only as he may be ^* y of 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 comptroller. SECT. 18. A secretary shall be chosen next after the Secretary, treasurer, and in the same manner ; and the votes for secretary shall be returned to, and counted, canvassed Canvass of and declared by the treasurer and comptroller. He shall D u 7y" of secre . have the safe keeping and custody of the pulic records tary. 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 pre- scribed by law. He shall be the keeper of the seal of Keeper of the the state, which shall not be altered. seal. SECT. 19. A comptroller of the public accounts shall Comptroller, be annually appointed, by the general assembly. He shall adjust and settle all public accounts and demands, ex- His duty, cept grants and orders of the general assembly. He shall prescribe the mode of keeping and rendering all public accounts. He shall, ex ojficio, be one of the au- ditors 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 pre- scribe the manner in which his duties shall be perform- ed. SECT. 20. A sheriff shall be appointed in each county, gb er jj-. by the general assembly, who shall hold his office for three years, removeable by said assembly, and shall be- Term of office come bound, with sufficient sureties, to the fcreas n-er of Bond, the state, for the faithful discharge of the duties of big 28 CONSTITUTION OF CONNECTICUT. office, in such manner as shall be prescribed by law. In Vacancy, how case the sheriffof any county shall die or resign, the gov- supplied. Statement of funds of the state. ernor 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 state, shall be published from time to time, in such manner and at such periods, as shall be prescribed by law. ARTICLE 5. OF THE JUDICIAL DEPARTMENT. Courts. Justices of the peace. Mode of ap- pointment. Tenure of of- fice. Removeable in what man- ner. Limitation of term of office. SECT. 1. The judicial power of the state shall be vested in a supreme court of errors, a superior court, and such inferior 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. SECT. 2. There shall be appointed, in each county, a sufficient number of justices of the peace, with such ju- risdiction in civil and criminal cases as the general as- sembly may prescribe. SECT. 3. The judges of the supreme court of errors, of the superior and inferior 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 superior court, shall hold their offices during good behavior; but may be removed by impeachment ; and the governor shall also remove them, on the address of two thirds of the mem- bers of each house of the general assembly : all other judges and justices of the peace shall be appointed annu- ally. No judge or justice of the peace shall be capable of holding his office, after he shall arrive at the age of seventy years. ARTICLE 6. OF THE QUALIFICATIONS OF ELECTORS. Electors. Qualifications nectary to become elec- tors. SECT. 1 . All persons who have been, or shall hereafter, previous to the ratification of this constitution, be ad- mitted freemen, according to the existing laws of this state, shall be electors. SECT. 2. Every white malecitizen of the United States, who shall have 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 privi- lege of an elector, at least six months preceding ; and have a freehold estate of the yearly value of seven doJ- CONSTITUTION OF CONNECTICUT. 29 ars in this state 5 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 him- self 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. SECT. 3. The privileges of an elector shall be forfeit- p r j v ii e jr e s O f ed, by a conviction of bribery, forgery, perjury, duelling, an elector, fraudulent bankruptcy, theft, or other offence for which how forfeited, an infamous punishment is inflicted. SECT. 4. Every elector shall be eligible to any office Eligibility of in this state, except in cases provided for in this consti- electors, tution. Select-men SECT. 5. The select men and town clerk of the several and town towns, shall decide on the qualifications of electors, .at such clerk to de- times, and in such manner as may be prescribed by law. fi^ t j" s quali ~ SECT. 6. Laws shall be made to support the privilege of Lawg to " be free suffrage, prescribing the manner of regulating and ma de in sup- conducting meetings of the electors, and prohibiting, under port of free adequate penalties, all undue influence therein, from suffra S e - power, bribery, tumult and other improper conduct. SECT. 7. In all elections of officers of the state, or members of the general assembly, the votes of the elect- lot. ors shall be by ballot. SECT. 8. At all elections of officers of the state, or eiectorf from members of the general assembly, the electors shall be arrest, privileged from arrest, during their attendance upon, and goingto,and returning from the same, on anycivilprocess. SECT. 9. The meetings of the electors for the election Annual meet- of the several state officers, by law annually to be elect- ing of the ed, and members of the general assembly of this state, electors - shall be holden on the first Monday of April in each year. ARTICLE 7. OF RELIGION. SECT. 1. It being the duty of all men to worship the Duty and Supreme Being, the Great Creator and Preserver of the Jj? h l . f e r ' Universe, and their right to render that worship, in the Supreme mode most consistent with the dictates of their conscien- Being, ces ; no person shall, by law, be compelled to join orsup- No legal com" port, nor be classed with, or associated to, any congrega- P ul8 ' on - tion, 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 Equal rights efChriitians. Secession. Charter of Yale-College, confirmed. School fund. Amount to he ascertained ; published and recorded. Never to be diverted. CONSTITUTION OF CONNECTICUT. denomination of Christians in this state, shall have and enjoy the same and equal powers, rights and privileges ; and shall have power and authority to support and main- tain the ministers or teachers of their respective denom- inations, and to build and repair houses for public wor- ship, by a tax on the members of any such society only, to be laid by a ma or vote of the legal voters assembled at any society meeting, warned and held according to law, or in any other manner. SECT. 2. If any person shall choose to separate himself from the society or denomination of Christians to which he may belong, and shall leave a written notice thereof with the clerk of such society, he shall thereupon be no longer liable for any future expenses which may be incurred by said society. ARTICLE 8. OF EDUCATION. SECT. 1. The charterof Yale-College, as modified by agreement with the corporation thereof, in pursuance of an act of the general assembly, passed in May, 1792, is hereby confirmed. SECT. 2. The fund, called the SCHOOL FUND, shall re- main a perpetual fund, the interest of which shall be inviolably appropriated to the support and encourage- ment 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 prac- ticable, be ascertained, in such manner as the general assembly may prescribe, published, and recorded in the comptroller's office ; and no law shall ever be made, au- thorising 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 9. OF IMPEACHMENTS. Power of im- peachment. Trial of im- peachments. SECT. 1. The house of representatives shall have the sole power of impeaching. SECT. 2. All impeachments shall be tried by the senate. When sitting 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. When the governor is impeached, the chief justice shall preside. CONSTITUTION OF CONNECTICUT. 3] SECT. 3. The governor, and all other executive and Liability to judicial officers, shall be liable to impeachment ; but impeachment, judgments in such cases shall not extend further than to Limitation of removal from office, and disqualification to hold any judgment, 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. SECT. 4. Treason against the state shall consist only Treason de- in levying war against it, or adhering to its enemies, giv- ing them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to Evidence, the same overt act, or on confession in open court. No Consequences conviction of treason, or attainder, shall work corrup- of conviction, tion of blood, or forfeiture. ARTICLE 10. GENERAL PROVISIONS. SECT. 1. Members of the general assembly, and all of- official oath. ficers, executive and judicial, shall, before they enter on the duties of their respective offices, take the following oath or affirmation, to wit : You do solemnly swear (or affirm, as the case may be) Form, 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. SECT. 2. Each town shall, annually, elect select men, Select-meu, and such officers of local police, as the laws may pre- &c. scribe. SECT. 3. The rights and duties of all corporations Effect of con- shall remain as if this constitution had not been adopt- stitution upon ed, with the exception of such regulations and restric- cor P rat ' s ; tions as are contained in this constitution. All judicial judicial and and civil officers now in office, who have been appoint- clvil officers: ed by the general assembly, and commissioned accord- ing 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 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 treasurer and continue in office until a treasurer and secretary shall be secre - ta| y ; be appointed under this constitution. All military of- military offi- ficers shall continue to hold and exercise their respec- cers - tive offices, until they shall resign, or be removed accord- ing to law. All laws not contrary to, or inconsistent laws - 32 CONSTITUTION OP CONNECTICUT. Bonds, debts, contracts, &c. General as- sembly in Oc- tober, 1818. Public officers excluded from general as- semblv. Amendments, how to be pro- posed ; continued and published ; approved, by each house ; presented to the inhabit- ants ; and adopted. 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 bod- ies 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 governor, lieutenant- governor, 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 superior court, or of the supreme court of errors ; no member of congress ; no person holding any office under the authority of the Uni- ted States ; no person holding the office of treasurer, secretary, or comptroller ; no sheriff, or sheriff's deputy, shall be a member of the general assembly. ARTICLE 11. OF AMENDMENTS OF THE .CONSTITUTION. Whenever a majority of the house of representa- tives shall deem it necessary to alter, or amend this con- stitution, they may propose such alterations and amend- ments ; 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 assem- bly, shall approve the amendments proposed, by yeas and nays, said amendments shall, by the secretary, be trans- mitted to the town clerk in each town in the state ; whose duty it shall be to present the same to the inhabitants there- of, for their consideration, at a town meeting, legally warn- ed 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, OLIVER WOLCOTT, President. JAMES LANMAN, ) ROBERT FAIRCHILD, $ STATUTES OF CONNECTICUT. TITLE 1. Account. An Act authorising the appointment of Auditors in actions of Account. T[)E it enacted by the Senate and House of D Representatives in General Assembly con- vened, That whenever a judgment shall be rendered When auditors against the defendant, in an action of account, that he 9h ?" b ^ *P- do account, the court shall appoint not more than three able, disinterested, and judicious men, to take the ac- count ; who shall be sworn according to law, and shall have power to appoint the time and place for the hear- ing, and shall give reasonable notice thereof to the par- ties : And if the defendant shall refuse to attend, at the time and place appointed, and produce his books, and render his account, the auditors shall receive from the plaintiff his statement of the account, and award to him the whole sum he claims to be due. SECT. 2. If the parties appear, and produce their How they shall books, the auditors shall have power to administer an P roceedg oath to them, and examine them respecting their ac- counts, and to enquire of any other lawful witnesses : and if either party shall refuse to be sworn, or to answer any proper questions respecting his account, the audit- ors may commit him to gaol, there to continue till he will consent to be sworn, and answer all proper inter- rogatories : and the auditors shall liquidate and adjust the accounts, and award that the party in whose favor they find the balance to be due, shall recover the same, and shall make report to the same or the next succeed- ing session of the court. The party in whose favor the report is made, shall pay to the auditors their fees and expenses, which shall be allowed in the bill of cost : and on the return and acceptance of the report, the court shall render judgment, that the party in whose favor it 5 34 Title 2. Actions Civil. No appeal. Justices of the peace shall take the ac- count. When ac- count will lie against execu- tors, and ten- ants in com- mon. When the remedy shall be by bill in equity. is made, shall recover the sum found to be due, with his lawful cost. And no appeal shall be allowed on any judgment given on a report of auditors. SECT. 3. In actions of account, brought before justi- ces of the peace, when judgment is rendered that the defendant shall account, they shall take and adjust the account, without the appointment of auditors, and render judgment accordingly. SECT. 4. An executor, who is also residuary legatee, when all, or any part of his legacy is withholden from him, by his co-executor, may bring his action of ac- count against his co-executor for the recovery thereof; and the like action shall be allowed to residuary lega- tees against executors. When two persons hold any estate as joint tenants, tenants in common, or coparce- ners, if one of them shall receive, use or take benefit oi such estate, in greater proportion than the amount of his interest in the principal estate, he, and his executors or administrators, shall be liable to render an account to his co-tenant ; and such co-tenant, his executors or administrators, may bring an action of account against such receiver, and recover such sum as he has received more than his proportion as aforesaid. SECT. 5. When there shall be such claim, by one co- executor, or residuary legatee, against two or more co- executors ; or when there is a claim by one joint-tenant, tenant in common, or coparcener, against two or more co-tenants, the remedy shall be by bill, or petition in equity. TITLE 2. Actions Civil. An Act for the regulation of Civil Actions. t TJ E it enacted by the Senate and House of Rep- SECT. 1. | ^ ... /-* 1/1 11 T M-M resentatives in Lreneral Assembly convened, That the process in civil actions shall be by summons, or attachment, in writing ; that the writ shall describe the parties and the court, and mention the time and place of appearance ; shall be accompanied with a declaration, containing the cause of action, and shall be signed by the governor, lieutenant-governor, a senator, judge, jus- tice of the peace, or clerk of the court to which it is re- Attachment, turnable.(l) Attachments may be granted against the (1) In the earliest statutes, a regulation the time and place of appearance, togeth- was made, that the ordinary process er with the substance of the action. This should be a warrant, fairly written, under was, undoubtedly, the origin of the prac- the hand of some magistrate, mentioning tice, peculiar to this state, of issuing the Process. Writ. Declaration. Signing. Title 2. Actions Civil. 35 >oods and chattels of the defendant, and for want there- of, against his lands or person. When the plaintiff prays Bonds for out an attachment, a sufficient bond shall be given, con- prosecution ditioned to prosecute his action to effect, and answer all damages in case he makes not his plea good : and if it shall appear to the authority signing the writ, that he is unable to pay the cost of suit, if a recovery should be had against him, then he shall procure a surety in such bond Surety, when of prosecution. If the plaintiff is not an inhabitant of to be S iven this state, or if an inhabitant of this state, and it appears to the authority signing the writ, that he is unable to pay the cost of suit, if a recovery is had against him, then, whether the suit be a summons or attachment, he shall procure surety in a bond from some substantial inhabitant of this state to prosecute his action to effect, and answer all damages, in case he make not his plea good. SECT. 2. All process, by attachment or summons, To whom pro- shall be directed to the sheriff, his deputy, a constable, who could proceed against him according to law. At the same time, a provision was made, authorising credit- ors, having debts owing to them in mon- ey, coin, provision, or other special pay, to attach such estate as was engaged, or any other estate, and secure it for trial. So, the es'ate of persons not lesiding in the colony, and the estate of debtors who were about to convey away their estate to defraud their creditors, or to abscond, could be attached. The plaintiff was en- abled ID declare upon the attachment, if the defendant came in upon it ; and the prior attaching creditor was first to be paid. The law alsr. required, that the party taking out an attachment against the j)ers'>n, goods or lands of another, should give security for prosecuting his ac- tion. In the revision of 1702, there is an additional regulation, that the court may imp 206. 3 Day, 315. 4 Day, 37 Title 2. .Actions Civil. 45 necessary to compel the parties to join issue in a reason- able time fgr trial. SECT. 35. All actions in the superior and county courts, Trial of issue where 'an issue is joined on any matter of fact, shall be fact > b y tried by a jury of twelve men of the neighbourhood, qual- J ^' ified, empanneled, and sworn according to law. (5) SECT. 36. The civil authority, select-men, constables and Jurors, how grand-jurors in the several towns, shall, some time in the cnosea - month of January, annually, meet and choose, by ballot, to serve as jurors in the county and superior courts, in the county to which such towns belong, such number of their able and judicious freeholders as is prescribed by law, each of which shall have a freehold estate, set in the the list at nine dollars or more. There shall be a box provided in the several towns, at the cost of the town, with a lock to it, and lodged in the hands of the town- clerk ; and when the jurors are chosen as aforesaid, the town-clerk shall write each man's name, so nominated, on a piece of paper by itself, and put the several names, so written, in the said box, and keep the same, locked, in his hands, that the said names may be drawn as is hereafter provided. SECT. 37. At some convenient time before the sit- Jurors, how ting of the aforesaid courts, the clerks of the same shall summon fifteen jurors to attend such courts, and shall is- sue warrants directed to either of the constables of the several towns, or some of them, in the county in which the court is to be held, to summon and warn so many able, judicious and lawful freeholders of the town as their warrant directs, to attend and serve as jurors at such court ; and such constable shall repair to the town-clerk, and, in his presence, (or in case of his absence) in the presence of one of the select-men of such town, or a justice of the peace, draw out of the box aforesaid, the number his warrant directs him to summon, without see- (5) The trial by jury was brought, by son should be tried for a crime extending our ancestors, from their native land. In to life or banishment, but by a special jury, the revised code of 1672, it was provided, summoned for that purpose, consisting of that all causes, where the debtor damage twelve able and judicious men, who exceeded forty shillings, should be tried by should all agree in their verdict. In the a jury of twelve men, who should find the revision of 1702, the court have power matter of fact, with the damages and to send the jury to a second and third con- costs, and the judges should declare the sideration; and the law has so continued sentence, or direct the jury to find ac- ever since. The excellent mode, now in cording to law, with power to return them force, of appointing and returning jurors, to a second consideration; and if they first appears in the revision of I7o0. la persisted in their former opinion, to the the revision of 1672, the jury are to be dissatisfaction of the court, to impannel an- summoned from the neighboring towns: other jury, and commit the consideration and in the revision of 170'2, it is> requir- of the cause to them * and to vary and al- ed that the jury should con<a- such witness, and bring him before the court to testify. SECT. 44. When any witness, in a civil cause, lives out Depositioni, f the state, or more than twenty miles from the place when and how of trial, is going to sea, or out of the, state, or by age, taken - nickness or bodily infirmity, is unable to travel to court, or is confined in gaol on legal process, his deposition may be taken, by a justice of the peace ; provided reason- able notice shall be given to the adverse party, or his known agent or attorney, if either of them live within twenty miles of the place of caption, 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 magistrate, having power to ad- minister oaths. And the witness shall be cautioned to speak the whole truth, shall be carefully examined, shall subscribe his deposition, and make oath to it, before a justice of the peace, who shall attest the same, certify that the adverse party, or his agent, was present, (if so) or that he was notified, if living within twenty miles ; who shall also certify the reason of taking such deposition ; shall 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. SECT. 45. The party, his attorney, or any person in- Nottobewrit- terested, shall not write, draw up, or dictate any deposi- ten, by any tion : and every deposition so drawn up, or that shall be P ers n inter- returned to the court unsealed, by any other hand than ested< that of the justice of the peace who took it, or the seal of which shall be broken, shall be rejected by the court. SECT. 46. Every justice of the peace shall have power Wl - tnesse to issue a subpoena, upon request, for the appearance of hov/r^mpelled any witness before him in a civil cause, where he is bound to give deposi- to sea, is going out of the state, or lives more than twenty tions> miles from the place of trial ; and to take his deposition, the adverse party, or his agent, being present, or duly notified, if living within twenty miles of the place of cmption : and if such witness should refuse to appear, the 48 Title 2. Actions Civil justice of the peace may issue a capias, and cause him to be brought before him ; and if he shall refuse to give his deposition, the justice of the peace may commit him to prison, till he will comply. And in like manner, the de- positions of witnesses living in this state, may be taken, to be used as evidence in a suit depending in any court of judicature in any other of the United States, on applica- tion of either of the parties to such suit. Depositions, SECT. 47. The clerks of the several county and su- how opened, perior courts shall have power to open any deposition directed to the courts of which they are respectively clerks, either in vacation, or during the session of the court, in open court, or elsewhere, as may be conven- ient. Commissions SECT. 48. Either judge of the superior court, when the to take depo- court is not in session, shall have power, when necessary, to issue a commission to take the deposition of any per- son or persons, resident out of this state, to be used in a cause pending before such court, notice being given to the adverse party to appear before such judge ; and the chief judge of each county court, shall have the same power, when the court is not in session, on giving notice to the adverse party, if the deposition is to be used in a cause pending before the county court, of which he is judge. Exemplifica- SECT. 49. An exemplification by the secretary of this tion of laws of state, of the laws of the several states in the United States, other states, w hich have been, or shall hereafter be, transmitted, by a nussi e. or ^er of the executives or legislatures of the same, to the governor of this state, and by him deposited in the office of the said secretary, shall be admissible in evi- dence, in any court in this state. Printed stat- SECT. 50. The public statutes of the several states in ?tete?admiMi- the United States, printed by authority thereof, shall be ble. " legal evidence ; and the courts shall take notice of them judicially. Sworn copies. SECT. 51. When the clerk of any court, town, society or corporation is absent, or is, by sickness, or otherwise, unable to perform the duties of his office, the files, records, votes and proceedings of such court, town, society or corporation may be proved in any court of law, by copies examined and sworn to, by credible witnesses. Certified co- SECT. 52. In all public offices and corporations, where entries or records are made of their acts, votes and pro- ceedings, by some officer appointed for that purpose, a copy thereof, certified under the hand of such officer, and the seal of such office or corporation, (if there be any) shall be legal evidence: and if any such officer shall, knowingly, make a false certificate, he shall be punishable in the same manner as if guilty of perjury. Title 2. Actions Civil. 49 53. It shall be competent for all corporations, Private corpo- created by private acts, in suits where their corporate dechu-e' and* rights are concerned, to declare and plead in the same plead, manner, as if erected by public acts. SECT. 54. It shall be the duty of the court to decide Direction of all questions of law arising in the trial of a cause, and in ? ourt to the committing the cause to the jury, to direct them to find jurj accordingly ; and to submit all questions of fact to the ju- ry, with such observations as they may think proper on the evidence, for their information, without any direction how they shall find the facts. (6) After the cause is com- mitted to the jury, no pleas, arguments or evidence shall be received, before the verdict is returned into court and recorded. SECT. 55. The court shall determine questions of law, Special ver- referred to them, by the jury, in a special verdict, which dict ' the jury may give, when they entertain doubts respecting the points of jaw arising in the cause, or when the parties request it : in which special verdict they shall find the facts, and state the question of law to wit If the law be go, in such a point, then we find for the plaintiff; but if the law be otherwise, then we find for the defendant. And when the jury find a verdict in favor of the plaintiff, Assessment ot they shall assess the damages he shall be entitled to re- dama s e8 - cover. SECT. 56. The court shall have power, if they judge Court may the jury have mistaken the evidence in the cause, and send jury to have brought in a verdict contrary to it, or where they C Q " have brought in a verdict contrary to the direction of the court in a matter of law, to return them to a second con- sideration, and for like reason shall have power to return them to a third consideration, and no more. SECT. 57. The jury, after a cause has been committed Jury to be un- to them, shall be under the charge of an officer appointed by the court, who shall permit no person to be present with them, or to speak to them, when assembled for de- liberation : nor shall the jurors converse with any person but among themselves, relative to the cause under con- sideration, before they have returned their verdict ; and (6) In charging the jury, the former power of directing the jury in matters oi practice was, to submit to them the law, law This w:\soauctioned by a rule of the as well as the fact, without expressing supreme court of errors, in 1M07; and the any opinion, or giving any direction how mode of charging the jury, both as to (In to find their verdict. This practice was, law and the fact, is now so modified by probably, co-eval with the government, the present statute, that the court will and undoubtedly originated from the pow- have the power to sum up the evidence, r givan the court to return the jury to a explain the testimony, and direct the jury further consideration: it continued till in questions of law m the manner best 1)307, (see 3 Day 28.) when it was chang- calculated to laad them to ft correct de- ed, and the superior court exercised the termination. 50 Title '2. Actions Civil. when they have agreed upon a verdict, they shall return Misconduct of it to the court.(7) If any juror shall converse with any jurors. person concerning the cause, except his fellows, while it is under consideration, or shall voluntarily suffer any other person to converse with him. such verdict, on mo- tion, may be set aside, and the court before whom such action is pending, shall cause such juror to come before them, and if, on due enquiry, they shall find him guilty, the court shall inflict on him a tine of seven dollars, for the use of the state ; and if any juror shall be convicted a second time of such offence, he shall be forever disqualifi- ed to sit as a juror in any case whatever. And if the of- ficer appointed to attend on the jury, or any of the jurors, shall be guilty of any disorderly conduct, or shall neglect and refuse to perform their respective duties, or shall dis- obey the orders of the court, then the court may inflict a fine on such officer or juror, not exceeding four dollars. SECT. 58. In all actions pending before the superioi and county courts, where the parties shall join issue upon any matter of fact, and agree to, and do, put themselves on the court, for the trial of such issue, the judges of such court shall have power to hear and try the same, without a jury, and to award damages and costs, and grant exe- cution thereon, in the same manner, and on the same principles, as in trials by jury. SECT. 59. In all cases, where the parties join in demur- rer, or in an issue in law, the same shall be heard and determined by the judges of the court: and the court shall render judgment on all verdicts of the jury, according to their finding, with cost, unless the same shall be set aside. And in all cases where judgment is rendered otherwise than on verdict, in favor of the plaintiff, the court shall assess and award the damages he shall recover. SECT. 60. In actions on penal bonds, containing condi- tions, which have been forfeited and broken, the court, or jury, when tried by the jury, shall find and assess such damages as are justly and equitably due, and judgment s ^ a ^ not ^ e rendered for the whole penalty, unless it ap- on bonds, the pearto be due. An<^ if upon a bond with conditions, the wUlchDui Dreacn of which may happen at different times, a suit be h&ppen^&tdif- Brought upon the first breach of such conditions, the ferent times, court, upon the forfeiture of such bond found on trial. Of officer or jurors. Parties may a- gree to try issues in fact, by the court. Court to de- cide issues in Damages on penal bonds. Judgment up- (7) By a statute in the revised code of 1702, the jury were to be confined in the custody of an office r, appointed by the court, till they had agreed upon a verdict. Though the statute would have permitted the court to confine the jury, in the same manner as in England, yet a practice was adopted, to permit the jury to adjourn, to separate, and to take refreshments, so as to give them a reasonable opportunity to consider the cause committed to them, and to agree upon their verdict. The practice under the former statute has been sanctioned by a judicial determination, and the present statute is made conformable to it. 1 Conn. Rep. 402. n. Title 2. Actions Civil. 51 demurrer, confession, or otherwise, shall render judg- ment, for what is due in equity, at the time, with cost, and award execution thereon. And upon any further or other breach, or neglect of performance of any other particular, in the condition annexed to, or indorsed upon said bond, the obligee, his executors or administrators, may take out a scire-facias against the obligor, his exec- Scire-facia? utors, or administrators, from the clerk of the court in *'** which the judgment was given, to shew cause why exe- cution should not be awarded for the money then due, or damages then sustained : and the court shall render judgment for what shall appear to be due in equity, and grant execution thereon ; and so from time to time, till all the particulars mentioned in the condition are per- formed and completed : provided, that the whole amount of such judgment shall not exceed the penalty in the bond, with interest. SECT. 61. All actions, wherein the matter in demand Final jurisdic- does not exceed the value of seventy dollars, and all ac- **on of the tions brought on bond or note, given for the payment of t money only, vouched by two witnesses, (except such matters as may be tried by a justice of the peace) shall be heard, and finally determined, by the county court. SECT. 62. In any action brought to and tried by the Appeals from county court, wherein the title of land is drawn in ques- county court, tion, and determined, or wherein the debt, damage, or matter in dispute shall exceed the value of seventy dol- lars, (except it be on bond or note, vouched by two wit- nesses,) if either party shall be aggrieved by the sen- tence or judgment of such court, an appeal shall be al- lowed to the next superior court in the same county : and in actions of trespass quare clausum, fregit, wherein the damages demanded shall be less than seventy dollars, brought to the county court, in which the title of lands shall be in question betweeen the parties, it shall be the duty of such county court, on the trial thereof, to cause a. record to be made, that the title of lands*was in question in such action, and thereupon an appeal shall be allowed to the superior court, as in other cases : and such ap- peals shall be entered during the term of the sitting of the court from whence they shall be made ; and sufficient bond, with surety, shall be given, by the party appealing, Bond n ap- to the adverse party, to prosecute such appeal to effect, P 6 * 1 - and answer all damages in case he make not his plea good. And all appeals to the superior court shall be en- tered before the second opening of said court, and not af- ter, unless the appellant shall pay to the appellee all hii cost in such case arisen to that time, which shall not be refunded, however the cause may eventually be determin- 52 Title 2. Actions Civil. ed : which cost, being taxed and paid, the action may be entered by the appellant, before the jury attending such court are dismissed, and not after : and if the appellant do not enter his appeal before the jury are dismissed, the appellee may enter the same after the jury are dis- missed, and have the judgment of the county court affirm- ed, with additional cost, and execution granted accord- ingly- Actions, when SECT. 63. Whenever an appeal is taken from the coun- remanded. ty court to the superior court, in an action not appeala- ble, the superior court shall remand it to the county court from whence it came, by appeal, and such county court, on the remanding thereof, may, on motion, for any just and reasonable cause appearing, grant a new trial thereon, or make such order as to justice shall appertain. And if the superior court render a judgment in a cause appealed as aforesaid, and the same is brought, by way of error or complaint, before the supreme court of errors, and is by such court reversed, on the ground of its not having been appealable, it shall be the duty of said su- preme court, to remand the same to the county court as aforesaid ; and thereupon the said county court may, on motion, grant a new trial thereon, or make order on the same as aforesaid. Appeal from SECT. 64. In all actions brought before any justice of justices of the the peace, demanding not more than seven dollars dama- thTneht"?" 5 S es > charging the defendant with raising or obstructing the water or pas- waters of any stream, river, creek, or arm of the sea, by a;e is con- the erection of any mill, dam, or other obstructions, in cerned. which the defendant shall justify the same, by a special plea, stating or alleging a lawful right ; and in all ac- tions brought before any justice of the peace, demanding not more than seven dollars damages, charging the de- fendant with an injury done to land, in which the defend- ant shall justify the same by a special plea, stating or al- leging a right of way ; the party who shall be aggrieved by the judgment of such justice of the peace, shall be al- lowed an appeal to the next county court, in the same county, on giving a bond, with sufficient surety, to prose- cute his appeal to effect. And the party who shall be aggrieved by the judgment of such county court, shall be allowed an appeal to the next superior court, in the same county, on giving bond, with sufficient surety, to prosecute his appeal to eflect : and the defendant, in all actions ap- pealed as aforesaid, shall not, without liberty of such county, or superior court, amend, alter, or change the plea so made, before such justice of the peace. Removal of SECT. 65. When, in an action of trespass quare clan- actions on sumfregit, brought before a justice of the peace, demand - Title 2. Actions Civil. 53 ing not more than seven dollars damage, the defendant pla of title shall justify, by a plea of title to the land, a record shall before justice be made thereof, and the matter of fact shall be taken to be confessed, and the defendant shall become bound to the adverse party, before such justice of the peace, with sufficient surety, in a recognizance in a sum not exceed- ing seventy dollars, that he will prosecute his plea, and enter such cause in the next county court, in the county where the land lies, and prosecute the same to effect, and pay all damages and cost, if he fails to make his plea good: and if he neglect to give such bond, his plea shall be re- jected, and the action proceed. And it shall be the duty of ,the defendant, when he has pleaded and given bond as aforesaid, to obtain certified copies of the proceedings be- fore the justice of the peace ; for which he shall pay the same fees as are paid to clerks of courts for copies, and to enter the same in the docket of such county court, be- fore the second opening of the same ; and if he should fail to do it, he shall be liable, on such recognizance, to pay to the plaintiff all the damage he has sustained. And if on trial, before such court, he shall fail to make out a title paramount to the title of the plaintiff, he shall pay treble damages and cost. SECT. 66. In all actions of trespass, and trespass on the Coats, case, tried in any county or superior court, if the dama- ges therein found, by the verdict of the jury, or other- wise, shall not exceed seven dollars, the plaintiff shall re- cover no more cost than damages, unless the title of land, the right of way, or the right to the use of water, is in question. And in all actions of assault and battery, and of assault and battery and false imprisonment, and of slan- der, in which the plaintiff shall recover in the superior court, by verdict of the jury, or otherwise, a sum not ex- ceeding seventy dollars, he shall recover no cost, which accrued by reason of the appeal : Provided, that when the defendant, in any of the actions aforesaid, shall remove such action, by appeal, from a justice of the peace to the county court, or from the county court to the superior court, the plaintiff, on recovering final judgment against the defendant, shall recover his full costs of suit. SECT. 67. Whenever two or more suits or actions at When no law shall be pending in the same court, at the same time, C09t * ha " be for the recovery of the same debt, damage or demand ; or a owe whenever two or more suits shall be pending before the same court, at the same time, against two or more offi- cers, upon receipts for executions, arising from the same original judgment, the court before which such suits shall be pending, shall not tax or allow any bills of costs, in any such suit or suits, unless such court shall be of opin-. Title 2. Actions Civil. New trials, w>< r ! !> be granted. ion that the commencement of said several suits was ne- cessary to secure said debt, damages, or demand. SECT. 68. The superior and county courts shall and may, from time to time, as occasion may require, and as by them shall be judged reasonable and proper, grant new trials of causes that shall come before them, for mis- pleading, or discovery of new evidence, or for other reason- able cause, according to the common and usual rules and methods in such cases. When the superior court shall be of opinion that the verdict of the jury is against the evidence given in the cause, they may, at their discretion, make a statement of the evidence, and report the same to the supreme court of errors, in the county where such action is pending, at their next session ; and if such court shall be of opinion, that the verdict is against the evidence in the cause, they shall have power, at their discretion, to grant a new trial. (8) SECT. 69. Writs of error maybe brought to the supe- rior court, from the judgments of the county and city courts, and of justices of the peace, for any error in the same, to be proceeded with according to the course of the common law : and when, on such writ of error, the judgment of the inferior court shall not be reversed, but affirmed, by the superior court, the defendant shall re- cover cost against the plaintiff: but if, on such trial, it shall be determined that the judgment complained of is erroneous, the court shall reverse and set aside the same, and the plaintiff shall recover all he has been dam- nified thereby ; but no cost on the writ of error, in case of a reversal, shall be allowed for either party. SECT. 70. When any judgment shall be reversed, the plaintiff in the original action, on which such erroneous judgment was given, may enter his action in the said su- perior court, (unless reversed on a principle that shews the action cannot be sustained,) where it shall be pro- ceeded with, and tried, in the same manner, as if it had or could have been brought there by appeal. And the whole cost in the said action, (excepting the cost on the writ of error,) shall be allowed and taxed in favor of him who shall recover final judgment : provided, that when the original action is of such a nature, that it cannot be tried in the superior court, and \i appears that further (8) The doctrine was, for a long time, recognized, by our courts, that the verdict of the jury was conclusive, and thai a new trial could not be granted, because it was against law, or evidence. The principle, that new trials should be granted because the verdict was against law, was recogni- zed by the supreme court of errors, in 1807, (see 3 Day, 29.) when they adopt- ed the rule that the court should instruct the jury in matters of law. The granting of new trials, where the verdict was against evidence, was settled by a decis- ion of the supreme court of errors, in 18)6, and is confirmed and modified, by thit statute. I C0im. Rep. 472. Title 2. Actions Civil. 55 proceedings may be had in the county court, it shall be the duty of the superior court to remand the same to the county court, in which such erroneous judgment was rendered, who shall proceed therein in the same manner as in other cases of the like kind, brought originally to said county court. SECT. 71. The courts having cognizance of writs of , nteregton error, upon the affirmance of any judgment or decree, judgments not or upon a nonsuit or withdraw, by the plaintiff in error, revised, may, according to their discretion, adjudge and decree to the defendant in error, besides his cost, the interest of the money delayed by such writ of error, and grant ex- ecution accordingly. SECT. 72. Writs of error shall be allowed and signed, 3i W1 sa ~ officer, to the keeper of the gaol, which shall be a suffi- cient warrant to him to hold such person in safe custody, till he be delivered in due course of law. SECT. 76. When personal estate, sufficient to pay the When to be sum mentioned in the execution, and the lawful fees and ^how "*' charges, cannot be found, by the officer, or shall not be proceed, tendered by the debtor, or his attorney, to be taken on such execution, then such officer, by the direction of the creditor, or his attorney, may levy the same on the lands, tenements or real estate of the debtor, holden in his own right, and the same shall be appraised, by three indifferent freeholders of the town where the lands lie, or if that town be a party, then of the next adjoining town, one of whom shall be appointed by the creditor, and another by the debtor, and if they do not agree in appointing a third, or if either party neglect to appoint, the officer may apply to any justice of the peace in the town, (who by law may judge between them in civil causes,) who shall appoint one or more appraisers, as the case may require : which appraisers, being sworn ac- cording to law, shall make an estimate of such land or real estate, according to its true value, in writing under their hands, or either two of them, and the same deliver to such officer : who shall thereupon set out to the credi- tor, by metes and bounds, so much of the lands as maj be sufficient, at the appraisal, to pay the debt on the execu- tion, and the lawful charges, if sufficient, if not, so much as there may be, to be indorsed in part payment of the execution, according to its value, at the appraisal. (9) (9) In consequence of the extreme scarci- cution, for the specific property originally ty oi specie in a newly settled country, contracted to be p*id, and the debtor it !-pc;..rne necessary to provide some had liberty to redeem it within sixty days, other mode for the satisfaction of execu- In ihe revision of 1702, the la.v directs tions. Accordingly, a law WMS made in thesaie of the goods an at outcry tor money, 16 H, enacti.ig, that a jui'ifijiiienl-creditor, and gives the debtor a right to redeem, when execution was levied upon the within twenty dav-s by paying the debt. In g .ds of a debtor. hould take them at 1711, a statute was made, containing in appraisal. In (685, the sheriff was an- substance, the provisions of the present thorised to sell the goods taken on exe- law. 58 Title 2. Action* Civil. To be rewmi- SKCT . 77. i t s h a ll be the duty of the officer to cause such execution, with his proper indorsement thereon, of such appraisal, and his proceedings, to be recorded at length, in the records of the town-clerk, where the laud* or real estate lie ; and he shall have thirty-four cents for causing the same to be recorded, with additional fees for his travel : and he shall then return such execution into the office of the clerk of the court from whence it issued, there to be kept on file. And all executions served, re- turned, and recorded as aforesaid, shall vest all the title of the debtor, in the creditor, his heirs and assigns. When county SECT. 78. When the sheriff of any county shall receive recUxecution executions from the treasurer of the state, against the in- to indifferent habitants of any town or towns, for the arrears of public persons, taxes, and shall levy the same on the estate of such in- habitants, or any part of them, and take their receipts for such estate, to be delivered at the place of sale, accord- ing to law, and on the failure of the delivery of such estate, shall obtain judgment and execution thereon, against the inhabitants of such towns, or any part of them, the judges of the county court, in the county where the parties belong, may, at the request of the sheriff, depute and empower some suitable and indifferent person, to serve and return such executions : which persons, deput- ed as aforesaid, shall have the same power and authority, in serving such executions, as sheriffs by law have. And such sheriff shall be responsible for any neglect or de- fault of every person, deputed at his request as aforesaid, in the same manner as for his deputies. When execu- SECT. 79. When the body of any person is attached, f" mUS h be and for want of bail, is committed to prison, the person oTdebtor * so committed shall not be holden in prison, by virtue of committed to such commitment, for a longer time than five days after prison. the rising of the court in which final judgment shall be rendered ; and in case no execution shall be taken out. and levied upon the person of such imprisoned debtor, within five days as aforesaid, the keeper of the gaol, upon his fees being paid, may not hold such prisoner any longer, by virtue of such commitment. Levy of exe- SECT. 80. The levy of executions on the rights or cution on shares, which any person owns in the stock of any bank, stock of incor- insurance company, turnpike company, or other corpora- panics. ( Q tion > together with the interest, rent and profits due and growing due thereon, shall be, by leaving a true and attest- ed copy thereof with the cashier, secretary or clerk, with an attested certificate, by the officer making such levy, that he levies upon and takes such rights or shares, to satisfy such execution ; and thereupon such officer shall post the same according to law, and, as in other cases,, Title 3. Arbitration. 59 shall, at vendue, sell the same, together with such inter- gh ares to be ests, rents andprofits, or so many thereof, as shall besuffi- sold at auc- cient to satisfy such execution, or so much thereof as tion - uch rights or shares may produce ; and such officer shall Officer to thereupon give to the purchaser, an instrument in writ- transfer ing, conveying to him such rights or shares ; and shall j^'cop of also leave with such cashier, secretary or clerk, a true exerutionf&c. and attested copy of the execution, and of his return with cashier, thereon ; and the purchaser shall thereupon be entitled &c ' to all dividends and stock, and to the same privileges, as a member of such company or corporation, as such debtor was entitled to. And whenever any proper offi- cer shall, with a writ of attachment or execution, apply to such cashier, secretary or clerk, for the purpose of so Cashier, &c. attaching or levying upon such rights or shares, the " off^*} cashier, secretary or clerk shall furnish him with a cer- furnish a cer- tificate, under his hand, in his official capacity, ascertaining tifirate of de- the number of rights or shares the defendant holds in the JJjJe" *& c stock of such bank, company or corporation, with the in- cumbrances thereon, if any there be, and the amount of the dividends thereon due. TITLE 3. Arbitration. An Act authorising submissions to Arbitration to be made rules of court. 1 "R E it enacted by the Senate and House of Rep - fijl resentatives, in General Assembly convened, That all persons desiring to end any dispute or contro- versy, by arbitration, may agree, that their submission to arbitrators shall be made a rule of the superior court, or of any of the county courts, or city courts, and may in- sert their agreement in the submission, or in the condition of the bond or promise ; and on producing an affidavit of such agreement, and filing it in court, the same shall be _ . . entered of record ; and a rule of court shall thereupon m'ad'e'ti'rule be made, that the parties shall submit to, and be finally of court. concluded by, such arbitration : or such persons, desiring to end a controversy as aforesaid, may personally appear before the superior court, or any county court, or city court, and acknowledge, that they have mutually agreed to refer all their matters of difference, or any particular dispute, to the arbitrament of certain persons by them agreed on, and named ; and on their desiring such sub- mission to be made a rule of court, the same may be en- tered of record, and a rule of court shall thereupon be made, that the parties shall submit to, and finally be con- 60 Title 4. Auction. eluded by, such arbitration : and in either of the above cases, the award of the arbitrators being returned into Judsrment on court, and accepted by the same, judgment shall be ren- award. dered thereon, for the party in whose favor the award is made, to recover the sum awarded to be paid to him. with additional costs, and execution shall be granted accord- ingly, if the party against whom the award is made, shall neglect or refuse to perform the same. Reference of SECT. 2. When any personal action shall be pending in fn ' ^courT 1 " court ' ^ tile P arties desire to refer the same to arbitration, each may choose one person to be an arbitrator, and the court may appoint a third ; and the award of such arbi- trators, returned into court, and accepted, shall be an end of such controversy, and judgment shall be rendered pursuant to the same, and execution granted thereon, with cost. Witnesses be- SECT. 3. When disputes shall be submitted to arbitra- fore arbitra- tion, by act of the parties, or rule of court, the necessary witnesses may be summoned, and sworn, and shall be re- sponsible to the parties for refusing to attend, as in trials at law ; and if guilty of false swearing, shall be punisha- ble in the same manner as for perjury. TITLE 4. Auction. An Act imposing a duty on sales at auction, in certain cases. T) E it enacted by the Senate and House of Rep- \J resentatives in General Assembly convened, Duty of two That there shall be levied, and collected, and paid for the sv^s at^auc- use ^ * n ' s s ^ a * e ' u P on a ^ sa ^ es D 7 wa > of auction, of goods, tion of foreign wares, or merchandize, of foreign growth, produce, or man- goods, ufacture, two per cent, ofthe purchase money,arising by sale at auction, of suchgoods, wares, or merchandize, to be paid by the auctioneer, or person making such sales at auction, out of the monies arising from each and every such sale, to the clerk of the civil authority of the town in which Limitation- such sales are made : Provided always, that nothing in this act contained, shall extend to any sale or sales, by auction, of seal skins, or whale, or spermaceti, or ele- phant or fish oil, or fish or whale-bone, taken and import- ed by citizens of this state ; or of goods, wares, and mer- chandize, made pursuant to, or in execution of, any rule, order, decree, sentence, or judgment of any court ; or made in virtue, or by force of any law r , touching the col- lection of any tax or duty, either of this state or the Title 4. Auction. , 61 United States ; or the disposal of property, by auction, belonging either to this state, or the United States ; or made in consequence of any bankruptcy or insolvency, pursuant to any law concerning bankruptcies or insol- vencies ; or made in consequence of any general assign- ment of property and effects, for the benefit of creditors ; or made by, or on behalf of, any executor or administra- tor, or executors or administrators. SECT. 2. No person shall exercise the business of an Auctioneer of ,,. f j , foreign sjoods auctioneer, by the selling of any goods, wares, merchan- to be licensed, dize of foreign growth, produce, or manufacture, where- by the best and highest bidder is deemed to be the pur- chaser, unless such person shall have a licence therefor, from the civil authority of the town in which he intends to exercise said business, signed by the clerk of said board of civil authority, on pain of forfeiting to the treasury of this state, for every such sale, the sum of fifty dollars, to- P*r,alty for gether with the sums or duties payable, by this act, upon oti'tTiLnce!" the goods, wares, or merchandize so sold without licence : Provided however, that nothing herein contained, shall Limitation, be construed to require a licence for the sale at auction of any goods, chattels, or other thing, which by this act are not made liable to duty, or are exempted from duty. SECT. 3. The civil authority of the several towns in this Civil authori- state, are hereby authorized to grant a licence to exer- ^j^*** 11 cise the business of an auctioneer of goods, wares, and merchandize of foreign growth, produce, or manufacture, within their respective towns, to any inhabitant of this state, who shall apply for the same ; provided the person Applicant to so applying shall first give bond, with good surety, in the ?1 . v ? bond ' j j 11 f xi Wlth surety, sum of three hundred dollars, to the acceptance of the civil authority in the town in which he resides, payable to the treasurer of this state, conditioned that the person Condition of applying for such licence will duly pay to the clerk of Ovjnd> said board of civil authority, the duties imposed by this act, on or before the first Mondays of October, January, April and July, in each year, and shall, in all other re- spects, comply with the requirements of this act. And the clerk of any board of civil authority, shall be entitled to receive the sum of fifty cents, for every such licence Clerk's fee. by him signed, to be paid'by the person who applies for such licence. SECT. 4. Each person, licenced as aforesaid, shall Auctioneer to render, on oath, to the clerk of the civil authority, by render ae- whom his licence was granted, on the first Mondays of | c _ iunt( l uar October, January, April, and July, in each year, a true and particular account, in writing, of the monies, or sums, for which any goods, wares, or merchandize, made liable to duty by this act, have been sold, at every sale at auc- 62 Title 5. Bail. tion, by such person, and of the several articles, lots, and parcels, which shall have been sold, the price of each ar- ticle, lot, qr parcel, and by whom purchased, during the three months preceding. Clerks to pay SECT. 5. The clerks of the different boards of civil au- thestate' 68 t0 thoritv 3 who sha11 have received any duties on sales at treasurer, by auction, pursuant to the provisions of this act, shall annii' the 10th of ally, on or before the tenth of May, pay over the same to May annually. {ne treasurer of this state. Licence to be SECT. 6. No licence, granted by virtue of this act, shall valid for one b e O f an y validity, for any longer term than one year ^ eai from the date thereof. TITLES. Bail. An Act concerning Bail in civil actions. . T) E it enacted by the Senate and House of Rejj- ft^rescntalives in General Assembly convened, Bail, when to That it shall be the duty of sheriffs, deputy sheriffs, be taken. constables, and indifferent persons deputed to serve write of attachment, to take sufficient bail, when offered by any person by them arrested, or held in custody, on mesne pro- cess, in any civil action ; which bail shall be one or more substantial inhabitants of this state, of sufficient ability to respond the judgment that may be recovered in the ac- tion who shall become bound to such officer, in a suffi- cient sum. conditioned for the appearance of the person, so arrested, before the court to which the writ is returna- ble, and the person arrested shall thereupon be liberated from such arrest. And where the person so arrested shall be committed to gaol on mesne process, for want of bail, it shall be the duty of the sheriff having charge of the gaol, at any time before the session of the court, to which the writ is returnable, to take good and sufficient bail as aforesaid, when offered, for the appearance of such person before such court ; on which he shall be released from confine- ment in gaol. Defendant, ' SECT. 2. No defendant, whose person has been attach- when bailed, ed and let to bail, as aforesaid, shall be admitted to ap- may not plead p ear an d plead or defend in such action, until he hath in without soe- ' . r . . , , v . . ,. rial bail. " court given special bail, with sufficient sureties as afore- said, for his abiding final judgment in the cause, if the plaintiff require the same. When persons SECT. 3. When any defendant committed to gaol, foi committed to want of bail to the officer, shall remain confined therein gap! may be after the term to which the writ is returnable ; or where a defendant, committed to gaol for want of special bail. Title 5. Bail. Hii shall remain confined therein, after the session ol th< court, and the action shall be continued, it shall be the duty of the sheriff having charge of the gaol, to take bail, when offered, with sufficient sureties as aforesaid, for his abiding the final judgment that shall be rendered in the cause ; and thereupon such defendant shall be released from imprisonment. SECT. 4. In either of the cases aforesaid, every such when bail if surety or sureties, shall be obliged to satisfy the judgment liable - in case of the principal's avoidance, and a return of non est inventus on the execution ; unless such surety, on or before the time of entering up final judgment, shall bring the principal into court, and move to be discharged ; upon which the court shall order the keeper of the gaol to re- ceive him into custody, that his body may be taken on execution. . SECT. 5. And the party in whose favor the judgment g^t- 5 *" is given, may have a writ of scire-facias, or other proper action, on the bond against such surety or sureties, to re- cover the sum, for which judgment shall be rendered against the principal, with additional cost; provided such writ of srirc-faciaa, or other process on the bond, shall be taken out and served upon the surety or sureties, with- in twelve months after the rendering of such final judg- ment. And the surety, against whom such recovery is had, shall have his proper action for an indemnity against the principal. SECT. 6. It shall be the duty of the officer to assign the Officer to as- bail-boad to the plaintiff, on his request; and no action signbail-bond shall be maintained against the officer who took the bai], unless he shall have taken insufficient bail, or shall refuse to assign the bail-bond to the plaintiff, that he may have a remedy agreeably to this act. SECT. 7. And in case of bonds given for the prosccu- tion of any action or appeal, the surety or sureties, shall be liable to satisfy the cost that shall be recovered against bonds for pro- the principal, if it cannot be had out of his estate ; to be spt;ut 'n. recovered by a writ of scire-facias, or a proper action on the bond. And no security to prosecute an appeal, shall exonerate the special bail in the cause. SECT. 8. In all cas-.'s. where any person or persons, H eme dyof have executed a bull-bond, or entered into a recognizance bail against for the personal appearance of another, and such bail or principal, surety shall afterwards believe that his principal intends to abscond, such bail, or surety, on application to any jus- tice of the peace, in the county in which such principal resides, and producing his bail-bond, or evidence of his ul or surety, arid verityingthe reason of his applica- tion, by oath or otherwise, it shall be the duty of such ju?- 64 Title 6. Banks. Mittimus to tice forthwith to grant a mittimus, directed to the sheriff, his deputy, or constable, or indifferent person of the coun- ty in which such application shall be made, commanding such officer or indifferent person, forthwith to arrest such principal, and him commit to the keeper of the common gaol in such county, who is hereby authorised to receive such principal, and him retain in gaol, until discharged by due order of law. TITLE 6. Banks. CHAP. I. An Act to incorporate the Hartford Bank. B IE it enacted by the Senate and House of Representatives, in General Assembly con- vened, That the stockholders of the Hartford Bank, their successors and assigns, shall be and remain a corporation and body politic, by the name and style of the " Presi- dent, Directors, and Company of the Hartford Bank" General pow- an< l by that name shall be and are hereby made capable, en - in law, to have, purchase, receive, possess, and enjoy, to them and their successors, all kinds of real and personal estate, and the same to sell, grant, demise, and dispose of: to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, in all courts : and also to have, make, and use a common seal, and the same to break, alter, and renew at pleasure : and to or- v dain, establish, and execute such by-laws, ordinances, and regulations, as shall be deemed necessary and con- venient, for the well ordering and government of the said corporation, not being contrary to their charter, or the laws of this state, or of the United States : and to do and execute all and singular acts, matters, and things, which to them shall appertain, subject to the rules, restrictions, and provisions herein after prescribed. Capital stock. SECT . 2 . The capital stock of said bank shall consist of one million of dollars, to be divided into ten thousand shares, each share being one hundred dollars ; together with such shares as have been, or shall be. subscribed by the state of Connecticut, and by religious societies. Right to vote. The stockholders, in the choice of directors, or any other business respecting the institution, shall be enti- tled to as many votes as they have shares in the bank ; and may vote by themselves, or agents, duly appoint- ed : but no share shall give a stockholder a right to vote, unless he has been a legal proprietor at least three Title 6. Banks. 65 calendar months before the day of the general meeting, at which he claims a right to vote. The stock or shares Stock assign- shall be assignable, according to such rules as shall be able - prescribed by the stockholders of the bank. SECT. 3. There shall be an annual meeting of the Appointment stockholders, in the city of Hartford, on the second Thursday in June, who, by a ma,or vote, shall choose nine directors by ballot, all of whom shall be stock- holders ; not less than two thirds shall be resident in the city of Hartford : not more than three fourths of the directors, shall be eligible to office the next succeeding year, except the president, who may, at any election, be chosen a director. In case of the death, or resignation of Vacancies, a director, his place may be filled by a new choice, for how supplied, the remainder of the year ; if a majority of the directors, judge it necessary. All elections of directors, shall be by Mo( j e of ele<> ballot ; and the nine persons, who shall have, at any elec- tion. tion, the greatest number of votes, shall be declared to be duly elected. Public notice shall be given, by order N . of the directors, twenty days previous to holding an elec- tion, or general meeting of the stockholders, in a news- paper, published in the city of Hartford, and in such other places as the directors shall judge necessary. The directors, at the first meeting after their election, shall Pre?ident,how choose one of their number for a president. On the chosea - death, or resignation of the president, the directors may choose one of their number to be his successor, for the remainder of the year. Not less than three directors shall constitute a board for transacting business, of whom the presidept shall always be one, except in case of sick- ness, or necessary absence, in which case the directors present shall supply his place, by electing one of their number, as president for the occasion. SECT. 4. The directors shall have power to appoint a Director* to cashier, and such clerks, officers, and servants as they app '"* ffi- shall judge necessary, for executing the business of the ce " ' bank ; and to allow them such compensation for their ser- fi . x c mpensa- vice, as they shall judge reasonable ; and shall be capable lon< of executing such other powers, for the well ordering and government of the bank, as shall be determined by the regulations of. the stockholders: but no director shall be allowed any emolument, unless the same shall be or- ^VtTdireT" dered by the stockholders, at a general meeting; ex- tors, except cept the president, who shall receive such compensation to president. for his extra attention at the bank, as the directors shall judge reasonable. Every cashier, treasurer, or clerk, Officers to give employed in said bank, shall, before he enters upon the on 9 ' duties of his oince, give bond, with two or more sureties, to the satisfaction of the directors, in such sum as they 9 66 Title 6. Banks. shall judge sufficient, conditioned for the faithful dis- charge of his trust. Directors to SECT. 5. The directors, by a majority of votes, shall manage the determine the manner of doing business, and the rules to be pursued ; shall dispose of and manage the money and credits of the bank, for the interest ot the proprietors ; and shall, from time to time, at least once in every six to make divi- months, make such dividend of the profits as they shall think proper : provided, that they shall, in no instance, do any act contrary to the regulations of the stockhold- ers. And the directors shall, annually, at the expiration to state ac- of their appointment, make, and exhibit before the gen<- counts. era j mee ti ri g O f t} le stockholders, for their information, a statement of the debts which remain unpaid, after the expiration of the original credits, and the surplus of profit, if any be, after deducting expenses, losses and dividends. Limitation of SECT. 6. The bank shall not trade in any thing, except business ; ^JUs Q f exc h a nge, gold or silver bullion, or in the sale of goods, pledged for money lent, and not redeemed in due time ; or in lands necessarily taken for security of debts, previously contracted. They shall not take more than six of premium, percent premium on loans, nor issue bills or notes, to an amount exceeding, in the whole, fifty per cent, over and above the capital stock and deposits. The directors shall have power to vest in the funds of the United States, so much of the capital stock of the bank, as they shall judge expedient, and for the benefit of the institution. Bills signed by SECT. 7. The bills or notes, issued by the bank, signed the president, by fa e president, and countersigned by the cashier or the bank" ?0n treasurer, promising the payment of money, to any person or order, or to bearer, shall be obligatory on the bank, and payable on demand, and shall be negotiable according to the custom of merchants, and the laws relating to inland Notes assign- foiH s o f exchange : and all negotiable notes, duly execut- bank; 10 ^ e( *' mav ^ e indorsed to the bank, in the same manner, and on the same principles as to individuals, and the bank may maintain suits thereon, for the recovery of the money. for^choT 11 SECT. 8. The bank shall, at all times, be open, to funds, &c. the subscription of shares in their stock, from the funds of schools, ecclesiastical societies, and incorporations for charitable purposes in this state, without any ad- vance thereon ; and such schools, ecclesiastical societies, and charitable institutions, may, at any time, withdraw their money from the bank, on giving six months' notice to the directors. And whenever their stock shall amount to fifty thousand dollars, they may, at any annual meeting of the stockholders, for the choice of directors, choose a director of said bank, who shall continue in office the Title 6. Banks. f>7 aame length of time, with the other directors : and such subscriptions shall be over and above the capital stock of the bank. CHAP. II. An Act to incorporate the Union Bank, in New- "'* London. "|3 E it enacted by the Senate and House of Rcp- JJ Ktsentatives in General Assembly convened, That the stockholders in the Union Bank, in New-Lon- don, their successors and assigns, shall be and remain, and they are hereby created a corporation, and body poli- tic, by the name and style of " The President. Directors, Name of cor. and Company of the Union Bank in New-London," and ^oration, shall be, and by that name are made capable in law to purchase and hold all kinds of estate, real and personal, ^ pow and the same to sell, dispose of, and convey ; to sue and be sued, plead and be impleaded, defend and be defend- ed, in all courts whatever ; to have and make a common seal, and the same to break, alter, and renew at pleas- ure ; and to ordain, establish, and put in execution such by-laws, ordinances and regulations, as to them shall seem necessary, for the well ordering of the affairs of said cor- poration, not contrary to their charter, the laws of the state, or of the United States ; and, generally, to execute all and singular acts, matters and things, which to them shall appertain,- subject to the rules, limitations and re- strictions hereinafter provided. SECT. 2. The capital stock of the bank shall consist of Capital stock, not less than fifty thousand, nor more than one hundred thousand dollars, divided into shares of one hundred dol- lars each. And the stockholders, in a general meeting, may hereafter, if they judge the increase of trade to re- quire it, open a new subscription, and enlarge the cap- ital stock, to such an amount as they shall deem expedient and necessary, not exceeding the sum of five hundred thousand dollars. SECT. 3. The affairs of the bank, as to transfers, or Director*, other matters, not herein regulated, shall be under the management of thirteen directors : and there shall be an- nually, on the first Thursday in June, at a general meet- ing of the stockholders, a choice of directors, to serve for one year; and the directors, at their first meeting, after their election, shall choose one of their number president. SECT. 4. The number of votes to which each stockholder Votes of shall be entitled, shall be according to the number of shares stockholder* , 68 Title 6. Banks. he shall hold, in the proportion following : for one share, and not more than two shares, one vote ; for every two shares ahove two shares, and not more than ten snares, one vote ; for every four shares above ten shares, and not exceeding thirty shares, one vote ; and for every six shares above thirty shares, one vote : no person, co-partnership, or body politic shall be entitled to a greater number than twenty votes : stockholders, actually resident in this state, and none others, may vote in elections, personally, or by proxy, and be eligible as directors. General meet- SECT. 5. One fourth part of the stockholders, or more, ing of stock- being proprietors of two hundred shares, at least, shall holders, how nave power, at any time, to call a general meeting of the stockholders, giving at least a week's notice, in the public gazette of the place where the bank is kept, and speci- fying in such notice the object of the meeting. SECT. 6. No director shall be entitled to any emolu- ment f r hi g attendance on the business of the bank, un- tors. less the same shall have been allowed by the stockholders Compensation at a general meeting ; and they shall make such compen- of president, sation to the president, for his extraordinary attendance at the bank, as shall appear to them to be reasonable. Board. Not less than three directors shall constitute a board for the transaction of business ; and in case of the death, re- signation, or removal of a director, by the stockholders, his place maybe filled, by a new choice, for the remainder Dividends. f * ne year. Yearly dividends shall be made of so much of the profits of the bank, as shall appear to the directors advisable ; and the state of the bank shall be made known to the stockholders, by the directors, whenever they are thereto required. Bills issued b SECT. 7. Bills or notes, issued by the bank, signed by the the bank 6 : y president, and countersigned by the cashier or treasurer, promising the payment of money to any person, or order, or to bearer, shall be obligatory on said corporation, and shall be assignable according to the custom of merchants, and the laws relating to inland bills of exchange : and thebank t0 a11 ne g otiable notes 5 dul J executed, may be indorsed to the bank, in the same manner, and upon the same princi- ples as to individuals ; and the bank may maintain suits thereon to recover the money. Business. SECT. 8. The capital of the company shall not be employed otherwise, than in the ordinary course of bank- ing business ; and the bank shall not take more than at the rate of six per cent per annum, upon its loans or dis- Limitation of counts. The total amount of debts, which the corpora- debts, tion shall at any time owe, whether by bond, bill or note, shall not exceed fifty percent over and above the capital stock of said bank, and beyond the amount of the mo- Title 6. Banks. 69 nies at any time actually deposited in the bank for safe keeping : and all notes issued by the bank, shall be paid at the bank in silver or gold coin. SECT. 9. The stockholders of the bank, at a general Enlargement meeting, may hereafter, if they judge the increase of of capital trade requires it, open a new subscription, and enlarge the stocl - capital stock of said bank, to such amount as they shall deem expedient and necessary, not exceeding the sum of five hundred thousand dollars. CHAP. III. An Act to incorporate the New-Haven Bank. E it enacted by the Senate and House of Rep- resentatives in General Assembly convened, That the stockholders of the New-Haven Bank, their successors arid assigns, shall be and remain a corpora- Name, tion andbody politic, by the name and style of" The Pres- ident, Directors and Company of the New-Haven Bank," and by that name shall be and are hereby made capable to have, purchase, receive, possess and enjoy, all kinds of estate, real and personal, and the same to sell, grant, and alien ; to sue and be sued, plead and be impleaded, vtti pow " defend and be defended, in all writs ; to have and use a common seal, and the same to alter, break, or renew at pleasure; and to ordain, and put in execution, such by- laws and regulations as shall be deemed necessary and convenient, for -the well ordering and government of said corporation, not contrary to this charter, the laws of the state, or of the United States ; and to do and execute all and singular acts, matters, and things, which to them shall appertain to do, subject to the rules and restric- tions hereinafter prescribed. SECT. 2. The capital stock of said bank shall consist Capital stock- of not less than fifty thousand, nor more than four hun- dred thousand dollars, to be divided into shares of two hundred dollars each. No person, co-partnership, or body politic, shall hold more than sixty shares. The stock or shares shall be assignable, according to such Assignable, rules as shall be instituted by the bank. The number of votes each stockholder shall be entitled to, in the choice Method of vo- of directors, or any other business respecting the institu- tin &- tion, shall be according to the number of shares he shall hold : and all stockholders shall be enitled to vote, by themselves, or by their agents duly appointed. SECT. 3. And for the well ordering of the affairs of the Directorshow corporation, there shall be nine directors chosen on the chosen 5 70 Title 6. Banks. to choose president. Notice of meetings. Directors may appoint offi- who shall give bonds. Their general powers ; shall receive no compensa- tion. Three to con- stitute a hoard. Directors to determine manner of do- ing business ; to make divi- dends; and first Thursday of July annually, by the greatest number of votes given by the stockholders of the bank, at a gen- eral meeting ; who shall be capable of serving till the expiration of the first Thursday of July next ensuing the election ; and the directors, at their first meeting, after such election, shall choose one of their number for a President. None but stockholders shall be eligible as irectors ; and not less than two thirds of the directors shall be actually resident in the city of New-Haven. Not more than three fourths of the directors in office, exclu- sive of the president, shall be eligible as directors the next succeeding year : but the director who shall be president at any election, may always be elected a director. In case of the death or resignation of a director, his place may be filled by a new choice for the remainder of the year, if a majority of the directors judge it necessary. Public notice shall be given, by order of the directors, twenty days previous to holding an election or general meeting of the stockholders, in a newspaper published in the city of New-Haven, and in such other places as the directors shall judge necessary. SECT. 4. The directors, for the time being, shall have power to appoint such officers, clerks and servants as they shall judge necessary ; and every cashier, treasurer or clerk, employed in said bank, shall, before he enters on the duties of his office, give bond, with two or more sureties, to the satisfaction of the directors, in a sum not less than five thousand dollars for the cashier, and not less than one thousand for a clerk, conditioned for the faithful discharge of his trust. And the directors shall be capable of executing such other powers for the well ordering and governing of the bank, as shall be determin- ed by the regulations of the stockholders ; but no direc- tor shall receive any emolument, unless the same shall be ordered by the stockholders, at a general meeting ; except the president, who shall receive such compensa- tion for his extra attendance at the bank, as the directors shall judge reasonable. Not less than three directors shall constitute a board for transacting the business of the bank, of whom the president shall always be one, except in case of sickness or necessary absence ; in which case the directors present shall supply his place, by electing one of their own number, as president for the occasion. SECT. 5. The directors, by a majority of votes, shall determine the manner of doing business, and the rules to be prescribed ; shall dispose of, and manage the money and credits of the bank, for the interest of the proprietors ; and shall, once in six months, make such dividends of the profits as they shall think proper : provided, that thej Titled. Banks. 71 shall, in no instance, do any act contrary to the regula- tions of the stockholders : and the directors shall, once in two years, lay before the general meeting of the stock- statement of holders, for their information, a statement of the debts debts. which shall remain unpaid after the expiration of the ori- ginal credits, and the surplus of profits, if any be, after deducting losses and dividends. SECT. 6. The corporation shall not trade in any thing Limitation of except bills of exchange, gold or silver bullion, or in sale trade - of goods, pledged for money lent, and not redeemed in due time, or in lands taken for debts previously contract- ed ; nor take more than at the rate of six per cent per annum for or upon its loans. SECT. 7. The bills or notes issued by the bank, signed Mode of issu by the president, and countersigned by the cashier, prom- ID? ! 8> ising the payment of money to any person, or order, or to bearer, shall be obligatory on the bank, and payable on demand, and be assignable according to the custom of merchants, and the laws relating to inland bills of ex- change. And all negotiable notes, duly executed, may Notes indors- be indorsed to the bank, in the same manner, and on the ed to the same principles as to individuals, and the bank may ' maintain suits thereon to recover the money. This act shall be subject to be revoked, or altered, at Revocable, the pleasure of the general assembly. CHAP. IV. An Act to incorporate the Middletown Bank. - l[fc E it enacted by the Senate and House, of Rep - f^resentatives in General Assembly convened, That the stockholders of the Middletown Bank establish- ed at Middletown, their successors and assigns, shall be and remain a corporation and body politic, by the name of the " President, Directors, and Company of the Mid- Name. dletown Bank?"* and by that name shall be capable to General pow- have, purchase and enjoy all kinds of estate, real and per- ers. sonal, and the same to demise, alien, or dispose of ; to sue and be sued in all courts ; to make, have, and use a common seal, and the same to break, alter, and renew at pleasure ; and to establish and put in execution such by- laws, ordinances and regulations, as may be deemed ex- pedient for the well-ordering of the concerns of said corporation, not contrary to their charter, the laws of the state, or of the United States : and, generally, to do and execute all such matters and things as to them shall ap- pertain, subject to the regulations hereinafter prescribed. 72 Title 6. Banks. How stock- holders may vote. Stock assign- able. Affairs of bank, how managed. Capital stock. SECT * 2 ' The ca P ital stock of the bank shall consist of five hundred thousand dollars, divided into shares of one hundred dollars each. The stockholders in any meeting, shall be entitled to as many votes, as they have shares in the bank, and may vote by themselves, or agents duly appointed. The stock or shares shall be assignable according to such rules as shall be prescribed by the stockholders of the bank. SECT. 3. The affairs of the bank, shall be under the government of eleven directors, who shall be elected on the first Thursday of January annually, by a majority of votes given in by the stockholders at a general meeting : Directors,how a ll elections for directors shall be by ballot : and twenty days previous to an election, or general meeting, public notice thereof shall be given, by order of the directors, in a newspaper published in Middletown, and in such other place or places as shall be judged expedient by the directors ; and the directors, at their first meeting after each election, shall choose one of their number for pre- sident. None but stockholders shall be eligible as direc- Whoareeligi- tors: not less than two thirds of the directors shall be We- actually resident in Middletown : nor shall more than three fourths of the directors in office, exclusive of the president, be eligible as directors the next succeeding year : but the director, who is president at any election, may always be elected a director ; and in case of the death or resignation of any director, his place may be supplied by a new choice, for the remainder of the year, if a majority of the directors judge it expedient ; and in case of the death or resignation of the president, his place shall be supplied by a new choice for the remainder of the year. Not less than three directors shall constitute a board for the transaction of business ; and no director shall be entitled to any emolument for his attendance on the business of the bank, unless the same shall have been allowed by the stockholders at a general meeting, except the president, who shall receive such compensation, for his extraordinaoy attendance at the bank, as the directors shall judge to be reasonable. SECT. 4. Every cashier, treasurer, or clerk, employ- ed in the bank, shall, before entering on the duties of his to give bonds, office, give bond, with two or more sureties, to the satisfac- tion of the directors, in such sum as they shall order, con- ditioned for the faithful discharge of his trust. SECT. 5. Dividends shall be made, at least once a year, of so much of the profits of the bank, as shall appear advisable to the directors ; and whenever thereto requir- ed, they shall make known the state of the bank to the stockholders, at a general meeting. Vacancies supplied. Board of di- rectors. Cashier, &c. Dividends. Titled Banks. 73 SECT. 6. The capital stock of the bank shall not be Limitation of employed otherwise, than in the usual course of banking busin 88 - business : nor shall there be taken more than at the rate of six per cent per annum, for and upon its loans, or dis- counts. The debts, whether by bond, bill or note, shall not at any tinve exceed fifty per cent, over and above the amount of its capital stock, and of the monies actually deposited in the bank for safe keeping. The stockhold- ers, at a general meeting, may, at their discretion, order a part, not exceeding one half of the stock, to be vested in the funded debt of the United States; estimating at par, that part of the debt which bears an accruing interest of six percent per annum. SECT. 7. The bills or notes issued by the bank, sign- Bills issued ed by the president, and countersigned by the cashier, by the bank promising the payment of money to any person or or- der, or to bearer, shall be obligatory on the bank, and payable on demand ; and shall be negotiable, according to the custom of merchants, and the laws relating to in- land bills of exchange. And all negotiable notes, duly ex- ecuted, may be indorsed to the bank, in the same manner, and on the same principles as to individuals ; and the bank may bring suits thereon to recover the money. SECT. 8. The directors of the bank, shall have power ^ a cd . uc . ti f to reduce the capital stock to a sum not less than two capl a hundred and fifty thousand dollars, exclusive of what is, or may be invested therein by the state, and to adopt such measures for effecting the same as the interest of the bank and the public may require : provided, that such reduction shall not exceed fifty thousand dollars in any one year. SECT. 9. This act may be repealed or altered by the Revocable, general assembly, when it shall be judged expedient. CHAP. V. An Act to incorporate the Norwich Bank. T> E it enacted by the Senate and House of Rep- CT * ' \Mre.sentatiries, in General Assembly convened, That the stockholders of the Norwich Bank, their suc- cessors and assigns, be. and they are hereby made, consti- tuted and created, a corporation and body politic, by the name and style of " The President, Directors, and Com- Name of cor- pany of the Norwich Bank," and by that name shall be, poration. andarehereby made capable in law, to purchase and hold, General pow- all kinds of estate, real and personal, and the same to ers - manage, sell, dispose of and convey ; to sue and be sued : 10 74 Title 6. Banks. Capital stock* Directors. plead and be impleaded, defend and be defended, in any court whatever ; to make and have a common seal, and the same to alter, break and renew at pleasure ; to ordain, establish, and put in execution such by-laws, ordinances and regulations, as to them shall seem necessary, for the well ordering of the affairs of the corporation, not con- trary to their charter, the laws of the state, or of the United States ; and generally, to do and execute all and singular acts, matters and things, which to them shall appertain, subject to the rules, limitations, and restrictions, herein- after provided. SECT. 2. The capital of said bank shall consist of not less than seventy-five thousand, nor more than two hun- dred thousand dollars, to be divided into shares, of one hundred dollars each. SECT. 3. The affairs of the bank, as to transfers and other matters, not herein regulated, shall be under the management of thirteen directors, who shall be annually chosen, on the third Monday of June, at a general meet- ing of the stockholders, to serve one year from their elec- tion ; and in case of the death or resignation of any di- rector, the other directors may choose a person, being a stockholder, to fill his place ; which appointment shall continue till the next annual meeting ; and the directors, at the first meeting after their election, shall choose one of their number president, who shall hold his office till the then next annual meeting. SECT. 4. The number of votes to which each stock- holder shall be entitled, shall be according to the num- ber of shares he shall hold, in the proportion following, to wit : For one share, and not more than two shares, one vote ; for every two shares above two shares, and not exceeding ten shares, one vote ; for every four shares above ten shares, and not exceeding thirty shares, one vote ; for every six shares above thirty shares, one vote. No person, co-partnership, or body politic, shall be entitled to a greater number than twenty votes : stock- holders actually resident in this state, and none others, may vote in elections, personally or by proxy, or be eligi- ble as directors. SECT. 5. One fourth part of the stockholders, or more, being proprietors of at least two hundred shares, shall have power, at any time, to call a general meeting of the stockholders, for the purposes relative to the institution, giving at least one week's notice in the public gazette of the place where the bank is kept, and specifying in such notice the object of the meeting. Com nsation SECT - 6 No director shall be entitled to any emolu- ment for his attendance on the business of the bank, unless the same shall have been allowed by the stock - President. Voting. General meet- ings, how called. Title 6. Banks. 75 holders at a general meeting ; and they shall make such compensation to the president, for his extraordinary at- tendance at the bank, as shall appear to them reasonable. Not less than three directors, shall constitute a board, for the transaction of business. Yearly or half yearly divi- Diyjdendi dends shall be made, of so much of the profits of the bank, as shall appear to the directors advisable ; and the state of the bank, shall be made known to the stockholders, by the directors, at a general meeting, whenever they are there- to required. SECT. 7. The bills or notes issued by the bank, signed Bills and notes by the president, and countersigned by the cashier, or f the bank. treasurer thereof, promising the payment of money to any person or order, or to bearer, shall de obligatory on the bank, and shall be assignable according to the custom of merchants, and the laws relative to inland bills of ex- change. And all negotiable notes, duly executed, may Notes indors- be indorsed to the bank, in the same manner, and on the ed to the ban ^- same principles, as to individuals, and the bank may maintain suits thereon, to recover the money. The cap- ital stock of the company shall not be employed other- Buginegg wise, than in the ordinary course of banking business ; and the bank shall not take more than at the rate of six per cent per annum, upon its loans or discounts. SECT. 8. The total amount of the debts which the said D , corporation shall at any time owe, shall not exceed fifty b^k? per cent, over and above the capital stock of the bank, and beyond the amount of the monies at any time depos- ited in the bank for safe keeping. And all notes issued by the bank, shall be paid at the bank, on demand, in sil- ver or gold coin. SECT. 9. This act, or any part thereof, maybe altered or Revocable, repealed, at the pleasure of the general assembly. CHAP. VI. An Act to incorporate the Bridgeport Bank. 1 T^^ ^ enacte dty the Senate and House ofRep- Lj resentatives in General Assembly convened, That the stockholders of the Bridgeport Bank, their suc- cessors and assigns, shall be and remain a corporation and body politic, at the borough of Bridgeport, by the name of the " President, Directors, and Company of the Name of cor- Bridgcport Bank," and by that name shall be, and are poration. hereby made capable, to have, purchase, receive, pos- General pow- sess, and enjoy, to them and their successors, all kinds of en. real and personal estate, and the same to sell, grant, demise, and dispose of at pleasure ; to sue and be sued, plead and 76 Title 6. Banks. Capita) stock. .Each share entitled to a rote. Stock assigna- ble. Number of di- rector? and how chosen. To choose president. Who may be elected. \\ here to re- side. Three to con- stitute a board. be impleaded, answer and be answered, defend and be defended, in all courts ; and also to have, make, and use a common seal, and the same to break, alter, and renew at pleasure ; and to ordain, establish, and execute such by-laws, ordinances, and regulations, as shall be deemed necessary and convenient, for the well ordering and government of said corporation, not contrary to the laws of the United States, or of this state ; and to do and exe- cute all and singular acts, and things, and to transact all business, which to them shall appertain, sub-ect to the restrictions and provisions herein after prescribed. SECT. 2. The capital stock of said bank shall consist ofnot less than fifty thousand dollars, normore than two hundred thousand dollars, divided into shares of two hundred dol- lars each. Any person, co-partnership, or body pol- itic, may hold any number of shares : and each share shall entitle the holder thereof to a vote in the meetings of the stockholder's of the bank, for transacting the busi- ness thereof: and each stockholder may vote in person, or by agent, duly appointed, according to his number of shares. The stock, or shares, shall be assignable ac- cording to such rules as shall be prescribed by the stock- holders of the bank. SECT. 3. And for the well ordering the affairs of said corporation, there shall be nine directors chosen on the first Wednesday of July, annually, by a majority of votes given in by the stockholders of said bank, at a general meeting : ahd those who shall be duly chosen at an elec- tion, shall be capable of serving as directors until the ex- piration of the first Wednesday in July, next ensuing such election ; and the directors, at their first meeting, after such election, shall choose one of their number for pres- ident. And in case of the death, resignation, or remov- al of a director, or president, his place may be supplied by a new choice, for the remainder of the year : and all elections for president and directors, shall be by bal- lot. None but stockholders shall be eligible as directors, and not less than two thirds of the directors shall be ac- tually resident in the county of Fairfield, and not less than four of said directors shall be resident in said bor- ough of Bridgeport : nor shall more than three fourths of the directors in office, exclusive of the president, be eli- gible as directors by the stockholders, the next succeed- ing year ; but the director, who shall be president at any election, may always be elected a director : and not less than three directors shall constitute a board for business, of whom tbe president shall always be one, except in case of sickness, or necessary absence, in which case the di- rectors shall supply his place, by electing one of their Title 6. Banks. 77 number as president for the occasion: and no director Norotnpen?a- shall be entitled to any emolument for his attendance on the business of the bank, unless the same shall have been allowed by the stockholders, at a general meeting, except the president, who shall receive such compensation for his extraordinary attendance on the business of the bank, as the directors shall judge reasonable. SECT. 4. The directors, for the time being, shall have Directors to power to appoint such officers, clerks, and servants, as appoint offi- they shall judge necessary, for executing the business of ce ' the bank, and to allow them such compensation for their services as they shall judge reasonable ; and every cash- ier, treasurer, or clerk, employed in the bank, shall, be- fore entering on the duties of his office, give bond, with who shall give two or more sureties, to the satisfaction of the directors, bond. in such sum as they shall order, conditioned for the faith- ful discharge of his trust. SECT. 5. The directors, by a majority of votes, shall Duty of di- determine the manner of doing business, and the rules to rectors 5 be prescribed, and shall dispose of and manage the mon- ey and credits of the bank, for the benefit of the proprie- tors, and shall, once in six months, make such dividends to make divi- of the profits as they shall think proper : provided they dends - shall, in no instance, do any act contrary to the regula- tions of the stockholders; and the directors shall, annual- Annual state- ly, lay before the stockholders a statement of the con- meat, cerns of the bank. SECT. 6. The bank shall not trade in any thing except In what arti - bills of exchange, gold or silver bullion, foreign bank trade "^ notes, or in sale of goods pledged for money lent and not redeemed in due time, or in lands taken for debts pre- viously contracted, or on mortgage ; nor shall the bank take more than at the rate of six per cent per annum for or upon its loans. The total amount of the debts which Amount or the bank shall at anytime owe, whether by bond, bill, or debt8 not i 11 i //. i .1 more than nf- note, shall not exceed fifty per cent over and above the ty per cent on capital stock, and the amount of the money, or bullion capital. deposited in the bank for safe keeping ; and all notes is- sued at the bank shall be payable in gold or silver coin. SECT. 7. The bills or notes issued by the bank, signed Bil)s a "d by the president, and countersigned by the cashier, prom- J]JJ of lhe ising the payment of money to any person, or order, or to bearer, shall be obligatory on the bank and payable on demand ; and shall be negotiable according to the custom of merchants, and the laws relating to inland bills of ex- change. And all negotiable notes, duly executed, may be indorsed to the bank, in the same manner, and on the Notes same principles, as to individuals, and the bank may indorsed i maintain suits thereon for the recovery of the money. 1 Title 6. Banks. SECT. 8. This act shall be a public act, and liable to al- teration or repeal. CHAP. VII. An Act to incorporate the New-London Bank. . T3 E *' enacte d ty the Senate and House of 13 Representatives, in General Assembly con- vened, That the stockholders of the bank, established at New-London, their successors and assigns, shall be and re- main a corporation, and body politic, by the name of " The President. Directors, and Company of the New- London Bank," and by that name shall be capable in ^ aw * P urcnase ? an d bold all kinds of estate, real and personal, and the same to dispose of and alien, to sue and be sued, in all courts whatever ; to have and use a common seal, such as they may devise ; and to make and carry into effect, such by-laws as may be deemed expedient for the proper management of the affairs of the corporation, not repugnant to this act, the laws of this state, or of the United States ; and generally, to do and cause to be executed, all such acts and things ag to them may appertain, subject to the provisions herein contained. directors. SECT. 2. For well ordering the affairs of the corpora- tion, there shall be nine directors, who shall be elected annually, by the stockholders in general meeting. None but stockholders shall be eligible as directors ; and not less than two thirds of the directors shall be resident in President. New-London. At their first meeting after such election, the directors shall chose one of their number for presi- dent ; and when the place of president or director, shall become vacant, by resignation, or otherwise, the same may be supplied by the choice of the directors, for the remainder of the year. All elections for directors and president, shall be by ballot. Annual meet- SECT. 3. A general meeting of the stockholders, shall in$ of stock- jj e holden on the first Tuesday of July annually, when di- rectors shall be chosen. A general meeting may be called whenever the directors shall think proper ; and fif- teen days previous to any general meeting, whether stated or special, notice thereof shall be given in a newspaper, published in New-London, and in such other manner as the directors shall order. All stockholders shall be entitled to vote, at any general meeting, in person or by proxy : and oue vote shall be allowed for each share. Title 6. Banks. 79 SECT. 4. A board for the transaction of business Board of di- shall consist of not less than three directors : and no rector - director shall be entitled to any emolument for attend- ing to the duties of his office, except the president, who shall receive such compensation, as the board of direc- Compensa- tors may judge reasonable, for his extraordinary services. " A cashier, and such other officers and agents, as may be officers and requisite for performing the business of the bank, shall agents of the be appointed, and their compensation shall be regulated bank - by the board of directors, who may determine the secu- rities to be given by any of them, for the faithful per- formance of their trust. SECT. 5. The board of directors, shall have the dis- Powers of the posal, and management of the monies, credits and property of the corporation, with power to regulate the concerns thereof, in all cases not herein^ otherwise pro- vided for : but the capital stock of the bank, shall not be employed otherwise, than in the ordinary course of banking business : nor shall there be taken more than at the rate of six per cent per annum : and dividends of the profits shall be made semi-annuaily. The debts of the Debts of the corporation, whether by bill, bond, or note, shall not, at b j nk restrict- any time, exceed fifty per cent, over and above the total amount of the capital stock, and of the monies deposited in the bank for safe keeping : and all notes issued by the bank, shall be paid at the bank, on demand, in silver or gold coin. SECT. 6. The bills or notes of the corporation, signed Bills and notes by the president, and countersigned by the cashier or of the bank, treasurer thereof, promising the payment of money to any person or order, or to bearer, shall be obligatory on the corporation, according to the tenor thereot ; and shall be assignable according to the custom of merchants, and the law relative to inland bills of exchange. And all negotiable notes, duly executed, may be indorsed to the Notes i n a ors _ bank, in the same manner, and on the same principles as ed to the to individuals, and the bank may maintain suits thereon bank - to recover the money. \ SECT. 7. The capital stock of said bank shall consist c . at least of two thousand shares, of one hundred dollars each, which shall be transferable, according to such rules as shall be established by the directors. And the tockholders, in general meeting, may authorise the di- rectors to open new subscriptions for increasing the same, to such amount as they may deem expedient, not ex- ceeding five thousand shares : and after full payment of the original subscriptions, until the capital stock of said bank shall amount to five thousand shares, it shall be the duty of the board of directors, once in each year, to 80 Title 6. Banks. Subscriptions open subscriptions for three hundred shares, to be ad- ; r ar a e d g dltlonal ded to the capital stock of said bai.k, and the same to continue open for the space- of ninety days, after giving notice thereof in one or more of the newspapers, printed in this state, during which time subscriptions shall be received from the citizens of this state, who may become stockholders, upon paying upon each share, the sum of one hundred dollars, with an advance of four per cent, which advance shall be divided among the stockholders, according to the shares by them holden at the time of opening any such subscription. And the profits to be divided upon shares which may be so added to the capital stock, shall begin to accrue after the dividend to be made within the succeeding half year. If, at any time, more than three hundred shares shall be so sub- scribed. within the space of ninety days, the respective subscriptions, after allowing one share to each subscri- ber. shall be reduced, at the discretion of the directors, so as not to exceed the number of three hundred shares. to be added as aforesaid. And the board of directors are hereby authorised, in case they shall judge it expe- Swpension of to be paid from the funds of this state, or any of the ec- clesiastical societies, schools, or corporations for char- itable purposes, within this state ; but such shares shall not be transferable ; and the monies for such shares may, at any time, be withdrawn from the bank, on giving six months' notice to the board of directors. Whenever five hundred shares in the stock of said bank shall be holden as aforesaid, by the state, or such societies, schools and cor- porations, the holders thereof shall be entitled, at an an- nual meeting of the stockholders, to choose one director of said bank, who shall continue in office in like man- ner as other directors : and in making such choice of a director, one vote shall be allowed for each- share so hol- den ; but no other vote shall be allowed on account of such shares, in a general meeting of the stockholders. SECT. 11. This act, or any part thereof, may, at any Power of r*> time, be altered, amended, or repealed, by the general roc * tlon - assembly. CHAP. IX. An Act to incorporate the Eagle Bank. . 1TJ E it enacted by the Senate and House of Rep - MJresenlatives in General Assembly convened, That the stockholders of the Eagle Batik, their successors and assigns, shall be and remain a body politic and cor- porate, by the name of the " President, Directors, and Name of cor- Campany of the Eagle Bank of New-Hav*n and by * )on 84 Title 6. Banks. General pow- that name shall be capable in law to purchase and hold property, both real and personal, and the same to sell and com ey at pleasure ; to sue and be sued, in all courts whatev- er ; to have and use a common seal, such as they may devise j and to make and carry into effect, such by-laws and regu- lations, as shall be deemed expedient for the proper management of the affairs of the corporation, not repug- nant to their charter, the laws of the state, or of the United States : and, generally, to do and cause to be exe- cuted, all such acts and things as to them may appertain, subject to the provisions herein contained. Capital stock. SECT. 2. The capital stock of said bank shall consist of five thousand shares, of one hundred dollars each, which shall be transferable according to such rules as shall be established by the directors; together with such shares as have i>een, or shall be, subscribed by the state of Connecticut, the school fund, any college, ecclesiastic- al society, school, or corporation for charitable purposes. And whenever payment of the original subscription of five thousand shares has been made, the stockholders, at a Additional general meeting, may authorise the directors to open a subscriptions, new subscription, for such amount as they may deem ex- pedient, not exceeding two thousand five hundred shares : and it shall be the duty of the directors to present the said resolution to the next general assembly, who will ap- point commissioners to receive said additional subscrip- tion, in the same manner as the original subscription was made. Directors. SECT. 3. For the well ordering of the affairs of the bank, there shall be nine directors, who shall be elected annually, by the stockholders, in general meeting. None but stockholders shall be eligible as directors ; and not less than two thirds of the directors shall be resident in New-Haven. At their first meeting, after each election, President. the directors shall choose olie of their number for pre- sident ; and whenever the place of president or director shall be vacant, by resignation, or otherwise, the same maybe supplied, by the choice of the directors, for the re- mainder of the year. All elections for directors, or pre- sident, shall be by ballot. No person shall be eligible as director for more than three years out of four, except the president. Annual meet- SECT. 4. A general meeting of the stockholders, shall D S- be holden on the third Tuesday of July, annually, when the directors shall be chosen. A general meeting may be called when the board of directors shall think proper^ and fifteen days previous to any general meeting, whether stated, or special, notice thereof shall be given in a news- paper published in New-Haven, and in such other man- Title 6. Banks. 85 ner as the directors may order. All stockholders shall Voting, be entitled to vote at a general meeting, in person, or by proxy ; and one vote shall be allowed for each share : but no share or shares, shall give to any stockholder a right to vote, unless the same shall have stood in his name on the books of the bank, at least three months previous to the time of voting. SECT. 5. Not less than three directors shall constitute Board of di- a board for transacting the business of the bank, of which rectora. the president shall always be one, except in the case of sickness, or necessary absence, when the directors pres- ent shall supply his place, by electing one of their num- ber, as president for the occasion. No director shall be Compensa- entitled to any emolument for attending to the duties of tion ' his office, except the president, who shall receive such compensation as the board of directors shall judge rea- sonable, for his extraordinary service. SECT. 6. A cashier, and such other officers and agents, Officers and as shall be requisite, for performing the business of the a g ents - corporation, shall be appointed ; and their compensation shall be regulated by the board of directors, who may de- termine the securities to be given, by any of them, for the faithful performance of any of their trusts. SECT. 7. The board of directors shall have the disposal Powers of di- and management of the monies, credits, and property of the rectors - corporation, with power to regulate the concerns thereof, in all cases not herein otherwise provided for. But the Business re- corporation shall not trade in any thing, excepting bills of stricted. exchange, gold or silver bullion, or in the sale of goods, pledged for money lent, and not redeemed in due time ; or in lands necessarily taken for the security of debts, pre- viously contracted. Nor shall the corporation take more than at the rate of six per cent per annum premium, for or upon loans ; and dividends of such part of the profits as the directors may judge proper, shall be made semi-an- nually. The debts of the corporation, whether by bill, Debts re- bond, or note, shall not, at any time, exceed fifty per cent 6t " cte(1 - over and above the total amount of the capital stock actu- ally paid in, and of the monies deposited in the bank for safe keeping. SECT. 8." The bills or notes of the corporation, signed Bills and by the president, and countersigned by the cashier or notes of the treasurer thereof, promising the payment of money, to bank> any person or order, or to bearer, shall be obligatory on the corporation, according to the tenor thereof, and shall be assignable according to the custom of merchants, and the laws relating to inland bills of exchange. And all negotia- ble notes, duly executed, may be indorsed to the bank, in Notes indors- the same manner, and on the same principles, as to indi- edtothrbank. Title 6. Banks. Subscriptions from school hmd,3oc ties, From the state. Power of re- vocation. viduals, and the bank may maintain suits thereon, for the recovery of the money. SECT. 9. The bank shall be open, at all times, for sub- gcr iptions, at the rate of one hundred dollars for each gchoo j fund of thig funds of any college, ecclesiastical society, school, or cor- poration for charitable purposes, within this state : pro- vided, that shares so subscribed, shall not be transfera- ble, but may, at any time, be withdrawn, on giving six month's notice to the directors : and the shares so sub- scribed, and those subscribed by the state, shall never exceed the shares subscribed by individuals. SECT. 10. The state of Connecticut shall have right, at any time, to subscribe to said bank, at the rate of one hundred dollars for each share ; and whenever the state shall have subscribed five hundred shares, and paid for the same, they shall have a right of appointing two ad- ditional directors of said bank. SECT. 11. This act, or any part thereof, may, at any time, be altered, amended, or revoked, at the pleasure of the general assembly. CHAP. X. poration General pow An Act to incorporate the Phoenix Bank. TJT|E it enacted by the Senate and House of Rep- MJresentatives in General Assembly convened, That the stockholders of the Phoenix Bank in Hartford, their successors and assigns, shall be and remain a body politic, and corporate, by the name of u The Ptesident, Name of cor- Directors, and Company of the Phcenix Bank," and by that name, shall be capable in law, to purchase and hold all kinds of property, real and personal, and the same, at pleasure, to sell and convey ; to sue and be sued, in all courts whatever; to have and use a common seal, such as they may devise ; and to make and carry into effect, all such by-laws and regulations as may be deemed expe- dient for the proper management of the affairs of the corporation, not repugnant to their charter, the laws of the state, or of the United States ; and generally, to do and cause to be executed, all such acts and things, as to them may appertain, subject to the provisions herein contained. SECT. 2. The capital stock of said bank, shall consist Capital stock, of ten thousand share?, each hare being one hundred Title 6. Banks. 87 dollars ; which shall be transferable, according to sucli rules as may be established by the directors, together with such sums as have been, or shall be, subscribed, by this state, or from the school fund thereof, or the funds of any college, ecclesiastical society, school or corpora- tion for charitable purposes, in this state, pursuant to the provisions hereinafter contained. SECT. 3. For well ordering the affairs of the corpora- tion, there shall be eleven directors, who shall be elected annually, by the stockholders in general meeting. None but stockholders shall be eligible as directors ; and not less than two thirds shall be resident in Hartford. At their first meeting after each election, the directors shall choose one of their number for president ; and whenever President, the place of president or director shall become vacant, by resignation or otherwise, the same may be supplied by the choice of the directors, for the remainder of the year. All elections for president or directors, shall be by ballot : no person shall be eligible as director, for more than three years out of four, except the president. SECT. 4. A general meeting of the stockholders, shall Annual meet- be holden on the first Thursday in September annually, ing. when directors shall be chosen. A general meeting may Meetings, how be called, whenever the board of directors shall think called, proper ; and fifteen days previous to any general meeting, whether stated or special, notice thereof shall be given in a newspaper published in Hartford, and in such other manner as the directors may order. All stockholders shall be entitled to vote at a general meeting, in person Voting. or by proxy ; and one vote shall be allowed for each share ; but no share or shares in said bank, shall give to any stockholder a right to vote, unless the same shall have stood in his name on the books of the bank, at least three calendar months previous to the time of voting. SECT. 5. Not less than three directors shall constitute Board of di- a board for transacting the business of the bank ; of whom rectors - the president shall always be one, except in case of sick- ness or necessary absence, when the directors present shall supply his place, by electing one of their own num- ber as president for the occasion. No director shall be Compensa- entitled to any emolument for attending to the duties of tion. his office, except the president, who shall receive such compensation as the board of directors may judge reason- able, for his extraordinary services. SECT. 6. A cashier, and such other officers and agents Oncers and as may be requisite, for performing the business of the a S ents> corporation, shall be appointed, and their compensation shall be regulated, by the board of directors, who may determine the securities to be given, by any of them, for the faithful performance of any of their trusts. Titk 6. Banks. Powers of di- rectors. Restrictions. Bills and notes of the bank. Notes indors- ed to the bank. Right of the state to sub- scribe. Subscriptions from school fund, socie- ties, &c. Branch at Tatchfield. SECT. 7. The board of directors shall have the dispo- sal and management of the monies, credits and property of the bank, with power to regulate the concerns thereof, in all cases, not herein otherwise provided for. But the corporation shall not trade in any thing, except bills of exchange, gold or silver bullion, or in the sale of goods for money lent, and not redeemed in due time, or in lands necessarily taken for debts previously contracted ; nor shall the corporation take more than at the rate of six per cent per annum premium, for or upon its loans : and dividends of such parts of the profits as the directors shall judge proper, may be made semi-annually. The debts of the corporation, whether by bill, bond, or note, shall not, at any time, exceed fifty per cent over and be- yond the total amount of the capital stock, actually paid in, and of the monies deposited in the bank for safe keep- ing. SECT. 8. The bills or notes of the corporation, signed by the president, and countersigned by the cashier, or treasurer thereof, promising the payment of money te any person or order, or to bearer, shall be obligatory on the corporation, according to the tenor thereof, and shall be assignable according to the custom of merchants, and the laws relating to inland bills of exchange. .And all negotiable notes, duly executed, may be indorsed to the bank, in the same manner, and on the same princi- ples, as to individuals ; and the bank may sue thereon for the recovery of the money. SECT. 9. The state of Connecticut shall have right, at any time, to subscribe to the said bank, at the rate of one hundred dollars for each share ; and whenever the state shall have subscribed five hundred shares, and paid for the same, they shall have the right of appointing two additional directors of said bank. SECT. 10. The bank shall, at all times, be open for subscriptions, at the rate of one hundred dollars for each share, from the school fund of this state, and from the funds of any college, ecclesiastical society, school, or cor- poration for charitable purposes, within this state : pro- vided, that shares so subscribed, shall not be transferable, but may, at any time, be withdrawn, on giving six months' notice to the directors ; and that the shares so subscrib- ed, and those subscribed by the state, shall never exceed the shares subscribed by individuals. SECT. 11. And said bank shall have power to estab- lish a branch of said bank, in the town of Litchfield, in Litchfield county, for the purpose of discount and de- posit ; and one fourth part of the capital of said bank, paid in, or which shall hereafter be paid in, shall be em- Title 6. Banks. & ployed in said branch ; and at the annual meeting of the stockholders in said Hartford, for the choice of officers, there shall, in addition to the eleven directors before men- tioned, be also chosen seven directors of said branch, five Branch direc- of whom shall live within said town of Litchiield ; which tors - last mentioned directors, shall, within a reasonable time, choose one of their number to be president of said Presideat - branch, and shall appoint a cashier, and such other agents as shall be necessary. No director of said branch, Compensa- shall be entitled to any emolument for attending to the lion, duties of his office, except the president thereof, who shall receive such compensation, as the board of direct- ors of said branch, may judge reasonable, for his ex- traordinary services. SECT. 1 2. All bills issued by said branch, shall be sign- Bills issued by ed by the president, and countersigned by the cashier of j* ie ranch the principal bank in Hartford, and shall be made paya- ble to the president of said branch, or the bearer thereof, and may be issued and paid out at said bank in Hartford, or at the branch bank in Litchfield ; and the same shall be assignable and transferable, according to the custom of merchants, and the laws relating to inland bills of ex- change. And the directors shall have the same powers, Powers of and be subject to the same restrictions and regulations, ^. nch direc " with the exceptions, and limitations herein before con- tained, in the management of said branch, as is provided in this act, for the directors of the principal bank : and the directors of said branch, shall account with the di- rectors of the principal bank in Hartford, at all reasonable times, when thereunto required. SECT. 13. This act, or any part thereof, may, at any Power of re- time, be altered, amended or revoked, by the general as- vocation, sembly, CHAP. XL An Act enabling the treasurer of the state, to sub- scribe the monies of this state, to the Hartford, New-Haven and Middletown Banks. j TJ E it enacted by the Senate and House of Rep- JO rcsentatives in General Assembly convened, ^. That the treasurer of the state shall have power to sub- er authorised scribe to the Hartford, New-Haven and Middletown to subscribe. Banks, in proportion to their capitals, any monies be- longing to the state, now on hand, or that may, from time to time, come into the treasury : the state to be entitled to all profits and dividends, which may accrue thereon, in the same manner as the other stockholders of said h:mk> 1? 90 Title 6. Banks. State shall have a right to withdraw their monies Oil notice. Shares sub- ten hed, not transferable. Comptroller to he furnish- ed with statement. State direct- or. His powers. This act not to prevent banks increasing the capital stock of private stockholders. and the state shall, at all times, on giving six months' notice, have the right to withdraw from said banks, the money, or any part thereof, which shall have been paid into said banks for said shares : but the shares subscribed by the state, shall not be transferable : and the several shares, already subscribed by the state to any of said banks, shall continue to be holden, on the terms aforesaid. SECT. 2. The comptroller of public accounts shall, after any monies shall be subscribed and paid to any of said banks, be furnished, from time to time, as often as he may require, not exceeding once a month, with a state- ment of the amount of capital stock of such bank, and of the debts due to the same ; of the monies deposited therein, of the notes in circulation, and of the cash in hand ; and shall also have a right to inspect such general accounts in the books of the bank, as shall relate to said statement. SECT. 3. In case the monies subscribed and paid by the state, to any one of said banks, shall exceed the sum of five thousand dollars, and the state shall hold the stock of the bank therefor, the general assembly may, if they see fit, appoint some meet person to be a director in said bank, for and on behalf of this state, or provide by law for appointing or designating such director ; the said per- son, thus designated or appointed, not to act as a director. at the same time, in more than one bank. And said di- rector, so appointed on the behalf of the state, shall have the same powers as the other directors of said banks ; and the state will not claim or exercise any other agency in the choice of the officers of said bank. or the management of its concerns, than is expressed in this act ; and nothing in this act, shall be construed to prevent the stockholders of said banks, from opening new subscriptions, and enlarging the capital stock of the private stockholders in said banks, in the manner, and to the amount, as in and by their respective acts of incor- poration, is provided. CHAP. XII. An Act relative to incorporated Banks. SECT. 1. BE it enacted by the Senate and House of Rep- resentatives in General Assembly convened, That the several incorporated banks, shall have power to issue post-notes, payable to order, and at a time subse- quent to issuing the same. SECT. 2. No incorporated bank shall issue any bill for one dollar! a sum less than one dollar ; and every person passing any Banks may issue post notes. Not to emit less tnan Title 7. Barberry Bushes Title 8. Bastardy. 91 bill or note, issued by any bank, or corporation whatever, for a less sum than one dollar, shall forfeit three dollars, Penalty. to the use of the person who shall bring an action for the same. And it shall be the duty of all informing officers, to prosecute to effect, all breaches of this act ; and in such cases the penalties incurred and recovered, shall be for the use of the town where the prosecution shall be had. SECT. 3. All shares in banks, manufacturing, and Shares in other incorporated companies, shall be considered as personal estate, and may be disposed of as other per- personal sosial estate, unless otherwise directed in the act of estate incorporation. TITLE 7. Barberry Bushes. An Act for destroying Barberry Bushes. 1 t)E it enacted by the Senate and House of Rep- IJ resentatixes, in General Assembly convened, That any person or persons, with the advice and consent of the civil authority, and select-men of any town, where any barberry bushes are, or may be growing, or in pur- suance of the vote of any such town, passed in legal town meeting, may, at any season of the year, enter on lands, on which barberry bushes shall be growing, and dig up and destroy them, without being liable to an action there- for. SECT. 2. The select-men of any town, in which such Select-men bushes are, or shall be growing, may, in pursuance of a ^5^^^. vote of the town, passed in legal meeting, employ any s t ro y them suitable person or persons, to dig up and destroy such at the ex- bushes, and defray the expence thereof from the treasu- P ence of the ry of the town. town ' TITLE 8. Bastardy. An Act providing for the support of Bastard Children. . T) E ^ enacted by the Senate and House of Rep- JLJ resentatives in General Assembly convened, That any woman, who has been delivered of, or is preg- Mode of pro- nant with, a bastard child, may exhibit her complaint, on Ceding in oath, to a justice of the peace, in the town where she * 111 " dwells, against the person she charges with being the fa- ther of such child ; and such justice of the peace shall, thereupon, issue a warrant, and cause such person to be 92 Order of court. Court may discontinue allowance to the mother, if not applied. When towns may prose* cute. Title 8. Bastardy, apprehended and brought before him ; i*nd if. on due enquiry, he finds probable cause, hue shall order such ac- cused person to become bound, with surety, to appear before the next county court, in the county, and abide the order of said court : and. on his failing to do it. shall commit him to the common gaol in the county. And if the child should not then be born, the court may order the continuance of such cause to the next term, and the renewal of such bond, if necessary. And if such woman shall continue constant in her accusation, being examin- ed on' oath, and put to the discovery, in the time of her travail, such accused person shall be adjudged to be the reputed father of such bastard child, unless, from the tes- timony adduced by him, or otherwise, the court shall be of opinion that he is innocent of the charge, when they shall acquit him, and he shall recover his cost. And if the court find him guilty, they shall make an order, that he shall stand charged with the maintenance of such child, with the assistance of the. mother, and that he shall pay a certain sum per week, for such time as the court shall judge proper, and that the clerk of the court shall issue execution for the same, quarterly : and the court shall ascertain the expence of lying-in, and the nursing of such child, till the time of rendering judgment, and order him to pay one half thereof to the complainant, and grant execution for the same, and lawful cost of suit : and the court may direct, and require such person to be- come bound, with sufficient surety, to perform such order, and to indemnify the town, chargeable with the support of such child, from any expence for its maintenance ; andMf he fail to do it, to commit him to the common gaol, there to remain till he complies with the same. Provid- ed, that if it shall appear that such mother does not apply the weekly allowance, paid by the reputed father, to- wards the support of such child, and that such child is chargeable, or likely to become chargeable to the town where it belongs, the court, on application, may discon- tinue the allowance to the mother, for the support of the child, and may direct U to be paid to the select-men of such town, for that purpose, and may issue execution in their favor for the same accordingly. SECT. 2. The town interested in the support of a bast- ard child, when sufficient security shall not be offered to indemnify such town against all charge and expence for the support of such child, and the mother neglects to bring forward her suit for maintenance, may, by their se- lect-men, institute a suit against the person accused of begetting such bastard chjld ; and may take up and pur- sue, in their name, by their select-men, any suit com- menced by the mother, for the maintenance of such child. Title 9. Book Debts. 93 10 case she fails to prosecute the same to final judgment , and any bond, given by the defendant, in such case, to the complainant, shall have the same effect as if given to such town : and, if the court shall find the defendaoi guilty, they shall make an order that he shall give a bond, with sufficient surely, to such town, to indemnify them against all expence for the maintenance of such child, and to pay the cost of prosecution ; and, on failure there- of, may commit him to the common gaol, there to remain till he complies with such order. SKCT. 3. No prosecution shall be brought but within Limitation three years from the birth of the bastard child ; provided, the time any person accused, shall be absent from the state, shall not be computed.(l) (1 ) In the revision of 1672, an act of prosecution, nor designate the proseco- appears, subjecting the father of a has- tor, or the mode of yielding; the rnainte- tard child to the maintenance of it, with nance. The practice, however, has al-. the assistance of tht2 mother, as the court ways been, for the woman to institute a shall order, and pro\idmg that the per- suit in her own name ; and it has been de- son charged by the mother to he the cided, that a discovery, in time of travail, father, shall be adjudged to be the re- is an indispensable part of the evidence, puled father, upon her continuing constant In the revision of 1784, the power was in the charge,' especially being; put upon given to towns, chargeable with the sup- the discovery of the truth, in the time port of a bastard child, to continue pros- of her travail ; with a proviso, that if no ecutions begun by the mother, if she person should be' accused, in the time of should neglect to proceed, and to bring her travail, it should not abate the con- forward prosecutions, where she should viction of the reputed father. This pro- neglect. The present statute is made con- viso is omitted in the revision of 1702. fornoable to the practical constructionof the This statute does not prescribe the mode old statute. See 1Z)#,278. ICon.RepAll. TITLE 9. Book Debts. An Act concerning Book Debts. ^ ^ enacted by the Senate and House of Rep - resentatives in General Assembly convened, That in all actions of debt on book, tried on the general Evidence, of issue, the evidence of the parties, and of any other per- the parties sons interested, taken in or out of court, in such manner j and form as evidence in other cases is required by law to be taken, may be admitted by the court ; and the triers shall well weigh and consider the credit of such witness- es, together with the entries of the parties in their respec- tive books, and any other evidence given them, and all the other circumstances attending such cases.(l) (1) In the revision of 1750, the statute probably ce-eval with the government; direct*, that the jury shall well weigh and and though repugnant to the principles consider the credit of the parties admitted adopted in other cases, jet it is consist- to take their oaths. This, undoubtedly, ent with the practice in matters of ac- refers to a well known practice, previous- count, both in law and equity, from which ly adopted, to admit the parties, in book it wa= probably borrowed. <1ebt actions, to testify ; and which was 94 Title 9. Book Debts. Oyer of de- fendant's book. Appointment of auditors. Defendant may plead that plaintiff owes him. Removal of the cause from justice of the peace to coun- ty conrt. fo what case no costs shall be allowed. SECT. 2. When the defendant, in any action of debt on book, shall have pleaded any plea, under which it shall be lawful to give in evidence any book account in favor of the defnedant against the plaintiff, the court may, on motion of the plaintiff, made in reasonable time, order that oyer shall be given to the plaintiff of the book of the defend- dant, either forthwith, or within such time as the court may prescribe. SECT. 3. In every action of debt on book, wherein the account shall be alleged to be above seventeen dollars, the court, before which such action is pending, shall have power to appoint not more than three able, judicious and disinterested men, to audit and adjust the accounts be- tween the parties ; who shall have the same power, and be sworn and proceed in the same manner, as auditors in a proper action of account ; and their award being return- ed into court, judgment shall be rendered in pursuance thereof. ' SECT. 4. In every action of debt on book, it shall be lawful for the defendant to plead, in addition to the gen- eral plea that he owes the plaintiff nothing, that the plain- tiff is indebted, or in arrear to him the defendant, to balance book accounts ; and if it shall so be found, on the trial, judgment shall be rendered for the defendant, to recover of the plaintiff the sum so found to be due, with costs ; and the party aggrieved by the judgment, on such plea, shall have the same right of appeal as he would have had, if the action had been brought by the defend- ant, demanding the same sum as that claimed in said plea : Provided nevertheless, that if in any such action brought before a justice of the peace, the defendant, in his plea, shall claim a greater balance than thirty five dollars, such plea shall not be received, unless the party making the same, shall pay to said justice, for the use of this state, a duty of thirty-four cents, and shall enter into a recogniz- ance, with sufficient surety , to the adverse party, in a rea- sonable sum, to remove said cause to, and pursue his plea, before the county court next to be holden in the county, and 4 to answer all damages in case he shall fail to make his plea good ; which recognizance the said justice shall have power to take, and when taken, he shall record said plea ; and if the party, so removing the cause, shall not recover final judgment for a greater sum than thirty-five dollar-he shall not be entitled to costs ; and if final judgment shall be rendered against him, he shall be subjected to double costs. SECT. 5. If any defendant, in any action of debt on book, brought against him before any court in this state, shall neglect to exhibit his account on trial, to be adjust- ed as aforesaid, and shall afterwards bring an action Title 1 0. Bounds Title 1 1 . Boroughs. 95 against the other party, for the recovery of such articles of book debt as might have been adjusted and settled in the trial of the former action, if he recover judgment for such debt, he shall not be allowed any costs ; unless he make it appear, to the satisfaction of the court before whom the trial is, that he had no knowledge of the former suit, before the time of trial, or was inevitably hindered from appearing and exhibiting his account as aforesaid. TITLE 10. Bounds. An Act to ascertain the Bounds of Towns. T^fc E it enacted by the Senate and House of Rep- Ijre.sentatives, in General Assembly convened^ That every town shall procure their bounds to be set out by plain and durable marks and monuments, which Towns to sef shall be a -large heap of stones, or a ditch six feet long, out bounds> and two and a half feet wide, of ordinary depth, at every corner, and once in every eighty rods, in the lines run- ning from corner to corner. SECT. 2. And once in three years, in March, April, Octo- ber, or November, the select-men of the adjoining towns, Towns to re- shall appoint two or more persons to perambulate the new bounds lines, and renew the bounds and monuments between once m t " ree the towns, on forfeiture of fourteen dollars, by every town who shall neglect the same, one half to the use of penalty for the town with whom they refuse to join in perambulation, neglect, and the other half to the treasury of the county ; and in case both the adjoining towns neglect to perambulate, the one half shall be to the use of him who shall prose- cute to effect, and the other half to the treasury of the county. And it shall be the duty of the select-men of the most ancient town, to give six days notice, to the se- lect-men of the adjoining town, of the time and place of meeting for such perambulation; and each town shall pay the charge of the persons appointed by them for that purpose. > TITLE 11. Boroughs. CHAP. I. An Act incorporating the Boroughs of Bridgeport, Stoiiington, Guilford, Killingworth and Essex. j 3E ^ enacte d by the Senate and House of Rep- JtJ resentatives in General Assembly convened, That all the electors of this state, inhabitants of the town r ~ Title 11. Boroughs. Limits of o f Bridgeport, in Fair-field county, living within the fol- bolough^ 1 l win g bounds, to wit -.beginning at the sea at the south end of the line passing down the west ssde of Cii, rcb street, thence following up said line till it intersects a line passing from the stone bridge, in the Fairneld road, a few rods east of the house lately owned by Wil:..tm Worden, deceased, to Wells' Tongue, including the ground where Nehemiah Allen's house lately stood ; thence northwesterly from said pomtof intersection, fol- lowing said line to said stone bridge ; thence northerly from said stone bridge across the fields to the Golden Hill road, including Samuel C. Kirtland's house ; thence, on the-south-east side of said Golden-Hill road, to Newtown road ; thence east, across said Newtown road, to the west side of Indian lot, so called ; thence northwardly, on the east side of said Newtown road, to the north-west comer of said Indian lot ; thepce eastwardly, on the north line of said Indian lot, to the west side of Bridgeport harbor ; thence southwardly to an island, or dry knoll, in said Bridgeport harbor, opposite said Indian lot ; thence southwardly to the middle of Bridgeport bridge ; thence southwardly, to the easternmost end of Wells' Tongue, at low water mark ; thence south-westwardly on the edge of the beach, at low water mark, to the bounds first above mentioned ; be, and the same are hereby ordained, con- stituted and declared to be, from time to time, forever hereafter, one body corporate and politic, in fact and in Name of cor- name ' ^y the name of The Warden, Burgesses and Frce- poration. men of Ike, Borough of Bridgeport. And all the electors Limits of the ^ ^" s s ^ a ^ c ' inhabitants of the town of Stonington, in borough of New-London county, dwelling and inhabiting within the Stonington. following bounds, to wit : beginning at the bridge on the west road, leading from Stoniugton port to the post-road so called, being the first bridge crossed after leaving said port to said post-road ; from thence easterly to the north end of Elihu's Island so called, in a direct line to low water mark, said island is now owned by William Slack and Zebulon Cheeseborough, 2d ; thence easterly to the east side of the channel of Wicataquack cove, thence south-westerly to the north-east end of Sandy Island, so called, to the middle of the channel, or the Rhode-Island line north-east from said island ; from thence by and with the said Rhode-Island line, south-westerly to the New- York line ; thence west until Wamphassock-point shoals bears north ; thence north to said shoal ; from thence in a north-easterly direction, till it strikes the west side of the > channel, in Stonington harbor ; thence northerly by and with the west side of said channel, until the point com- monly called Cheeseborough Point, bears east south-east. cor " i Title 11. Boroughs. 97 whereon there stood a wharf and store, from thence by and with said point and shore, at low water mark, in an easterly direction, to the creek and bridge, the first men- tioned bounds ; be, and the same are hereby ordained, constituted and declared to be, from time to time, forever hereafter, one body corporate and politic, in fact and in name, by the name of " The Warden, Burgesses and Free- - men of the Borough of Storiingtun." And all the electors of this state, inhabitants of the town of Guilford, in New- Limits of the Haven county, dwelling and inhabiting within the follow- borough of ing bounds, to wit : beginning at the most southerly part Guilford. of Hogshead-point, so called, on the eastern side of the harbor in said Guilford ; thence running in a straight line westerly, to the inner scow channel rock, at Mulberry- point ; thence by high water mark, to the south-westerly point of the West-river ; thence on the west bank of said river, to Bradley's ship-yard ; thence across the road so as to strike the most westerly bend of said river, a few rods north of said road ; thence by the western bank of said river, to the brook which empties into said river, a little north of Linus Sexton's dwelling-house ; thence bj said brook across the road ; thence by the western line of the North-Guilford road, so as to include the dwelling- house of Bille Chittenden ; thence in a line due east, to the brook a little south and east of the dwelling-house of Abraham Evarts ; thence down said brook to East-creek ; thence down said creek to the Sawpit- bridge, so called ; thence in a straight line to the eastern part of the Far- mer's wharf on the banks of the East river; thence in a straight line to the first mentioned bounds ; be and the same are hereby ordained, constituted and declared to be, from time to time, forever hereafter, one body corporate and politic, in fact and in name, by the name of " The War- Name of cor- den, Burgesses, and Freemen afthe Borough of Guilford." P oration - And all the electors of this state, inhabitants of the town Limits of the of Killingworth, in Middlesex county, dwelling and in- habiting within the following bounds, to wit -.beginning at the southern extremity of the division line, between the towns of Killingworth and Guilford, on Long-Island- Sound ; thence northwardly, on said division line, to Farm-Bridge, on Harnanasset river ; thence north on said line to Hatter's Creek, so called, which empties into said river ; thence following said creek northeasterly, until the said creek crosses the Nodd road, so called ; thence north-eastwardly, inadirectline,soasto include the house of Jedediah Buell ; thence north-eastwardly. so as to in- clude the house of Samuel Kelsey ; from thence, follow- ing the highway, leading to the house of Jesse Buell, and. including said house ; thence south-easterly, so as to in- 18 98 Title 11. Boroughs. elude the house of Eber Wilcox ; thence south-easterly, so as to include the house of Asa Kelsey ; thence eastward- ly, on the highway, to the place where it intersects with the Brush-Hill road, so called ; thence southwardly, by the road leading to the house of Harvey Buell, and in- cluding the same ; from thence, in a line due south, to the southern boundary of the state of Connecticut, on Long-Island sound ; thence westwardly, following said last-mentioned boundary, to the tirst mentioned bounds : be, and the same are hereby ordained, constituted and declared to be, from time to time, forever hereafter, one Name of cor- body corporate and politic, in fact and in name, by the poration. name of " The Wardtn, Burgesses, and Freemen of the Limits of the B roil gh f Killingworth." And all the freemen of this bor.-ugh of state, inhabitants of the town of Saybrook, in Middlesex Essex. county, dwelling and inhabiting within the following bounds, to wit : beginning at the most north-easterly part of a stone wharf or pier, owned bj Jesse Murray and others, a little northerly of Pettipauge wharf; thence north- westerly, in a right line, to the northeast corner of New- City wharf; thence southwesterly, in a right line, to a small apple-tree, standing on George Williams' land, about six rods northerly of said Williams' dwelling-house; thence southerly, in a right line, to a small oak tree, stand- ing at the lower side of a ledge of rocks, about fifteen rods north-westerly of Dr. Gideon A. Dickinson's dwell- ing-house ; thence south-easterly, in a right line, to a large button wood or button-ball tree, standing in the highway near the dwelling-house of Thomas Tripp ; thence in an easterly direction, in a right line, across the south cove, so called, to an old stone pier, owned by Benjamin H. Meigs and others, situated a little southerly of the south cove channel ; thence in a northerly direction, in a right line, to the first mentioned bound ; be, and the same are hereby ordained, constituted and declared to be, from time to time, forever hereafter, one body corporate and Name of oor- politic, in fact and in name, by the name of " T/ie Warden, Burgesses, and Freemen of the Borough, of Essex :" and bj General 10 * nose names, they, and each of said boroughs, and their suc- er8 . r " cessors forever, shall have perpetual succession, and shall be persons in law, capable of suing and being sued, pleading and being impleaded, in all suits of what na ture soever; and also to purchase, hold and convey, any estate, real or personal, and mav have a common seal, and may change and alter the same at pleasure, and shall be freemen of said boroughs respectively. Annual meet SECT 2. There shall be an annual meeting of the bo- MpMttetev- r ugh of Bridgeport in November, of the borough of eral boroughs. Title 1 1. Boroughs. 99 Stonington in March, of the borough of Guilford in March, of the borough of Killingworth in September, and of the borough of Essex in May, at such times and places, as by the by-laws of said boroughs respectively, shall be directed, for the purpose of choosing all the offi- cers of said boroughs ; and the officers chosen at such meeting, shall continue in office for the term of one year, after the expiration of the month in which they are chos- en, unless others shall be sooner chosen and qualified in their stead. SECT. 3. Each of said boroughs, at their annual meet- ing, legally assembled, shall choose a warden, six burges- officers, ses, a clerk, treasurer and bailiff; all which officers shall be chosen by ballot, and on each ballot which shall be e | e 'ctlon. * given in, shall be written the name of the person, for whom the same is given ; and such ballot shall, by the person giving in the same, in the presence of the warden and burgesses, or such of them as are present at such meeting, be put into a proper box for that purpose, by each of said boroughs to be provided ; and when the freemen present, at any such meeting, shall have had a reasonable time to give in their ballots, the warden, or in his absence, the senior burgess present, in the presence of the meeting, shall open the box, sort and count the ballots, and the person who shall have the majority of ballots given in, shall, by the bailiff, or in his absence, by the ;unior burgess present, be declared to be elected ; and no ballot shall be received after the box shall have been opened. SECT. 4. And each borough, in legal meeting assem- Power of ad- bled, shall have power, with the concurrence of the war- fitting to the den, and a majority of the burgesses, to admit to the free- g ^ without" dom of the borough, all such electors of this state, the limits, inhabitants of the town or towns from which such borough is taken, living without the limits thereof, but holding real estate, or doing regular business therein ; which persons, so admitted, shall be entitled to all the privileges of freemen of such borough. SECT. 5. Each borough, in legal meeting assembled, Power of levy- shall have power to levy taxes on the polls and rateable ing taxes, estate, within the limits thereof, for such purposes as they shall think proper, and to choose a collector or collectors to collect such taxes, who shall, having received a warrant for that purpose, signed by the warden, have the same p 11 e i -L JUHL rowers ana power as collectors of town taxes have ; and shall be ac- duties of col- countable to the warden and burgesses in the same man- lectors. ner, as collectors by law are accountable to select-men. And in case any collector shall not perform the trust committed to him, but shall fail of collecting such tax 100 Title 11. Boroughs. Process according to the terms of his warrant, on complaint there- etntcVllect- of made ^ the bur g esses to the warden, he shall issue ors . his warrant, under his hand, directed to the bailiff, to dis- train the sum or rates neglected by such collector, to be collected or paid out of his estate. Power of bai- SECT. 6. The bailiff shall, within the limits of each borough, and on the waters of each harbor, adjoining thereto, whether within the limits of the borough or not, have the same power, authority, and privilege, and be liable to the same suits or penalties, for neglect of duty, in any case whatever, as constables by law now have, or are, in their respective towns; and shall execute all law- ful writs to him directed, by virtue of the by-laws of the borough to which he belongs, or by the laws of the state, Of the treasur- Within his said described limits. And the treasurer shall er - have the same powers as town treasurers have by law, and shall be accountable in the same manner. Power of lay- SECT . 7. The warden arid burgesses shall have power ius; out high- , . , , ,,. * f way a , &c? to lay out new highways, streets, and public walks, for the use of each borough, and to alter those already laid out, and to exchange highways for highways, or to sell highways, for the purpose of purchasing other highways, talking, in all respects, the same measures as are directed by the laws of the state to be taken in case of highways laid out by the select-men, for the use of their towns : Remedy for and the party aggrieved by the laying out of such high- party aggriev- wa y s or streets, may have the same remedy, by applica- tion to the county courts, as is bv law provided, in case Discontinu- of highways laid out by select-men. And whenever any ance of high- highways, laid out by the warden and burgesses, may be- come unnecessary for public use, they may be discontin- ued by such warden and burgesses. Powers in re- SECT. 8. The warden and burgesses shall, within the latioa to sck- ij m its of their respective boroughs, have, use, possess, and enjoy all the powers and privileges granted to the select-men and justices of the peace, in the several towns, by the fifteenth and sixteenth sections of the act, provid- ing in case of sickness. Sign-post to SECT. 9. It shall be the duty of the warden and bur- be erected. gesses of each borough, at the expense thereof, to erect and maintain a sign-post, at some proper place therein, which shall be a lawful sign-post, according to the law establishing a sign-post in each town. Power of war- SECT. 10. The warden and burgesses in each bor- d *"eTit make UJ = h ' res P ectivelv ' or a majority of them, shall have pow- by-laws!'" ^ er to make by-laws relative to markets and commerce, within the limits of said borough ; relative to the street* and highways of said borough ; relative to nuisances with- in said borough limits ; relative to wharves, docks, chan- Title 11. Boroughs. 101 nels, public landings, anchoring and mooring vessels ; relative to trees, planted for shade, ornament, conven- ience, use, public or private ; relative to the fruit of such trees ; relative to trespasses committed in gardens, or in the limits of said borough; relative to walks and build- ings, public and private ; relative to sweeping of chim- nies, and preserving said borough from injury by fire ; relative to the forms of oath to be taken by the treasur- er ; relative to warning meetings of said borough, and of said warden and burgesses, and the time and place when and where they shall be holden ; relative to the mode of taxation, as to taxes to be levied in said borough; relative to the penalties to be incurred by those who, being chosen to office, shall, (not being excused by said borough,) refuse to serve ; relative to a watch ; relative to the burial of the dead; relative to public lights and lamps ; relative to restrain- ing horses, cattle, mules, sheep, geese, swine, and poul- try, from going at large within the limits of said borough ; relative to firing of guns ; relative to noise and disturb* ance in the night season ; relative to preventing any building, or buildings, already erected, or which may hereafter be erected, within the limits of any borough, from being used or occupied as a baker's shop, tallow- chandler's shop, or blacksmith's shop, or for purposes which equally, or in like manner, in the opinion of the warden and burgesses, shall immediately expose such borough to injury by fire, without licence first obtained from said warden and burgesses ; and to inflict penalties Penalties iiui- for the breach of such by-laws, not exceeding the sum ited ; of fifteen dollars, for one offence, payable to the treas- urer, or such other person as the by-laws shall direct, and recoverable by a proper action on such by-law, to how recovera- be brought before a justice of the peace, resident in said ble - borough, or in the town in which such borough is situa- ted: Provided, that no by-law shall be repugnant to the laws of the state ; and that all by-laws, made by the warden and burgesses, shall be approved by the borough, By-laws to be in legal meeting assembled, and, after being so approved, ap u[-upj and shall be published, at least three weeks, successively, in some public newspaper, published in said borough, or if none, in the nearest, before the same shall be of any va- lidity : and all by-laws, within eight months after they are made and published, as aforesaid, may be repealed . by the superior court, holden in the county in which the by the *upe- borough is situated, if said court, on a hearing, shall r ' r court, adjudge them to be unreasonable and unjust. SECT. 11. The borough of Killingworth shall have Powers oMLe power and authority to purchase or erect a building, or KiStorth buildings, for the establishment of a school within its lim- as to schools, 102 Title 11. Boroughs. its ; to establish a fund, or devise other means, for the support of the same ; to prescribe the different branches that may be taught therein ; and to make all necessary regulations, and to exercise such powers, as the interest of said school may require : and to make by-laws, in man- ner aforesaid, relative to the improvement and preserva- a* to ^l! tion of the shell and scale fisheries, and taking tish within nesT their said limits 5 provided, that in relation to said fishe- ries, said town ot'K llingworth shall have given their as- as to deepen- sent thereto ; and relative to improvements made in T deepening the water in the harbor of said borough. And the freemen of said borough, in legal meeting assembled, may appoint all proper officers necessary to carry into effect the by-laws relative to the regulations of said harbor, and of the shelj and scale fisheries, within said limits. Power of con- SECT. 12. All grants or leases of real estate, belonging yeying real es- to sa j(j boroughs, signed by the warden, and sealed with the borough seal, and approved by the borough to which such estate belongs, in legal meeting assembled, and re- corded in the, town where the lands granted or leased lie, shall be good and effectual in law. of appointing SECT. 13. Each borough shall have power, in legal inspector* ; meeting assembled, to appoint inspectors of every kind of produce of the United States, brought to the same for sale, or exportation ; and to appoint hay wards, and all other officers not enumerated in this act, necessary to carry their by-laws into execution. of formin? and SECT. 1 4. The warden and burgesses of each borough, reg-ilating a shall have power to form, continue, and regulate a fire- fire-company, company, and enlist a sufficient number of firemen to fill the same ; and in case a sufficient number cannot be enlisted, to appoint a sufficient number to fill up the same, and make all suitable and necessary by-laws for regulating such fire-company. Officers to b SECT. 15. The warden, burgesses, bailiff and clerk of sworn. each borough, and the inspectors of produce, shall be sworn to a faithful discharge of their duty ; and the form of the oath to be taken by the warden and burgesses, shall Form of oath, be as follows : You, A. B. being elected warden (or for warden, burgess, as the case may be) of the borough of , do swear, that you wijl faithfully and uprightly discharge the duties of that office, so long as you shall hold the same ; so help you God. And the form of the oath to be for clerk- taken by the clerk, shall be as follows: You, A. B. being clerk of the borough of , do swear, that you will faithfully attend, and execute the office of clerk, ac- cording to your best skill, and make true entries and records of all the votes and proceedings of said borough, and such other matters as by law, or by the by-laws of Title 11. Boroughs. 103 aid borough, are to be recorded in your office ; and that you will deliver true copies of the records in your hands, when they shall be required of you, taking only your lawful fees ; so help you God : and that the oath to be taken by the bailiff, shall be the same mutatis mutandis, as is pre- f or bailiff, scribed by law to be taken by constables ; and the form of the oath to be taken by the inspectors of pro- fr, r inspectors, duce, hay wards and other subordinate officers, shall be &c. the same mutatis mutandis, as is by law prescribed for surveyors of highways. Which oath may be administer- By whom ad- cd by any justice of the peace of the county, in which "'S'^orded the borough is situated, or if none be present, by the elerk of the borough ; and the clerk shall make a true record of the administering of such oath, and by whom, before the person to whom the same has been adminis- tered, shall be able to execute the office, to which he is chosen. SECT. 16. Whenever the warden, or other officer, Vacancies, shall resign, or be removed, by death or otherwise, an- other shall be chosen in his place, to hold the office for the same period as the person he succeeds was entitled to hold it: and the warden of each borough, or in his absence, Moderator. the senior burgess present, at any meeting of the borough, or of the warden and burgesses, shall, ex ojficio, be mode- rator thereof; and each borough may, at any time, hold special borough-meetings, whenever, in the opinion of Special meet- the warden and burgesses, or a majority of them, the cir- > D S 8 - cumstances of the borough require it : and the vote or choice of the ma,or part of the freemen present at any legal meeting, shall be considered as the vote or choice of said borough. SECT. 17. And the inhabitants living within the limits of Inhabitants of either of said boroughs, shall remain and continue in- . bor!1 "5 hsto b habitants of the towns in which such boroughs are situat- uptowns* 9 ed, entitled to all privileges, and subject to all burdens, in the same manner as if this act had never been passed. And if this act, or any provision therein contained, shall be found inconvenient, or in any respect inadequate, the p ow erofre same may be repealed, altered or revoked, by the gene- yocation. ral assembly. CHAP. II. An Act giving additional powers to the Borough of Bridgeport. , TJE it enacted by the. Senate and House of Rep- SECT. I* ""m *^ y>| I 'I II 1 M-9 resentatives, in ijrenerut Assembly convened, That the corporate meetings of the warden and burgesses 104 Title 11. Boroughs. Court of bur- o f the borough of Bridgeport, shall, in all legal acts and gesses proceedings, be styled the court of burgesses ; and that the clerk of said borough shall be clerk of said court of bur- gesses; but said court of burgesses shall have power to appoint a clerk, pro tempore, in the absence of the clerk of said borough. may cause SECT. 2. Said court of burgesses shall be, and they are grounds to be . . ., ,, . ' . . > raised or hereby empowered, to cause all grounds m said bo- drained, rough, where water at any time stands, or becomes stagnant, either in the open air, or under buildings (in the opinion of said court of burgesses,) to the annoyance, either of the health or comfort of the inhabitants of said borough, or any of them, to be filled up or drained, as the case may be, and to raise such buildings, if need be, so high that the grounds under them may be filled up, and to give liberty or orders to the proprietor or proprie- at the ex ens>e * O1S ^ suc ^ buildings or grounds, to raise, fill up or drain of the prTprie* the same, at his, her or their own expense ; and designate tors. how high such buildings, shall be raised, and such grounds filled up, and where and how deep and wide such drains shall or may be dug ; and if such proprietor or proprietors shall neglect to raise such buildings, and fill up such grounds, or dig such drains, in such manner, and within such time as said court of burgesses shall have designated, and limited, said court of burgesses may employ some meet person or persons, to raise such building or buildings, and - to fill up or drain such grounds, and may adjust the ex- pences thereof, and apportion and assess the same on the proprietors of the buildings so raised, or grounds so filled Mode of col- up or drained ; and may also assess the damages which leering monies ma y ^ e d one to any particular proprietor, by cutting pose' 110 F " sucn drains through his or her land, which damage shall be paid by the proprietors of the lands so drained. And the warden or senior burgess of said borough, shall issue a warrant of distress to the bailiff, or to any other proper officer, living within said borough, who is hereby authori- zed to receive and execute such warrants, or to an in- different person, against the goods, chattels, lands and bodies of the persons so assessed, if the case so requires, setting forth the sum assessed upon, and due from each proprietor, and authorizing such bailiff, other officer or indifferent person, to whom such warrant shall be direct- ed, to collect the sum so assessed upon and due from each proprietor; and such bailiff, other officer or indifferent person, shall proceed in the same manner, and have the same powers, and be under the same regulations in ma- king such collection, as the law p. . -< IVK-S in case of col- lectors of public taxes, and shall account to the court of burgesses. Title 11. Boroughs. 105 SECT. 3. Said court of burgesses shall be. and they here- And to cause by are empowered to cause all nuisances within said bo- ^ l ^"''*' 9 f ", rough to be abated and suppressed; and all putrid and foul substances to be removed; if on private property, at the ex- pense of theproprietororoccupantof suchproperty; but if on public ground, at the expense of the person who put such substance there, (if such person be known) otherwise at the expense of said borough ; all which expences shall be adjusted by said court of burgesses, and collected by war- rant, signed by the warden or senior burgess, in the same manner as is prescribed in the preceding section. Pro- Persons ag- vided always.thatif any person shall be aggrieved by any of S nevpd ma / ,, , . J f ., t fi. i e i appl\ t- conn- the doings 01 said court of burgesses, he may prefer his tf court. complaint to the next county court, within and for Fair- field county, against said borough, by causing a copy of such complaint to be left with the clerk of said. borough, at least twelve days before the sitting of said court ; and if said court, on hearing of such complaint shall be of the opinion that any part or the whole of such expense, so in- curred, or damages done, ought to be borne by said bo- rough, said county court shall order and direct, that such complainant be relieved from the payment of such part, or from the whole of such expense or damage, as to said county court may appear just and equitable; and if it shall appear, on such hearing, that said complianant hath actually paid any sum or sums of money, which ought to be refunded, said county court may grant execution in favor of such complainant, against said borough, for such sum. t SBCT. 4. And full power and authority shall be, and Power of ma- hereby is granted to said court of burgesses, to make by- kin b y- lawSi laws for preserving the health of the inhabitants of said borough. Provided nevertheless, that such by-laws be Proviso, approved and published, and be liable to be repealed, in the same manner, as the by-laws which the warden and burgesses of said borough are already authorized to make. TITLE 12. Briefs. An Act relating to Briefs. BE it enacted by the Senate and House of Representatives in General Assembly convened, That the governor Governor may may grant briefs, soliciting charitable contributions, in grant briefs, cases of great misfortunes and losses, by fire, or other providential accidents, to be read, published and attend- ed to, in public meetings, in the several towns, or reli- gious societies and congregations, or such part ot them 14 106 Title 13. Canada Thistle. as he miy ju lot, for any person, to the same office, he shall forfeit the sum of seventeen dollars to the treasury of the state. SECT. 5. And said cities, respectively, shall have power to grant the freedom of their cities, to any person or cities. 112 Title 15. Cities. persons, living without the limits of the same ; and the person to whom such freedom is granted, shall, upon taking the oath by law required, have right to vote at any of the elections, and in any city meeting in that city, by which such freedom is granted : Provided, that no person shall, in virtue of such grant, be considered as entitled to the rights of a free citizen of the state, or as acquiring a right of inhabitancy in that town, in which the city granting such freedom lies. Cities may lay SECT. 6. Each city, in legal meeting assembled, shall ^hu col!ect P ~ have P ower to la J taxes on tne P olls ancl rateable estates ors" within the limits of the city, for such purposes as the city shall think proper, agreeably to the privileges granted by this act ; and to choose a collector or collectors, to collect such tax, who, having received a warrant for that purpose, signed by the mayor, or one of the aldermen of said city, shall have the same power as collectors of town taxes, and shall be accountable to the mayor and aldermen, in the same manner as collectors of town taxes are to the select-men ; and in case any collector shall not perform his trust, then, on complaint by the aldermen to the may- or of the city, he shall issue his warrant, under his hand, directed to either sheriff of said city, to collect out of the estate of the negligent collector, the sums due from him : provided, the city of Hartford shall have no power to lay taxes to pave the streets or highways, in said city, or to erect wharves on Connecticut river, without special au- thority from the general assembly. Power andlia- SECT. 7. The sheriffs of each city shall, within the lim- bihty of iher- ^ g o f ^ same? have the same power and authority as the sheriffs of the counties, and shall be liable to the same penalties and suits, for neglect of duty ; and each city shall be liable for the default of their sheriffs in their of- Bonds. rices. And said sheriffs shall severally give bonds, with sureties, in such manner as, by the by-laws of each city. shall be directed, for a faithful discharge of the duties of their office, before they shall be capable to execute the same ; and in case of their refusal, or either of them, the city may appoint others in their room. City courfe, SECT. 8. There shall be holden in each city, in ever} when to be month, a city court. Such court shall be holden in Hart- ford, on the first Monday ; in Middletown, on the second Tuesday ; in New-Haven, on the first Tuesday ; in New- London, on the first Monday, and in Norwich, on the second Monday :- which courts shall have power to ad- journ from time to time, and shall have cognizance of all cases wherein the title of land is not concerned, cogni- zable by county courts, provided the cause of action ar.se within the limits of said cities, and one or both the par- Title 15. Cities. 113 ties live within the same , and of any suit or action that may be commenced by the president, directors, and com- pany of any bank, in the city in which such bank is estab- lished, on any writing obligatory, made payable, by the terms of it, at, and endorsed to such bank, notwithstand- ing such writing may have been executed, drawn, accept- ed, or indorsed, without the limits of such city. And said city courts shall have the same power and authority, and shall proceed in the same manner, and grant execu- Mode of pro- tions, as county courts now or hereafter shall have power ceed 'cg. to proceed and grant ; and the executions granted by the city courts, shall be served and returned in the same manner as executions granted by county courts. And an appeal shall be allowed, to either party, from the judg- Appeals, ment or determination of said city courts, to the next su- perior court, to be holden in the county in which such judgment is rendered, in all cases in which an appeal is now, or shall hereafter, by law, be allowed from county courts : but if judgment is rendered in favor of the plain- tiff, he may apply to the city court, at the term when uch judgment shall be rendered, and if he can satisfy the court that such appeal is taken for delay only, then such court may, at their discretion, notwithstanding such ap- peal, direct execution to issue on such judgment, for the debt, or damages and costs, against the defendant or de- fendants, and the plaintiff may levy the said execution, Execution and collect the money thereon ; provided, before taking m!i y he taken out execution, he becomes bound, with two sufficient sure- ?g b j n pl i it v 1 ^", ties, before the mayor of the said city, or one of the judges bond. " of said city court, in a recognizance, (which recognizance the mayor of each city, and the judges of the city courts, are respectively empowered to take,) in double the sum of said judgment, that he will, within one week after final judgment on the appeal, refund so much of the judgment of said city court, as shall on such execution be collected, and shall not by him be recovered before the court to which the appeal is taken, and the interest thereof, to- gethei with the fees on the execution, which shall accrue and be paid by the defendant or defendants ; and no ap- peal shail be allowed on any suit commenced on such re- cognizance. SECT. 9. And in every action brought before any city if plaintiff live court, in which the plaintiff lives without the limits of the out of city, or city, or is a mariner or seaman, suing for wages due to be a < n * nn f r i ,."- . , ,. i ,1 j c i , i- fto appeal Mail him for service in his occupation, and the defendant lives be a || owe( j within the limits of the city, no appeal shall be allowed to unless df-mand the defendant, unless the matter in demand exceed the J*^ed"and sum of one hundred and sixty-seven dollars ; but if the B \^J* se ^ matter in demand exceed that sum, an appeal shall be dollar*. 15 114 Title 15. Cities. allowed to the defendant, in the same manner, and under the same regulations, as appeals are allowed in other ca- ses, cognizable by city courts ; and no writ of error brought for the reversal of any judgment of a city court, or of the mayor, or either of the aldermen of a city, shall be a supersecteas, or have any force to stay the issuing, levying, or collection of execution. Clerk. SECT. 10. Each city court shall have power to appoint and swear a clerk for such court, to continue in office during pleasure, who shall, as to matters relative to his office as clerk of such court, have the same power and authority as clerks of county courts have by law; and the oath to be taken by the clerk shall be the same, mutatis mutandis, as the oath provided by law to be taken by the clerks of the county courts. Mayor and SECT. 11. The mayor of each city, for the time being, aide' men to be and the two aldermen first chosen, at the annual meeting judges. of the city, shall compose the city court, where chosen, and be the judges thereof; and the mayor shall be the chief judge of said court, and the two aldermen shall be the assistant ,udges of said court; any two of whom, in the absence of the other, taking to their assistance the senior alderman present, that is not a judge of said court, or if neither of the aldermen that are not judges of said court, cannot attend, one of the justices of the peace for the county in which the city is, and resident within such city, shall have power to hold a city court. If at any city court, there shall be but one judge present, he shall take to his assistance two other aldermen of the city ; and in case one or both of them cannot attend, he shall take one or two of the justices of the peace, as the case may require, of the co"Unty in which the city is, resident in the cityj and they shall have the same power to hold a city court, as the judges of the city court have. In case of the ab- sence of the mayor, and the two aldermen, constituted by law, judges of the city court, of either of said cities, or their disqualification to sit as judges, the other aldermen of such city, taking to their assistance any justice of the Eeace, residing in the county in which such city is e^tab- shed ; or either of the aldermen of such city, in case of the absence or disqualification of the mayor, and other aldermen, taking to his assistance any two justices of the peace, of such county, shall have power to hold a city court, within and for such city. When a suit is pend- ing before any city court, wherein the defendant or de- fendants do not appear, or which, pursuant to law. must be continued, in either case, any one competent judve of such court, shall have power, and the same is hereby Title 15. Cities. 115 granted to him, to render a judgment on default, or to continue the action, as the case may require. SECT. 12. The mayor of each city, or in his absence, Special court*, the senior assistant judge of each city court, may, at the howcalled - special instance and cost of any person moving therefor, hold a special city court, at such time and place, within said city, as the mayor or judge, ordering the same, shall appoint; which court shall proceed in the same manner, have the same power and authority, and, in all respects, be under the same regulations as the stated city courts of the city : and all the taxable fees of city courts shall be the Taxable fees, same as taxable fees of county courts. And the several city courts shall have power to appoint attornies for their Attornies. respective cities, who shall be sworn to a faithful dis- charge of their office ; and such attornies shall have pow- er to sue and prosecute for all penalties for the breach of the by-laws of said cities, in the name of the city, by prop- er action before the city court. SECT. 13. The mayor and aldermen of the several cit- Mayor and al- ies, respectively, shall severally, within the limits of the dermeu to city to which they belong, have cognizance of all civil !* HV ? pew ? r { causes, by law cognizable by a justice of the peace, pro- "j^acT.' vided the cause of action arise within the limits of such city, and one or both of the parties live within the same ; and the mayor and aldermen shall, as to the causes by them severally cognizable, have the same power and au- thority, and proceed in the same manner, as justices of the peace now, or hereafter may, have and proceed. And an Appeah. appeal shall be allowed from the judgment or determina- tion of said mayor and aldermen, in any cause by them cog- nizable, severally, to the next city court, to be holden within said city, in all causes in which an appeal is now, or hereafter shall be, allowed from a judgment of a justice of the peace ; the prevailing party, however, if plaintiff, may, such appeal notwithstanding, take out an execution on such judgment, provided he give a bond, before the may- or of such city, or one of the judges of the city court, in the same manner as is provided in the case of appeals from the city court. And in every action brought before the may- or, or either alderman of the city where they belong, in which the plaintiff lives without the limits of such city, or in which the plaintiff is a mariner or seaman, suing for wages due to him for service in his occupation, and the defendant lives within the limits of the city, no appeal shall be allowed to the defendant. SE'JT. 14. The taxable fees, in all causes cognizable by Taxable fees, the mayor, or any of the aldermen of a city, severally, shall be the sa'.ne as taxable fees, in like cases, before justices of the peace. And the processes, in all actions Processes; 116 Title 15. Cities. bow signed. Bonds of pros- ecution. Proviso. Time of ser- vice before the sitting of the court. Return of writs. Writs return- able before mavor or al- dermen. Penalty on sheriff* &c. for neglect of duty. " brought to city courts, shall be the same as processes to the county courts ; and the processes in actions brought before the mayor, or one of the aldermen of any city, shall be the same as inactions brought before a justice of the peace ; which process shall be signed by the governor, lieutenant-governor, or justice of the peace, or by the mayor, or one of the aldermen of the city, or clerk of the city court, where the process is to be served, and shall be served by a sheriff, deputy-sheriff, or constable, to whom directed, according to law, and the provisions of this act. And all bonds for prosecution, taken by any of the officers hereby empowered to sign writs, shall be good and effectual ; and bonds for prosecution, special bail, and bonds for appeal, shall be taken to the adverse party : Provided, that no writs, (executions excepted,) or processes, signed by the mayor, or either of the alder- men, shall be of any effect, without the limits of the city to which they belong. SECT. 15. When the defendant, who is sued to any city court, lives within the limits of the city, the writ shall be served upon him, at least six days before the sitting of the court to which the writ is returnable: but if the defendant lives without the limits of the city, the writ shall be served at least twelve days before the sitting of the court ; and all writs returnable to a city court, shall be returned to the clerk thereof, on or before the day of the sitting of the court, and before the first opening of such court. SECT. 16. The writs that are returnable before the may- or, or either of the aldermen of a city, shall, if the plaintiff and defendant both live within the limits of the city, or if the plaintiff live without, and the defendant live within the limits of such city; or if the plaintiff be a mariner or seaman, suing for wages due to him for service in his oc- cupation, and the defendant lives within the limits of the city; be served upon the defendant, at least three days before the sitting of the court to which it is returnable ; but if the defendant lives without the limits of the city, the writ shall be served upon him, at least six days before the sitting of the court to which it is returnable. SECT. 17. In case any sheriff, deputy sheriff orconstable, shall not serve a writ directed to and received by him. that is returnable to a city court, or shall neglect to make return of said writ, or shall make a false return thereof, and a suit for such default be brought against him, to such city court, by the person, his executor or administrator, in whose favor the suit issued, and the defendant be found in default, the court, over and above awarding just damages to the party, shall, on said suit, set a suitable fine upon Title 15. Cities. 117 the defendant, according to the nature of the case, and may issue execution for the same ; which fine shall be to the treasury of the city. SECT. 18. The mayor, aldermen, and common council of each city, shall annually meet for the election of jur- ors. They Shall meet in the city of Hartford, in the month of March, and shall choose seventy-two freemen of the jurors, how city, or such greater number not exceeding one hundred chosen. and twenty, as the mayor, aldermen and common council, shall judge necessary to serve as jurors at city courts. They shall meet in the city of Middletown, on the first Monday of February, and then choose thirty-six freemen of said city, or such greater number, not exceeding seven- ty-two, as said mayor, aldermen, and common council, shall then judge necessary, to serve as jurors at city courts. They shall meet in the city of^ New-Haven, on the first Monday of Jdly, and then choose one hundred and forty-four freemen of said city, to serve as jurors at the city court. They shall meet in the city of New- London, on the first Monday of July, and then choose forty or more of the freemen of said city to serve as jurors at the city court. They shall meet in the city of Norwich, on the first Mon- day of August, and choose a number not exceeding one hundred and forty-four freemen of said city, to serve at the city court. And in each of said cities, they shall return Return, the names of the jurors, chosen as aforesaid, under the hand of the mayor of the city, if present, or in case of his absence, under the hand of the senior alderman present at such meeting, to the clerk of the city court, who shall write each juror's name thus chosen, fairly, on a separate piece of paper, and roll up and put the same into a box, which he shall provide and keep for that pur- C1 ? r ks shal - 11 i -i /v / . ^ put na.rnes> ID pose : and whenever either sheriff of any city, shall a box. receive a warrant from the clerk of the city court, to summon a jury to appear before said court, the sheriff Jurors, hou receiving such warrant, taking with him one of the alder- drawn - men of the city, shall repair to the clerk's office, and there, in the presence of such alderman and clerk, shall take out of said box, as many papers as his warrant di- rects ; andthe persons whose names shall be found written therein, shall be summoned to appear before the court, to which the warrant is returnable, to serve as jurors, and in case of neglecting to attend, shall be liable to such pen- alties as shall be, by the by-laws of the city, inflicted for such neglect ; and in case a complete panel shall not at- tend, or in case any shall be challenged or excused, the sheriff attending the court, shall supply the deficiency, by drawing, in the presence of the court, others out of the said box, and summoning them to attend and serve, until 118 Title 15. Citie*. may try issues Form of oath for mayor. the panel shall be complete : and the names of such jurors as do not attend, or are excused, shall be returned Into the box, and shall be liable to be drawn again. And the oath to betaken by the jurors, shall be the same as is by law provided, to be taken by jurors in civil actions. And the name of each juror that attends any city court and serves, shall be again written on a separate piece of paper, and shall be rolled up and put into another box, which the clerk of the court shall provide for that pur- pose, and shall be liable to be drawn again, in case there shall not, by reason of death, removal or other cause, be a sufficiency in the other box, to complete the panels for that year in which they are chosen to serve. Provided, City co'irta that the judges of each city court, shall have power to j rv an( j decide a ll i ssu es in fact, that shall come before them, by themselves, or by a jury of six freemen, where both parties shall agree to it. SECT. 19. The mayor, aldermen, sheriffs, common council, and clerks of each city, shall be sworn to the faithful discharge of their duty ; and the form of the oath to be taken by the mayor of each city shall be as follows, to wit : You being elected mayor of the city of , do swear by the name of the everliving God, that you will, without any partiality, indifferently administer justice ac- cording to law, without respect of persons, take no bribe, give, no counsel in any matter that shall come before you, nor deny right to any, but well and truly perform your office of mayor of said city, according to your best skill : So help you God. And the form of the oath to be taken by the aldermen of each city, shall be the same, mutatis mutandis, as is prescribed by law, to be taken by justices of the peace. And the form of the oath to be taken by the common council of each city, shall be as follows, to wit : You bting electtd a common council- man, for the city of , do swear by the name of the everliving God, that you will faithfully, and uprightly discharge the duties of that office, so long as you shall hold the same : So help you God. And the form of the oath, to be taken by the sheriffs of each city, shall be the same as is prescribed by law, to be taken by sheriffs. mutatis mutandis. And the form of the oath, to be taken by the clerk of each city, shall be as follows, to wit : You being chosen clerk of the city of , do swear by the name of the everliving God, that you will truly and faithfully attend, and execute the office of clerk of said city, according to your best skill, and make true entries and records of all the votes and proceedings of said city, and such other matters as by law, or by the by- faws of said city, are to be recorded in your office, and that Aldermen. Common council. Sheriffs. Clerk. Title 15. Cities. 119 you will deliver true copies of the records in your hands, zvft.fn they shall be required of you, taking only your law- ful fees : So help you God. Which oaths may be ad- By whom ad- ministered by a ,ustice of the peace, or by the mayor, or ministered, either of the aldermen of the city, provided they have been first sworn according to this act. And the person ad- ministering the oath, prescribed by this act, shall give a Certificate certificate thereof, to the person to whom he adminis- be iven tered it, which certificate shall be recorded in the re- and recorde cords of such city, before the person to whom it is given, shall be capable of executing the office to which he is chosen. SECT. 20. There shall be a court of common council of Power to each city, to be composed of the mayor, aldermen, and make by-laws- common council, who, by a ma;or vote, shall have power to make by-laws, relative to markets and com- merce, within the limits of said cities ; relative to persons summoned to attend as jurors at city courts, and neglect- ing to attend, or refusing to serve ; relative to the streets and highways of said cities ; relative to nuisances ; re- lative to the wharves, channels, anchoring and moor- ing of vessels ; relative to trees, planted for shade, orna- ment, convenience, or use, public or private, and to the fruit of such trees ; relative to trespasses commit- ted in gardens ; relative to the sweeping ofchimnies: relative to the forms of oaths to be taken by the treas- urers of said cities, and the inspectors of produce brought to said cities for sale or exportation ; relative to the man- ner of warning meetings of said cities, and the courts of common council, and the times and places of holding them ; relative to the qualifications, in point of property, of the mayor and aldermen ; relative to the bonds to be given, by the sheriffs of said cities, for a faithful dis- charge of their duty ; relative to the penalties to be in- curred by those, who, being chosen to any city office, shall, (not being excused by the city.), refuse to serve; relative to a city watch; relative to the burial of the dead ; relative to public lights and lamps ; relative to restraining horses, cattle, sheep, swine, and geese, from going at large with- in the limits of said cities ; relative to the mode of taxa- tion, as to taxes levied by said cities; relative to preserving said cities from exposure to fire ; and to prevent the future erection of any building or buildings, in the most com- pact and populous part of said cities, or fhe alteration, or appropriation of any buildings already erected, to be used for baker's shops, blacksmith's shops, hatter's shops, or tallow-chandler's shops, or any other buildings, for those or similar purposes, which, in the opinion of the conrunon council of said cities, respectively, shall more immediately expose said cities to injury, and destruction 120 Title 15. Cities. from fire. And the court of common council of each city, shall have power to designate and assign the limits to their said cities, within which no person or persons, shall be permitted in future to erect, use, or occupy any building or buildings of the kind, or for the use mention- ed in this act, without licence from the court of common council ; and to make by-laws relative to licensing and regulating cartmen, or truckmen, butchers, petty grocers, or hucksters, and common victuallers, under such re- strictions and limitations, as to them shall appear ne- cessary ; and relative to raising and collecting a revenue, by duties and indirect taxes, within said cities ; relative to the assize of bread, crackers, and biscuits, and other manufactories of flour, made and sold within said cities ; and for securing to the inhabitants of cities, and other per- sons, the exercise of their rights, in the use of the public squares, streets and highways within said cities, free from obstruction and molestation ; for designating the place or places for military parades, in or near said cities ; for lay- ing out and regulating public squares and walks ; for regu- lating military parades and rendezvous, within the limits of said cities ; and the marching of military companies with music in the streets of said cities ; for preventing and punishing trespasses on public buildings ; for defining the powers and duties of the city watch, and carrying them into effect ; and relative to preserving the health of the inhabitants of said cities ; relative to prohibiting and regulating the bringing in, and conveying out, or To inflict pen. storing of gun-powder in said cities ; and to inflict penal- ties and forfeitures of goods and chattels, for the breach of such by-laws ; which penalties and forfeitures, shall be to the use of said cities respectively, or to such person How recover- or persons, as the by-laws shall direct, to be recovered able. by the treasurers of said cities, for the use of the same, or by the persons to whom forfeited, in an action on such by-law, brought to the city court, in said city where the offence is committed ; in which action no ap- Limitation of peal shall be allowed:. Provided, that no penalty shall ex- penalties aod ceed the sum of thirty-four dollars ; and no forfeiture of iorfe:turs. goods and chattels, shall exceed the value of thirty-four dollars ; and provided, that such penalties shall not ex- ceed thirty-four dollars, for a quantity of gun-powder, not exceeding twenty-five pounds, and for each and evey further amount of twenty-five pounds, an additional penalty not exceeding fifteen dollars. And all penalties not exceeding seven dollars, may be sued for, before the mayor or aldermen of the city, in which the offence is committed : and the defendant shall have liberty to ap- peal, when judgment is rendered against him, to the next, Title 15. Cities. 121 city court, to be holden in and for said city, in the same manner as in other cases : provided, that no by-laws shall be made, repugnant to the laws of the state ; and that all by-laws made by the court of common council, shall be approved by the cities, in legal meeting as- sembled, and shall be published, at least three weeks sue- By-laws to be cessively, in some newspaper in, or nearest the cities published, where made, before the same shall be of any validity. And all the by-laws of said cities, shall, at any time, with- in six months after they are made, be liable to be repeal- May be re- ed, by the superior court, or supreme court of errors, in P ealed - the county to which the city belongs, if, on hearing, they shall be judged to be unreasonable or unjust. SECT. 21. The mayor, aldermen and common council Wayor,fcc. , of each city, shall have power to lay out new highways, Jer and ex- *' streets, and public walks for the use of the cities, or to change high- alter those already laid out, and exchange highways for ways- highways, or to sell highways for the purpose of purchas- ing other highways, taking the same measures, in all re- spects, as are directed by law, in case of highways to be laid out by the select-men, for the use of their towns ; and the party aggrieved, by the laying out of such streets, or highways, may have the same remedy, by application to the county courts, as is by law provided, in case of highways laid out by 'select-men. SECT. 22. Each city shall have power to appoint in- spectors of every kind of produce, of the United States, produce, brought to such city for sale and exportation. SECT. 23. All grants and leases of any real estate be- Grants and longing to either of said cities, signed by the mayor, and leases, sealed with the city seal, and approved by the city, in a legal meeting, and recorded in the town where the lands granted or leased lie, shall be effectual to convey such estate. SECT. 24. Whenever the mayor of either of said cities, Vacancies in or any other officer eligible by the freemen, shall resign, office, howswp- or be removed, by death or otherwise, another shalllbe ' lliedl elected in his place, and (if the appointment be annual) shall continue in olhce for the same time as the person whom he succeeds would have done, had he not resigned, or been removed. SECT. 25. The mayor of each city, or in his absence, Mayor &c. to the senior alderman present, at any meeting of the city, or be moderator any court of common council, shall, ex officio, be modera- of DieetiD ? s; tor thereof. A meeting of the city may be adjoiirned, which may from time to time, by a major vote of the freemen present. adjourn v And a special meeting of each city, may be called in such manner as said cities shall direct: and all questions, in a Ifi 122 Title 15. Cities. Major vote to decide. Firemen in the cilv of Hart- ford. Firemen in the ci!} '('New- Haven. Inhabitants to be part of town. Act may be altered. city meeting, shall be decided by a majority of the votes of the freemen present. SECT. 26. The common council of the city of Hartford may, on the first monday of J iy. annually, nominate and appoint thirty persons, living within the limits of said city, as fire-men, to serve in the two fire-companies, constituted in said city, by the by-laws thereof, to conduct the two fire- engines within the same ; and to nominate and appoint thirty persons to serve in an additional fire-company, constituted in said city, by the by-laws thereof, to work the fire-engines within the same, and shall, while actual- ly serving in said fire-companies, be exempted from mili- tary duty. SECT. 27. And the common council of the city of New- Haven may, at their annual meeting, in June, nominate and appoint two fire-companies, to consist of twenty men each, living within the limits of said city, to serve in the two fire-companies constituted in said city, by the by-laws thereof, to conduct and work the two fire-engines within the same ; and shall, while actually serving in said com- panies, be exempted from military duty. SECT. 28. The inhabitants liv ing within the limits of each city, shall be and remain a part of the town within which such city is situated. SECT. 29. If this act, or any of the provisions contain- ed in it, shall be found inconvenient, or in any respect inadequate, the same may be altered, or revoked, on re- presentation of either of said cities, by the general assem- bly. And this act shall be a public act. CHAP. II. composed of An Act to secure the cities of Hartford and New- Haven from damage by fire, by regulating the mode of building. T5 ^ ^ enacted by the Senate and House of Rep- ' lj resentatives, in General Assembly convened. Buildings tojbe That all meeting-houses, and dwelling-houses to be erect- ed within the limits hereinafter described, and all other buildings, having a chimney, fire-place, or stove, to be erected within the same limits, shall have their outer walls composed entirely of brick, or of stone, and mortar ; and all additions to be made to any house, or other build- ing, already erected, or hereafter to be erected, within the same limits, shall have their outer walls entirely com- posed of brick, or stone., and mortar ; provided such ad- dition have in it a chimney, fire-place or stove. brick or stone. Title 16. Cities. 123 SECT. 2. And the aforesaid regulations shall take place, Limits in and be established, in all parts of the city of Hartford, Hariford - comprehended within the limits following, to w.-t : begin- ning at the dividing line between Front-street and School- street ; thence running through the middle of the follow- ing streets, to wit, westwardly, through School-street and Mill-street, to Maiden-lane ; thence northwardly, through Maiden-lane andTrumbull-street,to Main-street ; thence south-easterly, through a part of Main-street, and eastwardly, through Morgan-street, to the place where Morgan-street intersects Meadow-lane ; thence due east to the bank of Connecticut river ; thence southwardly, on the bank of Connecticut river, to the north side of the large store formerly owned by William Ellery ; thence westwardly, in a straight line, to the north-west corner of the distillery formerly owned by George Merrill, and lately by Normand Butler ; thence southwardly, to the place of beginning. SECT. 3. And the aforesaid regulations shall take place, Limitsin and be established, in all that part of the city ofNew-Ha- New-Haven, ven, comprehended within the following limits, to wit : beginning near the house of Gilbert Totten, in the cen- tre of Water-street, where the centre of Meadow-street intersects the said Water-street ; thence up the centre of Meadow-street, to the place where that line intersects the centre of George-street, and comprehending all the land lying within one hundred and fifty feet of the westerly line of said street ; thence up George- street, in the cen- tre thereof, to a point one hundred and fifty feet west of the westerly line of Temple-street, and including all the land lying within one hundred and fifty feet of the south- westerly line of said street ; thence running easterly, in the line parallel with Temple-street, to a point one hun- dred and fifty feet south of the southerly line of Crown- street ; thence westerly, in the line parallel with Crown- street, and one hundred and fifty feet from the southerly side thereof, to a point one hundred and fifty feet west of High-street ; thence northerly, in a line parallel with High- street, one hundred and fifty feet west of the westerly side thereof, to a point one hundred and fifty feet north of the, northerly side of Elm-street ; thence easterly, in a line paral- lel with Elm-street, and one hundred and fifty feet from the northerly side thereof, to a point one hundred and fif- ty feet easterly of State-street ; thence southerly, in a line parallel with State-street, and one hundred and fifty feet from the easterly side thereof, to a point one hun- dred and fifty feet northerly of Court-street ; thence east- erly, in a line parallel with Court-street, and one hundred and fifty feet from the northerly side thereof, to a point one hundred and fifty feet easterly of Olive-street ; and thence 124 Title 15. Cities. Penalty. Houses to be fourfolded. Citiei may appoint com mittees. by a line parallel to Olive-street, and one hundred and fifty feet from the easterly side thereof, to a point one hun- dred and fifty feet easterly of that part of Water-street where Olive-street intersects the same ; thence to the outside of the Pier, or end of Long-wharf; and thence to the place of beginning ; including all the lands within said lines. SECT. 4. Every person who shall erect, add to, or cause to be erected or added to, any building, within the limits aforesaid, contrary to the provisions of this act, shall forfeit and pay to the treasury of the county in which the offence is committed, a fine of not less than one hundred dollars, nor more than one thousand dollars, according to the nature and aggravation of the offence. SECT. 5. And in addition to the fine aforesaid, all dwel- ling-houses erected, or added to. contrary to the provis- ions of this act, within the limits aforesaid, shall annually be assessed fourfold, in the list of that town and city, in which they are situated ; and other buildings erected or added to, contrary to the provisions of this act, shall be annually set in such lists at the sum of thirty dollars, and it shall be the duty of the assessors to set the same ac- cordingly, in the lists of said towns and cities ; and all such houses and buildings shall be forever afterwards rat- ed accordingly, in all taxes whatever, so long as such houses or buildings remain. SECT. 6. And each of the said cities of Hartford and New-Haven, in legal meeting assembled, shall have pow- er, annually, to appoint a committee of not less than three persons, whose duty it shall be. from time to time, to ex- amine, and enquire, in the city to which they belong, whether the mode of building, within the limits aforesaid, be conformable to this act, and report all breaches there- of, to the attorney for the state, in the county where the offence is committed, that the same may be prosecuted. And this act shall be a public act. CHAP. III. An Act regulating Side- Walks, in the cities of Hartford, New-Haven, and Middletown. SECT 1 Common E it enacted by the Senate and House of Rep- resentatives, in General Assembly convened, council to ree- That the courts of common council of the cities of Hart- uiate side- ford, New-Haven, and Middletown, shall have power, walks. from time to time, as public convenience may require, to designate and fix the width, course, height, and level of Title 15. Cities. 125 side-walks, in and upon the streets and highways in said cities. SECT. 2. And for the purpose of rendering such side- May compel walks convenient, said courts of common council may, JJJJ of from time to time, give order to the proprietor, or propri- g^e^to lev- etors of the lands and buildings fronting such side walks, el or rai*e, to at their own expence, to level or raise the same, on their fla S or P ave several fronts, according to the width, course, height and 1hem level, designated as aforesaid ; and also to pave, or to flag in such manner as said courts of common council, in each city, shall direct, any side-walk in said city, as well those which have heretofore been designated by said courts of common council, in pursuance of the by-laws of said cities, as those which shall hereafter be designated, in pursuance of this act. And said courts of common council may limit such time as they shaH deem reasona- ble, for levelling or raising, and for paving or flagging such side-walk; And in cases where the land or build- ings, fronting on such side-walks, shall be holden for a term of years, or any other estate, less than fee-simple, said courts of common council, in the city where appoint- ed, may, by their order, apportion, in such manner as they shall judge right, the expense of raising or levelling, and paving or flagging such side-walk, among the differ- ent pei-sons having an interest in the lands or buildings, holden as aforesaid. SECT. 3. And if any proprietor or proprietors, shall Mode of pro- neglect to level or raise, or to pave, or to flag any such ceed| o?< '" side-walk, in such manner and within such time, as said J e ^ e neg " courts of common council shall direct and limit, they may, in such case, appoint and employ some meet person, to raise and level, and to pave or flag such side-walk, on the front of the proprietor, or proprietors, neglecting as aforesaid ; and adjust and liquidate the expense thereof, and order'the same to be paid by the proprietor, or pro- prietors, neglecting as aforesaid ; and appoint a collector or collectors, to collect of each proprietor, the sum or sums respectively ordered to be paid as aforesaid, and pay the same, within such time as said courts of common council shall limit, and to such persons as they shall ap- point to receive the same, for the purpose of defraying such expence; and such courts of common council, shall cause such collectors duly to account therefor. And the mayor, or one of the aldermen of either of said cities, shall issue a warrant of distress to such collector, in the city where such mayor, or alderman belongs, authorising him to collect of such proprietor or proprietors, re>pect- ively, the sums ordered to be paid as aforesaid : and every such collector shall have the same power, shall 126 Title 15. Cities. Side-walks crossing Persons ag- grieved, how to obtain re- dress. proceed in the same manner, and be under the same regulations, as the law prescribes in the case of public taxes. SECT. 4. When any side-walk shall cross a street, or highway, the court of common council, in the city where such highway or street is. may cause the same in such place to be suitably levelled or raised, and paved or flag- ged, at the expence of such city. SECT. 5. If any person or persons, shall be aggrieved, by the doings of any court of common council, under this act. such person or persons may prefer his, her, or their complaint, to the next county court in the coun- ty where the city is situated, in which the grievance complained of was committed, against such city, by caus- ing a copy of such complaint to be left with the clerk of such city, at least twelve days before the sitting of such court ; and if said court, on hearing such complaint, shall be of opinion, that any part, or the whole of the expence, ordered to be paid by such persons, ought to be borne by said city, said court shall order and direct, that such complainant or complainants, be relieved from the pay- ment of such part, or the whole of such expence, as to them shall appear just and equitable ; and shall order that the expence for which relief shall be granted, as aforesaid, be paid by said city : and if it shall appear, on such hear- ing, that such complainant, or complainants, have actually paid any sum or sums of money, in consequence of any order made by said court of common council, as afore- said, which ought to be refunded, said county court may grant execution in favour of such complainant, or complainants, against said city for said sum or sums. CHAP. IV. Width of streets &c Building reg- ulated on pri- vate ways. An Act regulating the streets and buildings in the city of Hartford, and for preserving the health of the inhabitants thereof. SECT. L BE it enacted by the Senate and House of Rep- resentatives, in General Assembly convened, That hereafter there shall not be laid out in the city of Hartford, any public highway, street or alley, of less width than forty feet, except at its entrance, or at its intersec- tion of another street, highway or alley. SECT. 2. No house, shop or store, shall be erected, fronting upon any private way, street or alley, of less width than forty feet, which shall be hereafter laid out or opened, by any individual or individuals : Provided nev- Title 15. Cities. 127 ertheless, that the court of common council be, and Proviso as to they hereby are authorised, (if they see fit) to give special lu licence to any proprietor or proprietors of lands adjacent, to erect stores or shops, fronting upon such private ways, streets or alleys. SECT. 3. And every person, who shall, contrary to the Fine, provisions of this act, erect any house, shop or store, fronting upon any private way, street or alley, hereafter to be laid out or opened, shall forfeit and pay to the treas- urer of the county of Hartford, a fine of not less than one hundred dollars, nor more than five hundred dollars, ac- cording to the circumstances of the offence. SECT. 4. In addition to such fine, all dwelling-houses, Fourfold as- erected contrary to the provisions of this act, shall be sessment on annually assessed fourfold in the lists of polls and ratable g" 1 ^ 1 "?? estate of the town and of the city of Hartford ; and all trar/ to"aw other buildings, erected contrary to the provisions of this act. shall be annually set in such lists at the sum of thirty dollars ; and it shall be the duty of the listers, to set the same accordingly, in the lists of said town and city ; and all such houses and buildings shall be ever afterwards rated accordingly, in all taxes whatever. SECT. 5. The court of common council of said city, Common shall be, and they hereby are authorized and empowered, council may to designate lines on the lands of proprietors, adjoining j^f"^'^ the streets, highways and alleys, both public and private, front of build- already laid out, or hereafter to be laid out in said city, '*&*> between which lines and such streets, highways or alleys, no building, or part of a building, shall be erected : Pro- vided, sach lines be not more than fifteen feet distant from such street, highway, or alley. SECT. 6. And every person who shall, contrary to the Fine for provisions of this act. erect any building, or part of a trans g ress ' n S- building, between any such line and any such street, high- way or ajley, shall forfeit and pay to the treasurer of the county of Hartford, a line of not less than one hundred Fourfo1J as - dollars, nor more than five hundred dollars : and in addi- tion to such fine, all such buildings shall be assessed four- fold, and set in the lists, and rated in all taxes, in the same manner as is provided in the fourth section of this act. SECT. 7. For the purpose of promoting a free circula- tion of air in said city, said court of common council are Openings be- aut horized to designate and establish passways, and open- tween build- ings between the buildings in said city ; and if any person ings< shall, by erecting any building or other obstacle, obstruct the free circulation of air through any such passway or opening, he shall forfeit and pay to the treasurer of the county of Hartford, a fine of not less than one hun- dred dollars, nor more than five hundred dollars. 128 Title 15. Cities. Power* of the SECT. 8. Said court of common council shall be, and moTcoinctr the y hereb J are authorized and empowered, to cause all to prevent grounds in said city, where water at any time becomes stagnant wa- stagnant, to be raised and filled up, or drained ; and to ters. and to cause all putrid substances, whether animal or vegetable, ceanse ^ o ^ remove( j . an( j ^ o cause a n nuisances, injurious to health, to be abated, suppressed and removed. To fill up and SECT. 9. And to effect the purposes aforesaid, said court of common council, may, from time to time, as they SSJofthe shall judge it conducive to the health of the inhabitants of owner's refu- said city, give order to the proprietor or proprietors of any 8al ; and all grounds, sub ; ect, at any time, to be covered with stagnant water, to till up and raise such grounds, at their own expense ; and said court of common council, may de- signate how high such grounds shall be filled up, and rais- ed; and may limit such time as they shall deem reasonable, for filling up, and raising the same : and if such proprietor or proprietors, shall neglect to fill up, and raise such grounds, in such manner, and within such time, as said court of common council shall have designated and limi- ted, said court of common council may, in such case, appoint and employ some meet person or persons to fill up and raise such grounds, and may adjust, and liquidate the expense thereof, and apportion, and assess the same upon such proprietors, and make a rate-bill thereof, spe- cifying each proprietor's share of such expense, and ap- point a collector or collectors, to collect such assessment, and pay the same, within such time as said court of com- mon council shall limit, and to such person as they shall appoint to receive the same, for the purpose of defraying such expense ; and said court of common council shall cause such collector duly to account for the amount of such rate-bill : and the mayor, or one of the aldermen of said city, shall issue a warrant of distress to such collec- tor, authorizing him to collect such assessment of such proprietor or proprietors : and every such collector shall proceed in the same manner, and have the same powers, and be under the same regulations, as the law prescribes in case of collectors of public taxes. Provided, that whenever said court of common council, shall proceed according to the powers given to them as aforesaid, to cause any grounds subject to be covered Avith stagnant water to be tilled up, raised or drained ; or any putrid sub- stances ornuisances, injurious to health, to be removed: the said court of common council shall be, and they are hereby authorized and empowered, in every instance wherein they shall be of opinion, thatany part or the whole of such expense, so incurred, ought to be borne by said city, or cannot be obtained from any progrietor or pro- Title 15. Cities. 129 prietors, to order and direct, that such part, or the whole of such expence, shall be paid out of the treasu- ry of said city, and to draw orders on the treasurer of said city for the same. SECT. 10. If said court of common council, shall judge Or to drain it conductive to the health of the inhabitants of said city, low ground*, to open and establish drains in said city, said court of common council may designate the places where such drains shall be opened, and the depth, and width thereof ; and such drains may be opened through lands of individ- ual proprietors, as well as through public highways. And said court of common council may employ suitable persons to open such drains, and from time to time, to cleanse, and repair the same ; and may adjust and liqui- date the expence thereof, and apportion, and assess the same upon the several proprietors of the lands, through which such drains are opened, and also upon the pro- prietors of such grounds as are drained thereby ; and such assessment or assessments, shall be collected, ac- counted for, and paid over, in the manner prescribed in the preceding section ; and for those purposes, the same powers are hereby granted, and the same duties enjoin- ed. Provided always, that if any person shall be ag- Proviso, ali grieved, by the doings of the common council, under the l w > n g an ap* ninth and tenth sections of this act, or either of them, peal- he may prefer his complaint to the next county court, in the county of Hartford, against said city, by caus- ing a copy of such complaint, to be left with the clerk of said city, at least twelve days before the sitting of said court. And if said court, on a hearing of such complaint, shall be of the opinion that any part, or the whole of such expence, so incurred, ought to be borne by said city, said court shall order and direct, that such com- plainant be relieved from the payment of such part, or from the whole of such expence, as to them may ap- pear just and equitable. And if it shall appear, on such hearing, that said complainant hath actually paid any sum or sums of money, which ought to be refund- ed, said court may grant execution, in favour of such complainant, against said city, for such sum. SECT. 11. Said court of common council shall be, and To cause pu- they hereby are authorized and empowered to cause all *" to I putrid substances, of every kind, in said city, to be re- moved, moved, at the expense of the proprietors of the buildings or lands, wherein or whereon such putrid substances may be ; and the expense thereof shall be liquidated, collect- ed and paid, in the manner prescribed in the ninth sec- tion of this act ; and, to this end, the same powers are hereby granted, and the same duties enjoined. 17 130 Title 15. Cities. To make by- SEC T. 12. Full power and authority shall be, and here serVinJ health" b ^ is g railted to tne court f common council of said city, to make by-laws for preserving the health of the inhabit- ants of said city : Provided nevertheless, that such by- laws be approved and published, and be liable to be re- pealed, in the same manner as the by-laws which said court of common council are already authorized to make. Public act. SECT. 13. And this act shall be, to all intents and pur- poses, a public act. CHAP. V. An Act in addition to an act regulating {he streets and buildings in the city of Hartford, and for preserving the health of the inhabit- ants thereof. Notice to pro- prietors. Designation of line. Survey. Damage, by Whom to be paid. By whom to be estimated. Proviso, as to per,.,n S aggrieved. E it enacted by the Senate and House of Rep- tB resentatives, in (jfeneral Assembly convened, That when the court of common council of the city of Hartford, shall, in pursuance of the tifth section of the aforesaid act, designate a line or lines, on the lands of proprietors adjoining any street, highway or alley, public or private, said court of common council shall cause reasonable notice to be given to the proprietor or pro- prietors of the land,- where said line or lines are propos- ed to be designated, to be present, at the time such de- signation shall be made ; and in making such designation, due regard shall be, had to the general line of such street, highway or alley. And the court of common council shall cause a survey, in writing, to be made, containing a particular description of such line or lines, with the quan- tity of land on which the proprietor or proprietors are prohibited to build, which, being accepted by said court of common council, shall be recorded in the records of said city. And the damage done to such proprietor or proprietors, by such designation, shall be paid in whole, or in part, by the city, or in whole or in part, by the per- son or persons, who may apply for the same, as the court of common council shall direct; which damages shall be estimated by three judicious, disinterested freeholders of said city, or town of Hartford, who shall be appointed and sworn, by the mayor or senior alderman, and a certi- ficate thereof made, and recorded in the records of the city. And it shall be the duty of said freeholders, to make a return of- their doings, to the clerk of said city, who shall record the same. Provided neverthe- less, that if any person shall be aggrieved by the esti- Title 16. Communities. 131 mate of damages, as aforesaid, such aggrieved person Application may apply for relief to the next county court to be hoi- [^ be made den in said city, causing due notice to be given of such application, by leaving a copy thereof with the clerk of said city, which court shall enquire into the facts stated, and, if judged expedient, may set aside the doings of such freeholders, and appoint three other freeholders of said city or town of Hartford, to re-estimate such damages, Re-esfim.iteof who shall be sworn, and also cause due notice to be giv- damages, en to the parties interested, to be present at the time such estimate shall be made, and make a report of their doings to said county court, which, being accepted, shall be final and conclusive ; and the court may allow costs, or not, to either party, as it shall appear just and reason- able. SECT. 2. And the amount of damages so estimated, Within what shall be paid to such proprietor, or proprietors, or the tu " e! j: (!;>ma - money deposited with the treasurer of the city, subject ^id. d to his or their order, within three months from the rising of said next county court, if no application for a reassess- ment of damages has been made to said court ; and with- in six months from the rising of said court, where an ap- plication has been made, and new appraisers appointed ; and on failure thereof, in either of the cases aforesaid, the designation of such line or lines, shall be void. TITLE 16. Communities. An Act enabling Communities to enforce and de- fend their rights. SECT.l. BE it enacted by the Senate and House of Repre- sentatives, in General Assembly convend. That towns, and all lawful societies, communities, or corpora- Communities, tions, shallhavepowertocommenceandprosecuteanysuits how to sue or actions, to maintain and recover their rights, before any an court proper to try the same ; and may appear and prose- cute, by their agents or attornies, duly appointed, and may, in like manner, defend, in all suits brought against them ; and when sued, the service of the writ, by leaving a true and attested copy of it, by some proper officer, with their clerk, or either of the select-men, or of the committee, or the secretary or cashier, twelve days before the sitting of the court to which it is returnable, shall be sufficient notice for them to appear and answer. And where any community, or corporation, incorporated by authority of this state, transact their business in the same, and have no secretary, clerk, cashier, or other officer, residing therein*- 132 Title 17. Constables, May appoint agents. then a true and attested copy of the writ, left with the agent of such corporation, residing in this state, or if there be none, then at the house or place where such corpora- tion transact their business, and exercise their corpo- rate powers, shall be sufficient service of such writ. SECT. 2. All towns, and lawful societies, communities, and corporations, shall have power, in their lawful meetings, to appoint agents to appear in their behalf, and to employ attornies, if necessary, to prosecute or de- fend, in the suits in which they are parties. TITLE 17. Constables. Towns to ap- point consta- bles. Their power. To receive hue-and-cries; to put forth bue-and-cries to apprehend offender? ; An Act relating to Constables. 13 E it enacted by the Senate and House of Rep- JLJ resentatives, in General Assembly convened, That every town shall, at their annual meeting, appoint one constable, to levy and collect the state taxes, and such other number of constables as they may judge expe- dient, not exceeding seven, who shall take the oath pre- scribed by the constitution, for executive officers, on, or before the first Monday of January, in each year, and shall hold their offices until the next annual meeting of the town, or until others are chosen, and sworn in their room. SECT. 2. Constables shall have the same power within their own towns, to serve and execute all lawful writs, precepts, and warrants, directed to them, by lawful au- thority, as sheriffs have by law, within their counties, and shall be liable, in the same manner, for any neglect, de- fault, or misconduct in their office. SECT. 3. Constables shall duly receive all hue-and- cries, and the same diligently pursue to full effect ; and where they are granted, or sent out, after capital or crim- inal offenders, such pursuit shall be at the expense of the state ; but such as are taken out, by private persons, in their own cases, at the expense of those who take them out. SECT. 4. Constables shall have power to put forth ; pursuits, or hue-and-cries, after murderers, peace-break- ers, thieves, robbers, burglarians, and all capital or crim- inal offenders, when no justice of the peace is near at hand ; and also, without warrant, to apprehend such as are guilty of profane swearing, drunkenness, or sabbath- breaking, and them carry before the next justice of the peace, to be dealt with according to law : Provided, they Title l. Convicts. 133 be taken and apprehended in the act, or on present infor- mation of others. SECT. 5. Constables shall have power to command any may corn- person or persons to assist them, when necessary, in manrf assist- the execution of the duties of their office ; and if any ance> person shall refuse to assist them, having been duly re- quired, he shall forfeit a sum not exceeding seven dol- lars, nor less than two dollars ; which forfeitures shall be to the use of the town where the offence is committed. SECT. 6. And if any constable, or other person, upon Penalty for urgent occasion, shall refuse to aid in raising and pros- ^ editing hue-and-cries, either on foot, or by horse, (if need be,) against criminal offenders, he or they shall forfeit the sum of seven dollars, to the use aforesaid. TITLE 18. Convicts: An Act to prevent the importation of Convicts. BE it enacted by the. Senate and House of Representatives, in General Assembly convened, That no person con- victed of any crime in a foreign country, and sentenced Convicts may therefor to be transported abroad, shall be imported into this state ; and that any person, or persons, who shall im- port or bring into this state, any such convict, or be aid- ingand assistingtherein, knowing such person, so imported, to be a convict, and sentenced as aforesaid, shall forfeit and pay to the treasurer of the state, the sum of three hun- dred and thirty four dollars, for every such convict so im- ported as aforesaid : and whenever any person sail be pro- secuted for a breach of this act, he shall be deemed guilty of the same, upon proof that he has imported foreigners Mode of proof, into this state, or has been aiding or assisting therein, un- less he can show, to the satisfaction of the triers, that such foreigners were not convicts, and that he had lawful right to import the same. And it shall be the duty of attornies for the state, and grand-jurors, to make informa- tion and presentment of all breaches of this act. TITLE 19. Counterfeiting. An Act to prevent the passing of counterfeit Bills or Coins. - "13 E it enacted by the Senate and House of Rep- JD rtsentatives, in General Assembly convened, That when any false, forged, altered or counterfeit bill, Jj^JtateMd made in imitation of, and purporting to be, a bill of public cashiers of 134 Title 19. Counterfeiting. banks, author- credit, issued by the authority of the United States, or an? defer?* aij ^ ^ alse> ^ or g ed ' altered or counterfeit bill or note, issued counterfeit by the bank of the United States, or by any incorporated bills and notes, bank in this state, or any of the United States, shall be offered to be passed to the treasurer of the state, in pay- ment of debts or taxes, or to the cashiers of any of the banks in the state, in payment of debts, or to be exchang- ed, it shall be their duty, and they are hereby authorised, to seize and deface such counterfeit bills or notes, and to enter on the back thereof, the name of the possessor, and to deliver the same to some justice of the peace, for the purpose of further enquiry. Justices of the SECT. 2. When any justice of the peace shall see, or Sed C to U e\ze r " have knowled g e A any sucb - counterfeit bill or note, he and deface shall have power to seize and deface the same, and shall them. enter on the back thereof the name of the person from whom he takes it, and shall retain it in his possession. Any person SECT. 3. When any person shall discover that he has counterfeit * n n ' s P ossess ' on ? an ) such counterfeit bill or note, he bill or note shall deliver it to some justice of the peace ; and if such shall deliver it justice of the peace is of opinion, that such bill or note the* "Sace* f is counterfeit he shall enter on the back of it the name e peace. ^ ^ e p erson o f whom he received it, and that it was delivered to him as a counterfeit bill or note. SECT. 4. Every justice of the peace, who has received ticeeoi toe*' or taken a counterfeit bill or note, or with whom one has peace to ex- been lodged as aforesaid, may, at his discretion, cause the amine. bind person from whom it was siezed, taken or received, to over, or com- come before him, and examine him on oath, respecting the person of whom he received the same ; and in like man- ner, to make such further enquiry as he may deem expe- dient, to discover the person who forged or altered the same ; or who had passed it, knowing it to be forged or altered : and when he shall obtain satisfactory proof against any person, to require him to become bound, with sufficient surety, to appear before the proper court for trial, or to .commit him for want of bail. Proceedings SECT. 5. Every person, who shall deliver up a conn- by party re- terfeit bill or note, or from whom it shall be taken as ceivingacoun- aforesaid, may inform the person from whom he received note^to recov- **' w ^ n wnom it is lodged, and demand of him payment *r damages. of the same, and on refusal, may bring his action on this statute, before any court having cognizance thereof, to re- cover his just damages ; and if, on trial, such bill or note shall be found to be forged or altered, the court shall pro- ceed to examine the parties on oath, and enquire of any- other proper witnesses ; and if it shall be found, that the plaintiff received such bill of the defendant for a true bill, he shall recover his reasonable damages, and cost : Pro- Title 20. Counties. 135 vjded, that such suit shall be brought within one year Limitation of after passing such bill or note : and that the plaintiff shall *"'*' not have offered to return it to the defendant, before it was taken by, or lodged with, a justice of the peace as aforesaid : and provided also, that such suit may be brought, without giving information to the defendant, and making demand of payment, if the plaintiff, at the time of taking out the writ, shall make oath before the author- ity issuing the same, that he verily believes it is necessa- ry, in order to secure the demand. SECT. 6. Every person who shall have made satisfac- Party making tion for any such bill or note, taken or delivered up as satisfaction, to aforesaid, to the person to whom he put off the same, shall ^ e llke re ~ ... r , . i / i j me(J y over, have a like remedy against him from whom he received such bill or note : and justices of the peace, who shall have such bills or notes in their hands, shall, at the cost of the party, convey the same to any court, when neces- sary, in the trial of a cause. SECT. 7. When any false and counterfeit coin, made in Power of imitation of any currentgoldarid silver coin, shall be offer- UjjJJe^J* 1 " 3 ed to the treasurer of the stale, or to the cashier of a bank, seize counter- it shall be their duiy to seize and deliver the same to feit coin, some justice of the peace, with the name of the person from whom it is taken ; and every justice of the peace, who shall see or have knowledge of any such false and counterfeit coin, shall seize and detain the same; and every person who shall discover that he has in his pos- session any such false and counterfeit coin, shall deliver the same to some justice of the peace ; and the same measures shall be pursued to detect the counterfeiters, and the like remedy shall be given to the party aggrieved, as in the case of counterfeit bills and notes. TITLE 20. Counties. An Act for stating, limiting, and naming the Counties in this State. B; it enacted by the Senate and House of Rep- resentatives, in General Assembly convened, That the towns of Hartford, Berlin, Bristol, Burlington, Hartford Canton, East-Hartford, East- Windsor. Enfield, Farming- ton, Glastenbury, Granby, Hartland, Marlborough, Sims- bury, Southington, Suffield, Wethersfield and Windsor, shall be and remain one county, by the name of the County of Hartford. SECT. 2. The towns of New- Haven, Branford, Chesh- New-Haven- ire, Derby, East-Haven, Guilford, Hamden, Meriden, Middlebury, Milford, North-Haven, Oxford, Southbury, 136 Title 21. Courts. New-London. Fairfield. Litchfield. Wallingford, Waterbury, Wolcott, and Woodbridge, shall be and remain one county, by the name of the County of New-Haven. SECT. 3. The towns of New- London, Norwich, Bozrah, Colchester, Franklin, Griswold, Groton, Lisbon, Lyme, Montville, North-Stonington, Preston, Salem, Stoning- ton, and Waterford, shall be, and remain one county, by the name of the County of New-London. SECT. 4. The towns of Fairfield, Danbury, Bridgeport, Brookfield,Darien, Greenwich, Huntington, New-Canaan, New-Fairfield, Newtown, Norwalk, Reading, Ridgefield, Sherman, Stamford, Stratford, Trumbull, Weston and Wilton, shall be and remain one county, by the name of the County of Fairfield. SECT. 5. The towns of Brooklyn, Ashford, Canterbury, Columbia, Hampton, Killingly, Lebanon, Mansfield, Plainfield, Pomfret, Sterling, Thompson, Voluntown, Windham and Woodstock, shall be, and remain one coun- ty, by the name of the County of Windham. SECT. 6. The towns of Litchfield, Barkhamstead, Bethlehem, Canaan, Colebrook, Cornwall, Goshen, Har- winton, Kent, New-Hartford, New-Milford, Norfolk, Plymouth, Roxbury, Salisbury, Sharon, Torrington, War- ren, Washington, Watertown, Winchester and Woodbury, shall be, and remain one county, by the name of the County of Litchfield. SECT. 7. The towns of Middletowii, Haddam, Chat- ham, Durham, East-Haddam, Killingworth and Saybrook, shall be, and remain one county, by the name of the County of Middlesex. SECT. 8. The towns of Tolland, Bolton, Coventry, El- lington, Hebron, Somers, Stafford, Union, Vernon, and Wellington, shall be, and remain one county, by thr name of the County of Tolland. TITLE 21. Courts. An Act for constituting and regulating Courts, and for appointing the times and places of holding the same. [BE it enncledby the Senate and House of Rep- Seme court ' * JDI resentattves, in General Assembly convened, of errors con- That there shall be a supreme court of errors in thi* stituted. state, which shall consist of one chief judge and four as- sociate judges, who shall be appointed for that purpose, from time to time, by the general assembly, any three of Middlesex. Tolland. Title 21. Courts. 137 whom, when met for that purpose, agreeably to law, shall constitute a quorum, for doing the business of said court. SECT. 2. Every cause that shall be brought to, or re- Causes, where moved for trial, into the supreme court of errors, shall be triei- j j j. A i- u an adjoining judge of probate in an adjoining district, who may by district to ha VP law act, and who resides nearest to the residence of the cognizance ; judge so disqualified ; and the judge so residing in an ad- joining district, shall, in every such case, have full authori- ty to proceed to a final settlement of the estate of such deceased person, and shall cause his doings to be record- ed in the probate records of the district wherein such and when the deceased person dwelt. And if any claim on an insol- judge is dig- vent estate is to be reviewed in any probate district, and the judwr therein shall be related to any person interest- 19 146 Title 21. Courts. ed in such estate, in so near a degree as is herein specifi- ed, such claim shall be heard and decided by the judge who to act. of probate in an adjoining district, residing as aforesaid, and two justices of the peace, or one judge of the county court in the county ; and their judgment on such claim shall be final, and recorded in the records of the probate district, wherein such estate is settled ; and the judge of probate, in such district, shall conform to such judg- ment in further proceeding upon such estate. When office is SECT - 30. Whenever during the recess of the general vacant, who to assembly, the office of judge of probate, in any district, act. shall become vacant, by the death of the judge, the judge of probate of an adjoining district, who may by law act, and who resides nearest to the last residence of such deceased judge, shall have full power to execute the office of judge of probate in such vacant district, until a judge for such district shall be appointed and sworn. Courts to have SECT. 31. The supreme court of errors, the superior a seal. courts, the county courts and the courts of probate shall have a proper seal belonging to each of the said respec- tive courts, to be used for all causes, matters and things proper for said courts, respectively, and according to law ; each of which courts is hereby directed and empowered to procure its proper seal, which shall be lodged with the clerks of the respective courts, to be used by their di- rection. Justice court*. SEC T. 32. Be it further enacted, That each and every justice of the peace, duly appointed and sworn, may, and he is hereby authorized, from time to time, as there shall be occasion, to hold a justice court in the county, for which he shall be appointed ; and shall have cognizance Civil jurisdic- of all actions of a civil nature, legally brought before tion * him, and may hear, try and determine the same, and may render judgment, and grant execution thereon, ac- cording to law. And every justice of the peace, is here- by authorized to issue and sign any writs, warrants or Justices may other processes, according to law, either in civil or crim- n ' c * inal causes, which may be served and returned before any court in the state. May take con- SECT. 33. Any justice of the peace, within the county debt n f ^ or w h' c h he may be appointed, may take and accept a confession or acknowledgment of any debt, from a debtor to his creditor, for any sum not exceeding seventy dol- lars, together with the cost of such confession, as the parties shall agree ; which confession shall be made only by the person of the debtor himself: and on such con- fession, so made, the said justice shall make a record His executions thereof, and grant execution thereon, in due form of law. effectual. And all executions, granted and signed by a justice of the Title 15. Courts. 147 peace, according to law, shall be proceeded with, levied and executed, in the same manner, and have the same force, to all intents and purposes, as executions granted by the other courts. SECT. 34. And any justice of the peace, in any court, His criminal holden by him, in the county for which he may be ap- jurisdiction. pointed, shall have cognizance of all actions of a crimi- nal nature, that may be legally brought before him, and may proceed to trial, render judgment therein, and grant a warrant for the execution thereof, according to law. An appea j But the defendant, in all such actions or complaints, (ex- allowed. cept in actions or complaints for the crimes of drunken- ness, profane cursing and swearing and sabbath-breaking) may appeal from the judgment of the justice therein, to the county court, next to beholden in the county, where such justice court may have been holden. SECT. 35. And whenever any complaint, for any crimi- When acorn- nal matter, shall be legally brought before a justice of the plaint,not cog- peace, which is by law cognizable by a higher court, such ?|jjJ? ^ a . justice is hereby authorized to hear and enquire into the i^ought'be- facts relating thereto, and if thereupon he shall be of forehim,how opinion, that probable ground exists for the support of such complaint, he may order the defendant to give bond, or to enter into a recognizance, with sufficient surety, (provided the offence be by law bailable) condi- tioned that the defendant appear before the court hav- ing cognizance of the offence, at the next session thereof, to be holden in the county where the offence was com- mitted, and abide the order or judgment of said court, touching said complaint, which complaint the said justice shall transmit to said court, with his doings thereon in- dorsed 5 and on the failure of such defendant to give such bond, or to enter into such recognizance, or if the offence complained of be not bailable, it shall be the duty of said justice of the peace to order such defendant to be committed to the common gaol insaid county, till the next session of the court having cognizance of the offence, or till he shall be discharged by due course of law. SECT. 36. Any justice of the peace, in his county, shall have power, from his personal knowledge, ex officio, to !,"!;!f ^ , i i iii / peace require sureties of the peace and good behavior, from any bind to good person or persons, that threaten to beat or kill another, behavior. or contend, with hot and angry words, or by threats, tur- bulence and violence, or by any other unlawful act, terri- fy and disturb the good people of the state. And when- ever an individual shall complain, on oath, to a justice of the peace, against another, that he has just cause to fear that he will imprison, beat, or kill him, or procure others to do so, and that he is under fear of death, or bodily " eof I 148 Title 21. Courts. Judge, lac. ortaverner. What relation- ship shall dis- qualify. continuance of cause. County court, how formed, qualified. Removal of appealable ^rTor court Courts may tice, iicer- tain cases. harm, such justice of the peace may require sureties of the peace and good behavior, from the person so com- plained of; and if any person, being so ordered to find surety for the peace and good behavior, shall neglect or refuse to comply with such order, the justice of the peace ordering the same, may commit such person to the com- mon gaol, in the county where the person complained of resides, there to remain until he shall be discharged by due course of law, or until the next session of the county court, in said county ; which court may make further or- der, relating to the subject matter of the complaint. SECT. 37. No judge, or justice of the peace, shall hold the ffice of sheriff > deputy-sheriff, or constable, or be a taverner. SECT. 38. Whenever there shall be so near a relation- ship between any judge, or justice of the peace, and any party in a civil action, as between father and son, by na- ture or marriage, brother and brother, in like manner, uncle and nephew, in like manner, landlord and tenant ; or whenever any judge or justice may be liable, in any man- ner, to contribute, out of his estate, to the damages, cost or expences of any action ; or whenever he may receive a direct pecuniary benefit, by the determination thereof; in all such actions, the said judge or justice, shall be dis- qualified to act as judge, or render judgment. When a judge of the superior court shall be disqualified to sit in a cause depending before him, such cause shall be contin- ued to the next term of the court. SECT. 39. When all the judges of the county court shall be disqualified to sit in a cause pending before them, which is not appealable, the clerk of the court shall draw, by lot, from the names of all the justices of the peace, in the town where the court is sitting, the names of three justices of the peace, or if such town is interested, from any adjoining town, not interested ; and shall cause no- tice to be given to the three justices of the peace, drawn as aforesaid, who shall have power to try such cause, ac- cording to law : and if such cause shall be appealable, then the plaintiff shall have power to remove it to the nex * superior court, in the county, on giving bond, with surety, to prosecute his action to effect : and he may enter his action in the superior court, in the same manner as if appealed : and such superior court shall have power to proceed to final judgment, in the same manner as if the cause had been brought there by appeal. SECT. 40. The courts of law, may make such orders as they sha11 deem reasonable > relative to the notice wn ' cn sna N be given of petitions for new trials, writs of error, and appeals from courts of probate, whereof they Title 21. Courts. 149 respectively have cognizance, whenever the adverse par- ty or parties to such petition for a new trial, writ of error, or any person or persons are so interested in such appeal, as that they ought to be made parties thereto, reside without this state ; and such notice having heen given, pursuant to the orders of such courts respectively, in the mode therein prescribed, and duly proved to such courts, shall be deemed sufficient service. SECT. 41. The judges of the supreme court of errors, Judges, &c. of the superior and county courts, judges of probate, and ^ wa PP oult - justices of the peace, shall be appointed, by the concurrent vote of the senate and house of representatives ; and the judges of the supreme court of errors, and of the superior court, shall, in all cases, be chosen by ballot, in each house of the general assembly. And all judges and justices of Continuance the peace, annually appointed, commissioned and sworn, of office. shall be authorized and empowered to execute their offi- ces until the twentieth day of June, in the year next en- suing their appointment, unless their commission be soon- er revoked, or suspended, by act of the general assem- bly.(l) (1) The first legislators of this country had no idea of keeping separate the legis- lative, executive, and judicial branches of the government. All power was, at first, centered in one body ; and though, at times, judicial power was delegated to a particu- lar court, yet the ultimate right of decis- ion remained in the legislature. After they had received the charter, as appears in the revision of 1672, they established a court of assistants, to be holden in May and October, at Hartford, by the governor, or-deputy governor, and six assistants at least. Two county courts were to be hol- den in each county, by any three or more of the assistants. Every assistant had ju- risdiction of all causes to the amount of forty shillings, in the county in which he lived, and in towns where there was no as- sistant, commissioners, with two select- men, had a like power. Appeals would lie, in all cases, from an assistant to the county court; from the county court to the court of assistants ; and from that court to the general court. The admission of appeals to the general court did not long continue; for in the revision of 1702, no such right is allowed ; but the party ag- grieved by the judgment of a county court, had a right to appeal to the next court of assistants, and to review his cause in the same county court where it was tried; and the party aggrieved, on the trial hy review, had a right of appeal. Every cause could be reviewed in the court of assistants, ex- cept where it was appealed from the coun- ty court, on a judgment by review. The inconvenience of a court, organized like the court of assistants, induced the legisla- ture, in 1711, to constitute a. superior court, consisting of five judges, 'three of whom should be a quorum, to hold sessions twice in each year, in every county ; and thii< court consisted of the deputy-governor, and four assistants, annually appointed bj the legislature. In 1714, an act was passed, declaring, that actions, wherein the title of land wa.= not concerned, brought, by appeal, from the judgment of an assistant, or justice of the peace, to the county court, should not be reviewed or appealed from, but the first trial should be conclusive ; and that in ac- tions brought immediately to the county court, wherein the title of land was not concerned, and the demand did not exceed forty shillings, the judgment of the county court could not be appealed from, bu< might be reviewed. The legislature, how- ever, considering the great expence and delay, arising from the allowance of ap- peals and reviews, in all cases, passed an act, in 1725, prohibiting appeals, or re- views, where the matter in demand did not exceed twenty shillings ; and also, in all cases, in the county court, where the action was brought on a bill, or bond, for the payment of a certain sum of money only. In the revision of 1750, it appears that 150 Title 21. Courts. no appeal was admitted from the judgment of an assistant, or justice of the peace, un- less the demand exceeded twenty shillings, or where the action was on a bond or note, and the demand did not exceed forty shil- lings ; and that no appeal from, or review in, the county court, should be allowed, where the suit was brought on bonds, bills, or notes, for money or bills of credit only, vouched by two witnesses ; and that no ap- peal should be allowed from the county court, where the title of land was not con- cerned, and the demand did not exceed ten pounds ; and, in 1761, the right of review, in all civil actions, was taken away, and the power of granting new trials, was giv- en in lieu thereof. In the revision of 1784, the right of appeal from the county court, was taken away, unless the matter in de- mand exceeded twenty pounds ; which has been since altered to seventy dollars. Though the legislature constituted a ju- dicial department, yet they retained im- portant judicial power in their hands. Writs of error, in all questions of law, would lie from the superior court to the general assembly ; and they retained the exclusive jurisdiction, in all matters of equity. Many petitions of a private, and adversary nature, were brought before them ; the two houses assembled together for the purpose of a joint hearing of the causes ; and the principal part of the ses- sion was consumed in the proper business of the judiciary. But so great was the in- crease of applications, that in 1773, the legislature delegated to the courts of law, instead of creating a new tribunal, a con- siderable portion of their equity jurisdic- tion ; and, in process of time, divested themselves of all chancery power. So manifest was the impropriety of per- mitting the most numerous branch of the legislature to compose a part of the court of dernier resort, in questions of law, that, in 1784, the lieutenant-governor, and the council, were constituted to be the supreme court for the correction of errors; to which tribunal the governor was added, in 1793. Such was the accumulation of bu- siness in the superior court, that, in 1801, it became necessary to increase the num- ber of judges to six ; to divide the state into two circuits ; in the winter, to lie hold- en by three judges, while the whole num- ber composed the summer circuit, with a special view to decide questions of law. In 1806, another important alteration took place. It was thought, that the mem- bers of the legislative council, not elected with a view to their qualifications as judg- es, and many of whom were judges of the county courts, were not a proper tribunal to revise the decisions of the superior court, and be the ultimate arbiters of ques- tions of law ; and it was found, so great was the accumulation of business, that the new organization of the superior court did not enable it to try all the causes that came before it, within such reasonable time as the public interest required. Ac- cordingly, the number of judges was in- creased to nine ; the state was divided in- to three circuits, in which the courts were to be holden by three judges ; and the whole number constituted a supreme court of errors, to be holden at Hartford and New-Haven. Though the legislature, from time to time, had stripped themselves of their judi- cial power, by delegating it to other tribu- nals ; yet they did not wholly refrain from interposing in causes of an adversary na- ture. An opinion seems to have been en- tertained, that, as they were not limited in their power, like a judicial tribunal, they could, acting, on more elevated and ex- tended principles, do more complete jus- tice, than could be obtained in a court of law, or even in a court of equity. Of course, applications of a private nature, between party and party, were sometimes sustained, and decrees passed in favor of the applicants, not only where no court had a right to interpore, but against the es- tablished rules of law. Experience de- monstrated, that nothing could be more improper or dangerous, than the exercise of such an arbitrary discretion, by the le- gislature. Accordingly, the constitution has now, in conformity to correct prin- ciples, divided the powers of government into three distinct departments, and con- fided each of them to a separate magistra- cy : of course, the legislature cannot inter- pose in matters of a private nature, be- tween parties, without infringing that in- strument. The independence of the judi- ciary, so essential to a pure administration of justice, has been provided for, by the constitution ; and the judges are not now de- pendent on an annual appointment. The number has been reduced, by law, from nine to five, who constitute the supreme court of errors ; and a single judge, at the circuits, is vested with all the power for- merly given to the five judges. Title 22. Crimes and Punishments, 151 TITLE 22. Crimes and Punishments. An Act concerning Crimes and Punishments. SECT. 1. R E *' enactedb y. the Senate and House f Re P- Crimesagainst J resentatives, in General Assembly convened, the SOVE- That the offences hereinafter mentioned, shall be punish- REIGNTY OF ed as follows : Every person who shall commit treason T1 against this state, by levying war against the same, or Treagon by adhering to the enemies thereof, giving them aid and comfort, and be thereof duly convicted, shall suffer death. SECT. 2. Every person who shall endeavor to join the Misprisionof enemies of this state, or use his or her influence to per- treason, suade or induce any person or persons to join, aid, or comfort them, in any way or manner whatsoever, or shall have knowledge of any person or persons, endeavoring, or using their influence aforesaid, and shall conceal the same, being thereof duly convicted, shall be punished by a fine not exceeding one thousand dollars, and by impris- onment, in new-gate prison, for a term not exceeding seven years. SECT. 3. And be it further enacted, That every person Crimesagainst who shall commit murder, and be thereof duly convicted, the LIVES AND shall suffer death. SECT. 4. Every person who shall commit manslaughter, Murder. and be thereof duly convicted, shall forfeit and pay a fine Manslaughter. not exceeding five hundred dollars, and suffer imprison- ment in a common gaol, or in new-gate prison, at the dis- cretion of the court having cognizance of the offence, for a term not exceeding three years, nor less than six months. SECT. 5. Every person who shall commit perjury, with an intention thereby to take away the life of any person, P er J UI 7> with and be thereof duly convicted, shall suffer death. LwaySife SECT. 6. Every person who shall commit arson, and shall thereby cause the death, or endanger the life, of any per- Ca 12g son, and shall be thereofduly convicted, shall suffer death. SECT. 7. Every person who shall wilfully burn any building, other than a dwelling-house, or an out-house bidWing^^ parcel thereof, or any vessel, and shall thereby cause the thereby caus- death of any person, being thereof duly convicted, shall in S death - suffer death. SECT. 8. Every person who shall, of malice afore- thought, and by lying in wait, cut out or disable the tongue tonguef &c* of another, or put out the eye or eyes of another, so that the person is thereby made blind, or cut off ail or any of the privy members of another, and shall be thereof duly convicted, shall suffer death. 152 Title 22. Crimes and Punishments. Putting out SECT. 9. Every person who shall, of malice afore- thought, put out an eye, slit the nose, cut or bite off the 4 nose, ear or lip, or cut, or bite off, or disable any limb ^or member of another person, with an intention in so aoing to maim or disfigure such person, and shall be there- of duly convicted, shall suffer imprisonment, in new- gate prison, during his natural life, or for such other term as the court having cognizance of the offence shall de- termine. SECT. 10. Every person who shall commit the crime of rape, and be thereof duly convicted, shall suffer death. SECT. 11. Every person who shall carnally know and abuse any female child, under the age of ten years, and shall be thereof duly convicted, shall suffer imprisonment, in new-gate prison, during his natural life, or for such other term as the court having cognizance of the offence shall determine. SECT. 12. Every person who shall, with actual vio- lence, an assault make on the body of any female, with an intention to commit a rape, arid shall be thereof duly convicted, shall suffer imprisonment, iu new-gate prison, during his natural life, or for such other term as the courl having cognizance of the offence shall determine. SECT. 13. Every person who shall, with actual vio- lence, an assault make on another person, with an inten- tion him or her to kill or rob, and shall be thereof duly convicted, shall suffer imprisonment, in new-gate prison, during his natural life, or for such other term as the court having cognizance of the offence shall determine. SECT. 14. Every person who shall, wilfully and mali- Abuse of fe- male child. Intent to com- mit a rape. Intent to kill of rob. Administering tent to murder" c i us ' v ? administer to, or cause to be administered to, or tent to murder, or cause ; carriage. Secret deliv- ery of a bas- tard child. taken by, any person or persons, any deadly poison, or other noxious and destructive substance, with an inten- tion him, her or them, thereby to murder or thereby to cause or procure the miscarriage of auy woman, then being quick with child, and shall be thereof duly con- victed, shall suffer imprisonment, in new-s;ate prison, during his natural life, or for such other term as the court having cognizance of the offence shall deic.-;nine. SE('T. 15. If any woman shall conceal her pregnancy. and shall willingly be delivered in secret, by herself, of any issue of her body, male or female, which shall by law be a bastard ; every such woman, so offending, being thereof duly convicted, before the superior or county court, shall pay a fine not exceeding the sum of one hun- dred and fifty dollars, or be imprisoned uot exceeding three months, at the discretion of the court having cog- nizance of the offence. Title 22. Crimes and Punishments. 153 SECT. 16. If any woman shall endeavour privately, Concealment either by herself, or the procurement of others, to con- ceal the death of any such issue of her body, which, if it were born alive, would by law be a bastard, so that it may not come to light whether it were born alive or not, or whether it were murdered or not ; every such woman, so offending, being thereof duly convicted, before the superior or county court, shall be set on a gallows, with a rope about her neck, for the space of one hour ; and be further punished, by being bound to her good behav- ior, and imprisoned for a term not exceeding one year, at the discretion of the court having cognizance of the offence.(l) SECT. 17. Every person who shall kidnap, or forcibly . , or fraudulently carry off, or decoy out of this state, any free person, or person entitled to freedom, or, shall arrest and imprison any free person, or person entitled to freedom, knowing such person to be free or entitled to freedom, with an intention to have such person carried out of this state, and shall be thereof duly convicted, before the superior or county court, shall forfeit and pay the sum of four hundred dollars, one half to him or them 'who shall sue for and prosecute the same to effect, and the other half to the use of this state. Provided, that nothing in p rov j so \ this section, shall operate to prevent persons coming into this state, for the purpose of temporary residence, or passing through the same, from carrying with them their servants, nor to prevent persons moving out of the state for the purpose of residence, from carrying and transporting with them such servants as belong to them, or to prevent persons living within this state, from direct- ing their servants out of the state about their ordinary and necessary business. SECT. 18. dud be it further enacted, That every per- . , i ii -ir ii i r i u j i Crimes a- son who shall wilfully, and maliciously, burn or destroy, ga inst PCBT.IC or attempt, or conspire, to burn or destroy any mag- PROPERTY. azine of provisions, or of military, or of naval stores, Destroying belonging to this state, or subject to the jurisdiction magazine," &<-. thereof, and shall be thereof duly convicted, shall suf- fer imprisonment, in new-gate prison, during his natu- ral life, or for such other term as the court having cogni- zance of the offence shall determine. (1) In the revision in 1702, there is a evidence, that the bastard child was born statute copied from a statute in England, alive to convict the mother; yet as there wa. 21 Jac. 1 ch. 27. declaring, That the a possibility, that, in some cases, an innocent concealing the death of a bastard child, woman might be convicted, under such v should be evidence of murder, by the moth- law, the present provision was introduced er, unless she could prove it to be born dead, in 1808. Though courts bad always required some 20 154 Title 22. Crimes and Punishments, Burning state- SECT. 19. Every person who shall wilfully and ma- bouse, c. liciously burn, or attempt, or conspire to burn, any state- house, court-house, county-house, town-house, arsenal, magazine, prison, gaol, work-house, poor-house, marketer other building belonging to this state, or to any county, town, city or borough in this state ; or any church, chapel, meeting-house, or other building used for religious wor- ship ; or any college, academy, school-house, or other building used for literary instruction ; and shall be there- of duly convicted, shall suffer imprisonment, in new-gate prison, for a term not exceeding seven years. Forgingpublic SECT. 20. If any person shall falsely make, forge, or securities, &c. counterfeit, or cause to be falsely made, forged or coun- terfeited, any warrant, order, certificate, or other public security, whereby money may be drawn from the treasu- ry of this state, or from the treasury of any county, town, city, borough, or ecclesiastical, or school society, in this state; or shall alter any such warrant, order, certificate, or public security, so that the same shall appear to be of greater value ; or shall alter, pass, or give in payment, or offer to pass, or give in payment, any such forged, counterfeited, or altered warrant, order, certificate, or public security, knowing it to be such ; with an inten- tion to defraud this state, or any body politic or corpo- rate, or any person or persons ; every such person, so offending, being thereof duly convicted, shall suffer im- prisonment, in new-gate prison, for a term not exceeding three years. Crimesagainst SECT. 21. And be it further enacted, That every per- FRIVAT.EPRO- son, who shall commit robbery, and shall be thereof duly convicted, shall suffer imprisonment, in new-gate prison, Robbery. fo r a term not exceeding seven years. Burglary. SECT. 22. Every person who shall commit burglary, and shall be thereof duly convicted, shall suffer imprison- ment in new-gate prison, for a term not exceeding three years. Robbery or SECT. 23. Every person who shall commit robbery or burglary, with burglary, and shall, in the perpetration thereof, be guilty of abuse"* 1 an ^ P ersona ' aDuse ? force or violence, or shall be so armed with any dangerous armour or weapon, as clearly to in- dicate violent intentions, and shall be thereof duly con- victed, shall suffer imprisonment, in new-gate prison, du- ring his natural life, or for such other term, not less than seven years, as the court having cognizance of the offence shall determine. SECT. 24. Every person who shall, in the night season, intent to c-om- break an d enter the store, shop, ware-house, or out-house of another, whether parcel of any mansion house or not, wherein goods, wares or merchandize are deposited, with Titled. Crimes and Punishments. 155 an intention to commit theft within the same, and shall be thereof duly convicted,shall suffer imprisonment, in new-gate prison, for a term not exceeding three years. SECT. 25. Every person who shall break and enter the Breaking dwelling-house of another, in the day time, any person dwelling-houie being therein, and thereby put in fear or dread, with an mda yf ime - intention to commit theft therein, and shall be thereof duly convicted, shall suffer imprisonment, in new-gate / prison, for a term not exceeding three years. SECT. 2G. Every person who shall commit arson, and Arson. be thereof duly convicted, shall suffer imprisonment, in new-gate prison, for a term not exceeding seven years. SECT. 27. Every person who shall wilfully burn, being Burning ves- the property of another, any ship or other vessel ; any el, office, Sit. office, store, shop, warehouse, mill, distillery, brewery or manufactory ; or any barn, stable or other out-house, not parcel of any dwelling-house ; and shall be thereof duly convicted, shall suffer imprisonment, in new-gate prison, for a term not exceeding seven years. SECT. 28. Every person, being the owner or tenant of Burning one'i any house, out-house, office, store, shop, warehouse, mill, no . u se, &c. distillery, brewery or manufactory, who shall wilfully burn the same, with an intention thereby to defraud or er. prejudice any person, or body politic or corporate, that hath underwritten, or shall underwrite any policy or policies of insurance thereon, or on any goods, wares or merchandize therein, and shall be thereof duly convict- ed, shall suffer imprisonment, in new-gate prison, for a term not exceeding seven years. SECT. 29. Every person being the owner of, or captain, Destroying master, officer or mariner, belonging to any ship or ves- vessel, with sel, who shall wilfully cast away, burn or otherwise de- intent to de- stroy the ship or vessel of which he is owner, or to which insurers, he belongeth, with an intention thereby to defraud or prejudice any person, or body politic or corporate, that hath underwritten, or shall underwrite any policy or policies of insurance thereon, or on the cargo thereof, or any merchant that hath laden, or shall load goods thereon, or any owner or owners of such ship or vessel, and shall be thereof duly convicted, shall suffer imprisonment in new-gate prison for a term not exceeding seven years. SECT. 30. If any person shall falsely make, alter, forge or counterfeit, or cause to be falsely made, altered, forg- ed or counterfeited, any deed or writing sealed, instru- ment of conveyance, will, testament, codicil, bond, writ- ing obligatory, promissory note, bill of exchange, bill of lading, acceptance of any bill of exchange, indorsement or assignment of any bill or note, letter of credit, warrant or order for payment of money or delivery of goods, re- v \ \ 13(5 Title 22. Crimea and Punishments. ceipt, release, acquittance, letter of attorney, or any other writing of any person or persons, or body politic or cor- porate, with an intention to defraud or prejudice any person or persons, or body politic or corporate ; or shall, with like intention, alter or publish as true any false, forged or counterfeited deed, or writing sealed, instru- ment of conveyance, will, testament, codicil, bond, writing obligatory, promissory note, bill of exchange, bill of lading, acceptance of any bill of exchange, indorse- ment or assignment of any bill or note, letter of credit, warrant or order for the payment of money or delivery of goods, receipt, release, acquittance, letter of attorney or other writing, of any person or persons, or body politic or corporate, knowing the same to be false, altered, forg- ed or counterfeited ; every person, so offending, being thereof duly convicted, shall suffer imprisonment, in new-gate prison, for a term not exceeding three years ; and shall render and pay to the party or parties injured thereby, double damages, to be recovered by action, founded on this statute ; and shall be rendered incapable and disabled to give any evidence or verdict in any court or judicial proceeding. Counterfeiting SECT. 31. If any person shall counterfeit, or cause or coin. procure to be counterfeited, any of the species of gold or silver coins now current, or hereafter to be current in this state ; or shall pass or give in payment, or offer to pass or give in payment the same; or to permit, cause or pro- cure the same to be altered or passed, with an intention to defraud any person or body politic or corporate, know- ing the same to be counterfeited ; every such person, so offending, being thereof duly convicted, shall be impris- oned, in new-gate prison, for a term not exceeding three years. Possessin SECT. 32. If any person shall have in his possession, w^th^intent to or receive from any other person, any counterfeited gold pass counter- or silver coins, of the species now current, or hereafter felted coin. t o b e current, in this state, with an intention to utter or pass the same, or to permit, cause or procure the same to be uttered or passed, with an intention to defraud any person or body politic or corporate, knowing the same to be counterfeited ; every such person, so offending, being thereof duly convicted, shall suffer imprisonment, in new- gate prison, for a term not exceeding three years. Selling, &c. SECT. 33. If any person shall sell, or exchange, or give jownterfeited i n payment, or offer to sell, or exchange, or give in pay- "nt'to have 1 ment ; any forged or counterfeited bill of exchange, promis- same pas- sory note, bank bill or bank check, with intention to have the same uttered or passed, to defraud any person or body- politic or corporate ; every such person, so offending, Title 22. Crimes and Punishments. 157 being thereof duly convicted, shall suffer imprisonment, in new-gate prison, for a term not exceeding three years. SECT. 34. If any person shall make or engrave, or Making plate , cause or procure to be made or engraved, any plate for for counterfeit- forging or counterfeiting any promissory note, or bill, for in g bil ' 8 - the payment of money, in the name of any person or persons, or body politic, or corporate ; every such per- son, so offending, being thereof duly convicted, shall suffer imprisonment, in new-gate prison, for a term not exceeding three years. SECT. 35. If any person shall have in his possession, Possessing, or receive from any other person, any forged or counter- with intent to feited promissory note or bill, for the payment of money, J?*?* f"n nter ~ with intention to utter or pass the same, or to permit, \ cause or procure the same to be uttered or passed, with \ intention to defraud any person, or body politic or corpo- rate, knowing the same to be forged or counterfeited ; every such person, so offending, being thereof duly con- victed, shall suffer imprisonment, in new-gate prison, for a term not exceeding three years. SECT. 36. If any person shall have, or keep in his Possessing custody or possession, any blank, or unfinished note or blank bills, bill, made in the form or similitude of any promissory j th inl *nt to note or bill, for the payment of money, made to be issued the u j ^ pas? by any incorporated bank or company in this state, or in fraudulently, the United States, with an intention to fill up and com- plete such blank and unfinished note or bill, or to permit, cause or procure the same to be filled up and completed, in order to utter and pass the same, or to permit, cause or procure the same to be uttered or passed, to defraud any person or body politic or corporate ; such person in whose custody or possession any such blank or unfinished note or bill shall be found, being thereof duly convicted, shall suffer imprisonment, in new-gate prison, for a term not exceeding three years. SECT. 37. If any person shall have, or keep in his p ogg< custody or possession, any plate for forging or counter- plates for^ for- feiting any promissory note, or bill, for the payment of ging bank money, in the form or similitude of any promissory note, bl11 "' or bill, issued by any incorporated bank, or company in this state, or in the United States, with intention to forge or counterfeit, or to permit, cause, or procure to be forg- ed or counterfeited, any promissory note, or bill, issued by any incorporated bank or company, as aforesaid; such person, in whose custody or possession such plate shall be found, being thereof duly convicted, shall suffer imprison- ment, in new-gate prison, for a term not exceeding three years. 158 Title 22. Crimes and Punishments. Horse-steal- ing, Stealing from the person at a fire. Stealing from the person. Breaking and stealing from a building in confined in new-gate prison, or attempt the same, or shall give any help or assistance therein, and shall be thereof duly convicted, shall suffer imprisonment, in new-gate prison, for a term not exceeding six years. SECT. 50. If any person shall abuse any justice of the peace, or resist, or abuse any sheriff, constable, or other officer, in the execution of his office; such person shall find sureties for the peace and good behavior, until the next county court in that county ; or, on refusal, may be commit- ted to the common gaol, there to remai n until the next coun- ty court, which court shall take cognizance of the offence ; and such offender, being thereof duly convicted, shail be punished, by a fine, not exceeding thirty-four dollars, or by imprisonment, in a common gaol, not exceeding two months, or by such fine and imprisonment both, at the discretion of said court. SECT. 51. If any person shall be a common barrator, and be thereof duly convicted, before the county court, he shall pay a fine of seventeen dollars, and become bound. Title 22. Crimes and Punishments. 161 with one surety, for his good behavior, for a term not lesi than one year. SECT. 52. And be it further enacted, That if any per- Crimesagainst son shall challenge the person of another, or shall accept tne * UBL1C any such challenge, to fight at sword, pistol, rapier, or ChaUen to a other dangerous weapons, such person, so challenging or 4^ ense accepting, being thereof duly convicted, shall forfeit and pay, for every such offence, the sum o^three thousand dollars, and shall, also, find sufficient sureties, to the ac- ceptance of the court having cognizance of the offence, for his good behavior, during life ; and such person shall, forever after such conviction, be disabled from holding any office of profit or honor, under this state ; and if such convict shall be unable, or neglect to pay said forfeiture, he shall be imprisoned, in a common gaol, for the term of one year. SECT. 53. If any person shall willingly, or knowingly, Delivering carry, or deliver any written challenge, or verbally deliv- challen ff e - er any message, meant as, or purporting to be, a challenge, or shall be present at the fighting of any duel as aforesaid, as a second or aid, or give countenance thereto; such per- son, so offending, being thereof duly convicted, shall be subject to the same forfeitures, and suffer the same pun- ishment and disability, as for sending or accepting a chal- lenge as aforesaid, saving only finding sureties for good behavior during life, as before provided. SECT. 54. If any three, or more persons shall come, or assemble themselves together, with intention to do any unlawful act, with force or violence, against the peace, or to the manifest terror of the people, and being required or commanded, by any of the civil authority, or by any sheriff, or deputy-sheriff, or by any one or more of the select-men, or constables of any town, wherein such as- sembly shall be, by proclamation made in the name of j the state, in the form prescribed by law, shall not dis- perse themselves, and peaceably depart to their habita- tions, or to their lawful business ; or s having so assembled as aforesaid, shall do any unlawful act against any man's person, possession, or property, or against the public in- terest, in any particular, in manner as aforesaid; every such I person, so offending, being thereof duly convicted, be- / fore the superior or county court, shall be punished by a fine not exceeding the sum of sixty-seven dollars, or bjr imprisonment, in a common gaol, not exceeding six months, or by such fine and imprisonment both, at the \ discretion of the court having cognizance of the, offence. ) SECT. 55. If any person or persons shall, with force Obstructing and arms, wilfully and knowingly, oppose, obstruct, or in any manner let. hinder, or hurt any person or persons, 162 Title 22. Crimes and Punishments. who bhall go, attempt, or begin to make proclamation against riot, in manner and form prescribed by law; every such person, so offending, being thereof duly convicted, before the superior or county court, shall be punished by a fine not exceeding the sum of sixty-seven dollars, or by imprisonment in a common gaol, not exceeding six months, or by such fine and imprisonment both, at the discretion of the court ha^ng cognizance of the offence. Continuing to- SECT. 56. If any persons, so being unlawfully and riot- ge'hor after ously assembled, to the number of three or more, to proclamation. w j, om proclamation should, or ought to have been made, if the same had not been hindered as aforesaid, shall con- tinue together, and not immediately disperse themselves, after such let or hindrance so made, having knowledge thereof; every such person, so offending, being thereof duly convicted, before the superior or county court, shall be pun- ished by a fine not exceeding the sum of sixty-seven dol- lars, or by imprisonment, in a common gaol, not exceeding six' months, or by such fine and imprisonment both, at the discretion of the court having cognizance of the offence. Destroying SECT. 57. If any person or persons, in the night season, turnpike prop- O r in a riotous and tumultuous manner, or, being armed o r t T. 1D ^ and disguised in their persons, dress or appearance, shall ^riotously? break, destroy, pull down, remove, or in any way or man- ner, injure any gate, toll-house, or fence, erected across any highway, to prevent the passing by any gate, belong- ing to any turnpike company in this state, or to any com- pany incorporated for supporting any toll-bridge in this state; every such person, so offending, being thereof duly convicted, before the superior or county court, shall pay a fine not exceeding one hundred dollars, and suffer im- prisonment, in a common gaol, fora term not exceeding six months. Breaking win- SECT. 58. If any person or persons shall, in the night dews, &c. m season, maliciously and wilfully break any window, or son 11 Ca " windows, door or doors, in any dwelling-house in this state, in which any family or families dwell or reside; ev- ery such person, being thereof duly convicted, shall be punished by a fine, not exceeding one hundred dollars, or by imprisonment, in a common gaol, not exceeding six months, or by such fine and imprisonment both, at the discretion of the court having cognizance of the offence. SECT. 59. If any person or persons shall disturb or break the peace, by tumultuous and offensive carriage, threatening, traducing, quarrelling, challenging, assault- ing, beating, or striking any other person ; every such person, so offending, being thereof duly convicted, before the county court, or a justice of the peace, shall pay such fine, not exceeding one hundred dollars, as, on conside- Title 22. Crimes and Punishments. 163, ration of the party offending, the party aggrieved, the instrument used, the degree of danger, the time, place, and provocation, shall be judged just and reasonable, or shall suffer imprisonment, in a common gaol, not exceed- ing six months, or shall pay such fine, and s.;ffer such im- prisonment both, at the discretion of the court having cognizance of the offence : Provided, that no justice of Limitation of the peace shall, for any such offence, inflict a greater JJJSoB?!~~ punishment than a fine of seven dollars, and imprison- peace, ment for one month ; but if such offence, in the opinion of said justice, be of so aggravated a nature, as to require. a greater punishment, the offender shall be bound over to the next county court, to answer for such offence. SECT. 60. And be it further enacted, That every per- Crimesagainst eon who shall have carnal knowledge of any man, against CHASTITY - the order of nature, being thereof duly convicted, shall Sodom y- suffer imprisonment, in new-gate prison, during his natu- ral life; except it shall appear, that one of the parties was forced, or under fifteen years of age ; in which case the party forced, or under the age aforesaid, shall not be liable to suffer the said punishment. SECT. 61. Every man or woman, who shall have car- Bestiality, nal copulation with any beast, and shall be thereof duly convicted, shall suffer imprisonment, in new-gate prison, during his or her natural life. SECT. 62. If any man shall commit adultery with a Adultery, married woman, each of them, being thereof duly con- victed, shall be punished by imprisonment, the man in new-gate prison, and the woman in a common gaol, for a term not exceeding five years, nor less than two years.(2) \ SECT. 63. No man shall marry any woman within the i n cet. \ following degrees of kindred ; that is to say, no man shall \ marry his grand-father's wife, wife's grand-mother, fa- ther's sister, mother's sister, father's brother's wife, moth- er's brother's wife, wife's father's sister, wife's mother's j sister, father's wife, wife's mother, daughter, wife's daugh- t ter, sou's wife, sister, son's daughter, daughter's daughter, son's son's wife, daughter's son's wife, wife's son's daugh- ter, wife's daughter's daughter, brother's daughter, sister's daughter, brother's son's wife, sister's son's wife. And every man and woman who shall marry, or carnally know j each other, being within any of the degrees of kindred (2) The punishment of this crime was, ped, by a justice of the peace. A punish- at first, whipping, branding on the forehead ment fixing sucli a mark of infamy on the with the letter A, and wearing a halter person of the offender, which could not b about the neck, during their residence in the effaced by reformation, was properly ex- state ; and if found without such halter, changed for imprisonment in new-gate, they were liable to be ordered to be whip- 164 Title 22. Crimes and Punishments. Bigamy. Fornication. Lascivious carriage. Crimes against MORA LIT* AKB DECEN- CY. Blasphemy. \ aforesaid, and shall be thereof duly convicted, shall be punished by imprisonment, the man in new-gate prison, and the woman in a common gaol, for a term not exceed- ing five years, nor less than two years. And every mar- riage, within any of the degrees of kindred aforesaid, shall be, and is hereby declared to be, to all intents and pur* poses, null and void. SECT. 64. If any married person, his or her lawful wife or husband being alive, shall marry any other person ; or if any single person shall marry any married person, his or her lawful wife or husband being alive ; or if any per- sons, so unlawfully married, shall continue to live togeth- er, as husband and wife ; every person, knowingly of- fending, in either of the cases aforesaid, shall suffer the same punishment as is provided by law, for the crime of adultery ; and such unlawful marriage shall be, and is hereby declared to be, to all intents and purposes, null and void. SECT. 65. If any man shall commit fornication with any single woman, each of them, being thereof duly con- victed, before the county court, or a justice of the peace, shall pay a fine of seven dollars, or suffer imprisonment, in a common gaol, for the term of one month, at the dis- cretion of the court having cognizance of the offence. SECT. 66. Every person who shall be guilty of lasciv- ious carriage and behavior, and shall be thereof duly con- victed, before the county court, or a justice of the peace, shall be punished by fine, not exceeding ten dollars, or by imprisonment, in a common gaol, not exceeding two months, or by such fine and imprisonment both, at the discretion of the court having cognizance of the of- fence.(3) SECT. 67. And be it further enacted^ That every per- son who shall be guilty of blasphemy against God. or either of the persons of the Holy Trinity, or the Christian reli- gion, or the holy scriptures, and shall be thereof duly con- victed, before the superior court, shall be punished, by a fine not exceeding one hundred dollars, and by impris- (3) This law originated from the pecul- iar sentiments of the first settlers respecting the intercourse of the sexes, and was occa- sioned by a prosecution for this offence before the particular court (as it was cal- led) in 1642. The act was passed in De- cember, 1642, and appears in the revision of 1672, and has ever since been continued. Though the definition of this crime is ex- pressed in terms so general as to give to courts an unbounded latitude of discretion, hardly compatible with civil liberty ; yet as a construction has been given by the su- preme court of errors, which will compre- hend only offences that ought to be re- strained and punished, it has been thought advisable to retain it. The construction was, that the statute comprehended all those wanton acts between persons of dif- ferent sexes, flowing from the exercise of lustful passions, and which are not other- wise punished as crimes against chastity and public decency. Fowler \. State, 5 l>uy. 81. Title 22. Crimes and Punishments. 165 onment, in a common gaol, for a term not exceeding one year, and may also be bound to his good behavior, at the discretion of the court having congnizance of the offence. SECT. 68. If any person shall swear rashly, vainly, or Profane profanely, either by the holy name of God, or any other swearing, oath ; or shall sinfully and wickedly curse any person or persons ; such person, so offending, being thereof duly convicted, shall forfeit and pay, for every such offence, the sum of one dollar. SECT. 69. If any person shall print, import, publish, Distributing sell, or distribute, any book, pamphlet, ballad, or other obscene books, printed paper, containing obscene language, prints, or c ' discriptions ; such person, being thereof duly convicted, before the county court, shall forfeit and pay, for every such offence, a sum not exceeding fifty dollars. SECT. 70. If any person shall purchase, or introduce Purchasing, or into any family, college, academy, or'school, any such introducing book, pamphlet, ballad, or printed paper ; such person, | ntc &* n ^ ) b!' mi ~ being thereof duly convicted, shall forfeit and pay, for 8 c' en e books, every such offence, a sum not exceeding seven dollars. &c. SECT. 71 . If any person shall be found drunken, so that Drunkenness. he be thereby bereaved and disabled in the use of his rea- son and understanding; such person, being thereof duly convicted, shall forfeit and pay, for every such offence, the sum of two dollars. SECT. 72. If any person or persons, shall open the/ Disinterment grave of any deceased person, or the tomb where the\^ " body or bodies of any deceased person or persons have been deposited, and shall remove the body or bodies, or remains, of any deceased person or persons, from their ve, graves, or place of sepulture, for the purposes of issection, or any surgical, or anatomical experiments, or for any other purpose, without the knowledge and con- sent of the near relatives of the deceased, if any there be, and the .select-men of the town where said deceased per- son was interred ; or shall, in any way, aid, assist, or procure the same to be done ; or shall aid, or assist in any surgical, or anatomical experiments therewith, or dis- sections thereof, knowing said body, or bodies to have been so taken or removed from the place or places of their sepulture ; every such person, so offending, being thereof duly convicted, before the superior court, shall forfeit and pay a line, not exceeding five hundred dollars, nor less than one hundred dollars, and shall be further punished, by imprisonment, in a common gaol, for a term not more than twelve, nor less than three months, at the discretion of the court having cognizance of the offence. SECT. 72. Be it further enacted, That if any person, number of persons, or corporation in this state, without f deceased arsons. gra dis rimea against PUBLIC POLJ 166 J 'itle 22. Crimes and Punishments. Emitting bills to be used as a currency. Passing such bills, &c. Unauthorised lotteries. Selling lottery pickets of oth- states. special authority from the legislature, shall emit and utter any bill of credit, or make, sign, draw or endorse any bond, promissory writing or note, bill of exchange, or order, to be used as a general currency or medium of trade, as and in lieu of money ; such person or persons, or members of such corporation assenting to such pro- ceeding, and every of them, being thereof duly convict- ed, before the superior court, shall pay a fine not exceed- ing six hundred dollars, and be imprisoned, in a common goal, for a term no~t exceeding two years, at the discretion of the court having cognizance of the offence. SECT. 73. If any person or persons, or corporation, shall vend, utter or pass any bill of credit, bond, promis- sory writing or note, bill of exchange, or order, made, signed, drawn or endorsed as aforesaid, either in this or the neighbouring states, to be used as aforesaid, except bills or notes issued by the incorporated banks in the said states ; such person, persons or corporation, so offending, being thereof duly convicted, before the county court, or a justice of the peace, shall forfeit and pay treble the sum or value expressed in such bond, note, bill or other currency, the one half to him or them who shall prose- cute the same to effect, and the other half to the treasury of the town, when the trial shall be had before a justice of the peace, and to the county treasury, when it shall be before the county court. SECT. 74. If any person or persons, without special liberty from the general assembly, shall set up any lottery, to raise and collect money, or for the sale of any pro- perty ; or if any person shall, by wagers, shooting, or any kind of hazard, sell and dispose of any kind of property, or set up notifications to induce people to bring in, and deposit property to be disposed of in such manner, or to risk their money or credit in carrying on such designs ; every such person, so offending, being thereof duly con- victed, before the county court, shall forfeit the amount of the money proposed to be raised by such lottery, and the value of the property so exposed, or proposed to be exposed, to sale, or drawn for, the one half to him or them who shall prosecute the same to effect, and the oth- er half to the county treasury. SECT. 75. If any person or persons shall, within this state, buy, purchase, sell or otherwise dispose of any lottery tickets, issued from or under the authority of any other state whatever ; such person or persons, so offend- ing, being thereof duly convicted, shall forfeit and pay the sum of seven dollars, for every such ticket, so bought, sold or otherwise disposed of, the one half to him or them who shall prosecute the same to effect, and the other Title 22. Crimes and Punishments. half to the treasury of the town ; and no appeal shall be allowed from any judgment upon any suit or prosecution for said penalty. SECT. 76. If any person or persons shall, within this Keeping atate, sell or open, or keep any office, shop or store, for office for the j the purpose of selling or procuring any lottery ticket or s ?le f such | tickets, except such as are or shall be issued, or permitted tlc e s to be sold, by authority of the general assembly of this atate ; or if any person or persons shall act as a broker, factor or agent in buying, selling, or procuring to be bought or sold, any such ticket or tickets, or any part, portion or interest therein, or in effecting any contract in regard thereto ; or shall set up, exhibit or publish, or cause to be set up. exhibited or published, within this state, any written or printed offer or proposal, to buy, sell, or procure any such ticket or tickets, or any part, portion or interest therein ; or any proposal or offer to effect any contract in regard thereto ; such person or persons, so offending, being thereof duly convicted, be- . fore the county covirt, shall, for each offence, forfeit and , pay a fine of fifty dollars. SECT. 77. If any person shall bet or wager upon any horse-race, or be concerned in making up any purse for h^rse-face* " an) such race, and shall be thereof duly convicted, before the county court, he shall forfeit and pay the surn of fifty dollars. SKCT. 78. If any person shall be a stake-holder of any Being stake- sum of money, or of any other thing, betted, staked or holder > &c - wagered upon any horse-race ; or shall print, or cause to be printed, any paper notifying or advertising any horse- race ; or shall be the rider of any horse, or horse kind, in any race, on which any bet or wager shall have been made ; such person, so offending, being thereof duly convicted, before the county court, shall forfeit and pay the sum of thirty dollars. SECT. 79. Each horse, or horse kind, used and em- Forfeiture of ployed in any horse-race, on which any bet or wager is ^"^ "^ in laid, or, any purse or stake made, shall thereby be for- feited to this state ; and may, at any time within six months thereafter, be seized, by any constable or grand- Seizure. juror of the town, in which such race shall have been run, or by the attorney for the state in the county in which such town is ; and in case of seizure as aforesaid, the informing officer so seizing, shall make information against Information, such horse, or horse kind, to the next county court in such county ; and said court shall proceed to hear and determine such information ; and in case such horse, or horse kind, shall be adjudged forfeited, such court shall rder a sale thereof, at public vendue, or private sale, and Sale. 168 Title 22. Crimes and Punishments. Playing at cards for mon ey- Heads of families per- nutting cards to be played in their house, Selling play- mg-cards. Taverners keeping im- Keeping bil- Hard table. Gaming at billiard table, E O table, &c. \ direct the avails thereof, first deducting the charges of condemnation, to be paid into the treasury of this state. SECT. 80. If any person or persons shall play at cards, dice, tables or billiards, for money ; every such person, so offending, being thereof duly convicted, shall pay for every such offence, a fine of three dollars and thirty- four cents. SECT. 81. The head of every family in whose house any game at cards, dice, tables or billiards, is so played or used, with his or her privity or consent, being thereof duly convicted, shall forfeit and pay, for each time any such game is so played or used, a fine of three dollars and thirty-four cents. SECT. 82. If any person shall sell any playing-cards in this state, or have any for sale in his possession, or offer to sell any ; every such person, so offending, being there- of duly convicted, shall pay for every pack of cards by him so sold, possessed or offered for sale, a fine of seven dollars. SECT. 83. If any taverner, inn-keeper, or victualler shall have or keep in or about his or her house, or any of the dependencies thereof, any cards, dice, tables or billiards, or any other implement used in gaming; or shall suffer any person or persons resorting to his or her house, to use or exercise any of the said games, or any other unlawful game, within his or her house, or any of the dependencies thereof, or places to them belong- ing ; every such person, so offending, being thereof duly convicted, shall pay for every such offence a fine of seven dollars. SECT. 84. If any person or persons shall, at any time, have or keep in his, her or their custody or possession any billiard-table ; every such person, being thereof duly convicted, shall forfeit and pay the sum of seven dollars ; and the like sum for every time, as often as any such billiard-table shall be found in his, her or their pos- session. SECT. 85. If any person shall win or lose any money, or other valuable thing, by play or hazard, at cards, dice, E O table, tables, billiards, tennis, bowls, shuffle-board, or other game or games whatsoever, or by betting on such play or hazard, or by sharing in any stake, wager, or adventure of others, who bet, play or hazard as afore- said ; or if any taverner, inn-keeper, or other person, shall consent to, or suffer such playing or hazarding to be practised in his or her house, or its dependencies, or in any building or place in his or her occupation ; and any money, or other valuable thing, shall thereupon be won Title 22. Crimes and Punishments. or lost as aforesaid ; every person so offending, being thereof duly convicted, before the county court, shall forfeit and pay a fine of double the value of such money or thing. And on trial of any person, for either of the offences in this section before mentioned, the court or jury, as the case may be, on finding such person guilty of Findin ? 9 f L i. L 11 i . j xi_ / xi court or jury, such charge, shall also find the value of the money or thing won or lost ; or if it appear that such person hath won or lost as aforesaid, or consented to, or suffered such plaving or hazarding as aforesaid, and the value of the money or thing won or lost be uncertain, or be not made to appear ; the court or jury, as the case may be, shall thereupon find him or her guilty, and shall also find the value of such money or thing to be uncertain ; and whenever the value of such money or thing shall be so found to be uncertain, as aforesaid, such person shall be adjudged to forfeit and pay a fine not exceeding one hundred dollars, nor less than twenty dollars. SECT. 86. Every person who shall own or share, in Owning bil- part or in whole, any billiard-table, or E O table ; or Hard-table, who shall have any part, share or interest in any bank, ta le> commonly called a. faro bank , or in any other bank, capi- tal stock or fund, raised or established for gaming ; or who shall have or keep in his or her custody or posses- sion, any such table ; and shall be thereof duly convict- ed, before the county court, shall forfeit and pay a fine of one hundred dollars. SECT. 87. If any company of players, or persons Theatrical ex whatsoever, shall exhibit any tragedies, comedies, farces ltlons - or other dramatic pieces or compositions, or any panto- mimes, or other theatrical shows whatsoever, in any public theatre, or elsewhere, in this state, with views of gain, and for which they shall demand and receive from the spectators of such shows and exhibitions, or others, any sum or sums of money, as a reward for their service and labour therein, or under colour of a gratuity there- for ; each person so exhibiting, being thereof duly con- victed, before the county court, shall forfeit and pay a penalty of fifty dollars, one half to him or them who shall sue for, and prosecute the same to effect, and the other half to the treasury of the county. SECT. 88. If any mountebank, tumbler, rope-dancer, Exhibitions master of puppet-shows, or other person or persons, shall j^ks "turn- exhibit or cause to be exhibited, on any public stage or biers, ' place whatsoever, within this state, any games, tricks, plays, shows, tumbling, rope-dancing, puppet-shows, or feats of uncommon dexterity or agility of body ; or offer, vend, or otherwise dispose of, on any such stage or place, to any persons so collected together, any drugs or medi- 22 170 Title 22. Crimes and Punishments. Permitting exhibitions in one's house. Accessories. Fines, &c. Duty of in- forming offi- cers. Disposition of penalty. Punishment of death, how in- flicted. Imprisonment in new-gate ; in a common gaol. cines recommended to be useful in various disorders ; every person, so offending, being thereof duly convicted, before the county court, shall forfeit and pay, for every such offence, a sum notexceeding two hundred dollars, nor less than sixty dollars, one half to him or them who shall sue for, and prosecute the same to effect, and the other half to the treasury of the county ; and if such offender be a minor, or an apprentice, under the age of twenty-one years, or a servant, such fine or penalty shall be paid by his parent, guardian or master. SECT. 89. If any person within this state shall suffer any such mountebank to vend his medicine, or any per- son to exhibit any tricks of tumbling, rope-walking, or dancing, puppet-shows, or any uncommon feats of agili- ty of body, for money, or other cause, before any collec- tion of spectators, in his or her house, or its dependen- cies ; every such person, so offending, being thereof duly convicted, shall forfeit and pay, for every such of- fence, the sum of seven dollars, one half to him or them who shall sue for and prosecute the same to effect, and the other half to the treasury of the town wherein such offence shall be committed. SECT. 90. Be it further enacted, That every person who shall aid, assist, abet, counsel, hire, or command any person or persons, to commit any crime or offence in this act before mentioned, being thereof duly convict- ed, shall suffer the same punishment as that to which the principal offender is subject. SECT. 91. In all cases where a fine, penalty, or for- feiture is provided and inflicted by this act, as a punish- ment for any offence, and one moiety thereof is given to the person or persons aggrieved, or to him or them who shall sue for and prosecute the same to effect, and the other moiety to the state, county, or town treasury, it shall be the duty of all proper informing officers to make presentment of such offence to the court having cogni- zance thereof, and in case of conviction, on such present- ment, the whole of such fine, penalty, or forfeiture, shall go and belong to the state, county, or town-treas- ury. SECT. 92. The punishment of death, herein before mentioned, shall, in all cases, be inflicted by hanging by the neck, at such time as the court shall direct, not less than thirty days after the conviction ; and the punish- ment of imprisonment in new-gate prison, shall be sub- ject to the provisions of law, relating to said prison ; and that of imprisonment in a common gaol, shall be subject to the provisions of law, relating to gaols and gaolers. Title 22. Crimes and Punishments. 171 SECT. 93. If any person, having been convicted of Second con- either of the crimes aforesaid, the punishment whereof is vlcti H - imprisonment in new-gate prison, for a term less than for life, shall again be convicted of the same crime, or of y either of such crimes, he shall, on such second convic- [ tion, suffer imprisonment in said prison, for a term not * exceeding double the term for which he would be liable to suffer, without such former conviction ; and if any person shall be convicted a third time, of either, or any Third comic- of said crimes, he shall suffer imprisonment in said new- tion - gate prison, during his natural life. SECT. 94. On the conviction of any female, of any of Imprisonment the crimes in this act specified, the punishment whereof of fem le8 - is imprisonment in new-gate prison, such female shall, instead of being confined in said new-gate prison, be lia- ble and subjected to confinement with none but females, in the common work-house in the county where such fa~j* ' offence is tried, there to be kept at such labor as may be suitable, and to be under the direction of the overseers of said work-house; or to imprisonment, in the common gaol in such county, there to be kept to labor as aforesaid, un- der the direction of the keeper of such gaol; according to the direction of the court before whom such conviction is had, and for the same period, for which the offender, if a male, would be liable to suffer imprisonment in new- gate prison. SECT. 95. Any male person, who shall be guilty, and When new- convicted of any crime, the punishment whereof is, or ate P nson 1S shall be, confinement in new-gate prison, at any time Jrisoners P may when said prison may be out of repair, may be confin- be confined in eel in any of the gaols in the state, until such prison shall common gaols, be in a condition to receive him. SECT. 96. All persons charged with any of the offences offenders, herein before mentioned, shall be tried in the county where to be wherein the offence shall have been committed, except tned> that persons, charged with bigamy, may be tried in the county where they shall be apprehended; and where theft shall be committed in one county, and the property Theft, stolen be carried into another, the offender may be tried in either county. If a person be wilfully and malicious- Mun j er ly stricken or poisoned, in one county, and die of the same stroke or poison, in another county, within one year thereafter, the offender shall be tried in the county where such stroke or poison was given. >K< T. 97. All persons detained in gaol for trial, for an Bail, offence not capital, shall be entitled to bail, to be taken by one or more of the judges of the court having cogni- zance of the offence. 172 Title 22. Crimes and Punishments. Jurisdiction of SECT. 98. The superior court shall have cognizance pelS court" f ali On ences 5 whereof any part of the punishment is, or may be, death, confinement in new-gate prison, or inca- pacity to hold office, and also of high crimes and misde- of justices of meanors at common law ; and the several justices of the the peace. peace shall have cognizance of all offences, punishable by a fine or forfeiture, not exceeding seven dollars. Authority of SECT. 99. If any person or persons shall be brought justices of the before a justice of the peace, for any matter of a criminal peace to bmd na ture, which is not determinable by a single minister of justice, such authority shall recognize, \vith surety, such person or persons, if bailable, to appear before the court proper to try and determine the same, and for want of sufficient bail, to commit him or them to gaol, for the purpose aforesaid; and also to commit all such as are not by law bailable, that they may be brought to justice ; and To whom re- the bond of recognizance, which such justice of the peace cognizance ma y take, shall, if the record is returnable to the county shall be taken. court? De gi ven to the treasurer of the county, and, if re- turnable to the superior court, to the treasurer of the state. Persons com- SECT. 100. In all cases wherein a recognizance has been, or may be, required from any person, by a justice nizance how" f the peace, such person, if confined in a gaol for neglect- to be relieved, ing orrefusingto recognize, maybe relieved, by entering into a proper recognizance, before any judge of the supe- rior court, or any judge of the county court, in the coun- ty wherein such person may be confined. Right of ap- SECT. 101. When any person shall be convicted, be- peal- fore a justice of the peace, of any crime, except drunken- ness, profane swearing, cursing, or sabbath-breaking, he shall have liberty of appeal to the next county court ; pro- vided he gives sufficient security for his appearance, and for abiding the judgment that may be given by the county court therein. Judgment on SECT. 102. When any justice of the peace shall have plain view. view, or personal knowledge, of any person's being guil- ty of drunkenness, profane swearing, cursing, or sabbath- breaking, it shall be accounted good and sufficient evi- dence in the law, for such justice to make up a judgment against such person or persons, so offending, having first caused such person or persons to be brought before him. But no judgment shall be rendered, by a justice of the peace, against any person, for any other offence, wheth- er on confession or otherwise, without previous complaint and warrant. ^ustkSofthe SECT - 103. Every justice of the peace shall have au- peaceto issue thority to issue process, to be served in any part of the process, state, to apprehend, and bring before him, any person Title 22. Crimes and Punishments. 173 against whom complaint is made, for any criminal of- fence, for which he ought to be brought before such jus- tice for trial, or examination ; and may, in like manner, grant summons, or capias, for witnesses, in such cases. SECT. 104. The superior court, and the several coun- Grand-jury ty courts in this state, shall have power, when there shall be occasion, to order a grand-jury of eighteen, of those chosen by the respective towns in the county, or other sufficient freeholders of the county, wherein the court is sitting, to be summoned, impannelled, and sworn, to en- quire after, and present such criminal offences as shall be cognizable by said courts respectively. And no person Indictment, in shall be held to trial, or put to plead, to any complaint, what cases ne- information, indictment, or accusation, for any crime, the cessar y- punishment of which may be death, or imprisonment for life, unless a bill of indictment be found against such per- son for such crime, by a grand-jury, legally impanneled and sworn ; and no bill of indictment shall be presented by any grand-jury, unless twelve, at least, of the jurors agree to it. SECT. 105. If the grand-jury shall, in the same indict- Proceedings ment, charge any woman with the wilful murder of her n indictment infant bastard child, as well as with being secretly deliv- der?/ "basTard ered of such child, and of concealing the death thereof, child, &c, or either of such offences, and it shall appear to the jury of trials, that she is guilty of the murder charged, she shall be thereupon convicted of murder, and suffer the pains of death, as in case of murder ; but if it shall not appear to the same jury, that she is guilty of the murder charged in the indictment, but only of either, or both the other offences aforesaid, then the same jury may acquit her of the charge of murder, and find her guilty of the other of- , fences aforesaid, or either of them, as the case may be. SECT. 106. Any person arraigned before the superior Peremptory court for trial, on an indictment for any offence, by law challenge of punishable with death, shall have liberty, peremptorily, J urors - and without giving any reason, to challenge twenty of the jurors, summoned and impanneled for said trial, and no more, without shewing sufficient reasons. SECT. 107. No person shall be convicted of any crime, Evidence in by law punishable with death, but upon the testimony of capital cases two or three witnesses, or that which is equivalent. SECT. 108. In a prosecution against any person, for for- Evidence in gingor altering any bill or bills, purporting to be issued fo^fom^gw by any bank, not incorporated by the authority of this putting off state, or for putting off such bills, knowing them to be forged bank forged or altered, the deposition of the president, cash- s ' ier, or any clerk of such bank, duly taken, shall be ad- mitted to prove the existence of such bank, and that such 174 Title 22. Crimes and Punishments. Witness, how compelled to appear and testify. Proviso. Compensation to witnesses without the state. Contempt of court. Limitation of punishment. Direction of court to the jury- Writ of error. Warrant and ^xecution. bill, or bills are forged or altered : and in such prosecu- tions, the testimony of witnesses who have the means of knowledge, shall be admitted to prove, that bills of the description of those charged to be forged or altered, pass and are received, as true bills ; and that the bill or bills for which the prosecution is pending^ is, or are different from the true bills, and is, or are treated and considered as false, forged, or altered. SECT. 109. If any person who shall be required to ap- pear and give his evidence, upon the examination or trial of any delinquent, or criminal, or an offender against any penal law, shall refuse to appear, or make oath to de- clare his knowledge in the matter, or cause, the court, or justice, holding such examination or trial, may appre- hend and commit the person, so refusing, to gaol, there to remain, at his own cost, until he shall give evidence as aforesaid : Provided, that no person shall be compel- led or required to give evidence against himself, nor shall any evidence, given by him as aforesaid, be, at any time, construed to his prejudice. SECT. 110. Whenever, in any criminal prosecution before the superior court, or any county court in this state, it shall be necessary to obtain the testimony of any witness residing without this state, it shall be lawful for such court to allow to such witness a just and reason- able sum for his or her time and expenses, in coming to, attending upon, and returning from such court, to be tax- ed and paid as in other cases. SECT. 111. If any person, in the presence of any court, shall, either by words or actions, behave contemptuously or disorderly, it shall be in the power of the court to in- flict such punishment upon him, by fine or imprisonment, as shall be judged reasonable : Provided, however, that no single minister of justice shall inflict a greater fine than seven dollars, nor a longer term of imprison- ment than one month ; and no other court shall inflict a greater fine than one hundred dollars, nor a longer term of imprisonment than six months. SECT. 112. It shall be the duty of the court to state their opinion to the jury, upon all questions of law, aris- ing in the trial of a criminal cause, and to submit to their consideration both the law and the fact, without any direc- tion how to find their verdict. SECT. 1 1 3. The party aggrieved by manifest and ma-, terial error appearing of record, in any criminal pro- secution, may be relieved by writ of error, in the same manner as in civil actions. SECT. 114. When any sheriff, deputy-sheriff, or con- stable, shall receive a warrant from any court or justice. Title 22. Crimes and Punishments. 175 ,^ having lawful cognizance of the offence, to do execution of a judgment, by them or him given, against any delin- quent or criminal, such officer shall proceed according to the direction of such warrant, to do execution himself, or by some meet person by him to be procured, to the ac- ceptance of the court granting such warrant ; and for doing execution as aforesaid, a reasonable satisfaction shall be made, as the court or justice shall allow; which shall be taxed as a part of the costs against such de- linquent or criminal, and shall be paid as is provided by law, for the payment of other charges of prosecution. SECT. 115. Every person who shall be informed Costa, on con- against, complained of, indicted, or in any lawful manner VIC lon ' prosecuted, for any crime or matter of delinquency, and shall be thereof duly convicted, shall pay all the neces- sary costs arising upon such prosecution, before he shall be discharged ; but if such person, so prosecuted as aforesaid, shall be acquitted, or if, in case of conviction, the costs of prosecution cannot be obtained out of his estate, such costs, if the trial be in the superior or county court, shall be paid out of the state treasury, and if before a justice of the peace, out of the treasury of the town wherein the prosecution is had. And in all cases, the said superior and county courts respectively, are empowered to draw on the state-treasuKer, and such justice of the peace is empowered to draw on the town-treasurer, for the amount of such costs, immediately after the prosecu- tion is determined ; and such costs, if eventually recov- ered of the person prosecuted, shall be paid into the treasury, which shall have been so as aforesaid drawn upon, for the amount thereof. (4) SECT. 116. In case costs shall arise on any proceedings, Costs, on un- or in pursuit of any person informed against, by any in- ^ essm pur " forming officer, and such person cannot be apprehended, or being apprehended, shall, without fault of the officer, escape, before he is committed to prison, or bailed, such costs, if the offence of which such person is accused be recognizable by the superior, or county courts, shall be paid out of the state treasury, and if cognizable, by a (4) In the revision of 1672, there is a the same was had by mistakertand were statute, enacting, that any person commit- liable to be assigned in service, if unable to ted upon delinquency, shall bear the charges pay. It was considered so unjust, that a of prosecution, arid shall pay to the master person who was acquitted of the crime, of the prison six shillings and eight pence, should pay the costs of the prosecution, a before he shall be discharged. In the re- statute was passed in 1811, exonerating vision of 1750, persons prosecuted for any from the payment of costs, every person matter of delinquency, were liable to pay acquitted of the crime for which he was costs, whether found guilty or not, unless prosecuted, there was no cause for the prosecution, and 176 Title 22. Crimes and Punishments. Reward for making dis- covery, and Sf 0^0 gery,'&e. Of horse-steal Reward to be offered by gov- in" d r is f co^y " and giving in- formation justice of the peace only, out of the treasury of the town wherein the offence is alleged to have been committed ; and said superior and county courts, and the justice of peace to whom the process is returnable, are, respective- ly, empowered to give order for the payment thereof accordingly. SECT. 1 17. Whosoever shall make discovery, and give information against any person accused of forgery, or counterfeiting, in any manner herein before specified ; or .f utterin g and putting off any forged or counterfeited writing or coin, herein before specified ; or of passing, selling, exchanging or giving in payment, 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, for the purpose of forgery or counterfeiting as aforesaid ; or of having in his pos- session any blank, or unfinished note or bill, of the de- scription aforesaid, or any plate for forging or counter- feiting the same, with the intention in such cases re- pectively aforesaid ; or of aiding, assisting, counselling, or advising therein ; so that the person accused thereof shall be tendered to justice, and shall be convicted, or being bound over for trial, shall forfeit his bond or re- cognizance ; every such informer shall have and receive, as a reward for his good services in discovering and in- forming as aforesaid, the sum of thirty-four dollars, to be ordered out of the state-treasury, by the court before whom such conviction or forfeiture is had. And whoso- ever shall make discovery and give information against j /. ,, J 3 c i ,- r any person accused of the crime 01 horse-stealing afore- said, so that the person accused thereof shall be tendered to justice, and shall be convicted, or being bound over for trial, shall forfeit his bond or recognizance, shall receive his costs expended in such* prosecution, not ex- ceeding twenty dollars, to be ordered out of the state treasury, by the court before whom such conviction or forfeiture is had. SECT. 118. Whenever any crime shall have been committed, by law punishable with death, the governor, u P n application of the attorney for the state, in the county wherein such crime shall have been committed, shall be, and hereby is, authorised and empowered to offer publickly a reward not exceeding one hundred dol- lars, to the person or persons who shall make discovery, and give information against any other person guilty of such crime, so that he may be tendered to justice, and convicted ; which sum. so offered as a reward, shall ac- cordingly be paid to such informer or informers, from the Title 23. Deaths. 177 state treasury, by order of the court before whom such conviction is had. (5) (5) Our ancestors did not bring with them the sanguinary criminal code of their native country ; but borrowed their regu- lations from a different source. In the preface to the edition of 1672, they say, " We have endeavoured not only to ground our capital laws upon the word of God, but also all our other laws upon the justice and equity held forth in that word, which is a most perfect rule." Accordingly, pur- suant to that law, a statute was passed, punishing with death, idolatry, witchcraft, blasphemy, murder, bestiality, sodomy, in- cest, rape, man-stealing, perjury with in- tent to take away life, the cursing or smiting of parents by children, and the rebellion of sons against parents. Though these severe laws continued in force for a considerable time, yet the instances are rare in which any of them were executed ; and indeed, very few capital punishments were ever inflicted in the state. No in- stance ever occurred, where a person was executed for idolatry, blasphemy, man- -stealing, for the cursing or smiting of pa- rents b"y children, or the rebellion of sons against parents. There were a few con- victions for the crime of witchcraft ; but there is no certain evidence of an execution. But the rigour of this severe code has been, from time to time, greatly moderated ; and in the revision of 1750, it underwent a material amelioration : idolatry, witch- craft, man-stealing, the cursing and smit- ing of parents by children, and rebellion against parents by sons, are omitted ; and incest is punished by whipping and setting on the gallows. Formerly, the various crimes, not capital, were punished by brand- ing, cropping, setting in the pillory, whip- ping, fine and imprisonment. In 1787, the punishment of almost all crimes by im- Rrisonment in new-gate was introduced. i the present code, the object has been to describe and define, as far as practicable, every act for which a man is liable to punishment, though some offences are un- avoidably left to be punished at common law; and to proportion the punishment according to the nature and grade of the crime, so that every man may know when he violates the law, and what punishment he is liable to suffer for it. All punishments that fix a lasting stigma on the person of the offender, except whipping for theft, have been abolished ; but as this shameful punishment is peculiarly adapted to the meanness of this prevalent crime, it was thought best to retain it. The experience of this state has shewn, not only that mild punishments are better calculated to pre- vent crimes, than those which are sangui- nary ; but that punishments must be at- tended with considerable severity, to ope- rate as examples to others : and the dread of the caverns of new-gate, has produced a much more powerful and salutary effect, than the humane regulations, adopted in some penitentiaries, for the benevolent purpose of reforming offenders. ' TITLE 23. Deaths. An Act concerning sudden or untimely Deaths. B B E it enacted by the Senate and House of Rep- SECT. 1. r\ ... /-<- i/i i j JL9 resentatives, in Lrenerai Assembly convened, That when any person shall come to asudden, untimely, or unnatural death ; or be found dead, the manner of whose death is not known ; any justice of the peace, or if there when and how be none in the town, any constable of the town, shall summoned. forthwith summon a jury of twelve judicious men, who shall be sworn by such officer, to enquire of tlie cause. and of the manner, of the death of such person, and shall present, on oath, a true verdict thereof, under their hands, to some justice of the peace, who shall re- turn the same to the next superior court in the county : and no fee shall be allowed for any of the services afore- mid. 23 178 Title 24. Divorce. Penalty on SECT. 2. And if any person, summoned to serve as a juror for neg- j uror as aforesaid, shall refuse or neglect to appear, and "perform that service, he shall forfeit the sum of two dol- lars, to the treasury of the town to which he belongs. TITLE 24. Divorce. An Act authorising the superior court to grant Divorces. SECT. 1. BE it enacted by the Senate and House of Rep- resentatives, in General Assembly convened. iJivorces, in That the superior court shall have power to grant di- to vorces to any man or woman, lawfully married, lor adul- tery ; fraudulent contract ; wilful desertion for three years, with total neglect of duty, by the other party ; or in case of seven years' absence of one party, not heard of.(l) SECT. 2. The party aggrieved may prefer a petition to the superior court, which shall be duly served on the other party ; and on due proof of the facts, said court may grant a divorce, and declare the petitioner to be sin- gle and unmarried, who may then lawfully marry, or be married, again. SECT. 3. In every petition for a divorce, returned to the superior court, if it shall not appear, by the return of the officer, or otherwise, that the respondent has had actual notice, the court shall continue the cause until the next term, to the intent that actual notice may be given : and when the respondent lives out of the state, aud actual notice can be given, it shall be lawful for any judge of the superior court, in vacation, to prescribe the mode in which the same shall be given : and such notice having been given accordingly, at least six weeks before the sitting of the court, to which the petition is be granted. Petition and service. Mode of giv- ing notice, in certain cases. (1) A statute permitting divorces for the same reasons as the present, was pas- sed at an early period ; as it appears in the revision of 1702. At this time, di- vorces were not granted in any Christian country, on such grounds ; and it was gen- erally understood, that the precept of our Saviour prohibited divorces in all cases, except for the single cause of adultery. As the fr&uicrs of this statute regarded, in the strictest manner, the authority "of the sacred scriptures, and would not, on any consideration, have passed a law, which they considered to be repugnant to a di- vi te precepi, it is evident, that they very properly considered marriage to be mere- ly a civil contract, and that the remark of our Saviour was only intended to con- demn the practice of the Jews in per- mitting divorces at the pleasure of the husband ; and not to prohibit a legislature from making such laws as the interest of society required, relating to the surject of marriage and divorce. That this stat- ute is not repugnant to the law of God, or the best interests of the community, is evident, from the consideration, that there is in no country more conjugal purity smd felicity than in this, aud no where has the Christian religion a greater influence anr) ascendency. Title 25. Dogs. 179 returnable, such court, on due proof thereof, may, if they judge it proper, proceed to a trial of the cause, at the first term. If the respondent be absent out of the state, and cannot be served with actual notice, without great expence, the pendency of such petition shall be pub- lished in two or more newspapers in this state, im- mediately after the rising of such court, six weeks successively. And if the petitioner shall have removed from any other state or nation, to this state, and shall not have statedly resided in this state, three years next be- fore the date of said petition, he or she shall take nothing by the petition, unless the cause of divorce shall have arisen subsequent to his or her removal into this state. And in every case, where the petitioner coming to reside in this state, shall have left his or her consort in any other state or nation, actual notice of the pendency of such petition, shall be given to the respondent, by the reading of the petition in his or her hearing, which shall be proved by the oath of the person reading the same, administered by proper authority. And if the respon- dent, so notified, shall not appear in the cause, at the term to which the petition is returnable, the court shall continue the petition to the next term. SECT. 4. The superior court shall have power to as- Alimony, sign to any woman, so divorced, such reasoaable part of the estate of her late husband, as in their discretion, the circumstances of the estate will admit, not exceeding one third part thereof. TITLE 25. Dogs. An Act for preventing mischief by Dogs. . tJE it enacted by the Senate and House of Rep - -U resentatives, in General Assembly convened, That any two justices of the peace, in any town, may Two justices make all necessary rules, orders and regulations, when- ofthe Pace ever they shall judge the inhabitants of the state, or their S"^^ property, shall be in danger, for the confining, restraining, ting^to dogs ; killing, or destroying of dogs, belonging to, or found in their respective towns, as they shall judge reasonable, for the effectual security of such inhabitants, or their prop- erty ; and such rules, orders, or regulations, shall be published, and a notification of the same set up in writ- * be publish- ing, in three of the most public places in such town, wherein the same shall be made, and not less than one, in each school society therein. And when such rules, and obeyed. orders, or regulations shall be so made and published, aH 180 Title 26. Dower. persons shall conform thereto ; and if any person shall violate, or offend against, any of such rules, orders, or Penalty. regulations, he shall forfeit and pay the sum of seven dol- lars, one half to him who shall sue for and prosecute the same to effect, and the other half to the treasury of the town, in which such offence shall be committed ; and all What dogs dogs, which shall not be confined and restrained agreea- may be killed, bly to such rules and orders, so made and published, may be killed, by any person whosoever. But nothing in this Proviso. act shall be construed to prevent any person from killing any dog found mad, or justly suspected to be mad, or that shall be found doing mischief, or attempting to do the same, when alone, out of the possession of his owner, and distant from the care and control of any person, hav- ing the charge of such dog. Does to wear SECT. 2. Every dog permitted to go at large, shall collars, or may wear a collar, with the name of the owner of such dog, )e K1 e and the place of the residence of such owner, at large and legible thereon ; and if any dog shall be found at large, with, or without, the permission of his owner, not wearing such collar, such dog may be killed. Owners of SECT. 3. Whenever any dog shall do any damage, dogs to pay either to the body, or property of any person, the owner bylthem! ^ or keeper, or the parent, guardian, or master of any such owner or keeper, as may be a minor, or servant^ shall pay such damages, as any person may have sustained c by such dog. TITLE 26. Dower. An Act providing Dower for Widows. IfrE it enacted by the Senate and House of Rep- CT * " MJ resentatives, in General Assembly convened, Who shall be That every married woman, living with her husband, al entitled to the time of his death : or absent from him, by his consent, dower. or ^ v j^g d e f au it, or by inevitable accident ; or in case of divorce, where she is the innocent party, and no part of the estate of her husband was assigned to her, for her support ; shall have right of dower in one third part of the real estate, of which her husband died posses- sed, in his own right, to be to her during her natural life ; unless a suitable provision was made for her support, be- fore the marriage, by way of jointure.(l) (1) This provision of dower for widows one third of the real estate, of which the was adopted as eariy as the revision of husband was seised during the coverture 1672. The common law gives the wife But as such a lien may often be a restrain* Title 26. Dower. 181 SECT. 2. It shall be the duty of the heirs, or persons How to be set entitled to said estate, within sixty days after the death out of the husband, to apply to the court of probate, in the district where the will of the deceased was proved, 01 administration on his estate granted, to have dower as- signed to the widow ; and such court shall appoint three sufficient freeholders of the county, who, on being duly sworn, shall set out to the widow her dcwer or thirds, in the estate of her deceased husband ; and in case the heirs, or persons entitled to the estate, shall neglect to have dower assigned as aforesaid, then, on complaint of the widow, to such court of probate, said court shall appoint three sufficient freeholders of the county, who, on being duly sworn, shall set out and assign to auch widow, her dower or thirds in the real estate of her deceased hus- band ; and in either case, the return of the doings of such freeholders to the court of probate, and by said court ac- cepted, shall ascertain and establish such dower , and all persons concerned shall be concluded thereby. SECT. 3. Every widow shall maintain and keep in re- Ten t . pair, the houses, buildings, fences and lands assigned and dower to keep set out to her, for her dower, and shall leave the same in estate in re- good and sufficient repair ; and on her neglect, the heirs P air> or persons entitled to the land, on her decease, may make complaint and application to the county court where the lands lie ; who shall order so much ofthe houses and lands to be delivered to the next heir or person owning the game, for so long a term as, in their judgment, shall be sufficient, out of the rents and profits, to repair such de- fects ; unless said widow will give good security that she will leave such houses, buildings and fences in sufficient repair. * , . SECT. 4. When any testator, by his last will and testa- fivi^owmust ment, shall devise or bequeath any estate, real or person- gi^e notice of al, or any pecuniary legacy to his widow, in lieu of dower, refusal to ac- she shall, within two months next after the time limited by the court of probate for the exhibition of claims against such estate, give notice, in writing, to the court of pro- bate before which such will may be proved and approv- ed, that she declines to accept such legacy or devise ; and if she fail to give such notice, she shall be barred of her dower, and such devise or legacy, shall be assigned to her in lieu thereof. SECT. 5. If any woman, prior to, and in contemplation jointure of marriage, shall, on an agreement with her intended upon that free transfer of property, which confine the dower of the widow to the the interest of the community requires, it lands of which the husband died possessed, was a valuable improvement of the law to 1 82 Title 27. Duties. husband, or other person, receive an estate, either real or personal, to take effect after the death of her husband, by way of jointure, as a P/ovisio^tonher support during life, and expressed to be in fulfantfoischarge of all claim for dower, such estate shall be valid, and a bar to dower in the estate of her husband : Provided, however, if the title to the estate, settled on the wife as her jointure, shall fail, she shall then be entitled to dower in the estate of her husband ; or if the title should fail to any part of it, then the deficiency shall be made up 6ut of her hus- band's estate, if it shall not exceed one third of the val- ue thereof. TITLE 27. Duties. An Act providing for the laying and collecting of Duties in certain cases therein mentioned. j jE it enacted by the Senate and House of Rep- ( ' JLP resentatives., in General Assembly convened, Duties laid on That there be laid and paid the following duties, to wit : count Mid on a ^ wr ^ s or petitions, returnable for trial before any city courts; county court or city court, thirty-four cents, to be paid \ to the authority who shall sign the same, at the time of V ^- signing ; on all writs or petitions returnable for trial be- superior fore the superior court, one dollar, payable as aforesaid ; court ; on a ]j wr its or petitions, returnable for trial before the court of errors; supreme court of errors, two dollars, payable as afore- said ; on all petitions, of an adversary nature, returna- general assem- ble to the general assembly, two dollars, payable to the bl " V ' (*L~t<) authority signing the citation, who shall certify the same ^jf-M) thereon ; on all appeals from the judgment of a justice of on appesfs/i. the peace, or mayor, or alderman, fifty cents, payable to fromjustice, such justice, mayor, or alderman, at the time of granting mayor, r c. ga |j a pp ea j . on a jj a pp e als from a judgment of a county from county court, or city court, one dollar ; and on all continuances or city court ; . Q t ^ e coun ^ v cour t Si O r city courts, thirteen cents, and in on continuan- the superior court, twenty-five cents, payable to the city 10 a nd'su^ ' c l er k s f sucn cour ts, respectively, at the time of granting perior courts, the same. On licences to SECT. 2. On every licence granted to a retailer of spir- retailers of itous liquors, there shall be paid by him, to the clerk of liquors. the board of civil authority, of any town, granting the same, in conformity to the " act to regulate the selling of spiritous liquors," a sum at the rate of five dollars per an- num, to be computed from the date of said licence, to the second Monday of January then next. Title 27. Duties. 183 SECT. 3. There shall be levied, collected and paid, On sales at up.' all sales, by wa) of auction, of goods, wares, or mer- a chandize, of foreign growth, produce, or manufacture, two per cent of the purchase money arising by sale at auction, of such goods, wares, or merchandize, to be paid by the auctioneer, or person making such sales at auc- tion, out of the monies arising from each and every such sale, to the clerk of the civil authority of the town in which such sales are made, and by whom a licence there for shall be granted, in conformity to the " act imposing a duty on sales at auction in certain cases." SECT. 4. All persons authorized, by law, to receive Receivers of duties, shall, annually, in the month of May, and before duties to ac- or on the tenth day of said month, render an account of JJJJ^JJ** all duties by them received as aforesaid, (except the duties on appeals and continuances, received ,by the clerks of the county courts,) and pay over the same to the treasur- er of the state ; and the persons rendering an account of duties received by them, on civil process, as aforesaid, shall specify the number of writs, or petitions, and the number of appeals on which the same shall have been received; and the clerks of the civil authority shall return to the said treasurer the number of licences for retailing spiritous liquors, on which they, respectively, shall have received a duty, and the amount of duty re- ceived on each licence ; and also, the amount of duties received by them, respectively, on sales at auction, from whom received, and how much from each person. And Theircommis- each person, so accounting with the treasurer, shall be 3 i n. entitled to a drawback of five percent, on all duties or monies, by him so accounted for, and paid as aforesaid, as a compensation for his trouble in receiving and pay- ing over the same. SECT. 5. It shall be the duty of every sheriff, deputy- Return oi sheriff, constable, or indifferent person, who shall serve a wr it g . writ or process, on which a duty shall be certified, to re- _ turn the same to the clerk of the court to which the same . fo /, is made returnable, forty-eight hours, at least, before the " 'W^' commencement of the session of such court. And if any such writ or process shall not be so returned, within the time aforesaid, the person who served the same shall not be entitled to any fees for such service ; but the court to which (he same is returnable, may, at (heir discretion, or- der the same to be entered in the docket of said court, any time during the three fir?i days of the term. And if the suit shall be settled, before such writ is returned, the ofticer shall, if he knows the fact, state the same, on some part of the process ; and the suits so slated to be settled, "hall Hot be entered in the docket of said court. And 184 Title 27. Duties. Clerks of ? ourt , 8 to , re " turn to the comptroller the number of writs returned Officers not hodng their office for one Treasurer to callupon ed or his'ad- ~ ministrator, to account. Treasurer to inform against negligent No writ to be valid, unless Jefiind dirties once paid. the clerks of the city, county, and superior courts, shall return to the comptroller, on or before the tenth day of r u AUUI * May, in each year, the whole number ot writs or peti- tions, on which a duty is certified, that shall, in any pre- ce( jj n g year, have been served and returned to their re- spective offices, together with the names of the authori- ty by whom signed, and the number signed by each of said authority. SECT. 6. The treasurer shall, on or before the twenty- fifth day of May, annually, make a return to the general assembly of all said accounts rendered to him, and the names of such of the civil authority as shall have neglect- e< l to render their accounts to him as aforesaid ; and also, the names of the towns from which no returns shall have been made to him of duties on licences to retailers, and on sales at auction. SECT. 7. If any of the aforesaid officers shall fail of renderin g ms accounts agreeably to this act, and of ma- king payment of the sums that shall thereby appear due, on or before the tenth day of May, annually, every such officer, so in default, shall be incapable of holding, orex- ercising, the office by means whereof he became a re- ceiver of such duties, for and during the term of one year, from and after his making default of payment as aforesaid. SECT. 8. When any such officer shall be removed, by death or otherwise, or shall be omitted in any appor.t- men t, on account of his not having rendered his account. and made payment of duties as aforesaid, it shall be the d u ty of the treasurer to call such officer, or his exe- cutors or administrators, to account for such duties as may be or remain in their hands, or may have been in the hands of such deceased, at the time of his death ; and the cost, if any, that shall arise by means thereof, shall be paid by the person, or the executor or administrator. who shall have neglected to make such return of pay- ment. SECT. 9. If any clerk of the superior, county or city courts, shall neglect to comply with the requirement of tm ' s act, it shall be the duty of the treasurer, forth w ith, to certify the same to the presiding judge of the court, to which such clerk belongs. SECT. 10. No writ, or appeal taken, on which a duty i s laid as aforesaid, shall be valid in law. unless the au- thority signing such writ, or certifying the copies in si.ch appeal, shall certify thereon, in words at full length, that the duty thereon is paid, and the amount thereof. SECT< * J No officer, who, by this act, is made a receiv- er of said duties, after he shall have signed and delivered Title 28. Election, 185 out of his hands, any writ or other process, whereon a duty is v payable, shall ever, on any pretext, or under any circumstances whatever, return or discount the duties, required by law, to be paid thereon. SECT. 12. No writ or process on which a duty is pay- No writ to ^ able, that has once been completed against any person, altered, after shall afterwards be altered into a writ against any other once complet-' person, without a further certificate of Ihe duty having ed ' been again paid thereon ; and the court before whom such writ shall be returned, wherein any such erasure or alteration shall appear, shall, ex officio, abate and dismiss the same, and shall tax costs in favor of the defendant therein. SECT. 13. All monies, which may be received, by the A ro riat - 0>1 clerks of the several county courts, for duties on appeals of dnt? a ' and continuances, shall by them be paid over to the coun- ty treasurer, of the county in which they shall be receiv- ed, to defray the ordinary expenses of the several coun- ties ; and all other monies that shall be collected from duties as aforesaid, shall be, and they are hereby pledged and appropriated for the sole use of supporting the civil government of the state. TITLE 28. Election. CHAP. I. An Act regulating the election of Governor, Lieu- tenant-Go vernor, Senators, members of the House of Representatives, Treasurer, and Secretary. ^ ^ enactc d ty the Senate and House of Rep- . re.sentati~ccs, in General Assembly convened, That the constables of the several towns in the state, shall warn the electors of their respective towns to meet Time an f de- representatives and state officers in the general assembly, cideu'ponqual- on the Thursday next preceding the first Monday of April, ifications of j n each year, at nine o'clock in the morning of said day. t r rs P Sed eie " f r the P ur P ose f examining and deciding upon all ap- plications to be admitted to the privileges of electors. Notice of such SECT. 2. In all such cases, it shall be the duty of the meetings, how town-clerk and select-men, to cause notice of suchmeet- o be given. j Q g g ^ Q j^ gj ven { o fa e inhabitants of the town where such meetings are held, by posting such notice on the public sign-posts in said town, or by publishing the same in some public newspaper printed in such town, which notice shall be given at least five days previous to such meet- ings. Jown^ferk SECT * 3> Th . e town - clerk and select-men of the seve- anTsdect-men ra ^ towns in this state, shall meet together on the first on first Mon- Monday of April, in each year, at nine of the clock in the day of April, morning of said day, at the place of holding the elections, for the purpose of receiving, examining, and deciding on all applications to be admitted to the privilege of elec- tors ; and it shall be the duty of the select-men and town- Their duty to clerk, to make a certified list in writing, of all such per- sons as are judged duly qualified, at either of said meet- ings ; which list shall be delivered to the town-clerk, and - recorded in the records of the town, and shall be suffi- fication. cient evidence that the persons contained in said list, re- spectively, possess the requisite qualifications for electors Persons found of this state. q ' 11 i i ty, now topro- brought for relief in equity, shall have power to proceed c j eed according to the rules, usage, and practice in courts of equity ; and shall take cognizance of matters only in which adequate relief cannot be had in the ordinary 196 Title 30. Equity. course of law. They shall keep records of their proceed- ings ; and shall have power to enforce their decrees, bj granting execution thereon against the estate or person of the defendant, or in any other manner proper for a court No appeal. of equity ; and no appeal shall be allowed from their Suits in equity, sentences or decrees. All bills or petitions, preferred to howtobegerv- a court of equity, shall be signed by the party, and shall ed. be accompanied with a summons, signed by lawful au- thority, notifying the defendant or respondent to appear before the court ; and shall be served, by some proper officer, on the defendant or respondent, by reading, or by leaving a true and attested copy, at his usual place of abode, at least twelve days before the sitting of the court. And whenever the defendant or defendants, named in the bill or petition, shall live out of the state, the court to whom the same is preferred, and has cognizance there- of, or either judge of such court, in vacation, shall have Order of no- power to make such orders, relative to the notice which tice> shall be given, as they shall deem reasonable ; and such notice having been given, pursuant to the order of such courts respectively, in the mode prescribed, and duly proved to such courts, the same shall be sufficient ser- vice ; and the court may proceed to a hearing thereof, at the first term, if they shall judge proper. Finding of SECT. 2. It shall be the duty of courts of equity, to facts. cause the facts, on which they found their decrees, to ap- pear on the record, either from the pleadings or decree. Power to pass And courts of equity shall have power to pass the title to title to land, real estate, by decree, without any act to be done on the part of the defendant or defendants, when, in their judg- ment, it shall be the proper mode to carry the decree into effect : and such decree having been recorded in the records of the town where the land lies, shall, while in force, be as effectual to transfer the same, as the deed of the defendant or defendants. Guardian au- SECT. 3. When any minor under the age of twenty-one thorized to ex- years, shall be interested in any mortgaged, or other real ecute convey- estate, which, in equity, ought to be conveyed to any of minor behalf otner person or persons', and such conveyance is decreed and ordered, by the court having cognizance of the same, the guardian of such minor is hereby authorized and empowered to make and execute such conveyance, in behalf of such minor ; which conveyance, so made, shall be good and effectual in law. And the said court shall have power to enjoin such guardian to make the same, under a suitable penalty. Sd^to^a 11 - 1 " SECT 4. And if such minor have no guardian, at the point Tguar- time f bringing such suit, the said court is hereby author- iian. ized to appoint one ; and the guardian so appointed, shall Title 30. Equity. 197 have power to do every thing in behalf of such minor, proper for his defence in such suit ; and for carrying the His powers. decree of the court therein, into effect. SECT. 5. The. superior court of this state shall be, and Superior they are hereby authorized, as a court of equity, on peti- re" t r thtak dl tion brought before them, to authorize and direct the taking SfdepwiSon! 8 of depositions, to perpetuate the evidence of facts, where to perpetuate no suit is depending, agreeably to the rules and usages in testimon y- chancery proceedings ; which depositions, so taken, shall be available in any court of law or equity in this state, in the same manner as depositions taken during the pend- ency of a suit. SECT. 6. Either of the judges of the superior court, A judge of the shall have power, on motion, to grant and enforce writs 8U P? no . r court r . . . . r ,. c ,. authorized to of injunction, according to the course of proceedings in grant wr jts of courts of equity, in all cases within the jurisdiction of injunction, the superior court, arising in any county where such court shall not be in session. And all writs of injunction shall be made returnable to the next superior court in such county, which court may proceed therein accord- ing to the course of proceedings in equity. And no writs of injunction shall be issued, unless the facts stated Facts to be in the application shall be supported by the oath of the 2 applicant, or some indifferent witness. SECT. 7. The chief judges of the several county courts, Chief judge of in all cases within the jurisdiction of such courts, arising county court in the counties of which they are judges, when such authorized to courts are. not in session, shall have power to grant and en- * 8 force writs of injunction, returnable to the next county court in such county, and to be proceeded with, in the same manner, and on the same principles, as in cases of writs of injunction, issued by judges of the superior court. SECT. 8. The party aggrieved, may bring a writ of Writs of error. error, from the determination of the county court, to the superior court, and from the determination of the supe- rior court, to the supreme court of errors, in all cases, where material and manifest error shall appear of record, in any decree passed by the superior or county court. And courts of equity shall have power to grant new trials New trial* for new-discovered evidence, or any other reasonable cause, according to the course of proceedings in equity. SECT. 9. Courts of equity may, at any time, permit Amendments the parties to amend any defect, mistake, or informality in bills, petitions or pleadings, in any suit pending before them, on the payment of lawful costs to the other party, at the discretion of the court : Provided, that the plain- tiff may amend his bill within the three first days of the superior court to which it is returned, without costs : and 198 Title 31 Escheats. in all cases of the amendment of a bill or petition, the court shall grant the defendant a reasonable time to make answer thereto. Disclosure. SECT. 10. When the plaintiff, in a bill in equity, shall require of the defendant a discovery on oath, respecting the matters charged in the bill, the disclosure by the de- fendant shall not be deemed conclusive, but may be dis- proved, or contradicted, like any other testimony, ac- cording to the practice in courts of equity. (1) (1) According to the former practice, the 1 Day, 156. This defeated the plaintiff of disclosure of the defendant on oath, when any benefit, in calling on the defendant for called upon by the plaintiff, was held to be a disclosure. To remedy this inconven- conclusive, and could not be questioned. ience, the present provision was introduced. TITLE 3 1. Escheats. An Act relating to the disposition of Escheats, and other property belonging to the state. T^E it enacted by the Senate and House of Rep - -U resentatives, in General Assembly convened, When no own- That when no owner or heir of any estate, real or per- er or heir ap- sonal, can be found, the same shall escheat, and belong pears, estate to the state ; and it shall be the duty of judges of pro- to esc eat. ^^ ^ ma fc e ^ ue enquiry^ j n their respective districts, after such estate, and to secure the same in the hands of an administrator, appointed for that purpose, and to give quire. notice to the treasurer of the state, who is hereby iinpow- ered to receive it from such administrator, and to dis- charge him therefrom. SECT. 2. And the treasurer shall have power to ap- a "ointagenta P oint a g ents to manage and take care of all property that to take care of shall escheat to the state ; as well as of all lands or other and sell pro- property, to which the state has or may become legally perty escheat- cn titled, by judgment or execution, for any debt, fine or forfeiture, or in any other way whatever, except lands belonging to the school fund : and such agents shall have power to sell and dispose of such property, at public or private sale, or on credit, on such terms as shall be ap- proved of by the treasurer : who is hereby authorized to to giye deeds ; execute any deeds or conveyances, proper to transfer the same ; which shall be good and effectual : and the and render ac- treasurer shall annually render^n account to the general rount. assembly of his proceedings, and credit the avails of the sales to the state : Provided, that if any heir or owner of such estate shall appear, he shall be entitled to the same, or if sold, to the avails thereof, after deducting the ne- cessary expenses. en- Title 32. Estates. 199 TITLE 32. Estates. CHAP. I. An Act for the settlement of Estates, testate, intestate, and insolvent. TJE it enacted by the, Senate and House of Rcpre- % * ' Jj tentative*, in General Assembly convened, That all persons of the age of twenty-one years, and of sound and disposing mind and memory, shall have power to O f real estate : dispose of their real estate, by will or testament : all per- sons of the age of seventeen years, and of sound anddis- O f personal posing mind and memory, shall have power to dispose of estate, their personal estate, by will or testament : and married women shall have power to dispose of their estate, both real and personal, by will, in the same manner as other persons. SECT. 2. That all wills shall be in writing, and sub- Wills must in- scribed by the testator ; and no devise or devises of real m writin S- estate, contained in any will or codicil, shall be held good and valid, unless such will or codicil shall be subscribed How witness- by the testator, and attested by three witnesses, all of ed ' them subscribing in the presence of the testator. SECT. 3. If any beneficial devise, legacy or interest Devis t e or lc ^ hath been, or shall be, made or given, in any will or co- Bribing ^vTt- dicil, executed after the first day of January, one ness, void. thousand eight hundred and eight, to any person subscribing such will or codicil, as a witness to the ex- ecution thereof, such devise, legacy, or interest, shall, as to such subscribing witness, and all persons claim- ing under him,be null and void; unless such will or codicilbe otherwise duly witnessed, according to this act : and such person shall be admitted as a witness to such will or co- dicil, in the same manner, as if such devise, legacy or interest had not been given. Provided such devise, le- gacy, or interest be not made to an heir at law of the tes- tator : nor shall this section operate as to wills made pri- or to the first day of January, one thousand eight hundred and eight. SECT. 4. Whenever a devisee or legatee in any last j" atTedVbe will and testament, being a child or grand-child of the tes- fore testator, tator, shall die before the testator, and no provision shall estate shall go be made for such contingency, the issue, if any there be, tohis keirs ' of such devisee or legatee, shall taice the estate devised or bequeathed, as the devisee or legatee would have done, had he or she survived the testator ; and if there be no sftch issue, at the time of the testator's death, the estate 200 Title 32. Estates. Birth of child revocation of a will. Actual revo- cation. Proof out of court Executor to prove the will, or refuse the trust Penalty for neglect On refusal of the executor, an administra- tor to be ap- pointed. Who may be appointed.. disposed of by such devise or legacy, shall be considered and treated as intestate estate. SECT. 5. If after the making of a last will and testament, a child be born to the testator, and no provision be made in such will for such a contingency, such birth shall oper- ate as a revocation of such last will and testament. SECT. 6. No devise of real estate shall be revoked, oth- erwise than by burning, cancelling, tearing, or obliterating the same, by the testator himself, or in his presence, by his direction and consent; or by some other will or co- dicil in writing, declaring the same, signed by the testa- tor, in the presence of three or more witnesses, and by them attested in his presence. SECT. 7. All executors of wills within this state, shall have liberty to have the witnesses to such wills examined and sworn, in usual form, before a justice of the peace, who shall enter the oath of the witnesses on the back of the will, and attest the same : and the oath of witnesses, so taken, shall be accepted by the court of probate, as if they had been taken before said court. SECT. 8. It shall be the duty of the executor or execu- tors, of the last will and testament of any person deceased, knowing of his or their being so named and appointed, within thirty days next after the decease of the testator, to cause such will to be proved and recorded in the of- fice of the court of probate of that district, where the de- ceased person last dwelt ; or to present said will, and declare his or her refusal to accept of the executor- ship : and every executor, so neglecting his trust and duty, without just excuse for such delay, to the satisfac- tion of the judge of probate, shall forfeit the sum of seventeen dollars per month, from and after the ex- piration of the said thirty days, until he shall cause probate of said will, or present the same as aforesaid, one half to him who shall sue for and prosecute the same to effect, and the other half, to the treasury of the town where the deceased last dwelt. SECT. 9. And upon the refusal of the executor or ex- ecutors, or on his or their refusal to give bond with sure- ty, for a faithful discharge of his or their trust, the court of probate shall commit the administration of the estate of the deceased, with the will annexed, unto the wid- ow, or next of kin, of the deceased ; and may cause a citation to be made out to them to appear before him ; and upon their refusal, neglect of appearance, or in- capacity, may grant such administration to one, or more, of the principal creditors ; or, on their refusal, to such other person as the court shall think fit. And where the testator lived out of the state, the will shall be proved in the district, in which the estate is. ; Title 32. Estates. 201 SECT. 10. When any person dies intestate, the court within what of probate, in the district in which the deceased lastdwelt, probate dis- shall grant administration of his estate to the widow, or trict adminis- next of kin, of the intestate, or to both ; or on their refusal appointed" b * or incapacity, to some other person, as the court of pro- bate shall judge fit. And where a person, living out of the state, dies intestate, leaving property within the state, administration shall be granted of his estate, within the district where the estate is, to such person as the court >hall think fit. SECT. 11. Every court of probate, upon granting ad- Bondtobeta ministration upon the estate of any deceased person, k shall take a bond, with sufficient surety or sureties, to the judge of said court, and his successors in that office, with this condition, to wit: The condition of this obligation is such, that if the above bouoden A. B., administrator Form of bond of all and singular of the goods, chattels, credits, and estate of C. D., deceased, do make, or cause to be made, a true and perfect inventory of all the goods, chattels, credits, and estate of the said deceased, which have or shall come to the hands, possession or knowledge of the said A. B., or into the hands or possession of any other person for him, and the same, so made, do exhibit, or cause to be exhibited, into the registry of the court of probate in the district of at or be- fore the day of next ensuing ; and the. same goods, chattels, credits, and estate, of the said de- ceased, at the time of his death, which at any time after shall come into the hands or possession of the said A. B.. or into the hand- or possession of any other person or persons for him, do well and truly administer according to law : And further, do make or cause to be made, a true and just account of his said administration, at or before the day of and all the rest and residue of the said goods, chattels, credits and estate. which shall be found remaining upon the said administra- tor ''^A^^^thc^i^A^h^i^c^ff^ed and allowed, by the salu co'uft o^proKateCas me said Court of probate, by his decree or sentence, A pursuant to the true intent and meaning of the law, shall appoint. And if it shall hereafter appear, that any last will and testament, was made by the deceased, and the executor or executors therein named, do exhibit the same into said court, making a request to have it allowed and approved, ac- cordingly ; if 'the said A. B., being thereunto required, do render and deliver the said letters of administration, (approbation of such will or testament being first had and obtained) in the said court ; then this obligation to be void, and of no effect ; or else to remain in full force 2G 202 Title 32. Estate. and virtue. And executors shall become bound in the same manner, mutatis mutandis. InrenUry. SECT. 12. The executor or executors, appointed bj the testator in his last will and testament, and administra- tors to whom the administration of the estates of persons deceased shall be committed, shall, with the assistance of two or more judicious disinterested freeholders, under oath, and appointed by the court of probate, make, or cause to be made, a true and perfect inventory and ap- praisement of all the estate of the person deceased, both real and personal, according to its value ; and also, a list of all his credits and choses in action, as far as may be, and shall cause duplicates to be made of such inventory, one of which shall be sworn to. by such executor or ad- ministrator, before the judge of the court of probate, where the will was proved or administration granted, and be deposited with said court, arid the other shall remain with the executor or administrator. New appraise- SECT - 13< ^ anv creditor, legatee, or other person, meat. shall be aggrieved, by such appraisement, he may have relief, by application to such court of probate ; which court is empowered and required to appoint three good and lawful men of the neighborhood, who, being duly sworn, shall make a new appraisement of such estate, at the true value, according to their best judgment : And the executor or administrator, shall be accountable for the estate, according to such appraisement, or the same shall be sold, by the order of the court of probate : Provided, that such application shall be made to such court within six months after the inventory of such estate shall have been exhibited to said court. Penaltr for SECT. 14. If the executor or executors of any last will ot making an or testament, proved in any court of probate, or the ad- inyentor/. ministrator or administrators of any intestate estate, shall not, within two months, next after the probate of such will, or granting letters of administration on such estate, cause such inventory to be made as aforesaid, and exhib- ited to the court of probate, where the will was proved and recorded, or administration granted, he or they shall forfeit the sum of seventeen dollars per month, from and after the expiration of said two months, until he or they shall cause an inventory to be made of such estate, and exhibited to the court of probate as aforesaid ; unless he can make a just excuse for such delay, satisfactory to said judge of probate : which forfeiture, as well as that fo not causing the will to be proved, shall belong, one hall to the town where the deceased last dw ! t, a-id the other half to him who shall bring a proper action therefor, and Title 32. Estates. 203 prosecute the same to effect, in the county where the de- ceased last dwelt. SECT. 15. If any person or persons shall sell or em- Persons em- bezzle any of the goods or chattels of any person deceas- ^a^HaWe ed, before he or they have taken out administration, and as executors exhibited a true inventory of all the known estate, he or in their own they shall stand chargeable, and be liable to the actions wron - of the creditors, and other persons aggrieved, as being xecutors in their own wrong. SECT. 16. If any person or persons shall have in his or HOW to pro- their custody and possession, any goods or chattels be- ceed against longing to the estate of any deceased person, or any bills, th^ who con- bonds, notes, accounts, or any thing, that may tend to c< disclose such estate, and on demand of the same, by the executor or administrator, shall refuse to deliver them, or to give any satisfactory account, to^ the executor or administrator, it shall be lawful for any justice of the peace, on the complaint of such executor, or administra- tor, to issue his warrant, and cause such offender to be apprehended and brought before him, and may bind him, with sufficient surety, to appear before the next court of probate ; and such court shall have power to exam- ine him, on oath, concerning the matters complain- ed of; and if he shall refuse to be examined, on oath, and to answer the interrogatories put to him, by such court, it shall be lawful for the court to commit him to prison, there to remain till he shall conform to the law. SECT. 17. The courts of probate shall have power to Notice to direct executors and administrators, to give public notice brln S in claim - to the creditors of the deceased, to bring in their claims agaiust his estate, within such times as the said courts shall limit and appoint, not exceeding eighteen months, nor less than six months, by posting up the same in the town where the deceased last dwelt, and also by adver- tising and publishing the same in a newspaper printed in the county where the deceased dwelt, (if any there be,) and if there be none printed within such county, the notice shall be published in a newspaper printed in the adjoining county ; and also to give such further notice as the court shall judge to be necessary. And if any creditor shall neglect to exhibit his or her claim, within such time ai shall be limited, after public notice given as aforesaid, such creditor shall be forever debarred of his or her de- mand against such estate. Provided, that any creditors, not inhabitants of this state, shall have liberty to exhibit their claims against any estate, which has not been rep- resented insolvent, at any time within two years after publication of the notice aforesaid, and shall be entitled to payment out of the clear estate only, remaining after 204 Title 32. Estates. the payment of the claims exhibited in the time limited as aforesaid. Provided also, that when a right or claim shaft 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 remain- ing after the payment of the debts exhibited in the time limited as aforesaid. When suit SECT. 18. Whenever the creditor of any estate, not brou ht if ex- re P resen ted insolvent, shall present his or her claim to ecutor refuses the executor or administrator, within the time limited by the claim. the court of probate, for the exhibition of claims, and the executor or administrator shall disallow and refuse to pay such claim ; if such creditor shall not, within six months after he has been notified, by such executor or administrator, that his claim is disallowed, commence a suit before a court competent to try the same, against such executor or administrator, for the recovery thereof, that the validity of the claim may be legally decided, then such creditor shall be forever debarred of his claim against such estate : Provided, that in case such creditor Extension of die within the said six months, and before action brought cSse of cr d as a ^ oresaid ' a further period of six months shall be allowed i {^ e " in favor of the executor or administrator of such cred- it* -^ itor. /^ SECT. 19. When the mortgagee of any lands or tene- \ Jfied aS m ort 9 - at " ments slla11 die > leaving minor heirs, the executor or ad- 4 /gage of minor ministrator of such mortgagee, shall be, and he is hereby heirs. authorized, on receiving the amount due to the estate of such deceased mortgagee, to release to the mortgagor the legal title to the said mortgaged premises, and such deed of release shall be valid. Executor or SECT. 20. It shall be the duty of the executor or ad- administrator ministrator, to maintain and keep the buildings and hous- ingsTif repair' es ' appertaining to the estate of the deceased, in tenanta- ble repair, by the revenue of the lands belonging to such estate, and deliver the same to the heirs and devisees in such repair, at the time of the division and distribution thereof, extraordinary casualties excepted. May be called SECT. 21. The respective courts of probate, shall have to account power to call executors and administrators to account, for and concerning the estate of the deceased person, intrust- ed to their charge. How to be re- SECT. 22. Whenever an executor or administrator moved. shall, by reason of absence, sickness or insanity, become incapable of executing his trust, or shall neglect or refuse to do the duties thereof; or shall waste the estate, on which he administers, and be unable personally to respond in damages, any heir, devisee, legatee, creditor or surety in the administration bond, who has been injured, or may ,/ heirs ^ \ \^ Title 32. Estates. 205 be exposed to injury, may make a complaint in writing to the - ourt of probate in which the settlement of the estate is pending ; and said court shall give notice to such exe- cutor or administrator to appear before him, and answer to such complaint : which notice shall be served, by read- ing 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, on due enquiry, shall find the facts stated in the complaint to be true, he shall remove such execu- tor or administrator from office : and in such case, and in all cases, where the surety in the administration bond has become liable on such bond, he shall have liberty to insti- tute any proper suit against his principal for his security. SECT. 23. If the executor or administrator, so remov- New execute^ ed from office, be a sole executor or administrator, the tor'toSt** 1 * court of probate shall appoint an administrator with the panted? aP will annexed, of the goods not administered, or an admin- istrator of the goods not administered, as the case may require, and as in the case of the death of an executor, or administrator ; and such administrator, so appointed, shall have power, and it shall be his duty, to ask for, de- mand, and receive of the executor or administrator so removed, his heirs, executors or administrators, all the goods and effects of the deceased; and also, all books proceed of account, bonds, notes, or other securities, documents or papers, that concern the estate, and may be wanted in the settlement of it : and all suits in law or equity pend- ing before any court, in favor of, or against, the executor or administrator so removed, shall survive to, and may be prosecuted by, or against, the administrator, appointed to succeed him. SECT. 24. Whenever an administration bond shall be Further secu found to be insufficient, it shall be the duty of the court of rit y ma y br probate, who took the same, to require further security requm of the executor or administrator ; and on his neglect or refusal to find such further security, to remove him from office, and to appoint an administrator to succeed him, as is heretofore provided in this act. SECT. 25. When the debts and charges, allowed by When sale ot the court of probate, in the settlement of an intestate es- lands shall bo tate, or of a testate estate, where sufficient provision is ordered - not made by the will of the testator, shall exceed the value of the personal estate, it shall be lawful for such court to order the sale of so much of the real estate as shall be sufficient to pay the same, with incident charges of sale, in such manner as shall appear to him to be most for the benefit of such estate ; which sales shall be good and effectual in law. 206 Title 32. Estates. What personal SBC T. 26. When the personal estate of the deceased, tte'wi- sha11 not be sufficient for the payment of his debts, be- ^ - dow. sides household goods, exempted from execution, the court of probate that granted administration on the es- tate, shall set out to the widow such necessary household goods as are exempted from execution, to be her prop- erty. WheareaJ SECT. 27. When the debts and charges, allowed by ma^be sold an y cour t of probate, in the settlement of an intestate es- in preference' tate, or of a testate estatej (where sufficient provision is to personal es- not made by the will of the testator,) cannot be fully paid out of the personal estate, without prejudice to the widow or heirs, by depriving them of their necessary stock and imple'ments for farming, or other business, for upholding life, such court shall have power and authori- ty to order payment of such part of the debts and charges as he shall judge reasonable, by disposing of the lands or real estate, for such purpose, in such way and manner, as he shall judge to be most equitable for the widow and heirs, or devisees, of such estate. If estate of one SECT . 28. When any testator, by his last will and testa- atee^'s Taken men ^ sna ^ g' ve an y personal or real estate to any person to pay debts, or persons, and the same, or any part thereof, shall be the others shall taken and sold for the payment of the testator's debts, as contribute. ^ e j aw p rov jd es? a u the other legatees, devisees, or heirs, shall refund their average or proportional part of such loss, to such person or persons, from whom such leg- acy or devise shall be taken away ; and he or they may maintain an action at law to compel such contribution. Distribution SECT. 29. The courts of probate shall make, and they e ma e; are } iere jj v empowered to make, a just division or distri- bution of all the estate, both real and personal, of any person dying intestate, after deducting all the expences and charges, payable out of the same ; which distribution shall be made by three sufficient freeholders, or any two of them, to be appointed by the court of probate, and unless persons sworn according to law ; unless all the persons interested interested m anv es tate, being legally capable to act, shall mutually dfrision POn * agree upon a division, and present the same in writing, under their hands and seals, to the court of probate ; in which case, such agreement shall be accepted and re- ceived for a settlement of such estate, and be accounted good and valid in law, being acknowledged, by the par- ties subscribing, before said court of probate, or a justice of the peace, and recorded in said court. Mode of dis- SECT. 30. The distribution of the estate shall be in the fribution: manner following, that is to say, one third part of the per- sonal estate to the wife of the intestate, (if any there be) Title 32. Estates. 207 forerer; and one third of the lands and houses during life, where she shall not have been otherwise endowed before marriage : and all the residue and remainder of the real and personal estate, by equal proportions, accord- ing to its value at the time of the distribution, to and among the children, and such as legally represent them, to the children; if any of them are dead; excepting children, who shall receive estate, by settlement of the intestate, in his life- time, equal to the shares of the others ; and children ad- ranccd, by settlement or portion, not equal to the shares of the rest, shall have so much of the estate as shall make all the shares equal ; and the estate shall be so divided. as that the male heirs shall have their part in the real es- tate, so far as the estate will allow ; but whenever 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 such distribution to be made accordingly : provided, that where it shall appear to the court of probate, that any estate in houses and lands can- not be divided among all the children, without great pre- judice and inconvenience, said court may order the whole to be set to the eldest son, if he accept it, or, on his refu- sal, to any other of the sons, successively ; and the son accepting it, shall pay to the other children of the de- ceased, their equal and proportionable shares of the true value of such houses and lands, upon a just appraisement, to be made by three sufficient freeholders, on oath, or shall give security to pay the same in some convenient time, as the court shall limit, with lawful interest. SECT. 31. And if any of the children die before he or he come of age, and before marriage, or before any le- gal disposition thereof, and before marriage, the portion of such child deceased, shall be equally divided among the surviving children, and their legal representatives. SECT. 32. If there be no children, or any legal repre- to brothers sentatives of them, then one moiety of the personal es- and iter ; tate shall be set out to the wife forever ; and one third of the real estate for the term of life ; and the residue of the estate, both real and personal, except as hereinafter provided, shall be distributed and set off 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 to parentl . be no parent, then equally to every of 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 equal- ly to the next of kin, in equal degree : kindred of to next of kia. 208 Title 32. Estates. Ancestral es- tate. the whole blood to take in preference to kindred of the half blood, in equal degree : no representatives to be admitted among collaterals, after the representatives of brothers and sisters. Provided, that all the real estate of the intestate, which came to him by descent, gift, or de- vise, from his or her parent, ancestor, or other kindred, shall belong equally to the brothers and sisters of the in- testate, 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 equal- ly to the children, and those who legally represent them, of such person or ancestor; and if there be no such chil- dren or representatives, then equally to the brothers and sisters of such person or ancestor, and those who legally represent them ; and if there be none such, then it shall be set off and divided in the same manner as other real estate. And if there be no wife, all the estate, shall be divided among the children and heirs, in manner afore- said. Heirs and de- SECT. 33. And every one, to whom any share or par'. bSStorefund sha11 be distributed > or an J estate devised or bequeathed. incase of debts where no provision is made for the payment of debts out of any particular estate, by will, shall give bond, with surety, before such court of probate, if debts should after- wards be made to to appear, and be allowed, after the settlement of such estate, to refund to the executor or administrator, his proportional part thereof, and of the charges f the executor or administrator. SECT. 34. And the widow's dower, or thirds, in the re- al estate at the ex P irat i n of her term, shall, also, b'e dis tributed as aforesaid, if the same remain undivided. SECT. 35. When real estate, given by will, is ordered, ^ ^he testator, to be divided among two or more devi- j- , ., sees, and no person is appointed to divide the same, or the person appointed neglects, or refuses to make the di- vision, or dies before he has made it, the court of probate before which the will is proved and approved, shall <>p- point three freeholders, as the law provides, for the di- viding of intestate estates, to make division thereof, ac- cording to the will ; who shall make return of their do- ings to such court ; unless such devisees, being legally capable to act, shall agree upon a division in the same manner as is herein before provided, in regard to intes- tate estates, which they shall have power to do. SECT. 36. And if any person shall be aggrieved, by any order, sentence, denial, or decree or judgment, of a court of probate, in the settlement of an estate, such person may appeal therefrom to the superior court in the coun- When dower Division a- mongjomt devisees. Right of ap peal. Title 32. Estates. 209 !y where sueh court of probate is holden ; and every person so appealing, shall give bond, with sufficient surety, to prosecute such appeal to effect, and answer all damage in case he fail to make his plea good. And all persons who are aggrieved as aforesaid, who are of full age, and present, or have legal notice to be present, Time of ap- shall appeal to the next superior court, and not after- peal limited. wards : and if they have no notice to be present, and are not present, then they shall appeal within eighteen months. SECT. 37. All persons aggrieved as aforesaid, who shall be under the age of twenty-one years, at the time of making the order, or rendering the judgment complain- ed of, shall appeal within eighteen months after they shall arrive to full age. All persons belonging to this state, who shall be absent at the time of making the or- der, or rendering the judgment, and all persons not in- habitants of this state, who are not present at the time of making such order, or rendering such judgment, shall appeal within three years thereafter : provided, that per- sons who are inhabitants of the state, and absent from the same, shall, if they return to the state, appeal with- in one year after such return. SECT. 38. The estates of persons condemned to death, Disposition of and executed, shall be disposed of as intestate estates by etatcsof per- law are, after deducting the costs of their prosecution, 80I1S executed - imprisonment, and execution. SECT. 39. Administration shall not be granted upon Limitation of the estate of any deceased person, after the expira- gating ad- tiou of seven years from his death. No will shall be al- ni lstration > lowed to be proved, by any court of probate, after the an( j p rov in<>- expiration of ten years from the death of the testator: will, provided, that where any minor is interested in the estate, three years shall be allowed after his arrival to full age, to take out administration thereon, or to prove and allow the will: and provided, that the times in this section limited, for the purposes aforesaid, shall, in no case, begin to run at, or be computed from, any time prior to the first day of June, one thousand eight hundred and twenty- one. SECT. 40. When it shall appear to the executor or ad- How topiv- ministrator, that the estate will probably be insuiiicient CfHid w'"? 11 to pay the debts of the deceased, he shall represent to 9 * the court of probate, which proved the will, or grant -d administration, the condition and circumstances of such estate ; and such court shall proceed to settle it as an insolvent estate ; and shall direct the executor or admin- istrator to give public notice to all persons interests' in such estate, to appear, if they see cause, at such time and 27 210 Title 32. Estates. place as the court shall appoint, by posting up the same in the town where the deceased last dwelt, and by ad- vertising the same in a newspaper printed in the county where the deceased person dwelt, (if any there be,) it' not, then in an adjoining county ; and also, in any other newspaper, whiclUhe court may designate for that pur- pose ; to be heard relative to the appointment of com- missioners, to receive and examine the claims of the creditors of such estate ; and after such hearing, said Appointment c <>urt shall appoint two or more disinterested and judi- ofcommis- cious persons, with power to receive, examine, and al- sioners to ex- ] ow the claims of the several creditors, which shall be ' proved, by legal evidence, to be justly due : which commissioners shall be sworn according to law, and shall cause the times and places of their meetings, for attending Notice to be the creditors to receive and examine their claims, to be given to credi- made known and published, by setting up notifications thereof in some public places in the town, where the deceased person dwelt, and also by advertising the same in a newspaper, printed in the county where the 'deceas- ed person dwelt, if any there be, and if none, then in an adjoining county ; and such further notice as the court of probate may order. And the said court of pro- t imes within hate shall allow six, ten, or eighteen months, as the cir- which credi- cumstances of the estate may require, for the creditors to Sttheir 6 *" brm o in tbe * r cla i ms ? and prove their debts ; and after claims. ^ e expiration of such limited time, the commission- Report of ers shall make their report, containing a list of all the commission- claims by them allowed ; and such court shall allow them a reasonable compensation for their services, out of the estate of the deceased. Appeal from SECT. 41. Whenever any person shall be aggrieved, commission- ^y ^ e j o j n g S o f the commissioners, in allowing or reject- ing a claim or demand, upon an insolvent estate, and the matter in demand shall exceed the value of seventy dol- lars, such aggrieved person may, within fifteen days after the report of commissioners is returned into court, file his or her motion, praying a review of such claim or de- mand ; and thereupon the judge of probate, with one judge of the county court, and one justice of the peace in the county, shall, as speedily as may be, hear the par- ties, and, according to the justice of the case, render judgment to establish, reject, or correct such report, so far as regards such claim ; and the judge of probate shall conform himself, to such judgment in proceeding upon such estate : from which judgment, and the acceptance of the report of commissioners, there shall be no appeal. And no executor or administrator on an insolvent estate shall, in any other manner, contest the proof or validity of" Title 32. Estates. Ill any claim or demand, allowed or established as aforesaid. Provided, however, that such aggrieved person, shall, at the time of filing his or her motion as aforesaid, give suffi- cient security, to the acceptance of the judge of probate, that he or she will pay to such judges and justice of the peace, each, at the rate of two dollars per day, and the fees of travel, as established by law, for their services as aforesaid, in case he or she, on a hearing of such claim, shall fail to obtain a judgment for the alteration of such report : otherwise, such expence shall be paid from the insolvent estate. SECT. 42. No suit (except for debts due to the state, or g u it 9n ottobe for last sickness and funeral charges) shall be brought broughtpend- against the executor or administrator, of an insolvent ing the settle- estate, so long as the same shall be depending for settle- ^ e f an ment : and in case judgment shall be rendered in a suit, before the estate was represented insolvent, execution shall be stayed till the estate can be settled, according to this act : and the judgment creditor shall receive his aver- age, or proportion of the estate, with the other creditors : and in case that be not paid, on the settlement of the estate, such creditor, shewing the same, and producing a certificate of his average, the court shall order execution to issue on such judgment for the same. SECT. 43. If on the report of the commissioners, such estate shall appear to be insolvent, the court of probate, to whom such report is made, shall order and set out to the widow of the deceased, if any be, such necessary Necessaries household goods, to be her own property, as are exempt- for widow, ed from execution by law ; and the court shall order the widow's dower to be set out according to law : and the residue and remainder of said estate, both real and per- sonal, including the widow's dower, subject to the incum- brance of her estate for life, said court shall order and Order of sale, direct the executor or executors, administrator or admin- istrators, appointed to administer on such estate, to sell, in such manner as shall appear to said court to be best for the creditors ; and notice of such sale shall be pub- lished in a newspaper printed in the county where the estate lies, if there be any, if not, in an adjoining county : and such executors and administrators shall have power to make sale thereof, and to execute proper conveyances to the purchasers, which shall be valid in law : Provided, that at any time, during the settlement of the estate, the court of probate shall have power to order the sale of the whole, or any part, of the insolvent's personal estate. SECT. 44. And such sales being made, the executors or administrators shall render an account to the court of probt 3, of the amount thereof, and the monies arising 212 . Title 32. Estates. 'therefrom; a.nd said court shall direct the payment ot' the debts and demands against the estate to be made in Average. the following manner : the funeral expenses, and incident charges of settling and selling the estate ; debts due for the last sickness of the deceased ; taxes and debts due to the state ; and the debts of the several creditors, as allowed by the commissioners, in proportion to the sum found to be due. Provision for SECT. 45. Every creditor, who shall not exhibit and creditors fail- make out his claim to the commissioners, before the ex- ing. 10 present pi ra tion of the time limited for that purpose, shall be InVhin limited ^ orever debarred of his or her debt; unless he or she time. can shew some other or further estate, not before discov- ered, and put in the inventory ; who, on discovery there- of, shall give notice to the executor or administrator : and in such case, it shall be the duty of the executor or ad- ministrator, to make an additional inventory, compre- hending such new discovered estate, and present the same to the court of probate : and such estate shall be sold and disposed of as the other estate of the deceased. The judge of probate shall examine the claim of such creditor, and allow such part thereof, as shall appear to be justly due; and after deducting the additional 1 charges, shall order so much of the avails of the new discovered estate to be paid to him. as will make him equal to the other creditors, if sufficient ; if not, then the whole shall be paid to him ; but if there should be more th..- sufficient, then the surplus shall be equally divided and averaged among all the creditors of such insolvent estate. CHAP. II. An Act securing to the State a priority of claim against the estates of Insolvent Debtors. JTy E it enacted by the Senate and House of Rep- ex. . j-j resen tatives. in General Assembly convened, Assignees to That whenever the estate of an insolvent debtor shall be pay debts due iri the hands of assignees, either in pursuance of an insol- fu he 6tatC ' in vent act ' or k) r voluntary assignment, it shall be the duty of such assignees, to pay all debts due to this state from such debtor, out of the avails of such estate, in full, before any average or distribution is made among the other cred- itors. SECT. 2. If the principal, in any bonder contract giv en to thG state > or the treasurer, for the use of the state, tr. entitled shall be insolvent, or being deceased, shall not have left Title 33. Fences. 213 sufficient estate to pay all his debts, and any surety or sure- to _ priority a- tie>. on such bond or contract, shall pay the money due f^te oVthV* to the state, he or they shall have the same priority as to principal, payment of the debt out of the estate of the principal, as is secured to the state. TITLE 33. Fences. An Act concerning Fences arid Common Fields. TJE it enacted by the Senate and House of Rep- ' jiJ resentative.s. in General Assembly convened, That the proprietors of lands shall make and maintain Whatshali sufficient fence or fences to secure their particular fields and enclosures : and a rail fence, four feet and a half high, a stone wall four feet high, well and substantially erected, and any other fence, either of rails, boards, hedge, ditch, brooks, rivers or creeks, which, (in the judgment of fence-viewers,) shall be equal to a rail fence four feet and a half high, shall be deemed a sufficient and lawful fence. SECT. 2. When adjoining proprietors inclose their land in severalty, each shall make and maintain one half of the divisional fence : and when adjoining proprietors make a divisional fence, of posts and rails, boards, or a hedge fence, each shall be allowed twelve inches from the dividing line to break the ground, to set in the posts and stakes ; but the posts shall stand in the dividing line : and in making a stone wall, or other fence, each proprietor shall be allowed to set one half of the width on each side of the dividing line, provided it does not exceed one foot and a half from the dividing line, upon the land of the adjoining proprietor : and, except in the case of house or home lots, four feet shall be allowed for a ditch from the dividing line ; provided, the party making the ditch, shall lay the bank upon his own land. SECT. 3. If one proprietor shall first occupy his land, When one pro- and make the whole fence, and afterwards the adjoining prietor first in- proprietor shall occupy the adjoining land, by particular clo ^ esand i 11 * i. i ii- f \i j- i makes the enclosure, he shall purchase one halt of the divisional wno le fence fence, and maintain the same ; and if the parties do not the other shall agree, in dividing and appraising said fence, the party purchase half, aggrieved may call on the select-men of the town, or a major part of them, who may divide and set out to each party, his equal proportion of said fence, and de- termine how much the party, last occupying, shall pay for the fence to the party erecting the same ; an ac- count of which, under the hands of the select-men, shall 214 Title 33. Fences. be sufficient evidence for the party, who erected said fence, to recover the same from the party last occu- pying, as aforesaid. When fence SECT. 4. Whenever there has been a fence between hall be divid- adjoining proprietors, which has never been divided, and either party refuses to divide the same, the other party may call on the select-men to make a division, and the select-men shall set out the better part, (if any there be,) to him who erected it, or holds under him who erect- ed it ; and the cost shall be paid by him who wilfully re- fused to make such division, to be recovered, in a proper action, by the other party ; and a certificate of the amount of such cost, under the hands of the select-men, shall be sufficient evidence. And the division of fences, made as aforesaid, and recorded in the records of the town where the lands lie, shall be valid and binding on the parties. How to pro- SECT. 5. If any person, who ought to maintain any di- ceed, when visional fence, shall refuse or neglect to keep it in suffi- divisionalfence . -11.111 isnot in repair; cien t repair, the party aggrieved shall have power to call on the fence-viewers to view the same, and if they find such fence to be insufficient, they shall, without delay, give notice, in writing, of such insufficiency, to the per- son or persons who are bound to repair it ; and if he or they do not, within six days, put the same in sufficient repair, then it shall be lawful for the party aggrieved to d it ; and when the same shall be completed, and judg- i / +ed*'t e< ^ sufficient, by said fence-viewers, they shall estimate *, ^ )t<1 the value of such repairs, and make a certificate thereof, t under their hands, with an account of their fees ; and the ; party aggrieved shall have right to recover the same of the party who ought to have made such repairs, and on his neglect or refusal to make payment, for thirty days, after demand made, the party aggrieved may sue for and recover it, by an action on the case, before any court proper to try the same. and when one SECT. 6. No person shall lay open his inclosures to the lays open his common, and remove the divisional fence, without giving inclosure. three months' notice to the adjoining proprietor ; who shall have a right to purchase the same, on paying the value thereof; and if the parties cannot agree, it shall be determined by either two of the select-men of the town. How to make SECT. 7. When the dividing line between adjoining divisional proprietors, shall be a river, brook, pond, or creek, which fence, when it j s no t a sufficient fence, and it is impracticable to make cedinthe luw". the fence in the line ' ifeitner P art y sha11 refuse to make a divisional fence, on one side, or the other, then either two of the select-men of the town, shall, on application ot either party, desirous of making such fence, determine on Title 33. Fences. , 215 which side thereof the fence shall be erected and main* tained. or whether partly on one side and partly on the other, ai'd what part each shall make and maintain, and- > deliver their determination, in writing, to the parties ; an* 1 'f either shall refuse to make and maintain his part of th r - fence, the other may proceed, as is prescribed in the fifth section of this act. SECT. 8. And the select-men, or fence-viewers, for any F . ees of fence service performed in virtue of this act, shall be allowed V1 one dollar per day, and, at that rate, for a longer or short- er time. SECT. 9. The proprietors of land in any field that now power of pro- is, or may be, established and used as a common field, prietors of may meet, by themselves or agents, annually, on the first common fields. Monday in March, or on such other day as they shall ap- point, at the usual place of holding town-meetings, in the town where the common field is, or at such other place as they shall appoint, and shall have power, by a major vote, to be computed according to their interest, to adopt regulations with respect to the fencing and occupying such common field, and to do every thing necessary for the good management of the same. And they shall have power to choose a moderator and clerk, which clerk shall enter all the acts and votes of the said proprietors, relat- er ' ing to the management of their common fields, and shall be sworn to a faithful discharge of his office, and shall continue in office until another is chosen and sworn in his room ; whose fees shall be the same as town-clerk's for the like service. SECT. 10. And they shall choose a committee, to take Committeeand care of and manage the affairs of the common field, and fence -viewers. fence-viewers, and haywards, who shall be sworn to a faithful discharge of the duties of their office : and if any person, so chosen, shall refuse to serve,, he shall incur the same penalty, to be levied in the same manner, as in the case of refusing to serve in town-offices. SECT. 11. The committee appointed for any common Meetings, how field, may call a meeting of the proprietors, when, they warned, shall judge it necessary, either by giving warning to such of them as live in the town where such field is, and to the agents of nori- resident proprietors, if there be any in the same town, at least three days before such meeting, or by warning the said proprietors, in such other manner as in their lawful meetings they shall agree. SECT. 12. And the proprietors, at a lawful meeting, Proprietors shall, have power to lay taxes upon themselves, ac- maylaytaxea cording to their interest in the common field, to defray the expences that may arise in setting out or altering the fence, in making gates and bridges for the field ; and for 216 Title 33. Fences. any other common charge, which they shall judge neces- sary ; and may appoint collectors to collect the tax^s; who shall have the same authority as collectors of town taxes, and be under the same penalties, for refusal to ac- cept, and execute the office. And it shall be the duty of the committee to make the rate-bills, and procure war- rants, signed by a justice of the peace, authorising their collection. Adjoining SECT. 13. When a number of proprietors of lands in towns may one town, or in several towns, have their lands ad^oin- * n ?' anc ^ so s ^uated that it may be convenient and bene- ficial for them to occupy them as a common field, if two thirds of such proprietors, counting their votes according to their interest, shall agree to occupy such land as a common interest, they may apply to the county court, in the county where the lands lie, and represent to them the circumstances thereof, due notice having been given to the other proprietors to appear at said court, to make ob- jections, if any they have, against occupying such lands as a common field. And on obtaining the allowance and approbation of such court, said proprietors are empow- ered to farm and occupy the said lands as a common field, with all the powers and privileges of those which are already established : and where the lands lie in seve- ral towns, they shall hold their meetings at the usual place of town-meetings, in the town where the greater part of the land lies, or at such other place as they shall appoint. County courts SECT. 14. The county court shall have power, on the mayaltercom- petition of one or more of the proprietors of a common men fields. ft e \^ to \[ m {^ extend, or alter the bounds of the same, in such manner as they shall think will best conduce to the interest of the proprietors : and notice of the penden- cy of such petition. shall be given to one or more of the committee, and an attested copy left wi{h the clerk of the proprietors, at least twelve days before the hearing of the same : and the cost, incurred by such application, shall be taxed by the court, and paid by the petitioners. Committee SECT. 15. The committee of the field, or a committee may set to appointed for that purpose, shall set out to each propri- " etor ' ms P r P rtion of the fence, and the place where it is to be made ; who shall make and maintain it, and shall observe the orders of the proprietors for the occupation of the common field. And each proprietor, in order to make or repair his part of the fence, may pass over the land of any person, in the common field, when necessary ; and where the line of a common field bounds upon a par- ticular inclosure, one half of the fence shall be made by the proprietors of the common field, and the other half Title 33. Fences. -217 by the owner of the particular inclosure. And such pro- prietors shall not, by laying open their field or inclosure, excuse themselves from making and maintaining their divisional fence, without liberty first had from the co i:;ty court. And where the common line offence runs across a particular inclosure, and divides it, the committee, in proportioning the fence, shall consider the advantage or disadvantage that this may be to the owner of the partic- ular inclosure. And all such fences, set out to the own- ers of particular inclosures as aforesaid, shall be inspect- ed and repaired, as part of the fence of the common field. SECT. 16. When a common line offence has been, or Line not to be shall be, established, it shall not be altered, excepting by alter ed, butby a major vote of the proprietors, computed according to ma J rvote< their interest; and when they agree to alter such fence, the committee, to effect it, shall cause their doings to be entered with the clerk of the field. SECT. 17. Where any person shall purchase lands in a Committee common field, the committee shall have power to set out to set out pro- to such purchaser his proportion of the fence, at the re- ^^haser * quest and charge of the grantor, and shall cause an entry thereof to be made with the clerk of the field ; and until that is done, the grantor shall maintain such fence. And if any proprietor in a common field dies, and his heirs or devisees refuse to maintain the fence, the committee shall proportion the fence to such heirs or devisees, in the list offence, and they shall be bound to maintain it. SECT. 18. And the owners offence, in the line of com- How parts of mon fence, shall set and keep up stakes, with the two fence are to be ' first letters of their names on them, to distinguish their dlsti ngui s hed. part of the common fence ; and every person neglecting to do it more than two days, after warning given him, by either of the fence-viewers of that field, shall forfeit twen- ty -five cents, to the use of the proprietors of the common field. SECT. 19. Common fields shall be fenced in the same How common manner as is required in the case of particular inclosures : fields are tobe and it shall be the duty of the fence^viewers to inspect fe the fence of common fields, and take care that it is kept in sufficient repair ; and if they find it to be insufficient and defective, in any part, they shall forthwith give notice to the owner, or the person who ought to maintain it ; and if he shall not, within five days after notice, erect such fence, or put the same in sufficient repair, they shall forthwith make, or repair the same ; arid the owner, or person who ought to maintain such fence, shall pay double cost and charges to the fence-viewers : and if he neglect to pay it for ten days, after an account is presented, and 28 218 Title 33. Fences. demand made, the fence-viewers shall have a right to re- cover it. in an action on the case, brought before a court proper to try the same : Provided, that such person, within ten days after the account is presented, and the de- mand made, may apply to two select-men, or fence-view- ers, of the town, not interested in the controversy, who shall appraise and estimate the expence of making or re- pairing such fence ; and if such person shall not, forth- with, pay double the appraisement, the fence-viewers, who made or repaired such fence, shall have right to recover it, in an action on the case. SECT. 20. No person shall feed or bait any creatures on his neighbour's land, in a common field, without his consent, from the tenth day of April, to the tenth day of October, in each year ; unless such field, by the agree- ment of the proprietors, shall be sooner opened for feed- ing : and all creatures found so feeding shall be liable to be impounded, by the hay ward of the field, or the owner of the land. How damage SECT. 21. All damage done by cattle, horses, sheep or done by beasts sw ine, when the fence is sufficient, shall be paid by the bepaid ' owners of them ; but if the fence is defective, then by the owners of the fence : but where the fence is defective, the owners of the cattle shall pay the poundage, before they are released from pound, and shall recover the same ol the owner of the defective fence. Non-residents SECT. 22. Non-resident proprietors of a common field shall certify & \^\] certify to the clerk, under their hands, their agent* t h w field, such particular inclosures shall be under the same re S ulatefl - regulations, as to fencing, and in all other respects, as par- icular inclosures, not within a common field, are, by this act. Provided, that the proprietors of common fields may, at a legal meeting, make any special regulations that they may think proper, respecting the fencing of particular fields and inclosures within such common fields. TITLE 4. Ferries. An Act relating to Ferries. E it enacted by the Senate and House of Rep - resentatives, in General Assembly convened, That it shall be the duty of every town, except otherwise ^kee'pand provided in this act, within whose limits, a ferry is now maintain fer- established and used, or in which a ferry may be hereafter ries. established and used, to keep the same in good order, and see that it be furnished with all things necessary for the complete and safe enjoyment thereof, by the public, in the manner hereinafter provided ; and when any ferry is established and used, or hereafter shall be established and used, across any stream or body of water, that is the tli vision line between any two towns, it shall be the duty of those towns, between which the ferry is, or may be, to see that the same be kept and furnished as aforesaid, at the equal expense of those towns, unless it shall be otherwise agreed between them. Provided nevertheless, Proviso. that, where in any particular case, any person, persons or corporation, are or shall be liable by law, contract or otherwise, to keep and maintain any particular ferry, in any town, or between any two towns, such town or towns, shall be enabled to enforce such liability, against such person, persons or corporation, and obtain from them, an indemnity for all costs and charges they may be subjected to, by force of this act. SECT. 2. Every ferry shall be furnished and provided ferries to be with a good tight boat or boats, and scow, if necessary, furnished with of sufficient number, dimensions, strength and steadiness, boats, &c. 220 Title 34. Ferries. attention, &c. ProTi*o. The owners, &c. of ferries, entitled to the emoluments. Proviso. The fares stat- ed by the gen- eral assembly, may be receiv- ed, and no oth- er, an penalty A post with the fare there- on be kept to at each ferry, for the safe and speedy transportation of passengers, their teams, cattle, horses or other creatures ; and said boat, boats or scows, shall, at all times, be well furnished with suitable oars, and other implements necessary for the service, and also with men of sufficient number, strength. discretion and skill, to manage the same ; and there shall be erected at each ferry, and at all times kept in good repair, all necessary wharves at the places of embarking and landing, that passengers, their teams, cattle, horse? and other creatures, may be embarked and landed, without danger, or unnecessary delay. SECT. 3. The ferry-men employed to manage the fer- ry-boats and scows, and tend the ferry, shall, at the ferries, for which they are respectively employed, give constant and diligent attention to that business, from sun- rise, until nine of the clock at night, from the first of April to the first of October, in each year, and until eight of the clock at night, from the first of October to the first of April ; and shall not deny or delay, the speedy carrying over of any passenger, his team, cattle, horses or other creatures. Provided, that no ferry-man be compellable to put off from shore, or attempt to pass any ferry, when it manifestly appears to be hazardous so to do, by reason of any storm, tempest or ice. SECT. 4. The owner or owners, keeper or keepers of any ferry, authorized and established by law, and kept agreeably to this act, shall have the exclusive privilege of ^ e transportation across the same, of all passengers, their teams, horses, cattle, and other property, from the place where such ferry is established, to every other ferry-place, or usual place of landing, and be entitled to all the fare by law arising therefrom. Provided, that nothing herein contained, shall be construed, to prevent any person from passing such ferry, in his own, or his neighbors' boats, or canoes, on his or their own business. SECT. 5. The fares that are, or may be stated and fixed, by the general assembly, for each ferry, and no other, may be demanded and received, for the trans- P or tation f anv persons, their teams, cattle, horses and other property over the same ; .and every ferry-man, or other person employed at a ferry, that shall demand and take more * han ih ^ ^ are SO stated and nxect i sna11 forfeit the sum of three dollars, to any informer, who shall sue for and recover the same ; in the trial whereof no appeal 'shall be allowed. . SECT * 6 * ^ n each side ^ ever y river > or body f wa " * er ' wnere a ferry is, or may be authorised, and estab- lished, there shall be fixed a post, with the several fares, allowed by law for such ferry, written thereon in large letters, so near the place, where passengers enter the Title 34. Ferries. 221 boat, used for such ferry, that the same, with the writing ^ e fo f r a ^ ture of thereon, shall be open and legible to such passengers : and if, at any time, any ferry-place shall be deficient in such post, no fare shall be receivable thereat, during such deficiency. SECT. 7. The senate shall annually appoint two com- The senate to missioners on each and every of the ferries, in this state, *j*,^ ri except on the Middletown ferry, who shall be deriomin- f or each ferry' ated commissioners of ferries ; whose duty it shall be, as ^^ often as, in their opinion, the public good shall require it, carefully to inquire into the management of the ferry, over which they shall respectively be appointed ; to in- spect the boats, scows and oars, used at said ferry ; and the wharves, causeways and landing-places, appurtenant thereto ; and to see whether said ferry be kept and at- tended, by suitable ferry-men, and according to law. And if said commissioners shall, at any time, find, that said wharves, causeways, landing-places, boats, scows and oars, or any or either of them, are not in good repair, or m ^f J der re " convenient and suitable for the purpose of said ferry, or ^"t-inen of that said ferry is, in any respect, not kept and maintain- towns, in a ed according to law, it shall be the duty of such commis- limited time, sioners, to notify one or more of the select-men of the town, in which such ferry is, or of the towns between which such ferry is, (where such ferry shall be over a stream, or body of water, dividing two towns,) in writing, pointing out. particularly, the defect or deficiency com- plained of, or noticed by them, with an order to such select-men, that such defect or deficiency, relative to such ferry, be repaired, or furnished, according to law, On failure of by said town or towns, within a reasonable time, limit- towns tomakc ed in such order ; and in case the said order is not com- rep 5 ""* the plied with, by said town, or towns, in the time therein to mak^themt limited, it shall be the duty of said commissioners, to and exhibit cause such deficiency or defects to be repaired, and fur- their account nished and supplied, as soon as possible, to answer the * *J^ to b?al- law, and make report of the expense of the same to the lowed and re- county court, in the county where such town or towns, covered or one of them, is situate : and such court shall liquidate <*S ainsttlie !//*/. towns, said expence, and grant execution therefor, in favor of said commissioners, against such town or towns. SECT. 8. If the commissioners of any ferry, shall find Commission- any ferry-man negligent of his duty, in attending said p" n o^chV ferry, or unqualified for the same, they shall have power miss ferry- to suspend, or displace such negligent or unqualified fer- men ; ry-man ; giving written notice of the same to the town or towns, through their select-men, \vhose duty it is made by this act, to see that said ferry is kept and maintained : and thereupon it shall not be lawful for such ferry-man, to attend said ferry, until said suspension shall have ex- 222 Title 34. Ferries. and prescribe P ired ' or until he sha11 be rest red by said commission- the number of ers ; and said town or towns, shall thereupon employ an- ferry-men for other man, to attend said ferry : and the number of ferry- each boat. men to a ttend each boat, shall be prescribed by the commissioners. And in case the said town or towns, when notified as aforesaid, shall not forthwith employ another, or a suitable number of ferry-men, it shall be ^ e duty of the commissioners to employ one, or a or commis- suitable number, at the expence of such town or towns, sionersmay,at so long as such town or towns continue in such neg- their expense. j ect . an( j suc h expence shall be liquidated and recov- . ered in manner aforesaid. New-LoTdonf SECT ' 9 ' At each of the ferries of New-London, Say- Saybrook and brook and Middletown, and at all others, that are, or may Middletown, be, so directed, by the general assembly, two good and ed Sith'tS'o ~ sufficient boats > sha11 be constantly kept, for the use of boats. the same ; and for the more speedy accommodation of passengers, the ferry-men employed at those ferries, shall n t suffer both the boats, to lie at the same time, on one side of the ferry, but as soon as one boat has crossed such ferry, the other boat shall immediately put off, and go to the other side, whether there be any passengers ready to go over or not. unless the other boat shall immediately return ; and when any passengers are waiting on the other side of the ferry, after the boat from that side has put off, the other ferry-boat shall immediately put off, to Penalty onfer- carry over the passengers ; and if any ferry-rnan or ferry - ry-man, for me n, shall neglect to conform to the true intent and mean- neglect of dut\-. - Viu- 5 1 i XL f ' ing of this section, he or they, for every such offence, or neg- lect, shall forfeit and pay the sum of three dollars, to any person who shall sue for and prosecute the same, to effect. laton S to in Mid- Provided nevertheless, that at the ferry at Middletown, dletown ferry, during stormy, tempestuous weather, and at flood time, one boat only shall be used, which shall be manned by all the men belonging to both boats, and shall be regularly and vigilantly attended. The ferry of SECT. 10. The ferry across Connecticut river, between Middletown to the towns of Middletown and Chatham, shall be kept ColcbSe? 'and and mai tai ed exclusively, by the Colchester and Chat- Chatham turn- ham turnpike company; and the said company shall pike company, have and possess the said ferry, with all its appurten- ances and privileges, in as full and ample a manner as they have been heretofore possessed and enjoyed, by the town of Middletown ; and said company shall become bound, in the sum of two thousand dollars, with surety, to the acceptance of the treasurer of this state, to keep How furnish- and maintain said ferry, as is in this act provided : and ed. in addition to the accommodations before in this act, prescribed for ferries, the said turnpike company, shall, at all times, provide a ferry-house, sufficient for the ac- Title 34. Ferries. 223 ccommodation of those, who attend said ferry, on each side of said ferry, and near thereto, with sufficient land for landing-places, and every thing necessary and conven- ient for the transportation of carriages and stages over said ferry. Provided, that the said turnpike company, p rov i go . in lieu of the two boats herein before prescribed, to be kept at said ferry, may, if they deem it expedient, provide one good horse-boat, sufficient both for size, strength and One horse- steadiness, for the safe transportation of all passengers, boat, may be stages, carriages, and every thing necessary to be trans- ke pt> in lieu ported in said boat, across said river, at said ferry ; which f o ^ ferry " boat shall be kept in constant readiness, with a sufficient number of horses, and proper men, as circumstances may require, to manage said boat, in transporting passengers, and whatever else may be necessary to be transported as aforesaid ; and said horse-boat shall be regularly and vi- gilantly attended, and shall ply in such manner as shall, in the opinion of the commissioners of said turnpike road, who shall be commissioners of said ferry, accom- modate the public equally with the mode prescribed in this act, in relation to the two boats at said ferry. And the said turnpike company, may divide the interest in said ferry into such shares, and dispose of them in such manner, as they may deem expedient. And the town of New-London, or their lessees, may, in like manner, if they deem it expedient, provide a horse-boat, at the ferry between the towns of New-London and Groton, pro- vided such boat shall, in the opinion of the commissioners of the ferry, accommodate the public equally with the mode prescribed by this act. SECT. 1 1 . The ferry between the towns of Saybrook and Saybrook fer- Lyme, called Saybrook ferry, shall be kept and maintain- ^ ^toSu ed by said towns of Saybrook and Lyme ; and the town O f Saybrook 8 of Saybrook may receive all the fare and emoluments and Lyme. accruing for the transportation of passengers, and of every thing necessary to be transported across said ferry, The west side from the west side of said ferry, to the east side thereof ; and shall be liable to all the expence of keeping in good and sufficient repair the highway or pathway leading to said ferry, on the west side thereof, which shall be kept above the tides ; and of keeping in repair the wharf, cause- way, landing-places and steps on said west side ; which wharf and causeway, shall, at all times, be kept raised six feet higher than low water mark, and shall be, at least, eighteen feet wide ; and said town shall be liable for one half of the expence of providing and keeping in repair, of manning and furnishing, all boats and scows, necessa- ry to be used at said ferry, and as shall be directed bj the commissioners thereof ,And the said town of Lyme. 224 Title 34. Ferries. The east side may receive all the fare and emoluments, accruing tor the to be kept by transportation of passengers, and of every thing neces- sary to be transported across said ferry, from the east side to the west side thereof; and shall be liable to all the expence of keeping in good and sufficient repair, the highway leading to the said ferry-place, on the east side thereof, which shall, at all times, be kept above the tides ; andjjof building, or keeping in repair, the wharf, cause- way, landing-places and steps, on the east side of said ferry ; which shall be of the same height and width, and, in all respects, kept in the same manner, as is, in this sec- tion, provided for the wharf, &c. on the west side of said ferry ; and said town of Lyme shall be liable, for the other half of the expence of providing and keeping in repair, of manning and furnishing, all boats and scows necessary to be used at said ferry, and as shall be direct- ed by the commissioners thereof: Provided nevertheless, that said commissioners may, at any time, according to the circumstances of the case, determine what part of said expense, as well as what part of their own compen- sation, shall be paid by one or the other of said towns, which shall then be paid according to such determina- tion. SECT. 12. The commissioners of ferries shall be al- lowed, for their time and expences, in attending to th- duties of their office, the same compensation, which, by- law is, or may be, allowed, to commissioners of turnpike roads ; which compensation shall be paid, by the town or towns, so keeping, or corporations, liable by this act, to keep and maintain the ferry, of which the said commis- sioners shall be, respectively, appointed. SECT. 13. The fares of the several ferries hereinafter named, shall be as follows, to wit : At New-London fer- < Commission- ers may deter- portionof ex- pence, which each town shall pay. Compensation of the com- missioners. Fares of fer- ries stated. New-London, Middletown, Chapman's, Brockway's, Warner's, Higganum's, Haddam-isl- and, East-Had- dam, Middle-Had- dam. Savbrook. ry, Middletown ferry, Chapman's ferry, Brockway' ry, Warner's ferry, Higganum's ferry, Haddam-Island ferry jHEastTlad Jam ferry, and Middle-Haddam-landing ferry, for each maj^horse and load, eight cents ; for ,, each footman, mreST Vejifj^f for each led horse, five^^f^j cents ; for each ox, or other neat kine, eight cents ; for/ each sheep, swine or goat, one cent. And the fare for every two wheeled carriage, with one man and draft horse, shall be double, and for every four wheeled car- riage, one man and draft horse, or other beast, treble, the fare of a man, horse and load, as above stated ; and for every additional person or horse, or other beast, the same as above stated. SECT. 14. At Saybrook ferry, from first of October to first of April ; for each man, horse and load, fourteen cent? ; for each footman, six cents : for each led " Title 34. Ferries. 225 eleven cents ; for each ox, or other neat kine, fourteen cents ; for each sheep, swine or goat, two cents ; and from first of April to first of October ; for man, horse and load, eleven cents ; for each footman, four cents ; for each led horse, eight cents ; for each ox, or other neat kine, twelve cents ; for each sheep, swine or goat, one cent. SECT. 15. At Derby ferry ; for each man, horse and Derby. load, four cents ; for each footman, one cent ; for each led horse, two cents ; for each ox, or other neat kine, four cents ; for each sheep, swine or goat, four mills. ' SECT. 16. At Cullick Ely's ferry ; for each man, horse Cullick Ely's. and load, twelve and a half cents ; for each footman, four cents ; for each led horse, ten cents ; for each ox, or other neat kine, twelve and half cents ; for each sheep, swine or goat, one cent and four mills. And at the three last mentioned ferries, the fare for every two wheeled car- riage, with one man and draft horse, shall be double ; and for every four wheeled carriage, one man and draft horse, treble the fare for man, horse and load, as is here- in for each of said ferries respectively stated ; and for every additional person, or horse, or other beast, the same, as herein for each stated. SECT. 17. At Rocky Hill ferry, between Wethersfield Rocky-Hiili and Glastenbury ; for each man and horse, each ox or other neat kine, four cents ; for each footman, three cents ; for each sheep or swine, one cent ; for each wheeled carriage, sled or sleigh, and driver, drawn by one horse, eight cents ; for each pleasure carriage, sled, or sleigh, stage, cart, waggon and driver, drawn by two horses, oxen or mules, fifteen cents ; for each additional horse, ox or mule, two cents. SECT. 18. AtPratt's ferry, between Wethersfield and PrattY Glastenbury ; for each man, horse and load, six cents ; for each footman, three cents ; for each led horse, three cents ; for each ox, or other neat kine, six cents ; for each sheep, swine or goat, one cent ; for each wheeled carriage, sled or sleigh, and driver, drawn by one horse, ,, ten cents ; for each four wheeled carriage, or sleigh, and driver, drawn by two horses, fifteen cents ; for each load- ed cart, waggon or sled, and driver, drawn by two oxen, twenty-five cents ; for each empty cart, waggon or sled, and driver, drawn by two oxen, twelve and half cents ; for each additional ox or horse, three cents. SECT. 19. At Kenny's ferry, in Wethersfield, and Kenny's and King's ferry, in Suffield ; for each man, horse and load, King's. four cents ; for each footman, two cents ; for each led horse, three cents *; for each ox, or other neat kine, four cents ; for each sheep, swine or goat, one cent ; for each 226 Title 34. Ferries. Scan tick. Warehouse- point. Enfieldand Suffield. Derby Nar- rows. two wheeled carriage, one man and draft horse, nine cents ; for each four wheeled carriage, one man and draft horse, twelve and half cents ; for each ox team, one man, two oxen and load, twenty cents ; for each waggon, one man, two horses and load, fifteen and half cents ; and for every additional person, horse, or other beast, the same as above stated. SECT. 20. At East- Windsor ferry, at the mouth of Scan- tick ; for each man and horse, each ox, or other neat kine. eight cents ; for each led, or draft horse or mule, four cents ; for each footman, three cents ; for each sheep, swine or goat, one and half cent ; for each wheeled car- riage, sled or sleigh, and driver, drawn by one horse, twelve and half cents ; for each pleasure carriage, 'sleigh or sled, stage, cart, waggon and driver, drawn by two oxen, horses or mules, twenty-five cents ; for each addi- tional ox, horse or mule, four cents. SECT. 21. At East- Windsor ferry, at the Warehouse- point ; for each man, horse and load, six and quarter cents ; for each man, horse and load, from first of Decem- ber, to first of June, twelve and half cents ; for each footman, two cents ; for each led horse, four cents ; for each led horse, from the first of December, to the first of June, six and quarter cents ; for each ox, or other neat kine, six and quarter cents ; for each sheep, swine or goat, seven mills ; for each two wheeled carriage, one man and draft horse, twelve and half cents ; for each four wheeled carriage, one man and draft horse, eighteen and three quarters cents ; for each ox team, one man, two oxen and load, twenty-nine cents ; for each waggon, one man, two horses and load, twenty-five cents ; and for ev- ery additional person, or horse, or other beast, the same as above stated. SECT. 22. At Enfield and Suffield ferry, at the mouth of fresh-water brook ; for a man, horse and load, four cents ; for each footman, two cents ; for each led or drift horse, three cents ; for each ox, or other neat kine, four cents ; for each sheep, swine or goat, six mills ; for each two wheeled carriage, one man and horse, nine cents ; for each four wheeled carriage, one man and horse, twelve and half cents ; for each four wheeled carriage, one man and two horses, seventeen cents ; for each four cattle team, with one man, cart, waggon or sled, twenty-five cents ; and for every additional person, horse, ox, or oth- er neat kine, the same as above stated. ECT. 23. At Derby ferry, at the Narrows ; for each man, horse and load, six cents ; for each footman, three cents ; for each led horse, four cents ; for each ox. or other neat kine, six cents ; for each two wheeled, or four Title 35. Fisheries. 227 wheeled carriage, with one man and one horse, twelve and half cents ; for each four wheeled carriage, with one man and two horses, twenty-five cents ; for each swine, sheep or goat, one cent; for each additional person, or horse, or other beast, the same as above stated. TITLE 35. Fisheries. An Act for encouraging and regulating Fishe- ries. , 1 IE it enacted by the Senate, and Home ofRep- MJ resentatives, in General Assembly convened, That every town, having clams and oysters within their Towns to respective limits, or in the waters and flats to them ad- joining and belonging, shall have power ,to make by-laws to regulate the fisheries of such clams and oysters, and t.o ters and clams. preserve the same ; and to impose such penalties, not ex- ceeding seventeen dollars, for the breach of such by-laws, as they may think proper. SECT. 2. No person or persons, shall take or catch any Connecticut shad or salmon in Connecticut river, at any other time "Y er than between the fifteenth day of March, and the twenty- in g me c fifth day of June, in each year ; and within that period, no person or persons shall set or draw any net, seine, or seines, for the purpose of taking fish in said river, at any other time than between the rising of the sun on Monday morning, and the setting of the sun on Friday evening, of each week ; and every person, who shall, at any other time, take any shad or salmon, or set or draw any net or seine, in said river, or be aiding or assisting therein, shall forfeit and pay the sum of fifty dollars, to him who shall sue therefor, and prosecute his suit to effect. SECT. 3. If any person or persons shall, at anytime, Length of | set or draw any net or seine, for the purpose of taking fish seine ' in said river, of greater length than to extend two thirds | '^{^ the breadth of said river, between its natural banks, at i ,, the place where such net or seine shall be set or drawn ; i ^ ^7 f or if such net or seine shall be set or drawn on an island or pier, in said river, if such net or seine shall extend a greater length, than two thirds of the distance from the shore of said island, or from such pier to the bank of said river ; or if any person or persons shall unite or connect two or more nets or seines, and set or draw the same, thus united or connected, in said river, so that such nets or seines, thus united or connected, shall extend to a great- I er length than aforesaid ; such person or persons shall for- 1 228 Title 35. Fisheries. feit and pay the sum of fifty dollars, to him who shall sue therefor, and prosecute his suit to effect. Forfeitures of SECT. 4. All nets, seines and boats, used in fishing, con- seines and trarv to tn i s act? on ga j d Connecticut river, except so trary t^aw? 1 " mucn " thereof as relates to the length of seines, or shall be used in any other river, contrary to the statutes of the state, regulating the shad -fishery, where the same may be so used, except as aforesaid, shall be forfeited, to him or them who shall complain and inform, and shall prosecute Mode of pros- his or their information to effect. And upon complaint edition. and information, to any justice of the peace, in any coun- ty where such nets, seines, or boats may have been soused, or may be found, such justice is hereby empowered to issue his warrant, taking good and sufficient bond for pros- ecution, directed to some proper officer, or, in case of ne- cessity, to some indifferent freeholder, requiring them to seize such net, seine, or boat, and hold the same ; who shall forthwith give notice to the owner or owners there- of, by reading said complaint and warrant, in his or their hearing, or by leaving at his or their usual place or pla- ces of abode, a true and attested copy of the same, to ap- pear before said justice ; and if said justice, after having heard said complaint or information, and the testimony adduced by the parties, shall be of opinion, that said net, seine, or boat, has been used contrary to law, such justice shall order said officer, or indifferent freeholder, to hold such net, seine, or boat, unless the same shall be replevied according to law, until final judgment shall be rendered on the same, in the county court, in the county where the offence shall have been committed, to which court said complaint or information shall be removed, by such jus- tice. But if such justice, after hearing such complaint or information, shall be of opinion, that said net, seine, or boat, seized as aforesaid, has not been used contrary to law, then he shall dismiss such prosecution, and the own- er or owners of said net, seine or boat, shall recover his or their costs. , Drag, drift, or SECT. 5. No person shall use or draw any drag, drift, f?hit2? P n- or gill-net, in the Connecticut river, below a line drawn m.'iltflj llCdr j' A i i r T / i /* J& \ the mouth of directly across said river, from L) me ferry -wharf to Of, \ Connecticut Saybrook ferry-wharf, to the rnouth of said river; or shall > river - use or draw any drag, drift, or gill-net, upon, or across any located fishing ground in said river ; on forfeiture of the boats and nets used in fishing, as aforesaid, and the sum of twenty dollars, to him who shall sue therefor, and prosecute his suit to effect. Ousatomc riv- SECT. 6. No person or persons shall draw or use any Time o fish- 8e i ne > or other fish-craft, for the taking of fish, in Ousa- ing. tonic river, or any part thereof, except between the rising Title 35. Fisheries. 229 ttf the sun on Monday morning, and the rising of the sun on Saturday morning, in each week, in the months of April, May, June and July, annually, on the penalty of forfeiting one hundred dollars, and the seine, or other im- plements made use of in taking fish, to him who shall sue therefor, and prosecute his suit to effect. SECT. 7. No person shall set or draw any seine, for the Time of fishing purpose of catching fish, between the fifteenth day of *t the mouth March, and the fifteenth day of June, in any year, near the mouth of Ousatonic river, between the place called Half-moon-point, and Quimbo's-neck-point, or south of an east or west line, from said Quimbo's-neck-point to Milford-beach-point, or within half a mile east and west, on each side of the mouth of said river : and not more than one seine shall be used during each tide, at any fish- ing-place, on any part of said river. And no seine shall Length of be used in said river of a greater length than thirty rods, seme ' on pain of forfeiting fourteen dollars, one half to him who shall sue therefor, and prosecute his suit to effect, and the other half to the treasury of the county wherein the of- fence is committed ; and also the seine, ropes, and other implements, so used for catching fish, to be appropriated as aforesaid. SECT. 8. When any person or persons have been at the expence of clearing any fishing-place or places, in Ousa- tonic river, between the mouth thereof and Leavenworth's ferry, and have constantly used the same for taking fish, in the season thereof ; or where any person or persons shall hereafter clear any fishing-place, within such limits, and constantly use the same, in the season of fishing ; he or they shall be established in the full enjoyment thereof, so long as he or they continue to use the same, for the purpose of fishing, in the proper season, and shall not be liable to any action for damages below high-water mark. SECT. 9. No person shall use any bush-seine in said No bush-seine river, or in any way obstruct, incumber, or impede the to be us ed, or drawing of seines, or the taking offish, in any of the fish- ^ obstruc- ing-places, cleared as aforesaid, either by felling trees, or by sinking logs, or other incumbrances therein, or in any other manner, on penalty of sixty-seven dollars, for every such offence, one half to him who shall sue there- for and prosecute his suit to effect, and the other half to the treasury of the county wherein the conviction is had. SECT. 10. No person or persons shall draw any seine in Windsor-ferry Windsor-ferry river, for the purpose of taking fish, after river. the setting of the sun on Friday evening, and before the T im e of fish- setting of the sun on Monday evening, in any week, in mg ' the months of May and June, annually ; nor drive the fish, in any manner, so as to impede or divert them from 230 Title 35. Fisheries. No mill-dam to be erected without a sluice-way. 1 No obstruction to be made. Quinebaug river. Time of fish- ing. Shetucket, their natural or usual course, on penalty of thirty-four dollars, one half to him who shall sue therefor, and pros- ecute his suit to effect, and the other half to the treasury of the county wherein the conviction is had. SECT. 11. No person or persons shall build or contin- ue a mill-dam, or other dam, across said river, in either of the towns of Windsor, Granby, Simsbury or Farming- ton, unless he or they shall open a sluice-way in such darn twelve feet in width, and within nine inches of the bottom of said river, and in a proper place convenient for the passage offish through such opening, and the same sluice-way keep open the width and depth aforesaid, from the tenth day of April to the twenty-fifth day of June; and whosoever shall be guilty of a breach of this section of this act, shall forfeit and pay the sum of one hundred dollars, one half to him or them who shall sue therefor and prosecute his suit to effect, and the other half to the treasury of the county wherein the offence i committed : and the court before whom such conviction is had, shall order such dam to be removed, at the ex- pence of the owner or owners thereof: and every mill- dam, so erected and continued on said river, where no sluice-way is kept open, agreeably to the provisions of this act, shall be deemed a common nuisance, and may be removed by any person whatsoever. SECT. 12. If any person or persons shall, at any time between the twenty-fifth day of April and the tenth day of June, in each ) ear, erect or place any gill-nets, pot-nets, pounds, wears, or any other obstructions, within ten rods of the sluices in the dams erected in said river, accord- ing to the provisions of this act, whereby the passage of the fish up the said sluices and river may be interrupted or impeded ; such person or persons shall, for every such offence, forfeit and pay the sum of one hundred dollars, one half to him or them who shall sue therefor, and prose- cute his or their suit to effect, and the other half to the treasury of the county wherein the offence is committed. SECT. 13. No person shall draw any seine, or other fish-craft, in Quinebaug river, or in Shetucket river, below the junction of that river with the Quinebaug, or fish with scoop-nets, at any of the falls, dams or sluice-ways, on said rivers, except between the setting of the sun on Monday evening, and the rising of the sun on Friday morning, in each week, in the months of April, May, and June, annually, upon the penalty of one hundred dollars, to the use of him who shall sue therefor, and prosecute his suit to effect. SECT. 14. No person shall draw any seine, or other fiah-craft, in Shetucket river, above the junction of that Title 35. Fisheries. 231 river with the Quinebaug, or in Willimantic, and Nachaug rivers, except between the setting of the sun on Monday evening, and the rising of the sun on Saturday morning, Timeof fish- in each week, in the months of April, May, and June, annually, upon the penalty of one hundred dollars, to the use of him who shall sue therefor, and prosecute his suit to effect. SECT. 15. No eel-wears, or walls with eel-pots, shall Obstj be set, erected or made, on or across Quinebaug river, Shetucket river, Willimantic river, or Nachaug river, at any season of the year, which will impede or obstruct the natural and usual course and passage of the fish, either up or down stream ; and whosoever shall be guilty of making or ejecting any such obstructions, shall forfeit the sum of one hundred dollars, to the use of him who shall sue therefor, and prosecute his suit to effect ; and on con- viction, the court may order such obstructions to be remov- ed, at the expence of the persons who erected the same : and every such obstruction shall be considered a common nuisance, and may be removed as such. SECT. 16. No person shall draw any seine, or other Selden's cove, fish-craft, in Selden's cove, Eight-mile river in Lyme, nor in any of the streams that empty themselves into said rivers, nor in Sumner's creek in Middletown, except creek. between the setting of the sun on Monday evening, and Time of fish- the rising of the sun on Saturday morning, in each week, ing. in the months of April, May, and June, annually, on pen- alty of fourteen dollars, one half to him who shall sue therefor, and prosecute his suit to effect, and the other half to the use of the town wherein the offence is com- mitted : which penalty may be recovered in an action brought before a justice of the peace ; and no appeal shall be allowed. SECT. 17. No wears, hedges, fish-garths, or other ob- obstructions structions or incumbrances, shall be erected or made, on, prohibited. oracross, Windsor-ferry river, Selden's cove, or Eight-mile river in Lyme, nor any of the streams that empty them- selves into them, or on, or across Sumner's creek in Mid- dletown, so as to impede or obstruct the natural and usual course and passage of the fish, in their seasons, up, or in any of said rivers, coves, or creeks ; and whosoever shall be guilty of a breach of this section, shall forfeit one hundred dollars, to any person who shall sue therefor, and prosecute his suit to effect : and the court shall order every such obstruction to be removed, at the expence of the party who erected it ; and the same shall be deemed a common nuisance, and may be removed as such : Pro- vided, that no person shall remove any mill-dam, until 232 Title 35. Fisheries. Thames river. Time of fish- ing- Obstruction* prohibited. Keys' brook in Killingly. Two parts. Time of fish- ing. New-Haven East-river. Time of Fish- ing. the same has been adjudged to be a nuisance, by the SIP perior or county court. SECT. 18. No person or persons shall draw any seine, or other fish-craft, in the river Thames, above the south line of Paukatannac cove, excepting between the setting of the sun on Monday evening, and the rising of the sun on Saturday morning, in each week, from the twentieth day of April, to the twentieth day of June, in each year, on the penalty of one huwdred dollars, to the use of him who shall sue therefor, and prosecute his suit to effect. SECT. 19. No wears, hedges, fish-garths, or other ob- structions, or incumbrances, shall be set, erected, or made, on or across the river Thames, above the south line of Paukatannac cove, so as to impede or obstruct the natural and usual course and passage of the fish, in their season, in, or up said river : and whosoever shall be guilty of a violation of this section, shall forfeit one hundred dol- lars, to the use of him who shall sue therefor, and prose- cute his suit to effect. SECT. 20. Keys' brook, that runs from Quinebaug pond to Quinebaug river, in the town of Killingly, for the purpose of fishing therein, shall be divided into two parts ; that is, the first part extending from the said river east- ward, to the public road that crosses said brook, and the second part shall extend from said road eastward to said pond ; and no person or persons shall fish, with any scoop- net, seine, or other fish-craft, in the first part of said brook, except between the rising of the sun on Monday morning, and the rising of the sun on Wednesday morn- ing : and no person or persons shall fish, with any scoop- net, seine, or other fish-craft, in the other part of said brook, except between the rising of the sun on Wednes- day morning, and the rising of the sun on Friday morn- ing, in each week, during the months of April, May, and June, in each year: and whosoever shall be guiity of a breach of this section, or be aiding, or abetting therein, shall forfeit thirty-four dollars, to the use of him who may sue therefor, and prosecute his suit to effect. SECT. 21. No person shall, at any time, during flood tide, station or draw any seine, or other fish-craft, in New-Haven East-river, between Mansfield's bridge and Doolittle's mills : and no peron shall set or draw any seine, or other fish-craft, in said river, between the bridge and mills aforesaid, from the setting of the sun, on Wednesday evening, until the setting of the sun, on Thurs- day evening, in each week : and every person guilty of a breach of this section, shall forfeit the sum of fourteen dollars, one half to him who shall sue therefor, and prose- cute his suit to effect, and the other half to the treasury Title 35. Fisheries. 233 of the county, wherein the offence is committed ; and shall also forfeit the seine, ropes, and other implements used for catching fish, contrary to this section, to be ap- propriated as aforesaid. SECT. 22. No person shall set or draw any seine, or Obstruction* otherwise obstruct the course of the fish, into, or up Sel- prohibited, den's creek in Lyme, within forty rods eastward of the mouth of said creek, on Connecticut river, or within sixty rods within said creek, or at any place below the Ho- moek, on penalty of forfeiting thirty-four dollars, to him who shall sue therefor, and prosecute his suit to effect : provided, that the proprietors of the Homock may, at all seasons, fish at that place ; and the proprietors of land ad;oining said creek, below the Homock, not within sixty rods of the mouth of the creek, may fish on their own lands, on the tide of ebb only, after the eighteenth day ofMay annually. SECT. 23. No wear, pound or other obstruction, shall Obstruction! be erected, or continued in the channel of Paukatuck iri Pauli atuck river, dividing the states of Connecticut and Rhode-Island, e( j 30 as to interfere with the main channel of said river, upon penalty of twenty dollars, for the first offence, and seven dollars for every twenty-four hours, or any less space of time, any such wear or other obstruction shall be continued in the main channel of said river, after the first offence. SK.CT. 24. No person or persons, shall be permitted Times of fish- to draw any seine or seines in said Paukatuck river, ir) K- from the twentieth day of March, to the first day of June, annually, excepting between the rising of the sun on Monday morning, and the rising of the sun on Thursday morning, in each week, on penalty of twenty dollars, for each and every time such seine shall be set or drawn, otherwise than as aforesaid ; and no person or persons shall be permitted to throw any stones into said river, upon penalty of seven dollars, for each and every such offence, to the end that the fish may more freely pass to the various sources of the river afore- said. SECT. 25. Yearly, and every year, from the twenti- Passages u eth day of March, to the first day of June, there shall bc ^P* P en be a passage opened in the mill-dam, below Pauka- dams" tuck bridge, from the bed or bottom of said river, twenty feet in length, to extend ten feet easterly, and ten feet westerly from the middle of said river ; and simi- lar passages shall be opened, in manner as aforesaid, in all the other mill-dams in said river, of fifteen feet in length excepting Sanford Taylor's mill-dam, which shall be opened twenty feet in length, ten feet between the 30 234 Title 35. Fisheries. middle of said river, and the easterly shore, and ten feet between the middle of said river, and the western shore, in the most convenient places for the fish to pass in said river ; and the owner or owners, occupier or occupiers of any of the dams aforesaid, who shall neglect or refuse to open the passage or passages as aforesaid, on or before Penalty for the said twentieth day of March annually, shall forfeit refusal. the sum of twenty dollars for every such refusal or neg- lect ; and for every succeeding day, neglect or re- fusal to open a passage or passages as aforesaid, from the said twentieth day of March to the first day of June annually, the offender or offenders shall forfeit one other sum of seven dollars. No person or persons shall be permitted to erect or continue any wear, or other ob- structions, within sixty feet of the gaps in said mill- ebs?ruction dams, upon penalty of seven dollars for the first offence, near the open- and four dollars for every succeeding day, or less space in &- of time, said obstructions shall continue in said river, from the twentieth day of March to the first day of June, annually. Wears and SECT. 26. No wear or pound shall be erected or con- pounds pro- tinued upon any flat, or other part of the bottom of said mbited, in cer- . . J j / j.i / -JT. if tain periods, river, eastward or westward of the aforesaid channel of said river, between the first day of June and the twenti- eth day of March, annually, upon penalty of fourteen dol- lars for the first offence, and seven dollars for every suc- ceeding day such wear or pound shall be continued in said river, from the first day of June to the twentieth day of March, annually. Times of fish- SECT. 27. No person or persons shall be permitted to ing with n gh with mesh or scoop-nets, in Paukatuck river, or any of scoop-ne . -j. g branch^ after sunset on Friday, until sunrise on Mon- day, in each week, from the twentieth day of March to the first day of June, annually ; and no person shall use more than one net at a time ; upon penalty of five dol- lars for every offence. Disposition of SECT. 28. One half of the penalties incurred by this penalties. act, for a violation of the regulations respecting fishing in Paukatuck river, shall accrue to him who shall sue therefor, and prosecute his suit to effect, and the other half to the treasury of the town wherein the offence is commit- ted. And so much of this act as relates to fishing in Pau- P?P act with katuck river, shall 1>e considered as forming a compact Island, with the gtate of Rhode-Island, from which the general assembly of this state will not depart, until the legislature of the state of Rhode-Island shall agree with the legisla- ture of the state of Connecticut to a repeal thereof, or to alterations therein, or additions thereto : provided the Title 36. Forcible Entry and Detainer. 235 atate of Rhode-Island shall adopt and adhere to similar regulations. SECT. 29. Whosoever shall first make a wear for catch- Fisheries on ing fish, on any flat, within any river, cove, creek or flat*, harbor, shall not be interrupted, by any other person's making a wear, on the same flat, or in the way or course of the fish coming or passing to said wear first built, near- er than three quarters of a mile, without liberty from the county court ; and every wear, set up contrary to this act, shall be a common nuisance ; and any person may remove the same as such. SECT. 30. Every town shall have authority, in town Towns em- meetings, to make by-laws for the regulation of fisheries Pw er ^ dto in the ponds within their respective limits, and for the rea-ulaiiug aW preservation of the fish therein, and to impose such pen- fisheries in alties, for the breach thereof, as they shall think proper : P ontls - provided, that no penalty shall exceed the sum of seven- teen dollars, and no by-law shall be contrary to the laws of the state, rior extend to ponds that arc private pro- perty. TITLE 36. Forcible Entry and Detainer. An Act directing proceedings against Forcible Entry and Detainer. SECT. 1. E it enacted by the Senate and House of Rep- resentatives, in General Assembly convened, Mode of pro- That whenever any person shall make forcible entry cee <}j n cr in into any houses, lands or tenements, and with a strong forcible entry hand shall detain the same; or, having made a peaceable and detainer, entry, without the consent of the actual possessor, shall hold and detain the same, with force and strong hand ; the party thus ejected, or held out of possession, may ex- hibit his- complaint to either of the judges of the county court, and to one justice of the peace, in the countj where such houses, lands or tenements are situated, who are qualified to judge between the parties, stating the in- jury of which he complains. And such judge and justice shall, forthwith, issue a summons to the party complained of, directed to some proper oflicer, to notify, and require him to appear at such place as they shall appoint, in the town where the injury complained of was done, within eight days, at least, to answer to the matters contained in such complaint ; which summons shall be served upon him, by reading, or by leaving a copy at his usual place of abode, six days, exclusively, before the day appointed ^br trial ; and if, after service of such summons, the party complained of, shall not appear and defend, such judge 236 Title 36. Forcible Entry and Detainer. Jury to be summoned. Trial. Judgment. and justice shall proceed in the same manner as if hfe were present. SECT. 2. And such judge and justice shall make out a warrant, under their hands, directed to the sheriff of the county, or his deputy, or to either of the constables of the town where the injury complained of was done, (such officer not being interested in the cause, or so related to either of the parties that he could not judge.) command- ing him to summon twelve good and lawful freeholders of the county, qualified to act as jurors, to appear at the time and place appointed for the trial ; which jury shall be duly empanneled, and sworn according to law, to en- quire into the forcible entry, or forcible detainer, com- plained of: and if a sufficient number of jurors, qualified to sit in the cause, do not appear, the sheriff or constable shall forthwith return a sufficient number of the freehold- ers of the county, qualified to act as jurors, to fill the panel : and said judge and justice shall proceed to make enquiry, and shall hear all the proper evidence offered by the parties : and if the jury find, that a forcible entry has been made, into the houses, lands or tenements, or that the same are detained, with force and strong hand, as complained of, then such judge and justice shall render judgment, thatthe complainant shall be restored to, and re- seised of, the premises, and shall award a writ of restitution accordingly; and the complainant shall recover his lawful costs, of the person or persons complained of, and execu- tion shall be granted therefor accordingly. But if the jury shall find the person or persons complained of, not guilty, then costs shall be taxed in their favor, against the complainant, and execution granted for the same. SECT. 3. And no appeal shall be allowed from the judgment of such judge and justice ; nor shall any com- plaint or action be prosecuted, for a forcible entry or de- tainer, but within six months after the making of the entry complained of. SECT. 4. The judgment that shall be rendered, in such prosecutions, shall not affect the title to such houses, lands, or tenements, and shall not be a bar to a proper action, brought for the trial of the same. SECT. 5. And the party aggrieved shall recover treble damages, and costs of suit, by action of trespass, against the defendant or defendants, if it be found, by verdict of the jury, or otherwise, in due form of law, that he or they entered into hous.es, lands, or tenements, by force, or after entry, held the same, by force. (1) (1) An act was passed as early as 1698, concerning, and to remove, forcible en- enabling justices of the peace to enquire tries and detainers, and to proceed accord-'X Wo appeal. Limitation. Judgment not to affect the title. Treble dama- ges to be re- covered in ac- tion of tres- pasi. Title 37. Foreign Attachment. 237 ing to the rules and methods, in such cases so that a proceeding under it had usually provided, by the laws of England. In 1722, beenattende d withdilficulty; itwasthought an act was passed, similar to a statute in best to introduce the present remedy, of a England, and which continued in force, mere civil nature, to give the party a pow- witi) few modifications, until this revision. er to regain possession of lands in defined But as the statute gave no intelligible de- cases, when forcibly taken or detained finition of a forcible detainer ; required from him ; and if the entry or detainer the (ustices of the peace to repair to the should be with a force and violence amount- place, to view the force ; that the party ing to a breach of the peace, to leave the should proceed by information qui tarn ; party committing it to a criminal prose- with many other inconvenient regulation!, cution. TITLE 37. Foreign Attachment. Aii Act authorizing the collection of debts, by Foreign Attachment. TJE it enacted by the Senate and House of Rep- CT * * fj resentative.s, in General Assembly convened, That whenever the goods or effects of an absent or ab- Effects and sconding debtor, are concealed in the hands of his attor- ^nding^ebt- ney, agent, factor, or trustee, so that they cannotbe found, ors attachable or come at, to be attached ; or where debts are due from in the hands any person to an absent or absconding debtor ; it shall jjJJJ r nt or be lawful for any creditor to bring his action against such absent and absconding debtor, and insert in his writ a di- rection to the officer to leave a true and attested copy thereof, at least fourteen days before the session of the court, to which it is returnable, with such absent or ab- sconding debtor's attorney, agent, factor, trustee, or debt- or, or at the place of his or their usual abode : and it shall be the duty of the officer serving such writ, to leave a Service of the copy thereof, according to such direction ; and from the w time of leaving such copy, all the goods and effects in the hands of such attorney, agent, factor, or trustee, and any debt due from such debtor to the defendant, shall be se- cured in their hands, to pay such judgment, as the plain- tiff shall recover, and may not otherwise be disposed of, by such attorney, agent, factor, trustee or debtor : and such service shall be sufficient notice to the defendant to enable the plaintiff to bring the action to trial, unless the defendant be an inhabitant of this state, or has some time resided therein ; and then a like copy shall be left at his last usual place of abode. SECT. 2. Such attorney, agent, factor, trustee, or debt- Agent may or, upon his desire, shall be admitted to defend his prin- defend his cipal in such suit : but if the defendant be not in this principal, state, and does not appear, by himself, or attorney ; and the attorney, agent, factor, trustee, or debtor, with whom such copy is left in service, does not appear to defend. 238 Title 37. Foreign Attachment. Continuance of suits. How to pro- ceed with the execution. then the court shall continue the action to the next eourt^ and may order notice to be given, by publishing the pen- dency of the suit, in some newspaper, or otherwise, as they think proper ; and if the defendant should not then appear, the court may, if they judge proper, order the ac- tion 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 ac- tion is brought before a justice of the peace, in case the defendant shall not be in this state, and no attorney, agent, factor, trustee, or debtor appear to defend him, such justice of the peace shall adjourn the cause for a term 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. And if judgment be ren- dered in favor of the plaintiff, all the goods and effects in the hands of such attorney, agent, factor, or trustee, and the debt due from such debtor, shall be liable to pay the same ; and the plaintiff, on praying out an execution, may direct the officer serving the same, to make demand of such attorney, agent, factor or trustee, of the goods and effects of the defendant, or principal, in his or their hands, whose duty it shall be to expose the same to be taken on the execution; and also to make demand of such debtor, of any debt due to the defendant, whose duty it shall be to pay the same : and if such attorney, agent, fac- tor, or trustee, shall have, in any manner, disposed of the goods and effects of the principal, in his hands, when the copy of the writ was left with him ; or shall not dis- cover, expose and subject them to be taken on the exe- cution ; or if such debtor shall not pay to the officer. when demanded, the debt due to the defendant, at the time the copy of the writ was left with him ; such attor- ney, agent, factor, trustee, or debtor shall be liable to satisfy such judgment out of his own estate, as his proper debt, if the goods or effects, or debt, be of sufficient value or amount ; if not, then to the value of such goods or effects, or to the amount of such debt. And a scire-fa- cias may be taken out from the clerk of the court, where the judgment was rendered, to be served upon such at- torney, agent, factor, trustee, or debtor, requiring him to appear before such court, and shew cause, if any he have, Mode of trial, to the contrary : and it shall be lawful for the plaintiff to require, artd the defendant shall have right to disclose, on oath, whether he has any of the goods or effects of the absent or absconding debtor in his hands, or whether he is indebted to him; and the parties may introduce any other proper testimony, respecting such fact. And if it be found. Scire-iaeias. Title 37. Foreign Attachment. 239 that the defendant has the goods or effects of such absent Whenjudg- or absconding debtor in his hands, or is indebted to him, Jeered L or if he makes default of appearance, or refuses to dis- gainst gar- elose, on oath, judgment shall be rendered against him, as for his own debt, to be paid out of his own goods or es- tate, with lawful costs ; and execution shall be granted accordingly : Provided, that if it appear on the trial, that Limitation of the goods or effects are of less value, and the debt of less ^^f amount than the judgment recovered against the absent JU gmei or absconding debtor, then judgment shall be rendered to the value of the goods, or to the amount of the debt ; and if it appear, that the defendant has no goods or effects in his hands, of such debtor, or is not indebted to him, then he shall recover his lawful costs. SECT. 3. When a scire-facias shall be brought against When scire- any attorney, agent, factor, trustee, or debtor of an ab- facias shall be sent or absconding debtor, on a judgment rendered by a fore ""usdce of " justice of the peace, such scire-facias shall be signed by the peace. the justice rendering the judgment : and where the de- mand does not exceed thirty-five dollars, shall be made returnable before the same justice of the peace ; but where the demand shall exceed thirty -five dollars, the same shall be returnable before the county court, in that county where the plaintiff or defendant dwells : and if the justice, rendering such iudgment, shall be removed from office, by death, or otherwise, before any scire-facias is taken out thereon, such writ may be signed by, and (when the demand does not exceed thirty-five dollars,) be made returnable before, any justice of the peace, as in other cases; but where the demand exceeds thirty-five dol- lars, such writ shall be made returnable before the coun- ty court, as aforesaid. SECT. 4. The taking of any goods or effects of anyab- Agent or debt- sent or absconding debtor, or any debt due to him as or discharged aforesaid, by process and judgment of law, out of the from P rm cipal hands of his attorney, agent, factor, trustee or debtor, by any of his creditors, shall forever discharge him 01' them from any suit or demand for the same : and if sued, for any thing done in compliance with this act, he or they may plead the general issue, and give this act and the special matter in evidence. SECT. 5. When it shall appear on the hearing of the When debt is scire-facias, that the debt due to the principal is not yet not . due e *e- payable, the court shall direct the execution to be stay- stayed. 10 ed, until the time the debt would have become payable ; and when the debt was not payable at the time the de- mand was made, on the execution, the court shall allow the garnishee his reasonable costs for defending against sach scire-facias, to be deducted out of the debt so due. 240 Title 37. Foreign Attachment. Mode of pro- SECT. 6. Whenever a scire-facias shall be brought to ceeding, when recover a debt due to, or the goods and effects of, an ab- debt is assign- , ,. -, , , . cd, ' sent or absconding debtor, in case any person or per- sons, either jointly or severally, claim such debt, as as- signee or assignees thereof, or such goods or effects, as owner or owners thereof, the defendant, in such scire- facias, having notice or knowledge of such assignment, ownership, or claim, may give notice in writing, signed by proper authority, and duly served, to such claimant or claimants, or his or their attorney, that such scire-facias is pending, and he or they may appear, if they see cause. and defend against such scire-facias ; and thereupon, un- less such claimant or claimants shall, within such time as the court, before whom the scire-facias is pending, may direct, give to such defendant sufficient security, to the approbation of the court, to indemnify him against all costs, he may suffer judgment, by default, or otherwise, to be given against him, on such scire-facias ; which shall be a bar to the claim of the assignee or assignees of the debt, or the owner or owners of the goods or effects; and the defendant may give the same in evidence, under the general issue, in an action brought to recover the debt, or the value of the goods or effects. And in case such assignee or assignees, owner or owners, shall give such security, and make effectual defence against the scire-facias, he or they shall be entitled to the bill of costs, that shall be recovered against the plaintiff; but if he or they fail to make effectual defence, the judgment that may be rendered on the scire-facias against the de- fendant, shall be a bar to any claim against him, and he may give it in evidence under the general issue. If defendant SECT. 7. Whenever the assignee of a debt, or the own- refuses to dis- er of goods or effects, shall have given security, pursuant take'no beae- to this act ' if the defendant, on due notice given him, tit of this act. shall neglect to appear and disclose, on oath, if required, on the trial of such scire-facias ; or in case a commission shall be issued, shall neglect to make disclosure before the commissioners ; he shall take no benefit of this act. nor of the security given as aforesaid. When original SECT. 8. In case any action shall be commenced, or creditor recov- having been commenced, shall be prosecuted, in the ' tax'edTat dis- 6 name of the original creditor, to recover any debt, or n the name of any person claiming to be owner, to recov- er the value of any goods or effects, while such debt, goods, or effects are under the lien of a foreign attach- ment, it shall be in the discretion of the court, according to the circumstances of the case, if final judgment be rendered in favor of the plaintiff, to allow costs to the de- fendant, to be deducted out of such debt, or out of thr Title 37. Foreign Attachment. 241 value of such goods or effects, or to allow costs to the plaintiff, or t~ allow no costs to either party. SECT. 9. The court before which a scire-facias shall Commission he pending, shall have power to issue a commission to ">ay be grant- take the disclosure of the defendant, on oath, whenever, ^ os ^ ake d on account of his living out of the state, or his being about to go out of the same, or his being unable to trav- el, through age, sickness, or bodily infirmity, the court shall judge it to be reasonable. SECT. 10. The goods or effects, or debts, of an absent when demand or absconding debtor, shall not be holden or secured in must be made the hands of his attorney, agent, factor, trustee, or debt- fga ^ s u h t ^ n or. by virtue of any judgment rendered against the debtor, unless they shall be demanded of them within sixty days after the rendition of the judgment. And no writ of scire- Limitation of facias shall be maintained against such attorney, agent, scire-facias. factor, trustee, or debtor, unless the same be brought with- in one year next after the right of taking out or bringing the same, shall have accrued. SECT. 11. And the plaintiff, in a suit by foreign attach- Disclosure in ment, may, at his discretion, insert in the writ, a direction su jt assist to the attorney, agent, factor, trustee, or debtor of the the debtor. defendant, to appear before the court to which the same is returnable, to answer and disclose, on oath, whether he has in his hands the goods or effects of the defendant, or is indebted to him ; and if such garnishee shall appear, the court are hereby impowered to examine him, on oath, respecting the same, and to make other enquiry, by prop- er testimony ; and if it shall appear to them, that such garnishee has not the goods or effects of the defendant in his possession, or is not indebted to him, he shall be enti- tled to recover his costs, and judgment shall be rendered in his favor therefor. But if it shall appear from such ex- amination, that such garnishee has in his possession goods and effects of the defendant, or is indebted to him, then the court shall ascertain the amount, and the same shall be sufficient evidence to authorize the court to reader judgment therefor, in favor of the plaintiff, on a scire-fa- cias against the garnishee. if he shall refuse to deliver such goods and effects, or pay such debt, when lawfully de- manded, on an execution that may be duly obtained in a suit against the absent and absconding debtor ; unless the garnishee can prove, by new and further evidence, that he had not in his possession the goods and effects of such debtor, and is not indebted to him. SECT. 12. But if the garnishee shall neglect or refuse Garnishee to appear at the court to which the writ is returned, with- refusing to ap- out reasonable excuse, or shall refuse to disclose on oath, J^ whether he has any goods or effects of the defendant in for cost*. 31 242 Title 38. Forms. his possession, or is indebted to him ; then, if the plaintiff shall bring a scire-facias against him, on a judgment re- covered against the defendant in the suit, such garnishee shall be liable to pay all the costs that shall have accru- ed, though it shall appear that he had not any of the goods or effects of the absent and absconding debtor in his pos- session, and was not indebted to him ; and execution shall issue against him, to pay the same out of his estate. Plaintiff with- SECT. 13. When the garnishee appears at the return of drawmgsuit, the wr jt, and submits to an examination, and it is found [s> that he has the goods or effects of the absent and abscond- ing debtor in his possession, or is indebted to him ; then, if the plaintiff withdraws his suit, or fails to recover judg- ment against the defendant, such garnishee shall be enti- tled to recover his lawful costs ; and the court shall issue execution for the same accordingly. TITLE 38. Forms. An Act prescribing Forme of Writs and Proces- ses. TT^E it enacted by the Senate and House of Rep- MJ resentatives, in General Assembly convened, Forms ofwrits That tne following several forms of writs and processes, established. in civil causes, here under-written, be, and they are hereby established to be the forms to be used in this state, by the respective officers therein. Summons be- SECT. 2. Summons for appearance before a justice of fore a justice of the peace. the peace. -j; o tne sheriff of the county of H. his deputy, or either of the constables of the town of G. within said county : Greeting. BY authority of the state of Connecticut, you are hereby commanded to summon A. B. of G. aforesaid, to appear before J. H. Esq. justice of the peace for the county aforesaid, at in H. on the day of at of the clock in the noon ; then and there to answer to C. D. of W. in a plea of which is to the damage of the said C. D. dollars, and he therefore brings this suit. And of this writ, with your doings therein, make due return. Dated at H. the day of Anno Domini, J. H. SECT. 3. Attachment before a justice of the peace. To the sheriff, ^c. Attachment BY authority of the state of Connecticut, you are be i. / itice hereby commanded to attach the gooo.^ or estate of A. B. of the peace. of F> a f oresaid) to ine Vaiue o f dollars, and for want Title 38. Forms. 213 thereof, to attach the body of the said A. B. (if he may be found in your precincts) and him safely keep, so that he may be had before J. H. Esq. justice of the peace for the county aforesaid, at (sufficient bond for prose- cution being given.) Hereof fail not, and make due re- turnof thiswrit,withyourdoingstherein.&:c. Dated, fcc. The like for summons and attachments to the county courts, mutatis mutandis. SECT. 4. An execution granted by a justice of the peace. To the sheriff of the county of H. &c. Greeting. WHEREAS C. D. of W. on the day of before Execution J. H. Esq. justice of the peace for the county aforesaid, g rai ? ted b y recovered judgment against A. B. of H. for the sum of ^ dollars, cents, debt, '(damages) and for- the sum of dollars, cents, costs of suit, as appears of re- cord: Whereof execution remains to be done. THESE are therefore, by authority of the state of Con- necticut, to command you, That of the money of the said A. B., or of his goods, chattels or lands within your precincts, you cause to be levied, and (the same being disposed of as the law directs) paid and satisfied unto the said C. D., the aforesaid sums, being dollars, cents, in the whole ; and also, that out of the said monies, goods .or chattels you levy seventeen cents more for this writ, together with your own fees. And for want of such money, goods, chattels or lands of the said A. B., to be by him shewn unto you, or found within your precincts, for satisfying the aforesaid sums, you are hereby commanded to take the body of the said A. B., and him commit unto the keeper of the gaol in H. in the county aforesaid, within the said prison ; who is likewise hereby commanded to receive the said A. B. and him safely keep, until he pay unto the said C. D. the full sums above-mentioned, and be by him released, and also satisfy your fees. Hereof fail not, and make due return of this writ, with your doings therein, unto the said J. H. Esq. within sixty days next coming. Dated at H. this day of, &c. J. H. SECT. 5. Execution out of the superior court and coun- ty courts, respectively. To the sheriff of the county of H. &c. Greeting. WHEREAS C. D. of W. recovered judgment against Execution A. B. of F. before the court, holden at H. within the from su ^ rior t j i rn j f f i or county county aforesaid, on the Tuesday of for the sum cour t. of dollars, cents, debt, (damages) and dollars cents, costs of suit, as appears of record: Whereof execution remains to be done. THESE are therefore, by authority of the state of Connecticut, to command you, That of the goods, chat- 244 Title 38. Forms. tels or lands of the said A. B., within your precincts, you cause to be levied (and the same being disposed of. or appraised, as the law directs) paid and satisfied unto the said C. D., the aforesaid sums, being dollars cents, in the whole ; with cents more for this writ, and thereof also to satisfy yourself for your own fees. And for want of such goods, chattels or lands of the said A. B., to be by him shewn unto you, or found within your pre- cincts, to the acceptance of the said C. D., for satisfying the aforesaid sums, you are hereby commanded to take the body of the said A. B., and him commit unto the keeper of the gaol in H., in the county aforesaid, within the said prison ; who is likewise hereby commanded to receive the said A. B., and him safely to keep until he pay unto the said C. D. the full sums above-mentioned, and be by him released, and also satisfy your fees. Here- of fail not, and make due return of this writ, with your doings therein. Dated at H. i-c. E. K. Clerk. Summons for SECT. 6. Summons or subpoena for witnesses. witnesses. To A. B. and C D. &C. BY 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 now depending in the said court, between E. F. of H. plaintiff, and G. H. of M. defendant, in an action of Hereof fail not, under the penalty of the law in that case provided. Dated at H. 4 c. D. E. Clerk. ~ SECT. 7. A warrant of replevin before the county court. To the sheriff of F. &c. Greeting. BY authority of the state of Connecticut, you are hereby commanded, justly, and without delay, to cause to be replevied to T. C., of S. his beasts, to wit, now distrained or impounded by S. H. of N., and by him un- justly detained, as it is said : and you are to summon the said S. H. to appear before the next county court to be holden at F., in and for the said county, on the Tues- day of next ; then and there to answer unto the said T. C., in a plea of trespass, wherein the said T. C. com- plains, that the said S. H., on the day of, &c. at M., in a certain place, called &c. took the said beasts, that is to say, and them unjustly impounded and detained as aforesaid, until this time ; which is to the damage of the said T. C., as he saith, the sum of dollars, and therefore he brings this suit, &c. (the said T. C. having given bond according to law.) Hereof fail not, and make due return of this writ, with your doing* therein, ^c. Dated, &c. J. H. Justice of Peace. Titk 38. Forms. 245 The like for a writ of replevin before a justice of the peace, mutatis mutandis. i SECT. 8. Bond on writ of replevin. Bond on writ YOU, A. B. and C. D. of acknowledge yourselves, of replevin, jointly and severally, bound to E. F. of in a recogniz- ance of dollars, that G. H. of shall prosecute the writ of replevin, he hath now taken out against the aaid E. F. at the next county court, to be holden at on the Tuesday of next, (or, before the justice of the peace to whom the same is returnable,) to full effect ; and in case he make not his plea good, satisfy such demands and dues as the said E. F. shall recover against him. SECT. 9. Bond where a person, not a party to the suit, Bond on writ replevies estate attached. of replevin by YOU A. B. and C. D. of acknowledge yourselves, one not a party jointly and severally, bound to E. F. of in a recogniz- to ** 8mt ance of dollars, that G. H. of shall prosecute the writ of replevin, that he hath now taken out against the said E. F. at the next county court, to be holden at on the Tuesday of next, (or, before the justice of the peace before whom the same is made returnable,) and in case he fail to make his plea good, to return and rede- liver the goods directed to be replevied to J. K., the officer, who attached the same, in a suit in favor of said E. F. against L. M., of so that they may be forth- coming to be taken on the execution that may be recov- ered by said E. F. in said suit; and on failure thereof, to pay the debt, damages and costs, that maybe recovered in said suit. SECT. 10. Bond for prosecution. B , f n YOU C. S. and E. C. of H. acknowledge your- se cution. selves, jointly and severally, bound to J. L. of in a recognizance of dollars, that T. R. of W. shall pro- secute the attachment he hath now taken out against the said J. L. at the next county court, to be holden at H. on the Tuesday of next, to full effect ; and answer all costs and damages, in case he make not his plea good. Taken and acknowledged in H., the day of, &c. before me, J. W. Justice of the peace. SECT. 11. A warrant for collecting rates. To A. B. collector of the town rate of the town of, &c. Greeting. BY authority of the state of Connecticut, you are here- Warrant for by commanded forthwith to levy and collect of the per- collecting sons named in the annexed list, herewith committed to own rate * - you, each one his several proportion, as therein set down, of the eum total of such list ; being a tax or assessment 246 Title 39. Frauds and Perjuries. Proviso, as to use of other forms. granted and agreed upon, by the inhabitants of the said town of, &c. regularly assembled on the day of for the defraying of the necessary charges arising within the same ; and to deliver and pay the sum and sums, which you shall so levy and collect, unto the treasurer of the said town, (or to C. D., being by said town appointed to receive the same) at or before the day of : And if any person or persons shall neglect or refuse to make payment of the sum or sums, whereat he or they are respectively assessed, and set in the said list, to distrain the goods or chattels of such person or persons, and the same dispose of, as the law directs ; returning the over- plus (if any be) unto the owner or owners. And for want of goods and chattels, whereon to make distress, you are to take the body or bodies of the person or per- sons so refusing, and him or them commit unto the keeper of the gaol of the said county, within the said prison ; who is hereby commanded to receive and safely keep him or them, until he or they pay and satisfy the said sum or sums assessed upon him or them, as aforesaid, together with your fees ; unless the said assessment, or any part thereof, upon application made to the county court, shall be abated. Dated at G. &c. SECT. 12. Always provided, and it is further enact ed^ That it shall be lawful fqr any person or persons within this state, as often as occasion shall require, to make use of other and diverse forms than what are before in this act prescribed, so that the substance of the matter or action be well contained therein, according to law. TITLE 39. Frauds and Perjuries. An Act for the prevention of Frauds and Perju- ries. Preamble. Contracts to charge execu- tors, &c. to answer for the debt, &c. of another ; For the prevention of many fraudulent practices, which are commonly endeavored to be upheld by perjury, and subornation of perjury : 1 13 E it enacted by the Senate and House of Rep- fj resentatives, in General Assembly convened, That no suit, in law or equity, shall be brought or main- tained upon any contract or agreement, whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate ; or whereby to charge the defendant upon any special prom- ise to answer for the debt, default, or miscarriage of an- Title 40. Fraudulent Conveyances. ~>47. other person ; or to charge any person upon any agree- ment made upon consideration of marriage ; or upon any ria g e; contract for the sale of lands, tenements, or heredita- for the sale of ments, or any interest in, or concerning them ; or upon lands; any agreement that is not to be performed within the space of one year from the making thereof; unless the contract or agreement, upon which such action shall be brought, or some memorandum or note thereof, shall be beinwrit made in writing, and signed by the party to be charged j signed, " therewith, or some other person thereunto by him law- & c .' fully authorized. SECT. 2. And be it further enacted, That no contract Contracts for for the sale of any goods, wares, and merchandize, for the the j ale of price of thirty-five dollars, or upwards, shall be allowed JSStrf to be good, except the buyer shall accept part of the thirty-five goods so sold, and actually receive the same, or give dollars, when something in earnest, to bind the bargain, or in part of in g ' payment, or some note or memorandum, in writing, of the said bargain, be made and signed by the parties to be charged by such contract, or their agents thereunto lawful- ly #uthorized.(l) (1) This act is copied from a statute this revision. Before this time, almost all passed in England, 32 Car. 2. and was parol contracts were valid : no statute has first enacted in 1771. The clause respect- made a greater alteration and improve- ing the sale of goods, above the value of ment of the common law. thirty-five dollars, was not introduced till TITLE 40. Fraudulent Conveyances. An Act against Fraudulent Conveyances. 1 T^^ *' fnacte d % the Senate and House of Rep- J.3 resentatives, in General Assembly convened, That all fraudulent and deceitful conveyances of lands Fraudu lent and tenements, or any interest in them, and of goods and ^ n j erance chattels, and all bonds, suits, judgments, executions, or contracts, made with intent to avoid any debt, or duty, of others, shall be utterly void, as against those persons on- ly, their heirs, executors, administrators, or assigns, whose debt or duty is endeavored to be avoided ; notwithstand- ing any consideration, upon which such contract may be pretended to have been made. SECT. 2. And all the parties to such fraudulent con- Punishment tract, knowing the fraud, who shall wittingly justify the for makin same, as being done bonajide, and on good consideration, m> shall forfeit one year's value of the land, and the whole value of the goods and chattels, and as much money a? 248 Title 41. Gaming. shall be contained in such fraudulent bond or contract; one half to the party aggrieved, who shall sue for and prosecute the same to effect, and the other half to the treasury of the state.(l) (1) This statute was probably borrow- ted as obsolete ; and a singular provisioa ed from the English statute of l3Elis. c. 5. that the party should be punished for the but was expressed in plain language, fraudulent conveyance, unless he could very different from the verbosity which prove, by two witnesses, that the crinvey- characterises the statutes of England, at ance was bona fide, has been omitted as su- that period. It first appears in the revis- perfluous. It has been decided, that a con- ion of 1702, and has undergone no altera- veyance by a fraudulent grantee to a pur- tion, except that at the revision of 1750 the chaser for a valuable consideration, without word " contracts" was added. At this notice of the fraud, is v^ id as it respect* time, imprisonment for half a year, as a the creditors of the fraudulent grantor punishment for the offence, has been omit- 1 Conn. Rep. 521. TITLE 41. Gaming. An Act to prevent Gaming. - 1 BE it enacted by the Senate and Howie of Reprc- ' JLJ sentatives, in General Assembly convened, That Gaming con- a ^ contracts and securities, made and entered into, by any tracts to be person or persons whatsoever, where the whole, orany part void. of the consideration of such contract or security, shall be for money, or other valuable things whatsoever, won, laid, or betted, at cards, dice, tables, tennis, bowls, or any oth- er game or games whatsoever, or at any horse-race, or other sport, or pastime, or any wager whatsoever, or for reimbursing or repaying any money, knowingly lent or advanced, at the time and place of such play, horse-ra- cing, or other sport or pastime, to any person or persons so gamiiig, betting, or wagering, or that shall, at such time and place, so play, bet or wager, shall be utterly void. Money lot at SECT. 2. If any person or persons, at any time hereaf- gamingmay ter, within the space of twenty-four hour?, by playing at be recovered any game or games whatsoever or by betting on the sides back, by the Of nan( j s o f suc fo as do play at any game or games, shall lose to any one or more person or persons so playing, or betting, the sum or value of one dollar in the whole, and shall pay and deliver the same, or any part thereof; the person or persons so losing and paying, or delivering the same, shall be at liberty, within three month: then next following, to sue for and recover the mercy, o ihe val- ue of any goods so lost, and paid 01 delivered, or ; y part thereof, from the respective winnc. or \\ of, with costs of suit, by action of debt, founded o ftjsait, to be recovered in any court of record, hav;i cogni- Title 41. Gaming. 249 of the sum or value thereof; in which action it Mode of de- shall be sufficient for the plaintiff to allege, that the de- clariu S- fendant is indebted to the plaintiff, or received to the plaintiff's use, the money so lost and paid, or the value of the goods won of the plaintiff, whereby the plaintifPs ac- tion accrued to him, according to the form of this act, without setting forth the speciaf matter: And the defend- ant in such action, shall be obliged to answer, upon oath, relative to the discovery of the money, or other things, so won at play as aforesaid, if the plaintiff shall desire the same ; and if the defendant shall refuse to testify as aforesaid, judgment shall pass against him, as in case of nihil dicit. SECT. 3. In case the party losing such money, or other Any other per- thing, as aforesaid, shall not, within the time aforesaid, ^moYevTost really and bona fide, without covin or collusion, sue, and i n gaming, if with effect prosecute, for the money or w ^h sufficient surety or sureties, for his or her havior. good behavior, until and during the session of such court ; which recognizance shall be to the treasurer of the coun- ty, in the sum of one hundred dollars, and shall be, by the authority taking the same, certified or transmitted to such court. And such court may, on cause shewn, re- quire such person to become further bound in a recogni- zance, with sureties, in such sum as shall seem proper, for his or her good behavior, until and during the next What shall be session of said court. And if any person shall, during deemed a the time he or she shall be bound to the good behavior, as aforesaid, be guilty of any of the offences aforesaid, the same shall be taken to be a breach of his or her good be- havior, and a forfeiture of such recognizance ; and judgment shall thereupon be awarded for the amount thereof. TITLE 42. Gaols. An Act concerning Gaols and Gaolers. "JJE it enacted by the Senate and House of Rep- SECT. Jj resentatives, in General Assembly convened* A. gaol to be That there shall be kept and maintained, in good and suf- county. 6 ^ ficient condition and repair, a common gaol, in every county town, in the several counties in this state ; and tiesTtwo ^aols there shall be two such common gaols in each of the sev- shall be kept, eral counties of New-London, Fairfield and Middlesex, to wit, one in each of the towns of New-London, Nor- wich, Fairfield, Danbury, Middletown and Haddam. Expense of SECT. 2. The whole expense of building such gaols. nTairin ^aol ( w ^ en there shall be occasion therefor,) and of keeping to^'defrfyed them in repair, shall be defrayed by the respective coun- by the county, ties to which the same belong. Power of tax- 1 SECT. 3. The judges of the county court, and justices ing inhabit- jof the peace in the several counties, shall have full pow- ^ n * S l r build ~i er, and they are hereby empowered, to tax the inhabit- f'r/!i ,^- / ants of their respective counties, for building, repairing. S' Of- ; an d furnishing the said gaols, as need shall require. Title 42. Gaols. 251 SECT. 4. The several county courts shall have full County court power, and they are hereby empowered, to grant execu- ^^ecu-* tion to levy and collect any tax or taxes so laid as afore- cution; said; and to appoint a collector in each town within to appoint col- their respective counties, as often as occasion shall re- lector ; quire, to collect the same ; which collectors shall have the same powers and fees as collectors of the state taxes have. And in case any person, so appointed a collec- tor, shall refuse to serve, such collector, so refusing, unless excused by the county court, shall pay a fine of seven dollars, to the treasurer of the county. And it shall be lawful for the county courts, in their respective to displace counties, to displace any collector of county taxes, in them: their county, for just and reasonable cause ; and in case any such collector shall be so displaced, or shall, for any reason, fail to complete the collection of the taxes speci- fied in the rate-bills committed to him, the county court of that county, shall be authorized to receive the rate- bills of such collector, and to appoint some meet person and to appoint to collect such sums as remain uncollected on such rate- others to finish bills ; and the person so appointed shall have the same the collection - powers, and be subject to the same regulations, as other collectors of county taxes. SECT. 5. The county treasurers, under the direction County treas- of the respective county courts, shall give out their war- urer to issue rants to such collectors, to levy and collect such tax ; JJfJJJJJ'g 10 and in case any such collector shall neglect or refuse to pay the same into the county treasury, according to the direction of such warrant, the county treasurer shall, by warrant under his hand, directed to some proper officer, tres^on ^egH- make distress on such collector's person or estate, for sat- gent collectors. isfying such sum or sums as shall remain unpaid, of the sum or sums that said collector was ordered, by warrant to him directed, to levy and collect. SECT. 6. Whenever it shall be necessary to build a Expense of new court-house, or to repair any such house, in any conn- buying and ty in this state, the expense thereof shall be defrayed by JoSt-house the inhabitants of such county ; and the taxes that may to be defrayed be necessary for that purpose, shall be levied and col- b y *be county, lected in manner aforesaid. SECT. 7. The respective sheriffs in the several coun- sheriff to be lies in this state, for the time being, shall have the charge keeper of the and custody of the gaols in their respective counties ; and oal ; they are hereby constituted the keepers of them, and shall and may put in, and substitute under them, such may appoint keepers of the said gaols as they shall see cause, and under-keeper ; shall be responsible for all damages that any person shall jj^* H g able sustain, by the escape of any prisoner out of such gaol, through the fault or connivance of such keepers, or any 252 Title 42. Gaols. other person whatsoever, having the charge of such gaols, and for all under such sheriffs ; as, also, for all other faults and neg- faults of under- Hgences of such under-keepers, by said sheriffs appoint- eeper. e 2 5 in any matters respecting said trust. Liberties of SECT. 8. The several county courts, in their respec- e ao - tive counties, shall have power to designate a certain reasonable space of ground, adjacent to each gaol, to be denominated the liberties thereof, and to alter the same as occasion may require. And it shall be the duty of the sheriffas t'o sheriff to permit any person, who shall be in his custody, admitting on civil process only, to go at large within the liberties of prisoners to the prison so designated ; provided such person shall the liberties. p rocure an( j o ff er to the sheriff a bond, to his acceptance, with one or more sufficient sureties, conditioned, that he will remain a faithful prisoner, within the limits of said liberties, until lawfully discharged. And the sheriff shall New security, have power to require a bond, with new sureties, when- ever he shall judge it to be necessary ; and on the neg- fhTrifftocom- lect or refusal of the prisoner to procure such bond, mit debtors to may commit him to close confinement, till he procure close prison, the same. And the sheriff may commit any debtor to close prison, whenever he shall find that such debtor has voluntarily departed from the liberties of the gaol, and returned within the same, if he shall judge it to be neces- sary, to secure him against a liability for the escape of such debtor. Prisoners to SECT. 9. Every person who shall be committed to the bear their own common gaol, within any county in this state, by lawful authority, for any offence or misdemeanor, shall bear the expenses of conveying him or her to the said gaol, in- cluding necessary guard, and also of his or her support, while in gaol, before he or she shall be discharged ; and the estate of such person shall be subjected to the pay- State attomies me t of such expenses : Provided, that the state attornies authorised to in the several counties, by and with the advice of the su- discharge perior or county court, shall be, and they are hereby au- den^n'lyfor '" thorized, a * their discretion, to discharge from imprison- fine and costs, merit, any person convicted of an offence, or misdemean- or, and holden only for the payment of fine and costs, who hath no property, or means of satisfying the same, taking his or her note therefor, or security, if obtainable. Fuel, bedding, SECT. 10. Suitable fuel and bedding for the accommo- &c. to be fur- dation of debtors closely confined in gaol, and prisoners mshed. committed for matters of a criminal nature, shall, as oc- casion may require, be furnished in each county in this state, under the direction of the county court in the county ; and the expense thereof shall be defrayed in the same manner as the expenses of the county court. Title 42. Gaols. 253 SECT. 11. All prisoners shall be permitted to provide Prisoners to be and send for their necessary food, where they please ; j^^^their and to use such bedding, linen and other necessaries, be- own necessa- longing to them, as they think fit, free from charge, and ries. without their being purloined and detained. And no Legal fees only keeper of a common gaol shall demand of any prisoner to be demand- greater fees for his commitment, discharge or chamber- e ' room, than such as are allowed by law. SECT. 12. Prisoners for debt shall not be lodged in any Debtors not to common gaol, in the same room with criminals : and if be lodged m any gaoler or keeper of a prison shall offend herein, he W1 e thcm^n- m shall forfeit and pay to every prisoner for debt, aggriev- als. ed thereby, treble damages, to be recovered in any prop- er action, by virtue of this act. SECT. 13. If any keeper of a common gaol, shall do, Keepernotto or cause to be done, to any prisoner committed to his cus- injure prison- tody, any wrong or injury, contrary to the true intent of er8 ' this act, he shall pay treble damages to the party aggriev- ed ; and also such fine, not exceeding one hundred dol- lars, as the county court of the county wherein the of- fence is committed, shall, upon information or complaint to them made, considering all the circumstances, think fit to impose upon him. SECT. 14. The keeper of the gaol shall not be obliged Limitation of to furnish food and necessary support, to any prisoner keeper's ha- . . , , ... i /V bihty to fur- committed on civil process, except as is herein after n ish support provided. SECT. 15. When any person is committed to gaol, on Proceedings civil process, and is unable to pay the debt or demand, preparatory to A- f J.L taxing poor he may make an application to a justice of the peace to debtor's oath. take the oath hereinafter provided for poor debtors, and shall cause notice to be given to the adverse party, if an inhabitant of the state, otherwise to the attorney of such adverse party, to appear and shew reason, if any he has, why such oath should not be administered : which notifi- cation shall be signed by a justice of the peace, and shall be served at least four days inclusive, before the day spe- cified for administering the same, by some proper officer, or indifferent person, who shall leave a true and attested copy thereof with the adverse party, or at his usual place of abode, if an inhabitant of this state, otherwise with his attorney ; and such service, if made by an officer, shall be proved, by his return on such notification ; and if made by an indifferent person, by his affidavit, before a justice of the peace, indorsed thereon : and the justice of the peace to whom such notification is returnable, shall pro- ceed to enquire into the matter, and, if no sufficient rea- son be shewn to the contrary, he shall administer to such 254 Title 42. Gaols. Form of oath, debtor the following oath, to wit : " You A. B. solemnly swear, that you have not any estate, real or personal, in possession, reversion or remainder, of the value of seven- teen dollars in the whole, or sufficient to pay the debt or demand for which you are imprisoned ; (except what is by law exempted from being taken on execution,) and that- you have not, directly or indirectly, sold, or otherwise dis- posed of. all, or any part of your estate, thereby to secure the same, to receive or expect a ( ny profit or advantage thereof, or to defraud or deceive your creditors : So help you God." And the keeper of the gaol shall not, thereaf- ter, stand charged with such prisoner, unless the credit- or shall lodge with the keeper of the gaol, such sum of Weekly mam- mO ney for a weekly maintenance as the county court in the county shall establish, as the weekly allowance to be made by creditors, for their debtors, after such oath shall have been administered to them ; which maintenance the several county courts are authorized to establish: and when wentiVcase of anv P r i soner sn& U take such oath, upon two or more attach- two or more ments or executions, such weekly allowance shall be paid, attachments or i n equal proportions, by the plaintiffs or creditors, by ons ' whom he is detained in prison ; and it shall be the duty orormoney to ^ tne gaol-keeper to pay to such prisoner, every week, the prisoner, amount of his weekly allowance in money, if by him re- weekly, quested. (1) Prisoner des- SECT. 16. When any person, committed to gaol on titute of pro- civil process, shall claim to be destitute of property, he erty 'rtd be ma y a PPty * ^ e Deeper of the gaol, who shall furnish til P heca e n take him with necessaries, in case such prisoner shall, forth- the poor debt- with, proceed to take the oath provided for poor debtors, er's oath. m manne r aforesaid ; and in case said oath shall be so administered, the keeper of the gaol shall not stand charg- (1) In the revision of 1672, there was a support ; which act, with various modifica- provision, that no man should be kept in tions, has continued to the present time, prison for debt, unless he had some estate By our law, the goods or the lands of a which he would not produce ; and that any person may be taken for the payment of his court, assistant, or commissioner might debts, or for the satisfaction of an injury : administer an oath to the party, or any and his body may be imprisoned, to corn- others suspected to be concerned in con- pel the production of his property for the cealing his estate : andif no estate appear- same purposes. If his person is imprison- ed, then he should satisfy his debt, by ed, and he has no estate beyond a limited service, if the creditor required it ; but amount, he can take the poor debtor's oath, could not be assigned to any but those of and may not be detained in gaol, unless the the English nation. This law continued in creditor will furnish a support. If the force till 1810, but was rarely carried into creditor should furnish a support, he can effect. In 1702, an act was passed, pre- then apply to the superior court, for a de- scribing the form of oath to be taken by an cree of insolvency ; and if he can prove, imprisoned debtor, on giving notice to the that he is an honest man, he may be lib- creditor ; in which case, the debtor could erated ; so that, by our law, no honest man. not be detained in gaol, unless the creditor destitute of property, can be detained in furnished him a weekly allowance for his prison for debt., Title 42. Gaols. 255 ed with such prisoner, unless the plaintiff or creditor shall leave money for his support, as aforesaid, and also pay for the support of such prisoner from the time he made application for his support, till he took the poor debtor's oath, at the same rate as shall be established for his weekly maintenance, provided the time shall not ex- ceed seven days ; and if the plaintiff or creditor shall not Keeper to pay for the support of such prisoner, antecedent to his a^LTedft- taking the poor debtor's oath, the keeper of the gaol ?, or shall be entitled to recover the same, by a proper action, against such plaintiff or creditor. And if such plaintiff or creditor shall be unable to pay the same, said keeper shall have right to recover it of the town where such town or prisoner belongs ; and if he belong to no town in the 8 t a te' state, then such expense shall be paid by the state. SECT. 1 7. A pension granted to any person, for service A pension not in the army or navy of the United States, shall not pre- to preclude elude him from taking the oath, provided for poor debt- takiD Sath. ors as aforesaid. SECT. 18. When any such prisoner shall make appli- Application eation to take such oath, and be refused, he shall not, at for oath > after any time afterwards, be allowed to make application Jf c f " ss jj ^ *"* therefor, unless the same shall be made to two judges of ma de. the county court, or to one such judge and a justice of the peace, giving due notice as aforesaid, who are hereby authorised to decide upon such application, and reject the same, or to administer said oath, as shall appear to them just and proper. Provided, however, that if from F)irf L or j . j. i . ' '. r urtner appn- any change in the circumstances of such prisoner, sub- cation on sequent to the rejection of his application by said two change of cir- judges, or said one judge and a justice of the peace, he cumstances - shall become lawfully entitled to take said oath, he may again make application therefor, in the manner herein before provided. SECT. 19. Whenever such oath shall be administered, Review on ap- by a single justice, upon the first application, the adverse plication of party shall have liberty to apply (if he see cause) to two creditor - judges of the county court, or to one such judge .and a justice of the peace, to review the cause, giving reasona- ble notice thereof to the prisoner ; and if, upon full hear- ing thereof, it shall appear to the satisfaction of the triers, that the prisoner is not by law entitled to the benefit of such oath, they shall have power to order his or her sup- port to cease ; and such prisoner shall thence-forward be holden in prison, in the same manner as though said oath had never been administered. Expenses of SECT. 20. All necessary expenses of the creditor, for creditor to be the detention and maintenance of any such prisoner in P aid by pn'- gaol, the said creditor shall have power to levy with the ODer ' 256 Title 42. Gaols. execution, before the said prisoner shall be discharged from gaol. Removal of SECT ' 21t Whenever the prisoners, in any gaol in this prisoners, on state > sha11 be exposed to any prevailing malignant sick- account of ness, it shall be the duty of the chief judge, or the asso- kJmeu 1 * C ' ate J ud & es ' ^ tne countv court, in the county where such sickness prevails, to cause such prisoners to be re- moved, at the expense of the state, to some place of safety, in the next gaol, in the same or adjoining county, there to be kept in the same manner as though such re- moval had not been made, until such sickness shall abate in the place or places from whence such prisoners have been removed; and then such prisoners shall, by order of Remanding of sucn chief judge, or associate judges, be removed back them. from whence they were taken, also at the expense of the state. And all keepers of gaols to which such prisoners shall be removed, agreeably to the order of the chief judge, or associate judges, are hereby commanded to re- ceive such prisoners, and them safely keep until they shall be duly remanded as aforesaid, or released according to law. Removal, for SECT. 22. When any county is destitute of a gaol, any wantof a gaol person in such county, liable to be imprisoned, may, by m the county. j awfu j authority, be sent to the common gaol of the next adjoining county ; and the keeper of such gaol shall re- ceive and keep such prisoners accordingly. SECT. 23. The gaols in the several counties may be Sdlind^au- used under the authorit y of the United States > for the con- thority of the finement and safe-keeping of prisoners ; and the marshal United States, of the district of Connecticut, or any other oliicer acting under the authority of the United States, shall have the same liberty to use said gaols, and the same authority in the keeping of prisoners in said goals, under the authority of the United States, as the keepers of said gaols under the authority of this state have. Liability of SECT. 24. If any person, lawfully committed to any of the county for the gaols in this state, in any civil cause, shall break such escapethrough gaol, and make his escape, through or by reason of the defects or insufficiency of such gaol, the costs and char- ges occasioned and expended thereby, and the damages sustained by the person or persons, for whose cause the said prisoner was committed to gaol, by reason of such escape, shall be paid and answered out of the county treasury, of that county wherein such defective gaol is ; and the county court, of that county, upon application to them made, and proof thereof, shall order payment ac- cordingly ; the said costs and damages being first by them justly ascertained and allowed ; and in case any persoa or persons shall be aggrieved, by the denial ordetermina- Title 43. General Assembly. 257 vion of such county court, he or they may appeal to the Appeal, next superior court to be holden in that county ; which court is empowered to hear, adjust and determine the same, and order payment as aforesaid, with reasonable costs. SECT. 25. If there shall not be a sufficiency of money, Power of the at any time, in the county treasury, to answer such or- county court ders. the county court of the county wherein monies are * ta * the wanting for the purpose aforesaid, are hereby empowered c and directed to tax and assess the inhabitants of such county, in such sum as the court shall judge needful, for the purpose aforesaid ; and to appoint and empower a collector or collectors, for collecting the same, and to grant a warrant or warrants accordingly ; which collect- ors shall have the same powers and fees, and shall be liable to be displaced in the same manner, and be subject to the same regulations, as other collectors of county taxes. SECT. 26. Provided nevertheless, that nothing in this p act shall be construed to prejudice or hinder any party emoting the" or person, from recovering any expense, damages or costs, county where of the person or persons, or out of the estate of such satisfacti person or persons, who shall break, or be aiding or assist- ing in breaking the gaol, or who shall escape, or be aiding thereto, according to law ; and when such remedy for satisfaction may be had, the county shall not be charged with, nor be ordered to pay, the said expense, damages or costs. Provided also, that nothing in this act shall be p rov j so as tn construed or extended to save harmless, or excuse any liability of sheriff, in any escape, but what shall happen through the sheriff defect or insufficiency of the gaol as aforesaid, and that without his default or negligence ; nor shall this act hinder any person from any remedy he now hath, or hereafter by law shail have, in all or any of the matters aforesaid. TITLE 43. General Assembly. An Act prescribing the mode of proceeding by the General Assembly, in certain cases. E it enacted by the Senate and House of Rep- resentatives, in General Assembly convened, That all bills for public acts or laws, which shall have % Cm been passed by both houses of the general assembly, to be proceei- shall, as soon as passed, be carefully and accurately en- grossed, in a fair round hand, free from erasure and inter- lineation ; and such engrossed bills shall be signed by the speaker of the house of representatives, and by the 33 B 1 25tf Title 44. Governor. president of the senate, and shall then be presented, by the secretary, to the governor, for his approbation ; and the bills thus signed by the speaker of the house, and the president of the senate, which shall be approved by the governor, and if not approved by him, shall otherwise, agreeably to the constitution of this state, become laws, shall be public acts or laws, and, as such, be recorded and kept on file ; and the secretary, at the end of each ses- sion, shall cause such acts or laws to be published, from correct copies, by him made for that purpose. SECT. 2. And in the beginning of each session, a corn- Engrossing mittee of three persons shall be appointed, by and from committee. the house of representatives ; and it shall be the duty of Their duty. guc ^ comm ittee to procure such bills to be engrossed, at the expense of the state, to be charged in the contingent ex- pences of the house of representatives, and to present such engrossed bills to the speaker, to be by him signed, and transmitted to the president of the senate for his sig- nature. Adversary pe- SECT. 3. And all petitions of an adversary nature, titionstobe pending before the general assembly, shall be referred fointcommit- * a j> n t committee of the senate and house of represen- tees. tatives, which shall report the facts, and their opinion thereon. _ , SECT. 4. And each house of the general assembly arc Lach house au- , . , , , , ,, r thorized to hereby authorized and empowered to make out their re- make out their spective debentures, and to make the grants necessary debentures. an( j p rO p er to cover their contingent expences ; which, being duly registered in the comptroller's office, shall bf paid by the treasurer. Public statutes SECT. 5. All public statutes shall take effect from the when to take rising of the general assembly by which they are passed, effect. unless otherwise directed by such statutes. TITLE 44. Governor. An Act authorizing the Governor to appoint a Secretary and Notaries Public. B BE it enacted by the Senate and House of Repre- 'MJ sentatives, in General Assembly convened, That the governor of the state, for the time being, or the per- son ^ v w ^ om ^ e ffi ce f governor may be administered, point a secret be, and he is hereby authorized and empowered to ap- tary; point a secretary, who shall duly receive the oath pre- scribed by the constitution, for executive and judicial of- his duty. ficers, and whose duty it shall be to attend the governor, or the person administering the office of governor, during Title 45. Grand-Jurors. 259 fhe sessions of the general assembly, and at all times to keep a correct journal and record of all executive pro- ceedings and decisions, and to do all other acts which shall be duly required of him, which shall appertain to said office ; for which services he shall be allowed the sum of two hundred dollars per annum ; and a certificate Com P cnsati n from the person administering the office of governor, for the time being, directed to the comptroller, stating the sum due, shall authori/e the comptroller to draw on the treasurer of the state for the payment thereof: and it shall be the duty of the secretary, to deliver over the ex- ecutive journal and record, and all papers appertaining to the executive department, to the successor in office to the person by whom he may be appointed, as afore- said ; and the executive journal and record, shall, at all times, be subject to the inspection of a committee, ap- pointed by the general assembly ; and copies thereof may be received by the general assembly ; and all copies of the executive journal and record, attested by the secre- tary, shall, in all cases, be admitted as legal evidence : And the secretary shall not demand or receive any compensation for copies he may furnish. SECT. 2. And the governor is hereby empowered to Governor em- administer oaths ; and to appoint and commission such powered to notaries public, as the commercial interests of the state oa^an'dto may render necessary and convenient. appoint nota- ries public- TITLE 45. Grand-Jurors. An Act relating to Grand- Jurors. "ITJE it enacted by the Senate and House of Rep- JjP resentatives, in General Assembly convened, That every town, at their annual meeting for the elec- ^"Vand^ tion of town-officers, shall choose and appoint not less than jurors annual- two, nor more than six grand-jurors, to serve for the year ly- ensuing ; who shall take the oath prescribed by law. SECT. 2. It shall be the duty of grand-jurors, diligently Their duty to enquire after, and to make due presentment of, all crimes and misdemeanors, that shall come to their knowl- edge, whether committed before or after their appoint- ment to the office ; which presentment they shall make to the court having cognizance of the offence, or to some justice of the peace, in the town where the offence is committed. SECT. 3. If any person elected a grand-juror, shall re- Penalty for re- fuse to accept the office, and take the oath prescribed by accepUhe law. (unless he can render a sufficient and satisfactory rea- office. 260 Title 45. Grand-Jurors. Penalty for neglect of duty. Penalty on towns for neg- lecting to ap- point grand- jurors. Grand-jurors may meet ; may require attendance of witnesses. Proceedings to compel them to appear and to testify. Power of courts to sum- mon grand- jury. In what cases indictment by son to the town-meeting, or to the authority before whom he shall be called to take the oath , why he ought not to serve,) he shall forfeit the sum of five dollars, to the use of the town treasury, to be recovered by a proper action, in the name of the treasurer: and it shall be the duty of the town to appoint another grand-juror in his place. SECT. 4. If any grand-juror, after he is sworn, shall neglect to make seasonable complaint, of any crime or misdemeanor, committed within the town where he lives, that shall come to his knowledge, he shall forfeit the sum of two dollars, for every such offence, one half to him who shall prosecute to effect, and the other half to the use of the town where the offence is committed. SECT. 5. If any town shall neglect or refuse to appoint grand-jurors, as is required by this act, such town shall, for every such neglect or refusal, incur a penalty of seven- teen dollars, to the use of the treasury of the county to which such town belongs : and it shall be the duty of the attorney for the state to prosecute for the same. SECT. 6. The grand-jurors, in each town, may, if they judge it necessary and proper, meet at such times and places as they shall appoint, to advise concerning such breaches of law, as by their office, they are to enquire after and present : and they shall have power to call be- fore them, at such meetings, any person or persons, as witnesses, to be examined touching such delinquency as they are enquiring after : and if any person refuse to ap- pear before such grand-jurors, at such meeting, being summoned by a subpoena from a justice of the peace, (which subpoena any justice of the peace is hereby em- powered to grant, at the request of such grand-jurors,) then such grand-jurors may apply to a justice of the peace for a capias, or warrant, who may issue one to bring such person before them ; and if any person appearing, or being Drought by a warrant, before such grand-jurors, shall re- fuse to be sworn, or being sworn, shall refuse to be examined as a witness, or to answer any proper or pertinent questions, respecting the matter of enquiry, such grand-jurors may make complaint to any jus- tice of the peace, who shall cause such person to be brought before him, and, on conviction, shall commit him to the common gaol, there to remain at his own ex- pense, until he give evidence as aforesaid. SECT. 7. The superior and county courts shall have power, when there shall be occasion, to order a grand- jury of eighteen sufficient freeholders of the county, where the court is sitting, to be summoned, impanneled and sworn, to enquire after all crimes and offences cog- nizable by said courts respectively ; and no person shall be put to plead, or held to trial, for any offence punisha- Title 45. Grand-Jurors. 261 hie with death, or imprisonment for life, unless a bill of grand-jury is indictment be found, by a grand-jury, legally impanneled " and sworn ; and no bill of indictment shall be presented by any grand-jury so impanneled, unless twelve, at least, of the jurors agree to it. SECT. 8. For all other crimes presentment may be made by grand-jurors, appointed by towns, or information how pr may be exhibited by the attorney for the state, in the ed> county where committed.(l) Other crimes, osecut (1) In 1643, an act was passed, requir- ing, that a grand-jury of twelve men should be warned, to appear at the court in Sep- tember, annually, or as many as the gover- nor or court should think meet, to make presentments of the breaches of any laws or orders, or of any other misdemeanors, within the jurisdiction, which should come to their knowledge. In the revision of 1672, it is ordered^ that the clerks of the several county courts, should, by their warrant, require one or more honest, able, and judicious man or men, of every planta- tion in their county, 10 serve on the grand- jury : who were to be sworn to make due presentment of all breaches of the law, that should come to their knowledge. In the revision of 1702, there is a statute, di- recting the clerks of the several county courts, by warrant, to require one or more honest, able and judicious men, of every town in their respective counties, to ap- pear at their respective county courts, or before the next assistant or justice of the peace, to serve on the grand -jury, and to take the oath ; who should make diligent enquiry after, and make presentment of, all misdemeanors and breaches of the law that should come to their knowledge, once a month, to the next assistant or justice of the peace ; who were empowered to hear and determine all delinquencies, where the penalty did not exceed forty shillings, and where the penalty exceeded forty shillings, to bind the offender to the next court where the offence was cognizable. This act first gave to single grand-jurors the power of making presentment for crimes, and estab- lished informing officers in every town. By the common law, presentments can be made by the grand-jury, only when they are summoned to attend a court of crimi- nal jurisdiction for that purpose. In 1712, a law was passed, that every town should appoint, at their annual meet- ing, two or more grand-jurors, for the en- suing year ; who should be sworn by an assistant or justice of the peace ; and that the clerk of the town should return their names to the clerk of the county court, who was required to summon such number of the grand-jurors as should be necessary, to serve at the county courts. There is nothing in these early statutes respecting the summoning of a grand-jury to appear before the superior court. The practice was, however, for the superior court to summon a grand-jury, in all capital cases. As single grand-jurors could present for crimes, it became unnecessary to summon a grand-jury to attend the courts, when in session. Accordingly, the practice seems to have been discontinued ; and in the re- vision of 1784, this requirement of the law is omitted, and the superior and county courts have power given them to order a grand-jury of eighteen of those chosen by the respective towns, or other freeholders of the county, when there should be occa- sion : and in capital cases, it was render- ed necessary, that the indictment should be found by a grand-jury, in which twelve should agree. The practice was, for sin- gle grand-jurors, and attornies for the state, to present for all crimes, but those which are capital ; and in those cases, a grand- jury of eighteen freeholders of the county were summoned, by order of the court ; and now, by the constitution, all offences, punishable by imprisonment for life, as well as capital offences, must be prosecut- ed by the indictment of a grand-jury. 262 Title 4t>. Guardian*, TITLE 46. Guardians. An Act relating to Guardians and Minors. - 13 E ^ enacte d by the Senate and House of Rep- -I_J resentatives, in General Assembly convened, When persons That all persons who have arrived to the age of twenty- are of full age. one years? ghal j be deemed of fu )i age . ghal | be free f rom the government of parents, guardians, or masters ; and Age for choos- shall be capable to do any lawful act. The age for ing guardians, choosing guardians shall be fourteen in male, and twelve Guardians of in female children. The courts of probate, in their re- minors under S p ec tive districts, shall have power to appoint guardians 6 minors, under the age for choosing guardians, who court of pro- have no father, guardian, or master; and to approve of bate - guardians chosen by those who are of age for that purpose. Appointment SECT. 2. Where there shall be any minor of age for choos- of guardians, j n g a guardian, who has no father, guardian or master, the judge of probate, within whose district the minor resides, shall notify him to appear, and choose some proper person to be his guardian ; and if such judge shall approve of the person chosen, he may allow him to be guardian ; but if he disapprove of such person, so chosen, then the minor may choose some other proper 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 ap- proved of by said judge, then the judge may appoint a guardian for the minor. Guardian to SECT. 3. Where a minor has a father naturally wanting be appointed, in understanding, or insane, so as to be incapable to take where the fa- care Q f an( j p rov i de fq r n j m the judge of probate, within ther is mcapa- ,. . r , , ., in-, _r .1 b] e . whose district he resides, shall appoint a guardian, in the same manner as if the father were dead. and where the SECT. 4. Where a minor, having a father, is entitled to, minor has en- or possessed of, estate, real or personal, not derived from his father ; or where a minor, who has a master, is enti- tled to, or possessed of, estate, real or personal ; the judge of probate, whenever there shall be occasion, shall have power to notify the father or master to appear, and shew reasons, why a guardian should not be appointed ; and if sufficient reasons are not shewn, may apppoint the father or master, if proper persons ; if not, then such person as the minor may choose, if of age to choose a guardian ; but if such minor shall neglect or refuse to make choice, or be not of sufficient age, then the judge ihall appoint such person to be guardian, as he may think proper : and where, in such case, any person is appoint- Title 46. Guardians. 263 ed, other than the father or master, he shall have the charge and management of the estate of the minor, and Saving of the no control over his person ; and his authority shall not "gj| ts of the be construed to affect the rights of the father or master t * r er over the person of the minor. SECT. 5. The judge of probate, in allowing and ap- Bond to be pointing a guardian, shall take sufficient bond, and, if the taken, minor have any estate, with surety, of all such guardians, for a faithful discharge of their trust, according to law, and to oblige them to render their accounts to the coiyrt of probate, or to the minor, when he arrives at full age, or at such other times as the court, upon complaint, shall see cause to appoint. SECT. 6. The courts of probate shall have power to Guardian* remove guardians, for good and sufficient reasons shewn, may be re- and to appoint others in their place, who shall give bonds moved, for a faithful discharge of the trust as afbresaid. SECT. 7. The courts of probate shall have power, in M be ca u e( j their respective districts, with, or without a previous com- to account plaint, by an order duly made, to oblige all guardians of minors, from time to time, to render their respective ac- counts against their wards for adjustment, before such courts, and to compel, by due order, all guardians, whose bonds are, or shall be found insufficient, to procure other and additional bonds ; and if any guardian shall refuse to render his account, or to procure additional bonds, when required as aforesaid, such court may remove him from the office, and appoint some proper person in his place, and may cause his bond to be put in suit. SECT. 8. When minors are parceners, joint-tenants, or p . tenants in common of lands with others, their guardians, i anc j amon g with the assistance of such persons as the court of pro- co-tenants. bate for that purpose shall appoint, shall have power to make partition of any such land with the co-tenants, which shall be binding, and conclusive on such minors, their heirs, and assigns ; and the several courts of pro- bate are hereby directed, on the application of such ten- ant in common, or of the guardian of any minor, to appoint some meet person to assist in such partition ; and all persons having right in any such land, shall, upon such appointment, forthwith come to a partition of the same. And the guardian of any minor, who is the mortgagee of any lands or tenements, is hereby empowered, on receiv- G } iardiau / J . i . ,1 i minor mortga-r ing the mortgage money, to release to the mortgagor the gee,empower- legal title to the mortgaged premises ; which deed of re- ed to release lease shall be binding and conclusive upon such minor, satlsfied mort * his heirs and assigns. a?e ' SECT. 9. The several courts of probate shall be, and they are hereby authorised, for just and reasonable came, to 264 Title 46. Guardians sale of minor's real estate. Parent, &c. to give bond to vest the avails, &c. To render ac- count To make re- turn of pro- ceedings. Further secu- rity. Application for order of sale, to what court to be made. Notice of ap- plication, how to be given. When judge in the proper dis- trict is dis- qualified, ap- plication to be made in the next. order the sale of real estate of any minor, on application of the parent or guardian of such minor, and to empower him, or some other meet person, to sell and convey the same, in due form of law ; such parent, guardian or other person, first giving bond, with surety, to the judge of pro- bate, and his successors in office, with condition to vest the avails of the estate sold, in other real estate, to be conveyed to such minor, to place the same at interest, on good security, by mortgage, of at least double the value of the estate sold, or to lay out the same in the nurture, education or advancement in marriage of such minor, as the court of probate shall direct or approve, and to ren- der his account to such court, when required, or to the minor, when arrived at full age ; and it shall be the duty of the person making a sale under the provisions of this act, to make return of his proceedings, as soon as may be, to the court of probate, where the same shall be record- ed. SECT. 10. It shall be the duty of such court of probate, whenever there may be occasion, to demand of the obli- gor in such bond, his executors or administrators, further security, and on neglect or refusal to give the same, to put such bond in suit, and the same to pursue to final judg- ment, and the sum recovered to place at interest, on good security, for the benefit of such minor. SECT. 1 1 . Whenever application shall be made for an order to sell the real estate of any minor, belonging to any probate district of this state, in pursuance of this act, such application shall be made to the court of pro- bate, in that district to which such minor belongs 5 but ii the minor do not belong to any probate district of this state, then the application to sell such minor's real estate shall be made to the court of probate in that district in which such real estate is situate ; and whenever applica- tion shall be made for an order to sell the real estate of any minor, pursuant to this act, it shall be the duty of the court of probate to cause notice of such application to be published in some public news-paper, near the place where such real estate lies, three weeks successively, at least six weeks before making such order, and also such further notice as the court of probate, may deem proper. SECT. 12. Whenever a minor shall be so nearly related to the judge of probate in the district where such minor lives and belongs, that such judge cannot by law hear and decide on an application for the sale of such minor's real estate, the parent or guardian of such minor may make application for the sale of such real estate to the judge of probate, in the nearest adjoining district, who shall have the same authority with respect to the person and f-f;t<'. of such minor, as if he liv^d within hi? district. Title 47. Habeas Corpus. 265 TITLE 47. Habeas Corpus. An Act to provide for issuing the writ of Habeas Corpus. . T)E it enacted by the Senate and House of Rep - JJ resentatives, in General Assembly convened, That any judge of the superior court, or the county Wh ma y is- court, when in session, or the chief judge thereof, when hiTbeascor^u^ said court is not in session, shall have power to issue the writ of habeas corpus, and proceed thereon according to law : and when any trial shall be before a single judge, _ the court fee shall be two dollars, and when before a court in session, no fee shall be paid. SECT. 2. When application is made to such court or When and how judge, for a Avrit of habeas corpus, and the facts are veri- to be lssued ' fied, by the affidavit of the person in whose favor the ap- plication is made, or of any other person, in which he or she alleges, that he or she verily believes the person on whose account such writ is prayed for, is illegally confined, or deprived of his lawful liberty.it shall be the duty of such court or judge, to grant a writ of habeas corpus, directed to some proper officer, to serve and return ; who shall receive and make due service of the same, by putting Howtobeser- into the hands of the person, who has the custody of the ved. body of him or her, who is directed to be brought up on said writ, a true and attested copy of the same ; and shall make immediate return of said writ, with his doings there- on, on pain of forfeiting fifty dollars, to the use of the person so held in custody, to be recovered by action on the case. SECT. 3. If any person, having the custody of the body Penalty fordig- of any one directed to be brought up, on a writ of habeas obedience. corpus, duly served, shall fail or neglect to bring up the body, according to the command in the writ ; or shall re- fuse to accept the copy offered in service of the same ; or shall, in any way, fraudulently avoid bringing up the body, according to the command in the writ ; or, having brought up the body, shall neglect or refuse to make re- turn of the cause of detaining such person, so held in custody; he shall be deemed guilty of a contempt of court, and may be punished, by said court or judge, by commitment, for such contempt, and shall also forfeit and pay to the person so held in custody, two hundred dol- lars. SECT. 4. When any facts contained in such return shall Trial, be contested, by the applicant, such court or judge may hear testimony, and examine and decide' upon the truth, 34 '266 The towns to maintain highways, roads and bridges. Exception. When a bridge to be main- tained by two adjoining towns. When a life is lost, by a de- fective road or bridge, the town &c. te pay ibur hundred dollars dama- ges, to chil- dren, &c. Persons injur- ed by defect- ive bridge or road, to recov- er damages. Owner of pro- perty so injur- ed to recover damages. Title 48. Highways and Bridges. as well as the sufficiency of the return, and render such judgment as shall to law and justice appertain. TITLE 48. Highways and Bridges. An Act relating to Highways and Bridges. . TJ E it enacted by the Senate and House of Rep- M.M rtsentatives\ in General Assembly convened. That the inhabitants of the several towns in this state, shall make, build and keep in good and sufficient repair, all the necessary highways, roads and bridges, within the limits of their respective towns, unless it may belong to some particular person, persons or corporation, to main- tain such highway, road or bridge, in any particular case. SECT. 2. And when it is necessary to build or maintain any bridge, across any river, or stream of water, which is the boundary or dividing line, between any towns, it shall be the duty of the inhabitants of such towns, to build and keep in good repair every such bridge; and each town shall pay an equal part of the expence of building and repair- ing the same, unless it. shall be otherwise agreed by said towns. SECT. 3. If any person, at any time, shall lose his life, in passing over any public road or bridge, through the defect or insufficiency thereof, after due warning given to any of the select-men of the town, in which such defective road or bridge is, or to the person, persons, or clerk, or a director of the corporation, who ought to maintain the same, in writing, attested by two witnesses, or after an in- formation made to the county court, by the attorney of the state, in the county in which such town is, of such de- fective road or bridge, then the said town, person, person? or corporation, which ought to keep such road or bridge in repair, shall pay to the child or children of said deceas- ed, or if he or she have no child, to the husband or wife of said deceased, or if he or she have no husband or wife, to the parent or parents of such deceased, four hundred dollars. SECT. 4. If any person shall lose a limb, break a bone, or receive any bruise, or bodily injury, through, or by means of, any such defective bridge or road, in manner aforesaid, the town, person, persons or corporation, which ought to keep in repair such bridge or road, shall pay to the person so hurt or wounded, just damages. SECT. 5. If any horse, or other beast, or cart, carriage or other property, shall receive any injury or damage, through, or by means of, any defective road or bridge, in Title 48. Highways and Bridges. 267 manner aforesaid, the town, person, persons or corpora- tion, which ought to keep such road or bridge in repair, shall pay the owner of such beast or property, just damages. SECT. 6. The town, person, persons or corporation, Railings to be which by law are obliged to maintain any bridge, road or erected on highway, shall erect and maintain a good and sufficient JJ railing or fence on the sides of such bridge, and on the to sides of such parts of such road, as are so made or raised above the adjoining ground, as to endanger the safety of travellers 5 and if any person shall suffer any damage in his person or property, by reason of any want of, or de- O r paydama- fect in, any such railing or fence, such town, person, per- ges. sons or corporation, shall pay to him, who shall so suffer, just damages ; all which forfeitures and damages may be recovered by any proper action. SECT. 7. When the inhabitants of any town, shall neg- On neglect of lect or refuse to build or repair any bridge, across a river town to keep a in a public highway, within the bounds of such town, or howTo pro- S P n any bridge, f<> r the passing of which a toll is by law receivable, on a faster gait than a walk, on penalty of forfeiting, for each offence, one dollar, to be sued for and recovered, by the person, persons or corporation, which shall be entitled to such toll. Provided always, that such person, per- sons or corporation, receiving such toll, constantly keep at each end of such bridge, in full view of passengers, a notification in the form following, to wit : " The riding or driving any horses, team, or carriages, on this brdge, in a faster gait than a walk, is by law prohibited." Pro- vided also, the provision in this section, shall not extend to the bridges and causeway in the meadow in East-Hart- ford. SECT. 10. The draw in the bridge across Connecticut river, in the city of Hartford, for the passage of vessels U P &nd d WD 8aid rlver ' sha11 nOt be raised "" f r the P aS ' sage of vessels, or for other purposes, between the hours of five and eight in the morning, on any day. SECT . u. Be it further enacted, That the select-men of tne respective towns, or the major part of them, may lay out such public highways, or private ways, as they shall judge needful, within their respective towns, first giving reasonable notice to the owners of the land through which the same are to be laid out, or leaving such notice in writing at their place of abode, if within this state, to be present, if they see cause, at the laying out of such ways ; and the damage done to such person or persons, },y laying out the same, shall be paid by the persons ap- plying f r suc ^ wavs ? *f tne same e for their private use only ; but if such ways be for the common use of the inhabitants, or of the public, it shall be paid by the town ; and if the select-men and persons interested, cannot agree as to the damages done by laying out such way, the se- lect-men shall apply to a justice of the peace, who shall appoint three judicious, disinterested freeholders, who, being sworn for that purpose, shall estimate and assess to each person injured, the damages sustained by him, in lay- ing out said way, and a survey in writing, under the hands of the select-men, containing a particular description of such way, being made, accepted by the town, and record- ed in the records of lands in such town, and satisfaction being made to the persons damnified, or the money de- posited in the town treasury for their use, ready to be paid to them, when they shall apply for the same, according to the agreement, or estimate, made as aforesaid, such way De and remam f r the use for which it was laid out. But no highway, or private way, laid out by the select- Title 48. Highways and Bridges. 269 men, in manner aforesaid, through any person's inclosure, laid through who shall declare himself aggrieved, by laying out the SJSJT' same, shall be laid open or occupied, until the expira- tion of twelve months, after the laying out of such way, that such person may have opportunity to apply for relief as is hereinafter provided, and also have time to fence and secure his inclosure. SECT. 12. When any new highway, or common road, County court from town to town, or place to place, within the same JJ^^ ut towns, where the select-men of that town neglect or re- when and how. fuse to lay out the same, shall be wanting, or where old highways or public roads, may with more convenience be turned or altered, any person or persons may make ap- plication to the county court within the county, where the highway or alteration is proposed to be made, for that purpose; which persons, so applying, shall, at least twelve days before the sitting of the court to which they shall make application, cause a citation to be served on one Citation, or more of the select-men of the town, within which the highway is moved to be laid out or altered, to ap- pear, if they see cause, at said court, and make their ob- jections, if any they have, against such highway's being laid out or altered ; and thereupon, if no objections are offered against said application, or if the objections offer- ed are adjudged insufficient, the court before whom such application shall be pending, shall appoint a committee Appointment of three disinterested freeholders, to enquire into the of committee, convenience and necessity of the highway or road, thus prayed to be laid out or altered ; which committee, be- Committee to fore they enter on the duties of their appointment, shall be sworn, take the following oath, to wit : " You swear that you Form of oath, will truly and faithfully, and according to your best skill and judgment, perform the duties and services assigned you, in your commission : So help you Got?." And shall give twelve days' notice, to a majority of the select-men Notice. of the town or towns, in which such highway or road is proposed to be laid out or altered, of the time and place at which they will meet, for the purpose of entering on said service ; and shall also cause a notification in writing of the time and place of such meeting, to be set upon a sign-post in such town or towns, at least twenty days be- fore the time of such meeting ; and if such committee shall be of opinion, that such highway or road, or altera- tion therein, will be of common convenience and neces- sity, they shall proceed to survey and lay out the same, Survey and and assess the damages which will thereby accrue to in- laying out of dividuals ; and shall, thereupon, make their report in- 1 S hwa 7- writing, of their doings, and return the same to such Report, court. And all persons interested or affected, by the 270 Title 48. Highways and Bridges. Persons inter- laying out or altering of such road or highway, shall have rao^trate. Fe l ibertv to appear before said court, and remonstrate or object against the acceptance of said report, and on the hearing thereof, shall be at liberty to shew, that the lay- ing out or altering such road, is not of common conven- ience or necessity, as well as that it will be injurious to individuals, and ought not to be accepted in other re- Reassessment spects ; or, if any person shall complain of the assessment of damage*. o f damages, he may move for a jury to reassess the same ; and if. upon a hearing of the objections to the report of the committee, the court shall be of opinion, that it ought not to be accepted, they may reject the same ; but if the court shall be of opinion, that such report ought to be accepted, then, before the acceptance thereof, if a jury be moved for to reassess the damages, they shall order Jury. such jury, to consist of six disinterested freeholders, to be drawn from the boxes of such towns in the county where the application is made, as the court shall direct ; and said jury shall be summoned and attended, by the sheriff of said county, personally, or in case of his being interested, or otherwise incapacitated, by such deputy- Bywhomsum- sheriff in the county, as the court shall direct; and shall moned. be legally sworn, a certificate of which shall be annexed Their powers, to their report. And the powers of such jury shall be confined to granting relief to the person or persons mak- ing said application, by the reassessment of damages only. Power of the And * ne court to which the doings of said jury are re- court to set turned, shall have power to set the same aside, if, upon aside reassess- exception taken, it shall appear to said court, that said jury have been improperly summoned, or have conduct- ed corruptly ; otherwise, the doings of said jury shall be conclusive as to the assessment of damages : And if the court shall set aside the report of the jury, they shall or- der another jury to reassess the damages, in manner afore- Power of the sa '^' And ^ ** sna ^ appear to the sheriff, or such depu- sheriffto re- ty, as aforesaid, after he has drawn said jurors from the k xes a& aforesaid, that any of them are taxed in the town or t wns where said road lies, or own real estate therein, or are connected with any of the applicants for said jury, by blood or marriage, in such manner as would, by law, prevent a judge from acting or giving sentence between party and party, the sheriff, or such deputy, as aforesaid, shall release said persons, and return their names into the box whence drawn, and summon others to supply their places, who are not interested or connected as aforesaid. If, on the return of the report of said jury, accepted by the court, it shall appear, that there was no cause of complaint, and such jury shall not increase the damages allowed by the committee to the applicants, then the court shall ac- Title 48. Highways and Bridges. 271 eeptthe report of the committee, and shall order the ap- Costa ofappii- plicants for the jury, to pay the costs of the application ; ^ a ho ' to y be but if such jury, in the reassessment of damages, shall in- pa id. crease the damages to the applicants, the report of the committee shall be accepted, and the damages so assessed in what caae shall be allowed, with the costs of application, to be paid report to be by the town ; or if no objection be made to the report of JSSSS,*^ the committee, it shall be accepted ; and when so accept- ed, in either of the cases aforesaid, arid approved by the court, the report shall be recorded, and said highway shall be and remain a public highway ; and the expense Expense and of laying out the same, and the damages sustained by ^J^*'^ persons thereby, shall be paid by the town in whose lim- pa id.. its it shall be laid out ; and said court shall direct when said highway shall be opened, arid when the damages as- sessed shall be paid ; and upon the neglect of the town to make payment thereof, to the persons to whom the same, or any part thereof, shall be ordered, the said court shall direct a scire-facias against the select-men of Remedy by said town, to shew cause why execution should not be scire-facias. awarded against them ; and upon their neglect to show sufficient cause, shall award execution against them, for the charges aforesaid, with additional costs. SECT. 13. If any person shall be aggrieved by the do- Relief for per- ingsofthe select-men in laying out a public or private J,Tdo way, or by the estimate of the damages, such aggrieved select- person may, within eight months after the same is laid out, apply to the county court in the county where- in such way is laid out, for relief, causing said select- men to be duly cited to shew reason, if any they have, why such relief should not be granted ; which court may make enquiry, by a committee, or otherwise, into the convenience and necessity of such way ; and if they shall find, that it is not of common convenience and neces- sity, they shall set aside the laying out of such way, by the select-men ; but if they shall find, that such way is of common convenience and necessity, then, if application be made for a jury to reassess the damages, they shall order such a jury to proceed in the same manner, as in case of highways laid out by a committee ; and if the damages allowed to the applicants shall not be increased, by the jury, then the application shall be dismissed, with costs ; but if such damages shall be increased, by the ju- ry, then the court shall order the same to be paid to the applicants, with the costs of application. SECT. 14. If the select-men of any town, upon appli- In what cases cation to them made, shall refuse or neglect to lay out the county such private ways, as may be necessary for any inhabit- out private lay ants of said town, the county court is hereby empowered, wayt. 272 Expense and damages, by whom to be paid. Highways in cities or bor- oughs, how to be laid out Expense and damages, by whom to be paid. Remedy by scire-facias. Power of se- lect-men to discontinue certain high- ways. Persons ag- grieved there- Title 48. Highways and Bridges. upon application, to cause such ways to be laid out, as may appear necessary, in the same manner, as public highways are by this act directed to be laid out, and or- der the expense of laying out the same, and damages sus- tained by any person thereby, to be paid by the persons applying for such ways, if the same be for their use only ; but if for the common use of the inhabitants, then to be paid by the town. SECT. 15. Whenever any new highway, or common road, shall be wanted within the limits of any city, or bor- ough, for the special convenience of said city or borough, but not for common convenience or necessity, any per- son or persons, being an inhabitant or inhabitants of said city or borough, may prefer a petition therefor to the county court within the same county, which person or persons, shall, at least twelve days before the sitting of the court, to which the petition shall be preferred, as aforesaid, cause a citation to be served on the clerk of the city or borough, as the case may be, within whose bounds the same is prayed to be laid out, to appear, if they see cause, and object to the laying out of said highway ; and thereupon said court, and the committee, (if the court shall appoint a committee to enquire into the conven- ience and necessity of such highway,) shall proceed in the same manner, as is herein before provided, in regard to highways prayed to be laid out at the expense of towns ; said committee giving the same notice, to the clerk of the city or borough, as the case may be, of the time and place of their meeting, as in the latter case is provided to be given to the select-men. And if the court shall ap- prove the report of the committee laying out such high- way, the same shall remain a public highway ; and the expense of laying out the same, and the damages sustain- ed by any person or persons thereby, shall be paid by the city or borough, within whose bounds it shall be laid out; and upon their refusal or neglect to make payment thereof, to such person or persons, the said court shall issue a scire-facias against the mayor and common coun- cil of said city, or against the warden and burgesses of said borough, to shew cause, why execution should not be awarded against them, and upon their neglect to show sufficient cause, shall award execution for such expense and damages, with additional costs. SECT. 16. The select-men of any town, may, with the approbation of such town, discontinue any public high- way, or private way, which may have been laid out by them, or their predecessors in office ; and if any person shall be aggrieved, by the doings of the select-men, in dis- continuing a highway, an appeal shall be allowed to the Title 48. Highways and bridges. 273 county court, in the same manner, and under the same h y may appeal regulations, as is herein provided, for persons aggrieved *,| rt e c( by the doings of select-men in laying out highways. And Powerofcoun- the several county courts may discontinue any highway, ty court to which may have been laid out otherwise than by the se- Jl"el. lect-men, as aforesaid, and which may have become un- highways. necessary for public use. SECT. 17. It shall be the duty of the several towns in Duty of towns the state, at their annual or other lawful meeting, to lay a to lay tax suf- tax on the assessment list, made and perfected, or to be ^"epair made and perfected, on the polls and rateable estate lia- highways, ble to be set in the list on the first day of October, in the } car preceding the year in which such tax is to be collect- ed and expended, sufficient to make and keep in repair all necessary highways therein. And they shall have powers of power to divide the towns into highway districts of con- towns in rela- venient extent ; to appoint surveyors of 'high ways, and tlontoni g h - collectors of taxes; to lay out the money, and repair the highways, in such manner as they may judge proper ; to make all necessary regulations for that purpose ; to in- flict fines, not exceeding seven dollars, on persons ap- pointed to be surveyors or collectors, who shall refuse .to serve, or having accepted, shall neglect to perform their duty ; to prescribe the mode of recovering such tines ; to direct the time and manner, in which collectors of high- way taxes shall render their accounts, and to proceed against them for any default, as in the case of negligent collectors of town taxes : Provided, that where any town has heretofore been authorized, by special act of the general assembly, to repair the highways in such town, in a manner different from the provisions in this sec- tion, such town may continue to make and repair their highways agreeably to such special act.(l) SECT. 18. Whenever there maybe occasion to clear Surveyors, &c. any water-course, or place or places, where the water Jua f open 'j-'/r/. ji-i water-courses, may dram on from any road or highway, the surveyors &,-,. of highways, or other persons authorized to repair such road or highway, may clear such water-courses and plac- es, where water may drain off from highways, into or through any person's land, so far as may be necessary, sufficiently to drain off the water as aforesaid. (1) In the revision of 1672, the mode of 1795, when liberty was granted to each repairing highways was prescribed to be, town to lay taxes for this purpose. The by directing the towns to appoint survey- mode of repairing highways, by taxation, ors, who were empowered to call out men was generally adopted ; and being the and team?, two days at least, in each year, most equitable, it is now established by to work on the highways. This mode was law. continued, with various modifications, till 85 274 Title 49. Idiots. Towns, how SECT. 1 9. When any town shall neglect to keep in good 1a and sufficient repair, any public road, within such town, which it is the duty of such town to maintain and repair, it shall be the duty of the county court, upon complaint made, to order necessary repairs, and grant a warrant against the select-men of such town, to collect the sums State's attor- expended in such repairs ; and it shall be the duty of the ney ancUhenff S ^ a t e 5 g a ttornies, and the sheriffs of the respective coun- ties, to make complaint of any neglect as aforesaid, which may come to their knowledge. TITLE 49. Idiots. An Act providing for the care and government of Idiots, Lunatics, and Spendthrifts. i E it enacted by the Senate and House of Rep- resentatives, in General Assembly convened, County court That whenever any idiot, lunatic, or distracted person, toappomtcon- ^ anv es t a t e t ne CO unty court, in the county where servator; , J '. , ,. J ,. . i , such person resides, shall, on the application of the se- lect-men, of the town where he or she belongs, or any relation, make due enquiry, and if they find such person to be incapable of taking care of him or her self, they shall appoint some proper person to be the conservator of such idiot, lunatic, or distracted person, who shall who shall give gj ve bond, with sufficient surety, to the treasurer of the county, fora faithful discharge of his trust, and shall have duty P W ld tne care aild cn arge of his or her person, and of his or her estate, both real and personal ; and such conservator shall, forthwith, make a true and perfect inventory oi said estate, and return the same into the office of the clerk of such county court, where it shall be kept on file ; and shall render his account lo said court of the manage- ment of such trust, when thereto required, and shall be allowed a reasonable compensation for his services. And said court shall have power to remove such conservator, for neglect of duly and mismanagement in such trust, and to appoint another in his place. SECT. 2. It shall be the duty of the conservator to take care of and manage the estate of such idiot, lunatic, or distracted person, in a husbandlike manner, without com- mitting waste, and to apply the annual income and prof- its thereof to support him or her, and his or her family. He shall have power to collect all debts due to such per- son, and to institute suits for that purpose ; and to adjust aud settle all accounts and debts due from him or her. He may sell or dispose of the personal estate of such Title 49. Idiots. 275 person to pay his or her debts, and support him or her, and his or her family ; and in case the annual income of his or her estate shall be insufficient to support him oi- lier, and his or her family, and to pay his or her debts, then on application of the conservator, to the county court, they may liquidate the debts due from him or her, and the expenses of his or her support ; and if they find the personal estate to be insufficient to discharge the same, or if, in their opinion, it will be for the interest of such person that part of such personal estate should be retained for his or her use, such county court shall have power to order a sale of so much of the real estate as Sale of real es- shall be necessary to pay the same, with incident charg- tate. es of sale ; and if such person should be restored to his or her reason, then what remains of his or her estate, shall be returned to him or her, or in case of his or her death, to his or her heirs, executors, or' administrators, after a reasonable allowance to the conservator for his services, to be ascertained by such county court. SECT. 3. If any lunatic or distracted person shall go at Confinement of large, who is dangerous and unfit to be without restraint, lunatic, or dis- and may injure others, in their persons or estate, it shall traded person. be the duty of the civil authority and select-men of the town where such lunatic or distracted person belongs or resides, to order and direct that he be confined in some suitable place ; and in case the person or persons, under whose care such lunatic or distracted person shall be, or who are bound to provide for, and support him or her, shall refuse or neglect to confine him or her, in such place and manner as by said civil authority and select- men shall be directed, then the said civil authori- ty and select-men shall take proper and effectual means to prevent him or her from going at large, and for his or her confinement and support in some suitable place. SECT. 4. Whenever any person, tried for murder or Confinement of manslaughter, shall be acquitted, on the sole ground of in- persons tried sanity, the court, before whom the trial is had, may, if formurf ] er > , J ' . or manslaudi- they deem it proper, commit such person to the gaol in ter, and ac- the county where such trial is had, there to be closely quitted on the confined during such insanity, unless some person or per- ground of in- tons shall undertake and give bond to the treasurer of the sam state, before such court, to their satisfaction, to confine such insane person, in such manner as said court shall or- der and direct. SECT. 5. And any person, confined as aforesaid, or his Enlargement or her relations, shall have right to apply, by petition, to and disposal of the county court, in the county where such person is such persons, confined, for his or her enlargement ; which petition //'/ L shall be served on the select-men of the town where *" ^J^j^ such person belongs, in the manner prescribed by law ; *~ ' T 276 Title 49. Idiots. Expense by whom to be paid. Duty of select- men to inspect management, &c. of their inhabitants. Duty of over- seer, in first stage. Revocation of appointment. Proceedings preparatory to second stage. and said court shall order and decree with respect to the future disposal of the person so confined, as to them shall appear proper arid reasonable. And all expens- es incurred under the three preceding sections, shall be paid out of the estate of such lunatic or distracted person, if any he or she has ; if not, by his or her re- lations, if he or she has any, of sufficient ability, liable, by law, to support him or her ; if none, then by the town to which he or she belongs. SECT. 6. The select-men shall, from time to time, carefully inspect the management and conduct of all per- sons residing in their respective towns ; .and if they find any person, by idleness, gaming, intemperance, debauch- ery, mismanagement, or bad husbandry, likely to spend and waste his or her estate, to be reduced to want, and to become chargeable to the town, they, or a major- ity of them, shall appoint some proper person to be his or her overseer ; to advise, direct and order him or her, in the management of his or her business ; which ap- pointment shall be under the hands of the select-men, specifying the cause, and the time for which the appoint- ment is made, not exceeding three years, and shall be set up on the sign-post in said town, and a copy thereof shall be lodged with the town-clerk of the town ; and such se- lect-men shall have power to remove such overseer, for neglect of duty, or mismanagement in his trust, and to ap- point another in his place : and no person, under the appointment of an overseer, shall be capable of making a contract without his consent. SECT. 7. It shall be the duty of the overseer to super- intend the management of the estate and concerns of such person, and to restrain him or her from improvi- dent contracts, and from wasting his or her estate, and to assent to all contracts and dispositions of his or her pro- perty, ncessary for a proper management of his or her concerns, and the support of such person, or his or her family. And if such person shall reform, the select-men may revoke the appointment of the overseer ; but if such measures do not produce a reformation, and he or she re- fuses to submit to the authority of the overseer, then the select-men may apply to two or more justices of the peace in the same town, who may issue a warrant, and cause such person to be brought before them, or may no- tify him or her to appear at some proper time and place, or if he or she-absconds, a notice left at his or her usual place of abode shall be sufficient : And such justices of the peace shall make due enquiry, and if they find, that such person, by his or her misconduct, as aforesaid, is wasting his or her estate, and is likely to be reduced to Title 49. Idiots. want, and that he or she refuses to submit to the authori- ty of his or her overseer, then they may direct and au- thorize the overseer, or any other person they may think proper to appoint, to take his or her family and estate under his care. SECT. 8. It shall be the duty of such overseer to make * out a true and perfect inventory of all the estate of such 9tag ' e person, both real and personal, and deposit a copy there- of in the office of the town-clerk. And such overseer shall have power to use and manage the estate, in such manner as* he judges will be for the best interest of such person ; to collect and pay his or her debts ; and to insti- tute suits for that purpose ; to apply the income and a- vails of his or her estate to support him or her, and his or her family; and when necessary, to sell and dispose of his or her personal estate. And if the rents and a- vails of his or her estate shall be insufficient, to pay his or her debts, and support his or her family, then the overseer may apply to the county court, who, in such g a j e O f rea i es . case, may order a sale of his or her real estate for that tate> purpose. And all overseers appointed by two justices of the peace, shall renderan account, annually, to the select- men of the town, and oftener, if required, of the manage- ment of such estate, and the disposition thereof 5 and may Removal oi be removed by the select-men, with the advice and con- overseer, sent of two justices of the peace in the town, for miscon- duct in their office, and others may, in like manner, be appointed in their place ; and in case of the death or re- signation of an overseer, the select-men, with the advice and consent of two justices of the peace in the town, may appoint another in his place. And whenever a va- cancy shall occur in the office of an overseer, by death or otherwise, the disability of the person over whom such overseer may have been appointed to convey his or her estate, or to make contracts, shall continue for the term Disability to of nine days thereafter, that the select-men of such town continue nine may have an opportunity to supply such vacancy, by an- days after va " other appointment. SECT. 9. Whenever such person shall reform, said p rocee ding8 to justices of the peace shall have power to stop all proceed- be stopped, in ding? against him or her ; to revoke the appointment of case . of refor - the overseer ; and to order his or her estate to be re- matlon * turned to him or her. And if any person shall be ag- grieved, he or she may appeal from the doings of the se- Appeal lect-men, or the justices of the peace, to the county court in the county where the parties liv _. who may grant the proper relief. SECT. 10. When it shall so happen, that any man shall Husband'ses die without issue, leaving a widow, and estate real or per- tate liable for 278 Title 50. hdiam. support of im- potent widow. Such support may be recov ered of heirs or legatees. sonal belonging to him, such estate is hereby made lia- ble tor the support of the widow of such deceased hus- band, during her widowhood, in case she become impotent, and no person of ability be liable to support her. And all and every person or persons, to whom such estate, or any part thereof, is give nor descends, respectively, shall, so far as the estate so given or descended extends, be held to support such widow, during her widowhood, in proportion to the value of the estate so given or de- scended, to him or them as aforesaid, respectively : such support and maintenance to be recovered of such heir or legatee, or their heirs, in the same way and manner as the same may be obtained against children for the sup- port of their parents, according to the law in such case made and provided. TITLE 50. Indians. An Act for the protection of Indians, and the preservation of their property. . Overseer of each tribe to be appointed by the county court. To settle his accounts an- nually. Purchase of land from In- dians prohib- ited, and the purchase void. Penalty for selling spirit- ous liquors to Indians. E it enacted by the Senate and House of Rep- reseittalives, in Gentral Assembly convened, That an overseer shall be appointed to each tribe of In- dians living within the limits of the state, by the county court, in the county in which such tribe resides, who shall have the care and management of their lands, and shall see that they are husbanded for the best interest of the Indians, and applied to their use and benefit. SECT. 2. The overseer of each tribe of Indians shall, annually, state and settle his account of the concerns of such tribe, with the county court, in the county within which such tribe resides ; and on failure thereof, or for any neglect of duty, such county court may remove him from office, and appoint another in his place ; and said court may, at any time, call such overseer to account. SECT. 3. If any person shall purchase, hire, or receive, by gift or mortgage, any land from any Indian or Indians, he shall forfeit treble the value of the land to the treasury of the state, and the bargain and conveyance shall be absolutely void. SECT. 4. If any person shall sell or give any spiritous liquor to any Indian, he shall, for every such offence, pay a fine of two dollars to the use of the town where the offence is committed, for every pint, and in the same proportion for every greater or less quantity : Provided, that this shall not be construed to prevent or restrain any act of charity, for relieving an Indian, in case of sickness, or necessity. Title 51. Inhabitants 279 SECT. 5. No judgment shall be rendered against an Indians not lia, Indian, for any debt, or on any contract, except for rent tr ^ c , n c n " of land, hired and occupied by such Indian. SECT. 6. In a suit brought by any Indian or Indians, Possession of for the recovery of land, reserved by Indians for them- ^L^tHle selves, or sequestered for their use, by the general assem- against In- bly, or by any town, agreeably to law, the defendant shall dians. not be permitted to avail himself of a possession for tifteen years or more, to make out a title. (1) (1) When our ancestors took possession revision of 1702, there are some additional of the territory now composing this state, it regulations to prevent the selling of strong was inhabited by a great number of tribes drink to them ; to punish them for drunk en- of Indians. They never had a war with ness ; to protect them in their rights of any tribe but the Pequots, within the state. property ; and to prevent any private per- At a very early period, they were all in son from purchasing their lands. Under some degree of subjection to the English ; this mild treatment, without war or pesti- they were never treated as a conquered lence,^they have been constantly diminish- nation, or enslaved ; but were treated as ing, and are now reduced to a very small friends and allies, and were considered as number, and will probably, in a short time, a free people. The great object was, to wholly disappear. So great was their im- fivilize and christianize them ; and the providence, that the government, at an control exercised over them was for their early period, were obliged to appoint over- protection and benefit. In the revison of seers to each tribe, which practice has 1672, regulations are found, requiring min- been continued to the present time ; and isters of the gospel to endeavor to convert all that can now be done for them, is to the neighboring Indians to Christianity, prevent them from wasting their property, prohibiting powaws, and the profanation and to see that the lands which have been of the sabbath, and punishing murders. secured to them, by the government, for Precautions were taken to guard against their support, are properly managed, and injuries committed by the Indians. In the the avails applied to their benefit." TITLE 51. Inhabitants. An Act for the admission and settlement of In- habitants in Towns. SECT T^^ ** enacte d ty the Senate and House of Rep - JJ resentatives, in General Assembly convened, That no foreigner, or person who is not an inhabitant of HOW foreign- this state, or any of the United States, who shall come ers shall gain to reside in any town in the state, shall gain a settlement ^ttteroent"- in such town, unless admitted by the vote of the inhab- itants of such town, or by consent of the civil authority and select-men of such town, or unless such person shall be appointed to and execute some public office. SECT. 2. No person, who is an inhabitant of any of How inhabit the United States, (this state excepted) who may come 2JSeg f 9 iJ2j er to reside in any town in the state, shall gain a settlement ga i n settle- therein, unless he shall have statedly resided in such ments. town one year, next preceding the time he claims to be admitted an inhabitant, and has some one of the requisites enumerated in the preceding section ; or unless he shall 280 Titk 51. Inhabitants. have been possessed, in his own right, in fee, of real estate, situated in this state, of the value of three hun- dred and thirty-four dollars, free from any incumbrance : and where the title to such real estate shall be by deed, such deed shall have been recorded, at full length, in the proper office, for the term of one year : nor shall such person gain a settlement, unless he has been the owner of such estate, and has resided in such town, at least one year next preceding the time he claims to be admitted as an inhabitant. How inhaln- SECT> 3< ^ o inhabitant of any town in this state, shall tants of one i i , /u town shall gain g ain a e g a l settlement in any other town, unless he have settlements in some one of the requisites enumerated in the first sec- aaother. tion in this act ; or unless he shall have been posses -d. in his own right, in fee, of a real estate, of the vaiiu- of one hundred dollars, free from any incumbrance. for the space of one year, in the town to which he may have removed, during his continuance therein ; or unless he shall have supported himself, for the term of six years. agreeebly to the provisions in the next following section in this act. SECT. 4. Any inhabitant of any town in the state, may remove, with his or her family, or, if such person have no family, may remove him or herself, into any town, and continue there, without being liable to be warned to depart, or to be removed therefrom, except in the cases hereinafter provided, and shall gain a settlement in the town to which he or she may have so removed, in case he or she shall reside in such town for the full space of six years, from and after his or her first removal into such town, and shall, during the whole of said time, have sup- ported him or herself, and his or her family, if such per- son have a family, at the time of such first removal, or at any time during said term, without his, her or their becoming chargeable to such town, or to the town that may by law be liable to charge for the support of such person or family : but if any such person, at any time before the expiration of said term of six years, become unable to support him or herself, and family, if any there be, and become chargeable to the town that may be liable, for his, f her, or their support ; or, if such person, at any time / before the expiration of said term of six years, shall V neglect or refuse to pay any taxes within the time pre- V scribed by law for payment, demand having been made J by the collector thereof ; then, in such cases, respectively, every such person, with his or her family, may be remo- ved to the place of his or her last legal settlement, in the same manner as is hereafter provided in this act respect- ing the removal of inhabitants to other states. Title 51. Inhabitants. 281 SECT. 5. When any inhabitant of any town shall re- When paupers move into another town, and whilst there, he, she, or any e JJJJf . of his or her family, if any there be, shall become charge- come charge- able to the town from which he, she or they, respectively, able in anoth- removed, and to which they, respectively, belong ; then, JJj^JJJJjf h the civil authority, or any two of them, in the town to which such pauper or paupers belong, shall have power, on the application of the select-men of such town, if they shall judge proper, by warrant, under their hands, directed to either of the constables of said town, to or- der said pauper or paupers to be taken and transported from the town where they reside and are chargeable, to the town to which he, she, or they, respectively, belong; and such constable shall take and transport him, her, or them, according to the directions contained in such war- rant. SECT. 6. When any inhabitant of any of the United inhabitants of States, (this state excepted,) shall come to reside in any other states, town in this state, the civil authority, or the major part how *? be re ~ of them, in such town, are hereby authorized, upon the m application of the select-men, if they judge proper, by warrant, under their hands, directed to either of the con- stables of said town, to order said person to be conveyed to the state, from whence he or she came ; and such constable, on receiving said warrant, is hereby authoriz- ed to execute the same ; and the expense thereof, being Expense how liquidated and allowed, by the select-men of the town to to be paid. which such constable belongs, shall be paid out of the treasury of such town. And also the expense of con- veying an inhabitant of this state as aforesaid, shall be liquidated, allowed and paid, in the same manner ; pro- vided such person, in either case, has not gained a legal settlement as aforesaid. SECT. 7. The select-men of any town shall be, and gelect-mea they are hereby authorized, either by themselves, or by may warn per- warrant from a justice of the peace, in such town, direct- sons not in- ed to either constable of such town, which warrant such ^ lta " ts of justice is hereby authorized to give, to warn any person depart, not an inhabitant of this state, to depart such town ; and the person so warned, shall forfeit and pay to the treas- urer of such town, one dollar and sixty-seven cents per Forfeiture for week, for every week he or she shall continue in such not departing, town, after warning given as aforesaid ; and when any uch person, who shall be convicted of the breach of this net, in refusing to depart on warning as aforesaid, hath no estate to satisfy the tine, such person shall be whipped on the naked body, not exceeding ten stripes, unless he or she depart the town within ten days next after sentence given, ami reside no more therein, without leavo of tke 36 282 Title 52. Insolvency. Proviso. select-men. Provided nevertheless, that nothing con- tained in this section, or the section next preceding, shall be construed to affect apprentices under age, or servants bought for time. Persons sent SECT. 8. If any person, not an inhabitant of this state, ^ a 'T' r ^ tura * shall return, after such sending away as aforesaid, and whippedf abide in said town from whence sent, after warning given him to depart as aforesaid, he shall be whipped on the naked body, not exceeding ten stripes, and may again be sent away, and dealt with as aforesaid, as often as there shall be occasion ; and the select-men in the respective towns are hereby empowered and directed to prosecute all breaches of this act. Inhabitants of SECT. 9. If any inhabitant in any town, shall, contrary the town not to the intent of this act, entertain or hire any such person TOreo^noTin- no ^ an ^ rma ^^ ant f this state, who shall come to reside habitants of in such town, or let any house or land to such person, un- the state. Jess such inhabitant shall first give security to the accep- tance of the authority and select-men of such town, to save said town from all expense that might be occasioned thereby ; such inhabitant shall forfeit and pay to the treasury of such town one dollar and sixty-seven cents, per week, for every week he or she shall harbor, entertain, hire, or let estate as aforesaid. The bringing SECT. 10. Any person, who shall bring into this state of paupers in- any poor and indigent person, and leave him or her in any * own w 'thin the same, of which town he or she is not an inhabitant, such person so bringing in and leaving such poor and indigent person, shall forfeit and pay. for every such person so brought in and left, the sum of sixty-seven dollars, to be recovered in any court proper to try the same, to and for the use of such town. TITLE 52. Insolvency. An Act to authorise the Superior Court to grant relief in certain cases of Insolvency. . // enacted ' ed by the Senate and House of Reprt- sentatives,in General Assembly convened, That Petition for re- whenever any person, who is an inhabitant of this state, lief against shall, according to the accustomed form of chancery pro- cess, prefer his or her petition against his or her credit- ors, to the superior court, held in the county whereof he or she is an inhabitant, representing that he or she is insolvent, and praying for relief; such court shall, as a to U have r C ogrii* court f chancery, have cognizance of the case, and if, zance.- upon a hearing and examination had, it shall appear to Title 52. Insolvency. 283 the court, that the petitioner has a fair character for Substance of probity and industry, and is not justly chargeable with tie P etltlon - idleness or mismanagement in his or her affairs, and that he or she has become insolvent, and has not conveyed any of his or her estate with intent to defraud his or her creditors, he or she shall be deemed and adjudged to be an insolvent debtor within the true intent and meaning of this act. SE( T. 2 Whenever any debtor shall prefer his or her Mode of notice petition to the superior court for the benefit of this act, he to Creditors . r . , r , , r . ' . out 01 the or she may apply to either ol the judges ot the superior state. court, who is hereby authorized to grant an order, direct- ing the notice which shall be given on such petition, to the creditors of such debtor, living without this state ; and on proof being made to said court that such order has been complied with, the court may, at their discretion, pro- ceed to hear and determine such petition^ at the term to which the same is made returnable. SECT. 3. Whenever any person is adjudged to be an insolvent debtor, in manner aforesaid, such court shall have power to appoint two or three judicious and disinter- ested persons to act as commissioners, in exercising the powers, and granting the relief in this act hereafter spe- Commission- cified ; and such commissioners, before they shall be ca- ers ' pable of acting, shall, respectively, take the following oath : i; You A. B. do swear, that you will faithfully and Form of their impartially, according to your best skill and knowledge, oath - execute the several powers and trusts reposed in you, as a commissioner on the estate of : So help you GoJ." And the commissioners who shall be sworn as aforesaid, shall proceed, as soon as may be, to execute their powers. And in order that the relief provided in this act may ensue to such insolvent debtor, he or she shall, within thirty days from the rising of the court aforesaid, assign upon oath, to such commissioners, by legal and proper conveyances, all his or her estate, real . . , . ' Assignment of or personal, in possession, remainder, or reversion, ex- estate. cepting only such estate, as is not by law liable to be taken in oicr.ution ; and the commissioners shall be authorised to administer such oath to such insolvent debtor, and to propound to him or her interrogatories to be answered up- i uc insolvent on oath, touching his or her estate; and if, in the opin- ouoath. ion of the commissioners, such insolvent shall have made a ful^nd fair disclosure and assignment of his or her es- tate, according to the true intent of this act, and not other- wise, the commissioners shall deliver to such insolvent a certificate, under their hands, that he or she has made an assignment of his or her estate, in conformity to the re- 284 Certificate to be evidence of conformity, and shall pro- tect the person of the insol- vent. Proviso, that on petition of creditors^ and proof of fraud, the superior court may ad- judge certifi- cate to be of no avail. Powers and duties of the commission- Title 52. Insolvency. quirement of this act : and such certificate shall be evi- dence of his or her conformity, and as such shall operate to protect the person of such insolvent debtor from ar- rest or imprisonment, for, or on account of, any debt 01 demand due, or owing, to any creditor named in his oi- lier petition, at the date thereof, or to any other creditor, who shall claim or receive any share or dividend from his or her estate, by virtue of the provisions hereafter con- tained in this act. Provided however, that if any creditor or creditors, the recovery of whose claim or claims is barred in manner aforesaid, shall prefer a petition against said insolvent, to the superior court, in the county where- in such insolvent resides, and shall, on trial thereof, make proof, that such insolvent hath fraudulently concealed, or wilfully neglected to assign any of his or her property, in manner aforesaid ; or directly, or indirectly, sold, or otherwise disposed of, any part thereof, thereby to secure the same, to receive or expect any profit or advantage thereof; or that any creditor, or pretended creditor, of such insolvent, has exhibited to the commissioners, any fictitious or false debt or demand, with intent to defraud the real creditors of such insolvent, and that he or she, knowing thereof, hath neglected to make discovery there- of ; such proof shall be evidence that such insolvent debt- or hath deceived and defrauded his or her creditors ; and it shall thereupon be the duty of the court to adjudge, that hereafter the certificate given to such insolvent debt- or, shall be of no avail as evidence in any court of law or chancery. SECT. 4. The commissioners shall hold all such estate as shall be assigned to them, in manner aforesaid, for the benefit of all the creditors of such insolvent debtor as shall exhibit and prove their claims ; and shall have full power, in their own names, or otherwise, to collect all debts due, or owing to such insolvent, and to pursue any action commenced by him or her, and to institute, and pursue to final judgment, any suit for the recovery of any estate assigned as aforesaid ; and it shall be the duty of the commissioners to dispose of, sell and convey, as speedily as may be, all the effects and estate, which shall be so assigned to them, and the same to convert into money, for the use of the creditors of such insolvent debtor. SECT. 5. The commissioners shall also receive, adjust, and ascertain the several debts, due and owing, by the in- solvent debtor, to such of his or her creditors, as shall seasonably present and prove the same ; and for that purpose, they shall, within thirty days from the time such assignment is made, give public notice of the times and comi ers. Title 52. Insolvency. 285 places of their meetings, in such newspaper or newspapers, as the superior court shall direct ; and they shall meet at Meetings of least three different times, the last of which meetings shall be at the expiration of six months from the public notice given aforesaid, unless the superior court, holden as afore- said, shall, for cause shewn, adjudge it reasonable, that the time of the last meeting be further extended ; in which case, the commissioners shall conform to the direction of such court : and no claim shall be admitted after such last meeting ; but as soon as may be thereafter, the commis- sioners shall examine and decide upon all claims, which shall, at the time of said last meeting, remain undecided. And the commissioners shall average all claims allowed, Avera ? e - upon the avails of the estate which shall come to their possession, first deducting therefrom all claims, which may be allowed in favor of this state, and a reasonable allow- ance for their services and expenses ; and shall pay over to each creditor, whose debt shall have been proved and allowed, his or her rateable share or dividend. SECT. 6. The superior court, which shall have appoint- Powersof su- ed, shall have power, for cause shewn, to remove any P enor court i i i i 1 1 over comnus- commissioner, and to supply any vacancy, which shall s i oners . happen ; and may, on motion of one fourth of the credit- ors in value, and reasonable notice given to the com- missioners, hear, and decree concerning any proceedings by them had, or any neglect charged against them, after granting the certificate aforesaid ; and may, by any pro- per process in chancery, as occasion may require, compel the commissioners to execute their trust, in such man- ner as the court shall adjudge that the provisions of this act require. And as soon as the commissioners on any Doings ofcom- in^olvent debtor's estate, shall have completed the set- missioners to tlement thereof, they shall return to the court, to be lodg- j* 5 j ed on file, a true and complete account of the proceeds of such insolvent debtor's estate, as also of the several debts by them allowed, and of their charges and expen- ses as commissioners ; and the certificate given by the Certificate to commissioners, in manner aforesaid, shall be recorded in be recorded - the records of the court, declaring any person to be an insolvent ; and an authenticated copy thereof shall be ad- mitted in evidence in all courts in this state. 286 Title 53. Inspection of Provision*. TITLE 53. Inspection of Provisions. An Act to regulate the Inspection of Provisions, and other articles of Commerce. SECT 1 pointed ; to give bond; to be sworn ; toappointdep- who shall give n ' and be sworn; surveyorsand packers ; who shall give and be sworn, Assistant in- spectorsto makereturnto ; deputies to mspector-gen- inspector-gen- *ralto senate, *' enacte d ty tfie Stnate and House ofRep- resentatixes* in General Assembly convened, That there shall be an inspector-general of beef, pork, fish, flour, corn-meal and shingles, for this state, who shall be well skilled in the knowledge of the same, to be appointed by the senate, and to be by them removable at pleasure, who. before he shall enter on the duties of his gaid office? sha j] gjve bond? with su flj c j ent sure ty, to the treasurer of the state, in the penal sum of five thousand dollars, for the faithful discharge of his duty, and shall also jje sworn faithfully to perform the same ; and such in- spector-general shall have power, when so qualified, to appoint, and shall appoint, a deputy-inspector, in each county, who shall be removable by him at pleasure, and for whom he shall be answerable ; and shall take bonds from them to himself and successor in said office, with sufficient sureties, in a penal sum, not exceeding one thousand dollars, and the said deputy-inspectors shall a]so be gworn to a f a j thful discharge of their duty ; and each of the deputy-inspectors, when so appointed and qualified, shall appoint, in the several towns in their re- s p ect i ve counties, such a number of assistant inspectors, surveyors and packers, as shall be necessary, who shall give bonds, with surety, to the deputy-inspector, from w hom such assistant, surveyor, or packer, shall receive his appointment, in a penal sum of not less than one hun- dred dollars, for the faithful discharge of their duty, and shall also be sworn faithfully to perform the same. SECT. 2. It shall be the duty of every assistant inspec- tor to make return to the deputy-inspector, by whom he gj^jj ^aye been appointed, once in every three months, of the number of barrels and half barrels, of beef, pork, fish and flour, and of the number of barrels and hogs- heads of corn-meal, and the number of thousands of shin- gles, inspected by him, agreeably to the provisions of this a ct ; and every deputy-inspector shall make like return, once j n every six months, to the inspector-general, of the several articles aforesaid, inspected by him and his as- sistants; and it shall be the duty of the inspector-general, in tlie montn f May, annually, to make return to the senate, of the whole number of barrels and half barrels, of beef, pork, fish aud flour, and the number of barrels and Title 53. Inspection of Provisions. 287 hogsheads of corn-meal, and the number of thousands of shingles, inspected according to the directions of this act, in this state, the year preceding, designating the different sorts and qualities of the articles aforesaid, and the places where they were inspected ; and any deputy- inspector may, when requested, and at his discretion, ^^JjJjJJ** direct any one of his assistants, to go into any part of the sistanttogo county, for the purpose of inspecting any of the articles into any part aforesaid. of his county. SECT. 3. No beef shall be packed or repacked, in bar- Merchantable rels or half barrels, for exportation, unless it be of fat cat- b if e n ^ hat tie, not under two years old, and all such beef shall be cut into pieces as nearly square as may be, which shall not exceed eight pounds in weight, nor be less than four pounds weight. All beef which the inspector-general, deputy-inspector, orassistant, shall find, on examination, to have been killed at a proper age, to be fat, and otherwise good and merchantable, shall be sorted and divided by him, in five different sorts, for packing and repacking into Five sorts, barrels or half barrels, to be denominated, mess ; prime, No. 1 ; prime, No. 2 ; cargo ; or hock. Mess beef shall Mess beef - consist of the choicest pieces of oxen or steers, three years old or more, well fatted, and weighing six hundred pounds, or more : the shin, shoulder-clod and neck, shall be taken from the fore quarters ; and the leg and leg- rounds, from the hind quarters : and each barrel and half barrel, containing beef of this description, shall be branded on one of the heads, with the words u Mess Beef." Prime beef, No. 1 . shall consist of choice pieces Prime beei, of fatted oxen, steers, cows or heifers, three years old, or 1 * more, not under four hundred pounds weight, and to average five hundred and twenty pounds weight, without any neck or shanks ; on one head of each barrel and half barrel of beef of this description, shall be branded, -x " Prime Beef, No. 1." Prime beef, No. 2. shall consist Prime beef,/ of fat cattle, of all descriptions, not before mentioned, three years old, or more, (bulls excepted.) with not more than half a neck and three shanks, and without any hocks ; each barrel and half barrel of which shall be branded, " Prime Beef, No. 2." Cargo beef shall consist of fat- Cargo beet. ted cattle, of any description, two years old, or more, each barrel of which may contain two hocks and one half neck, and no more ; each barrel and half barrel of which, shall be branded, " Cargo Beef." Hock beef shall con- Hock beef. sist of hocks and necks, the flesh of the cheeks, hearts, and skirts of hearts of fatted cattle, of all descriptions, two years old, or more ; each barrel and half barrel of which shall be branded " Hock Beef." And every bar- How salted : rel of beef shall be salted with seventy-five pounds of 288 Title 53. Inspection of Provisions. and pickled. Pork of four qualities. Mess. One hog. Prime. Cargo. How salted and pickled ; and branded. Fish for mar- ket, how pre- pared and put up. Weight of bar- rels, &c. Shad of three qualities. Shad, No. 1. Shad, No. 2. Shad, No. 3. To be inspect- clear St. Ubes, Isle of May, Lisbon or Turks-Island salt, or eighty pounds of coarse Liverpool salt, or other salt of equal quality, exclusive of a pickle, made of fresh water, as strong as salt will make it ; and to each barrel of beef, of the first four descriptions, shall be added six ounces of saltpetre ; and each half barrel of beef shall be salt< d with one half the quantity of salt before mentioned, and three ounces of saltpetre. SECT. 4. There shall be four qualities of pork for ex- portation, known and distinguished by the names of moss, one hog, prime, and cargo pork ; mess pork to consist of rib pieces only ; one hog, to be one hog, and no more, in a barrel ; prime pork, to consist of three shoulders, and one head and a half, the head not weighing more than twenty-four pounds to a barrel ; cargo pork to consist of not more than five shoulders, and not more than thirty pounds of head to each barrel ; and each barrel and half barrel of pork shall be salted and pickled, with the same weight of salt, and the same kind of pickle, as is in this act provided for packing and salting beef ; and each barrel and half barrel of pork, when so inspected and packed or repacked, shall be branded in the same manner as is in this act provided for branding beef, designating the different qualities or denominations herein described. SECT. 5. All pickled shad, codfish, or mackerel, intend- ed for market, shall be split and well cleansed, and pick- led in a strong brine. Shad and codfish shall lie in such brine, at least fifteen days ; and mackerel shall lie in such brine, at least forty-eight hours, before they are put up for market ; and shall be put up in barrels or half barrels ; each barrel shall contain two hundred weight ; and each half barrel shall contain one hundred weight, well pack- ed, with a sufficient quantity of salt, and filled with a strong brine. And shad so put up, shall be of three qual- ities : the first of which shall be denominated Shad, No. 1, and shall consist wholly of shad well saved, free from rust, or any defect, with the head and tail cut off, and the back-bone taken out ; and each barrel shall contain no more than seventy-two shad ; half barrels no more thai! thirty-six shad each. The second quality shall be denom- inated, Shad, No. 2 ; and shall consist, wholly, of well saved shad, trimmed, pickled, and prepared for packing. in the same manner as shad, No. 1, and shall not contain more than eighty-two shad to a barrel ; half barrel? not more than forty-one shad each. The third quality shall be denominated Shad, No. 3, and shall consist of shad well saved, with the head taken off, that will not answer for either of the two former numbers. And said barrels and half barrels of fish, shall be inspected and brand Title 53. Inspection of Provisions. 289 ed in the manner herein before provided, for inspect- and branded : ing beef; and the inspector who shall inspect and brand the same, shall designate by each brand, the quality, and weight, and kind of fish contained in said barrel and half barrel, by him branded, and also the name of said inspector, and the name of the town, where said fish was put up. Flour to be SECT. 6. There shall be two qualities of wh'eat or rye of two quali- flour, for exportation, distinguished by the names of Super- g ies : fine and Fine; which shall be put in barrels, well made, and jr^f r ' trimmed with at least ten hoops, each containing one Barrels, how hundred and ninety-six pounds, and shall be inspected made ; by an inspector as aforesaid, who shall brand one head of * e ntg. COB the said barrels with his surname, the quality of the flour, to beinspect- whether wheat or rye, fine or superfine, and shall mark ed ; the quantity, and the tare thereof, in figures. and branded. SECT. 7. All corn-meal, manufactured and put up for Corn-meal, exportation, to any foreign market, shall he made of corn, kiln-dried, and properly ground, bolted and cooled, be- fore packed ; and shall be put into barrels, each barrel containing one hundred and ninety-six pounds, or into hogsheads, each hogshead containing at least eight hun- dred pounds ; and may consist of two qualities, to be To be of two denominated No. 1. and No. 2. ; and the same shall be HSdlfoX: inspected as aforesaid. And the inspector inspecting the T O be inspect- same, shall, on one head of each cask, mark the tare ed, and brand- thereof, and the quantity, and brand the same with " K. ed- D. Corn Meal," and his surname, and " No. 1." for the first quality, and " No. 2." for the second quality, and the name of the town, where inspected, at full length, and the word Connecticut, abbreviated. SECT. 8. All cedar and pine shingles, that shall be of- Shingles to be fered for sale in this state, shall be inspected as afore- j^^ and said ; and each bundle of shingles shall be branded across the butt of the same, as follows, to wit, "No. 1." a No. 2." To ]* of four "No. 3." or "R. No. 1. shall be at least eighteen JJ* inches long, halt an inch in thickness at the butt, and four inches wide, straight rifted and breasted. No. 2. shall be NO. 2. at least eighteen inches long, seven sixteenths of an inch in thickness at the butt, four inches wide, straight rifted and breasted. No. 3. shall be at least seventeen inches ?y 3 long, three eighths of an inch in thickness at the butt, four inches wide, and straight rifted. Refuse shall consist Ref,^. of all such shingles as will not pass inspection, for either of the other classes, unless they shall be so bad, as not to be worth half the price of No. 1. in the estimation of the inspector, in which case they shall be branded U O." SECT. 0. It shall be the duty of the owner of shingles p v , ner OI - presented for inspection, or his agent, to place such shin- shingles t 37 290 Title 53. Inspection f>f Provisions. place them so gles as are required to be inspected, in such a situation, that they may ag ^ a ^ fa e bundles may be conveniently examined by be convenient- , j . , t i / ly inspected, the deputy-inspector, or assistants ; and no shingles, of How aeked any f l ual ' t )'' sha11 P ass inspection, unless so packed, as to contain, by admeasurement, one fourth part of a thousand in each round bundle, and either one thousand, one half a thousand, or one quarter of a thousand, in each square bundle. SECT. 10. Any person, who shall offer for sale any bSlfd'noUo snin gles, in this state, or who shall export any shingles buffered for from this state, which are branded " O," or are not brand- sale: ed at all, or branded in any manner not prescribed in this penalty. act, shall forfeit the same, or the value thereof, one half to the person who shall sue for the same, and the other Proviso, as to half to the treasury of the state : Provided, that shingles shingles in- imported from the state of New-York, and which shall branded in"* have been inspected and branded in said state, agreeably New-York. to the laws thereof, shall not be liable to any of the re- quisitions aforesaid. Fraud or neg- SECT. 11. If the inspector-general, his deputy, or any lect of inspect- assistant inspector, appointed by virtue of this act, shall >r, &c. k e g u iity o f anv fraud or neglect in the inspection of any shingles, contrary to the true intent and meaning of this act ; or shall brand or mark any shingles, which he forfeiture. has not inspected ; he shall forfeit and pay one dollar for each bundle so falsely marked or branded, one half to him who shall sue for the same, and the other halfto the treasury of the state. Barrels for SECT. 12. All barrels and half barrels containing beef beef and pork, or pork, of any description, shall be made of good, season- how made. e( j ? wn ite-oak, rock-oak, or white-ash staves and heading, and hooped with twelve hoops, which shall be well secur- ed, with not less than three pins in each bilge ; and each barrel shall contain two hundred pounds weight of beef Capacity. or p Or k . an( j eacn na jf barrel shall contain one hundred pounds weight of beef or pork ; and each barrel shall not be of less gauge than thirty, nor more than thirty-one gallons ; and each half barrel* shall gauge not less than fifteen, nor more than sixteen gallons. How branded. SECT. 13. On one head of every barrel or half barrel, in which beef or pork is packed or repacked for exporta- tion, shall be branded the weight it contains, with the first- letter of the Christian name, and the surname, at length, of the inspector, who shall have inspected the same, with the. name of the town where it shall have been inspected, in legible characters, and the year in fig- ures, when the same shall have been inspected ; also, the addition of the word Connecticut, abbreviated; and Title 5 3. Inspection of Provisions. 29 1 every barrel and half barrel of beef of the three first qualities, shall also be branded with the name of the person for whom the same was packed. SECT. 14. All barrels and half barrels, containing fish Barrels forfish, for exportation, shall be well made, of good seasoned red- how made : oak or white-oak, or chesnut timber, and each trimmed with twelve hoops ; and each barrel shall be of the ca- capacity, pacity of thirty gallons, and each half barrel of the capa- city of fifteen gallons and an half. SECT. 15. All casks for putting up corn-meal for ex- Casksforcorn- portation, shall be barrels, well made of seasoned timber, meal, how and trimmed with at least ten hoops ; or hogsheads, made made : of good white-oak staves and heading, clear of sap, and well seasoned, suitable for holding spirits ; or of other oak timber, well seasoned, with pine heads, and suitable for holding molasses ; and all such hogsheads shall be trimmed with at least sixteen hoops, and shall be of the capacity, capacity of at least one hundred and ten gallons. SECT. 16. Whenever any inspector, surveyor or pack- Owners of er shall be required to cut, pickle, pack or repack any ^[shconve ^ beef, pork or fish, or inspect or pack any flour or corn- i en ces for meal in any store, yard, or place, other than his customary packing, &c. store or yard, the owner or owners of such beef, p"ork, ' n wn t case, fish, flour or corn-meal, shall, without delay, furnish all materials and conveniences necessary to perform the same, excepting the tools, steel-yards, or weights and scales, of such surveyor, inspector, or packer, who shall not be liable to any expense, for the use of the store, yard or place, wherein such beef, pork, fish, flour or corn-meal shall be deposited. And if any inspector or packer, shall, Penalty for in the discharge of his office, use any steel-yards or using weights weights, whiclTshall not have been tried and sealed ac- not proved> cording to law, he shall, for each offence, forfeit and pay ten dollars, to and for the use of the town, to which he shall belong. SECT. 17. No deputy or assistant inspector, appointed Inspector not by virtue of this act, shall inspect or brand any cask of to inspect, &c. beef, pork, fish, flour or corn-meal, or bunch of shingles, \ of his lim ' out of the town or county, for which he shall have been appointed, (except in the case provided for, in the second exception : section of this act,) under the penalty of fifty dollars. p en aiiy. And if any person, other than the inspector-general, his deputy or an assistant, shall stamp or brand any cask of so thar^uTiii- beef, pork, fish, flour or corn-meal, or bunch of shingles, spector shall in the manner directed by this act, every person so of- stam P r fending, shall forfeit the sum of twenty dollars, for each biand ' &c> : and every cask, or bunch of shingles, so unlawfully stamp- P enalt y- ed or branded. 292 Title 53. Inspection of Provisions. Inspector guil- SECT. 18. If the inspector-general, his deputy or a- or fraud S intis sistant ' appointed by virtue of this act. shall be guilty of office, ' anv neglect or fraud, in inspecting any beef, pork, ti?b, flour or corn-meal, contrary to the true intent and meaning subjected to of this act, or shall mark with his brand any cask con- forfeiture, taining beef, pork, fish, flour, or corn-meal, which has not been actually inspected, or put a false brand upon such as has been inspected, he shall forfeit and pay ten dolors, for each and every cask, so falsely or deceitfully marked. slalHakTout SECT. 1 9. Ifany person, after the inspection, packing and shift, or ' branding of any cask, containing any of the articles herein change arti- before enumerated, shall fraudulently take out, shift, or cles inspected, change any part of the contents thereof, or put into any such cask, any of said articles not inspected, with intent to evade the provisions of this act, every person, so of- penalty. fending, shall, for each and every such offence, forfeit and pay the sum of twenty dollars. Inspectors to SECT. 20. It shall be the duty of every inspector, who give certifi- shall inspect and brand any of the articles herein before cates. mentioned, agreeably to this act, to give to the owner or owners of such articles, a certificate that the same have been inspected and branded by him, according to law ; and if any such inspector shall, on demand, refuse to give Penalty for re- such certificate, or shall give a false certificate, he shall faira'certifi- 2 ^ OI ^ eit an< * P av to sucn owne r or owners, the sum of seven ca te. dollars, to be recovered by action of debt. Certificate SECT. 21. Whenever the certificate required by this when lost^how ac t> for the purpose of exportation, cannot be obtained. supplied. owing entirely to the different destination of the articles aforesaid, after they have been inspected and branded, and for which a certificate may have been given, it shall be the duty of the inspector-general, his deputy, or the assistant inspector of such articles, where the same may be deposited, to make diligent examination and enquiry, respecting the same, and, if satisfied that the same have been duly inspected and branded, to give his certificate thereof; which certificate may be as available, for all the purposes required by this act, as if given by the officer who actually inspected the same. The certifi- SECT. 22. A certificate or certificates, as is required by catet vl cc *hi s act > sna ^ accompany all and each of the articles here- in before mentioned, which shall be exported, or trans- ported from this state, to any other of the United States ; and in case the owner or owners, of any of the articles No articles to a f resa id. shall transport the same, from this state into be transported any other of the United States, which shall not have been without the marked and branded, and for which a certificate or certi- lte; ficates. shall not have been given as is herein provided, such owner or owners, shall, for each cask, so transport Title 53. Inspection of Provisions. 293 ed, forfeit and pay two dollars, one half to the person penalty, who shall sue for and recover the same, and the other half to the town, to which such owner or owners shall be- long. And in case any cask or casks, containing any of Owners of the articles aforesaid, shall be laden on board any vessel, ^J^td ?"!- for which a clearance shall be required by law, to be ex- se j f or eX por- ported, or transported, coastwise, it shall be the duty of tation ortrans- the owner, or master of such vessel, to produce to the Prtation, collector, or other officer, authorized by law to give such podu 8 ?o the clearance, a certificate or certificates, as aforesaid, speci- collector a cer- fying the number of casks, the dimensions, or names and tificate, &c. contents of the same, together with a copy or copies thereof; and shall lodge such copy or copies, with such collector or other officer, and retain such original certi- ficate or certificates, in his possession, and shall take and subscribe, before such collector, or other officer, the fol- lowing oath : *' I, A. B. of the do swear, that accord- O n oath. ing to the best of my knowledge and belief, the certifi- cate, a true copy whereof is hereunto annexed, contains the whole quantity of , on board the , master; and that no beef, pork, fish, flour, or corn-meal, is ship- ped on board of said vessel, for the ship's company, or freight, or as cargo, but what is inspected and branded according to law : So help me Gorf." SECT. 23. If any person or persons, shall export or trans- ^- persoa to port, or ship for exportation or transportation, out of this export or state, any of the articles aforesaid, not put up in the man- transport ar- ner aforesaid, and inspected and branded, as by this act is * provided, every such exporter, transporter, or shipper, and the master of every vessel, having on board such un- inspected articles, shall, on conviction, respectively, for- feit and pay the sums following : the owner, transporter, penalty on or exporter, shall forfeit and pay the sum of six dollars ; owner ' &c - and the master of every vessel, having the same on board, on master, fcc. the sum of two dollars ; for every cask, or other vessel, containing any of the articles aforesaid, exported, trans- ported, or shipped for exportation or transportation. But Proviso, as to nothing in this act, shall prevent the exportation of rounds roundsof beef - of beef, in kegs or tubs, as is now practised, provided the name of the owner or exporter, and of the town where he resides, shall be branded on one head of each keg, or tub, under the penalty of one dollar for each keg or tub not so branded. And any beef, or pork, brought from the Articles in- states of New- York, or Massachusetts, and any fish, corn- ^^n oSier meal, flour or shingles, brought from those, or any other states, alsoex- of the United States, that shall have been inspected and cepted, if c- branded in the state, from whence they came, conforma- a^ bly to the laws thereof, may be exported from this state & c . without reinspection ; provided such articles shall be ac- '294 Title 53. Inspection of Provisions. companied by a certificate, from the inspector, by whom the same was so inspected and branded, specifying the marks, numbers and quality of the same. No inspector SECT. 24. No deputy, or assistant inspector shall brand, to brand shad in the manner directed by this act, any barrel, cask, or imported ; other vessel, containing shad, imported into this state, from any other state or place ; and each deputy, or as- sistant inspector, offending against this section, shall for- feit, to the treasury of this state, five dollars, for each pendty. barrel, or other vessel as aforesaid, by him so unlawfully branded. Penelties, how SECT. 25. All penalties and forfeitures, arising by vir- recorered and tue of this act. may be recovered by action of debt, or OH appropriated. thig statutej before any court, proper to hear and deter- mine the same ; and, (when not herein otherwise appro- priated,) one half thereof shall accrue to the informer, who shall sue for the same to effect, and the other half to the town to which the offender shall belong ; and it is hereby made the duty of all informing officers, to prose- cute every breach of this act. Feesofinspec- SECT. 26. Each assistant-inspector, for performing the services required by this act, shall bejentitled to receive from the owner of the articles inspected, &c. the follow- ing fees, to wit : For cutting, weighing, packing, salting, pickling, heading, and branding each barrel of beef, or pork, twenty cents, and for each half barrel, twelve and half cents ; and for performing the same, exclusive of cutting, he may receive, for each barrel, twelve and half cents, and for each half barrel, seven cents. For pack- ing, heading, flagging, pickling and branding each barrel offish, seventeen cents, and for each half barrel, twelve and half cents. For inspecting and branding each barrel of flour, three cents. For inspecting and branding each hogshead of corn-meal, six cents, and for each barrel of corn-meal, three cents. For inspecting and branding every thousand of shingles, seven cents. For each cer- tificate? ten cents. And each deputy-inspector shall be entitled to receive from each of the assistants, by him ap- pointed, twenty per cent of all the fees received by such assistant, twenty-five per cent whereof, shall be paid, by the deputy-inspector, to the inspector-general. Ciril authori- SECT. 27. Be it further enacted, That the civil author- ty,&c. to ap- Jty and select-men of each and every town, where but- pomt inspec- j er or j ar( j or tobacco, or pot or pearl ashes, or staves, tura. oc. oi , . , , x . , -, certain arti- or heading, or boards, or onions, are produced, prepar- cle. ed, or put up for exportation, are authorized and direct- ed to appoint some suitable person or persons, to be in- spectors, surveyors, and packers, for the purpose of in- specting, surveying, packing, branding, or giving a cerfei- Title 53. Inspection of Provisions. 295 ficate of said articles, who shall be sworn to a faithful Inpectors,&c. discharge of their duty, in the same manner, mutatis mu- tandis, as is by law prescribed for surveyors of highways, leather-sealers, &c. ; and every such inspector, surveyor, or packer, shall brand on one head of every barrel, cask To inspect and or keg, by him inspected and packed, the initial letter of brand butter his Christian name, and his surname at full length, and the bacco^pot" name of the town, where the same shall be inspected ; ^j pe arl ash- and also the kind, quality, and weight of all butter, lard, ea. tobacco, pot and pearl ashes ; and also mark the tare thereon. SECT. 28. All casks for containing butter or lard for Casks for but- exportation, shall be well made, of good white-oak tim- ter and lard, ber, and be full trimmed ; and shall not contain more than capacit^ ' forty-five pounds weight. stxT. 29. Each inspector, surveyor, or packer, shall Tobacco, how carefully survey and search the tobacco' by him to be put up, and in- packed, and shall cull out, and separate all such hands of 8 P ected - tobacco, as shall be in any way damaged, and shall not pack, or press any tobacco, but such as shall be sound, well ripened, sufficiently cured, and every way good and merchantable. SECT. 30. All casks for pot or pearl ashes, shall be of Casks for pot the following dimensions, to wit : twenty-nine inches in and pearl ash- length, ami nineteen inches in diameter, at each head ; es ' d h t ? w - * de > to be made of white-oak staves and heading, sound and n^ensions. * tight, and trimmed with at least eighteen hoops : and the tare of each cask shall be at least fourteen per cent, on the weight of such cask, and the contents thereof. SECT. 31. Staves and heading for exportation, shall be g tave8 ^ of the following dimensions, to wit: all white-oak pipe heading, what staves, four feet eight inches long, and Ihree inches and merchantable, an half in width ; white-oak hogshead staves, three and an half feet long, and three and an half inches in width ; white-oak barrel staves, two feet and an half long, and three and an half inches wide ; white-oak hogshead head- ing, two and an half feet long, and at least live inches in width ; and ail free from sap ; all black or red-oak hogs- head staves, shall be three and an halt feet long, and three and an half inches wide ; all long sugar hogshead staves, shall be four feet and seven inches long, and three and an half inches wide ; and all staves and heading, shall not be less than five eighths of an inch thick, at the thin- nest edge. SECT. 32. No pine boards shall be deemed merchanta- what pine ble, unless the same are one inch thick, and square boards mer- ged, chantable. SECT. 33. No onions shall be offered for sale, that are onns how not good and merchantable, well cured and dry ; nor shall prepared for "296 Title 53. Inspection of Provisions. market, and inspected. Inspector, &c. to give a cer- tificate : penalty. Inspector &c. falsely brand- ing subject to a penalty. No person to export, or transport, ar- ticles, without inspection ; or receive them on board for exporta- tion, &c. penalty. No person to alter or deface any brand ; or shift or change the articles in- spected , or falsely brand them ; or certify ; on penalty. any bunches of them be sold, or offered for sale, or put into any land or water carriage to be transported to market, that are not fully cured, well and firmly bunched, and of the weight of three pounds and an half, and in- spected. SECT. 34. Everysuchinspector,surveyor,orpacker,shall give to any person, who shall procure him to inspect or pack any of the articles enumerated in the twenty- seventh section of this act, a certificate that the same have been inspected, packed or branded, conformably to this act ; and if such surveyor, inspector or packer, shall refuse to give such certificate, or shall give a false certifi- cate, he shall forfeit and pay to such person five dollars. SECT. 35. If any such inspector, surveyor or packer, shall brand any of the said enumerated articles, which have not been inspected by him, or shall falsely or de- ceitfully brand the same, in the manner herein provided, every such inspector, surveyor, or packer, so branding, or falsely or deceitfully branding, shall, for every barrel, cask or keg, and for each thousand of staves or heading, or boards, so branded, or falsely branded, by him, forfeit and pay seven dollars, one half to him who shall sue for the same to effect, and the other half to the town where the offence shall be committed. SECT. 36. No person shall export, or transport from this state, any of the articles enumerated in the twenty- seventh section of this act, whfich shall be the produce thereof, or therein prepared, and put up for market, before the same shall be inspected, in manner aforesaid ; and if any person shall export or transport any of said articles, or, knowingly, be aiding or assisting therein, or receive them, or any of them, on board of any vessel, for expor- tation, or transportation, before the same shall have been inspected, and a certificate obtained, he shall forfeit and pay one half the value of all and each of said articles, exported or transported, or shipped for exportation or transportation, as aforesaid, one half to him who shall sue for the same to effect, and the other half to the treasury of the state. SECT. 37. If any person, not an inspector, surveyor or packer, after the inspection, packing and branding, or certificating, any of the said articles, shall alter or deface any brand, or certificate ; or shall shift or change any, or any part, of the articles, so branded or certificated, and substitute others not inspected ; or shall falsely brand, any of said articles, with the name of any inspector, sur- veyor or packer ; or certify, that the same have been in- spected, agreeably to this act, or procure the same to be branded, or certified, as aforesaid ; he shall forfeit and pay Title 54. Intemperance. 297 the sum often dollars, for each barrel, cask, or keg, so falsely branded, or altered, or defaced, or of which the contents, or any part thereof, have been shifted or chan- ged ; and for every thousand of staves, or heading, or boards, or bunches of onions, thus falsely branded, or certificated as aforesaid ; one half to him who shah sue for the same to effect, and the other half to the treasury of the state. SEt T. 38. It shall be the duty of every master of a ves- Master of *el, destined to a foreign port, to specify in the manifest VS88 "- of his cargo, to be produced to the collector, at the time h of clearing, the respective brauds or certiticates, affixed on oath, or appertaining to each of said articles, he may have on board ; to the truth of which, he shall solemnly swear or affirm, to the best of his knowledge and belief. SECT. 39. All inspectors, surveyors and packers, shall Fees of inspec- be entitled to receive, for their services, from the owner tors, or owners of the articles, about which their services shall be performed, the following fees, or reward, to wit : For inspecting, branding and heading each barrel, or cask of pot or pearl ashes, seventeen cents ; for inspecting and branding each keg of butter, or lard, three cents ; every packer, for searching, packing and pressing every hun- dred weight of tobacco, nine cents, and five cents per mile, for travel to perform the same ; every inspector, for inspecting and branding each cask, keg, or barrel of tobacco, twelve and half cents; for inspecting every thou- sand of staves, or heading, twenty-five cents ; and for each thousand of boards, thirteen cents ; for every thou- sand bunches of onions, six cents ; for each certificate, six cents. TITLE 54. Intemperance. An Act to prevent Intemperance. j 3E it enacted by the Senate and House of Rep- MJ restntative.s, in General Assembly convened, That when, and so often as the civil authority, or any Ci j] th - t two of them, and the majority of the select-men in any andsdrct-men town, shall understand, that any person within such town, may admonish by reason of an intemperate use ofspiritous liquors, is in "'^''"p^rate danger of being reduced to want, misspends his time, or ** does not provide for his family, the said authority and se- lect-men, shall, (by summons or warrant, issued and sign- ed by a justice of the peace,) cause such person to come before them, arid him admonish to refrain from such in- temperance ; and if such person shall not be thereby re- 38 298 Title 55. Jurymm. formed, the said authority and select-men shall, at their May post such discretion, cause the name of such person to be posted on persons as do fa e several sign-posts in such town, by a certificate under form ' their hands, thereby forbidding all persons to sell any spiritous liquors to such intemperate person ; and if, af- ter such notification, any person or persons within such town, (or an) person or persons within any other town in this state, who shall have received information of the same) shall sell to, or procure for, any person posted as aforesaid, any spiritous liquors, -or be aiding or assisting therein, the person or persons selling or procuring as aforesaid, or aiding or assisting as aforesaid, shall, for ev- Penalty of ten ery such offence. forfeit and pay the sum often dollars, to dollars on per- t ^ e treasury of the town to which such posted person shall sons who pro- , , f ,, *,,. belong, unless the person or persons selling or procuring, unless, &c. or aiding or assisting as aforesaid, shall have permission therefor, in writing, subscribed by one of said authority J "^ e to f or select-men, therein specifying the quantity permitted and .letermine^ to ^ e so '^ '> anc ^ an J one justice of the peace may hear without ap- ' and determine all breaches of this act; and no appeal P eal - si. all be allowed in any such case. Action not SECT. 2. No suit shall be had or maintained against maintainable an y person posted as aforesaid, for any spiritous liquors, t^posted per- so '^ contrary to this act ; and all contracts and securities sons. therefor, entered into by such posted person, with any person or persons within this state, notified as aforesaid, shall be utterly void. TITLE 55. Jurymen. An Act prescribing the number of Jurymen for each town in this State. BE it enacted by the Senate and House of Rep - M.9 rtsentatives. in General Assembly convened, Number of ju- That the several towns in this state, shall be entitled to ryiueu desig- se !ect, in the manner prescribed in the "Act for the r -gulation of civil actions," and for the purposes there- in mentioned, the number of jurymen to each town |iere annexed, to wit : Hartford, fifteen ; Berlin, twelve ; Bristol, six ; Burlington, six ; Canton, six ; East-Hartford, fourteen; East- Windsor, fourteen; Enfield, eleven; Farm- ington, fourteen ; Glastenbury. fourteen ; Granby, twelve; Hartland, eight ; Marlborough, five ; Simsbury, ten ; Southington, ten ; Suflield, twelve :, Wethersfield, twenty : Windsor, fourteen. New-Haven SECT. 2. New-Haven, twenty ; Branford, twenty ; county. Cheshire, twenty ; Derby, twelve ; East-Haven, eight ; Guilford, twenty ; Hamden, eight ; Meriden, eight ; Mid- Title 56. Lawrfy. 299 dlebury, eight ; Milford, twenty ; North-Haven, eight ; Oxford, eight ; Southbury, twelve ; Wallingford, twen- ty ; Waterbury, twelve ; Wolcott, eight ; Woodbridge, twelve. SECT. 3. New-London, fifteen ; Norwich, fifteen ; Boz- New-London^ rah, six ; Colchester, fifteen ; Franklin, eight ; Griswold, county. eight ; Groton, sixteen ; Lisbon, eight ; Lyme, twenty ; Montville, eight; North-Stonington, ten ; Preston, ten; Stonington, twelve ; Salem, five ; Waterford, six. SECT. 4. Fairfieid, thirteen ; Danbury, twelve ; Bridge- Fairfield port, nine ; Brookfield, six ; Darien, five; Greenwich, count y' ten ; Huntington, nine ; New-Canaan, eight ; New-Fair- field, eight ; Newtown, twelve ; Norwalk, twelve ; Red- ding, ten ; Ridgefield, ten ; Sherman, five ; Stamford, ten ; Stratford, nine ; Trumbull, fire ; Weston, eight ; Wilton, six. SECT. 5. Brooklyn, eight ; Ashford, 'twelve ; Canter- Windham bury, twelve; Columbia, five ; Hampton, eight ; Killing- county. ly, eight ; Lebanon, twelve ; Mansfield, twelve ; Plain- field, twelve ; Pomfret. ten ; Sterling, seven ; Thompson, seven ; Voluntown, seven ; Windham, twelve ; Wood- stock, eight. SECT. 6. Litchfield, fourteen ; Barkhampsted, seven ; Litchfield Bethlehem, seven ; Canaan, ten ; Colebrook, seven ; Corn- county- wall, ten ; Goshen, ten ; Harwintori, eight ; Kent, six ; New-Hartford, eight ; New-Mi Iford, twelve ; Norfolk, eight ; Plymouth, seven ; Roxbury, seven ; Salisbury, ten ; Sharon, ten ; Torrington, eight ; Warren, seven ; Washington, eight ; Watertown, seven ; Winchester, seven ; Woodbury, ten. SECT. 7. Middletown, twenty-eight ; Haddam, seven- Middlesex teen ; Chatham, seventeen ; Durham, twelve ; East-Had- county. dam, twenty; Killingworth, seventeen ; Say brook, twenty. SECT. 8. Tolland, fourteen ; Bolton, eight; Coventry, Tolland twelve ; Ellington, ten ; Hebron, twelve ; Somers, twelve ; Stafford, twelve ; Union, eight ; Vernon, eight ; Willington, twelve. TITLE 56. Lands. CHAP. I. An Act concerning Lands. Whereas, by the establishment of the independence of the United States, the citizens of this state became vested with an allodial title to their lands : SECT. 1. "R E *"' there f re declared, by the Senate and Allodial prop . JLJ House of Representatives, in General As- erty in lands. 300 Title 56. Lands. sembly convened. That every proprietor, in fee-simple, of lands, lias an absolute and direct dominion and property in the same.(l) (1) On the discovery of America, a prin- ciple was adopted among the nations of Europe, that the territory belonged to the sovereign of the nation to whom the dis- coverer belonged. As North- America was discovered by a subject of the king of Eng- land, that crown claimed a right to the country. James II. made a grant to the Plymouth Company, of that part which comprehended New-England. Connecticut was settlpd under a right derived from that company, and the title was comnrmed, by the charter of Charles II. in 1662. The government made grants to towns, and in- dividuals ; and charters were given to the respective towns, under which the lands have been holden. Our ancestors, however, never claimed an absolute right, in virtue of the royal grant, but merely a right of pre-emption, and never considered the title to be complete, till they had acquired the native right of the aborigines. This they effected by purchase, to nearly the whole of Connecticut ; and they never claimed a right by conquest, except to a small por- tion taken from the Pequot nation. The tenure, by the charter, was declared to be free and common socage ; and the only condition was, the payment of one fifth part of the ore of gold and silver, that should be obtained. Fn 1672, an act was pas- sed, declaring that the lands, granted by the general assembly, to towns or particular persons, should be holden according to the most free tenure of East-Greenwich, in the county of Kent, in the realm of England, according to the charter. This tenure con- tinued during our connexion with the British empire ; but on our becoming inde- pendent of that government, the tenure ceased to be feudal, and the title became strictly allodial, as it in effect ever had been ; and it was accordingly so declared, by statute, in 1793. In connexion with this subject, it may be proper to subjoin the following remarks, prepared for the title Estates, and omitted in that place, by accident. The first settlers of this country did not adopt the rules of the common law with re- spect to the descent of real estate, the most distinguished characteristic of which was primogeniture. In the revision of 167-2, there is a statute, ordering, that where any person dieth intestate, the select-men shall cause an inventory to be taken, and exhib- ited into the next county court in that county ; winch court shall grant the ad- ministration of the goods and chattels to the next of kin, jointly or severally ; and divide the estate to the wife, if any be, and children or kindred, according to law ; and for want of law, according to the rules of righteousness and equity. In the revision of 1702, there was a statute, which enacted, that where a person died intestate, one third of bis personal estate should go to his wife forever, and one third of his lands for life ; and the residue be divided among his children, and their legal representatives, in equal shares, ex- cepting that the eldest SOD should be enti- tled to a double portion ; and where there were no children, one half of the personal estate should go to the wife forever, and one third of the lands for life ; and the residue to be equally divided among the next of kin, in equal degree, and their legal representa- tives ; but no representatives to be admit- ted among collaterals after brothers' and sisters' children. This provision was copi- ed from the 22 and 23 Charles II. called the statute of distributions, excepting that part which gave to the eldest son a double portion, which was copied from the law of Moses. In 1727, a distinction was made be- tween ancestral and purchased estate ; and a provision was made, that the whole blood should be preferred to the half blood, in equal degree ; but that the half blood in a nearer degree, should be preferred. This act was omitted in the revision of 1750, and no distinction was then made between ancestral and purchased estate, and noth- ing was said respecting whole or half blood. But in the revision of 1784, a distinction i? made between estates by purchase, and estates derived by descent, gift, or devise from some kindred ; the object of which was, to give ancestral estate to the ne$t of kin, of the blood of the ancestor from whom the estate came ; and estates by purchase, were to go to the next of kin of the intes- tate, preferring the half blood to relations of a remoter degree,-and parents, on failure of brothers and sisters, or their' representa- tives, of ihe whole blood, to remoter rela- tions. In 1792, the law giving the eldest son a double portion was repealed ; and in 1806, an act was passed, directing more particularly, and in a manner somewhat different, the mode of descent of ancestral estate : and the rules of descent became ae they now are, except that the clause de- claring there should be no representative? Title 56. Lands. 301 SECT. 2. Be it enacted, That the patents of grants of Patents of land to the several towns, and to individuals, from the g a e "^5 a ein _ general assembly of the colony of Connecticut, pursuant blyof the col- to the charter of Charles II. shall be sufficient evidence onyofCon- for such towns and individuals to hold the same, to them, " their heirs, successors and assigns, forever. SECT. 3. All lands, tenements, or other estates, that L an< j s gj ven have been, or shall be, given or granted, by the general for public use. assembly, or any town, or particular person, for the main- to remain to tenance of the ministry of the gospel, or schools of learn- 8U ing, or for the relief of the poor, or for any other public and charitable use, shall forever remain and be continu- ed to the uses to which they have been or shall be giv- en or granted, according to the true intent and meaning of the grantor, and to no other use whatever. SECT. 4. No estate in fee-simple, fee-tail, or any less Limitation of estate, shall be given, by deed or will,, to any person or Jjjjf 81 to g^ persons, but such as are in being, or to the immediate is- iUe S . peri>e " sue or descendants of such as are in being, at the time of making such deed or will ; and every estate, given in fee- tail, shall be and remain an absolute estate, in fee-simple, to the issue of the first donee in tail. (2) SECT. 5. And all grants or devises of an estate in lands, The rule in to any person for life, and then to his heirs, shall be only an estate for life in the grantee or devisee.(3) All col- lateral warranties of lands, made by any ancestor, who warranties had no estate of inheritance in the same, at the time of ofland > in making such warranty, shall be void, as against his ^J ca heirs. (4) No alien, or person who is not a citizen or in- Incapacity of habitant of this, or any of the United States, shall be ca- aliens to held pable of purchasing or holding any lands within the state, 8 ' without special licence from the general assembly. SECT. 6. All grants, bargains, and mortgages of lands, shall be in writing, subscribed by the grantor, with his among collaterals after brothers' and sis- (3) By the celebrated rule in Shelley's ters childn-n, is changed to a provision, case, a grant or devise of lands to a man for thut there shall be no representatives after life, and then to his heirs, or the heirs of hit the representatives of brothers and sisters; body, created an estate in fee-simple, or by which the grand-children of brothers fee-tail. As this rule, in almost every in- and sisters are placed on the same footing stance, defeats the intent of the grantor or as children, and will inherit, in preference devisor, this provision has been made to ab- to (he uncles of the intestate. Our law has rogate it. made three material alterations in the com- (4) By the common law, a collateral mori law of descent. It has abolished the warranty of lands, without assets, was right of primogeniture ; it permits pur- binding on the heir : as, if tenant by the chased estates to ascend to parents ; and curtesy should alien the land, with war- gives to the half blood a preference to re- ranty, and die leaving no estate, the chil- lations in a remoter degree. dren of the wife, to whom the land belong- (2) This was introduced at the revision ed, would be defeated of the estate of their of 1784, and is conformable to principles mother. A rule so unjust has been abro- which had been previously established by gated by statute, in England; and is now the courts. abrogated, in this state. 302 Title 56. Lands. Requisites to own hand or mark, unto which mark his name shall be validity of a annexed, and also attested by two witnesses, with their own hands or marks, unto which marks their names shall be annexed : or the name of the grantor shall be subscribed to such grant, by his lawful attorney, authorized by a written power, for that special purpose, duly executed and ac- knowledged, in such manner as is herein prescribed in case of deeds ; and such subscribing of the name of the grantor, shall be attested by two witnesses. Deeds to be SECT. 7. All grants, and deeds of bargain and sale, and edfbefore dg ~ mortgages, of houses and lands, shall be acknowledged, whom. by the grantor or grantors, to be his or their free act and deed, before a justice of the peace, or before a judge . of the supreme or district court of the United States, or of the supreme or superior court, or of the court of common pleas, or county court, of any individual state ; or before a commissioner, or other officer, having power to take ac- knowledgments of deeds : and all grants or deeds of real Arknowled e tate, which have been, or shall be. acknowledged before mentor deeds sucn judges, shall be good and valid in law; and when executed by deeds are executed by an attorney, duly authorized, his attorney. acknowledgment shall be sufficient. Caution, when SECT. 8. And if any grantor, being required by the and how to be g ran fee, his heirs or assigns, to make acknowledgment of any grant, or deed of bargain and sale, or mortgage, by him executed, shall refuse to acknowledge the same, then such grantee, his heirs and assigns, may enter caution upon such houses or lands as are to him granted, sold, bargained or mortgaged, with the town-clerk or register, where such houses and lands are situated, by leaving with him a copy of the deed or deeds of the same, with a claim of title in virtue thereof, which caution shall se- cure th interest of the grantee till a legal trial has been had ; andrthe judgment of the court being delivered to the register, under the hand of the clerk of the county, where the same was tried, shall be his warrant to record such deed, though the grantor shall refuse to acknowledge the same, and such deed shall have the same effect as if acknowledged. And no grant or deed of land shall be valid, unless written, subscribed, witnessed and acknowl- edged as aforesaid. Deeds to be SECT. 9. All grants, and deeds of bargain and sale, recorded. ant ] mortgages, of houses and lands, shall be recorded at length, bv the register or town-clerk, where such lands and houses lie ; and no deed shall be accounted good and effectual to hold such houses and lands, against any other person or persons but the grantor or grantors, and their heirs only, unless recorded as aforesaid. And the regis- ter or town-clerk, shall, on the receipt of any grant or Title 56. Lands. 303 deed of houses and lands, brought to him to record, note Noting of deed thereon the day, month and year, when he received the orrecord - same, and the record shall bear the same date. And when the register or town-clerk of any town, shall have received a grant or deed of lands to be recorded, he shall not deliver up the same to the parties, or either of them, till it has been recorded. And where deeds are executed by a power of attorney, such power of attorney shall be torney. recorded with the deed. SECT. 10. No lease of any houses or lands for life, or Leases to bein any term of years, exceeding one year, shall be accounted wntin : good and effectual in law, to hold such houses and lands, against any other person or persons whatsoever, but the lessor or lessors, and their heirs only, unless such lease be in writing, and subscribed by the lessor, and attested subscribed; by two subscribing witnesses, and acknowledged before a ^j nesse ] d ( j ; a justice of the peace, and recorded ait length in the re- e d ; and re? cords of the town where such estate lies. corded. SECT. 11. All grants, deeds or conveyances of lands Deeds of land from Indians, without the consent and approbation of the fr on Indians, general assembly, shall be utterly void; and if any person vold> shall purchase lands of the Indians, without licence from the general assembly, or having so purchased, shalJ, - without their confirmation, make any sale or settlement dians, prohib- on the same, he shall incur a penalty of one hundred and ited - sixty-seven dollars to the treasurer of the state. SECT. 12. All deeds of bargain and sale, leases or Deeds of land other alienations, in fee, for life, or years, or any term by persons whatever, of lands or tenements, of which the grantor, ouste d of pos- lessor, vendor, or person executing such instrument, is 8ession ' void - ousted, by the entry and possession of some other person, unless made to the person in actual possession, shall be void : and every person, who shall attempt, by an in-tru- ment in writing, under his hand, to alien any lands or f enal ty fo * at " f i i i i j i tempting to tenements, of which he is ousted, and every person who ma ke or re- shall receive such conveyance, not being in the actual ceiving, such possession of the lands or tenements attempted to be conve y ance - conveyed, shall forfeit one half of the value thereof; one half of which forfeiture shall be to the informer, who shall sue for and prosecute the same to effect, and the other half to the treasurer of the state. SECT. 13. All persons who hold any lands or tene- Partition of ments, as joint tenants, tenants in common, or coparcen- lands. ers, may be compelled, by writ of partition, to divide the game, when they cannot agree to make partition among themselves : provided, that when the judgment shall be that the defendant or defendants apart, it shall be in the Power of court power of the court to give or refuse costs to the plaintiff as toc 8ti - or plaintiffs, and to give costs to the defendant or defend- 304 Title 56. Lands. ants, as shall appear to be just and reasonable. And Committee to when tliere is a J ud g ment that the defendant or defend- make parti- ant s do apart, the court shall have power to appoint a tion. committee to make partition. Deeds of mar- SECT. 14. All deeds, or other conveyances, of the real es- ried women, tate of married women, executed by them jointly with their how executed, husbands, under their hands and seals, and by them ac- knowledged, as is required by law, and duly recorded, shall be valid and effectual to transfer such real estate : and all deeds and conveyances, by the husband alone, of the real estate of the wife, without her consent, expres- sed by joining him in the deed, shall be void, so far as it Proviso as to respects the wife : Provided, that all deeds and convey - deeds prior to an ces, by the husband alone, of the real estate of the wife, without her consent, prior to the year one thousand seven hundred and twenty-three, shall be good and valid. Power of the SECT. 15. When any testator directs, by his last will actin^elecu anc ^ t es t amen t, lands to be sold, by his executors, for the toVo^twcTor" payment of debts, legacies, or other uses, and appoints more execu- several executors, part of whom refuse executorship, or tors, to sell and djg before such lands are sold and conveyed; in such case, the acting or surviving executor or executors, shall have power to sell arid convey, iu as ample a manner as if all the executors had joined in the sale and conveyance of such lands, according to the true intent of the testator, expressed in his will, allowed and approved by the court Provito. o f p rODa te : provided any sale or conveyance made otherwise shall be void. CHAP. II. An Act enabling the proprietors of common and undivided Lands, to manage and dispose of the same. 1TJ E it enacted by the Senate and House of Rep- JLB revenlatives, in Gent ral Asstmbly convened. and divisions That all grants, divisions and dispositions of common of common lands, made according to ancient custom in town-meet- lands, validat- j n gs, an( j a || divisions of common and undivided lands, made by the proprietors of towns, shall be good and ef- fectual in law ; and whatever part or interest such pro- prietors have in any common and undivided land in any towns, not disposed of, shall be allowed and taken to be commanajul >f their proper estate. And such proprietors of common and undivided undivided lands in any towns, and such as legally repre- lands may hold sen t them, are allowed and authorised to have theii p e ^inf ' a and meetin g s in sucn respective towns : to choose their clerk. clerk. Title 56. Lands. 305 to enter and record their doings, who shall take the fol- lowing oath, before a justice of the peace, to wit : "Whereas you N. C. are chosen clerk of this propriety, Formof clerk's you swear, that you will truly and faithfully execute the oath- office of clerk, according to your best skill, and make entry of all such votes as shall be made according to law, and deliver true copies of the same, when they shall be required, taking only your lawful fees : So help you Gotes and proceedings, attested hy him, shall be admitted as lawful evidence. SECT. 2. And the proprietors, in such meetings, shall Power of pro- have power, after the ancient manner and custom in towns, by their major vote in such meetings, to be com- puted according to their interest in such lands, to regu- late, manage, use and divide such common land, in such manner and proportion as they shall think proper : Pro- p roviso as to vided, that this act shall not be taken to intend, that powej- town corn- is given to any proprietors to divide and set out lands mons. sequestered for town commons. Provided also, that Proviso, vali- where the proprietors have, by any vote upon record, in dating former their towns, obliged themselves to act for the future in any votf " other method, in dividing the undivided lands in such townships, such vote, being the act of the proprietors, shall be and remain valid and binding against them, and their heirs ; and the undivided lands referred to in said vote, shall be divided and held according to such vote. SECT. 3. The proprietors of common and undivided Power to lay lands, in any town, are fully empowered, at a legal meet- taxes. ing, by their major vote, to make a rate, as occasion may require, to defray the necessary expenses, incurred by said propriety, and to appoint collectors, to collect the To appoint same, who are vested with the same powers as the col- collec t rs - lectors of town taxes, and shall make payment of the money by them collected, to the proprietors appointing them, or to their order, on the same penalties, and under the same regulations, as collectors of town taxes. SECT. 4. The said proprietors are empowered, at their To oxc | iano . e lawful meetings, to make exchange of any of the common lands for high- land, for needful and convenient highways in said town, wa P- with any of the proprietors, inhabitants or owners of such land, as shall be judged most convenient and needful, by the proprietors aforesaid : which exchanges shall be en- tered in the proprietors' book of records, and shall be held to be good and valid, to the use of the person or persons receiving the same, and to his and their heirs and Former ex- assigns forever : and all exchanges heretofore made for Changes vali* the use aforesaid, shall be held to be good and valid. dated. SECT. 5. When any five or more of the proprietors of Meeting, hrm such common and undivided land shall judge a proprio- <>ail( " r 306 Title 56. Lands. tors' meeting to be necessary, they may apply to a jus- tice of the peace, within the county where the lands lie, for a warrant to call a meeting of the proprietors, expres- sing the time, place, occasion, and business of such meet- ing ; and such justice of the peace is empowered to grant a warrant for such meeting, which shall be published, by inserting it in some public newspaper, in or nearest the town in which such lands are situated, four weeks succes- sively, and also, by posting it on the public sign-post in such town, at least twenty days before the day appointed for such meeting ; which shall be a sufficient warning Proviso. and notice for said meeting : Provided, that where said proprietors have agreed upon a different mode of warn- ing their meetings, such mode, or that prescribed by this act, shall be sufficient. Howencroach- SECT. 6. If any person has, within fifteen years, taken, merits shall be or gna i| take, into his inclosure, any part of common and prevented. ^ undivided land, a committee appointed by the proprietors of such land encroached upon, which committee the pro- prietors of common and undivided lands are empowered to appoint, or any three of such proprietors, are directed to give notice to the person or persons offending, to re- move the same, within such time as the committee or proprietors shall appoint, not exceeding one month after such notice , and on their neglect, it shall be lawful for such committee or proprietors to remove the same, and the person or persons making such encroachment, shall be liable to pay the expense of throwing down and re- moving such encroachment, to be recovered by a proper action, in the name of the committee or proprietors, who remove the encroachment. And if the person or per- sons so offending, shall take in the same, or a greater or less quantity of land, where his fence has been removed as aforesaid, he shall incur a penalty of seven dollars, for every such offence, to be recovered in a proper action, by the committee or proprietors who gave the warning, one half to the proprietors, and the other half to the treasury of the county. Power of pro- SECT. 7. The proprietors of common and undivided prietors to lands in towns, in legal meeting, may, by a major vote, tlTttetown t rans f er such lands to the town in which they are situated. and may appoint a committee, or any persons, to execute proper conveyances, which shall be valid : and when such votes have been passed, and committees appointed to execute conveyances, such committees, or a major part of them, may execute conveyances, which shall be valid. Proprietors' SECT. 8. The records of proceedings, kept by the pro- records may prietors of common and undivided lands, may, by their Title 53. Lands. 307 order, be deposited with the town-clerk in the town where be deposited the lands He, and where they lie in several towns, with ^ town ' the clerk of the most ancient town: and when such porprietors have ceased to hold meetings, any person having the records in his possession, may deposit them with the town-clerk as aforesaid ; and in such cases, the .. town-clerk shall keep the same, and shall give true copies thereof, when re quired, which shall be legal evidence. CHAP. III. An Act prescribing a summary process, to enable the owners of Lands, Houses, or other Build- ings,to recover Poss ession. TJ E it enacted by the Senate,and House ofRep- JLB rcsentatives, in General Assembly convened, That whenever the owner or lessor of any land, dwelling- Lessor to give house, or other building, held under a lease, in writing or by ^^ e ^Lit parol. shall desire to obtain possession of the same, at the ex- piration of the lease, oratanysubsequenttime,heshallgive notice to the lessee to quit possession of said land, house, or building, or any apartment of the same, at least thirty days before the expiration of the lease, or before the time when said lessee shall be required to quit possession ; which notice shall be in writing, in the form following, to wit : " I hereby give you notice, that you are to quit Form ol no- possession of the land, house [apartment, store, &c. as tice - the case may be] now occupied by you, on or before the [here insert the day, place, date, and name]" Of which notice duplicate copies shall be made, one of which shall Duplicates to be delivered to the lessee, or left at his place of residence, be made - in the presence of at least one credible witness. And if, at the expiration of the thirty days, the lessee shall neg- lect or refuse to quit his possession of the premises, any issueT'sum- justice of the peace in the town in which the said leased mons to lessee. premises shall be situated, shall have power, on complaint of the lessor or owner, to issue a summons to the lessee, which shall be served at least six days before the time of trial, to appear before him to answer to such complaint ; and also, to summon a jury of six disinterested freeholders TO issue a ve of the town, to enquire whether the possessor is the lessee nire. of the complainant, and holds over the termofthe lease, J" 1 ^ fin iii-ht rea- sonable that other prosecutions, whs- re ihr offence is not capital, should be limited. Attornies, heriffs, &c. TITLE 60. Maintenance. An Act to prevent unlawful Maintenance. T) E it enacted by the Smut? and House of Rep- JLJ resentatives, in General Jls? >J, That no attorney or counsellor at law, sheriff, deputy- Title 60. Maintenance. 3 1 3 sheriff, or constable shall, directly or indirectly, buy, or not to pur- be in any way or manner interested in buying, any bond, ^T^ bill, promissory writing, book-debt, or other chose in ac- tion, unless in payment for estate, either real or personal, sold, or for services rendered, or for a debt or debts antecedently contracted without intent to evade or violate this act, on pain of forfeiting a sum equal to the amount of the bond, bill, promissory writing, book-debt, or other chose in action, so unlawfully bought, to be recovered in . , i /. , how recover- any proper action, by any person who may sue for the e ^ same, before any proper court, or by complaint or in- formation of any informing officer. Provided, that this Proviso, act shall not be construed to prohibit the buying of any bill of exchange, draft, or other chose in action, pur- chased for the purpose of remittance, and not to evade this act. SECT. 2. It shall be lawful for any defendant, in any D e r en( j an t suit brought on any bond, bill, prommissory writing, or mil ycail upon other chose in action, to file his motion, if before any the plaintiff, or city court, or justice of the peace, at the time of his ap- his Attorney, pearance, and if before any county court, on the second tothepur-*" day of the session thereof alleging that he verily be- chaseofthe lieves, that the bond, bill, promissory writing, book-debt, note in suit - or other chose in action, hath been bought contrary to the provisions of this act, and praying the court, or justice, to enquire into the truth thereof, by common law proof, or by the oath of the plaintiiF, if a resident within this state, or by the oath of the attorney in such suit, if a resident without this state, which the court, or justice, is hereby authorized to do ; and if the plain- tiff, or attorney, in the cases aforesaid, shall refuse to dis- close, on oath, regarding the facts alleged in said motion, or if on such disclosure, it shall appear that such bond, bill, promissory writing, book-debt, or other chose in action, hath been bought in violation of this act, the plaintiff shall be non-suited. SECT. 3. In case any counsellor, or attorney at law, Counsellor or shall be guilty of a breach of this act, and shall be thereof attorney, con- duly convicted, or by an enquiry instituted by the superior ^ te ^ th ? reo court, or any county court, shall be found to have from thVrolL violated the same, he shall be struck off the roll of attor- nies, and counsellors, and be thereafter- no longer permit- ted to practice in either of said capacities, in any court in this state, except in his own cause. 10 314 Title 61. Mandamus. TITLE 61. Mandamus. An Act authorizing the Superior Court to grant writs of Mandamus, Prohibition, and Quo Warranto. T3 E it enacted by the Senate and House of Rep- MAKDAMUS. * JJ resentatives, in General Assembly convened, Superiorcourt, That the superior court shall have power to issue writs of empowered to mandamus, in cases in which they may by law be granted, issue writs of au( j j o p rocee( j therein, and to render judgment according to the course of the common law. Peremptory SECT. 2. When a writ of mandamus is issued, requir- mandamus, ing the party to whom it is directed to make a return, if when to be sucn p ar t v sna ll refuse or neglect to do it. then the court issued. f J may issue a peremptory mandamus. Court may en- SECT. 3. When the party to whom such writ is directed quire into truth shall make a return sufficient on the face of it, if it shall of return. |j e denied by the other party, it shall be competent for the court to enquire into the truth of it, and if they shall find it to be untrue, then to issue a peremptory mandamus, in the same manner, and on the same principles, as if the Judgment return was insufficient ; and to render judgment for the complainant to recover his costs, and to grant execution for the same ; but if the return shall be found to be true and sufficient, then to render judgment in favor of the party complained of, to recover his costs against 'the complainant. PROHIBITION- SECT. 4. Be it further enacted, That when any person B whom and or P ersons 5 sna '^ ma ^ e complaint and suggestion to the in what case" superior court, when in session, or to either of the judges a rule shall be in vacation, that any inferior court or tribunal do exceed ^ranted. their jurisdiction, or hold plea of any matter, cause or thing, whereof by law such court has not cognizance, by which the person or persons suggesting are aggrieved ; then in every such case, the superior court, or such judge, is impowered to grant a rule, subscribed by the clerk of the court, or such judge, directed to the party prosecut- ing, as well as to the judge or judges of such inferior court, as take cognizance of matters of which they have no right to hold plea, to appear before the superior court, or such judge, in such reasonable time as they or he shall appoint, to shew cause, why a writ of prohibition should not be issued against them. If the party complained of shall neglect or refuse to appear, said court or judge shall issue a writ of prohibition, as prayed for ; but if such Title 61. Mandamus. 315 party shall appear, he may plead any proper matter in his defence ; and said court or judge shall have power to Trial. examine and decide upon the truth, as well as the suffi- ciency, of the facts arising in the cause ; and if they find sufficient ground, shall issue a writ of prohibition to the Writ of prohi- party prosecuting the suit, and to the judge or judges in the bition. court below, commanding them to proceed no further in the trial of the suit ; and shall also tax lawful costs in A PP licailt ' s favor of the applicant. And if the party in the court cc below, or the judge or judges of such court, disobey such Disobedience writ of prohibition, then such superior court, or judge, punishable as shall have power to punish them for the contempt, ac- for a contempt, cording to the rules of the common law ; and the party Damages re- aggrieved shall have his action on the case to recover all actiono^the the damages he may sustain. But if no sufficient rea- case, sons appear for granting a writ of prohibition, costs shall Costs in favor be taxed in favor of the party complained of, and execu- [ P ar ty , com - ,,/.,, * plained of. tion granted for the same. SECT. 5. And be it further enacted, That when any per- ^OWARRAW- son or corporation, shall usurp the exercise of any office, franchise or jurisdiction, the superior court shall have Power of BU- . j i c ,- ., f. perior courf to power to proceed by information in the nature of quo proceed by in- warranlo, to punish them for such usurpation, according formation; to the usage and principles of the common law ; and also, may permit an information in the nature of quo warranto, or to permit to be filed in the name of the attorney for the state in j SfjJJ 1 ! " the county where the cause of action arises, at the rela- t h e n am ^ ' ) J- n tion of any person desiring to prosecute the same, against the state's at- any person usurping any corporate franchise or office, and torne y 5 att he to proceed therein, and render judgment, according to ^ honofan y the course of the common law. SECT. 6. When notice of any rule is to be given, and Notice of rule, service of any writ to be made, the same shall be direct- and service of ed to the sheriff of the county, or his deputy, or to a writ constable of the town, who shall leave a copy with the de- fendant, at such time as the court or judge shall direct, and make due return of his doings ; and the superior court, or a judge of such court acting in vacation, shall have power Time of ap- to prescribe such time for the appearance of the parties peai as they shall judge to be reasonable, to give them an opportunity to make their defence. 316 Title 62. Manufactures Title 63. Marriage. TITLE 62. Manufactures. An Act concerning incorporated Manufacturing Companies. B [Enacted in May, 1817.] JE it enacted by the Senate and House of Representa- tives, in General Assembly convened, That neither Stockholders the person, nor the private property of the stockholders sonalh- liabl"" ^ manufacturing companies, now incorporated in this state, shall be liable for, or on account of, any contract which shall be made by such company, from and after the fourth day of July next, made for the sole benefit of Proviso, re- said company. Provided, nevertheless, that none of said quiring a certi- companies shall take benefit of this act, unless such as aL a LtofcV sha11 ' b >' the fourth da > of Jul y next ' lod S e a certificate ital stock. with the town-clerk, of that town where the factory of such company is situated, (who is hereby directed to re- ceive, and record the same,) containing the amount of the capital stock of such companies. TITLE 63. Marriage. An Act for the due arid orderly celebrating of Marriage. , 3E it enacted by the Senate and House of Rep- MJ resentatives, in General Assembly convened, Intention of That no person shall be joined in marriage, before the marriage, liow purpose or intention of the parties proceeding therein, to be publish- natn been su fticiently published in some public meeting or congregation, on the Lord's day, or some public fast, thanksgiving or lecture-day, in the parish, or society, where the parties, or either of them, do ordinarily reside, or such purpose or intention be set up, in fair writing, upon some post or door of their meeting-house, or near the same, in public view, there to stand so as it may be read eight days before such marriage. Who may join SECT. 2. The judges of the superior and county courts, persons in justices ofthe peace, and ordained ministers, so long as marriage. tnev con ti nue m ( ne wor k ofthe ministry, shall have pow- er to join any persons in marriage ; and all marriages at- tempted to be celebrated by any other persons, shall be Proviso. void. Provided nevertheless, that all marriages, which shall be performed and solemnized, according to the forms and usages of any religious denomination, in this state, shall be good and valid. Title 63. Marriage. 317 SECT. 3. If any judge, justice of the peace, or ordain- Penalty for ed minister, shall join any persons together in marriage, ^ag^Sout before the purpose or intention of the parties to be mar- pubiicationof ried has been published or notified as aforesaid, and be- intention, or fore such magistrate, justice, or minister is certified of the consent of the parents or guardians, (if any there be,) of such parties as are under the care and control of parents or guardians, he shall, for every such offence, forfeit and pay the sum of sixty-seven dollars ; one moiety whereof shall be to him or them who shall complain of, and pros- ecute the same to effect, and the other moiety to the treasury of the county wherein the offence shall be com- mitted. And if any person or persons shall deface or Penalty for de take down any notice set up in writing, as aforesaid, be- f acin S or tak- fore the expiration of eight days after the time of its be- J" c g e ing set up ; every such person or persons shall .be fined the sum of three dollars. SECT. 4. It shall be the duty of every person, who shall Certificate of hereafter join any persons together in marriage, or of the ^"i clerk of any religious society, according to the usages of town-clerk which the marriage is performed, by the declaration of the parties, in open meeting, within thirty days after said marriage, to lodge a certificate of the same with the town- clerk of the town, in which such marriage was performed. And it shall be the duty of the town-clerk, to record said certificate, at full length, in a book procured by him for this purpose ; for which service said ^own-clerk shall be entitled to receive twelve and a half cents from the per- Feeforrecord- son who shall lodge such certificate for record. A copy ^' ofreco d of the record of such certificate, duly authenticated, shall to be received be received in evidence in all courts in this state. in evidence. SECT. 5. If any person, who shall hereafter join any Penalty for persons together in marriage, shall neglect or refuse to neglect to lodge a certificate of such marriage with the town clerk, lod & e certifi " as aforesaid, within thirty days after the celebration of such marriage, such person shall forfeit and pay the sum of fifteen dollars, for the use of the treasury of the town wherein such marriage was performed. And it shall be the duty of the treasurer of such town to prosecute the same to effect. And in case the treasurer, after notice Penalty ou that a marriage has been performed, and not recorded, treasurer for agreeably to this act, shall neglect to prosecute for the aforesaid penalty, he shall forfeit and pay the sum of seven dollars, to any one who shall sue therefor. SECT. 6. All marriages, which have heretofore been Former mar- performed and celebrated, in this state, by a magistrate, riagesdeclar- justice of the peace, or a minister, ordained, or qualified, ** and empowered to celebrate marriages, according to the forms and usages of any religious society or denomination, 318 Title 64. Masters and Servants. are hereby declared to be good and valid, to all intents and purposes whatever ; any law, custom, or usage to the contrary, notwithstanding^ 1) (1) It is evident, that the first settlers ever been considered, that the marriage of this country considered marriage as was valid, and that the magistrate or min- merely a civil contract ; for, by a law ister celebrating it, was liable to a penalty, passed in 1640, the power to perform the By the former statute, every person, except marriage ceremony was given to the civil a magistrate or ordained minister, was magistrate only. In 1694, it was given to prohibited from performing the marriage ordained ministers, as well as magistrates. ceremony ; and a question having been Though the statute prohibits the joining of frequently agitated, whether a marriage by persons in marriage, without publishment, any other person was valid, it was thought and in case of minors, without the consent b.est to remove all doubt, by declaring it te of their parents or guardians, yet it has be void. TITLE 64. Masters and Servants. An Act relating to Masters and Servants. . 1 E it enacted by the Senate and House of Rep- JU resentatives, in General Assembly convened, Who may That the fathers and guardians of minors may bind them. bind apprenti- by deed, or indenture, as apprentices, to learn some trade or profession; males till twenty-one, and females till eighteen, or to the time of their marriage within that age, with the assent of such minor, expressed in the in- denture, by subscribing the same; which binding shall be as effectual as if the minor was offull age.(l) When minors SECT. 2. Minors of the age of fourteen, having no fa- themseivesa ^ er or g uar( ^' an i within the state, may bind themselves prentices. 8 aP apprentices, by indenture, with the approbation of the major part of the select-men in the town. When select- SECT. 3. If any person or persons, who have had reliefer supplies from any town, shall suffer their children to mispend their time, and live in idleness, and shall neglect to bring them up, and employ them, in some honest cal- ling ; or if there shall be, at any time, any family that cannot, or does not, provide competently for their chil- (1) In the revision of 1672, there is a reg- made, that such contract should be binding ulation, that no person, under the govern- on the parent, guardian, or master. The ment of a parent, guardian, or master, shall only effect of this clause of the statute was. be capable to make a contract, unless al- to deprive minors of the power of making lowed by his parent, guardian or master. contracts for necessaries, which they could A question seems to have arisen, whether do at common law. As no inconvenience this did not give the power to a parent, has resulted from the exercise of this pow- guardian or master, to enable a child or er, where it is possessed ; and as, in many minor, under his care, to make contracts, cases, it may be necessary ; this section in the same manner, as if of full age. To has been omitted, and minors now stand on guard against this construction, in the re- the footing of the common law, as to their vision of 1784, a further provision was capacity of making contracts. Title 64. Masters and Servants. 319 tiren, whereby they are exposed to want ; or if there be any poor children in any town, that live idly, or are ex- posed to want and distress, and there are none to take care of them ; it shall be the duty of the select-men of such town, and they are hereby empowered, with the assent of a justice of the peace, to bind out such poor children, belonging to such town, to be apprentices to some proper masters, to be instructed in some suitable trade, calling, or profession; males till the age of twen- ty-one, and females till the age of eighteen, or to the time of their marriage within that age ; which binding shall be valid and effectual in law. SECT. 4. If any apprentice, bound by indenture, shall Refractory refuse, or wilfully neglect; to serve as an apprentice, ac- j^ pren *^ge and pay to the person or persons to whom such appren- tice or servant was bound as aforesaid, not exceeding the sum of one hundred dollars, to be recovered before any court proper to try the same. Provided, that nothing herein contained shall be construed to affect the right of the master to recover just damages for the loss of the ser- vice of his apprentice or servant. SECT. 10. If any servant or apprentice, employed in Apprentices any incorporated factory, or in any manufacturing estab- {J bs pj^ in f s to lishment as aforesaid, or in any other business, shall, with- dama^ after out sufficient cause, abscond from the service of his mas- full age. ter, such servant or apprentice, when he shall arrive at full age, shall be subjected and become responsible for all the damage, which may have been sustained by his for- mer master or employer, in consequence of his abscond- ing as aforesaid ; any law to the contrary notwithstand- ing. 41 322 Title 65. Medical Societies. TITLE 65. Medical Societies. County medi cal societies. Officers. Delegates. Connecticut medical con- vention. Officers. General pow- ers. An Act to incorporate Medical Societies, and to establish the Medical Institution of Yale-Col- lege. 1T1 E it enacted by the Senate and House of Rep- JJ re.sentatives, in General Assembly convened, That the physicians and surgeons in the respective coun- . ties in the state, now members of the county meetings, and all physicians and surgeons, who shall hereafter be licenced to practise, pursuant to the provisions of this act. shall constitute county medical societies ; and they and their successors shall be and remain bodies politic and corporate, to be known and called by the name of the several counties to which they belong, and shall an- nually meet, on the third Monday in April, at such places as heretofore have been, or hereafter shall be, designated by them, and may adjourn from time to time, as they shall judge expedient. Each county medical society shall, at their annual meeting, elect a chairman, and clerk, and such other officers as they may find necessary, to manage the concerns of the society ; and shall elect five members of their own society, except the counties of Middlesex and Tolland, and in those counties, three members, each, as delegates to compose a convention of said societies. Each medical society shall have power to adopt such regulations as they may think proper, to promote medical knowledge. SECT. 2. The delegates, chosen by the several county medical societies, shall meet, on the second Wednesday of May, annually, at such place as has been, or may hereafter be, designated by them, twelve of whom shall be a sufficient number to transact business ; and shall have power to choose, by ballot, a president, vice-presi- dent, secretary, treasurer, and such other officers as thej may think proper ; and being so formed, shall be known and called by the name of The President and Fellows of the Connecticut Medical Convention, and shall hold their offices for the term of one year. And said convention shall have power to make by-laws to promote the objects of the institution, not repugnant to the laws of the United States, or of this state; to expel any of their members for misconduct ; to have a common seal, and the same to alter at pleasure ; to sue and be sued, as a corporate body, relative to their rights and interests ; to lay a tax upon the members of the county medical societies, not Title 65. Medical Societies. 323 exceeding two dollars each, to be collected by their clerks ; to dispose of the money received, by taxes or otherwise, in such manner as they may think proper, to promote the design of the institution ; to purchase and hold property, either real or personal, to an amount not exceeding one hundred thousand dollars ; and to manage and dispose of the same, as they may judge best for the interest of the institution. SECT. 3. It shall be the duty of the several members of Duty of mem- the county medical societies, to communicate useful in- bers of county formation to such societies, at their meetings ; and such e e s ! a societies shall transmit the same to the convention : and of it shall be duty of the convention to cause to be publish- t j eg . ed all cases, experiments and observations, respecting an( j f tneco the diseases of the country, which may be of practical V entkn. use. SECT. 4. The election of the officers, of t ne medical Who are eli- convention shall not be confined to the members thereof, g ible as offi- but may be from any of the medical societies ; and the cers ' officers so chosen shall become members of the medical convention. The president, or on his death, or in his absence, the vice-president, shall, upon any special oc- casion, have power to call a meeting of the convention, at such time and place as he may think proper, upon e d. giving twenty days' notice in two gazettes, published in this state. SECT. 5. No physician or surgeon, who has commenced Unlicensed practice since May one thousand eight hundred, or who shall practitioners hereafter commence practice, shall be entitled by law to recover any debt or fees for such practice, unless he has been duly licenced, by some medical society, or college of physicians. SECT. 6. If any of the collectors of taxes in the county Reme(1 medical societies, granted by the Connecticut medical against delin- convention, shall neglect or refuse to collect the tax, quent collect- entrusted to his collection, by the time the same is made ors of taxes - payable, or having collected the same, shall neglect or refuse to pay it to the treasurer of the medical convention, such treasurer may cause a suit or suits to be instituted against such delinquent collector", in the name of the president and fellows of said convention, before any court proper to try the same, and the same to pursue to final judgment. SECT. 7. The medical institution, established in Yale- The medical College, pursuant to an agreement between the president institution of and fellows of the medical convention, and the president J ale - c lle g e > i r 11 r \; i n ii i declared a cor- and fellows ol Yale-College, is hereby declared to be a poration. body politic and corporate, to be known and acknowl- 324 Title t>5. Medical Societies, edged by (he name of The Medical Institution of Yale- College. Professors. SECT. 8. The institution shall include a complete course of medical science, to consist of four professors ; the first, of chemistry and pharmacy ; the second, of the theory and practice of medicine ; the third, of anatomy, surgery and midwifery ; the fourth, of materia medica, and How chosen, botany. And there shall be a joint committee, of an equal number of persons, appointed by the medical conven- tion and the corporation of Yale-College, who shall make a nomination, from which nomination the aforesaid profes- sors shall be chosen by the corporation. Cabinet of an- SECT. 9. A cabinet of anatomical preparations, includ- a a nTtioi . pre ~ ing all things usually found in a collection of this nature ; ^collection of an d a collection of specimens in the materia medica, shall specimens ; be provided ; and a botanical garden shall be established, and a botani- as soon as tne f un( j s o f the college will allow, be established! SECT - 10 - Every medical student shall be required to Qualifications a ttend the study of physic and surgery, with some medical of medical stu- or chirurgical professor or practitioner, of respectable dents for ex- standing, for two years, provided he shall have been animation for g rac | ua ted at some college ; otherwise, three years ; and to have arrived at the age of twenty-one years. And every medical student shall attend one course of each of the above systems of lectures, under the professors of the medical institution of Yale-College, or some other public medical institution, previous to his being admitted to an examination for a licence ; and the course of lec- tures he is required to attend, may be included within the Proviso, term he is required to study. Provided, that upon the H H t0 j nviieg " recommendation of the county medical societies, respect- ively, one meritorious and necessitous person from each county shall annually be allowed the privilege of attend- ing one course of each of the above lectures, gratis. And if any of the county medical societies should fail to re- commend as above, the medical convention may fill up the vacancy. It shall be the duty of the county medical socie- ties to report to the medical convention of the state, the names of the persons, whom they shall agree to recom- mend ; and the president of said convention shall transmit said names, together with such as the medical convention may add, agreeably to the above provision, to the medical Price of tick- professors of Yale-College. And the price of the ticket, et limited. for the whole of the above course of lectures, shall not exceed fifty dollars. Committee of SECT. 11. The committee of examination for the prac- examination. tice of physic and surgery, shall consist of the professors of the medical institution, and an equal number of .he members of the medical societies, appointed by the med- Title 65. Medical Societies. 325 ical convention ; and the president of the medical con- vention shall, ex officio, be president of the examining committee, with a vote at all times, and a casting vote, when the votes are equal : and in case of the absence of the president, a president pro tempore shall be appointed, by the members of the examining committee, appointed by the medical convention, with the same powers ; which committee, or a majority of them, shall possess the pow- er, and they only, of examining for a licence. All licen- Licences, how ces to practice physic or surgery, shall be signed by the sl S ned - president of the medical convention, and countersigned by the committee, or a majority of them : and the fees or Fees for licen- perquisites for admitting or licensing any candidate to cingcandi- practise physic or surgery, shall not exceed four dollars, date> which shall be paid to the treasurer of the medical con- vention, for the benefit of the same. SECT. 12. Each candidate for the degree of doctor of Qualifications medicine, shall be required to attend two courses of the of candidates above systems of lectures, at the medical institution of forthedegree xr i r~\ ii \i_ 11- i- i of doctor of Yale-College, or at some other public medical institution, me di c ine. where a similar course of public instruction is pursued ; which degree, upon the recommendation of the commit- tee of examination, shall be conferred by the president of the college, and the diploma signed by him, and counter- signed by the committee, or the majority of them. And the president of the college shall have power to confer Honorary de- such honorary degrees upon those persons whom the med- rees> ical convention shall recommend, as deserving of so dis- tinguished a mark of respect. SECT. 13. For the accommodation, both of the students Examination, and of the committee, there shall be but one examination a year, which shall be immediately after the close of the courses of lectures. When a candidate is prevented, by sickness, he may be examined by theWedical professors at college ; and such examination, with their certificate thereof, shall entitle him to the same privileges as though his examination had been by said committee. SECT. 14. All medical students, who shall have attend- p . .. ed two courses of lectures in the medical institution, stu'dentfhav- shall have the privilege of attending all future courses, ing attended gratis. And all persons licenced to practise physic or T courses - surgery, agreeably to the foregoing provisions, shall, of practitioner?, course, be members of the medical society in the county members of in which they reside. medical soci- ety. 326 Title 66. Meetings. TITLE 66. Meetings. CHAP. I. An Act to preserve Order in the Meetings of Towns and other Communities. SECT. 1. Disturbance in meetings, how punished. Aggravated offences. Moderator may order persons guilty of disturbance into custody. Power of of- ricer. Proviso. E it enacted by the Senate and House of Rep- 1 resentatives, in General Assembly convened, That all towns, societies, and other communities, when lawfully assembled, shall have power to choose a mode- rator to preside in said meetings : and if any person or persons shall, by noise, tumult, quarelling, or by any oth- er unlawful act, disturb such meeting ; or prevent them from proceeding, in an orderly and peaceable manner, to the choice of a moderator ; or, after the choice of a moderator, shall vilify or abuse him, or interrupt him in the discharge of his duty ; or, after he has commanded si- lence, shall speak in the meeting, without liberty from the moderator, unless it be to ask reasonable liberty to speak ; he or they shall forfeit and pay to the treasury of the town where the offence is committed, a sum not less than one dollar, nor more than seven dollars, according to the nature of the offence. SECT. 2. All offences against this act may be heard and determined, by a justice of the peace, unless aggra- vated by some high-handed breach of the peace ; in which case, the offender shall be bound, by such justice of the peace, to the next county court, to answer for the offence ; which court may impose a tine upon him, according to the aggravation ^f the offence, not exceeding thirty-four dollars, to the i^c ^ f the treasury of such county. SECT. 3. The moderator of such meetings, and the pre- siding officer in electors' meetings, whenever any disor- ders are committed in the meeting, punishable by law, and the offender or offenders shall refuse to submit to his lawful authorit^jfshall have power to order any sheriff, deputy-sheriff, or constable, to take the offender or of- fenders into custody, and, if necessary, to remove him or them out o&uch meeting, until he or they shall conform to order, offifneed be, until such meeting be closed : and thereupon, such officer shall have power to command all necessary assistance, as in cases of preserving the peace and suppressing riots : 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 exe- cution of their offices : provided, that no person com- Title 66. Meetings. 327 manded to assist shall be deprived of his right to act in the meetings, nor the offenders, any longer than they re- fuse to conform to order. SECT. 4. All questions in such meetings shall be deci- All questions ded by a major vote of the qualified members present ; jj> "JJ^^J and whenever there shall be an equi-vote, the question 3 shall be decided by the moderator. CHAP. II. An Act to prevent the disturbance of Religious Meetings. T> E it enacted by the Senate and House of Rep - Jj resentatives, in General Assembly convened, That no person or persons shall keep any huckster's shop, Sale of spirit- booth, tent, waggon, or other carriage, for the sale of ^u 1 -^" spiritous or other liquors, or any articles of provisions, ^thin'two whatever, or sell, or expose to sale, in such huckster's miles of reli- shop, booth, tent, waggon, carriage, or in any other way. gious meetings any spiritous or other liquors, or any articles of provision, whatever, within the distance of two miles from any pub- lic assembly, convened for religious worship in the field. Provided, that nothing herein contained, shall prevent the Limitation, sale of spiritous or other liquors, or provisions, by any person or persons, at his or their store or dwelling-house, who shall be licenced according to law to retail spiritous liquors. SECT. 2. Any person or persons, who shall be guilty p en alty for of a breach of this act. shall forfeit and pay, for every breach of this- such offence, a fine of seven dollars, tothe use of the act treasury of the town where such offen^jp is committed : and it shall be the duty of grand-juror*'^ .iiake due pre- sentment of all breaches of this act. SECT. .3. It shall be the duty of all sheriffs, constables, informing of- grand-jurors, or tything-men, upon view, without war- ficers, upon rant, to apprehend every person so offending, and him or view without them to carry before the next justice of th^ieace, that be T^prehe'nd^f' or they may be dealt with according to iaw. And the jus- tenders, tice of the peace, before whom such person or persons are Process therp- brought, shall, on the oath of the oliicer apprehending on. him or them, issue a warrant, and cause him or them to be arrested, and proceed to a hearing and trial of such matter of complaint, in due course of law. 328 Title 67. Militia. TITLE 67. Militia. An Act for forming and conducting the Military Force. Whereas the congress of the United States did, on the eighth day of May, in the year one thousand seven hundred gressrecited. and ninety-two, pass an act, entitled " An act more ef- fectually to provide for the national defence, by estab- lishing an uniform militia throughout the United States," and on the twelfth of May, one thousand eight hundred and twenty, passed an additional act, which first mentioned act, as altered by said additional act, is in the words following, to wit : j ~|3 E it enacted by the Senate and House of Re- JD presentatives of the United States of Ameri- ca, in Congress assembled, That each and every free, able What persons bodied white male citizen of the respective states, resi- to be enrolled; d en t therein, who is or shall be of the age of eighteen years, and under the age of forty-five years, (except as is hereinafter excepted,) shall, severally and respectively, and bywhon^ ^ e enrolled in the militia, by the captain, or commanding officer of the company, within whose bounds such citizen shall reside, and that within twelve months after the pass- ing of this act. And it shall, at all times hereafter, be the 'duty of every such captain or commanding officer of a com- . pany, to enrol every such citizen, as aforesaid, and also those who shall, from time to time, arrive at the age of eighteen years, or being of the age of eighteen years and under the age of forty-five years, (except as before ex- cepted.) shall come to reside within his bounds ; and Notice of en- sna N> without delay, notify such citizen of the said enrol- rolmenttobe ment, by a proper non-commissioned-officer of the corn- given, pany, by whom such notice may be proved. That every citizen so enrolled and notified, shall, within six months Anns and ac- thereafter, provide himself with a good musket, or fire- coutrements. lock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch, with a box therein to contain not less than twenty-four cartridges, suited to the bore of his mus- ket or firelock, each cartridge to contain a proper quanti- ty of powder and ball ; or, with a good rifle, knapsack, shot-pouch, and powder-horn, twenty balls suited to the bore of his rifle, and a quarter of a pound of powder : and shall appear, so armed, accoutred, and provided, when called out to exercise, or into service ; except, that when called out, on company days, to exercise only, he may ap- Title 67. Militia. 329 pear without a knapsack. That the commissioned offi- Commissioned cers shall, severally, be armed with a sword or hanger, ' how and espontoon ; and that, from and after five years from the passing of this act, all muskets for arming the militia, as herein required, shall be of bores sufficient for balls of Muskets, of the eighteenth part of a pound. And every citizen so en- v rolled, and providing himself with the arms, ammunition, rm9 > &c - to and accoutrements, required as aforesaid, shall hold the from e^cu- same exempted from all suits, distresses, executions, or tion. sales, for debt, or for the payment of taxes. SECT. 2. And be it further enacted, That the vice-pres- Persons ex- identofthe United States ; the officers, judicial and ex- em P l from ecutive, of the government of the United States ; the m members of both houses of congress, and their respective officers ; all custom-house officers, with their clerks ; all post-officers, and stage drivers, who are employed in the care and conveyance of the mail of the post-office of the United States ; all ferry-men employed at any ferry on the post road ; all inspectors of exports ; all pilots ; all mariners, actually employed in the sea service of any citizen or merchant within the United States ; and all persons, who now are, or may hereafter be, exempted by the laws of the respective states, shall be, and are here- by, exempted from militia duty, notwithstanding their be- ing above the age of eighteen, and under the age of forty- live years. SECT. 3. And be it further enacted, That within one Militia, how to year after the passing of this act, the militia of the re- be arranged, spective states, shall be arranged into divisions, brigades, regiments," battalions, and companies, as the legislature of each state shall direct ; and each division, brigade, and regiment, shall be numbered at the formation thereof, and a record made of such numbers in the adjutant-gen- Rank,howde- eral's office in the state ; and when in the field, or in termined. service in the state, each division, brigade and regiment, shall, respectively, take rank according to their numbers, reckoning the first or lowest number, highest in rank ; that, if the same be convenient, each brigade shall con- sist of four regiments, each regiment of two battalions, each battalion of five companies, each company of sixty- four privates : That the said militia shall be officered, by jj ow to be the respective states, as follows : to each division, one officered, major-general, and two ai-ls-de-camp, with the rank of major ; to each brigade, one brigadier-general, with one brigade-inspector, to serve also as brigade-major, with the rank of a major; to each regiment, one lieutenant-colonel commandant ; and to each battalion, one major ; to each company, one captain, one lieutenant, one ensign, four sergeants, four corporals, one drummer, and one fifer or 42 330 Title VI. Regimental Grenadiers, Artillery, &c. how officered Troopofhorse, how officered and equipped, Artillery and of^mt be formed. To be clothed in uniform. Colours. Drumandfife, or bugle-horn, Adjutant-gen- u y ' bugler : That there shall be a regimental staff, to consist of one adjutant, and one quarter- master, to rank as lieu- tenants ; one pay-master ; one surgeon, and one surgeon's mate ; one sergeant-major ; one drum-major ; and one fife-major. SECT. 4. And be it further enacted, That out of the mi- litia enrolled as is herein directed, there shall be formed. for each battalion, at least one company of grenadiers, light-infantry or rifle-men ; and that to each division, there shall be, at least, one compa< y of artillery, and one troop o f horse. There shall be to each company of ar- tillery, one captain, two lieutenants, four sergeants, four corporals, six gunners, six bombardiers, one drummer and one fifer ; the officers to be armed with a sword or hanger, a fusee, bayonet and belt, with a cartridge box, to contain twelve cartridges : and each private or matross, shall furnish himself with all the equipments of a private in the infantry, until proper ordnance and field artillery j s provided. There shall be to each troop of horse, one ... . . ' ~ captain, two lieutenants, one cornet, four sergeants, four corporals, one saddler, one farrier, and one trumpeter; the commissioned officers to furnish themselves with good horses, of at least fourteen hands and an half high, and to be armed with a sword and pair of pistols, the hol- sters of which to be covered with bear-skin caps ; each dragoon to furnish himself with a serviceable horse, at least fourteen hands and an half high, a good saddle, bridle, mail-pillion and valice, holsters, and a breast-plate and crupper, a pair of boots and spurs, a pair of pistols, a sabre, and a cartouch-box, to contain twelve cartridges fo r pistols : That each company of artillery, and troop of horse ' sbal ! be formed of volunteers from the brigade, at the discretion of the commander in chief of the state, not exceeding one company of each to a regiment, nor mote in number than one eleventh part of the infantry, and shall De uniformly clothed in regimentals, to be furnished at their own expense, the colour and fashion to be determin- ed by the brigadier, commanding the brigade to which they belong. SE- T. 5. And be it further enacted, That each battalion and regiment shall be provided with the state and regimen- tal colours, by the field officers ; and each company, with a drum and fife, or bugle-horn, by the commissioned officers of the company ; in such manner as the legisla- ture of the respective states shali direct. SECT . e. And be it further enacitd. That there shall be an adjutant-general appointed in each state, whose duty it shall be, to distribute all orders from the commander in chief of the slate, to the several corps ; to attend all public Title 67. Militia. . 331 reviews, when the commander in chief of the state shall review the militia, or any part thereof; to obey all orders from him, relative to carrying into execution and per- fecting the system of military discipline established by this act ; to furnish blank forms of different returns that may be required, and to explain the principles on which they should be made ; to receive from the several officers of the different corps, throughout the state, returns of the militia under their command, reporting the actual situation of their arms, accoutrements, and ammunition, their delinquencies, and every other thing which relates to the general advancement of good order and discipline: All which, the several officers of the divisions, brigades, regiments and battalions, are hereby required to make, in the usual manner, so that the said adjutant-general may be duly furnished therewith ; from all which returns he shall make proper abstracts, and lay the same, annually, before the commander in chief of the state. SECT. 7. And be it further enacted. That "*> the approbation of the officer commanding the brigade, succession." 1 or, (in case of the regiments of light-artillery,) of the cap- tain-general, shall order out his regiment three days in succession, in the month of September, which shall be in lieu of all trainings in that month and October. On days Battalion of regimental, or battalion inspection or review, battal- how^osted ion companies shall be posted according to their rank, to he determined by their numbers, the lowest number be- ing highest in rank ; and it shall be the duty of the cap- tain-general to number the companies, at the time of forming or re-organizing the regiment to which they be- long; and whenever there are two flank companies, they shall take rank and be posted according to the same rule ; and the officers of such companies, shall remain with their respective companies ; and the officers of the bat- and the offi- talion companies shall be posted for regimental or battal- cers thereof, ion exercise, agreeably to the directions given for post- ing officers to guards, as pointed out in the second arti- cle of the twenty-second chapter of the rules of disci- 340 Title 67. Milttia. Inspection how made.' Duty of brig- to mken quiry, &c. To make an- nual returns. Meeting of brigade-in- spectors, with adjutant-gene- ral. Warning of militia. Orderly hook for records. pline established by congress, in their resolutions of March twenty-ninth, Anno Domini, one thousand seven hundred and seventy-nine ; and the second flank company shall, on days of regimental review, be posted on the left of the second battalion, and on days of inspection, by battalion, on the right of such battalion. SECT " 16 * Whenever a regiment or battalion, shall be ordered out for inspection, it shall be the duty of the brig- ade-inspector, to inspect such regiment or battalion, agreeably to the second article of the twenty-fifth chap- ter of the rules of discipline aforesaid, and he shall take an accurate account, from personal inspection, of the quality of the arms and accoutrements, both of the non- commissioned officers and privates, and whether they are fit or unfit for service, and shall ascertain, with precision, the size of the bores of the muskets and rifles ; he shall also examine the men's clothing, and see whether they are in complete uniform, according to law. And it shall be the du ty of the brigade-inspector, to make diligent en- quiry, from time to time, whether commanders of compa- nies have caused all persons liable to do military duty, within their limits respectively, to be enrolled, and to re- port all delinquencies to the brigadier of their brigade respectively, to the end, that such commanders may be dealt with according to law; and the inspector shall make annual return of the state of the militia, in the brigade to wn ich he belongs, to the adjutant-general. SECT. 17. Whenever the captain-general shall deem it necessary, he mav issue his orders, directing the brigade- . . J ' .. ..u j- . i i , i inspectors to meet the adjutant-general, at such time and place as he shall appoint, to confer with him, and to re- ceive his directions, relative to their official returns, and other parts of their duty, and to aflford him that assistance and co-operation, which the public service may require ; and the said officers shall be allowed nine cents per mile for travel, to and from such place of meeting. SECT. 1 8. In all cases, when the militia are to be warn- ed for a choice of officers, for exercise, review, parade, or inspection, three days notice shall be given, exclusive of the day of warning, by order of the commander of the company, in writing, directed to the non-commissioned officers, and the same to be read in the hearing, or a copy thereof to be left at the usual place of abode, of the per- son to be warned. SECT. 19. Each company shall be furnished with a suitable orderly book for records, and the commanders of the companies of battalion infantry, shall cause the names of all persons, between the age of sixteen, and forty-five years, and who reside within the limits of their Title G7. m 'Militia. 341 respective companies, to be entered in said book, except the names of such persons, as belong either to the artil- lery, cavalry, rifle-men or flank companies, designating therein, such persons as are liable to military duty. And the commanders of the companies of artillery, cavalry, rifle-men and flank companies, shall cause the name,s of all persons enlisted into their respective companies, to be enrolled in their said orderly book ; and the com- manding officer of each company, shall cause to be re- corded, all delinquencies, and all votes and proceedings of such company, and shall cause copies of any part of said records to be given, reasonable compensation being made therefor ; and it shall be the duty of the adjutant- general of the state, to prescribe the forms of keeping such records, and of the brigade-inspectors, annually, to inspect the said books. SECT. 20. The brigades or divisions ' may be ordered Division and out for inspection or review, by their commanding ( offi- brigade-in- cers, with the approbation of the commander in chief, 8 P e ^tion and at such times as shall be deemed expedient and necessary; and whenever a division is under arms, it shall be review- ed by the captain-general, or lieutenant-general ; when a brigade, by a major-general ; and when a regiment, by a brigadier-general. SECT. 21. If any person or persons belonging to the Firing prohib- militia. shall fire any field-piece, musket or pistol, or suffer the same to be done by others, on any days of company, battalion, or regimental days of exercise, or review, ex- cepting by order of a commissioned officer, he shall, for each offence, forfeit and pay a fine of five dollars, to be recovered by complaint or information thereof made, and conviction had, before any court proper to try the same, for the use and benefit of him, who shall prosecute the same to effect. And when such offence shall be commit- ted, by any person, under the age of twenty-one years, ^^ c the said fine may be recovered of the parent, master, or minors. guardian of such minor, so offending, in manner aforesaid. And it shall be the duty of all informing officers, to make Informing offi- presentment and complaint of all breaches of this sec- cers to com - tion, to any court proper to hear and determine the same, plam- and upon conviction of the offender, on such presentment and complaint, the said fine shall be paid to the treasury of the town, where such offence shall have been commit- ted. And it shall b j the duty of each captain, or officer commanding a military company, to cause this section to company, be read in the hearing of his company, in September and twice a year. May, in each year. SECT. 22. The commanding officer of each division, Commandin brigade, regiment, battalion, or company, shall order the officen & toor- 343 Title 67? Militia. der the cor- rection of dis- orders, on days of exer- cise. Punishment. Power to fix limits of pa- rade; to confine in- truders. Musicians to assemble for instruction. Fine for neg- lect. Fines for non- appearance and deficiency inarms, &c. correction and punishing of disorders, or contempt, on days of exercise, inspection, or review, of which any non-commissioned officer or soldier, under their respect- ive commands, may be guilty, during the day ; provided, the punishment inflicted, be not greater than riding a wooden horse, for a term not exceeding one hour, or a fine, not exceeding seven dollars ; and they shall have power to fix certain limits to their respective parades, within which no spectator shall enter, without liberty from the commanding officer ; and in case any person shall intrude or offend, he shall be liable to be confined, in such way and manner, as the commanding officer shall direct, during the continuance of the exercise. SE( T. 23. The commanding officer of any regiment shall, if he judge expedient, order the musicians within the limits of his command, to assemble at such times and places, as he shall direct, for practice and instruction, not exceeding two days in each year, exclusive of days of regimental exercise ; and if any musician shall refuse or neglect to obey such orders, he shall be liable to the same fine, as is herein provided for like neglect, or refusal, on days of company exercise ; which fine, and all other fines, which, by virtue of this act, shall be incurred by the non- commissioned staff, shall be imposed by the commanding officer of the regiment. But the person so fined, or lia- ble to be fined, shall have the same right to excuse him- self, before such regimental officer, and appeal to a supe- rior officer, as is hereinafter provided, in cases of fines imposed by commanding officers of companies. SECT. 24. The fines and penalties incurred for non-ap- pearance, and deficiency of arms and accoutrements, shall be as follows, to wit : Each sergeant-ma^or, quarter- master-sergeant, drum-major, life-major, trumpet-major, sergeant, corporal, drummer, fifer, trumpeter, and bugler, who shall neglect to appear at the time and place appointed for regimental or battalion exercise, inspection, or review, shall forfeit and pay a fine of six dollars ; and for each day's neglect to appear, at the time and place appointed fc-r company exercise, inspection, or review, a fine of five dollars ; each private, for non-appearance, on any day of regimental or battalion exercise, inspection, or review, shall forfeit and pay a fine of five dollars, and for non- appearance on any day of company exercise, inspection, or review, a fine of four dollars ; each non-commissioned officer and private, who appears on parade, shall, for de- ficiency of arms, ammunition, and accoutrements, forfeit and pay, for each day of exercise, inspection, or review, the following fines, to wit : For a gun, or pair of pistols, each, one dollar and fifty cents ; for a sabre, or hanger. Title 67. Militia. 343 each, one dollar, and for each other article required by law. twenty-five cents ; and no horse-man who shall be deficient in a horse, shall be considered as appearing on parade. SECT. 25. Any non-commissioned officer, musician or Proceedings io private, of any company of militia, whether artillery, cav- making an ex- airy, riflemen or infantry, who shall neglect to appear, at H"" 6 Jj, r n n ~ the time and place appointed for regimental, battalion, or ^? ea company exercise, inspection or review, or for the choice of a captain, or subaltern, for the company to which such person belongs ; or, appearing, shall be deficient in arms or equipments; may, within ten days next thereafter, ap- pear before the commanding officer of such company, by himself or attorney, and make excuse for such non- appearance or deficiency ; and if such delinquent shall fail to appear as aforesaid, and make a satisfactory ex- cuse for such delinquency, said commanding officer shall impose upon such delinquent, the fine or fines in such case by law incurred, and shall. give notice thereof, in writing, to the person so fined; and if such fine or fines Fines to be shall not be paid to such commanding officer, and the said collected b ? delinquent shall not make his appeal in the manner here- w in after provided, said fine or fines shall be collected by warrant, under the hand of said commanding officer, SECT. 26. Whenever the commanding officer of a com- Proceedings in pany, shall impose a fine, the person so fined, when he pe S a e i g fap " claims to be excused from performing military duty, at the time for which he is fined, may, within ten days after notice thereof, appeal to the commanding officer of the re- giment ; or, if the person so fined, claim in writing, to be- long to a different regiment from that to which said com- manding officer belongs, but to the same brigade, he may, within fifteen days after such notice, appeal to the com- manding officer of the brigade ; and if the person so fined shall claim in writing to belong to a different brigade, in the same division, he may, within twenty days after such notice, appeal to the commanding officer of the division; and if the person so fined, shall claim, in manner afore- said, to belong to a different division, or to a different corps, from that to which such commanding officer be- longs, he may, within twenty days after notice, appeal to the captain-general, or to such person as the captain- general shall appoint. And in all cases of appeal, it shall be the duty of the officer, to whom the appeal is made, to cause written notice to be given to the officer imposing Notice of a p the fine, who shall thereupon stay the collection thereof peal, until the appeal be determined ; and the officer to whom the appeal is made, may, on hearing the parties, abate - such fine ; and if such fine be not abated, the officer im- 344 Title 67. Militia. posing the same, shall proceed to the collection thereof. 58 n Wnen an y P erson fined as aforesaid, shall claim to be niing wholly exempted from the performance of military duty, to be wholly he may, within ten days after notice thereof, appeal to exempted from either judge of the county court in the county in which i ry uty. j^ j^g^es, stating the ground of his claim for exemption ; which judge shall give notice to the officer imposing the fine, of the appeal, and of the time when the same will be heard ; and the collection of the fine shall be stayed till the appeal is determined. And such judge shall hear the parties, and. if he shall be of opinion, that the person appealing is exempted from military duty, he shall abate such fine ; otherwise, the officer imposing the fine, shall proceed to the collection thereof. All appeals shall be in writing, and the same shall be determined, and notice of such determination, given to the officer imposing the fine, within twenty days after such appeal is made ; and No other rem- 1)O action shall be sustained against any officer, for impo- edy. sing a fine for neglect uf appearance, or deficiency in arms or accoutre merits. Warrants for SECT. 27. All warrants, granted for the collection of how 8 ' directed an ^ mie ' * m P ose< ^ Dv virtue of this act, shall be directed and levied. to a constable of the town, in which the delinquent dwells; which warrant may be levied on the goods, or chattels, of the delinquent, if of the age of twenty-one years, and for want of such goods and chattels, on the body of such delinquent, and on the goods or chattels of the pa- rent, master or guardian of such delinquent, if under the age of twenty-one years, and for want of such goods and chattels, on the body of such parent, master or guardian, and him commit to gaol untilsuch fine be paid, with law- ful fees for service, and seventeen cents for said war- rant, as in case of execution for debt : And all warrants heretofore issued, by any officer of the militia, for col- lection of fines, including a sum for the warrant, shall be deemed to be valid ; and no action shall be sustained Fines,how dis- against such officer for the same. All fines imposed by posed of. ^ e comman( ji n g officer of a company, shall be appro- priated for the benefit of such company, for purchasing and keeping in repair, trumpets, bugles, drums and fifes, and for teaching music, and for providing blank cartridges, for days of regimental or battalion review, inspection or parade, not exceeding ten cartridges for each non-com- missioned officer, and private, who bears arms ; and the surplus, if any, shall be paid to the treasury of the town, to which such commanding officer belongs ; and all fines imposed by the commanding officer of a regiment, shall be appropriated for the benefit of such regiment, for the uses Title 67. Militia. 345 aforesaid, and the surplus, if any, shall be paidinto the treasury of the state. SECT. 28. Whenever any soldier shall be unable to ^MeT^SiS equip himself with arms and accoutrements, required by j 9 unable to law, a certificate from two of the civil authority of the equip himself, town to which he belongs, shall be sufficient evidence, to the commanding officer of the company, of such inability ; which certificate being given, no execution shall issue against him, for any fine, which may have been imposed for any such deficiency ; and in every such case, it shall be the duty of the select-men of the town, to provide such soldier with arms, and the whole orany part ofeuch ac- coutrements, as maybe necessary, atthe cost of such town, within forty days after such certificate shall have been shown to them, and in default thereof, the said commanding officer shall, in his official capacity, have a right of ac- tion against such town, to recover the value thereof; any one justice of the peace to hear and determine the same, and grant execution thereon ; and in such case, no appeal shall be allowed ; and the commanding officer shall thereupon, without delay, procure such arms and accoutrements, and they shall be the property of such town ; and all arms belonging to the town, shall, by the commanding officer of the company, be deposited in such place, as he may think proper, to be ready for such sol- diers, as, for the time being, may be unable to equip themselves ; and such officer shall be liable to pay there- for, if lost through his neglect. SECT. 29. Any person belonging to any society of Friends, Shakers, or Quakers, may procure a certificate T f^ S p" thereof, from the clerk of the society to which he be- SlmayTe longs ; and upon presenting the same, to the treasurer of excused from the state, at any time in the month of May, in any year, milita! 7 dut .T- and paying the said treasurer, the sum of six dollars, for the use of the state, he shall give a certificate thereof, to such Friend, Shaker, or Quaker ; and upon the same being presented to the Commanding officer of the compa- ny, within the limits of which such Friend, Shaker, or Quaker resides, on or before the last day of said May, such Friend, Shaker, or Quaker shall be excused from arming and equipping himself, and doing military duty, for the year following. SECT. 30. The commanding officers of the several re- giments, shall call out the commissioned and non-corn- Commanding missioned officers of their said regiments, one day, and if officers of re- they judge it expedient, two days, either in the month of S imeuts "**> August or September, for exercise and discipline in arms,, cersfor exer- previous to any regimental or battalion review, or pa- cise, &c. rade ; and when so called out, the. non-commissioned 44 346 Title 67. Militia. Fine for non- officers shall be liable to a fine of four dollars, for each appearance. ^, Q f non-appearance at such time and place of exer- cise; which fine may be imposed by the said commanding officers of the regiments, respectively, under the same provisions and restrictions, as are contained in the twen- ty-third section of this act. How a place SECT. 31. It shall be the duty of the commanding offi- of parade is to cer of each compan} r of infantry, to establish a place, or be established. pi aces o f parade, for their respective companies, within the limits thereof; and if a part of any company shall consider themselves aggrieved, by any such establish- ment, they may apply to the commanding officer of the regiment, who shall appoint a board, consisting of three disinterested captains, belonging to his regiment, to view, at the expense of the applicants, the local situation of said company ; first giving notice of the time and place of their meeting, for that purpose, to the commanding officer thereof: and such board, after having viewed the local situation of said company, shall fix and determine the place or places, for their parade, and make report in writing of their doings in the premises, to the command- ing officer thereof, who shall cause the same to be record- ed in the orderly book of his company. Officers to fur- SECT. 32. Each commissioned officer shall furnish him- nish themselves self with the rules of discipline, approved and established with the rales by congress, in their act, passed the twelfth of May, one of daphne. '* ' Proceedingsin SECT * 33 The captain-general, or in his absence, the case of alarm, nex * commanding officer, is hereby authorized and em- &c. powered, on an alarm, invasion, or notice of the appear- ance of an enemy, either by sea or land, to order the whole, or any part of the militia to assemble, and the same to lead, order, or employ, for the assistance, or relief of any of the inhabitants of this state, attacked by an ene- my, or in danger thereof; and, generally, to issue and pub- lish such orders, as he shall judge expedient, to carry in- to execution the intent and design of this act ; and all subordinate officers are hereby required to yield entire obedience thereto. And the officers severally comman- ding divisions, brigades, regiments, battalions and compa- nies, are hereby vested with the same authority, within their respective commands ; but, when any of them find it necessary to order out the force under his command, he shall, forthwith, dispatch intelligence, and the occa- sion thereof, together with an account of his movements and operations, to the captain-general, or any other of his superior officers, as may be deemed most conducive to the public safety ; and the officers receiving such in- telligence, shall observe the same line of conduct, in or- Title 67. Militia. 347 ce thereof to the respective division-inspectors, or brigade-majors, who shall detail and notify said officers, and return make to Dutyofdivis- the adjutant-general's office. In a division court-mar- ion-inspector, tial, the division-inspector, or an aid-de-camp, under the in case of a direction of the major-general, ordering said court, shall division court- , .., , -/ i i. 101 ai martial. detail and notify the general officer or officers, and appor- tion the other officers to each brigade, and give notice thereof to the respective brigade-majors, who shall detail Title 67. MWtia. 351 and notify the field officers, required of their brigades, and return thereof make, to the olfice of the major-gene- D of fari ^ ral ordering said court. For a brigade court-martial, the a de-major, in brigade-major shall detail and notify the field officers re- case of a brig- quired to serve on said court, and apportion to the seve- ade curt- ral regiments, in said brigade, the number of captains and subalterns of each regiment, and notify the respective adjutants; and the adjutants of each regiment shall de- tail and notify them, and return thereof make to the brig- ade major ; and if the officer to be tried be a general of- Officer accus- ficer, he shall be furnished with a copy of the order for ed J be (r- said court, and a copy of the charges in arrest, by the ad- "opies jutant-general, or a division or brigade-inspector, as the captain-general shall direct, thirty days before the sitting of said court, inclusive; who shall also make return >jt~ ^^7^ thereof, with the names of the officers composing court, to the judge-advocate of the court; and if he of, or under, the rank of a field officer, he shall be f nished with like copies, twenty days before the sitting of the court, inclusive, -by a brigade-inspector, or adjutant of the regiment to which the arrested officer belongs, as the officer ordering the court shall direct, who shall re- turn the same, and the names of the officers composing the court, to the judge-advocate of the court ; and it shall Judge-advo- be the duty of the said judge-advocate, to sumrnon, or cale to sum- cause to be summoned, such witnesses on the part of the state, as may be necessary, by subposna, signed by the officer ordering the court, or the president thereof, or the said judge-advocate ; and the accused shall be entitled Accused enti- to the like process, to enable him to procure the attend- tled t process ance of his witnesses, which process may be served by the for Wltnesses - judge-advocate, or by any disinterested person, by him deputed. The members to compose the court, shall be Members of detailed by seniority, in a regular rotation of duty ; and J e e ta -? u d rt ' how all charges in arrest, shall be made out in due form, by charges in ar- way of complaint, and signed by the party complaining, rest, how addressed to the officer whose duty it is to order the made out. court ; specifying the act or neglect, of which the accus- ed is supposed to be guilty, and praying due process, be- fore said officer shall order a court-martial, for the trial of the accused officer. The members of the court, before they enter upon the trial of any person accused, shall take the following oath, to be administered by the judge- advocate, to wit: " You swear, that you will truly try Oathoftbe and determine, according to the evidence given in court, mem' . rsoi the matters depending between this state, and the offi- th e court, cer 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, pursuant to law ; neither will 352 Title 67. Militia. y h ou, at any time, disclose the vote or opinion of any mem" er of the court, unless required by due course of law : So help you Go n g to orders and notice given him, he shall, by said court, iered. be sentenced to pay a fine, not exceeding two hundred Title 67. Militia. 353 dollars, and be cashiered, with disability of ever holding any military office in this state, unless prevented by sick- ness, or some other reasonable cause, in which case, the court shall have power to adjourn, and notice thereof shall be given, by the judge advocate, to the arrested offi- cer, at least ten days before the day to which the court is adjourned. And the fines imposed by said courts-mar- Fineg &c how tial, shall be to and for the use of this state, and shall be collected and collected by a warrant, under the hand of the president disposed of. of the court, directed to a sheriff, or some other proper officer, and be by him paid to the state treasurer. And in Warrants for all cases in which a line or costs shall be awarded, by a fines, &c. to court martial, and the sentence of such court shall be .be signed by approved, and the president of such court shall die, be discharged or promoted, without having issued a warrant for such fine or costs, it shall be the duty of the member ot said court remaining next in rank to said president, to issue such warrant. SKCT. 43. If any witness, duly summoned, shall refuse Witnesses re- to obey such summons, he shall be committed to gaol, in ten'd^tobeVm the county where he lives, by warrant from the president prisoned, of the court, directed to a sheriff, his deputy or a consta- 1) .within their respective jurisdictions, there to be held at his owii expense, until he will conform, and give evidence, in the case, or be discharged by due course of law. And all witnesses, summoned on the part of the state, and the Fees of wit- judge-advocate for summoning them, shall, for travel and nesses, c. attendance, have the same fees as are allowed in civil causes, to be taxed by the president of the court ; which expenses shall b^ paid to the judge-advocate, by the state, faow aW and when received, be, by him, paid over to the persons, to whom the money is due. And if the sentence of the court is against the accused, and the same shall be duly approved, the said expenses shall, by warrant, under the ha. -id ot the president of the court, directed in manner afore.-aid, be collected of the delinquent, and paid into th slate treasury. And the members of said court slmii be allowed nine cents per mile, for travel to and f]n : ;i the place of holding said court, and one dollar COU rt. per day, for each day during its sitting ; and there shall be allowed to the person, in whose house the court is Room-rent, hoiden, not exceeding two dollars per day, in full of & c - room-rent, fire-wood, arid candies ; and a bill of the same 1) sing taxed and signed, by the president, shall be paid fro:n the state treasury ; and the judge-advocate shall be Com ensation allowed twenty-five cents for every legal page of the O f the judge" copy of the proceedings, and record of the court-martial, advocate for to be taxed i the same manner. The senten- c P ies ' &c> cesof courts-mariiaishall be approved, or disapproved, bv 4.5 Title 67. Militia. Sentence to be the captain-general, who shall also have the power of mitigating, or remitting, any punishment, awarded by the sentence of any court-martial, when such sentence shall tain-general, have been approved ; and the record of the proceedings Record to be and sentence of courts-martial, in every case, with the deposited in orc i er approving or disapproving the same, shall be de- office.^ a posited in the office of the secretary of state. SECT. 44. Every person, who shall remove from any other state, into this state, shall be liable to do duty in the militia thereof, at the same time, and in the same manner, as if he removed from the limits of one compa- ny into those of any other, within this state. SECT. 45. No person liable to perform military duty, in any enlisted company, and no person under thirty years of age, shall be exempted from doing military duty, by serving as a fire-man, in any company, constituted to con- duct and work a fire-engine. What officer*- SECT. 46. All general officers and their staff, the adju- shall do duty tant .general, the quarter-master-general, and his assist- on horse-back. , . & . . ? ants, the commissary-general, and his assistants, the pay- master-general, all field officers, and adjutants, and quarter-mastejrs, shall do duty on horse-back ; chaplains, pay-masters and surgeons, may, on days of general re- view, appear on horse-back ; and all other officers of '*' infantry, artillery, and rifle-men, shall do duty on foot. An officer de- SECT. 47. If any person holding a commission in the removed 3 ,! 1 ? militia of this state ' and detached to hold himself in read- another officer iness for service, by virtue of an act of the United States, to be detached has been, or, during the period for which the detachment in his stead. j g ma( j e; s h a ll be, removed by death, disabled, promoted, or discharged from such detachment, the commander in chief of the militia, shall have authority to cause some other proper officer of the militia, to be detached to serve in the stead of the officer so removed, disabled, discharg- ed, or promoted. Colors, how SECT. 48. Whenever colors shall be wanting in anj to be furnish- re gi men t, they shall be furnished by the quarter-master- general, with the approbation of the captain-general, upon application being made for that purpose, by the commandant of the regiment. Supernumera- SECT. 49. If upon any reorganization of the militia, or ry officers to reduction of any corps thereto belonging, there shall be rank n &c. eir supernumerary officers, they shall not be considered as dismissed, but shall retain their rank, be considered in the tine of promotion, and be liable to fill any vacancies that may happen, at the discretion of the captain-gene- ral. guard^hOTv* SECT. 50. The commanders of the several companies enlisted. of guards, are hereby authorized, with the approbation Titk 67. Militia. 355 of the captain-general, to enlist men, from time to time. to fill their companies, from any of the battalion compa- nies ; and said commanders of the guards, are hereby severally empowered to enlist, from time to time, as may be necessary, from any of the militia companies, suitable persons to be musicians for their companies, respectively ; but no enlistment shall be thus made, from any militia company, of any person appointed and acting as a musi- cian in such company. SECT. 51. The commanding officer of any company of Commander of guards, shall have power to order the musicians, or any guards may part of them, belonging to his company, to assemble at ^g^ 8 ^. such times and places as he shall direct, for practice and b i e f orp rac- instruction, not exceeding, together with the number of tice,c. days such musicians shall be called to do duty with their company, the whole number of days which said company may, by law, be called out for company exercise ; aftd if any musician shall neglect or refuse to obey such order, he shall be liable to the same fine as is, or shall be, pro- vided by law, for non-attendance on days of ordinary company exercise ; and such musician shall have the same right to appeal, as is given to him by law in other cases. SECT. 52. The commanding officer of any company of Power to dis- guards, is hereby authorized and empowered, to dismiss ards m from his company every non-commissioned officer, musi- cian and private, belonging thereto, who shall be guilty of gross neglect of duty, disobedience of orders, or unsol- dier-like behavior; and thereupon, the person so dismis- sed shall be liable to do military duty in the same man- ner, as if he had never enlisted into such company of guards ; and upon notice of such dismission, by the officer giving the same, to the commanding officer of the militia company, within the limits of which the person so dismis- sed, shall reside, it shall be the duty of such commanding officer, to cause such person to be enrolled in his compa- ny, immediately. But if any such non-commissioned offi- cer, musician, or private, shall be aggrieved, by being dismissed as aforesaid, he may, within thirty days, after receiving notice of his dismission, appeal to the captain- general, who is hereby authorized to examine into the matter, and finally to annul or confirm such dismission. SECT. 53. The captain-general is hereby fully author- Power of the j/e.d and empowered, to establish uniforms for such corps, ca P*ain-gen- as have not an uniform established according to law ; to to^riform T" designate badges for all officers of the militia, which badg- bad\ warrant from lawful authority, to such labor as they shall be capable of doing, and as shall be directed by said o\ that nothing in this act contained shall be construed to vary the jurisdiction of the court, in relation to the maker of such promissory note ; and provided also, that as to bills of tms 11C * s ' ia " no * ^ e Con8t rued to authorize any person credit. or persons, to issue bills of credit, to be used as a general currency, or medium of trade, in lieu of money. In what cases, SECT. 2. Whenever any bill of exchange, hereafter to be drawn or negotiated within this state, upon any person or persons, of, or in any state, territory, or district of the United States, shall be returned unpaid, and shall have been duly protested for non-payment, in the manner usual in cases of foreign bills of exchange, the person or persons to whom the same shall or may be payable, shall be entitled to recover and receive of and from the draw- er or drawers, or the endorser or endorsers, of such bill of exchange, the damages hereafter specified, over and above the principal sum for which such bill of exchange shall have been drawn, together with lawful interest on the aggregate amount of such principal sum and damages, from the time at which notice of siu h protest shall have been given, and the payment of the said principal sum and damages shall have been demanded ; that is to say, if such bill shall have been drawn upon any person or persons of, Rates of dam- or in the city of New-York, in the state of New- York, a S es< two per cent upon the principal sum specified in such bill ; if upon any person or persons of, or in the states of Title 71. Nuisances. 361 New-Hampshrre, Vermont, Maine, Massachusetts, Rhode- Island, New- York, (excepting the city of New- York,) New-Jersey, Pennsylvania, Delaware, Maryland or Vir- ginia, or of or in the district of Columbia, three percent upon such principal sum ; if upon any person or persons of or in the states of North-Carolina, South-Carolina, Ohio, or Georgia, five per cent upon such principal sum ; or if upon any person or persons of or in any other state, territory, or district of the United States, eight per cent upon such principal sum ; such damages, so to be recov- ered and received, to be in lieu of interest, and all other charges, to the time at which the notice of such protest and demand of payment as aforesaid shall have been made and given as aforesaid ; and the amount of such bill, anl the damages payable thereon, as above specified, shall be ascertained and determined without any refer- ence to the rate of exchange existing at the time of such notice and demand of payment as aforesaid, TITLE 71. Nuisances. An Act to prevent and remove Nuisances in Highways, Rivers, and Water-courses. IT) E it enacted by the Senate and House of Rep- CT. . J^ resentatives, in General Assembly convened, That if any person or persons shall lay, or cause to be What shal} laid, in any highway, stones, trees, timber, wood, rubbish, constitute a or any other thing, or shall dig up the ground, or shall set mnsance - up any gates, bars, rails or fence across such highway, or erect any buildings therein, by which the passage of trav- ellers shall be obstructed, prevented, or endangered, or such highway annoyed, or in any way incumbered, the same shall be deemed a common nuisance, and it shall be lawful for any person or persons to remove them as such ; and every person so offending, shall forfeit the sum of p four dollars, one half to him who shall prosecute to effect, and the other half to the treasury of the town where the offence is committed : and the court before whom a con- viction is had, shall order the defendant to remove such R f nuisance within thirty days, and on failure thereof, the nuisances. same shall be removed, by any constable of the town, at the expense of the defendant ; and such court may ascer- tain and tax such expense, and issue an execution for the same : provided, that this act shall not be construed to Provis*. extend to turnpike gates, buildings and fences, authorized to be erected by the general assembly. 46 362 Title 71. Nuisances. Encroach- SECT. 2. If any person has, within the space of fifteen ways how vears P rior to the first d . a ? of June ' one thousand eight removed. hundred and nine, or since that time, taken, or shall take, any part of a highway into his field or inclosure^ or erect any fence thereon, in such manner that said highway is made narrower than before, the select-men of the town wherein the offence is committed, or a committee appointed by the town for that purpose, (and every town is hereby authorized to make such appoint- ment,) are directed and empowered to give notice or warning to the person or persons so offending, to remove such fence or encroachment, within a reasonable time, not exceeding one month after such notice ; and if they neglect to remove such fence or encroachment, then the select-men, or committee, shall remove the same, and shall have right, in a proper action, to recover the ex- pense thereof, from the person or persons making such encroachment. Penalty for SECT. 3. If the person who erected the encroachment repeating the so removed, shall take in, by a fence, the same, or a greater or less part of the highway, where his fence has been removed as aforesaid, he shall incur the penalty of seven dollars, for every such offence, as often as repeated, one half to the select-men, or committee, who gave the warning and removed the fence, and who shall prosecute to effect, and the other half to the treasury of the county where the offence is committed ; and where the prosecu- tion is against the owner of the inclosure into which the highway is taken, he shall be deemed guilty thereof, on proof that part of the highway has been so inclosed, unless he can satisfy the court, that it was not done by him, or by his procurement or consent. And when such fence has once been removed, it shall be lawful for the select-men, or committee, to remove it, as often as it shall be erected again, without further notice or warning. Obstructing or SECT. 4. If any person or persons shall dam, stop or diverting wa- obstruct any river, brook, stream, or run of water, or di- vert tne same ^ rom its natural c urse, to the prejudice of any person, (without liberty from the town, where such town has a right to grant it,) such obstruction shall be deemed a common nuisance, and may be removed as such ; and the person or persons so offending, shall forfeit Penalty. and pay one dollar per week, for every week such nui- sance shall continue, one half to him who shall prosecute to effect, and the other half to the town-treasury where Proviso, as to the offence is committed. Provided, that this act shall dams. not be construed to extend to any dam for a mill or other use, whereby no special damage accrues to any person : and if any person or persons shall remove, break, or in- Title 72. Oaths. 363 jure a mill-dam as a public nuisance, and in an action brought for the same, it shall appear not to be a public nu'isance, he or they shall pay to the party aggrieved double damage and double costs. Provided also, that this Proviso, as to act shall not be construed to extend to any right claimed right by use. by use and possession for fifteen years, agreeably to the principles of the common law. SECT. 5. No person shall, from any ship, vessel or boat, Ballastnot to cast out any ballast, or other heavy material, into any be thrown into channel, or other place, that will obstruct or incommode harbor.^ the navigation of any river or harbor within the state, upon penalty of forfeiting seventeen dollars to the use of Penalty. the town where the offence is committed. SECT. 6. No person or persons shall cast, or cause to Whatobstruc- be cast, into Connecticut river, any ballast, or other tins in Con- heavy materials, from any ship, vessel or other water- "^ c " 4 riv . er craft, nor sink, nor cause to be sunk, in s said river, any tute a nui- stone or timber, or other materials, for the purpose of sance. obstructing the water, or turning it from its natural course, or for the purpose of rnaking any island or islands in said river, or increasing the magnitude of such as have been formed : and every person so offending shall be deemed Punishment. to be guilty of a nuisance, and, on conviction, shall be sentenced to pay the expense of removing the same, and shall further be punished by fine, at the discretion of the court, not exceeding five hundred dollars : Provided, that Proviso, pro- this act shall not be construed to impair any right or privi- tectmg certain lege, granted, by act of assembly, to the Union Company; or ns 8 ' the right of wharfing, already vested in individuals ; or the right of securing the lands of proprietors adjoining the TITLE 72. Oaths. An Act prescribing the forms of certain Oaths, to be used in this State. TJE it enacted by the Senate and House of Rcpre- *J3 sentatives, in General Assembly convened, That Forms of oaths the several forms of oaths herein prescribed, be and the established, for same are hereby established, to be taken by, and admin- istered to, the several and respective officers and persons, for whom they are appointed, as follows, to wit : For Electors. Elector! SECT. 2. You A. B. do solemnly swear, (or affirm, as the case may be,) that you will be true and faithful to the state of Connecticut, and the constitution and goverment 364 Title 72. Oaths. Examiners 01 electors. Treasurer, secretary, comptroller, -constables. O rand-jurors. Jurors in crim- inal cause?. Jurors in civ- il causes. thereof, as a free and independent state, and to the con- stitution of the United States ; and whensoever you shall be called to give your vote or suffrage, touching any mat- ter 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 Examiners of the qualifications of Electors. SECT. 3. You do solemnly swear, (or affirm, as the case may be,) that you will faithfully discharge, according to law, the duties of the examiners of the qualifications of electors, to the best of your abilities : So help you God. For the State Treasurer, the Secretary, the Comptroller,and for Constables. SECT. 4. 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 Con- necticut, 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. For Grand-jurors impanneled in court, SECT. 5. You do swear, by the name of the everliving God, that you will diligently enquire after, and due pre- sentment 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 un- presented, from love, fear, or affection, or in hope of reward ; but you will present cases truly, as they come to your knowledge, according to the best of your un- derstanding, and according to law : So help you God. For Petit-jurors in criminal causes. SECT. 6. You swear, by the name of the everliving God, that without 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. For Petit-jurors in civil causes. SECT. 7. You swear, that you will well and truly try the issue or issues, now to be given you in charge, be- tween the plaintiff and defendant, or plaintiffs and de- Title 72. Oaths. 366 fendants, 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, till you deliver it up in court : So help you God. For a Jury of Inquest. Jury of m- SECT. 8. You' swear, that you will diligently enquire, quest. and true presentment make, how and in what manner, the person, whose body shall be before you, came to Ms death ; and that you will deliver to the nextjustice of the peace, a true verdict thereof, according to such evidence as shall be given you, and according to your own knowl- edge : So help you God. For Witnesses. Witnesses. SECT. 9. You swear, that the evidence you shall give to this court, concerning the case now in question, shall be the truth, the whole truth, and nothing but the truth : So help you God. For Clerks of Superior and County Courts, mutatis mutan- Clerls of dis. * perior and SECT. 10. You, A. B. being appointed clerk of the county court?. court, do swear, that you will faithfully execute the duties thereof, according to your best skill, and accord- ing to law : So help you God. For Clerks of Probate. Clerks ofprc- SECT. 11. You, A. B. being appointed clerk ot pro- hate. bate, for the district of , do swear, that you will faith- fully execute the duties of said office, according to your best skill, and according to law : So help you God. For Town-Clerks. , .. SECT. 12. You, A. B. being chosen to be town-clerk of the town of , do swear, that you will faithfully exe- cute the duties of said office for said town, according to your best skill, and according to law : So help you God. For Fence-viewers, Leather-sealers, Gangers, Grand-ju- rors, Sealers of Weights and Measures, Tything-men, Surveyors of Highways, Inspectors and Surveyors of Provisions, Haywards, Town-Treasurer s,Socicty-Treas- 366 Title 72. Oaths. urers, Scavengers, Commissioners of Sewers, fyc. fyc. mutatis mutandis. SECT. 13. You swear, that you will faithfully and im- partially, execute the duti es of the office of , with- in the limits whereunto you are appointed, for the year ensuing, and until another be chosen in your place, and sworn ; and that you will, in every particular, conduct therein, according to law : So help you God. Assessors, &c. For Assessors, Members of the Board of Relief , and Mem- bers of the Board of Equalization. SECT. 14. You swear, that you will truly, faithfully, and impartially, discharge the trust reposed in you, ac- cording to your best judgment, and according to law : So help you God. Attornies. For Attornies. SECT. 15. You 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 Society -Clerks. SECT. 16. You, A. B. being chosen clerk of this soci- ety, do swear, that you will faithfully execute the duties of such clerk, according to your best skill, and accord- ing to law : So help you God. For Appraisers of Land on execution. SECT. 17. You, A. B. C. D. &c. do swear, that, with- out partiality, prejudice, or any sinister motive, you will appraise the land that may be presented to you, according to the present, true and just value thereof, to the creditor, or creditors, who are to receive the same, according to your best judgment, and according to law : So help you God. . . f For Appraisers of deceased persons' 1 Estates. JSS. " SECT. 1 8. You, A. B. C. D. &c. do swear, that, without partiality, or prejudice, you will justly appraise all such estate, both real and personal, of the deceased J. S., ?is shall be offered to you, according to the present, Society clerks. Appraisers of land on execu- tion. Title 72. Oaths. 367 true value thereof in money, and according to your best judgment : So htlp you God. For Distributors of Estates. Distributors ot SECT. 19. You swear, that you will, according to your estates, best judgment and discretion, faithfully divide and dis- tribute the estate of A. B. deceased, according to his last will and testament, or according to the order of court now given you : So help you God. For a Committee to lay out or alter Highways, fyc. Committee to SECT. 20. You swear, that you will, according to your la ^ ou t high- best skill and judgment, and according to the precept w by which you are now summoned, lay out the way therein mentioned, with most convenience to the pub- lic, and least prejudice to individuals ; and that you will justly estimate, to each individual, the damage which may be done to his property thereby : So help you God. For a Jury to reassess damages, on an Highway, &c. Jury onhijh- SECT. 21. You swear, that you will make a just and Wa 7 s - impartial estimate of the damages, which you are sum- moned to reassess, according to your best judgment : So help you God. For a Jury to enquire into Forcible Entry and Detainer. Jury offorci- SECT. 22. You swear, that you will well and truly ble entr >'' &c enquire of the forcible entry, or forcible detainer, ,now complained of, and return a true verdict thereof, ac- cording to the evidence given you in court : So htlp you God. For County Surveyors. County sut- SECT. 23. You. A. B. being appointed surveyor of ve y ors lands in the county of H. , do swear, that you will faithfully attend to, and discharge the duties of your said office, without favor, or respect of persons : So help you God. For Chainmen, assisting a Surveyor. Chainme*. SECT. 24. You swear, that you will faithfully perform the service to which you are called, as assistants to the surveyor ; and that you will keep a true account of all lines and measures by you taken, and the same report to said surveyor, at his request, according to your best skill and judgment : So help you God. 368 Title 72. Oaths. Commission- For Commissioners on Insolvent Estates. Testate!" SECT ' 25< You swear ' that y u wil1 faithfull 7 and im- partially, examine the several accounts and claims of the creditors of the estate of the deceased A. B. rep- resented insolvent, as shall be presented to you for that purpose, and the evidence relative thereto ; and make a true list of what you find justly due to each of said creditors, and present the same to the judge of probate, according law : So help you God. Voir dire oath. Voir dire Oath. SECT. 26. You swear, that you will well and truly answer to such interrogatories, as shall be put to you under the direction of the court, not immediately relat- ing to the merits of the cause now in question : So help you God. For Auditors of State Accounts. SECT. 27. You swear, that you will faithfully audit the accounts of the state, with the treasurer, and render to the general assembly, a true statement of your do- ings relative thereto, according to law : So help you God. For Auditors, in actions of Account and Book-debt. SECT. 28. You swear, that you will faithfully exam- ine and adjust the accounts referred to you, and award thereon, according to your best skill and judgment : So help you God. For Arbitrators and Referees, appointed by Court. SECT. 29. You swear, that you will faithfully adminis- ter justice between the parties, in the case submitted or referred to you, according to law, or equity : So help you God. For Committees, appointed by Courts of Chancery. SECT. 30. You swear, that you will faithfully inquire in- to the facts that may be presented to you, and faithfully and trully report the same to the court, pursuant to your appointment : -So help you God. For Clerks of the House of Representatives, and of the Senate. SECT. 31. You swear, that you will faithfully execute the office whereunto you are appointed : So help you God. Whatceremo- SECT 3 U 2 ' The ceremony ordinarily to be used by per- ny to be used, sons to whom an oath is administered., shall be the hold- Title 73. Paupers. 369 ing up of the right hand, as has been accustomed ; but when any person, by reason of scruples of conscience, shall ob- ject to such ceremony, he shall be permitted to use any proper ceremony to which he has been accustomed, in such cases, or such as the court, or authority, by whom the oath is to be administered, shall direct. SECT. 33. Whenever any person, required by law to Whenaffirma- takethe oath prescribed for witnesses, shall decline to take J^JJJJ be d it, in the usual form, from scruples of conscience, a solemn affirmation may be administered to him, in the following form : You, A. B. do solemnly, and sincerely affirm and declare, that the evidence you shall give to this court, con- m n f o? r ~ cerning the case now in question, shall be the truth, the witnesses. wholeHruth, and nothing but the truth ; upon the pains and penalties of perjury. And in every other case, an affir- mation may be administered in the form of the oath pre- scribed, except that instead 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. And if any person making such solemn affirmation, shall be lawfully Penalties of convicted of having wilfully,falsely and corruptly, affirmed, "^b^ aTalse any matter, which, if the same had been declared under affirmation* 5 oath, in the usual form, and with the usual ceremony, would have amounted to wilful and corrupt perjury, such person, so offending, shall incur the same penalties and forfeitures, as by law are enacted against wilful and corrupt perjury. TITLE 73. Paupers. CHAP. I. An Act to provide for the support of Paupers. , FJE it enacted by the Senate and House of Rep- -SECT* 1 - - - - KJ resentatixes, in General Assembly convened, That when any person shall, by age, sickness, insanity, or What rela- any cause, become poor, impotent and unable to support K on ^ are lia " and provide for himself and family, and has relations, who O f pauper? 01 stand in the degree or line of father and mother, grand-fa- ther and grand-mother, children and grand-children, who are of sufficient ability to do the same, then it shall be the duty of such relations to provide for his support; and if such relations shall refuse or neglect to do the same, then, on ap- plication to the county court, in the county where such per- Remedy &- son lives, by the select-men, or one or more of such rela- gainst rela- tions, and on giving due notice, said court may order such ^"provide"" 6 relations to pay and contribute to the support of such poor support, and impotent person, from the time of such application, such sum as they shall deem to be reasonable and necessary, and may issue execution, quarterly, for the same, to be de- livered into the hands of the select-men, for that purpose. -i70 Title 73. Pauper*. Whatdescrip- SECT. 2. All poor and impotent persons, who have not Slbe P 8u S p- nS estate sufficient fp r their support, and have no relations ported by the of sufficient ability, who are obliged by law to support town, them, shall be provided for, and supported, at the expense of the town where they belong. And it shall be the du- ty of every town to maintain and support all the poor in- habitants belonging to the town, whether residing in it, or in any other town in the state. Select-men to SECT. 3. The select-men of each town, shall be overseers be overseers of of the poor ; and it shall be their duty, at the expense of the They'd' tv town ' to provide for all paupers belonging to it, food, cloth- u ^' ing, fire-wood, and all other articles necessary for their sub- sistence ; and to draw orders on the treasurer of the town for the payment thereof ; and to render an account to the town of such expenditures, when required. Paupers liable SECT. 4. Paupers shall be liable to be removed to such to he removed pl aces to be supported, as the town or select-men may di- ofsupporl OSe rect > and sba11 be subject to the orders of the select-men, or persons contracted with, to support them. No individ- viduaJs a-" 1 *~ ua ' sba ^ nave an j demand against a town for supplies or gainst the assistance furnished to a pauper, against the express direc- town. tion of the select-men ; nor before he has given notice to one of the select-men of the town where the pauper re- sides, of the condition of such pauper. Duty of select- SECT. 5. It shall be the duty of the select-men of every en ^ fumisn town, whenever a person, not an inhabitant of such town, re- sidingtherein, shall become poor and unable to supporthim or her self, to furnish such pauper, such support as mav be necessary, as soon as the condition of such pauper shall P alt fo come to their knowledge ; and each select-man neglecting neglect *** such duty, shall forfeit the sum of seven dollars, to him who shall prosecute for the same to effect. The select-men of Notice, in every town in which a pauper belonging to another town is what case, chargeable, shall give notice to the town to which the pau- and withm perbelongs,of his condition, within five days after they shall he giTenT' ' have obtained knowledge of the town to which he belongs, where such town is within twenty miles of the town where such pauper resides ; and in all other cases, within fifteen days ; and where the select-men have knowledge of the town where such pauper belongs, such town shall not be liable for any expense but for the time in which notice is Limitation of required to be given as aforesaid ; and such town shall not 9u ar ort f r ke l' ab le to pay at a greater rate than one dollar per week for the support of a pauper, in lieu of all expenses. And a What shall be letter put in the mail, stating the name of the pauper, and dencTo^nT tbat ne ' s chargeable, signed by one of the select-men of the tic e . town where he resides, directed to the select-men of the town where he belongs, where there is a post-office in the town, or if none, then directed to be left at the nearest post-office to such town, shall be sufficient evidence that Title 73. Paupers. 371 notice was given, at the time such letter would reach the select- men, to whom it shall be directed, in the usual Actual notice. course of the mail : and actual notice in writing, sent in any other mode, shall he sufficient. SECT. 6. Every town incurring necessary expense, R j ght0 f re . pursuant to this act, for a pauper belonging to another covery by one town, shall have right to recover the same from such town, town against as is provided in the preceding section of this act, by a another - proper action at common law. SECT. 7. When any person having a legal settlement Persons hav- in any town in this state, shall remove out of the same, mgaseitle- and gain a legal settlement in another state, and shall af- ^ e '"nd'af- terwards return to this state, and become poor and una- terwardsin ble to support himself, the town where he had his last le- another state, gal settlement in this state, shall be chargeable with his ^LSTby' support. whom to be SEI.T. 8. The several towns respectively, or any two supported, or more towns, by their agents, appointed for that pur- Power of pose, shall have power to establish asylums, or poor- towns to es- f 1-- c i ji-.j tabhsh poor- houses, for the admission of such poor and destitute per- houses ; sons as may be judged proper, and to ordain and estab- lish such by-laws as may be proper, relative to the per- and ordain sons to be admitted into such houses, and for the well or- by-laws. deriug and governing thereof; not contrary to the laws of this state, or of the United States: Provided, that such p rov iso. by-laws may, at any time, be repealed, by the superior court, if. by said court, deemed unreasonable or unjust. CHAP. II. An Act providing for the support of State Pau- pers. - T3 E it enacted by the Senate and House of Rep - " .JD resentatives, in General Assembly convened, That the state shall reimburse to any town the* expense what descrip- incurrcd in relieving and supporting any sick and indigent tion of paupers person or persons, not inhabitants of this state, and who sha11 , b S "P~ do not belong to any town in this state, and are not by state. ^ law the proper charge of any town or particular person, i ;iie not exceeding, in any case, the sum of one dol- lar per week, for all persons over fourteen years of age, and fifty cents, for children under that age. . 2. No town shall be entitled to such reimburse- ment, for the support of any person born in this state, or an adjoining state, or of any person who shall heretofore, at any time, have been an inhabitant of any town in this state. 372 Title 73. Paupers. When the per- SECT. 3. Whosoever shall entertain any person, not an ins rpauptr' innabilant f any town in this state, for the space of four- shall bear the teen days, and the said person shall, when so entertained, expense. be reduced, by sickness, or other cause, to necessitous circumstances, so as to need relief, the person so enter- taining him, shall sustain the charge thereof, unless he shall have, within fourteen days, given sufficient notice to the select-men of the town, in which such person is so Under what entertained ; and in that case, it shall be defrayed by the circumstances state, unless the person so entertained has relations of be^u^orted" sufficient ability, and by law bound to support him. by thelrtate, And all expense incurred in the support of such person, within the term of three mouths, from the time of his coming to such town, (in case he shall, within said term of three months, have been warned to depart said town,) shall, in like manner, be defrayed by the state ; and all expenses, that may arise in support of such person, sub- sequent to the said term of three months, on account of sickness or lameness, which shall have commenced within said term of three months, and which shall have contin- ued beyond the said term, to such degree as to render it unsafe to remove such person, shall, during the- continu- ance of such sickness or lameness, be defrayed by the state ; and all subsequent expenses shall be defrayed by and by the sucn town, during his continuance therein : provided, the sum allowed shall not exceed one dollar per week, for persons over fourteen, and fifty cents per week, for chil- dren under fourteen. "Where person SECT. 4. If any town shall incur any expense, in reliev- not belonging . f J . f , .. ' ,, to any town m in g anc * supporting a person not an inhabitant of any the state, has town in this state, and who has had his home, and resided resided six j n an y town in this state, during the six years next pre- town S without ceding the time of incurring such expense, without being being charge- chargeable to the state, such expense shall not be reirn- R ?ii the u st * te bursed from the treasury of the state, but shall be de- bkfoThissup- f ra y ed b )' the town in which such residence shall have port been last had, at the time of affording the relief. Such person SECT. 5. The select-men of any town, into which a may be re- person not an inhabitant of any town in this state shall moved. come to reside, ma), at any time within six years from the coming of such person into their town, remove such person to the town in which he shall have last resided. and had his home, as is before provided in this act ; and for that purpose, such select-men shall have power to pursue any of the means provided by law, for the removal of persons not inhabitants of this state. SECT. 6. All accounts payable by law from the treasury Su < P < p f ort O f* f the state for the support of poor and indigent persons, state paupers, shall be liquidated and adjusted by the comptroller of Title 73. Paupers. 373 public accounts, on the application of the select-men of tobelijuidat- the town in which the expenses shall have arisen. comptroller- SECT. 7. And the justness and reasonableness of such and verifie( j' accounts, before they are allowed, shall be verified, at by oaths of least, by the oath of a major part of the select-men in select-men, the town, certified by a justice of the peace. And the select-men shall also exhibit, and lodge with the comp- troller a certificate, subscribed and sworn to, by at least Certificate. a majority of them, stating, as far as is known to them, when and from whence such poor and indigent person came into the state, and into such town where he or she has resided, and whether any other town or person in the state is liable for his or her support ; also, further stating the time when such person was warned to depart from such town; and that the expense charged was incurred for sickness or lameness, which happened within the first three months from his or her coming into' the town ; or if afterwards, that during the whole of his or her continu- ance in such town after the expiration df said three months till relieved, such person could not safely be re- moved from such town. SECT. 8. And if, on examination, the proofs and exhib- Comptroller, its made shall conform to the provisions of law, and the if satisfied comptroller shall be satisfied with the truth of the same, with proofs, to he shall draw an order on the treasurer for the payment d ^J[J? ri of such sums as shall be found to be reasonably and justly due ; but if the proof shall not be satisfactory to him, of ot h erw i se to the justice of the claim, he may require further proof; require further and if satisfactory proof is not produced, he may reject proof. the claim. And it shall be the duty of the comptroller Comptroller to make return to the general assembly, at each session, to make return of the names of the sick and indigent persons, for whose s^r^at* 3 " support allowance has been made, and the towns in eac h session. which they resided, and the amount allowed to each per- son ; and it shall also be his duty, from time to time, as occasion may require, to devise and make known to the T O devise select-men in the respective towns, the requisite forms in forms for se- which the proofs and exhibits must be made. lect-men. SECT. 9. The comptroller of this state shall be, and he Comptroller is hereby fully authorized and empowered, from time to authorized to time, to contract with any person or persons, for any term support of * of time, not exceeding five years, for the relief and sup- state pauper? port of any such sick and indigent persons, on the best terms, not exceeding the sums specified in the first section ; and such person or persons, so contracting, shall be enti- tled to receive, at the end of every six months, the amount due on such contract. And the comptroller is hereby And to take authorized, at his discretion, to take from any town in them from the this state, the whole, or any part of the state paupers in towns. 374 Title 74. Pedlars. said town, and place the same with the person or persons, with whom said contract for their support may have been made, as aforesaid, and to adjust all demands, arising un- der said contract, and draw orders on the treasurer for the payment of the same. SECT. 10. Whenever a contract shall be made, by the comptroller, with any person or persons, for the support of state paupers, agreeably to the provisions of this act, it shall be the duty of the comptroller to take good and To take bonds, sufficient bonds, with surety, of the person or persons, frJmcontrac- who sha11 make such contract to secure the faithful fulfil- tors. ment and performance thereof, and that the persons of whom such contractor or contractors shall have charge, shall be treated with humanity, and shall have a compe- tent supply of food, and decent and comfortable clothing, and all necessary medical aid, and physic, in time of sick- TITLE 74. Pedlars. An Act to suppress Pedlars, Hawkers, and Petty- Chapman. TP|E it enacted by the. Senate and House of Rep - JQ resentaliveSi in General Assembly convened, Pedlars prohi- That no person shall trade, deal, and traffic, in this state, bitedtodealin as a pedlar, hawker, or petty-chapman, in any foreign foreign goods, goods, wares and merchandize, and which are not the pro- duce or manufacture of this, or any of the United States, Such goods to U p 0n penalty of forfeiting all such goods, wares and mer- 6 ' chandize, so by him carried about, and offered for sale ; one half to him who shall inform and prosecute to effect, and the other half to the treasury of the state. Mode of pro- SECT. 2. All goods, wares, and merchandise, so offer- ed for sale, may, and shall be seized, by any person to whom they are offered, or by any other person or per- sons ; aad shall forthwith be offered to any justice of the peace, who shall cause an inventory of them to be taken, and to be appraised, by two indifferent freeholders, under oath, at their just value in money, and who shall retain them irt his custody till final judgment. And the person or persons seizing such goods, shall make information to a justice of the peace in the, town where the goods were seized, if the value does not exceed thirty-five dollars ; if it exceeds that sum, then to the next county court, in the county where the seizure was made. And such justice of the peace, or such county court, where the information is filed, shall proceed to hear, try and determine said Title 75. Pctitimis. 375 oause ; and if they find, that such goods were unlawfully carried about, and offered for sale, contrary to this act, they are empowered to decree them to be forfeited, and order them to be sold at public vendue, and the avails to be paid in the manner aforesaid. SECT. 3. And the attornies for the state in each coun- Informing offi- ty, and all informing officers, are directed to prosecute J; to P roBe ' all breaches of this act ; in which case, the whole for- feiture shall go to the treasury of the state. SECT. 4. If any person shall trade, deal and traffic as Peddling indi- a pedlar, hawker or petty-chapman, in the articles of s and fea - indigo and feathers, such indigo and feathers shall be J^"' V * forfeited, and proceeded against, in the same manner as is provided in this act in the case of foreign goods. TITLE 75. Petitions. An Act concerning Petitions and Memorials to the General Assembly. 11 E it enacted by the Senate and House of Rep- CT * * Jt3 resentatives, in General Assembly convened, That no petition or memorial, made or preferred, by any person or persons whatsoever, to the general assem- Adverse party bly, shall be heard or considered, by said assembly, to be notified, where any other person or persons is or are concern- ed in the estate, matter, thing or things in controversy, and have right to be heard in the same, unless he, or they, so concerned, have been summoned or notified thereof, by giving or offering to him or them, or leav- ing at the place of his or their usual abode, a copy, b y copy- duly attested, of such petition or memorial, and of the summons or citation annexed thereto, at least twelve days before the day of appearance, mentioned in the said summons or citation. SECT. 2. Every summons or citation for the adverse Time of ap- party to appear and answer to said petitions or memo- rials, if returnable to the stated session of said assembly, in May, shall be for their appearance on Tuesday next after the opening of said assembly, and if returnable to an adjourned session, on the second day of the session. And every such petition or memorial shall be returned Time of re- to the secretary, on or before the day next preced- J urn to ? ecre - ing the day mentioned in the summons or citation for ar ^' the appearance of the adverse party. SECT. 3. If any person or persons preferring such peti- tion or memorial shall not appear to prosecute the same, 376 Title 76. Pews. on the said day for the appearance of the adverse party, he or they shall be non-suited. Costs. SECT - 4 - M" u P on tne tr i a l f tne case in any petition contained, it doth appear, that either the petitioner or petitioners, or the person or persons summoned to an- swer, do or have given the other party unjust trouble, the party or parties wronged, shall be allowed his or their just costs and damages, as in other cases. Whatpeti- SECT. 5. No petiton or memorial shall be preferred to may'bepre- * ne g enera l assembly, but in such case or cases, where no ferredtothe judicial court is, by law, competent to grant relief. general assem- SECT. 6. All memorials wherein no person or party is so concerne ^ or interested, as that he need to be cited, limited for entering sna ll De lodged in the secretary 's office, and entered in the memorials not docket by him kept, on or before the eighth day of the adverse. session of that assembly to which they are preferred -. otherwise, they shall not be heard. TITLE 76. Pews. An Act relating to Pews. - "K3E it enacted by the Senate and House of Rep - JL9 resentativc.s, inGcncral Assembly convened, That no grant, sale or lease hereafter made, of any pew. Grants and . .. , , , , , V leases of pews, in anv meeting-house or church belonging to a religious kow executed. society, of any denomination of Christians in this state, in fee, or for any term of time exceeding one year, shall be accounted good, and effectual in law, to hold such pew. against any other person or persons whatsoever, but the grantor or grantors, lessor or lessors, and their heirs only. unless -such grant or lease be in writing, and subscribed by the grantor or lessor, and attested by two subscribing witnesses, and acknowledged before a judge of the superi- ,p or or county court, or a justice of the peace, and record- ed e ed at length, by the clerk of such society, in a book to be kept for that purpose, whose duty it shall be to record the same, and who shall receive the same compensation therefor as town clerks, for recording deeds. One pew ex- SECT. 2. One pew, being the property of any person empted from or persons having a family, who ordinarily occupy the execution, &c. same, shall be exempt, and not liable to be taken, or dis- posed of, by any warrant or execution, for any tax or debt whatever ; nor shall the same be liable to be sold to satis- fy the demands of creditors, where the estate of such owner shall prove insolvent ; any law or custom to the contrary notwithstanding. Title 77. Post-Guides Title 7 8. Pounds. 377 TITLE 77. Post-Guides. An Act relating to Post-Guides. U E it enacted by the Senate and House of Rep~ CT * * itS resentutives, in General Assembly convened, That it shall be the duty of the select-men of the several Post-guides to towns, at the expense of their respective towns, to erect be erected by and keep up post-guides, at the corners or divisions of seect ' men - all the principal roads, leading from their respective towns, to the town or towns adjoining ; and such post- guides shall indicate, and point out the principal, and correct road, or roads, from the towns wherein they are erected, to the adjoining town or towns. SECT. 2. If the select-men of any town shall neglect to Penalty for erect post-guides, agreeably to the requirements of this "^ erectm act, such select-men shall forfeit and pay a fine, to and for the use of the county, to which said town belongs, not exceeding twenty dollars, for each month, during which said select-men shall neglect to erect any suitable post- guide, as aforesaid. SECT. 3. If the select-men of any town, in which post- Penalty for not guides have been, or shall be erected, shall neglect to keeping them continue the same, and keep the same in repair, such se- m re P air - leci-men shall forfeit and pay a fine, not exceeding twen- ty dollars, to the county as aforesaid, for every month, during which such neglect shall exist. SECT. 4. It shall be the duty of the attorney for the States' attor- state, in each county, to make information of all breach- niestomake es of this act, by the select-men of any town in the coun- inr r watioB. ty for which he is attorney, as aforesaid, to the county court for such county ; which court shall have cognizance of such information. TITLE 78. Pounds. An Act to provide Pounds, and to regulate the impounding of Creatures. . JTJE it enacted by the Senate and House of Rep- JD resentatives, in General Assembly convened, That the select-men of every town shall erect, maintain, Select-men to and keep in repair, at the expense of the town, a good erect poundt. and sufficient pound or pounds, for the impounding and restraining therein all creatures, which shall be found damage-feasant. or which 'shall be liable by law to be 48 378 Title 78. Pounds. impounded ; and if any town shall be without a sufficient pound, for the purpose aforesaid, the select-men shall for- Penaltyfor feit the sum of two dollars per month, for every month neglect. sucn town is unprovided with a sufficient pound or pounds, one half to him who shall prosecute to effect, and the other half to the treasury of the county. Society, or SECT. 2. When any town shall grant to a society, or particular an y particular part of the town, liberty, at their own ex- may haveT' P ense > to erect a pound or pounds, for their own conven- pound. ience, (which grants towns are empowered to make,) then such pound or pounds shall be maintained by such society, or particular part of the town, and the select- men shall not be punishable for their deficiency. When beasts SECT. 3. Every person shall have right to impound are impound- horses, cattle, asses, mules, sheep, goats and swine, found be' Iven to* doing damage on his land, inclosed by a sufficient and the owners. lawful fence ; and when any person shall have impound- ed any creatures, he shall give notice thereof, within twenty-four hours, if the owner be known : arid on neg- I'enalty for lect thereof, he shall forfeit the sum of twenty cents per neglect. head, for every beast so by him impounded, and the same sum for everyday, afterthe first day, thathe shall neglect to give notice as aforesaid, to the use of the owner thereof, who shall recover the same, by a proper action ; and shall also pay all necessary expense to the pound-keeper, for providing food and water for such creatures so im- pounded. If the owner is SECT. 4. If the owner of the creatures so impounded, not known, j g no t known, the impounder shall advertise the same, by reed* Pr " setting up on the sign-post, in the same town where they are impounded, and in two of the adjoining towns, a de- scription of them, with their natural and artificial marks, and the place where taken ; and if a newspaper is print- ed in the same or an adjoining town, by publishing such description in such newspaper ; and if no owner shall ap- pear within five days after such creatures shall have been advertised as aforesaid, the pound-keeper may take them from the pound, and procure them to be kept elsewhere, in such safe and cheap manner as he may think proper, ' < ' without being liable for their safe-keeping ; and then, if l*~,<^~ 1***+ no owner shall appear, within sixty^ days, the impounder shall call two fence-viewers to view the fence of the in- closure, from whence the creatures were taken, and if they judge it not to be a sufficient and lawful fence, then such creatures shall be released from the pound, and the impounder shall pay the expense : but if such fence- viewers shall judge the fence to be sufficient and lawful, then they shall estimate the damages done in such inclos- ure, by the creatures impounded, and either constable of Title 78. Pounds. 379 the town may sell so many of them, as will be sufficient to satisfy the damages, the poundage, and the reasonable expense of supporting and advertising them. SEct. 5. The marks, natural and artificial, of the crea- Description of tures, so sold, shall be entered in the town-clerk's office, beasts to be with an account of the charges, and the price for which ^"^book they sold, and the overplus, if any, after the town-clerk shall be paid for the entry, shall be delivered to the town- treasurer, to be kept for the owner, if he appears within one year ; otherwise, it shall belong to the town. If any of the 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. If the owner shall appear within eight days, in the case of sheep and swine, or twenty days, in the case of other creatures, he shall have right to replevy the same. SECT. 6. If any person, whose creatures are impound- Duty of own- ed, shall not, within twenty-four hours after notice given er to re ; to him, replevy the same, he shall incur the same penal- j^-^ alter ty as persons, who, having impounded creatures, neglect to give notice to the owners. Provided, that the owner p rov i so M t of creatures may, if he thinks proper, procure two indif- tender of dam- ferent freeholders of the town, to estimate the damages ages and costs; done by such creatures, and tender the same, with the costs, to the impounder ; and if he shall refuse to accept the same, and the owner is obliged to replevy his crea- tures, then the impounder shall recover no costs, but shall be liable to pay costs to the owner, unless the court who tried the action, shall find, that he was entitled to more damages and costs than the sum tendered. SECT. 7. No person shall be entitled to a recovery for i n what cases damages done in his inclosure, through the insufficiency damages shall of his fence, unless such damages were done by swine or ' e! horses, or other creatures, that go at large on the com- bit: * mons contrary to law, or by unruly cattle, that will not be restrained, by ordinary fences ; or where the owner of cattle shall put his cattle into, or voluntarily trespass on, his neighbour's inclosure ; or where it shall appear, that though part of the fence is deficient, the cattle broke and entered through a sufficient fence ; in which case, the owner of the land may impound such creatures, and re- cover poundage and damages. SECT. .8. If any person shall rescue any creatures liable Rescue, to be impounded, out of the hands or custody of any person or persons going to pound with them, or shall at- tempt to prevent him or them from driving such creatures to pound, or shall resist them therein, such person, so offending, shall forfeit the sum of four dollars : and if Penalty, any person shall break the pound, or in any way. convey Pound-brea< h. 380 Title 78. Pounds. Penalty. Escape from pound. Prosecutions limited. Towns to ap- point pound- keepers. Allowance for food and wa- ter. Pouudage fees. Swine, how restrained. Poundage fees. out of ft any beasts lav/fully impounded, he shall forfeit' the sum of seven dollars ; one half of which forfeitures shall be to the use of him who shall prosecute to effect, and the other half to the treasury of the town where the offence is committed ; and shall also pay to the party in- jured all the damages he shall sustain, by such rescue or pound-breach ; and where such rescue or pound- breach is effected, by the children, or servants of the owner, or owners of the creatures, such owner or owners shall pay all the damages and forfeitures, in the same manner as if done by themselves. SECT. 9. If any creatures, lawfully impounded, shall escape out of any pound, and the owner is known, the person who impounded them shall be entitled to an action of debt, to recover the poundage, and damages from the owner, on his making oath that he took them damage- feasant : provided, that all prosecutions for breaches of this act shall be within nine months after the commission of the offence. SECT. 10. It shall be the duty of the several towns, at their annual meeting, to appoint a pound-keeper, whose duty it shall be to receive and keep all creatures lawful- ly brought to pound, and to provide for them necessary food and water, while in pound, for which he shall be allowed twelve cents per day for horses, cattle, asses, mules, and swine, each ; and three cents per day, for sheep and goats, each. The fees for poundage, to be paid by the owner or owners of creatures impounded, to the pound-keeper, shall be twelve cents, each, for horses, cattle, asses, mules and swine; two cents, each, for sheep ; and three cents, each, for goats. And the owner or ow- ners of any beasts impounded shall not redeem or re- plevy the same out of the pound, till he or they have paid to the pound-keeper his poundage fees, and the lawful expense for providing food and water for such creatures, w r hile in pound ; which he shall be entitled to recover, in his action of replevin, against the impounder, if it shall be found, that such creatures were unlawfully- impounded. SECT. 1 1. No swine shall be allowed to go at large in the highways or commons ; and if any person or persons suffer their swine to go at large in the highways or com- mons, it shall be the duty of the haywards of the town, and it shall be lawful for any person, to impound them ; and the poundage shall be twelve cents for each swine, one half of which shall be paid to the impounder, the other half to the pound-keeper : and such swine shall not be released, till the owner or owners shall have paid the poundage, and the expense of keeping the swine till Title 79. Records. 381 released. Provided, that each town may permit swine Proviso, as to to go at large, under such regulations as they may think J^^^*" proper ; and where swine suffered to go at large in one go at large. town shall go into a town where they are restrained, they shall be under the';anne regulations as swine are in such town. TITLE 79. Records. An Act prescribing the mode of preserving and certifying the Records of Justices of the Peace, in certain cases. TIE it enacted by the Senate and House of Rep- CT * * JO resentatives,in General Assembly convened, That whenever a person, who, at any time has been, or Files and re- exercised the office of, a justice of the peace, shall die, cords of juti- or shall remove out of the state, or be removed from, or cesofthe not appointed to, office, for some crime of which he shall lodged wirh be convicted, on impeachment or otherwise, his files and town-clerks. records shall be, by him, his heirs, executors or adminis- trators, lodged in the town-clerk's office, where he last resided : and the town-clerk is impowered and required, if need be, to demand and receive such files and records, to keep the same safely, and to give, when required, true T O give co- and attested copies, which shall be legal evidence; and if pies. such justice of the peace, or person who has exercised that office, shall refuse to deliver such files and records to the town- clerk, within ten days after demand, he shall incur a penalty of five dollars, for each week he shall so Penalty, for neglect or refuse to deliver the same to the use of the j" efuSlU = to ^ county, where the offence is committed, to be recovered records! 8 3 in an action brought in the name of the county treasurer. And the executor or administrator of such justice of the Executors, &c peace or person, shall, in like manner, deliver over to the liable - town-clerk such files and records as are in his custody, belonging to the deceased, and on like notice and refusal, shall be subject to the same penalties, to be recovered in the same manner as herein provided. SECT. 2. Whenever any person, who has been, or has Justicesre- exercised the office of, a justice of the peace, shall be re- moved ornof moved from, or not appointed to, office, for other cause ^y^rieet than a conviction of some crime, he shall have a right to their records, perfect his records from the files, as occasion may require, am - 5 ive co * and to give certified copies thereof, which shall be legal pies evidence. 382 Power to re- plevy property im- pounded or distrained. Signing, and bond for pros- ecution. To what court writs shall he returnable. Avowry. Appeal. Removal. SECT. Proceedings, where plaintiff in replevin fails to appear, &c. Title 80. ^Replevin. TITLE 80. Replevin. An Act authorising Writs of Replevin. BE it enacted by the Senate and House of Rep- resentatives, in General Assembly convened, That every person shall have power to replevy his cat- tle, goods or chattels, when impounded and distrained ; provided, that any estate levied upon by execution, after judgment, or taken by warrant, for fines or taxes, shall not be replevied. SECT. 2. Writs of replevin shall be signed by a justice of the peace, or other authority by law authorized to sign writs, who shall take a bond, with sufficient surety, conditioned that the plaintiff shall prosecute his action to effect, and pay all damages and costs the adverse party may recover against him. SECT. 3. When the damages demanded do not exceed thirty-five dollars, the writ shall be returnable to a justice of the peace ; but if the demand is more than thirty -five dollars, the writ shall be returnable to the county court. When a writ is made returnable to a justice of the peace, the defendant may make avowry, and demand such damages as he may have sustained : if the damages, de- manded by the avowant, shall not exceed thirty-five dol- lars, and shall be more than seven, such cause shall be appealable to the next county court, though the demand in the writ of replevin does not exceed seven dollars ; and the party appealing shall give bond, with sufficient surety, to prosecute his appeal to effect, and answer all damages in case he make not his plea good : if the dam- ages demanded by the avowant shall exceed thirty-live dollars, then such cause may be removed to the next county court, in the same manner as when the defend- ant pleads title to land in an action of trespass : Provid- ed, that the avowant shall recover no costs, unless he recovers more than thirty-five dollars damages. And where the parties join issue upon a plea of title, such action may be removed in like manner. SECT. 4. If the plaintiff in the writ of replevin shall fail to appear, or withdraw, or become non-suit, before issue joined, then the defendant shall have power to make a suggestion in the nature of an avowry, stating the inju- ry he has sustained, and his claim for damages, and the court shall proceed to enquire as on a hearing in damages^ and shall render judgment in favour of the defendant, to recover such sum for the damages he has sustained as they shall think just, and his costs. And if the plaintiff shall Title 80. Replevin. 383 withdraw, or become non-suit, after issue joined, and be- fore trial, the court may, in like manner, render judgment for the defendant to recover the damages he has sustained. SECT. 5. When any goods or effects are attached, the Replevin of defendant in the suit shall have power to replevy the goods attach- same, on giving a bond, with sufficient surety, to the val- * ' ue of the goods and chattels attached, conditioned to pay the debt or damages and costs, which the adverse party in the suit on which such goods and chattels are attached, shall recover against him ; which writ shall be returned to Writ, to what the same court, to which the writ on which the estate was court returna- attached, is returnable, and lodged with the clerk of such e ' court, that the bond may be a security to the plaintiff for the judgment he may recover against the defendant ; and if the officer serving such writ of replevin, shall fail to Officer's liabil- return such writ to such court, without the written con- ity for neglect, gent of the party who has attached such property, he shall be liable to pay such party double damages, in an action brought against him for such neglect. SECT. 6. Whenever the rights or shares of any person R ep i ev i n O f or persons, in any bank, insurance company, turnpike stock of incor- company, or other corporation, shall be attached, it shall porated com- be lawful for him or them to cause the same to be replev- ' ied, in the same manner as in case of other property attached : and the officer serving the writ issued in such case, shall leave a true and attested copy with the cash- ier, clerk or secretary of the bank, insurance company, turnpike company, or other corporation, the shares or rights in which have been attached, and such writ shall be returnable to the same court as the writ by which such rights or shares were attached, and shall be so re- turned by the officer serving the same, and for his neglect he shall be liable as in other cases ; and on a copy being so left, the shares or rights attached shall be released from the attachment, and the bond in the writ of replevin shall be a- security to the plaintiff in the suit by attach- ment, to recover his debt or damages. SECT. 7. The person or persons who shall give bond Limitation ot upon any writ of replevin, shall not be liable to pay any liability on greater sum, in any suit which may be brought on any epl |: vin bond, than the value of the property replevied by virtue of said writ. SECT. 8. When any goods or chattels shall be attach- Replevin of ed, and any person, other than the defendant in the suit, goods attach- shall claim to be the owner of them, such person shall edj bv a sf ra ?" have power to replevy the same, on giving bond before g< the justice of the peace, or other authority, signing the writ, with sufficient surety, in a sum equal to the value of the goods attached, conditioned to prosecute his action of 384 Title 81. Riots. replevin to effect, and in case he fail to make his plea good, to return and redeliver the goods and chattels at- tached, to the officer attaching the same, so that they may be forth-coming to be taken by an execution that may be granted in the suit on which they were attached, and on failure thereof, to pay the debt or damage that may be recovered in such suit. And the plaintiff in such writ of replevin may cite the party, who attached the goods and chattels ordered to be replevied, to appear before a proper court, to answer to a charge for unlawful- ly taking the same : and if such plaintiff shall make out a title to such goods and chattels, he shall have judgment to retain the same, with his damages and costs ; but if he shall fail to make out a title, judgment shall be rendered against him to return such goods and chattels to the officer who attached the same, and that, on failure thereof, he shall pay the value of such goods and chattels, or the debt or damages and costs, recovered in the action on which they were attached, in case they exceed in value the amount of the debt or damages and costs. TITLE 81. Riots. An Act for the suppression of Riots. . T3E ^ enacte d ty the Senatf and House of Bepn 'JLJ sentatives, in General Assembly cowenetL Authority to That if any three or more persons shall come together, mane procla- w \fa an intention to do any unlawful act, with force or vi- mation to not- , . , ., '/- , -,-, ^r. olence, against the peace, or to the manifest terror of the people, every justice of the peace, sheriff, deputy-sheriff, constable, and select-man, within the limits of hisjurisdic- tion, shall be. and hereby is authorized, empowered and required, on notice or knowledge of any such unlawful and riotous assembly, to resort to the place where such assembly shall be, and among, or as near as he can safely come to such rioters, with an audible voice, to command, or cause to be commanded, silence to be observed, while proclamation is making; and after that, he shall openly, and with an audiftle voice, make, or cause to be made, proclamation in these words, or in words to the like ef- Form of pro- feet, to wit : " In the name and by authority of the state clamatson. of Connecticut, I charge and command all persons assem- bled, immediately to disperse themselves, and peaceably to depart to their habitations, or to their lawful business, upon the pains and penalties of the law." Power to a - ^F.<"T. 2. If such persons, so unlawfully and riotously prebend riot- assembled, or any three or more of them, after proclama- Title 82. Sabbath. 386 ination made as aforesaid, shall not disperse themselves, ers continuing every justice of the peace, sheriff, deputy-sheriff, consta- ^S ble, or select-man, where such assembly shall be, and ma de, such other person or persons as he shall command to assist him, shall be, and hereby are authorized, em- powered and required to seize and apprehend such per- sons so unlawfully and riotously continuing together, af- ter proclamation made as aforesaid, and forthwith to car- ry the persons so apprehended, before some justice of the peace, in order to their being proceeded against accord- ing to law. SECT. 3. And if any of the persons so unlawfully and Magistrates riotously assembled, shall happen to be killed, or maimed, indemnified, or hurt, in the dispersing or apprehending, or endeavor- ing to disperse or apprehend them, by reason of their re- sisting the persons so dispersing, or endeavoring to dis- perse or apprehend them, every justice of the peace, sheriff, deputy-sheriff, constable and select-man, and all persons aiding them, or any of them, shall be freed, dis- charged and indemnitied, as well against the public, as against every person, and all persons whatsoever, of and from such killing, maiming, or hurting of any person or persons so unlawfully and riotously assembled. TITLE 82. Sabbath. An Act for the due observation of the Sabbath, or Lord's Day, and days of public Fasting and Thanksgiving. . VB E it enacted by the Senate and House of Rep- J[3 resentalhes, in General Assembly convened, That it shall be the duty of the citizens of this state to at- tend the public worship of God, on the Lord's day ; and Secular busi- that no person or persons shall do any secular business, ness h '-f^ c ' d work or labor, works of necessity and mercy excepted ; ?he Lord's day nor keep open any shop, ware-house or work-house ; nor CNpose to sale any goods, wares or merchandize, or any other property ; nor use any sport, game, play or recre- ation, on the Lord's day ; nor shall any traveller, drover, waggoner, or teamster, travel on said day, except from iv or charity. And every person, so offending, shall pay a fine not exceeding four dollars, nor less than one dollar. SECT. 2. No person shall be present at any concert of Attendin" music, dancing, or other public diversion, on the even- public diver- ing preceding the Lord's day, on said day, or on the sions,prohibit- fvr-ning of said day, on penalty of four dollars. 49 386 Title 82. Sabbath. Meeting in companies, prohibited. Limitation of prosecutions. Civil process, when void. Disturbing assembly for public wor- ship, prohibit- ed. Tything-men to be chosen and sworn. Their duty. Officers em- powered to apprehend transgressors. .-jertlle labor and recrea- tion, on days of fasting and thanksgiving, prohibited. SECT. 3. No persons shall meet in company or compa- nies, in the streets, or elsewhere, on the Lord's day, ex- cept for the public worship of God, or some work of ne- cessity or mercy, on the penalty of one dollar, each, for every such offence. SECT. 4. All prosecutions for the breach of the pre- ceding sections, shall be within one month after the com- mission of the offence. SECT. 5. If any civil process shall be issued, or served, between the setting of the sun on Saturday night, and twelve o'clock of the succeeding Lord's-day night, it shall be void.(l) SECT. 6. If any person or persons, either on the Lord's day, or at any other time, shall wilfully interrupt or disturb any assembly of people, met for the public worship of God, each person, so offending, shall pay a fine not exceeding thirty-four dollars, nor less than one dollar. SECT. 7. Each town shall, at their annual meeting, choose two or more tything-men, in each society or con- gregation, who shall be sworn to a faithful discharge of the duties of the office ; and it shall be the duty of such tything-men, and of grand-jurors and constables, to en- quire after, and make due presentment of, all breaches of this act ; and every sheriff, constable, grand-juror and tything-man, shall have power, and they are hereby di- rected, to apprehend and carry before a justice of the peace, all persons transgressing this act, to be dealt with according to law, provided they are taken on sight, or immediate information of others; and to command all ne- cessary assistance ; and whosoever shall refuse to obey such command, and shall neglect to afford his utmost as- sistance to apprehend such offenders, shall suffer the same penalties as persons who refuse to assist sheriffs and con- stables in the execution of their office. SECT. 8. And on days appointed for public fasting or thanksgiving, by proclamation of the governor of the state, all persons shall abstain from every kind of servile labor and recreation, works of necessity and mercy excepted ; and every person who shall be guilty of a breach of this (1) No people ever had a higher idea of the sanctity of the Lord's day than the first settlers of New- England. They prohibit- ed all secular business, excepting works of necessity and mercy, on that day ; and, for a long time, it was observed with the utmost strictness and rigor. But in more modern times, sundry decisions having been made, by the superior court, confin- ing the operations of the statute to the solar day ; and the supreme court of errors having decided, that civil process could be executed before sun-rise and after sun- set, on the Lord's day ; the language of the statute is now rendered more explicit, so as to remove any doubt respecting its con- struction. See Fox v. A bel, 2 Conn. Rep. 541. Title 83. Salaries and Fees. 387 section, shall be fined a sum not exceeding two dollars, nor less than one dollar. And all tines and penalties, in- Appropriation curred by a breach of this act, shall be for the use of the of tines > &c. town where the offence is committed. SECT. 9. No proprietor or proprietors, or driver of any Stage-owners, coach, waggon, sleigh, or other carriage, belonging to, or drivers, Sec. employed in, any line of stages, or extra carriage ; or anv^erson to proprietor or driver of any hackney coach, coachee, travel on chaise, sleigh, or other pleasure carriage; shall suffer or Lord's day. allow any person or persons to travel, except from neces- sity or charity, in such carriage, on the Lord's day, on Penalty, penalty of twenty dollars for every offence : Provided, Proviso, as to that this act shall not extend to the owners or drivers of United States' carriages employed for carrying the United States' mail mai1 ' through this state, on the Lord's day. SECT. 10. No person, who conscientiously believes, Persons keep- that the. seventh day of the week ought to be observed as jj 1 ? seventh the sabbath, and actually refrains from secular business w ^] no ^ to and labor, on that day, shall be liable to the penalties of be liable to this act, for performing secular business or labor on the the penalties Lord's day, or first day of the week, provided he disturbs no other person while attending the duties of public wor- ship. TITLE 83. Salaries and Fees. An Act for regulating Salaries and Fees. - TTJE lt enacie ^ % the Senate and House of Rep- JJ rescntativcs, in General Assembly convened, That the salaries and fees of the several officers of the Salaries and state herein mentioned, and of the members of the gene- ^ es fo e r stabllsh ~ ral assembly, shall be established as follows, to wit : To the governor, per annum, one thousand one hundred Governor, dollars. To the lieutenant-governor, per annum, eight hundred Lieutenant- and fifty dollars. Governor, To each member of the senate, and the clerk thereof, Senate and while in session, per day, two dollars ; and for clerk travel in going to, and returning from the place of ses- sion, nine cents per mile. To each member of the house of representatives, while Representa- in session, per day, one dollar and fifty cents, and to tives, speaker the speaker, an addition of one dollar per day, and to and clerks, each of the clerks, an addition of fifty cents per day ; and for travel in going to and returning from the place of session, nine cents per mile. 388 Title 83. Salaries and Fees. Judges of su- To the chief judge of the supreme court of errors, and ofeors Ur superior court, one thousand one hundred dollars per annum. To each of the four associate judges of the supreme court of errors and superior court, one thousand and fifty dol- lars per annum. Treasurer, To the treasurer of the state, one thousand dollars per annum, three hundred of which, shall be paid from the school-fund, for services regarding that fund. Comptroller, To the comptroller, one thousand dollars. Secretary, To the secretary of state, eighty-four dollars. S ovemo7 * To the Secretai 7 of the governor, two hundred dollars. Reporter', To the reporter of judicial decisions, three hundred and fifty dollars. Commissioner To the commissioner of the school-fund, one thousand of school fund dollars per annumi to be paid from said fund. Clerk, To the clerk of said commissioner, a sum not exceeding .two dollars per day, while necessarily employed, to be paid from said fund. Clerks of To each of the clerks of the treasurer and comptroller, a treasurer and sum not exceeding one dollar and fifty cents per day, comptroller. while neceMarily employed. Salaries, when SECT. 2. All the salaries allowed and granted by thi& payable. act, shall be paid semi-annually, in equal instalments, on the second Mondays of May and November, in each year ; and the comptroller is hereby directed to draw on the treasurer for the same ; the salary of the commissioner of the school fund, excepted. Fees of the Superior Court. Fees of supcri- SECT. 3. For trying each action, four dollars, or court, and For eacn judgment on default or nonsuit, two dollars. Fees of the Clerks of the Superior Court. Clerks. SECT. 4. For entering each action and judgment, fifty cents. For each jury- warrant, thirty-four cents. For filing and opening each deposition, five cents. For each execution, twenty-five cents. For copies, or records, each page of twenty-eight lines, ten words in a line, twenty-five cents. P Fees of County Court. SECT. 5. To the chief judge, three dollars and fifty cents, per day, during the session of the court, and for travel to and from court, nine cents per mile. To each of the associate judges, three dollars per day, during the session of the court, and for travel to and from court, nine cents per mile. For trying each action, two dollars. For eachjudgmenton default, or non-suit, fifty-nine cent?. Title 83. Salaries and Fee*. 389 For a licence to each tavern-keeper, or tanner, one dol- lar, whereof to the clerk, seventeen cents. Fees of the Clerks of the County Courts. SECT. 6. For entering each action, five cents. For each jury-warrant, thirty-four cents. For entering each judgment, or continuance, seventeen cents. For opening depositions, the same as clerks of the superior' court. For signing writs, taking bonds, &c. the same as justices of the peace, for like services. For each execution, seventeen cents. For copies, or records, the same as clerks of the superior court. -* Fees of Jurors at Superior and County Courts. Jurors. / SECT. 7. For each cause in which a jury shall be em- /2 panneled, seventy-five cents to each juror attending, / ~ n fifty cents of which shall be paid by the parties, and V ' twenty-five cents by the state. ( For travel to and from court, five cents per mile. 3 Fees of Courts of Probate. Probate fee *- SECT. 8. For granting administration, seventy-five cents. Administra- For making out each letter of administration, twenty- u five cents. For administration bond, twenty-five cents. Bond. For each decree, limiting the time for exhibiting the Limitation of , . /, ,. /-/ creditors. claims of creditors, fifty cents. For receiving and probate of each will, seventy-five Probate of cents. , For executor's bond, twenty -five cents. boTd For receiving and probate of each inventory, a commis- Inventory. sion at the rate of fifteen cents, for each and every thousand dollars thereof. For setting out household furniture to a widow, seventv- Setting outfur-- ., - mture to wid- five cents. ow. For stating and settling an administrator's or executor's Settling ac- account, one dollar and twenty-five c> COUHI-- For each order of distribution, seventy-five cents. Order of dS For each order for setting out dower, fifty cents. tribution. For an order appointing appraisers of an estate, fiftv 1} cents. ' A PP^ S - For an order of notice to attend the appointment of com- js tj ( - P . missioners, fifty cents. App-v.u'ing For an order appointing commissioners, fifty cents. comiuission- For an order extending the time of settling an estate, fifty Extending cents. time. For accepting and approving the report of commissioners, Approving re- ' r or an order to sell real or personal estate, tiuy cents. Order to ge u. 390 Title 83. Salaries and Fees. Order to pay debts. Accepting re- turn of sale. Allowing ap- peal. Approving distribution. Order of dis- tribution. Approving dower. Orderof notice on minors' es- tate. Order, to sell minors' estate. Approving sale. Taking bond on sale. Guardian. Bond. Settling ad- vancements, &c. Settling guar- dian's ac- counts. Bond from heirs. Citation. Hearing on do. Judgment. Appointing assistants to guardian. Order of sup- port of family. Hearing mo- tion on com- missioners' re- Reco ord. Copies. No other fees of probate al- lowed. For an order on an executor or administrator, to pay out of the estate, to creditors, in proportion to their debts, one dollar. For accepting a return of the sale of estate, fifty cents. For allowing an appeal, taking bond, and making out judg- ment, thirty-four cents. For receiving and approving a distribution, seventy-five cents. For an order of distribution, seventy -five cents. For receiving and approving the return of setting out dow- er, fifty cents. For an order of notice, on application for the sale of real estate, belonging to minors, fifty cents. For an order to sell such estate, seventy-five cents. For receiving and approving the returns of sale of real es- tate of minors, fifty cents. For taking bond, on granting an order for the sale of such estate, fifty cents. For the appointment of a guardian, twenty-five cents. For each guardian bond, twenty-five cents. For adjusting and settling advancements to children, on making an order of distribution, in case such ad- vancements are claimed to have been made, one dollar. For hearing and adjusting the accounts of a guardian with his ward, seventy -five cents. For taking a bond from heirs to refund, if debts after- wards appear against the estate, twenty-five cents. For a citation, when by law required, fifty cents. For hearingandjudgment on return of the same, when ad- verse parties appear, and a trial is had, one dollar. For a judgment in case of no such appearance of ad- verse parties, fifty cents. For hearing an application for the appointment of per- sons to assist a guardian in making a partition of mi- nors' lands, seventy -five cents. Foran order making allowance for the support of a family, during the settlement of an estate, fifty cents. For hearing and allowing a motion, to review the report of commissioners, fifty cent^. For making each and every record, at the rate of twenty- five cents, for each page, containing two hundred and eighty words. For making each and every record, containing less than half a page, twelve and half cents. For making each and every copy, when requested, the same sum as is herein provided, for making records. SECT. 9. The fees herein stated, shall include all char- ges, which may lawfully be made by the judges of pro- Title 83. Salaries and Fees. 391 bate and their clerks, other than such as are by stat- ute provided. Fees of Justices of Peace. SECT. 10. For signing each attachment, summons or subpoena, nine cents. For taking a recognizance, nine cents. For each mittimus, twenty-five cents. For the entry and trial of each action, fifty cents. For each execution, seventeen cents. For judgment on default, confession, or non-suit, twen- ty-five cents. For a bond on an appeal, nine cents. For copies, or records, the same as clerks of the su- perior court. For an affidavit taken out of court, nine cents. For entering a plea of title, and taking bond, fifty cents. For taking an acknowledgment of a deed, by any judge or justice of the peace,*nine cents. Fees of the Secretary of State. Secretary. SECT. 11. For recording laws and orders of the gene- ral assembly, of a public nature, each, seventeen cents. For affixing the state seal, each time, seventeen cents. For each military commission, seventeen cents. For each commission for justices of a county, eighty- four cents. For each commission of a judge of the supreme court of errors, and superior court, fifty cents. For each commission for a judge of the county courts, or courts of probate, twenty-five cents. For each petition, or memorial to the general assembly, twenty-five cents. On each petition to the general assembly, three dollars and thirty-four cents, for the use of the state. For a copy of each order of the general assembly, on a pe- tition or memorial, not exceeding one folio page, twen- ty-five cents. For copies of a greater length, and all other copies, the same as the clerk's of the superior court. Fees of Sheriff's and Constables. SECT. 12. To each sheriff", who shall actually attend sheriffs, & e . at the general election, for the two days on which his at- for attending tendance is required, and for travel, the same as shall be general assem- allowed per day, and for travel, to a member of the house y ' of representatives, for the. time being. To the sheriff", attending the general assembly, the su- Attending preme court of errors, superior or county courts, per courts - day. two dollars. 392 Title 83. Salaries and Fees. Returning votes. Travel to serve writs, &c. Summoning jurors. Serving sum- mons, by reading, copy. Attachment. Taking bail. Copies of writs and in- dorsements. To the sheriff's deputy, attending as above, per day, one dollar and fifty cents. To constables, attending as above, per day, one dollar and twenty -five cents. To the sheriff, for returning votes to the secretary, going to, and returning from, nine cents per mile. To sheriffs, .constables or other persons, for each mile travel to serve writs, or other process, five cents, to be computed from the place of the officer's abode, to the place of service, and from thence, to the place of re- turn ; also, for travel across any toll bridge or ferry actually passed, in making the service of a writ or ex- ecution, the sum by law payable at such bridge or ferry, for man and horse, if actually paid, on the service, or return of such writ or execution, but not any sum for passing a turnpike gate. To constables, for summoning jurors to attend the coun- ty, or superior courts, the same for travel to serve as above, but nothing shall be*allowed for travel to return the summons ; and when the jurors are summoned to attend the county court, the said fees shall be paid from the county treasury, and when summoned to attend the superior court, from the state treasury. To sheriffs, constables, or other persons, for serving every summons, by reading, nine cents. For serving every summons, by copy, twelve cents. For serving an attachment, by reading, or copy, twelve cents. For taking bail and bail-bond, on each writ of attachment, if returnable to a justice of the peace, thirty-four cents ; if returnable to a city, or county court, and the de- mand therein be five hundred dollars, or less, fifty cents ; if the demand be more than five hundred dol- lars, one dollar. For taking bail and bail-bond, of a person committed to gaol on mesne process, the same as above, and five cents per mile, for travel, to and from gaol. Jn all cases, except in writs and declarations, on promis- sory notes or book debts, according to the ordinary forms, when necessarily served by copy, and the copy, exclusive of the indorsement, shall make a page of twenty-eight lines, ten words in a line, for each copy, twenty-five cents. For each indorsement of service, that shall make fourteen lines, ten words in a line, twelve cents. For every additional page, or part of a page, of such copy, or indorsement, at the same rate ; and for a copy of the indorsement, when necessary to be made, and it shall make half a page as aforesaid, or more, at the same rate. Title 83. Salaries and Fees. 393 In all cases, in which any claim shall be made for any Ite 9 of fees compensation to any person, on the service of an at- tachment or execution, for time and expenses, in keeping, securing or removing property taken thereon, the person, who served such attachment or execution, shall make out his bill on the same, for such compensation, specifying th>> items therein, to wit, the labor done, and by whom, the time spent, and how long, the money paid, if any, and to whom, and for what ; and in case of attachment, the court, in which the bill of costs shall be finally taxed, may, on consideration, allow therefor, such sum as is just and reasonable, and the same shall be added to, and taxed with the costs in the action. For levying and collecting every execution, where the money is actually collected and paid over, or where Collecting ex- the debt is secured and satisfied by the officer, to the ecution? - acceptance of the creditor, when the amount of the execution does not exceed three dollars and thirty-four cents, the officer collecting the same, shall be allowed seventeen cents, and two per cent on the amount of the execution, above that sum ; and when the execu- tion shall be levied on the body of the debtor, and he committed to gaol, one per cent on the amount of the execution, shall be allowed to the officer, and no more. For attending the trial of any action, before a justice of Attending a the peace, where such attendance is necessary, sixty- justice court, seven cents. For committing any person to gaol, on mesne or final Travel for process, twenty cents per mile for travel from the place commitme t. of arrest to the gaol, in lieu of all other expenses. SECT. 13. No sheriff, constable or other officer shall No other fees -add, or make any other items of fees, not specified in to be charged this act, for the service, or return of any civil process jg. s ^ e "S whatever, nor for any other purpose, in civil causes, but causes, shall be wholly confined to the fees in this act speci- fied. Fees for Parties in civil actions. SECT. 14. For attending court, per day, twenty-five Parties. cents. For travel to court, per mile, three cents. F oned accord- so made to him by the committee of said society, in con- ing formity to the provisions of this act. And each school so- ciety shall divide the same among the several districts therein, on the principles aforesaid, agreeably to the re- turns so made to them as aforesaid. Provided however, that no order shall be drawn in favor of any society as aforesaid, nor shall the treasurer pay the monies directed to be paid by this act, until the committee of such society shall certify in writing, under their hands, in the words committee. following, to wit : " We, the committee of the Form. school society, in the town of do certify, that the schools in said society, have been kept for the year, end- ing the thirtieth day of September last,- by instructors du- ly appointed and approved, and in all respects according to law ; and that all the monies drawn from the public treasury, by said society, for said year, appropriated to schooling, have been faithfully applied and expended, in paying and boarding said instructors. Dated at the day of A. D. > School Society 5 Committee. To the comptroller of public accounts." SECT. 15. All the money provided for the use of School money .schools, received by the committee, shall be paid over to to be divided the treasurer of the society, who shall stand charged with, JJfcJf and shall account for, the same ; and the committee shall, from time to time, receive, examine and liquidate the ac- counts of the districts, and parts of districts, if any be. and where such districts, and those to which such parts of dis- tricts shall belong, have kept their schools according to the provisions of this act, shall draw orders on the society treasurer for their proportion of all the public monies appro- priated to the use of schools, according to the nHmber of 404 Title 84. Schools. Provision where the expenses of the school ex- ceed the school money. Misapplication of school money a forfeiture. Powers of school societies in relation to burials, &c. persons between the ages of four and sixteen, in such dis- trict. SECT. 16. Whenever the expense o^ keeping a school, by an instructor, approved according to law, .shall exceed the amount of all the public money appropriated by law to defray the expense of such school, the committee, in such district, for the time being, with such other person or persons as the said district, at a legal meeting, warned and held for that purpose, may appoint, are hereby constitut- ed a board, to examine, adjust, and allow, all bills of ex- pense, accruing for the support of schools, in said dis- trict, and apportion such deficiency among the propri- etors of said school, according to the number of days that any person or persons may have sent any schol- ar or scholars, to school : and if the number of days cannot be ascertained, then according to the number of scholars. And any justice of the peace, living in the town where such school has been kept, shall have power to grant a warrant, directed to the collector of school taxes, in such district, in the same manner as is by law provided for the collection of town taxes. SECT. 17. If any money, appropriated to the use of schools, shall be applied, by a school society, to any other purpose, the same shall be forfeited to the state, and it shall be the duty of the comptroller to sue for such money, for the use of the state. SECT. 18. And if any committee shall, at any time, make a false certificate, by which money shall be fraud- ulently drawn from the treasury of the state, each per- son signing such false certificate, shall forfeit the sum of sixty dollars, to the state, to be recovered by ac- tion of debt, on this statute ; and it shall be the duty of the comptroller, to bring forward a suit to recover the same accordingly. SECT. 19. School societies shall have power to pro- vide a hearse and pall, for the burial of the dead, and to procure and hold lands for burying-grounds, and to make regulations to fence the same, and to preserve the monuments erected therein, and to lay and collect the necessary taxes for that purpose, in the same manner as other taxes are collected. Provided, that this act shall not extend to affect the regulations of towns, or in- corporated ecclesiastical societies, or other religious so- cieties or congregations, who have separate burying- grounds ; and such towns and societies, shall have all the power given by this section to school societies. Title 84. Schools. 405 CHAP. II. An Act relating to the School-Fund. TjE it enacted by the Senate and House ofRep- SECT. 1. JJj resentatives, in General Assembly convened, That the commissioner of the school-fund, shall take the Oath of com- oath prescribed by the constitution, for executive offi- "h'JJU^S. cers. He shall superintend and take care of all proper- His duties.' ty belonging to said fund, and the interest arising on the same ; he shall cause the nett amount of interest, receiv- ed yearly on said fund, to be distributed, for the benefit of the public or common schools, according to law ; and on the sale of any of the lands or real estate, belonging to said fund, which the commissioner is hereby authorized to make, he shall prepare all necessary deeds of release or conveyance to be executed by the treasurer of the state, which he is hereby authorized, on the request of the commissioner, to execute, and to cause the seal of the state to be affixed thereto. SECT. 2. The commissioner shall cause all debts due Property be- the school-fund, on bond, or otherwise, and all bank ^TVV* 6 i r 3 i i scnool-iuna t stock, and other property, belonging to said fund, to be be registered. registered in books to be kept in his office, in which shall be opened an account with each debtor, shewing the place of his residence, the amount of his debt, the secu- rity therefor, and the estimated value thereof: the regis- try of the lands shall shew their extent and value, dis- tinguishing new, from cultivated lands. SECT. 3. The commissioner shall, on or before the se- Dupliate ab- cond day of September, one thousand eight hundred arid twenty-one, make duplicate abstracts from his books, of all property belonging to said fund ; in which shall be entered the names of the obligors, in alphabetical order, in classes, according to the states to which they belong, their places of residence, the number and date of the bond, the amount due on the second day of September, one thousand eight hundred and twenty, as principal, and as interest, with the amount and situation of the securi- ty, and its estimated value : said abstracts shall also con- tain an account of all the lands belonging to said fund, distinguishing new, from cultivated lands^ and stating their situation and estimated value ; and also the amount of bank or other stock, belonging to said fund, which ab- stracts shall be certified by the commissioner, to contain correct statements of all the property belonging to said /und, and that the same is duly registered in the books in 406 Title 84. Schools. Copies of school-fund bonds. Duty of treas- urer, in rela- tion to school - And. his office, and shall, by him, be lodged in the office of the comptroller, who shall make a certificate on one of said abstracts, that it is a correct duplicate of the one remain- ing in his office, and deposit the same for safe-keeping, in the vaults of the Phoenix Bank, in the city of Hartford. And the commissioner shall also, in a convenient time, lodge in the comptroller's office, certified copies of all the school-fund bonds in his office, or which shall here- after be received, which copies the comptroller shall, in like manner, deposit in the Phoenix Bank ; which de- posits shall be subject to the order of the governor. SECT. 4. The commissioner shall require copies of all bonds in the hands of agents, certified by them to be true copies of the originals, in their hands for collection, which copies shall be kept in his office. SECT. 5. The commissioners shall, annually, on the first day of April, make duplicate abstracts from his books, of all changes or alterations of the debts or prop- erty of the school-fund, in which shall be entered an ac- count of all payments of the principal of school-fund bonds, for one year, ending the second day of the preced- ing September, and of all bonds, bank and other stock, and property of every description, acquired by purchase, exchange, or otherwise, during the same period ; and the commissioner shall certify said abstracts to be correct, and shall lodge the same in the office of the comptroller, who shall certify one of said abstracts to be a correct duplicate of the other remaining in his office, and deposit the same for safe keeping, in the vaults of said Phoenix Bank, sub- ject to the order of the governor. SECT. 6. The commissioner shall, on or before the se- cond day of September, in each year, make and deliver to the treasurer, an index, containing a statement of the amount of interest due on that day, from each debtor to the school-fund, whose bond is lodged in the office of the commissioner ; which index shall contain the name of each debtor, in alphabetical order, his place of residence, the number of the bond, and the amount due on said day for principal, and for interest. SECT. 7. The treasurer shall receive all monies paid on account of the school-fund, as well for principal as for interest, and give duplicate receipts therefor, one to the debtor, and the other to be lodged in the oftice of the commissioner shall keep separate and distinct accounts of each, and shall pay over said monies to orders drawn according to law ; and shall deliver to the comptroller, on the first days of March and October, in each year, a statement of the nett amount of interest, and other reve- nue, paid into the treasury, OH account f the school- Title 85. Secret Assaults. 407 iund ; and the comptroller shall, on application of the committee of any school society, draw an order on the treasurer, for the amount legally due such society. SECT. 8. It shall be the duty of the comptroller, semi- Duty of the annually, in the months of April and October, to settle comptroller, the accounts of the commissioner, and draw on the treas- urer 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. SEct. 9. The comrnissionei of the school-fund is here- Clerk of corn- by authorized to appoint a clerk in his office, for such missioner. portion of time as he shall judge necessary ; which clerk shall take the oath prescribed by the constitution for executive officers. SECT. 10. Incase the office of the commissioner of the Vacancy in school-fund shall become vacant, by death or otherwise, c 1 *" 8810 / 1 - i ,, c ., iii ergomce, how d'lnng the recess of the general assembly, the governor supplied. is hereby authorized to fill such vacancy, by appointing a. person to perform the duties of commissioner as afore- said, until the rising of the then next general assembly. TITLE 85. Secret Assaults. An Act for the detection and punishment of Secret Assaults. . TJE it enacted by the Senate and House of Rep- JLJ resentatives, inGeneral Assembly convened, That if any person shall break the peace, by secretly assaulting, beating^ maiming, wounding or hurting anoth- er, upon application and complaint of the person, so as- Complaint, saulted and injured, to a justice of the peace, shewing him what wounds or hurt he has received thereby, such justice shall forthwith issue a warrant, directed to some \v arran j proper officer, commanding him to arrest such offender, and bring him before such justice, to answer such com- plaint ; who, upoii oath being made against him of such assault, and of the wounds or injuries thereby received, by the person assaulted and injured, shall be bound in a sufficient bond, with sureties, to the adverse party, to appear at the next county court in that county, aiud an- swer to the complaint aforesaid, and pay all such damages as shall be awarded against him, by the final judgment of said court ; and, in case of refusal to become bound as Commitment^ aforesaid, such person so complained of, shall be com- ? refusal t mitted to the common gaol of the county, there to remain Rl until discharged according to law. 408 Trial. Judgment. Damages. Fine. SECT. 1.- General pow- ers and duties. Publication and distribu- tion of public acts. Title 86. Secretary. SECT. 2. And if the person so bound or committed shall not, on trial of the cause, satisfy the triers, that he was not the person who made the assault complained of, he shall be found and adjudged guilty ; and shall be sentenced to pay the person assaulted and injured, all such damages as he shall have sustained, by such assault arid beating ; and shall also pay to the treasurer of the county such fine as the said court shall impose, not ex- ceeding the sum of sixty-seven dollars ; and stand com- mitted until such sentence shall be performed. TITLE 86. Secretary. An Act relating to the office and duty of the Secretary of the State. BE it enacted by the Senate and House of Rep- resentatives, in General Assembly convened, That the secretary of the state shall have the safe-keep- ing and custody of all the public records and documents, and particularly, of the acts, resolutions and orders of the general assembly, and shall record all acts, orders, grants, and resolutions, passed by the general assembly, and give true copies thereof, when required. He shall be the keeper of the seal of the state, which shall not be altered, and shall affix the same to acts, laws, orders, commissions, instruments and certificates, in all cases required by law, or when requested by particular per- sons, having occasion therefor. SECT. 2. And he shall, at the end of every session of the legislature, cause the public acts to be printed and published in the several newspapers in the state, the. publishers of which shall be allowed, by the comptroller, at the rate of t\y^ijyj-fi.ve_ceiits_for each law page. And he shall also cause such public acts to be printed,' in a convenient form, and distributed as follows, to wit : he shall transmit to the president of the United States, to the heads of departments, and to the executives of the several stales in the Union, one copy, each ; and the rest of the public acts, together with the laws of the United States, that shall, from time to time, be transmitted, by the na- tional executive, to the executive of this state, for the use of the state, shall be distributed in manner following ; that is to say, to the governor, lieutenant-governor, treas- urer, secretary, comptroller, and commissioner of the school-fund, one copy,,each ; to the adjutant-general, one copy ; to the judges^oftne superior court, one copy, each ; to the reporter of judicial decisions, one copy : Title 87. Sewers. 409 to the judges of the several county courts, one copy, each ; to the sheriffs of the several counties, one copy, each ; to be kept by the said executive officers and clerks, in their respective offices, and from them to pass and be transmitted to their successors ; and the residue to the several towns, in proportion to their respective lists last returned to the comptroller's office, to be disposed of as they may direct ; and it shall be the duty of the secreta- ry to make the distribution accordingly. SECT. 3. It shall be his duty, annually, within thirty Publication of days after the rising of the general assembly, to publish certain parts in the same newspapers, in which the laws are published, jJoSer'sre^" that part of the comptroller's report, that designates the port, expenditure and receipts of all monies, relating to the current expenses of government ; and also, that part of said report relating to expenditures and receipts of all monies, appropriated for investments in bank stock, or funded debt of the United States ; and also, the summary- statement of the permanent funds of the state, and how the same are invested ; and a statement of all the debts due from the state. TITLE 87. Sewers. An Act appointing and directing Commission- ers of Sewers and Scavengers. >E it enacted by the Senate and House of Rep- resentatives, in General Jlssembly convened, That the county courts in the respective counties, are ers'ofT^wers hereby authorized and empowered, upon application to when to be them made, by the major part of the proprietors of meadow, granted, marshy arid low lands, or grounds which are injured by the overflowing of waters, arid of swampy land, which may be rendered valuable, by drowning and draining the same, to grant a commission of sewers, to such and so many able and discreet persons as they shall judge expedient, for clearing and removing the banks and obstructions of the passages of the water in rivers, brooks, streams, or ponds, which occasion the overflowing and drowning of meadows, swamps, and lowlands; and also, for the flowing and draining of swamps, and other unprofitable grounds ; and also, for damming, to prevent the water from overflowing marshy and flat lands : which commission shall be sign- ed by the clerk of the court granting the same ; and the commissioners shall have power to do the services afore- Powers f .,,/.,,, , commiHsicm said ; and for that purpose, may employ workmen and ers . laborer?, in a reasonable manner, and may nssnss thf JIO Title 87. Sewers. Collectors. Their power. Power to hold the lands of negligent proprietors. Commission- ers to be sworn. Compensa- tion. Appeal. Notice to be given, when petition is brought. Meeting of proprietors. proprietors of such lands, to defray the charges, accord- ing to theirquantity of land, and the benefits they receive, in such proportion as they shall judge to be equal and just ; and to appoint and swear a collector or collectors, to collect such assessments, and pay the same to such persons as they shall appoint to receive it ; which col- lectors shall have the same power as the collectors of state taxes, and shall be accountable to the commissioners ap- pointing them. And if any proprietor of such lands shall be unable, or shall neglect to pay his proportion of such assessments, it shall be lawful for the other proprietors concerned therein, to pay the same, and to hold the lands of the person so neglecting or refusing, until the profits of such lands shall be sufficient to reimburse them, according to the judgment of the commissioners. SECT. 2. The commissioners shall be sworn to a faith- ful discharge of their trust, and shall receive such com- pensation for their services, as the court appointing them shall allow ; and they shall render their account to said court, when required. And if any person shall be ag- grieved, by the proceedings of such commissioners, he or she may appeal or complain to such county court, who shall grant them such relief as the nature of the case may require. SECT. 3. When any petition shall be brought, in pur- suance of the provisions of this act, notice thereof in writ- ing shall be given to all the proprietors named in the pe- tition, who have not subscribed the same, at least twelve days previous to the sitting of the court to which said petition shall be brought, by reading the same in their hearing, or by leaving a true and attested copy thereof at their last usual place of abode ; which no- tice shall be signed by a justice of the peace, and direct- ed to the sheriff of the county, his deputy, or either of the constables of the town where such land is situated. SECT. 4. After the commissioners shall have dammed, drained or ditched such low, marshy and wet lands, the proprietors shall have power to keep the dams, draini and ditches in repair : and for that purpose, when any three of such proprietors shall judge it necessary, they may apply to a justice of the peace, who shall issue a precept, directed to some meet person, to warn such proprietors to meet at such time and place, and for such business, as shall be therein declared; which shall be served, by reading it in the hearing of all the proprietors living in the state, at least three days before such meet- ing. SECT. 5. The proprietors, in a meeting so warned. shall have power, by a major vote, to be computed ac- Title 87. Sewers. 411 cording to their interest in such lands, to appoint a clerk, Appointment who shall be sworn to make true entries of all the votes ^mmitte" and proceedings in such meetings ; and also, to appoint a committee, consisting of two or three men, who may state and set out to each proprietor his part or propor- tion of such dam, drain or ditch, to be computed accord- ing to their interest in the land, and who shall make a report of their doings in writing, under their hands, to the clerk, who shall enter the same on record. And it shall be the duty of each proprietor, his heirs, and assigns, forever after, to clear, keep open, and repair his part of such dams, drains and ditches, set out to him as aforesaid: Provided, that the proprietors may, at any subsequent time, cause a new stating and apportionment of the same, in the manner aforesaid, if they judge it to be ex- pedient. SECT. 6. And the more effectually to compel the pro- prietors to keep in repair such dams, drains, and ditches, such proprietors shall have power, at a meeting warned as aforesaid, once in two years, to appoint scavengers, Scavengers. among themselves, who shall take the oath provided by law ; and if any person, lawfully appointed a scavenger, shall neglect or refuse to take such oath, being required thereto by a citation from a justice of the peace, he shall Penalty for re- forfeit four dollars to the use of such proprietors, to be fusing to take recovered by action on this statute ; and such proprietors tlie oath- may appoint other persons to be scavengers, in the room of those who have refused as aforesaid. SECT. 7. It shall be the duty of the scavengers, from Du( of gcav time to time, diligently to inspect the dams, drains, and enters. ditches, and see that they are kept open, and in good repair : and if, at any time, they find them, or any part of them, filled, or out of repair, they shall give immedi- ate warning to the proprietor, whose part is deficient, that he forthwith repair the same ; and if any proprietor shall not, within five days after such warning given, clear and repair the same sufficiently, in the judgment of the scavengers, they are hereby empowered forthwith tp cause the same to be sufficiently repaired ; and such proprietor shall pay double expense to the scavengers. And in case he neglects and refuses, for the space of ten days after an account of such expense has been present- ed to him, and payment demanded, the scavengers shall have right to recover the same by action on this statute ; provided, that if any proprietor considers himself ag- Provision for grieved, by the expense charged by the scavengers, lie a new ap- may, at his own cost, within said ten days, make applica- P rais ement. tion to the select-men of the town where the lands lie, not parties to the controYiT\v. \vho .hall estimate and 412 Title 88. Sewing-Silk Title 89. Sheep, appraise anew such expense of repairing ; and the party deficient shall pay double the expense according to their appraisement, to be recovered as aforesaid. Proprietors SECT. 8. The proprietors of such lands, when they may authorize judge it will be for their advantage, may, in a lawful commissioners meet i ng? ty a ma j or vo te, to be computed according to &c. in P repair. 8 ' their interest, agree, that such drains and ditches shall be cleared, and dams repaired, by the commissioners of sewers ; and in such case, they shall have power to em- ploy persons to do the same, and to assess the proprietors therefor, and collect the same, in the same manner as they are by this act enabled to do, in the first making of dams, ditches and drains. SECT. 9. If any person or persons, without liberty te^Jn'baiJk f rom the P r P rietors > sha11 set an 7 fence > hedge, or other of drains. incumbrance, on the bank of such drain or drains, so as to make the clearing and repairing of them more difficult, it shall be lawful for the scavengers to remove the same as a common nuisance. TITLE 88. Sewing-Silk. An Act regulating the Manufacture, and Sale of Sewing-Silk. B LE it enacted by the Senate and House of Repre- sentatives, in General Assembly convened, That no manufacturer of sewing-silk, or any other person or persons, shall sell, or offer for sale, any sewing-silk of the manufacture of this country, either from im- Skein, of what ported or domestic materials, by the skein, unless each to consist. skein consist of twenty threads, each thread of the length of two yards : and any manufacturer of sewing-silk, or any other person or persons, who shall sell, or offer for sale, any sewing-silk of the manufacture of this country, unless each skein consist of twenty threads, each thread Penalty. of the length of two yards, shall forfeit the sum of seven dollars, to any person who shall prosecute the same to effect. TITLE 89. Sheep. An Act relating to Sheep. 1 T?^ *'* 6nac * e d ty the Senate and House of Repre- *JO sentatives, in General Assembly convened, That the owners of sheep, in any town, or the major part Title 89. Sheep. 4 IX of them, may meet together within such town, as ot'ten Owners of as there shall be occasion, and at such meeting, may or- ^ptoemin der that the sheep in such town, shall be kept together, flocks; in a flock or flocks, annually, for such time, and season of the year, as they shall determine. SECT. 2. And the owners of sheep, in every such flock, and make reg- may meet together in their limits, and at such meeting, lation re- by a major vote, according to their interest, to be com- s puted according to the number of sheep each voter may own, to choose a clerk, who shall be sworn to make a true entry of all their votes and acts, as shall be made by such owners of sheep, relative thereto ; and they may also choose sheep-masters, for the hiring of a shepherd, and letting out the flock to fold, and for other prudential affairs, relating to the flock ; and also to make orders for the warning of their meetings, and all regulations neces- sary and proper, for the better management of the flock. SECT. 3. No person shall turn, or permit any flock of What floek sheep, of more than fifty, with a keeper, to go to feed may be turned upon the highways of any town, without liberty first had nfoghway. from such town, on penalty of four dollars for each of- fence, to be for the use of him, who shall sue for and re- cover the same. SECT. 4. If any sheep shall go at large, on the common sheep not t* or highways in any town, without a keeper, such sheep runatlarge. may be taken up and impounded, by any person finding the same : Provided nevertheless, that any town may, Proviso, by vote, permit sheep to run at large, within its limits. SECT. 5. Every owner of sheep shall ear-mark or brand Owners of all his sheep, that are more than six months old, with a sheep to ear proper mark, and shall cause his mark to be registered markthem - by the town-clerk of the town where he resides ; and for Penalty for every sheep as aforesaid, found unmarked, and going at ne S lect - large, the owner thereof, shall forfeit thirty-four cents, one half to the complainer, and the other half to the town- treasury. SECT. 6. If any owner of any ram, shall suffer the same Rams to b* to go at large, or out of his or her inclosure, between the restrain ee charge, take, demand, or receive any greater sum for the removed from service of any writ, or other legal process, than is by law fo^untawfui allowed, the general assembly, on proof thereof, may re- f ee s. move him from office. SECT. 21. If any deputy-sheriff shall be guilty of the like Deputies may offence, it shall be the duty of the county court, by whom be removed, the appointment shall have been approved, on com- plaint, and proof of the fact, to remove him from office. SECT. 22. If, upon complaint made to the general as- sheriff refus- sembly, it shall appear, that any sheriff illegally detains, ing to pay after demand, any money by him collected, or refuses to "I " 6 / ?, ol |f ct * satisfy any execution issued against him, in the life there- ^0^ 6 of, such sheriff shall be declared incapable any longer to hold the office, and shall be removed accordingly. SECT. 23. No deputy-sheriff shall be allowed any more Fees for actual fees for travel to serve and return a writ, or execution, travel only al- than for the actual travel. And whenever any sheriff or lc C J to ff de P- i i i i r f i 11 uty-shcnff. constable, by virtue of any writ of execution, shall seize On sheriff's any goods or chattels to answer and satisfy such execu- suitonreceipt tion, and any person shall appear to receive such goods and chattels into his care, and shall give to such officer a writing well executed by such person, therein expressing the receipt of such goods and chattels, and thereby prom- ising to re-deliver the same to such officer, and shall fail of performing accordingly, and any action shall be brought there slial j be by such sheriff or constable, there shall be no appeal in no appeal, such case allowed or granted. TITLE 91. Sickness. An Act providing in case of Sickness. TTJE it enacted by the Senate, and House of Rep- MJ resentatives, in General Assembly convened, That the civil authority and select-men of the several Board of towns, shall constitute a board of health, in their respective confuted- towns ; and shall have, and may exercise all power and au- their powers , thority, necessary and proper, for the prevention of, and of the spread of, malignant, contagious, or infectious disease ; and such board may, as occasion shall require, appoint may appoint their president, and such health officers, or health com- their officers; mittces, as they may deem expedient, and may hold meet- ings, and the members present at any meeting, convened in such manner as the board shall direct, shall be a quo- rum for business ; and shall have authority to appoint a 420 Title 91. Sickness. and clerk. Their records to be evi- dence. Their duties ; to examine in- to nuisances, and remove Expenses, how paid. Owners to re- move nuisan- ces, &c. on penalty. Board of heal i h, or their officers, may enter houses, &c. suspected of containing filth, &c. To make rules and regula- tions and give orders: clerk, who shall be sworn, and shall record the acts, do- ings and proceedings of such board, and such records, or certified copies thereof, shall be receivable in evidence, in all courts of law in this state. SECT. 2. It shall be lawful for such board, or such health officer, or health officers, or health committee, or health committees, as such board may appoint, to ex- amine into all nuisances, and such sources of filth, as may be injurious to the health of the inhabitants, whether the same shall proceed from stagnant waters, cellars, drains, common-sewers, slaughter-houses, tan-yards, purtrid ani- mal, or vegetable substances, vessels, scows, or boats, or any other cause, of any nature or kind whatsoever ; and it shall be the duty of such board, health officer, or offi- cers, health committee, or committees, to cause to be removed all filth of any kind whatever, which shall be found in any of the streets, lanes, wharves, docks, or in any other place whatever, within the limits of their town, whenever, in the judgment of such board, such filth shall endanger the lives or health of the inhabitants; and all ex- penses of such removal shall be paid by the person or per- sons, who placed it there, if known, and, if not known, by the town. And whenever any filth or nuisances as aforesaid, shall be found on private property, such board shall cause actual notice to be given to the owner, or occupier of such property, to remove the same, at his or her expense, within twenty-four hours, or such longer reasonable time, as the board shall direct ; and in case such owner or oc- cupier, shall neglect to remove the same, he or she shall forfeit and pay a fine of not less than twenty dollars, nor exceeding one hundred dollars, and shall also pay such expense and cost, as the town shall incur, by such remo- val ; and after the expiration of such time, it shall be the duty of such board, to cause such filth or nuisances, forth- with, to be removed or abated. And such board, or such health officer or committee, as they shall direct, shall have power to enter all houses, stores, cellars, vessels, and other places, where such board shall have just cause to suspect, any of the aforesaid nuisances, or causes of filth, to exist, and on finding the same, the owner or occupier of such house, store, cellar, vessel, or place, shall be lia- ble, and such board may proceed in manner and form as aforesaid. And such board is also authorized, from time to time, to make such rules and regulations, and give such orders, to have effect within the limits of their town, as to such board shall seem necessary and proper, to prevent the aforesaid nuisances, or sources of filth ; and what- ever person shall, wittingly and willingly, violate such rule, regulation or order, after the same shall have been Title 91. Sickness. 121 published for one week, in a newspaper, printed in such town, or after the same shall have been posted, for one week, on the sign-posts in said town, or after actual no- tice thereof shall have been given to such person, he or she shall forfeit and pay a sum, of not less than fifteen penalty for vi- dollars, nor exceeding one hundred dollars, at the discre- olatingthem. tion of the court. SECT. 3. It shall be lawful for the board of health, in May assign any town, contiguous to navigable waters, to make out P Iaces for > and and assign, within the limits of their town, or the waters antine. 6 ' contiguous thereto, the port or place in any harbor, road, river, or bay, in which, or where, vessels arriving or com- ing into the limits of such town, or into such contiguous waters, shall, if need require, perform quarantine ; and Wh t every vessel, which shall, between the first day of June, 8U bj e ct to and the first day of November, in each year, come from quarantine, any foreign port or place, or from any port or place, in the United States, south of the capes of the Delaware, and arrive or come to anchor in any such harbor, road, bay, river, or contiguous waters, if any place for quaran- tine shall have been assigned as aforesaid, such vessel coming and arriving as aforesaid, or coming to anchor, shall come to anchor and lie at such place so assigned, and at no other place whatever, until discharged, in manner as is hereinafter provided. And the master of every vessel Duty of the arriving or coming to anchor as aforesaid, shall forthwith masters of make signal, fora health officer, by hoisting colors in the suc TC shrouds, or, if need require, may send a person on shore, who shall, in person, or by writing, notify the health offi- cer 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 ; and every person so sent, who p en alty. shall neglect to return as aforesaid, shall forfeit and pay a fine of fifty dollars ; and every master of a vessel, arriving or corning to anchor as aforesaid, who shall come to an- chor at any port or place, in such harbor, road, river, bay, or contiguous waters, (wind and weather permitting,) other than in the port or place so assigned, for the per- formance of quarantine, if any such port or place be as- Penalty for signed, shall forfeit and pay a fine of not less than one hun- violating dred dollars, and not exceeding five hundred dollars, or quar suffer imprisonment for a term not exceeding six months, or both, at the discretion of the court. SECT. 4. On notice given to a health officer, or mem- Duty of health ber of the board of health, of the arrival of any vessel as officers, &c. aforesaid, it shall be the duty of such health officer, or member of the board of health, without delay, to visit such vessel, and such officer, or member, shall have pow- er and authority, on examination, as the circumstances of 422 Title 91. Sickness. May give cer- the case may require, to give a certificate of health, dis- heSj&c. charging said vessel from quarantine, or to cause such vessel to continue subject to quarantine : and every ves- sel, so subjected to quarantine, shall perform quarantine, under such restrictions and regulations as such board of Penalt for health shall have established, or may establish. And eve- violating rules ry owner, master, supercargo, officer, seaman, consign- or quarantine, ee, or other person, who shall neglect or refuse to obey the directions, rules, regulations, or restrictions of the board of health, relative to any vessel required to perform quarantine, shall pay a fine, not exceeding five hundred dollars, or suffer imprisonment for a term not exceeding six months, or both, at the discretion of the court. Penaltyfor SECT. 5. If any master or commander of any vessel, li- attempting to able to perform quarantine, as aforesaid, shall falsely, or elude quaran- fraudulently, attempt to elude a quarantine, by false and repesenta- unfounded declarations of the port or place from whence tions, &c. &c. he came, or shall land, or suffer to be landed from his ves- sel, any apparel, bedding, goods, or merchandize what- ever, or any person or persons, other than in the manner herein before provided, or permit any person or persons to enter on board the same, before such vessel shall have been visited as aforesaid, he shall forfeit and pay a sum of not less than one hundred dollars, nor exceeding five hundred dollars, or suffer imprisonment not exceeding six months, or both, at the discretion of the court. Health officers SECT. 6. Whenever a health officer, or member of the may order board of health, shall, on visiting any vessel as aforesaid, cle^fased^then think it necessary that any vessel required to perform how to pro- quarantine, should be cleansed or purified, he shall direct ceed - the master or commander of such vessel, to hoist a white flag on the head of the main-mast, there to be kept during the day time. And it shall be the duty of such oiHcer. or member, to apply, without delay, to the board of health, to direct the time and manner, in which the cargo on board such vessel, shall be in part, or in whole cleansed, or purified, if need require ; and such vessel, or such part thereof, as may be infected, shall be cleansed, by being washed with a lye made of water and soap, or potash, barilla or common ashes, or in such other method, as Persons on such board shall direct. And whenever such vessel shall eTto'be're 33 ' contam anv P er sori, laboring under a malignant, infec- movedtoa tious disease, such person shall be removed to a hospital, hospital. or other house, in a healthful and safe situation, and nurs- ed and provided for, in the manner prescribed by law. Passengers And sucn DOar d may also, at their discretion, cause anj &c. maybe passenger or passengers on board such vessel, and such secluded. o f the mariners, as the master or commander of such ves- sel shall not require to continue on board, to be removed Title 91. Sickness. 423 from such vessel, and secluded on shore, for the space of fourteen days, in such a convenient place, as the board shall direct; and if any person required to continue in such confinement, shall depart therefrom, without permis- Penalty on sion from the board of health, or some person acting by s ^ ch > for esca - their direction, he or she shall forfeit and pay a fine, not pin =' c ' exceeding one hundred dollars: and whatever person n others, shall, without such permission, resort to, or associate witlTthem "^ with, any person or persons so confined, shall be deem- ed to be contaminated with infection ; and shall be li- able to undergo the same confinement and penalties, as are imposed upon, or required of, such person or persons resorted to, or associated with. SECT. 7. Whenever any certificate of health shall have Certificates been given for any cargo, vessel, or person, if the board obtained by of health shall, on examination, find that the same was ^ e to be" obtained by fraud, or any false or unfounded represen- void, and tation, or shall be of opinion, that such vessel, person, then, how to or cargo, should perform further quarantine, for the P roceed - purpose of being cleansed, or purified, on notice there- of 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 BO certificate of health had been given. SECT. 8. Whenever the board of health in any town, Board of shall deem it expedient, that vessels coming or arriv- g^'ect^ther ing in their town, or in the waters contiguous there- V e S geJs to to, from any port or place in the United States, north quarantine, of the capes of the Delaware, should perform quaran- tine, such board may subject such vessels to perform quarantine : and an order of such board, published in HOW. a newspaper, printed in their town, or posted, for three days, on the sign-posts in such town, for that purpose, shall subject such vessels to quarantine ; and thereupon such vessels and their cargoes, and the masters, owners, mariners, consignees, and all other persons, shall be lia- ble to the same penalties, rules, regulations, and restric- tions, as are established by law, and shall have been, or may be established by such board, relative to vessels ar- riving or coming from a foreign port, or place. SECT. 9. Whenever any contagious or malignant dis- Board of ease is prevalent in any town in this state, or in any town or health maj place in any of the adjoining states, it shall be lawful for interdict, the board of health, of any other town in this state, to in- ^n with*in- terdict communication between their town, and such in- fected place's- fected town or place; and an order of such board, for that purpose, published or posted, in the manner prescribed in the last section, shall be deemed sufficient notice to all 424 Title 91. Sickness. Penalty for vi- olating order. Taverners,&c. to give notice of their sick lodgers, &c. Penalty. Board of health may es- tablish fees. &c. Board of health may enforce their orders. How. Physicians to report, on penalty. Penalties, &c. how appropri- ated, and applied. persons, of such interdiction ; and any person found guil- ty of wilfully violating such order, shall be subjected to a fine not exceeding one hundred dollars. SECT. 10. Between the first day of May., and the first day of November, in each year, every taverner. inn-keep- er, or keeper of a boarding-house, or lodging-house, shall, within twelve hours after any sea-faring man, or other lodger, becomes sick, in his or her house, report in writ- ing, to the board of health, or health officer, the name, (if known,) of such person, and the nature of his disor- der, on pain of forfeiting twenty dollars. SECT. 11. The board of health is authorized to estab- lish the fees or compensation, not exceeding five 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 be liable to pay the same, to such health officer. SECT. 12. Whenever any person shall refuse to obey any order or orders, given by a board of health, in pur- suance of the powers, in such board vested by law, or shall endeavor to prevent such order from being carried into effect, it shall be lawful for any justice of the peace, on the request of such board, to issue his warrant, to any proper officer, or, if need requires, to any disinterested person, therein stating such order or orders, and him re- quiring to carry the same into effect, and it shall be the duty of such officer, or disinterested person, to execute the same. SECT. 13. Whenever a board of health shall request any physician, practising in their town, to make to the board, daily, or weekly report, of such cases of pestilen- tial, or malignant fever, or disease, as occur in his prac- tice, it shall be the duty of such physician to report as aforesaid, specifying each patient's name, and place of residence, on pain of forfeiting, for each neglect or refu- sal, a fine of fifty dollars. SECT. 14. All penalties and forfeitures, that shall be incurred, for any violation of this act, shall be paid into the treasury of the town, in which the offence shall be committed. And all sums recovered, or which any per- son or persons shall have forfeited, for any breach of any preceding section of this act, or of any order, rule, or reg- ulation, of a board of health, made in pursuance of any preceding section of this act, shall constitute a fund in such town, subject only to such board, and to be by such board applied to the contingent expenses of such board, to the relief of such poor and indigent persons in their town, as may be infected with malignant or infectious fever, or disease, or to the prevention of such disease or Title 91. Sickness. 425 fever. And the costs of prosecution under this act, shall be paid out of the treasury of such town. SECT. 15. If any person shall come from any town or Persons com- place, in this or a neighboring state, where the small- ing from pla- pox, or any other contagious disease, doth prevail, or shall ^aU^ox &* have lately prevailed, or if any person or family, maybe prevaHs^how justly suspected or feared to have taken the infection, of to be dealt any such contagious disease, it shall be in the power of Wlth - the board of health, of -any town, where such person, or persons, or family may be, to order such person or persons, or family into confinement in a hospital, (if any there be in such town,) or in some other place to be de- signated by said board of health, there to remain as long as said board shall judge necessary, to insure the safety of such town from such infection, from such person or persons ; and if need require, the said board may apply to any justice of the peace in such town, who is hereby authorized to issue a warrant, directed to some proper officer, directing him to execute the orders of said board of health, in relation to such person, persons or family ; and said board is also authorized, to give orders and di- rections, for regulating and restraining any improper in- tercourse with such person, persons or family. And if any person shall neglect or refuse to comply with any Penalty for order of the board of health, made in pursuance of au- ance! mpli " thority given them in this and the next succeeding sec- tion, he shall forfeit and pay the sum of twenty dollars. SECT. 16. Whenever any person or persons, shall come Persons sus- into any town in this state, from any place, where the pectedtohave small-pox, or other contagious disease, is, or shall have been ex P se d been lately prevalent ; or when any person in such town w j^ the shall be justly suspected to have come from such infected small-pox, place, or to be infected with, or to have been exposed to, &c - hc "T to be the small-pox, or such other disease ; it shall be lawful for the board of health, of such town, or such health officer, as they shall appoint, to require such person or persons, so coming, or suspected, to disclose on oath, whether he or they have come from such place, or are infected with, or have been exposed to, the small-pox, or such other dis- ease ; and for that purpose, may administer, or cause to be administered, an oath or oaths, to such person or per-' sons ; and in case any such person or persons, shall, when ' required, refuse to disclose on oath, as aforesaid, said board of health may, without further proof, order and effect the confinement of such person or persons, so re- fusing, as is provided in the preceding section of this act, relative to persons suspected to have the small-pox, or oth^r contagious disease. 426 Title 91. Sickness. When any contagious disease pre- vails in any town, what may be done. Penalty for transgression how recover- ed. No appeal. No person to give small- pox, c. with- out permission from board of health. How to pro- ceed after per- missjon. Penalty for communicat- ing smal!-pox, &c. Penalty for transgressing rules, c. Penalty for receiving small-pox, and coming into this state. SECT. 17. Whenever any contagious disease, shall be prevalent in any town, the board of health in such town, shall have authority to do and perform, all matters and things relative thereto ; and to give, and make and pub- lish, in such manner as they may deem proper, all such rules, orders and regulations, for preserving the inhab- itants therefrom, as they shall deem expedient for that purpose ; and if any person or persons, shall transgress any rule, order or direction, made or given by the board of health, in pursuance of the power given them by this section, every person, or persons, so transgressing, shall forfeit and pay to the treasurer of such town, a sum not exceeding twelve dollars, nor less than one dollar, for every such transgression, to be recovered by any proper action, before any justice of the peace, proper to try the same ; and'ho appeal shall be allowed from the judgment of such justice of the peace in such action. SECT. 18. No person within the limits of any town in this state, shall receive, give, or communicate the infec- tion of the small-pox, by way of inoculation, or in any other such like method, or be aiding or assisting therein, without first obtaining permission from the board of health in such town, which board is hereby authorized to give such permission, by vote, and a certified copy thereof; and when such permission shall be so given, to any per- son or persons, the said board of health is hereby direct- ed and required, to assign the place, house or houses, in which the inoculation shall be carried on, and in which the infected persons shall be kept, and to appoint or ap- prove of the nurses or tenders employed, and to make and give such rules and directions, as they shall deem expedient, for preserving the inhabitants from taking the infection ; and if any person or persons shall voluntarily receive, take, give, or communicate the small-pox, direct- ly or indirectly, contrary to the true intent and meaning of this section, or be aiding or assisting therein, such offender shall forfeit and pay to the treasurer of the town, where such disease is communicated and had, the sum of one hundred dollars, for every such offence. And if any person shall transgress any rule, or direction, made or given, by the board of health, in pursuance of the authority given in this section, he shall forfeit and pay to the treasurer of the town, where the offence shall be committed, a sum not exceeding twenty-five dollars, at the discretion of the county court which shall hear and determine the same. And if any person shall voluntarily receive, or take the small-pox by inoculation, without the limits of this state, and come into any town in this state, and have the same, he or she shall forfeit and pay to the Title 92. Sign-posts. 427 treasurer of such town, the sum of one hundred dollars. And all informing officers are hereby required, to inform Informing offi- against all and every person, who shall transgress against ^ to pros this act, or any provision thereof, or any rules, orders, or regulations, made in pursuance thereto. SECT. 19. The boards of health in the several towns, Boards of are hereby authorized and empowered, to adopt such a dopj^ measures for the general vaccination of the inhabitants of & c . for vac- their respective towns, as they shall deem proper and cination. necessary, to prevent the introduction, or to arrest the progress of the small-pox ; and to defray the expenses, in Expense, how whole, or in part, of such general vaccination, out of the p public treasury of the town. TITLE 92. Sign-posts. An Act relating to Sign-posts. T> E it enacted by the Senate and House of Rep- or. . |~^ resentatives, in General Assembly convened, That a sign-post shall be erected and kept, in each school- Sign-posts to society, by the select-men of the town in which such so- be erected in ciety, or the greater part thereof, is situated, at such ^select-men, place, within such society, as the said select-men shall and kept ia judge most convenient, and shall designate ; and such repair. sign-post shall be erected, and kept in repair, at the ex- pense of such town ; and if such select-men shall not erect such a sign-post, or shall neglect to keep in repair such sign-post as may have been erected in such society, agreeably to law, such select-men shall forfeit and pay two dollars for each month, during such neglect, to be Penalty for recovered for the use of him, who shall sue for the same, neglect, within six months after such neglect. SECT. 2. .Each town may, at their annual meeting, or Towns may at any other meeting specially warned for that purpose, j^e* addition^ order to be erected within such town, any additional a l sign-post*, sign-posts therein, and in such place or places as the pub- lic interest may, in their opinion, require ; which sign- post or sign-posts shall be erected and maintained, by the select-men of the town, which shall order the same, at the expense of such town, under the same penalty, to be recovered in the same manner, of the select-rnen of such town, and for the same use, as is herein before provid- ed in case of sign-posts in societies. But no sign-post ^ shall be erected within a less distance, than three miles V i* from any sign-post within the same town, which shall } have been previously established. 428 Title 93. Slavery. Certain sign- posts, hereto- fore author- ized, to be kept in repair. Notices, &c. where to be posted. When officers may use sign- post? out of their proper precincts. stct. 3. The several additional sign-posts heretofore authorized by lawto be erected in the towns ofNew-Hart- ford, East-Windsor, Saybrook, Canton and East-Had- dam. shall be continued, and kept in repair, by the se- lect-men of those towns respectively, under the same penalty, to be recovered in the same manner, and for the same use, as is provided in the second section of this act. SECT. 4. All advertisements or notices of lands or goods, taken by execution, or for distress for rates or taxes, shall be posted on a sign-post in the society, where such lands or goods are taken, and sold thereat. SECT. 5. In such societies as are composed of parts of two or more towns, or parts of two or more counties, the constables of the several towns, of which such society is composed, and the sheriffs and deputy-sheriffs of the counties, of which such society is composed, shall have the same power to use the sign-post, or sign-posts, in such society, as though the same were situated within the proper precincts of such sheriffs, deputy-sheriffs or constables. Negro and mu- latto children, free at twenty - one. Emancipated slaves to be supported by the owners. How slaves may be eman- cipated, and the master discharged froiii future expense. TITLE 93. Slavery. An Act to prevent Slavery. TJ E it enacted by the Senate and House of Rep- jj resentatives, in General Assembly convened, That negro and mulatto children, born in this state, shall be free at the age of twenty-one, and shall not be holden in servitude, though their mothers or parents were slaves at their birth. SECT. 2. All slaves emancipated by their owners, in case they come to want after their emancipation, shall be supported by their masters respectively, their heirs, executors and administrators ; and on their refusal, the select-men of the town where they belong shall provide for their support ; and the town shall be entitled, in a proper action on the case, to recover all the expense of such support from the owners or masters of such slaves, their heirs, executors, or administrators. SECT. 3. If any master or owner of a slave is disposed to emancipate him, he may apply to any two of the civil authority, or to one of the civil authority, and two of the select-men of the town where he belongs, who, if thej find such slave to be in good health, and not of a greater age than forty-five years, shall give to the owner or mas- ter, a certificate thereof, under their hands ; provided Title 91. Slavery. 1'29 they find, on examination of the slave, that he is desir- ous to be made free ; and if the master or owner shall, on receiving such certificate, emancipate such slave, he hall be discharged from any expense for his support, provided the letter of emancipation, and the certificate, shall be recorded in the records of the town where the master resides. SECT. 4. No indian, negro, or mulatto slave, shall be No slaves to brought or imported into the state, by sea or land, from j|| ! t j| ll jj r g fe te . any place whatever, to be disposed of, left or sold within the same. SECT. 5. And if any person shall import or bring into Forfeiture. the state, any indian, negro, or mulatto slave, or slaves, to be disposed of, left or sold within the same, or who, knowing such slave or slaves to be so imported, or brought into the state, shall receive or purchase them, or any of them, he shall forfeit the sum of three hundred and fifty dollars, for every slave so imported or purchased, one half to him who shall prosecute to effect, and the oth- er half to the treasury of the state. SECT. 6. If any inhabitant of this state shall transport p ena ityf or out of the same into any other state or country, for the exportation, purpose of selling, either directly, or indirectly, or shall buy or sell, with intent to transport out of this state, or shall aid, assist, or abet, in buying, selling, or transport- ing into any other state or country, any negro or mulatto slave or servant for years, he shall forfeit the sum of three hundred and fifty dollars, one half to him who shall pros- ecute to effect, and the other half to the treasury of the state : and all contracts made and executed in payment, or part payment, for any slave bought and sold, contrary to this act, shall be utterly void. SECT. 7. No inhabitant of the state shall, for him- Slave-trade self, or any other person, either as master, factor, super- prohibited, cargo, owner, or hirer, in whole or in part, of any vessel, directly or indirectly, import or transport, buy or sell, or receive on board his vessel, with intent to cause to be transported, any of the inhabitants of any part of Africa, as slaves, or servants for term of years, upon penalty of one hundred and seventy dollars, for every person so re- ceived on board, and one thousand seven hundred dollars for every such vessel employed in the importation or transportation aforesaid ; one half to him who shall pros- ecute to effect, and the other half to the treasury of the state. And all insurance made in this state upon such Insurance ou vessel, so employed, and upon any slaves or servants ship- sla y e - shl P 8 ' ped onboard, for the purpose aforesaid, shall be utterly ^id** void : and this act may be given in evidence under the 130 Title 94. Societies. general issue, in any action brought for the recovery of suchinsurance.(l) (1) Slavery was never directly estab- lished by statute ; but has been indirectly sanctioned by various statutes, and fre- quently recognized by courts, so that it may be said to have been established by law. Few negro slaves, however, were im- ported into the state; and in 1771, the im- portation of all slaves was prohibited. Af- ter the termination of the war of the revo- lution, in 1784, the legislature, to effect the gradual abolition of slavery, enacted that no negro or mulatto child, born after the first day of March, 1784, should be held in servitude longer than till they arrived to the age of twenty-five years ; and also pro- vided for the emancipation of slaves by their masters, without being liable for their support. The consequence has been, that there are now very few slaves, and in a short time, slavery will no longer be a re- proach to the state. The numi>er of ne- groes, however, is rather encreasing, than diminishing, like the Indians. TITLE 94. Societies. An Act relating to Religious Societies and Con- gregations. E it enacted by the Senate and House of Rep- resentatives, inGeneral Assembly convened, General rights That all societies and congregations, instituted for public and powers of religious worship, which have been incorporated by law, societies for j n j oca i limits, or otherwise, or formed by voluntary asso- religious wor- ... , n i u j n j J ship. ciation, shall hold, possess and enjoy, all real and person- al property, all public buildings and funds belonging to such societies and congregations, appropriated to the use and support of public worship ; and shall have power to take care of, manage and apply the same to such purpose ; and shall be capable hereafter to receive any grants or donations, and, by voluntary agreement, to establish funds for the same object.(l) (1) The object of our ancestors in emi- grating to this country, was to enjoy their religion, not only free from persecution, but without interruption from Christians of different sentiments. They were desirous of maintaining a uniformity of doctrine and of worship. The true principles of reli- gious liberty were not then known in any Christian country, and toleration was notthe virtue of that age. Accordingly, on their arrival, they formed an ecclesiastical con- stitution ; they passed a statute, that no persons should embody themselves into Church estate, without consent of the gene- ral court, and approbation of neighboring churches ; that no ministry, or church ad- minis (ration, should be entertained or at- tended, distinct and separate from, and in opposition to, that by the approved minis- ter of the place, on penalty of five pounds ; and that every person should attend public worship, on the Lord's day, and cniys of fasting and thanksgiving, on penalty of five shillings ; and to guard against the su- premacy of the church over~the state, it was declared, that the civil authority had power and liberty to see the peac , ordi- nances, and rules of Christ's church, ob- served in every church, according o his word, and to deal with any cliurrli-u m- ber in a way of civil justice, notwithstand- ing any church relation, office, or inn. n st, so it be done in a civil, and not in an eccle- siastical way ; and that a church censure should not degrade or depose any man from any civil office or authority. Laws were made to compel each town or society, by taxation, to support the ministrj-, and in default thereof, the county courts were or- dered to see it done, and every inhabitant Title 94. Societies. 431 SECT. 2. Whenever any person shall desire to join Howanyper- any religious society or congregation, which has been, >me a mem- was compellable to pay taxes for the sup- port of the approved minister. A provis- ion, however, is made, where there is a difference of opinion with regard to church government, and it is declared, that though the congregational churches have been, in general, approved in profession and prac- tice, yet as sundry persons of piety and worth among them, were otherwise per- suaded, such persons, being approved of according to law, as orthodox, and sound in the fundamentals of religion, should have allowance in- their persuasion and profes- sion in church way, without disturbance. The only statute against "heretics, ap- pears in the revision of 1672, whereby it is enacted, that no person shall entertain any Quaker, Ranter, Adamite, or other notori- ous heretic, upon penalty of five pounds ; and that towns who 'sufiered their enter- tainment, should be subjected to a penal- ty of five pounds per week ; that the gov- ernor, deputy-governor, or assistants, should have power to send them out of the colony, or commit them to prison ; that no person should hold any unnecessary dis- course with them, on penalty of twenty shillings ; or keep their books, on penalty of ten shillings ; that their books should be seized, and delivered to some court, who should suppress them ; and if any master of a vessel should land such heretics in the colony, he was compellable to transport them out of the state, on penalty of twen- ty pounds. This statute does not appear in the revision of 1750. No creed, or form of church government, was adopted until 1708 ; and then the con- fession of faith, heads of agreement, and regulations in the administration of church discipline, as consented to by the elders and messenger's of the churches, convened at Say brook, were approved of; and all the churches, thus united in doctrine, wor- ship and discipline, were declared to be established by law. Though this statute was omitted in the revision of 1784, yet the creed and form of church government there- by established, have ever been recognized and practised upon, by the congregations in the located societies. In 1708, an act of toleration was passed, copied from the celebrated toleration act of William and Mary, declaring, that all per- sons who should conform to that act, should have liberty of worshipping God, in a way separate from that established by law ; but should not be excused from paying taxes to the approved ministers of the churches, established by law. Though there were some contests in the established churches, yet there appeared to be no danger of an innovation till the . appearance of the Baptists, and some oth- er denominations ; and in 1723, a statute was passed, reciting, that some persons had formed themselves into separate meetings, in private houses, for religious worship, on the Lord's day, and that others, with- out ordination, had administered the sacra- ment of baptism, and thereupon enacting, that all persons who should neglect the pub- lic worship of God, on the Lord's day, in some lawful congregation, and form themselves into separate companies, in private houses, should forfeit twenty shil- lings, and that any person, not being a lawful minister, who should administer the sacraments, should incur a penalty of ten ; pounds, or be whipped not exceeding thir- ty lashes. In 1727, the members of the church of ; England made an application to the legis- lature, to be exempted from paying taxes for the support of the ministry of any oth- er denomination, and for the privilege of taxing themselves, to support their own ministry ; and an act was passed, direct- ing that all persons, within the limits of a parish, belonging to the church of England, and to the churches established by law, should be taxed by the same rule, and in the same proportion, for the support of the min- istry, in such parish ; and where there was a society of the church of England, accord- ing to the canons of that church, so near to any person who had declared himself to be of that church, that he could conven- iently, and did ordinarily, attend public worship there, then the collector of the tax, on levying the same, should pay it to that minister of the church of England, on which such person attended, who should have pow- er to receive and recover the same ; and when the taxes so collected, should be in- sufficient to support the minister of the church of England, the members of the so- ciety were vested with the power of tax- ing themselves, and they were also ex- empted from paying taxes for building or repairing the meeting-houses of the estab- lished churches. The principle of exempt- ing dissenters from taxes to support the established churches, having been admit- ted in one case, it became necessary to ex- tend it to others. Accordingly, in 1729, this exemption was extended to Quakers and Baptists, who lived so near to any so- ciety of their denomination, that they could and did attend public worship therein, on their producing a certificate from such soci- ety, that they had joined, and belo'nged to it. 432 Title 94. Societies. her of areli- or shall be, incorporated by law, or has been, or shall gious society, ^e, formed, by voluntary association, he may lodge with In the year 1742, itinerant preachers, and lay exhorters, having excited an alarm for the ecclesiastical constitution itself, the legislature passed an act to prohibit any ordained or licenced minister, to preach and exhort, in any society, not under his care, without the invitation of the settled minister, and major part of the church and society, on pain of being excluded from the benefit of the law for the support of the ministry ; also, to prohibit any person, not a settled or ordained minister, from going into any parish to teach and exhort the people, without the invitation of the settled minister, and the major part of the church and congregation, on penalty of be- ing bound to his good behavior ; arid there was a further clause, that if any foreigner, whether licenced to preach or not, should preach, teach,, or publicly exhort, in any town or society, without the invitation of the settled minister, and the major part of the church of such town and society, or if there were no settled minister, then at the call of the church and inhabitants of such society, he should be sent, as a vagrant, by warrant, from constable to constable, out of the bounds of the colony. This act not answering the intended effect, the le- gislature, in May, 1743, repealed the act of toleration, passed in 1708 ; at the same time, liberty was given to sober dissenters, to apply to the assembly for relief; and in October following, an act was passed, di- recting that if any foreigner or stranger should, at any time, return into the colo- ny, after he had been, by authority, trans- ported out of it, and should teach, preach, or exhort, in any town or society, it should be the duty of any magistrate, who should have information of it, to cause such per- son to be apprehended and brought before him, who could bind him, in the penal sum of one hundred pounds, to his peaceable and good behavior, and not to offend again in like manner. But the ferment soon subsided, and in the revision of 1750, these statutes do not appear. At this time, the denial of the being of a God, the doc- trine of the Trinity, and the divine author- ity of the scriptures, was made punishable, for the first offence, by disability to hold any office, and for the second offence, by the additional disability to sue, to be a guardian, executor or administrator. This statute was copied from one passed in the reign of William and Mary. There never was a conviction under it. Atheism and Deism were never avowed. Unitarians have been allowed to promulgate their opinions with impunity. This statute has been superseded by the constitution. In the revision of 1784, more liberal principles of toleration were adopted. Dis- senters, of all denominations, were ex- empted from the payment of taxes to the support of the ministry, in the located so- cieties, where they had formed distinct churches or congregations, in a way agree- able to their consciences, and ordinarily attended public worship therein, and con- tributed their due proportion to the sup- port thereof, and produced a certificate from such church or congregation, signed, by their order, by the minister, or other of- ficer, and lodged the same with the clerk of the located society wherein such person dwelt. Some disputes having arisen re- specting the form and validity of certifi- cates, and a jealousy existing that an un- due advantage was taken of the law, an act was passed in May, 1791, directing that certificates, to be valid, must be ap- proved of by a justice of the peace. This law excited general disapproba- tion, and in October, 1791, an act was pas- sed, authorizing dissenters to make certifi- cates, in their own names, and lodge them with the clerk of the society, in the limits of which they lived, which should exempt them from taxes, so long as they ordinari- ly attended public worship, in the society to which they joined ; and dissenting soci- eties were vested with a power to tax themselves to support ministers, and build and repair meeting-houses. This was, in effect, placing all denominations on the same footing; for after this, there was no attempt to tax those who had lodged certificates, under any circumstances. Yet there was a nominal distinction, by which one denomination was obliged to lodge certificates with the other ; but all distinc- tion is now done away, by the constitution ; the crime of heresy is unknown to our law ; all denominations of Christians are precisely on the same footing ; the support of the ministers of religion depends on the consent and voluntary contribution of the people ; and this statute is intended merely to give them the power of providing for its support, in such manner as they may think proper. Thus, the people of this state, in less than -two centuries, have passed from a religious establishment, through various changes, to perfect freedom ; and it may be added, that these changes have not broken up any of the located societies, but public worship continues to be duly at- tended in them all. Title 94. Societies. 433 the clerk of the same, or if there be no clerk, with any other officer thereof, a written declaration, subscribed by himself, expressing his desire and intention of becom- ing a member of such society or congregation, and there- upon he shall become a member thereof, entitled to all the privileges, and liable to all the duties of a member, unless a majority shall, at their next lawful meeting, manifest their dissent thereto. SECT. 3. The members of the several religious socie- Annual meet- ties and congregations, may annually meet, some time in in - the month of December, or at any other time they shall judge convenient, at the usual place of holding meetings, or at such place as they shall establish, upon warning and notice given, at least five days before such meeting, by Notice, how the committee of the society or congregation, or if there glvei be no committee, by the clerk, and if there be no clerk, by a warrant from a justice of the peace, upon applica- tion of five or more members of the society or congre- gation. SECT. 4. And the members of such societies and con- gregations, being lawfully assembled, shall have power, at their annual meetings, to appoint a clerk, who shall Clerk take the oath provided by law, and shall make entries of all the votes and proceedings of the society or congrega- tion, a copy of which, attested by him, shall be legal evi- dence in all courts ; and he shall continue in office till another be chosen and sworn in his room ; also, to ap- point three or more of their members to be a committee, Committee, to order the affairs of the society, for the year ensuing, who shall adjust and settle all the claims on the society Their duties or congregation, and draw orders on the treasurer for the anc * P wers - payment of the same ; and to appoint a treasurer, who Treasurer, shall receive all the money belonging to the society or congregation, and pay over the same to the order of the society or congregation, and render his account therefor, when required. SECT. 5. The members of religious societies and con- powers of re- gregations, shall have power to hold meetings, when their ligious socie- coucerns render it necessary, and may adjourn the same ties * n lawful from time to time ; and in their lawful meetings, shall have power, by a major vote, to settle ministers, according to the usage of the denomination of Christians to which they belong ; to repair their meeting-houses ; to make such regulations for the support of religious worship as they may think proper ; to establish the times and places of holding their meetings, and the mode of warning them : and to appoint committees, or agents, to carry into effect the votes and orders of the society or congregation, as may be necessary. 55 434 Title 94, Societies. How place of erecting meet- ing-house shall be established. Power of tax- ation. Collectors. Committee to make out rate-bill. Warrant. Collection of tax. Distress against negli- gent collect- ors. Right of Tot- ing SECT. 6. Auy society or congregation may, by a vote of two thirds of the members present, agree to build a new meeting-house, and to establish the place where it shall be erected ; or, if they judge it expedient, may apply to the county court in the county where such society or con- gregation is situated, to establish the place, and such county court, after hearing all parties concerned, may appoint and fix the place where such meeting-house shall be erected ; and it shall not then be lawful to erect it in any other place. SECT. 7. All societies and congregations of Christians may, by a major vote of the members present, in a lawful meeting, lay a tax on the members of such society only, to build and repair meeting-houses, to provide for the annual support of the gospel ministry, and to defray any other expense necessarily incurred in the proper business of such society or congregation ; and to appoint a collect- or or collectors, to collect the same ; and every collector, who shall refuse to serve, shall forfeit and pay the sum of five dollars to the treasury of the society or congregation, to be recovered by action brought in the name of the treasurer. And it shall be the duty of the committee of such society or congregation, to make out a rate-bill against the members, containing the proportion of tax for each member to pay, according to the assessment list of the state, completed next previously to the laying of the tax, and shall apply to a justice of the peace in the town or county for a warrant, directed to the collector or col- lectors, appointed to collect such tax, authorizing and requiring him or them to levy and collect the same ; which warrant such justice of the peace is empowered and required to grant. And it shall be the duty of such collector or collectors, to collect such tax, and pay over the same to the treasurer of the society or congregation ; and if he or they shall fail or neglect to collect it, by the time appointed, then the committee of the society or congregation, shall take out a distress, signed by a justice of the peace, who is hereby empowered to grant the same, against such negligent collector or collectors, di- rected to the sheriff of the county, or constable of the town, commanding him to collect such part of the tax as remains due and unpaid from said collector or collectors, and to pay it over to the treasurer of such society or congregation.. SECT. 8. The lawful members of each society or con- gregation, of the age of twenty-one years, shall have a right to vote in the meetings of the same ; and if any person, not a member of the society or congregation, shall intermeddle or vote in any meeting thereof, he shall Titk 94. Societies. 435 forfeit and pay the sum of two dollars and fifty cents, for every such offence, one half to the complainant who right shall prosecute the same to effect, and the other half to the treasury of the society or congregation, where the offence is committed. SECT. 9. Every society or congregation shall have pow- Power to pro- er to provide for the support of public worship, by the ^de tor sup- rent or sale of the pews or slips in the meeting-house, w r rs hi p pu by the establishment of funds, or in any other mode they may judge expedient. SECT. 10. Upon the refusal, death or removal of any Vacancies, officer of a society or congregation, a meeting may be how supplied. called in the manner prescribed by law, and the vacant place be supplied by a new choice. SECT. 11. When there are any lands, money, or other Estate given estate, granted, given or sequestered, according to ancient fo f r *^ e ^^ rt custom, usage or practice, or shall be hereafter, given, tr y 5 may be granted or sequestered for the use and support of the held and man- ministry, in any society or congregation in the state, then a ed ' . a committee appointed by such society or congregation, ^ (which committee they are empowered to appoint) shall have power to demand, recover and receive, and take care of all such lands, money or estate, for the use of the ministry, according to the true intent of such grants, donations and sequestrations, and shall be accountable for the profit and interest thereof to such society or con- gregation ; and the committee aforesaid, or the major part of them, may make all necessary contracts, and commence and prosecute to final judgment, any suit or suits, which may be necessary for the purpose aforesaid. And such committee as shall, from time to time, come in the room of others, removed by death or otherwise, shall have the same power to enforce any contracts, and to commence and prosecute any suit for the matters afore- said, as fully as those whom they succeeded in office could have done, if not removed. SECT. 12. When any society is constituted of two or i nw hat case more adjoining towns, so that part of the society in any part of a so- such towns have distinct interests in any grants, donations ciet y sha11 or sequestrations for the support of the ministry, then e such part of the society shall have the same power, and ty. authority to manage the same, as is hereby given to socie- ties ; and may, in the same manner, warn meetings of such part of a society ; may appoint a clerk, who shall be sworn in the same manner ; and shall have the same power, and may appoint a committee to manage and take care of the interests aforesaid, with the same power and authority as is given to the committees of societies, 436 Title 95. Sptritous L 4 qw>m. Christian belonging to any society, may form themselves in to a society. who shall be accountable for the rents and profits of the same, in the same manner. not SECT. 13. Christians of every denomination, not be- longing to any particular society or congregation, shall have power to unite and form societies or congregations, in such manner as they may think proper ; and when so associated, such societies or congregations shall have all the rights, powers and privileges, given by this act to re- ligious societies and congregations. TITLE 95. Spiritous Liquors. An Act to regulate the Selling of Spiritous Li- quors. SECT Retailers not to sell without a licence. Meeting of civil authority to approbate retailers. Oath of clerk. Form of li- cence- T> E it enacted by the Senate and House of Rep- ' 1J resentati-ces, in General Assembly convened, That no person or persons shall hereafter sell, directly or indirectly, any wine, or any distilled spiritous liquors, for- eign or domestic, in a less quantity than ten gallons, with- out first having obtained a licence to be a retailer, in the manner hereafter prescribed in this act. SECT. 2. It shall be the duty of the civil authority, in each town, to meet on the first Monday of January, annu- ally, to approve of proper persons to be retailers, for the year next ensuing ; and when so met, the senior justice present, shall be chairman of such meeting, unless some other person be by them appointed ; also, to choose a clerk, to whom, before he enters on the duties of his of- fice, shall be administered the following oath : " You A. B., being chosen and appointed clerk of the civil authori- ty, in the town of , do swear, that you will truly and faithfully execute the office to which you are chosen and appointed ; make true entries of the proceedings of the civil authority, at any of their meetings ; account for and pay over all monies belonging to this state, received by virtue of your office ; and perform all other duties in- cident to your appointment, according to your best skill : So help you Goc?." Also, to lodge with such clerk, a list of persons by them approbated, certified by the chairman, designating the place where, as well as the name or firm under which such person or persons desire to retail ; whereupon said civil authority shall grant a licence to such retailer, signed by their clerk, in the form follow- ing : " Whereas the civil authority of the town of , in the county of , in the state of Connecticut, reposing special confidence in the integrity, and faithfulness of , to support the laws of this state, for the suppression Title 95. Spiritous Liquors. 437 of an improper use of spiritous liquors, and having ap- proved of the said according to law, to be a retailer of the same : We, therefore, do give licence to the said to be a retailer of wines and distilled spiritous liquors, ac- cording to the laws of this state, at , in said town of , until the second Monday of January next. Giv- en under my hand, this day of . Per order, C. D., Clerk." For which licence the retailer shall pay twenty-five cents, and the same shall be recorded by said clerk, at full length, in a book provided for that purpose. And in case any person or persons desire to commence the business of retailing wines, or distilled spiritous li- quors, after the meeting of the civil authority, on the first Monday of January, application may be made to the chairman or clerk of said board, whose duty it shall be to call a special meeting of said authority, at the expense of Special meet- the applicant or applicants, a majority of whom, when ing. met, may grant licence in manner aforesaid. Provided however, that before any licence be granted to any re- tailer, he shall pay, on each licence, to the clerk before mentioned, for the use of this state, a sum, at the rate of five dollars per annum, to be computed from the date of Duty of five said licence, to the second Monday of January then next, dollars on li- to be accounted for by the tenth day of May, annually, C and paid over to the treasurer of this state, in the same manner as is provided for the payment of duties on writs, in civil process. SECT. 3. No licence, granted in pursuance of this act, No person to shall be so construed as to authorise any person to sell, sell liquors u directly or indirectly, any wines or spiritous liquors, mix- ^fsl^usV'^ ed, or unmixed, to be drunk in his or her house, store, shop, distillery, or in any other place or dependencies. SECT. 4. If any person or persons shall sell or retail any spiritous liquors, contrary to the true intent and gelling ^with- spiritofthis act, without licence as aforesaid, such per- out licence. son shall forfeit and pay the sum of fifty dollars one half to him who shall give information, and the other half to the use of this state. SECT. 5. Nothing in this act contained shall be con- This act ndt strued to prevent any keepers of taverns, inns, or houses to affecUav- of public entertainment, duly licenced for that purpose, er agreeably to the laws of this state, from vending, to be really drunk within such taverns, or houses of public en- tertainment, any wines or spiritous liquors as before- mentioned. SECT. 6. All suits and actions, grounded on this act, Duty of state'* shall be instituted and pursued, by the attornies for the attorney to state, in their respective counties ; and the sums recover- pros ed, exclusive of costs, shall be paid, one moiety to the 438 Title 96. Mage-Drivers. Disposition treasury of the state, and the other to the person who of forfeitures. sha n have first given information of the offence to the at- torney ; but if there be no such informer, the whole shall be paid to the treasurer of the state. TITLE 96. Stage-Drivers. An Act for the regulation of Drivers of Stages and other Carriages. j SjE it enacted by the Senate and House of Rep- _D resentatives, in General Assembly convened^ When drivers That when the drivers of any stages, coaches, waggons, ef carnages chaises, sleighs, cutters, or any other carriage for the proce'ed? W ' conveyance of persons, shall meet in the public high- way, and have occasion to pass each other, it shall be the duty of each to turn to the right, so as to give the other one half of the travelled path, if practicable, and to slacken their pace, so as to give each other a fair and equal advantage to pass : and if any driver shall be guilty Penalty for of a breach of this act, he shall forfeit the sum of fifteen breach of this dollars, one half to him who shall prosecute to effect, and the other half to the treasury of the town where the Drivers re- offence is committed : and every driver shall be respon- f sible to the P art ^ in j ured > for a11 the damage occasioned by his refusing to conform to the provisions of this act. When driver, SECT. 2. If any driver of such carriages shall, by neg- by negligence, ligence or carelessness, drive, or run his carriage against injures an- ano ther carriage or horses passing the highway, and con- other, he shall c ,, a . . /-j-u- pay treble forming to the provisions of this act, and cause any mju- damages; ry to such carriage, or any person in it, or to the horses ; or shall drive or run his carriage against any person tra- velling on horse-back, or on foot, and injure him, when such person is not guilty of any blameable conduct to oc- casion it ; or shall overtake any carriage travelling the same course, and drive or run his carriage against such carriage, and injure the same, or any person in it, or the horses ; such driver shall be liable to pay treble damagee when b de an( ^ cos * s * * ne P ar ty injured. And every driver, who sign, treble 6 sna M wilfully, and with design, commit such injury, shall, damages, and in addition to treble damages and costs, to be paid to the a fine not ex- party injured, forfeit to the treasury of the state, a sum hundmldol- no * exceeding one hundred dollars, according to the lars. nature and aggravation of the offence. And the owner Owners liable or owners of any stage, or other carriage, shall be liable recovered to P a ^ a11 ^ e dama g es recovered against the driver, by virtue of this act. if such driver is unable to pay the Title 97. Strays. 439 same, to be recovered by writ of scire-facias, before against dri- any court proper to try the same. SECT. 3. When any carriage of the above description, shall meet or overtake a team in the public highway, Teamsters to and shall have occasion to pass the same, it shall be the fl v SJJJJtj*" duty of the teamster, when necessary and practicable, to pass. ' to turn his team so far on one side of the road, as to give such carriage an opportunity to pass by it ; and every teamster, who shall be guilty of a breach of this act, shall forfeit seven dollars, one half to him who shall p ena ity f or prosecute to effect, and the other half to the treasury of breach, the town where the offence is committed. TITLE 97. Strays. An Act relating to Stray Beasts and Lost Goods. "J"jE it enacted by the Senate and House of Repre- CT * ' fj scntatives, in General Assembly convened, That whenever any person shall find any stray beast, in a ^ ^asts or suffering condition, or any lost goods, of the value of fif- i os t goods, to ty cents, he may take the same into his possession, and inform the shall immediately inform the owner thereof, if known; owner : and if the owner thereof, be not known, and the value of such beast or goods, be not greater than five dollars, the finder, or keeper thereof, shall, within fourteen days, af- ter taking such beast or goods into his possession, cause a ^ nd ' description of such beast or goods, with the natural and be^e^tered artificial marks thereof, and the place where the same by the town- were found, and by whom kept, to be registered by the c ' er k town-clerk of the town, wherein the said beast or goods shall have been found ; but if the value of such beast or goods, be greater than five dollars, the finder or keeper thereof, shall, within the time aforesaid, cause a descrip- tion thereof, as aforesaid, to be inserted in a newspaper, or advertised printed in a town nearest the place where such beast or in news-pa- goods shall have been found ; and if any person, who shall 1>6r ' find, or take such beast or goods into his possession, shall not inform the owner thereof; or cause a register or ad- vertisement thereof to be made, as aforesaid; he shall for- Penalty, feit the value of such beast or goods, one half to him who shall complain of and prosecute the said finder or keeper to effect, and the other half to the treasury of the said town. Owner claim- SECT. 2. And if the owner of such beast or goods shall, in S in six within six months, after such information, or registering, er advertising, appear and make good his title or claim, to tion ; 44$ Title 98. Surveyors. such beast or goods, he shall have restitution thereof, up- on paying to the tinder or keeper, all proper charges about the same, to be assessed, when the owner and tind- er or keeper, cannot agree, by any justice of the peace, qualified to judge between the parties. therwise, to SECT. 3. And if no owner shall appear, within the said be appraised. s i x months, when such beast or goods shall have been registered, or advertised as aforesaid, the town-clerk, or a justice of the peace, shall then appoint two judicious, disinterested persons, who shall, under oath, appraise such beast or goods, according to the then just and true value thereof, in money. Owner ap- SECT. 4. And if the owner shall appear, within six pearing in six months after such appraisement, and make good his right months after, o c ] a j m to such beast or goods, and pay all proper charg- to have goods, . r J r r , r S, &c. ortheval- es about the same, to be assessed as aforesaid, he shall ue. have restitution of the same, or the value thereof, accord- ing to said appraisement, at the election of the finder, or keeper. No owner ap- SECT. 5. And if no owner shall appear, within twelve pearing in months, and a day, after the registering, or advertising of months, goods, sucn beast or g ooa>s ? as aforesaid, the value thereof, ac- &c. how dig- cording to said appraisement, after all proper charges are posed of. deducted, shall belong to the treasury of the town where such beast or goods shall have been found ; and the se- lect-men of such town, are hereby empowered to recov- er and receive the same, for the use of said town. Goods, &c. to SECT. 6. If the finder or keeper of such stray beast or be at the lostgoods. shall be faithful in taking care of the same, such nsque oi own- , JLIII i /> \ ir erg ,; beast or goods shall be at the risque of the owner thereof. during the six months, next after the same shall have been informed of, or registered, or advertised, as aforesaid. TITLE 98. Surveyors. An Act for the appointment of Surveyors. E it enacted by the Senate and House of Rep- resentativcs, in General Assembly convened, Surveyor-gen- That a surveyor-general shall be appointed, by the gene- eral -, ral assembly, whose duty it shall be to superintend the surveying of land in this state, according to the provis- ions of this act, and who shall have power to appoint a who may ap- deputy in each county, except that to which he belongs, point deputies. f or the purpose hereinafter mentioned. SECT. 2. The surveyor-general, and his deputies, shall. Their duty to a * a ^ t* mes 5 have and keep a field compass, on the im- keep standard proved plan of the Rittenhouse compass, for a standard Title 98. Surveyors. 441 compass, in their respective counties ; and they shall ex- compass, and arni'ie all compasses presented to them, by any county- Bealothers - survivor, in their respective counties, by such standard compos, or otherwise, and shall seal such as are found esse:Uiai!y correct, with the capital letter C. and that which begins the name of the county ; and if any county- surveyor shall use any compass, which shall not have been examined, and sealed as aforesaid, or any chain that shall not have been examined and sealed, according provisions of the statute, entitled, " An Act pre- scribing and regulating Measures," shall be liable to a penalty of tive dollars ; one half to him who shall pros- ecuce to effect, and the other half to the town, where the offence is committed. And the surveyor-general, or his deputy, who shall neglect his duty herein, shall be liable to the like penalty, to be recovered and .applied in the same manner. SECT. 3. The Bounty courts, in their respective coun- County sur- ties, shall appoint one or more persons in each county, veyors. to be a county-surveyor, or surveyors, who shall have Their power, power to lay out lands, to renew the bounds of lands al- ready laid out, according to their original grants, to run lines, to survey and measure land, and to do any other service proper for a surveyor to do ; and who shall take the oath prescribed by law- : Provided, that no person shall be appointed a county surveyor, unless he produce a certificate from the surveyor-general, or his deputy, within the county, that he is duly qualified, in point of science, in the art of surveying lands, in the most approv- ed method : and the surveyor-general, and his deputies, shall be entitled to one dollar for their services, from those who employ them, to examine and certify their sci- ence in surveying, and to examine and seal, or condemn, their field compasses, as in this act required. SECT. 4; The surveyor-general shall have power, as Powers of a public officer, to survey land in any county in the state ; surveyor-gen- and the deputy-surveyors, and county surveyors, in the deputies.^ 8 county for which they are respectively appointed; and each of them shall be entitled to one dollar and fifty cents ^ pem per day, for their services, besides their expenses. SECT. 5. It shall be the duty of the surveyor-general to Surveyor-gen- give his aid, assistance, and counsel, in solving all doubts eral to solve and questions, that may arise in practice, between any q uesti . ons of two or more surveyors, according to the rules of the art ; prat for which service he shall be entitled to two dollars per day, from those who employ him. SECT. 6. Whenever any surveyor is employed in sur- Surveyors veying lands, in laying out lands, in renewing lost bound- m t ^ ^ t to aries, in running lines, or doing any service in his office, chain-men. 56 442 Title 99. Taverns. and there shall be occasion to employ men to carry the chain, such chain-men shall take the oath prescribed by law ; and such surveyor shall have power to administer the same. May pass on SECT. 7. When a surveyor is called out to run any line the lands of between adjoining proprietors, and, in order to find the others, and not course5 f rom bound to bound, he is obliged to run a ran- trespass. dom line, to find the certain and true course, and, in so doing, runs on the land of adjoining proprietors, such surveyor shall not be deemed guilty of a trespass, in so running such random line, but may lawfully do the same; provided it be done in the months of March, April, Octo- ber or November. TITLE 99. Taverns. An Act for Licencing and Regulating Taverns, and Suppressing unlicenced Houses. irmE it enacted by the Senate and House of Rep - CT * ' MJ resentatives, in General Assembly convened, How tavern- That the civil authority, select-men, constables and keepers shall grand-jurors, in the several towns in the state, shall con- vene, some time in the month of January, annually, and shall, by their major vote, nominate such person or per- sons, as they shall judge fit and suitable, to keep an house or houses of public entertainment, in such town, for the year ensuing. And if any of the persons, so nominated, shall die, or refuse to take out licence, or be denied li- cence by the county court, or shall remove from the town, or be legally suspended, and the civil authority and other officers, shall judge it to be matter of public .con- veniency and necessity, to add to the number nominated in January, they may, at any other time within the year, convene, and, by their major vote, nominate any suitable person or persons, for that purpose ; which nomination, certified under the hands of a majority of the civil author- ity and select-men, in such town, shall be transmitted by them to the next county court in the county ; which court shall grant licences to such and so many of such persons as they shall judge to be suitable and necessary to keep houses of public entertainment, and to no others ; and shall take a bond to the treasurer of the county, in the sum of seventy dollars, from every person to whom li- cence shall be granted, for the due observance of all the laws, that are or shall be made respecting tavern-keep- ers, or houses of public entertainment. Which licences, granted to persons nominated in January, shall be in Title 99. Taverns. 443 torce for one year, and no more ; and the licences grant- ed to persons nominated at a subsequent time, shall ex- pire at the same time as those granted to persons nomi- nated ia January. SECT. 2. No licenced tavern-keeper shall suffer mi- Not to suffer nors, apprentices, or servants, to sit drinking in his house, minors to sit or to have any spiritous liquors, on pain of forfeiting one drinking m . . . ,, i /r their houses. dollar for every such offence. SECT. 3. No licenced tavern-keeper, shall suffer any of the inhabitants of the town to sit tipling, or drinking to excess, in his house, or any of its dependencies, on penal- ty of one dollar, for every such offence. SECT. 4. No licensed tavern-keeper shall sell to any Not to sell li- persons, any spiritous liquors, on the Lord's day, (ex- W JJg; cept to strangers and boarders,) nor permit any persons a t their houses, to meet in company or companies, at his, house, on the cm Lord's day. Lord's day, or any fast day, on penalty of seven dollars, for every such offence. SECT. 5. No licenced tavern-keeper shall keep in his Not to keep house, or any of its dependencies, any cards, dice, tables, implements of billiards, or other implement, used in gaming ; nor suffer fo suffer^t*^ any person to play at such games, or any unlawful game, in his house, or its dependencies; on pain of forfeiting seven dollars, for every such offence ; and the forfeitures aforesaid, shall be to the treasury of the town where the offence is committed. SECT. 6. It shall be the duty of the civil authority and Civil authori- select-men, to inspect the conduct of the tavern-keepers, in tv and select - their respective towns; and when it shall appear to them, mon'ishtavern- by their own observation, or the information of others, that keepers. any tavern-keeper does not duly observe the laws regu- lating houses of public entertainment, but suffers drink- ing, gambling, disorders, and irregularities to be practis- ed, contrary to law, they, or a major part of them, may cite such tavern-keeper to appear before them, and ex- amine him with regard to the matters aforesaid, by any proper evidence ; and if they find him in fault, they may ad- monish him to refrain from such misconduct, on pain that his licence shall be vacated: and if such tavern-keeper shall disregard such admonition, and persist in his disobe- dience to the law, such civ il authority and select-men, or a major part of them, may revoke and set aside his li- May revoke cence ; and shall cause a copy of such revocation, under licence. their hands, to be left with such tavern-keeper, and to be posted on the public sign-post in said town ; upon which he shall no longer have right to keep a house of public entertainment: Provided, that such tavern-keeper shall Right of ap- have a right to appeal to the next county court, in the peal ' county, who, after due enquiry into the facts, may set 444 Title 100. Taxes. No person to keep tavern, without li- cence. Penalty. aside, or confirm such revocation, as to them shall appear just and proper. SECT. 7. No person or persons, except such as are du- ly licenced to keep houses of public entertainment, ac- cording to the provisions of this act, shall be a common victualler, or tavern-keeper, or shall sell, to be drunk within his or her house, shop, or dependencies, or suffer there to be drunk, when by him or her sold, any metheg- lin, wine, rum, brandy, gin. or other strong liquor, on penalty of forfeiting and paying the sum often dollars, for the first offence, and the sum of twenty dollars, for the second offence, and so double for every breach of this act, of which he or she shall be convicted, one half to him who shall prosecute to effect, and the other half to the treasury of the town where the offence is committed. And no person shall buy and drink any metheglin, wine, rum, brandy, gin, or other strong liquor, in any house, shop, or dependence, of any person not duly licenced to keep a house of public entertainment, upon the same pen- alty as is inflicted, for selling liquors, by this act. And ft sna u De fa e duty of constables, and all informing offi- tmentf cers > * make presentment of all breaches of this act, aches of in which case the whole penalty shall belong to the treas- this act. ur y O f the town. And all presentments or actions, for the first offence, against this act, may be heard and de- termined, by a justice of the peace. TITLE 100. Taxes. Informing offi- cers to make CHAP. I. An Act for the Assessment of Taxes. Towns to ap- point assess- ors, annually. Their duty. B it enacted-by the Senate and House of Rep- *JLB resentativesi in General Assembly convened, That the select-men of each town in the state, shall warn a town-meeting, to be held on or before the first Monday in October, in each year, at which meeting, one or more judicious electors, not exceeding five, shall be chosen as- sessors, whose duty it shall be to receive the lists of the inhabitants of the town, containing all their taxable prop- erty, and make the assessments and valuations, by law required. The assessors, so chosen, shall, by posting no- tice on the sign-posts of their respective towns, or by publishing the same in some news-paper, printed in the town to which they belong, require of all persons, liable to pay taxes, in their respective towns, at least five days before the twentieth day of October annually, written or printed lists, of all taxable property belonging to such Title 100. Taxes. 445 persons, on the first day of said October, with the particu- lars of all property, real and personal, liable to be assess- ed and valued ; and the assessors shall obtain such other information, by viewing the premises, or otherwise, as may be deemed expedient and necessary, to amend, add to, and fill up said lists. And in case any person, liable to pay taxes, shall, after notice given as aforesaid, neglect or refuse to give or send to the assessors, a written or printed list of all his taxable property, on or before the twentieth day of said October, it shall be the duty of said assessors to fill out a list for such person so neglecting or refusing, at three-fold the rate percent or amount that the taxable property of such person would otherwise have been rated. And when the lists of any town are so re- ceived, or made by the assessors, it shall be their duty to value and equalize the property liable to be, assessed, and to make other assessments by law required, and arrange said lists in alphabetical order, make out an abstract there- of, and lodge the same in the town-clerk's office of said town, by the first day of December, in each year ; and the town-clerk shall exhibit said lists and valuations, to the in- spection of every person liable to pay taxes, when there- to requested. The several towns in the state shall, also, g oar( j f re . at the town-meetings aforesaid, elect a board of relief, to ]j e f. consist of not more than five judicious electors, who shall Theirduty meet on or before the first Monday of January, in each year, having given ten days' notice, atleast, of the time and place of such meeting, by posting the same on the public sign-post in such town, or by publishing notice in some public news-paper, printed in the town to which the said board shall belong ; and shall hear and determine all ap- peals to them made from the doings of the assessors, and shall equalize and adjust the valuations and assessment lists of their respective towns, whether appeals are made, or not, from the doings of said assessors ; and said board of relief, in equalizing and adjusting the lists aforesaid, may increase or reduce the list of any person ; but be- fore they proceed to increase the list of any person, they shall notify him, or leave a written notice at his last usual place of residence, two days at least, before in- creasing his list, to appear, and shew cause, if any he have, why his list should not be increased. And the town-clerk Dut J f town of each town shall, after said lists have been received, ex- clerk - amined and corrected, by the board of relief, transmit, by mail, or otherwise, an abstract of said lists to the comp- troller, by the first day of March, in each year ; which abstract shall be made out agreeably to a form to be fur- nished by the comptroller, to the several town-clerks. And the comptroller hereby is required to furnish blank forms to the several town-clerks, on or before the first 14t> Title 100. Taxes. Penalty for neglect. Estate to be valued. Dwelling- houses. Lands. Manufacto- ries. Lands seques- tered for pub- lic use. Horses and mules. Stallions. Neat cattle. JA~ t'Kf tff Plate and plated- ware. Clocks, watches, and time-pieces. of January, in each year, of the returns required of the town-clerks to be made to him as aforesaid. And if any town-clerk shall neglect to transmit an abstract of said lists to the comptroller, by the time aforesaid, he shall forfeit and pay to the treasurer of the state, the sum of fifteen dollars, to be recovered before any court, proper to try the same. SECT. 2. And all real and personal property shall be valued, and set in the list, as follows, to wit : Dwelling- houses, with the buildings and lots appurtenant thereunto, not exceeding two acres, in any case, shall be valued at the rate which each separate dwelling-house aTftl lot, with the appurtenances thereof, are worth in money, and with due regard to the situation, use and income thereof, whether occupied by the owner, or leased ; and shall be set in the list of the owner, at two per cent of such value. Lands and separate lots (excepting house-lots as afore- said) shall be valued and assessed by the acre, at such average rate as each entire tract or lot is worth in money, with reference to the advantages of soil, situation and income ; and shall be set in the list, at three per cent of such value. Mills, stores, distilleries and buildings, with their im- provements, used for manufactories of all kinds, shall be valued with respect to situation, and present income ; and set in the list, at three per cent of such value. Lands and dwelling-houses, with the appurtenances thereof, which have heretofore been granted or seques- tered for the use of schools, or other public or pious uses, and which have been leased or let for terms of time not yet expired, at rents merely nominal, shall be valued and assessed at such rate and proportion, as, regarding the duration of the lease, the rent now actually paid and applied to such public uses, bears to the whole actual value, according to the rules applicable in other cases, as prescribed in this act ; and shall be set in the list, at three per cent of such value. All horses, asses and mules, one year old, or more, shall be valued, and set in the list at ten per cent of such val- ue. Each stallion, two years old, shall be set in the list at twenty-five dollars ; and each stallion, three years old, or more, shall be set in the list at fifty dollars. Neat cattle one year old, or more, shall be valued, and set in the list, at six per cent of such value. Silver plate, except spoons, and silver-plated ware, shall be valued, and set in the list, at twenty-five per cent of such value. Clocks, watches and time-pieces shall be valued, and set in the list, at fifty per cent of such value. Title 100. Taxes. 447 Each coach, chariot, phaeton, coachee, curricle, chair, Carriages, chaise, gig or sulkey, shall be valued, and set in the list, at twenty-five per cent of the value thereof, and every other carriage or waggon, drawn by one or more horses, excepting only such as are exclusively used on farms, or for the transportation of the produce thereof to market, or for the transportation of goods, wares and merchand- ize, shall be valued, and set in the list, at fifteen per cent of the value thereof: provided, that no carriage or wag- gon shall be set in the list, which does not exceed twenty dollars in value. Stock in any turnpike company, that nets six per cent, shall be set in the list at six per cent, of the value of such StOCk. The owner or owners of stock in any bank, or insur- Bank and in- ance company, in this state, whether such owners reside surance stock. in this state or elsewhere, and the owner or owners of any stock in any bank or insurance company, in any of the United States, such owner or owners residing in this state, shall be taxed therefor, and such stock shall be valued, and set in the list, at six per cent of such value ; provided it is not taxed in the state where such bank or insurance company is situated. And the cashiers of the Cashiers to in - several banks, and the secretaries and clerks of the sev- form, eral insurance and turnpike companies, established in this state, shall, by the twelfth day of October, annually, hav- ing been previously thereto requested, inform by mail, or otherwise, the assessor or assessors of every town in this state, where the stock in such bank or company may by law be liable to be taxed, the amount of such stock liable to be taxed in such town, with the amount of such stock set to the name of each owner 01 owners on the books of such bank, or insurance, or turnpike company, on the first day of October, annually : and if any cashier, secre- Penalty for re- tary or clerk, shall neglect or refuse to furnish such in- fusal - formation, he shall forfeit and pay to the treasurer of each town where said stock is liable to be taxed, whose assessor or assessors shall not be so informed, the sum of fifty dol- lars, to be recovered in an action of debt, in the name of the town-treasurer. The stock belonging to persons not residing in this state, in any bank, insurance or turnpike company, shall be taxed as other similar estate ; and the amount of all county, town, and society taxes arising on such non-resident's estate, shall be, by the several col- lectors, paid to the treasurer of this state. The stock of the United States' bank, and the stock of United State either of the United States, belonging to residents in this bank-stock, state, shall be assessed at its just value, and set in the ^dividual list, at six per cent of such value. states, 448 Title 100. Taxes. Money at in- terest. ^Fisheries. i- ^ ; one tenth part) to be abated. Exemption of polls. Professions. Manufactur- ers. All monies at interest, secured by notes or bonds of responsible persons, resident in this state, or elsewhere, except monies loaned to this state, and all monies on interest, secured by mortgage on real estate in this state, or elsewhere, more than the owners thereof pay interest for, shall be set in the list at six per cent. All fisheries, whether appendages of any farm or lot, or block, or wharf made for the purpose of fishing, shall be valued, and set in the list, at three per cent of such value. The polls of all white male pe rsons from twenty-one to seventy years of age, shall be set in the list at thirty dollars, each : provided, that the assessors and board of relief may abate the polls of infirm, sick and disabled persons, in their respective towns, not exceeding one tenth part of the number of taxable polls : and they shall give reasonable notice of their time of meeting for that purpose. SECT. 3. The polls of ministers of the gospel, of all de- nominations, during the time of their ministry, instruc- tors and students in colleges, and incorporated acade- mies, shall be exempted from taxation ; and the polls of the officers and privates of the militia companies shall be exempted from taxation, during the time of their being liable by law to do duty in their respective com- panies : Provided, each person liable to do military duty as aforesaid, claiming the benefit of this act, shall produce a certificate from the commanding officer of the company to which he belongs, on or before the twentieth day of October, in each year, that he is equipped according to law, and dressed in uniform, and has performed military duty ac- cording to law, during the year preceding, or has been prevented from doing the same, by sickness, bodily infir- mity, or other reasonable cause. SECT. 4. Attornies, physicians, surgeons, traders of all kinds, mechanics, taverners, brokers and distillers, shall be assessed, and set in the list of the town where they reside, at the discretion of the assessors, according to the value and income of their business, occupation or profession, and the principles and rules prescribed in this act : Provided, that attornies. physicians and me- chanics shall not be taxed until after two years from the time of commencing such profession or occupation. SECT. 5. All manufacturers, not otherwise assessed by this act, shall be assessed, on the same principles, and set in the list, in the same manner, as traders and me- chanics are, by the preceding section of this act ; ex- cepting workmen, exclusively, and constantly, employed in the manufactures of woolen and cotton cloths from Title 100. Taxes. 449 the raw materials, and in which woolen and cotton cloths are made and finished from the raw materials, which shall be exempted from the poll-tax and military duty, till the rising of the general assembly which shall be holden on the first Wednesday of May, one thousand eight hundred and twenty-five : and the building, machin- ery and land, not exceeding five acres, belonging to each establishment, shall be exempted from assessment during the same period. SECT. 6. The houses, lands, or other taxable property Exemptions oi7- of ministers of the gospel, who statedly minister to any ministers of / church, society, or association of Christians, to the amount the S os P el - f / of two thousand five hundred .dollars, in value, shall be ) set in separate lists, and exempted from taxation. SECT. 7. The taxable property of non-residents shall Non-residents. be arranged in separate assessment lists, and valued, by the assessors, from the best information to be obtained, with or without the written lists of the owners. SECT. 8. All personal estate in the hands of trustees Trustees, shall be set in the list of the town where such trustee, or acting trustee, lives ; but, if such trustee does not live in this state, then such property shall be set in the list in the town where the person lives, for whose use such prop- erty is held in trust. The taxable estate of married wo- Married wo- men, shall be set in the lists of their husbands ; and all men. real estate shall be set in the list of the owner or posses- sor, and shall, at all times, be and remain liable for the payment of the taxes levied thereon, with the costs of collection, until the same be paid. SECT. 9. If any person liable by this act to pay taxes, p ena j ty f or shall give or. send to any assessor a written list, and there- false lists. in omit taxable property, or under- rate the quantity or kind, with intent to avoid paying a due proportion of tax- es, it shall, in such cases, be the duty of the assessors to add such property to the list of the person so offending, at three-fold the rate per cent or amount that such taxa- ble property is rated in this act. When the assessors shall omit to assess and set in the list, the taxable estate of any person, by the first of December, and such estate shall afterwards be discovered, then the board of relief shall value the same, and set it in the list at three-fold the rate per cent or amount that the same kind of property is rated, unless the owner can shew, that it was omitted by mistake, in which case, it shall be set in the list at the same rate as if it had not been omitted ; and where a poll shall be omitted, the board of relief shall set it in the list. SECT. 10. The treasurer and comptroller for the time g oar( j of being shuil constitute a board of equalization, and shall equalization 57 450 Title 100. Taxes. Duty of the town-clerk relative to al- terations. His compen- sation. Assessors, &c. to be sworn. Compensation of assessors. Penalty on towns not ap- pointing as- sessors ; and on asses- sors refusing Assessment list to be. the rule of taxa- tion. meet, annually, on the second Tuesday of March, and shall equalize and adjust the assessment list of the several articles of taxable property, whiqh compose the lists oi the towns, by either adding to, or deducting from, the list of any town, or any part thereof, such sum per cent, as in their opinion will equalize the same, when compared with the valuations of other towns. And said lists, after they have been equalized and adjusted, by said treasurer and comptroller, shall constitute the general list of the state. And in case the board of equalization shall add to, or deduct from, the list of any town, it shall be the duty of the comptroller to notify the town-clerk of such town thereof, on or before the tenth day of April in each year. And when notice of alterations in the list of any town shall be received, by the town-clerk thereof, it shall be the duty of said town-clerk, within twenty days after he shall have received such notice, to add to, or deduct from, each separate list of said town, such rate per cent on each article of any such list, as shall have been in- creased, or diminished, by the board of equalization. And said town- clerk shall be entitled to receive as a com- pensation for his services the sum of three dollars. SECT. 11. Each assessor, and each member of the board of relief, before he enters on the duties of his office, shall take the oath prescribed by law. SECT. 12. The assessors shall be entitled to receive, as a compensation for their services, a sum not exceeding fifty cents on a thousand dollars of the amount of the assessment list of the town, to be paid by the town. SECT. 13. If any town shall refuse or neglect to ap- point an assessor or assessors, according to the provisions of this act, and cause them to be duly sworn, such town, so neglecting or refusing, shall forfeit and pay the sum of fifteen hundred dollars, for the use of the treasury of the stpte. And if any person chosen to the office of asses- sor, and having accepted the same, shall afterwards re- fuse to be sworn, or perform the duties of said office, he shall forfeit and pay to the town-treasury in which he lives, the sum of thirty dollars. SECT. 14. The assessment list in each town, as the same shall annually be made and corrected, by the as- sessors and board of relief, according to the provisions of this act. shall be the rule for the several counties, towns, societies, school and highway districts to apportion the several taxes to individuals, living within such districts, liable to pay taxes in such corporation. (1) (1) The first mode of assessing taxes appears from the revision of 1672, to have been, to direct the towns to appoint three or four persons to make out a list of all polls from sixteen years and upwards, and an estimation of all estate, real and Title 100. Taxes. 451 CHAP. II. An Act providing for the Collection of Taxes. B ,E it enacted by the Senate and House of Rep- resentatives, in General Assembly convened, That when the general assembly shall grant a tax, to be levied upon the inhabitants of the state, it shall be laid on the general list completed according to law; and it shall Treasurer to be the duty of the treasurer of the state, without further issue a war- notice, to issue and send his warrants, at least three months " g f c c j; c ~ before the time of payment, directed to the collectors of town, to col- such tax in each town in the state, commanding them to lect taxes. levy, collect and pay the same into the treasury of the state, by the time appointed for that purpose, by the gen- eral assembly ; and if no time is limited for the payment of such tax in the grant, it shall be payable before the last day of August, in each year. SECT. 2. And it shall be the duty of the collectors in Duty of col- each town to collect and pay such tax to the treasurer of lectors. the state, by the time limited : but they shall not levy or destrain therefor till two months before the day on which it is payable into the treasury of the state. SECT. 3. If any collector shall neglect to collect and if co iiector pay such tax to the treasurer, by the time appointed, the neglects, treasurer is authorized and required, within four months treasurer to after such time, to issue an execution, returnable in sixty " " e ,""' days, against the estate and the person of such collector, him. directed to the sheriff of the county in which the collec- tor lives, who is hereby impowered to serve it in any town or county in the state ; and it shall be the duty of the sheriff to serve and make return of such execution to the treasurer, according to the directions therein given. SECT. 4. In case of a return of non est invenlus, or a commitment of such collector, it shall be the duty of the treasurer, forthwith, to issue an execution, return- commitment, able in sixty days, against the goods or estate of the to issue execu- select-men of the town where the collector lives, for tion against the sum remaining due on said tax, and the officer's feet-men" 6 " fees and charges before that time accruing, directed to the sheriff as aforesaid, who shall serve and return the same, according to the directions therein given. personal. Polls were to be set in the list present S3 r stem, by valuation, was adopt- at eighteen pounds, each ; lands to be val- ed. Owing to the extreme scarcity of ued ; houses, cattle and swine, at specified money, in the early times of the govern- rates ; and mechanics to be assessed. In merit, taxes were directed to be paid in 1702, lands were directed to be set in the wheat, peas, rye, Indian corn, pork and list at a specified rate. This mode contin- beef, ned, with various modifications, till the 452 Title 100. Taxes. against the estate of the to town.*' Sheriff guilty of neglect, li- able to pay damages. Treasurer may issue exe- request of se- lect-men. Select-men may bring suit His whole es- tatc hoiden to re -Pnd the rate-bili, se- lect-men may appoint anoth- SECT ' 5 - I" ca se of a return of non est mventus, in whole or in P art > of> the execution against the select- men, the treasurer shall forthwith issue an execution. returnable in sixty days, for the sum remaining due on said tax ' with a11 the additional costs and charges. against the goods and estate of the inhabitants of such town, directed, and to be served, as aforesaid. SEC T. 6. And if such sheriff is guilty of any neglect or default in serving the executions aforesaid, he shall be liable to pay all the damages; and it shall be the du- t y o f tne treasurer to direct suits to be brought a- gainst him, in the name of the state, by the attorney for the state, in the county where the treasurer re- sides, to recover such damages ; and such attorney is hereby authorized to commence and prosecute such suits to final judgment. SECT. 7. The treasurer shall, at the request of the se- lect-men of any town, issue an execution, directed to the sheriff of the count y? and his deputy, in the name of the select-men of such town, against any collector of state taxes, for such town, at any time after the tax committed to him becomes due, for the balance then due on such tax ; and such select-men may proceed with such exe- cution, against such collector, according to law, for the indemnity of such town, and shall pay the money due on such execution, to the treasurer, within the term of four months after such tax shall become payable ; and on fail- ure thereof, the treasurer shall issue execution against the goods and estate of the inhabitants of such town, for the sum then due. SECT. 8. When any collector of the state tax shall neg- ] ect to pa y an d settle the same with the treasurer, by the tirne appointed, it shall be lawful for the select-men of such town to bring an action, in the name of the town, against such negligent collector, to recover such sum as remains unpaid, and attach the estate or the person of such collector, to secure the same, and to prosecute such action to final judgment : and the whole estate of such collector, so attached, or possessed by him. at the time of bringing such action, shall be hoiden liable to answer the judgment that may be recovered against him, notwith- standing any subsequent disposition of such collector, or any demand by a. creditor. SECT. 9. And if any such collector shall deliver up his rate-bill into the hands of the select-men, they are here- by empowered to depute some proper person to collect what remains uncollected thereon ; and the same shall be accountec { fo^ j n f avor o f such cojlector ; which collect- or, so deputed, shall have the same power, and be under Title 100. Taxes. 453 the same regulations, as the collector who delivered up his rate-bill, as aforesaid, was invested with. SECT. 10. When a town shall have brought their ac- " J coJEct- tion against any collector, pursuant to the direction of O r, treasurer this act, the treasurer may issue an execution against the may issue an estate of the select-men of such town, (or of the inhabit- g^t^tate ants of such town,) for the non-payment of such tax or O f select-men, taxes, in the same manner as if a return of won est inven- tus had been made against such collector. SECT. 11. On all the warrants issued'by the treasurer, Abatement al- for the collection of taxes, there shall be allowed to the |wed t several towns, an abatement of one eighth part of the amount of the taxes arising on the list of said towns re- spectively ; which eighth part the civil authority and se- lect-men of the respective towns, shall have power to apply for the relief of the indigent or unfortunate, in the to be applied abatement of their particular rates, in whole, or in part, by civil au- in such way and manner as they shall judge most proper, " reasonable and just : and on a certificate of such abate- ment, under the hands of the civil authority and select- men, the treasurer shall allow the same to the credit of the collector of such tax : and for the residue of the taxes laid on the several towns, they shall be holden to pay the full amount, without any further deduction or abate- ment. SECT. 12. The civil authority and the select-men, shall Civil author! - have power to abate the taxes of such poor and indigent ty and select- persons, in their respective towns, as are unable to pay "x'eJof^oor the same : and such towns shall be liable to pay the persons. same to the state ; and the collectors of such taxes Towns liable, shall have right to recover the same, for the use of the state. When any person is committed to gaol, by the col- lector of a state, for the non-payment of a tax, who is poor and unable to pay it, he shall be entitled to the ben- efit of the act, providing for the relief of poor debtors, on his giving the requisite notice to one or more of the select-men of the town to which he belongs ; and the Liability of town shall be responsible to such collector for the amount a od coatL * of the tax, and the costs occasioned by the commitment, where a per- in case such person is admitted to take the poor debtor's son takes th ? e oath ; and if such town neglect or refuse to pay it, such ^th collector shall have a right of action, to recover the same ; provided such commitment be made within eight months after the time such rates become due and paya- ble. SECT. 13. Whenever the estate of a select-man, or in- When estate habitant of a town, shall be taken on an execution, is- of select men sued against the select-men, or the inhabitants of any JtJJ^Jj town, according to the provisions of this act, he may ap- to proceed. 4M Title 100. Taxes. Taxes of towns, and other commu- nities, how collected. Collectors neglecting, gamst them. In whatcases, and by whom, a new collect- or shall be ap- pointed, to collect uncol- lected rate- bills. ply to a justice of the peace of an adjoining town, who shall appoint three judicious, indifferent freeholders of such town, to appraise the estate so taken on execution, at its true and just value, in money ; and if the same shall be sold, in payment of such execution, then such apprais- ed value shall be paid by the town from whom such tax- es were due, with such further damages as shall be just and reasonable ; and on their refusal, the owner shall have a right of action to recover the same. SECT. 14. Whenever any town, or other community, authorized by law to raise money by taxation, shall, in a l aw ^ ul meeting, grant a tax, to be levied on, and collect- ed of, themselves, for a lawful purpose, they shall appoint some proper person or persons, to be collector or col- lectors ; and the select-men of towns, and the committee of other communities, shall make out rate-bills for the same, under their hands, containing the proportion of each individual to pay, according to the list made and completed, according to law ; and shall apply to some justice of the peace, who is authorized and required to grant a warrant for collecting such tax. directed to the collector appointed to collect such tax, commanding and empowering him to collect the same, according to the grant. SECT. 15. And all collectors of such taxes shall collect and pay the same, by the time limited by those who grant Such taxes ' an ? on failure ' the select-men of each town, and the committee of each community, shall have power to demand any arrearages, due from their respec- tive collectors, and, on failure of payment, may apply to a justice of the peace, for an execution against such neg- ligent collectors. And it shall be lawful for such justice of the peace to grant an execution against the goods, chattels, lands, and body of such negligent collector, in the same form, and to be proceeded with in the same manner, as is by law provided for the levying of execu- tions. SECT. 16. If any collector of any state, town, or soci- cty tax or taxes, shall neglect or refuse to receive the ra t e -bill or rate-bills, which he is appointed to collect, ^ or ^ e P ur P se of collecting the same, or shall die before he has completed the collection of such rate-bill, or rate- bills, or having received the same, shall neglect to col- lect or pay the rates or taxes to him committed, by the time appointed for that purpose, and shall deliver up his rate-bill or bills to the select-men of the town wherein he is appointed, in the case of a state, or town tax, or to the society's committee, of the society where he is appoint- ed, in the case of a society tax : it shall be lawful for the Title 100. Taxes. 455 select-men of the town wherein such collector is appoint- ed, in the case of a state or town tax, and for the said so- ciety's committee, in the case of a society tax, to depute some meet person to collect such rate-bill or bills, or the remaining sums that may be due on the same, as the case may be ; and the person so deputed, in either of the cas- es aforesaid, shall have-full power to enforce and com- plete the collection of such taxes. SECT. 17. All collectors, duly appointed, shall have full Powerof col- power to collect the taxes, for which a lawful warrant lectors; shall be given them ; and shall have the same power to command the assistance of any person or persons, in the execution of their office, if necessary, as is by law given to sheriffs and constables, in the execution of their offices. And all persons are hereby required to yield due obedience, and afford their assistance immediately, on the same pen- alties as are by law provided to enforce obedience to the command of sheriffs and constables : provided, such col- lectors shew and read their warrants to the persons whose assistance is commanded. SECT. 18. All constables, chosen to collect the state inothertowns. tax, and all other collectors of taxes, shall have the same power in any other town, as in their own, to collect the taxes of any person, or persons, against whom they have taxes in their rate-bill or lists ; and may, at any time, col- lect such taxes, after the expiration of the year for which they are appointed. SECT. 19. The constables, apppointed to collect the state taxes, and the collectors of town and other taxes, orsThaU pro- shall appoint a time and place for receiving such taxes, ceed, incol- and shall give to every person reasonable warning and Acting taxes, opportunity to pay the same ; and on failure of payment, ^^^'^.^.V* /^ they shall make distress therefor ; and in case a distress f >fo,^- /t?- t shall be made, such collectors shall distrain goods and ^^"~" ^*J chattels, if they can be had, and shall post and sell them, in the same manner as is provided by law incase of exe- cutions ; but if no goods or chattels are tendered, or can be found, such collectors may levy their warrants on the real estate, or on the bodies of those against whom they have taxes, and them commit to gaol, there to remain till such taxes and the legal costs are paid, or they are de- livered in due course of law ; and all collectors of taxes Fees of col shall be entitled to the same fees for levying warrants, as lectors< sheriffs are by law for levying executions. SECT. 20. When a collector levies a warrant on real Modeofsel- estate, for the payment of taxes, he shall advertise the ling land- time and place of sale, three weeks, in some news-paper, printed in the county, or an adjoining county, at least six weeks, before the time of sale ; and then shall sell, at 456 Title 100. Taxes. public auction, sufficient to pay the taxes and costs charge- able against the owners, and shall give to the purchaser a deed of warranty thereof, to be lodged in the office of the town-clerk, where the land lies, to remain unrecorded twelve months ; and if the owner from whom the tax was due, or any purchaser, motgagee, creditor of such owner, or any person claiming any interest in the land, shall, with- in twelve months from the time of the sale, pay or tender to the purchaser from the collector, the purchase money, with twelve per cent interest, such deed shall be void, and shall be delivered up to the person paying or tendering the money ; who shall hold such land or estate as a secu- rity, in nature of a mortgage for the money paid, and twelve per cent interest. But if the purchase money and in- terest, shall not be paid within such time, then the deed shall be recorded, and the title become confirmed in the purchaser, his heirs and assigns, forever. SEct. 21. The real estate, of which any person is seis- ed and possessed, in his own right, in fee, shall stand charged with his lawful taxes, and may be sold for the same, within one year after the taxes become due, not- withstanding any transfer thereof, or attachment thereon : provided, that no real estate, which has been transferred or levied upon as aforesaid, shall be liable to be sold for the payment of any taxes arising upon a list made up af- ter such transfer or levy ; nor shall any real estate be li- able to be sold for taxes, which has been legally transfer- red, attached, or taken by execution, where other estate can be found sufficient to pay such taxes, and the legal costs. SECT. 22. There shall be allowed to each collector of to collectors of state taxes, three cents and an half on the dollar, for all state taxes. monies such collector shall collect and pay into the treas- ury, which shall be paid by the treasurer, besides seven cents per mile for travel : provided such collector shall make a full settlement with the treasurer, of all such tax- es, as by his warrant, he was commanded to collect, with- in twenty days after the time limited in such warrant, for the collection : and in case any collector of state taxes shall neglect to make such settlement within said twenty days, there shall nothing be paid or allowed, by the treas- urer, to such collector, for any monies by him collected, and paid into the treasury. Taxes, a lien on lands, for one year. Proviso. Compensation Title 101. Towns. 457 TITLE 101. Towns. An Act concerning Towns. . T)E ^ enacle dby the Senate and House of Rep - JJ resentatives, in General Assembly convened, That all the male white inhabitants of the several towns who are qual- in the state, of the age of twenty-one years, who have a ified to vote in freehold estate not subject to a mortgage, rated in the town meet- common list or assessment at nine dollars, or personal es- tate, rated in said list at one hundred and thirty-four dol- lars, exclusive of their polls, or who have been duly ad- mitted as electors, and who have statedly resided in such towns one year at least, shall have the right and privi- lege to vote and act in town-meetings ; and persons, not so qualified, shall not be allowed to vote or act in such meetings : and if any person, not so qualified, shall vote, p ena i tyoa act or intermeddle in any town-meeting, contrary to this persons voting, act, he shall forfeit and pay the sum of seventeen dollars, not being qual- to the treasury of the county, where the offence is com- * e ' mitted ; and it shall be the duty of attornies for the state Dut y of state's in the several counties, and grand-jurors in the several gJa^d-furors towns, to make presentment of all breaches of this law. to prosecute. SECT. 2. When town-meetings are to be holden, a no- Mode ofwar _ tification in writing, specifying the objects for which they ning town are to be held, signed by the select-men, or a majority of meeting?. them, set upon the sign-post or sign-posts in the towns, at least five days, inclusively, before the meeting is to be held, shall be sufficient notice to the inhabitants to attend such meeting ; and any town may, at an annual meeting, designate and determine upon any other place or places, in addition to the sign-posts, at which notifications shall be set up, in the same manner, and for the same purpose, as is provided by this act in regard to sign-posts. The Annual and annual town-meetings shall be holden sometime in the special meet- months of October, November, or December ; and spe- j>S? when to cial meetings may be convened, when the select-men shall deem it necessary, or on the application of twenty inhab- itants, qualified to vote in town-meetings ; and town-meet- ings may be adjourned from time to time, as the interest of Adjournment the town may require. a J U SECT. 3. The inhabitants of each town, qualified to vote, Town officers shall, at the annual town-meeting, choose and appoint a to be appoint- convenient number, not exceeding seven, to be select-men, ed at annual a town-clerk or register, a treasurer, constables, survey- meetm - ors of highways, collectors of town taxes, grand-jurors, tything-men.havwards,gaugers,packers.sealersof weights 58 458 Title 101. Towns I'cnalty for refusing to accept ; and for neg- lect of per- formance of the trust. Vacancies may he sup- plied. Towns may make reguia- t ions ; may make by- laws to re- strain cattle, &c. Duty of select and measures, pound-keepers, and other ordinary town officers, to serve for the year ensuing. SECT. 4. The select-men shall forthwith, after such choice, cause the officers of whom an oath is required by law, to be summoned, and sworn to a faithful discharge of their respective offices and trusts : and if any person shall refuse to serve in the office to which he shall have been duly chosen, or shall refuse to take the oath prescribed by law, when an oath is required, he shall forfeit the sum of five dollars, to the use of the town, to be recovered in any proper action, by the treasurer, unless such person can make it appear to the court before which the ac- tion is brought, that he is oppressed by such appoint- ment, or that others are unduly exempted : and every person accepting the office to which he is appointed, or not declaring his refusal to accept, who shall neglect the performance of the trust committed to him, shall pay a fine not exceeding three dollars to the use of the town where the offence is committed. SECT. 5. If any office in any town shall become va- cant, by the refusal, death, or removal of the person ap- pointed, such town, in a legal meeting, may appoint another to supply the place. SECT. 6. The inhabitants of the respective towns, in legal meeting assembled, shall have power to make such orders, rules and regulations for the welfare of the towns, as they may deem expedient, and to enforce them, by suitable penalties : provided, that such regulations do not concern matters of a criminal nature, are not repugnant to the laws of the state, and the penalties do not exceed four dollars for one breach. SECT. 7. Every town, at a lawful meeting, warned for that purpose, shall have power to make by-laws for restraining horses, cattle, asses, mules, swine, sheep, and geese from going at large, and for regulating such as shall go at large : provided, that no penalty for any breach of such by-law shall exceed three dollars ; and that such by-laws shall not be in force till published four weeks successively, in a newspaper printed in such town, or in the town nearest to such town, in which a newspa- per is printed, or in some other newspaper generally circulated in the town, where such by-law is made, as the town shall direct. SECT. 8. It shall be the duty of the select-men to super- intend the concerns of the town, and to adjust and settle all accounts against the same, and to draw orders on the treasurer for their payment ; to keep a true and regular account of all the expenditures of the town; and to ex- hibit the same at their annual meeting. Title 102. Town-Clerks. 459 SECT. 9. It shall be the duty of towns, and they are Duty <*>* hereby empowered, to grant annual taxes on the assess- t defray^ne- ment list, made out according to law, sufficient to defray cessary ex- all lawful and necessary expense incurred by them : and if P enses - any town shall neglect or refuse to do it, when they have information from the select-men of the want of such sup- ply, the select-men are hereby authorised to assess the in- habitants, and make a rate-bill upon the list of the town, last completed, for so much as is wanted to defray the ne- cessary expense of the town, and to cause the same to be collected, in the same manner, as taxes laid by the town are collected. TITLE 102. Town-Clerks. An Act prescribing the duty of Town-Clerks. 3 E it enacted by the Senate and House of Rep- CT * " JLJ resentatives, in General Assembly convened, That a town-clerk, when chosen and sworn, shall contin- Duty and ue in office till another is chosen and sworn in his room ; P ower of and may, when there is no justice of the peace present town " c in a town meeting, administer the oath provided by law to the officers of such town, who ought to be sworn : and it shall be his duty to enter and record all the votes and proceedings of the town for which he is appointed, in their lawful meetings ; and in the absence of such clerk from a town meeting, the town may choose a clerk pro tempore. SECT. 2. The town-clerk or register, in every town, Record of shall record all marriages, births and deaths of persons marriages, in such town ; and parents and masters shall transmit to births and the clerk of the town where they belong, the names of deaths - persons that are born or die in their respective families, and the time of their birth and death ; and executors and administrators shall transmit to the town-clerk, the names of the persons they represent ; within one month after such birth or death, on penalty of one dollar for every month after the first month for which it is neglect- ed, to the treasury of the town : and the town-clerk, of every town, shall give an account of all such neglects, that come to his knowledge, to some grand-juror in the town, who shall make presentment thereof to any justice of the peace in the county. SECT. 3. And there shall be kept, in every town, proper , . , . * Record of books, m which shall be registered and recorded at deeds of lands, length, by the town-clerk, all deeds, grants, leases, mort- &c. gages and conveyances of houses, and lands and tene- 460 Title 103. Treasury. Noting of deeds, &c. Town-clerk shall keep books of the town, and give true copies. Shall send to the treasurer of the state the name of the constable chosen to col- lect state tax. Duties of Comptroller. ments, or of any interest in them, lying in said town, de- livered to him to be recorded ; and also, all executions levied on lands or tenements, returned to him, by the officers levying the same, to be recorded ; and also, an index or alphabet to the same, containing the names of the grantors and grantees, and also of the grantees and grantors, in alphabetical order. And the town-clerk or register, in every town, shall, on the receipt of any grant, deed, conveyance or mortgage of any houses, lands and tenements, note thereon the day, month and year when he received the same, and the record shall bear the same date : and if any town-clerk shall be guilty of a breach of this section of this act, he shall, for every such breach, forfeit the sum of seventeen dollars to the treas- ury of the county to which he belongs. SECT. 4. The town-clerks shall keep the books of their respective towns, and truly enter all the votes, grants and proceedings of the town, and shall give true copies of the same, as well as of all deeds and conveyances of lands or tenements, by them recorded, for the same fees as are allowed to the clerks of courts for copies : and all copies of the votes and proceedings of towns, attested by the town-clerk, shall be admitted as evidence in all courts ; and all attested copies of deeds, with a certifi- cate from the town-clerk that they have been recorded, shall be conclusive evidence of such fact. SECT. 5. The town-clerks, in each town, shall, annual- ly, in May, send to the treasurer of the state, the names of the persons, in their respective towns, chosen consta- bles to collect the state tax, on pain of forfeiting, for every such neglect, four dollars, one half to him who shall prosecute to effect, and the other half to the treas- ury of the town where such town-clerk lives. TITLE 103. Treasury. An Act establishing the Treasury Department. SECT. 1. BE it enacted by the Senate, and House of Rep- resentatives, in General Assembly convened, That it shall be the duty of the comptroller of public ac- counts to prescribe the mode of keeping and rendering all public accounts, and to adjust and settle all demands against the state, except grants, and orders of the gene- ral assembly. It shall be, also, his duty to lay before the legislature, at the opening of each stated session, such plans and estimates as, in his opinion, may be expedient for lessening the public expenses ; for using the public Title 103. Treasury. 161 money to the best advantage ; for promoting frugality and economy in the public expenditures, and supporting the credit of the state ; and in general, for the well or- dering and regulating the business of his department. And he shall have free access to the public offices of the treasurer and secretary, and all other public offices and records, with full power to examine all books and papers therein, that have relation to his office. SECT. 2. And it shall be his duty, from time to time, to examine and state the amount of the public debts and credits of this state, with the United States, or with any community, public officer, or individual ; to examine, from time to time, into the collection of taxes; to point out the causes of delay in such collections, with what may, in his opinion, tend to remove them ; to see that the officers of government, employed in that department, and. in every other department of the revenue, faithfully execute their respective duties ; and to report to the gen- eral assembly, all such as appear to be chargeable with abuse of their respective trusts ; to institute suits at law, in the name of the state, against any person, or persons, or body of men, who have received any money or public property, in any way, or for any purpose, and have not duly accounted for the same, (the collectors of state tax- es only excepted;) and for this purpose, may employ an attorney or attornies under him, to sue therefor, and the same to pursue to final judgment and execution : and the officer, who shall collect the money on such execution, and all other persons, who shall, by the appointment and order of the comptroller, receive the monies of this state, shall pay over the same to the treasurer, taking duplicate receipts therefor, one of which shall be lodged with the comptroller. SECT. 3. It shall be the duty of the comptroller to pre- pare and return to the general assembly, in May, annu- ally, and oftener, if thereto required, an abstract of the receipts and expenditures of the public funds, during the current year, ending on the thirty -first day of March, an- nually ; exhibiting, under different heads, the salaries of the officers of government, debentures, and contingent expenses of the general assembly, expenses of new-gate prison,, of state paupers, and all other expenses of gov- ernment, together with the funds belonging to the state, and the public debt. SECT. 4. It shall be the duty of the comptroller, upon the settlement of any claim or demand against the state, to draw an order on the treasurer for the payment there- of, in favor of the person or persons entitled to receive the same ; and whenever any person shall decease, who. 462 Treasurer's bond. Duties of treasurer. Title 103. Treasury. at the time of his death, shall be indebted to the state, he shall exhibit the evidence of such debt, to the executor or administrator of such deceased debtor, as a claim against his estate. SECT. 5. The person who shall be chosen treasurer of thr state, shall, before he enters upon the execution of his of- fice, give bonds, with surety, in the sum of twenty thou- sand dollars, to the state ; which bond shall be taken by the governor, and shall be kept and registered, by the secretary of the governor, and shall continue during the time the same person shall be elected, and exercise the office of treasurer : and such treasurer shall be holden to give new bonds, whenever the same shall be required by the governor. SECT. 6. It shall be the duty of the treasurer to super- intend and direct the collection of the state taxes and revenue ; to receive the money arising from the taxes, levied on the several towns in the state ; the fines and forfeitures belonging to the state ; the duties on writs and licences ; the dividends on bank-stock belonging to the state ; the interest on debts due from the United States j and all other revenue of the state from every other source; and to make proper entries and credits for the same in the public books. SECT. 7. The treasurer shall pay out of the public monies in his hands, upon the order of the general as- sembly, of the senate, or of the house of representatives, and also upon the order of the supreme court of errors, of the superior court, and of the several county courts, when warranted by express law ; and also, upon orders from the comptroller, for accounts liquidated and adjust- ed by him. pursuant to law, or where he is by law em- powered to order the payment of money out of the treas- ury ; for which payment the treasurer shall take receipts. He shall pay out none of the public money, except upon orders given as aforesaid ; and no order, not drawn by the comptroller, shall be paid, unless registered in the books of the comptroller, and a certificate of such entry endorsed thereon. SECT. 8. The treasurer, every year, shall make out a complete statement of all the receipts of money into the treasury, and of all the expenditures, and of all the debts and credits of the state, on or before the first day of April, and report the same to the general assembly, at their next session. The general assembly shall, annually, in treasurer's ac- May, appoint two meet persons to be auditors, who shall counts. take the oath prescribed by law, and who, with the comp- troller, shall audit the public accounts with the treasurer, and shall make a settlement of the debts and credits, as Auditors of Title 103. Treasury. 463 tar as the state of the accounts will admit, and report the game to the general assembly, at their next session. When Costs recover- the treasurer is plaintiff in any action, and judgment shall ed a o ainst be rendered against him for costs, no execution shall be JSJJ urer> h w issued, but the party in whose favor judgment is rendered, may exhibit the same to the comptroller, who may allow such account, and draw an order on the treasurer for the payment thereof. SECT. 9. The clerks of the superior court, and of the CJ several county courts, shall, within twenty days after the nis^conTptrol- risiug of their several courts, make out and render to the ler with ab- comptroller, a list or abstract of all forfeitures of bonds ; ^ cts of (OT ~ and of all judgments, rendered by said courts, on bonds e ires ' ' or forfeitures of any kind, in favor of the state ; and also, of all executions granted to any attorney for the state, or other public officer, on such judgments ; and, also, a list or abstract of all fines, which have been imposed, paya- ble to the state ; and the comptroller shall debit the ac- count of such officer, with the amount of the execution granted to him. SECT. 10. It shall be the duty of the attorney for the State's attor- atate, in each county, to superintend the collection of all g^ g to 4 llect fines, forfeitures and judgments, in favor of the treasury of nes ' l ' the state, and to pay over the same according to law. The attorney for the state, in each county, and every To render an other receiver of public money, shall, on or before the tenth day of May, annually, make out and render an account of all the monies received by him, for the use of the treasury, to the comptroller, in such form as shall be by him prescribed. And such attorney shall, also, at the same time, state an account of all fines, forfeitures and judgments, and debts, in favor of the state, in his hands for collection ; and the comptroller shall debit the same to uch attorney in his account. SECT. 11. And if any attorney for the state, shall neg- On neglect, lect to render such account, and pay over the money by J* 16 office to hiin received, for the use of the state, as above required, cant""* his office shall become vacant ; and it shall be the duty of the comptroller to give information, and certify such neglect to the county court, who appointed such negli- gent attorney ; and such court shall appoint another at- torney for the state in his place. SECT. 12. All bills of costs in criminal prosecutions, Bills of costs taxed and allowed by the superior or county courts, shall p^aSng be paid by the treasurer of the state, to the clerks of h ow paid, and such courts respectively, who shall give bonds to the accounted for. treasurer, to the satisfaction of the comptroller, for a faithful performance of their trust, and whose duty it shall be to pay over the same to the persons entitled to 164 Title 1O3. Treasury. it, taking their receipts therefor : and all sums not demand- ed within six months after the rising of the court, by which such hills of costs shall have been taxed, shall be deemed to be relinquished to the state ; and such clerks shall account for the same with the comptroller, in the next settlement of their accounts, and shall be allowed a Commission, commission of five per cent on all monies so received awl paid out. Court fees, SECT . 13. j t shall be the duty of each of the clerks of howac 3d the super i or court to accoun t an d settle with the comp- troller, for all monies received by him as court fees, in the trial of any cause in said court ; and they shall be allowed a commission of two and a half per cen,, on all monies received as the avails of said court, and a like Commission, commission on all monies by them paid for the use of the state. Duties of SECT. 14. The treasurer of each county shall make an entrv ' and & ive credit > for the fines and forfeitures be- longing to the county ; for the fees of the court ; for the the taxes levied on the several towns in the county ; and for all other monies belonging to the county, which shall come into his hands ; and shall pay out the same, to the order of the county court, to discharge the expenses of the county ; and shall make an annual statement of the receipts of money into the treasury, and of the expendi- tures, which shall be audited by the judges of the county court. Expenses and SECT. 15. The treasurers of the several counties, shall avails of coun- keep a true account of the expenses of the county courts, y courts. including the compensation to the judges, and the inci- dental expenses of the court ; and also of the avails of the court, including the fines and penalties, collected and paid into the treasury, in each year : and it shall be the duty of each court, at their session next preceding the first day of May, annually, to settle and adjust their ac- counts ; and if it shall appear, that the avails of any court shall be insufficient to defray the expenses for the year preceding such settlement, such court may present their vdjustment of accounts to the comptroller, for adjustment and settle- ^counts. ment ; and he shall draw an order, in favor of the treasurer of such county, on the treasurer of the state, for such sum as he shall find due to such court ; and the treasurer shall pay the same accordingly : provided, that in no case, shall any order be drawn for a greater sum than the amount of the duties arising on civil process, which shall be paid into the treasury of the state, in the year next preceding the presenting of their accounts to the comptroller. Title 103. Treasury. 46& SECT. 16. The clerks of the several county courts Clerks of shall, within twenty days after the rising of their said tomlk/o" courts, make out a list of all fines, penalties, forfeitures H s t O f fines, and judgments, which shall accrue to the benefit of the &c. county, to the treasurer ; who shall charge the same to the attorney for the state in such county ; and it shall be the duty of such attorney to render an account of all fines, forfeitures and judgments in his hands, and to pay over all the money by him received, for the county, to the treasurer thereof, when thereto required, and at least once in each year ; for which he shall be allowed a commission of two and one half percent. SECT. 17. It shall be the duty of the clerks of the TO pay over county courts to account for, and pay over to the treasur- court fees. ers of the counties, all monies received by them as court fees, for the trial of any cause or causes. SECT. 18. And unless otherwise expressly disposed of Disposition of by law, all fines, forfeitures and penalties, imposed on any *' c ' person, by the superior court, for any matter of delin- quency, shall belong to the state treasury ; if by the county court, to the county treasury ; and if by a justice of the peace, to the treasury of the town wherein the offence is committed. SECT. 19. Where a penalty or forfeiture is imposed in Inguitam a qui tarn suit, part of which is appropriated to the use of suit9 ' the state or county treasurer, it shall be the duty of the attorney for the state to collect and pay it over accord- ingly ; and he may obtain execution, in the name of the treasurer of the state or county, for the part belonging to them, if the plaintiff in such qui tarn suit, in the opin- ion of the court, cannot be safely intrusted with the collection of the money. SECT. 20. The treasurer of each town, shall have Duties of power to receive all the money belonging to the town for town treaaur- taxes, fines, forfeitures, debts or otherwise ; and shall e "' pay out the same, to the order of the town or select-men. And he shall make an annual statement of the receipts of money into the treasury, and the expenditures, which shall be adjusted by the select-men, and laid before the town, at their annual meeting. And it shall be the duty of the town-treasurer to call on the justices of the peace in the town, for an account of the fines, penalties and forfeitures, which shall be received on judgments by them rendered, at least within one year after judgment is given, and receive the same for the use of the town. 69 Title 104. Trespasses. TITLE 104. Trespasses. CHAP. L Forfeiture for cutting tim- ber. Action, by whom to be brought. An Act for detecting and punishing Trespasses, in divers cases, and directing proceedings therein. SECT.l. Forfeiture for carrying away bay-berries. Proviso in fa- vor of persons acting through mistake. BE it enacted by the Senate and House of Rep- resentatives, in General Assembly convened, That no person shall cut, fell, destroy, or carry away any trees, timber or underwood, standing or lying on the land of any other person, or on land sequestered for town com- mons, or on any common and undivided land in any town, without licence of the owner or owners, on pain that every such person so felling, destroying, or carrying away the same, and all that shall be aiding and assisting therein, shall pay to the party injured, one dollar and six- ty-seven cents, for every tree of one foot diameter ; and for all trees of a greater dimension, three times the val- ue thereof, besides one dollar and sixty-seven cents ; and eighty-four cents for every tree or pole under one foot diameter ; which damages shall be recovered in an action of trespass. And when the trespass is committed on com- mon arid undivided lands, the action shall be brought in the name of the proprietors ; and when on sequestered lands for town commons, the action shall be brought in the name of the inhabitants of the town where the land:? lie. And the proprietors of common and undivided lands, and the inhabitants of towns, are hereby empowered, in lawful meetings, to appoint agents or attornies, in their names, to prosecute any person or persons that shall be guilty of a breach of this act. SECT. 2. Every person or persons, who shall gather, destroy or carry away any bay-berries, standing and grow- ing on another's land, without leave from the owner, and all who are aiding and assisting therein, shall pay treble damages to the party injured, and fifty cents for every bushel so gathered, and at that rate, for a greater or less quantity. SECT. 3. Provided, that when the court before whom the trial shall be had. shall be satisfied that the defendant was guilty through mistake, and believed the timber or bay-berries, were growing on his own land, they shall render judgment against him for no more than the true value thereof. Title 104. Trespasses. 467 SECT. 4. If any person shall, wittingly and unlawfully, Double dama- throw down, or leave' open any bars, gates, fence or fenc- f^ u a r " ^ es, belonging to any particular enclosure, or common field, throwing he or they shall pay to the party injured, double damages, down fence. and forfeit a sum not exceeding five dollars, according to the nature and aggravation of the trespass ; to be recov- ered in an action of trespass. SECT. 5. Every person, who shall set fire on any land Damages done that shall run upon the land of any other person, shall b y fire - pay to the owner all the damages done by such fire. SECT. 6. If the plaintiff, in any of the actions aforesaid, Mode of proof. shall make oath, that the trespasses charged in the decla- ration, were committed ; that he suspects the defendant committed the same ; and shall produce evidence to ren- der it highly probable he shall be entitled to recover the penalties and damages aforesaid, unless, the defendant will acquit himself on oath, and testify that he did not do the facts, or any of them, charged in the declaration, and was not aiding and assisting therein ; which oath such court is empowered to administer : and in such case, the court shall render judgment in favor of the defendant to recover double costs. SECT. 7. If any person shall wilfully commit a tres- Trespass to pass upon any bridge over any river, creek, or tide-wa- ' ters, in this state, by removing or destroying any of the stone, wooden-work, or other materials belonging to such bridge; or shall remove or destroy any stone, wood, or earth, which may be placed for the security or preser- vation of any such bridge ; such person shall, on convic- tion, pay treble damages to the town, corporation, or pro- Treble dama- prietors owning such bridge, and a fine not exceeding |^ e for> and seven dollars, for the use of the treasury of the county in which such trespass may be committed. SECT. 8. If any person shall catch any shell-fish, that Shell-fish a- may grow either on the stone or wooden work of any bout bridges, bridge, or on any stone or wood which may be placed to "n^thout U- preserve the same, without the liberty of the town, cor- cence. poration, or proprietors owning such bridge, be first had in writing, such person shall pay a fine not exceeding Penalty, seven dollars, for the use of the treasury of the county in which the facts complained of are committed. SECT. 9. If any person or persons shall pull down, Defacing mile- break, or deface any mile-stone, post-guide, or other stones, &c. monument for the direction of travellers ; or any railing, which may by law be erected on any causeway, or pub- lic road, for the safety of travellers ; such person or per- sons shall pay to the town, corporation, or proprietors owning such mile-stone, post-guide, other monument, or railing, treble damages, and a fine not exceeding seven Penalty. 468 Title 104. Trespasses. Trespasses in m unprisomnent. grtain trespassers notaiaying judgment i thirty dollars, for the use of the town where the offence is com- mitted. SECT. 10. If any of the trespasses before mentioned in this act, be committed by any person in the night sea- son, who, on conviction, shall refuse or neglect to pay the fines imposed, by virtue of this act, the court before whom such conviction is had, shall cause the delinquent so refusing or neglecting, to be imprisoned for a space of time, as the nature of the offence may require, not ex- ceeding sixty days. SECT. 11. Whenever any person shall wilfully, and without color of right, commit a trespass on the lands of another, by cutting or destroying any trees, or carrying away any timber, wood or rails ; or by destroying or tak- ing away growing crops or fruits ; the party injured may bring his action of trespass against him, stating such facts ; and if, on trial, they shall be found to be true, the court may render judgment against him for damages and costs ; and if the defendant shall not pay the same within thirty days after the judgment shall be rendered, he shall TvitiAnthirt ^ e comm ' t ted to the work-house in the town where he cteysAmay be dwells, to be kept at hard labor, not exceeding sixty days, tted to and if there be no work-house in such town, then to the county gaol in the county, there to be imprisoned for a term not exceeding sixty days ; and the court shall is- sue execution accordingly. Provided, that in cases where any persons thus committed, shall be unable to pay the expense of their support in prison, the same shall be paid by the plaintiff: and if such person shall pay such execution, costs, and expenses, he shall be released from the work-house or gaol. SECT. 12. When any person or persons shall take up any logs, timber, shingles, or staves, floating, or floated, down Connecticut or Ousatonnic rivers, the logs and tim- ber being fairly marked, and the shingles and staves bun- dled up, he shall seize, bind, or Avell secure the same ; and within one week next after his or their taking up, stopping and seizing the same, enter the same, with the kind, big- ness, length and marks of the logs and timber, the number of bundles, and the kind of shingles and staves, and by whom taken up. and the places where they lie, with such clerk or clerks where strays and lost goods are by law to Disposing of be entered ; and shall let such logs, timber, shingles and logs, &c. found staves lie, without disposing thereof, or any ways defac- ing the marks thereon, full six months after the first en- tering the same ; on penalty of forfeiting and paying to the owner or owners of such logs, timber, shingles or staves, to wit, the sum of one dollar and sixty-seven cents for every log or other stick of timber not exceed- Logs, &c. ta- ken up on Connecticut or Ousatonnic rivers, to be secured, &c. floating, in less than six months, pro- hiUted. Penalties. Title 104. Trespasses. 469 ing thirty feet in length, and double the value of such shingles or staves ; and thirty-four dollars for every log or other stick of timber, which exceeds thirty feet in length. And every person or persons taking up, safe se- Reward for curing, and entering any logs, timber, shingles or staves, securing drifts shall be entitled to a fee of twenty cents, for taking, seiz- ing and entering any log or stick of timber, not exceed- ing thirty feet in length, and the same sum for every bundle of shingles or staves ; four cents and two mills whereof shall be allowed and paid to the clerk for enter- ing the same ; and seventy cents for every log or stick of timber, which exceeds that length, four cents and two mills whereofto be paid to the clerk as aforesaid. SECT. 13. And no owner or owners of such logs, tim- Forfeiture for ber, shingles or staves, shall take away any such logs, taking them timber, shingles or staves, tnken up, secured and entered seTured^ 60 as aforesaid, until he has paid the fees aforesaid, on pen- alty of forfeiting and paying to him or them, that took up, secured and entered the same, as aforesaid, the sum of one dollar and sixty-seven cents for each log or stick not exceeding thirty feet in length, and the value of the shin- gles and staves so taken up, secured and entered, as afore- said, and seventeen dollars for each log or stick of tim- ber above thirty feet long. SECT. 14. And if no owner appear to challenge, and If no owner make out his claim thereto, within six months next after appear within the entry thereof, it shall and may be lawful for him or "SfB. them that took up, secured and entered the same, to dis- pose thereof to his or their own use, without being ac- countable to the owners thereof. SECT. 15. And when any dispute shall arise, in any rjj gpute how action brought on this act, it shall and may be lawful for to be adjusted. the court, or justice of the peace, before whom the trial may be, to proceed to examine the parties under oath, and all other evidence produced ; and to make up such judgment therein, as to them or him shall appear equit- able and just. SECT. 1G. No person or persons shall stop, take up, or Nomast, &c. interrupt, any mast, yard, or spar, v/hich exceeds forty which exceeds feet in length, floating down Connecticut river, within forty feet m this state, above Middlelown, unless authorized thereto, i^fionnecti* by the owner, except he or they carry the same into the cut river, tobe cove at Wethersfield. And whoever shall stop, take up, tak en up, a- or interrupt any mast, yard, or spar, contrary to this sec- \% n ^n^g" tion, shall be liable to double damages that may accrue carried into to the owner of said mast, yard, or spar, to be by him re- vVethersfieH covered in any court within this state, proper to try the covev same. 470 Title 105. Turnpike Roads. Breaches of SECT. 1 7. Any one justice of the peace of the tow, fore whomtri- not interested in anv suit ; brought for a breach of this ed. act, shall have jurisdiction thereof, except when the damages demanded amount to more than thirty-five dol- lars ; any thing in any law to the contrary notwithstand- ing. CHAP. II. An Act to detect and punish Trespasses com- mitted in the night season. B E it enacted by the. Senate and House of Repre- sentatives, in General Assembly convened, That Mode of proof, when any damage is done in the night season, in a iTdone^the secret manner, the party injured may speedily prefer his night season, complaint against the person he suspects to have done the wrong, to any court or justice of the peace, who may forthwith issue a precept, and bring such suspected person before them or him ; and if the plaintiff can adduce suffi- cient testimony to render it probable, that the defendant committed the injury, he shall be adjudged guilty ; unless he shall offer to be examined on oath : and such court shall have power to administer an oath to the defendant, and to enquire of him, as well as of all other witnesses produc- ed. by the party, respecting the matter complained of. And if the defendant can satisfy the court, that he did not commit the injury complained of. and was not aiding therein, he shall be acquitted, and recover his costs ; but if he cannot, he shall be liable to answer for all the dam- ages the plaintiffhas sustained, with the costs. TITLE 105. Turnpike Roads. An Act relating to Turnpike Roads. E it enacted by the Senate and House of Rep - rescntntives, in General Assembly convened, Senate to ap- That the senate. during the session of the general assem- bl >' in Ma >> shal1 annua11 ) a PPint on each of the turnpike "Wj jj turnpike roads, which now are, or hereafter shall be established, roads; by law, in this state, two commissioners, who shall be called commissioners of turnpike roads ; and it shall be the duty of said commissioners, before the twentieth day of June, in each year, and at other times, if in their opinion, the public good shall require it. carefully to in- spect the several turnpike roads, on which they may be Title 105. Turnpike Roads. 471 appointed commissioners, as aforesaid ; and in the case of the death or resignation of any commissioner, during vacancies, the recess of the general assembly, such vacancy may be how supplied. iupplied by appointment by the governor, until the next session of the general assembly ; and the clerk of the WhQ ^ .^ senate, or secretary of the governor, shall give notice to no ticeof m the commissioners appointed, of their said appointment, appointment. as soon as may be. SECT. 2. Whenever, in the opinion of said commis- Power of com- sioners, any turnpike road, which it may be their duty missioners. to inspect, shall not be kept in good and sufficient repair, such commissioners shall have power, and they are here- by fully authorized, to order the gate, or gates on such insufficient road, to be thrown open, and to cause that the same remain open, and no toll received, for passing on said road, until said road shall be placed in such a state of repair, as shall be acceptable to said commission- ers ; and it shall be the duty of the commissioners, on the several turnpike roads, to give reasonable notice in writing, to the clerk of the proprietors of such road, of the time when they shall inspect the same, and after such inspection, like notice to the clerk of said company, of any order or orders, which may be made relative thereto. SECT 3. It shall be the duty of said commissioners, to Commission- require suitable railings, to be erected at such place or q^ places, on the respective roads, on which they are com- & c . on the missioners, where they may consider them necessary ; roads, and the expense of such railings, and of all other improve- Expense, how ments,on such roads, which may be required by said com- P ai d, &c. missioners, shall be defrayed by the proprietors of the respective roads, on which such railings may be erected, or improvements made ; and the whole amount of the expense, to which such proprietors may be subjected, as aforesaid, excepting the expense of making the ordinary and necessary repairs, shall be.nddedto the capital stock Commission- of such proprietors ; and all such claims and charges shall ers to liqui- be liquidated, and allowed, by said commissioners. date ex P enses - SECT. 4. Whenever said commissioners, shall order any To limit the repairs or improvements to be made, as aforesaid, on any * ime for . m s ak " turnpike road, they shall limit such time for that purpose, Jf - n as they shall judge reasonable, and give notice thereof, in writing, to the clerk of the turnpike company, to whom it shall belong to repair and improve such road ; and if such company shall neglect to repair such road, after re- ceiving such notice, for the space of one month after tin* time limited as aforesaid, their charter may be declared void, on application to the general assembly, for that purpose. 472 To state the accounts of the company in what man ner ; where to be kept. In what cases, one commis- sioner may act, Sic. Compensation of commis- sioners. Turnpike companies may open drains and water-con rs- Titk 105. Turnpike Roads. SECT. 5. It shall be the duty of the commissioners, which are or may be appointed, to inspect the several turnpike road?, to state the accounts of the several com- panies in such form as shall be prescribed by the treas- urer of this state, for the time being ; and the capital stock of each company allowed, and which shall be duly allowed, from time to time, shall be stated in one account; and the annual repairs and expenses, and the tolls an- nually received, shall be stated in a distinct and separate account ; and the said treasurer shall procure, and furnish said commissioners, with printed blank forms for that purpose. And such accounts shall be annually adjusted and stated, and returned to said treasurer, who shall make a report thereof to the general assembly ; and the same, being allowed, shall be registered by the treas- urer, in a book to be kept for that purpose ; and the originals shall be lodged and kept on file, in the treasur- er's office. And said commissioners shall also lodge with the clerks of the respective turnpike companies, annually, duplicates of the accounts by them stated and adjusted, as aforesaid. And all necessary expenses, which the com- missioners shall allow, in pursuance of any law authorize ing the same, may be charged in the account againt such road, and when so charged, the items thereof shall be specified ; but no deficiency of interest shall be charged as an addition to the stock of any company. SECT. 6. Any one of the commissioners is hereby au- thorized to do and perform, any and all the duties required by this act, relating to the roads, wherein they are or may be appointed commissioners, excepting when said com- missioners deem it proper that both of them should at- tend upon, and perform such duties ; and in all cases, where improvements or repairs are ordered to be made on any turnpike road, it shall be the duty of one, only, of the commissioners, to review said road, and determine whether such improvements or repairs are made. SECT. 7. Each of said commissioners, shall be allowed the sum of two dollars for each day, he shall be employ- ed in rendering the services required of him by this act; which shall be paid by the turnpike company, on whose road he may have been appointed as aforesaid ; and shall also constitute a part of the capital stock of such turn- pike company. SECT. 8. Whenever there shall be occasion to make any drain, or clear any water-course, on any place or places, where water may drain off from any turnpike road, to make the same dry, and better to pass on, the turnpike companies which now are, or hereafter shall be incorporated, or the directors thereof, with such persons Title 105. Turnpike Roads. 173 as they shall employ, attending them, may, and they are hereby empowered to make such drains, and clear such water-courses, and places where water may drain off from such turnpike road, into or through any person's land, or possessions, so far as may be necessary, suffi- ciently to drain the water off, from such turnpike road. SECT. 9. The directors of the several turnpike com- Directors may panics, may contract with any person, to use their road, contract for and pass their gates, for any sum, and term, as may be use of their agreed upon. SECT. 10. Whenever any person, in going from town p er sons avoid- to town, or from place to place, shall travel upon a turn- ing gates liable pike road, and with intent to avoid the payment of toll, topaythetoll; shall, before coming to a gate, depart from said road, and afterwards, beyond such gate, shall return to, and travel upon said road, such person shall be liable to pay the same toll, as if he had passed said gate, and if sued there- for, and judgment be rendered for the plaintiff, such per- son shall, at the discretion of the court, be liable to pay double costs ; and if any person passing a turnpike gate, and double shall refuse to pay the toll, by law payable at such gate, costs. and be sued therefor, and judgment be rendered for the plaintiff, such person shall, at the discretion of the court, be liable to pay double costs. SECT. 11. In all cases where the incorporating act of What bridges any turnpike company, does not designate what bridges * be built ? on their road, shall be built by them, and those which company shall be built by the town where situated, and such com- pany, in building, and putting such road in repair, have built any bridge or bridges, which otherwise might have belonged to the town, where situated, to have built, it shall be conclusive evidence that such bridge or bridges, belong to such company to build and keep in repair ; and Commission- in all cases, where any bridge on any turnpike road, be- erstodesig- longs to any town to build and repair, it shall be the duty nate th eabut- of the commissioners of such road, (both parties being no- S^to be buift tified or present,) to ascertain and designate, by suitable by towns, on bounds and description, the extent of its abutments from turn P ik e the bridge, and cause such description to be lodged with roads> &Cl the clerk of the town, where such bridge is situated. SECT. 12. The clerk of each turnpike company shall, Clerks of com- within one month after the annual meeting of said compa- pamc . s to cer ' ny, certify in writing, to one of the commissioners of the of directors' 169 road, belonging to such company, the names of the per- &c. or sons chosen directors and treasurer of such company, for that year ; and if such clerk shall neglect to certify as a- foresaid, it shall be the duty of such commissioners, to set and keep open the gates on such road, until they shall gates to be receive such certificate. setopei. 60 474 Title 105. Turnpike Roach: Directors, &c. to attend with commission- ers. To settle ac- counts ; or gates to be set open. Rates of toll established. Half toll. What exemp- tions to be made, by the company. SECT. 13. Whenever the commissioners of any turn- pike road, shall give notice to one of the directors or treas- urer of the company, of the time and place of their atten- dance, to settle the accounts of said company, and said director,or treasurer shall neglect or refuse to attend, and settle the same, it shall be the duty of such commissioners, to cause the gates on such road, to be kept open, until such settlement be made. SECT. 14. The several turnpike companies in this state, are authorized to collect and receive, in the following cases, the toll following, at each gate, where a whole toll is allowed by law, to wit : For each waggon, the body not hung on springs, drawn by one horse, six cents and three mills. For each four wheeled pleasure carriage, drawn by one horse, eight cents. For each waggon, or four wheeled carriage, for transport- ing loads, when drawn by two beasts only, twelve cents and five mills. For each additional beast, three cents. If such waggons or four wheeled carriages are empty, half the sums aforesaid. For loaded carts, or ox waggons, drawn by four beasts. twelve cents and five mills. For each additional beast, three cents. For empty carts or ox waggons, only half the aforesaid sums. And at each gate, where only a half toll is by law allowed, half the aforesaid tolls, and no more, shall be collectible in the cases aforesaid. And this act shall not aflfect the toll prescribed by the act incorporating any turnpike com- pany. SECT. 15. No turnpike company shall take benefit of the provisions of the last section, unless such compa- ny have passed, or shall pass a by-law, or vote, making the following exemptions, to wit : All persons travelling for the purpose of going to, or returning from any meet- ing, for the purpose of public worship, if such meet- ing is held in the same, or next adjoining town ; and also, all persons going to, or returning from funerals, in the same, or next adjoining town ; all officers and sol- diers going to, or returning from military duty, by or- der of law, or by authority of this state, or of the Unit- ed States ; all persons going to, or returning from grist- mills, on horse-back or with carriages, unless they tra- vel more than four miles on such road ; all persons going to. or returning from their usual and ordinary farming bu- siness, unless they travel more than four miles on such road : all persons going to, or returning from any town, or Title 105. Turnpike Roads. 475 society, or electors' meetings. And such company shall transmit a copy of such vote or by-law, (when the same has not already been done.) to the secretary of this state, and also lodge a like copy, with one of the commissioners on said road. SECT. 16. If any person shall make any encroachment Encroach- on any highway, on which a turnpike is now, or here- j^ 1 ^" after shall be, by law, established, the president and direc- roads' 1 how tors of such turnpike road, or the board of directors, in removed. those turnpike corporations, in which there is no presi- dent for the time being, or a committee appointed by them for that purpose, are hereby directed and empower- ed, to give notice in writing, to the person or persons, who may make such encroachment, to remove the same. And if the person or persons warned as aforesaid, do not cause such encroachment to be removed, within one month after notice shall have been given as aforesaid, it shall be lawful for such president and directors, or such board of directors, or such committee appointed by them as aforesaid, to remove the same ; and the expense of re- moving such encroachment, shall be recovered by such president and directors, or such board of directors, of the person or persons by whom the same shall have been made, by action, before any court proper to try the same. And when any encroachment on any turnpike road shall Encroach- have been once removed, as aforesaid, if the same shall mtnts repeat- again be made, it shall be lawful for such president and ed > h w re- directors, or such board of directors, or such committee appointed as aforesaid, to remove the same, without giv- ing further notice. And every person prosecuted for re- moving such encroachment, and convicted, shall incur a penalty of seven dollars, for every such offence, to be re- Penalty. covered by such president and directors, or such board of directors, as aforesaid. And no appeal shall be allow- No appeal. edin any. suit, which may be brought by virtue of the provisions of this section. SECT. 17. The property of all trees now growing, or Certain rights which shall hereafter be set out for shade or ornament, for^and New- within the limits of the highway, purchased by the Hart- Haven turn- ford and New-Haven turnpike company, and of all the pike company stones and other materials, suitable for making, or repair- secured - ing said road, which were left on said road, when the same was opened, and are now remaining thereon, shall be, and the same is hereby vested and established in said compa- ny. And each and every person, who shall, without the permission of said company, take up, cut down, or destroy Penalty for any such tree, or trees, or shall remove off said road, any stones or other materials, as aforesaid, shall forfeit to, and for the use of said company. Ihrne times the value of such 4/6 Title 106. Usury, trees, stories or other materials ; and for each tree so taken up, cut down, or destroyed, a further sum of two dol- lars, besides the threefold value thereof, as aforesaid ; and said forfeiture may be recovered by suit or action, in the name of the company only, and for their use, before any court of record proper to try the same. But, no tree Proviso. or trees, now standing, or which may hereafter be set out, m:front of, or near any dwelling-house, for shade or orna- ment, shall be liable to be removed by said company, without the approbation of the commissioners, appointed to inspect said road. TITLE 106. Usury. An Act to restrain the taking of Usury. 1 ^-^^ ^ enacte d ty thf Senate and House of Pep- JCP resentatives, in General Assembly convened, Usurious con- That no person or persons, upon any contract, shall take, tracte void. directly or indirectly, for the loan of money, or any goods, wares or merchandize, or any property whatever, above the value of six dollars, for the forbearance of one hun- dred dollars fora year, and so after that rate, for a great- er or less sum, or for a longer or shorter time ; and all honds, contracts, mortgages and assurances whatever, made for the payment of any principal or money lent, or covenanted to be lent, upon or for usury, whereupon, or whereby, there shall be reserved or taken above the rate of six dollars for the hundred, as aforesaid, shall be utterly void. Forfeiture for SECT. 2. Every person, who shall take, accept, and re- taking usury, ceive, by means of any corrupt bargain, loan, or ex- change, or deceitful conveyance, or by any other means, for the forbearance or giving day of payment for a year, of and for money, or any other property, above the sum of six dollars for the forbearance of one hundred dollars for a year, and after that rate for a greater or less sum, or for a longer or shorter time, shall forfeit the value of the money or other property so lent, bargained, sold, or agreed for ; one half to him who shall prosecute to ef- fect, and the other half to the treasury of the state. Defendant SECT. 3. And in any action, brought on any bond, bill, may file his or mortgage, or any contract whatever, it shall be lawful SuT" 1 for the Defendant .to inform the court before which the ac- tion is pending, by filing his complaint with the clerk, on Parties may tne second day of the session of the court, that such con- be examined tract was given on a usurious consideration; and in that Title 107. Vexatious Suits. case, the court shall proceed to enquire into the truth of such complaint, as a court of equity, and may ex- amine the parties on oath, and may receive any oth- er proper testimony ; and if the plaintiff shall refuse to be examined on oath, he shall become nonsuit, and the defendant shall recover his costs. And if the court shall find, that the contract was given upon usurious consideration, they shall proceed to adjust the same in equity, and shall give judgment for the plaintiff to re- Judgment, cover no more than the value of the goods, or the principal sum of money, which the defendant receiv- ed, without interest, or any advance on the same.* And the like proceedings may be had in any cause pending be- fore a justice of the peace. TITLE 107. Vexatious Suits. An Act to prevent Vexatious Suits. E it enacted by the Senate and House of Representa- tives, in General Assembly convened, That if any per- Persons bring son shall commence and prosecute any suit or complaint in vex "* against another, in his own name, or the name of others, l"^'^' B without probable cause, and with a malicious intent, un- damages, and justly to vex and trouble him, he shall be liable to pay to be fined. treble damages to the party injured, and to be fined the sum of seven dollars to the use of the treasury of the county where the offence is committed ; and for the third offence such person shall be proceeded against as a com- mon barrator. TITLE 108. Weights and Measures. An Act relating to Weights and Measures. 13 E it enacted by the Senate and House of Rep - _D resentatives, in General Assembly convened, That there shall be kept at the treasury office, to be in ^"htstnd the custody, and under the care of the treasurer of the m 3sures to state, for the time being, the following measures and be kept at the weights, that is to say: a half bushel brass measure, of treasury office, the capacity of one thousand and ninety-nine cubic inch- es ; also, a brass peck measure, of half the said capacity, and a brass half peck measure, of one quarter of the said capacity, to be called by those names respectively, which shall' be the standard of corn measures ; also, a brass ves- sel, of the capacity of two hundred and thirty-one cubic 478 Title 108. Weights and Measures. inches, which shall be the standard wine gallon measure ; and a brass vessel, of the capacity of two hundred and eighty -two cubic inches, which shall be the standard ale or beer gallon measure ; also, a brass or iron rod or plate, of one yard in length, divided into three equal parts, for feet in length, and one of those parts, subdivided in- to twelve equal parts for inches, which shall be the stand- ard of those measures respectively ; and also, brass weights, of one, two, four, seven, fourteen, twenty-eight, and fifty-six pounds, which shall be the standard of avoir- x pou ights. Duty of treas- dupoise weights. And it shall be the duty of the said treas- urer in rela- urer, personally, or by some proper person or persons, by hon thereto. jjj m a pp Om t e d, to try all such weights and measures as shall, pursuant to the provisions of this act, be presented to him to be tried, by the proper standard, and to seal such as shall be found true, with the capital letters, S. C. County treas- SECT. 2. The treasurer of each county, for the time s\ r andard keeP keing, sna ^ cons ^ an tly keep and preserve in good order, weights and weights and measures, correspondent to all the aforesaid measures ; standards, and of like materials, and see that they are tri- ed and sealed by those standards ; and if any county on penalty. treasurer, shall neglect to keep any of the weights or measures aforesaid, he shall forfeit seventeen dollars, for every three months of such neglect, to be recovered by suit of the state's attorney for such county, for the use of Their duty the county treasury: and it shall be the duty of the herein. treasurer of the county, for the time being, either per- sonally, or by some proper person or persons, by him ap- pointed for that purpose, to try all such weights and meas- ures, as shall, pursuant to the provisions of this act, be pre- sented to him to be tried, by the county standard, and to seal such as shall be found true, with the capital letter C., and also with the letter which begins the name of the county. Select-men ^ SECT. 3. The select-men of each town, shall, at all ard^'w-eiffhts t' imes > see that weights and measures, of the various and measures, kinds aforesaid, are provided for their respective towns, for their a t the cost and charge thereof, as standards for such town, which shall be of good and sufficient materials; and those of the standard for liquid measure, shall be of cop- per, brass, or pewter; and cause the same to be tried, and sealed, by the count) standards. And they shall,falso, see that vessels for corn measure, of the following forms and dimensions, are provided, for the standards of their re- spective towns, to wit : a two quart measure, the bot- tom of which, on the inside, is four inches wide, on two apposite sides, and four inches and an half, on the oth- er two sides, and its height from thence, seven inches and sixty-three hundrcths of an inch ; a quart measure, Title 108. Weights and Measures. 479 the capacity of which is three inches square from bottom to top throughout, and its height, seven inches and sixty- three hundreths of an inch ; and a pint measure, the ca- pacity of which, from bottom to top, is three inches square throughout, and its height, three inches and eigh- ty-two hundreths of an inch ; and in default thereof, such select-men shall, on conviction, before a justice of the p ena ]ty. peace, forfeit and pay a fine of seven dollars, the one half to him who shall prosecute the same to effect, and the other half to the town treasury. And all informing offi- cers are required to inquire after, and due presentment make, of all breaches of this act : and after such convic- tion, the select-men, for the time being, shall incur a like penalty for every two months, they shall neglect their duty herein prescribed, or shall, at any time, fail to preserve such weights and measures true, and in good or- der, for the use of the town, to be recovered as aforesaid, for the use aforesaid. SECT. 4. The sealer of weights and measures in each Duty of sealer /. , . ,.,01 weights and town, shall have the custody and sale keeping of the meagu res. weights and measures belonging to the town, and it shall be his duty, once in every year, to try the several weights, steelyards and measures, that are used by any person in su-'h town, by the town standards ; to deface and destroy such as cannot be brought to compare with the standard, and to seal with the capital letter, initial in the name of the.town, such as are found or made true ; and such seal- er shall, some time in the month of April, yearly, give no- tice to the inhabitants of the town, by a writing posted on the sign-posts, and other public places in the town, to bring their steelyards, weights and measures, at the time and place therein fixed, to be tried and sealed. And if any person shall, for the purpose of buying or selling, use w any weight or measure, until the same shall have been measures. sealed, in manner aforesaid, he shall, for every such of- fence, forfeit the sum of two dollars, one half for the ben- efit of the town, in which such offence shall be committed, and the other half to the sealer of weights and measures for said town, whose duty it shall be to prosecute the same eas or to effect : and every sealer who shall neglect his duty re- neglect of quired by this act, shall forfeit the sum of five dollars, for duty, every such neglect, to the town treasury. Charcoal &e. SECT. 5. The half bushel measure, anj^the parts therej- how meas- r pf, herein jjcscTffie'd, shall .tie the starulardjieasures., for ured - ^trcoai,"aH kin'Js of fruitiTand vegetables, and shell fish, whe>i sold by measure; and in measuring the said articles, the measures shall be well heaped. 480 Title 109. Work-Houses. TITLE 109. Work-Homes. An Act authorising towns to erect Work-Houses, or Houses of Correction. SECT. 1. Powers of towns in re- lation to work-houses. Overseers of work-house. Their powers and duties. Duties of the master. Escape oi prisoners. Punishment. E it enacted by the Senate and House ofRep- I resentatives, in General Assembly convened, That the several towns shall have power to establish work-houses, or houses of correction therein ; to erect and provide suitable buildings, with cells or apartments, proper for the confinement of offenders sentenced there- to ; to furnish materials for the work of those who are ordered to labor; to direct the kind of labor, and the manner and place in which it is to be performed, either within, or without the work-house ; aiid to make all regu- lations necessary to carry this law into effect, not incon- sistent with the laws of the state. SECT. 2. The select-men of each town shall he the overseers of the work-house therein : they shall have power to appoint some meet person to be the master or keeper of the same : they shall superintend and direct the master, as to the management, labor and food of the prisoners : they shall, once in three months, at least, visit such work-house : they shall see that the Jaw is duly executed: they shall take care that the prisoners. are suitably provided for, and not exposed to abuse, or op- pression : and if the master shall be guilty of miscon- duct, they may remove him, and appoint another in his place. SECT. 3. It shall be the duty of the master of each work-house, to receive all persons, who shall be sent there, by lawful authority, and to keep them to such labor as they are able to perform, during the time for which they are sentenced to such work -house ; and if any of them shall be refractory and stubborn, and refuse to work, or to perform their work in a proper manner, he may put them in close confinement, till they will sub- mit to perform their tasks, and obey his orders ; and in case of great obstinacy, and perverseness, he may reduce them to bread and water, till they are brought to submis- sion and obedience. SECT. 4. If any offender shall abscond, escape, or de- part from the work- house, without licence, the master shall have power to pursue, retake, and bring him back, and to require all necessary aid for that purpose ; and when so returned, the master may confine him to his Title 109. Work-Houses. 481 work, by fetters or shackles, or in such manner as he may judge necessary ; or may put him in close confine- ment till he will submit to the regulations of the work- house ; and for every escape, each offender shall be holden to labor, in the work-house, for the term of one month, in addition to the time for which he was commit- ted. SECT. 5. It shall be the duty of each town to provide Expense o; for the support of the prisoners in the work-house ; and ""PP 01 " 1 "'? i . , f *. - r . , ... - prisoners, now all the earnings of any prisoner more than sufficient to defrayed. pay for his support, and the costs of prosecution against him, shall be paid to him, or if he has a family, for their support, if necessary ; and if the earnings are insufficient to defray the expense, it shall be borne by the town, ex- cept in the case of prisoners, who have sufficient estate to pay it. and of stubborn and rebellious children and ap- prentices, who have parents or masters able to pay it, and then it shall be paid by them. And the master of each Master to ac- work-house shall render an account to the overseers, once count semi-an- in six months, at least, of the expense of the work-house, nua - 1 " and of the labor and earnings of the prisoners. SECT. 6. If any persons are committed to the work- p risoners una . house, who are not able to work, they shall be properly bleto work, taken care of; if possessed of estate, at their own ex- howsupport- pense ; if not, at the expense of the town where they ed " belong. Males and females shall be kept and confined General reeu separately ; and no spiritous liquors shall be suffered to lations. be sold to the prisoners. If any one shall amend, behave well, and reform, on certificate of the keeper and over- seers of the work-house, he may be released, by the authority committing him, before the expiration of the time for which he was committed. SECT. 7. All idle persons, who have nothing wherewith Who may be to support themselves, and no visible means of liveli- committed tn hood ; all sturdy beggars, who go from door to door, or ^ e work- place themselves in streets or highways to beg, in towns where they belong ; all who wander abroad from place to place, and beg ; all vagabonds and vagrants, who roam about from place to place, without any lawful busi- ness ; all night-walkers, wandering from place to place, in the night season, without any lawful occasion, and sleeping in out-houses, barns, or in the open air, who can give no good account of themselves ; all jugglers, braw- lers, and fortune-tellers ; all persons, who run away, and leave their wives and children, to be supported by the town ; all persons, who mispend what they earn, and do not provide for the support of themselves and families ; all lewd and dissolute persons, who frequent houses of bad 61 482 Title 110. Wrecks. Power and duty ofjus- tices to issue mit offenders, Second con- viction. Two or more towns may J in< fame ; and all common prostitutes, and common drunk- ards, may be committed to the house of correction, and sentenced to hard labor, for such time as the court be- fore whom they are convicted shall think proper, not exceeding forty days. SECT. 8. Andit shall be the duty of justices of the peace in each town, on their own knowledge, or on a verbal O r writen complaint, from any of the grand-jurors, con- stables > or select-men, or any substantial house-holder of the town, to issuehis warrant to apprehend such per- sons, and on due conviction, to send them to the work- house as aforesaid : and on a second conviction for the same offence, any offender may be sentenced to the work- house, such additional time as the court shall judge pro- per, not exceeding forty days. SECT. 9. Two or more towns may join in building, occupying or maintaining a work-house, in such manner, and on such terms, as they shall all agree. (1) (1) In the revision of 1702, there is a statute constituting the gaols in the seve- ral counties, houses of correction; and in the revision of 1750, there is a statute di- recting each county to erect houses of cor- rection, and containing regulations for the government of them. No houses of cor- rection have been erected, by any county. The legislature has, from time to time, authorized particular towns to erect work- houses ; and in 1813, gave the same power to every town. Where they have been erected, they have been found to answer an important purpose. Should the regu- lations of this statute be carried into effect, in the several towns, there can be no ques- tion but that the discipline of the work- house would be more effectual to restrain the commission of crimes of an inferior degree, than any other punishment that can be devised. TITLE 110. Wrecks. Persons and wrecks tobe kept in safety, Wrecked pro- perty, ho ^ s . e - posedof. ^ An Act concerning Wrecks. I TE^E it enacted by the Senate and House of Rep- JtJ resentativcs, in General Assembly convened, That if any ship, or other vessel, shall suffer shipwreck, upon the coasts, or in the rivers, harbors, creeks or waters of this state, there shall be no violence, or injury, offered to the persons of the mariners, or passengers, or to the goods belonging thereto ; but the persons of the mariners and passengers, shall be relieved and harbored, and their goods, and the goods of the vessel, preserved in safety, till authority may be informed thereof, and shall take further care, and give order relating thereto. SECT. 2. Whenever any ship-wrecked property shall be discovered on the sea-coast, or in the waters, riv- ers, harbors or creeks of this state, it shall be the duty of the select-men of the nearest town thereto, and it shall be lawful for any other person, to take Title 111. Yale-College. 483 the most effectual measures for saving and securing the same ; and if need be, such person shall apply to a justice of the peace, who is hereby authorized to grant a warrant, -directed to a proper officer, to im- press, and call forth, requisite assistance for that pur- pose ; and the person securing such property, shall immediately give notice thereof to a judge of the coun- ty court, of the county where the same shall be se- cured, who shall direct the sheriff of said county, to seize the said property, and the same to keep and hold, until it shall be released, or disposed of, by order of said court ; and if any owner or claimant of such pro- perty, being a person entitled by the laws of the land, Owner, &c. or by the law of nations, to a restoration thereof, shall, within a year and a day after such seizure, appear and claim the same, it shall be restored to him, on his paying such reasonable costs and salvage, for the persons to whom the same may be due, as the said county court shall allow and order ; and if no such owner or claimant If no owner shall, within that time, appear and claim said property the make claim* same shall be sold, by order of said court, and the h ^ dispose avails thereof, (after deducting reasonable costs and salvage, for the persons to whom due.) shall be lodg- ed in the treasury of the state. But if the property If the property so seized, be of a perishable nature, the said court may, beofaperish- at their discretion, direct it to be sold within the time ^soW^&c' ** limited, as aforesaid, retaining the avails thereof, for the same purposes, as the said property was holden. And in Enough to be case no owners or claimant shall appear, within one month, sold to pay after such seizure, and pay, or offer to pay salvage and *Q^ S costs, the said court may, at any time, afterwards, order so much of said property to be sold, as shall be sufficient to pay the salvage and costs. TITLE 111. Yak-College. An Act concerning the Corporation of Yale-Col- lege. Whereas the corporation of Yale-College, in considera- p re amble tion of a grant made to them, by the general assem- bly, in the year 1792, agreed, that the governor, lieu- tenant-governor, and six senior assistants, should be trustees or fellows of said College ; and whereas by the eighth article of the constitution of this state, the charter, so modified, was confirmed, and the said corporation have since agreed, consented and request- ed, that the governor, lieutenant-governor, and six 484 Title 111. Yale-College. senior senators, should be members of said corpora- tion : . Q E it enacted by the Senate and House of Rep- ' fj resentatives, in General Assembly convened. Governor, That the governor, lieutenant-governor, and six senior kovemorand senators, for the time being, shall ever hereafter, in fix senior sen- virtue of their said offices, be trustees, or fellows of ators, to be sa id college, and shall, together with the president and S^coraora- fellows of said college, and their successors, constitute turn. one corporation, by the name and style mentioned in the charter of said college ; and shall have and enjoy the same power, privileges and authority, in as full and ample a manner, as though they had been expressly Vacancies, named and included in said charter. And in case of how supplied, vacancy, by the death or resignation, or in any other way, of any of the other fellows of said college, and their successors, such vacancy .shall forever hereafter, be supplied, by them and their successors, by election, in the same manner as though this act had not been Quorum. passed. And the governor, lieutenant-governor, and six senior senators, or any four of them, together with the other fellows of said college, or any six of them, shall, at all future meetings of the corporation, consti- tute a quorum to transact business. Annual ac- SECT. 2. And the president and feUows shall annu- count. ally render to the general assembly, an account of the receipts and expenditures of the monies belonging t*> said College. Revision of the Laws confirmed. 485 An Act for confirming the Statute Laws of this State, as revised by the General Assembly, at their session in May, one thousand eight hun- dred and twenty-one. , ID E *' enactea> ty the Senate and House of Rep- ' _U resentatives, in General Assembly convened, Revised acts That all the acts revised and approved, or enacted, at the confirmed, present session, be, and they are hereby enacted and con- firmed as the laws of this state : and that all statute laws of this state, other than the said acts revised and approved, Other acts re- or enacted, at the present session, be, and they are hereby repealed. Provided nevertheless, that all rights, privileges and im- muniti -s, granted to and vested in any person or persons, or body corporate, by virtue of any of the laws hereby re- pealed, shall remain unimpaired, and unaffected, by snch repeal; and that all acts of a private nature, omitted in this revision, shall continue in force as private acts. Provided also, that all matters commenced by virtue of Unfinished any of the laws hereby repealed, now depending or un- business may finished, may be prosecuted and pursued to final effect, in be prosecuted, the same manner as they might have been, if this act had not been passed. Provided also, that such of the said revised laws as re- Lawg not ^ main substantially the same as before the revision, shall be tered in sub- considered as having continued in force from the time that stance, to be they were first enacted, any circumstantial amendments, Considered in J . . . , , J . . torcelrom or variations in phraseology, arrangement and connexion, their origin, notwithstanding. SECT. 2. And be it further enacted, that when the said A printed co- revised laws shall have been printed and published, under PJ * be . de- the superintendence of the persons appointed for that pur- j^f^ta m s pose, one copy thereof shall be deposited, and forever office ; * kept, in the secretary's office, to which he shall annex a certificate, under his hand, and the seal of the state, that and being cer- the acts and laws therein contained are the acts and laws tjfied by him, of this state ; and such copy, so certified, shall be deem- gdan a^tlfeT ed and taken to be an authentic record of such acts and tic record. laws. SECT. 3. And be it further enacted, That this act, and whentotake the said revised laws herein mentioned, shall go into op- effect. 486 Revision of the Laws confirmed. eration and take effect, on the first day of January, one thousand eight hundred and twenty-two, and not before. May Session, 1821. ELISHA PHELPS, Speaker of the House of Representatives. JONATHAN INGERSOLL, President of the Senate. Approved, June 5th, 1821. OLIVER WOLCOTT. INDEX Abatement of writs. 41 of polls, 448 of taxes, 453 Absconding debtors, remedy against. 237 Absence, when cause of divorce. 178 ground of continuing action. 38, 9 Absent debtors, remedy against. 237 Abuse offemale children, how punished. 152 Accessories, how punished. 170 ACCOUNT, action of. 33 BOOK, action of. 93-95 Accounts public, how to be kept. 460 how to be settled. 462 Accounts of turnpike companies, to be stated and adjusted annually. 472 Accused, rights of, in criminal prose- cutions. 21 Acknowledgment of deeds, how to be made. 302 ACTIONS CIVIL, regulated. 34 to 58 process in 34 writ, and signing. ib. declaration. ib. attachment, how to issue. ib. bonds for prosecution, when required. 35 process, how directed. ib. time of service. 36 summons, how served. ib. attachment, how served. ib. when estate attached must be levi- ed on, by execution. 37 service of writs on non-residents. ib. writs, when to be returned. ib. defendant, when to be defaulted. 37, 8 continuance of actions, when defend- ant is out of the state. 38 judgment, how rendered, when de- fendant is out of the state. 39 new trial, when defendant has no notice. ib. service of writs on joint-contractors, ib. continuance of actions, by justices of the peace. 39, 40 new trials, when granted in actions before justices. 40 when plaintiff must appear. ib. withdraw or nonsuit. ib. new bond of prosecution, when to be given. ib. suit?, where to be tried. 4 J ACTIONS CIVIL. jurisdiction of justices of the peace. 41 appeal from justices of the peace. ib. abatement of writs. ib. amendment of writs. ib. appeals on pleas of abatement. ib. writs, when not to abate. 42 pleadings. ib. general issue, when it may be pleaded. ib. pleading double, when allowed. 43 set-off, when allowed. ib. amendments, when allowed. 44 issues in fact to be tried by the jury. 45 jurors, how appointed and returned, ib. jurors, how designated. 46 penalty for non-attendance. ib. talesmen, how returned. ib. witnesses, how summoned. ib. capias, when to issue against wit- nesses. 47 depositions, when and how to be ta- ken, ib. when, and how to be opened. 48 laws of other states, how proved. ib. sworn copies of records, &c. when admissible. ib. certified copies of public writings, when admissible. ib. private acts, how to be pleaded. 49 direction of the court to the jury. ib. special verdict, when to be given. ib. assessment of damages, how to be made. ib. when the court may send the jury to a further consideration. ib. jury to be kept under charge of an officer, ib. misconduct of jury and officer, how punished. 50 parties may agree to try issues in fact by the court. ib. court to decide issues in law. il>. proceedings on penal bonds. ib. jurisdiction of county courts. 51 appeal from county courts. ib. fictions, when to be remanded. * 52 appeals from justices of the peace, ib. removal of actions from justices of the peace. 52, f> 488 INDEX. f*i ACTIONS CIVIL. 1 costs, when allowed. 53 new trials, when to be granted. 54 writs of error, when and how to be brought. ib. executions, how directed and serv- ed. 55. 59 limitation of actions. 310 to 312 Acts public, when to take effect. 258 how to be published, and distribu- ted. 258. 408 of other states, legal evidence here. 48 Adjournment of the legislature. 25 of the supreme court. 137 of the superior court. 139 of the county courts. 140 Adjutant-general, how appointed. 336 Administration, when to be grant- ed. 200, 201 limitation of granting. 209 Administrators to be appointed, when executors refuse. 200 when no will is made. 201 to give bonds. ib. to make an inventory. 202 penalty for neglect. ib. how to proceed against those who concealestate. 203 to give notice to bring in claims. ib. may release satisfied mortgage of minor heirs. 204 shall keep buildings in repair. ib. may be called to account. ib. when and how to be removed. 204, 5 may be required to give further se- curity. 205 when to sell lands. ib. how to proceed, when the estate is insolvent. 209 not to be sued, pending settlement of insolvent estate. 211 to make additional inventory, on new discovery of estate. 212 Admisnon of inhabitants in towns. 279 Adultery, how punished. 163 Advancement to children. 207 Affidavit to obtain special deputation. 35 to submission by rule of court. 59 Affirmance of judgment on writs of er- 'ror. 54 when appellant does not enter his appeal. Affirmation, when to be administer- ed. 369 penalty for false. ib. form of, for witnesses. ib. Age, at which persons shall be free, capable of contracting, fcc. - 262 to choose guardians. ib. to make a will 199 Agents of absent and absconding debtors. 'ir, of communities 132 of proprietors of common fields. 218 Agents. when service of writs may be made on. 37 Agreements, when to be in writing. 246, 7 respecting division of estates. 206 Ale measure, standard of. 478 Alienation of lands, how to be made. ' 301, 2 to defraud creditors, void. 247 Aliens, how to gain settlement in towns, i Y*U(&6 279 not to hold lands. 301 Alimony, when allowed in cases of divorce. 179 Allowance to widows of their hus- bands' estates. 211 Alteration of highways, how made. 269 Amendment of writs. 41 of declarations. 44 of pleas. ib. in proceedings in equity. 197 Amendments of constitution of the United States. 17 how to be made. 15 of constitution of this state, how to be made. 32 Annual meeting of electors, when to be holden. 29 session of the general assembly, when and where to be holden. ' 22 Appeals from justice of the peace. 41. 52 1 from the county courts. 51 from the city courts. 1 13 from courts of probate. 208 causes appealed, when to be reman- ded. 52 when to be entered. 51 not entered by appellant, appellee may enter, rfrrfqrr 52 on pleas in abatement, when costs to be paid by appellant. 41 from doings of commissioners on in- solvent estates. 210 in criminal causes from justices of the peace. 172 not allowed from judgment on re- port of auditors. 34 not allowed in prosecutions for re- newing encroachments on turnpike roads. 47.5 Appellants, when to enter appeals. 51 Apportionment of school-fund divi- dends. 402 - Appraisement of estates of deceased persons. 202 new. ib. of lands taken on execution. 57 Appraisers of estates of deceased per- sons. 202 oath of. 366, 7 A ppraisers of lands taken on execution. 57 oath of. 366 Apprtniices, minors, how to be bound. J18 children, when bound by select-men, ib. INDEX. 489 Apprentices. how relieved from cruelty of mas- ters. 319, 320 when ? be disrharged from. ib. how pu-.iishcd when n fractory 319 absconding, how to !;, 'Brought back. ib. liable to answo>- luimtge for ab- sconding, after lull age. 321 Apj>r iriation of fund to support sdi.-'->ls. 30 of two dollars on thousand to sup- port soh,)ls. 401 ARBITRATION, by rule of court. 59 witnesses, how compelled to attend. 60 Arbitrators, how appointed on sub- mission by rule of court. ib. award of, how enforced ib. Anns, right of citizens to bear. 21 Arrest, security of citizens from. 21 electors, exempted from. 29 senators and representatives ex- empted from. 24 members of congress exempted from. 8 keepei? and guaid of new gate pris- on, exempted from. 359 Arson, how pumshed. 151.155 ASSAULT, SEO.ET, action for. 407 Assault, with intent to commit a rape. 152 with intent to rob, or kill. ib. ASSEMBLE GENERAL, how constituted. 22 stated sessions of. ib. how to proceed in passing public acts. 257, 8 on petitions of an adversary nature. 258 Assembly, unlawful, punishment of. 161 suppression of. 384 power of sheriffs in relation to. 415 ASSESSMENT OF TAXES, provisions for. 444 to 450 Assessors to be appointed annually. 444 oath of. 450. 366 duty of . 444, 5 refusing to serve, subject to a for- feiture 450 Assignees of debts, how to proceed in foreign attachment. 240 Assignment of dower, how made. 181 Attachments, how served on personal estate 36 on lands. ib. on the person. . f^ . . ib. on bank shares, c,i * W~lfib ib. on absent and absconding debtors. 237 pn estate of non-residents. 37 on writs of scire-facias. 37 foreign, how to proceed gn. 237 property exempted from. 56 form of. 242, 3 A ttamder of treason or felony. 21 Attempt to commit a rape, how punish- ed. 152 to rob or kill, how punished. ib. Attestation of wills, how made. 199 Atlornies, how admitted. 141 Jtiornies. how regulated. 141 oath of. 366 fees of, taxable in bills of costs. 394 not to buy choses in action. 313 for tlie state, how appointed. 141 to give bonds. ib. to superintend collection of fines,&c. 463 to collect penalties in qai tarn suits. 465 to render annual account. 463 to pay money in his hands to treas- urer. 465 fees of. 395, 6 authorized to discharge prisoners holden only for fine and costs. 252 special, how appointed. 141 assistant. ib. Attorney of absent and absconding debtors, how proceeded against 237 Attorney, power of, to execute deeds of lands. 302 AUCTION, duty on sales at. 61 Aud tors in actions of account. 33 in actions of book-debt. 94 oath of. 368 of public accounts. 27. 462 oath of 368 Average among creditors of insolvent estates. 212 Avoiding gates on turnpike roads. 473 Avoirdupois weights, standard of. 478 Award of arbitrators, how enforced. 60 BAIL, excessive, not to be required. 21 right of prisoners to, before convic- tion. 21 when to be taken in civil actions. 62 persons attached, not giving, to be committed. ib. special, to be given before pleading, ib. may be given by defendant, when committed. ib. when liable. 63 suit against, limitation of. ib. bond to be assigned by officer. ib. may procure principal to be com- mitted. ib. special, not exonerated, by bond to appeal. ib. in criminal causes. 171. 172 Ballast not to be thrown into any riv- er or harbor. 363 Ballot, what elections shall be by. 29 BANK, Bridgeport. 75 Derby. iw ^ / 81 &-< , Eagle^H 6 *-** W**4f*if , r ^ 83 ? ^' fj Hartford. 64 Middletown. 71 New-Haven. 69 New-London. 7U Norwich. 73 Phcenix. 86 Union. 67 may issue post-notes. 90 may not emit bills less than one dollar.ib. sri / 490 INDEX. 36 58 447 91 93 152 ib. 1.53 shares in to be considered as per- sonal estate. 31 unincorporated, prohibited- 165, 6 Bank-bills, not to be issued or passed less than one dollar. 90 passing counterfeit, how prevented. 133 Bank-shares to be considered as per- sonal estate. 91 how attached, how sold on execution, how to be taxed. BAH BERRY BUSHES may be destroy- ed. Barrator, common, who may be pro- ceeded against as such. Barratry, how punished. ICO Barrels, how to be made. 290, 1 BASTARD CHILDREN, maintenance of. 91 fathers of,how to be proceede' 1 against.92 order for maintenance of ib. when towns may prosecute for main- tenance of. ib. limitation of prosecution for main tenance of. concealing pregnancy of. delivery of, in secret, concealing death of. Battfn/, how punished. 162, 3 Bay-berries, trespasses relating to, how punished. 466 Beef, inspection of. Beer measure, standard of. 478 Beggars, sturdy, liable to be sent to work-house. 481 Bestiality, how punished. 163 Bigamy, how punished. 164 Billiards, playing at, prohibited. 168 Billiard tables, keeping of, prohibited, ib. Bills of credit, not to be emitted by states. 11 private, not to be issued. 165, 6 Bills of exchange, damages on. 360 Bills for public ucts, how to be pro- ceeded with. 26. 257, 8. Binding over for trial. 172. 134. 190. 326. 163. 320. 407. to good behavior. 147. 250 Birth of child, revocation of will. 200 Births to be recorded. 459 Blasphemy, how punished. Board of health, how constituted. powers and duty of. Borfy, dead, proceedings in relation to, when found, digging up, punished 164 419 ib. 177 165 Bond, 75 Borough, ik-frfl 95 additional regulations of. 103-5 *t Bridges, how built and maintained. 266 /***>*' liability for defects of./W^^'J ib. BRIEFS, when to be granted. W*W 105 l(7J Brockway\ fer-ry, fare of, regulated. 224 Burglar^ojf punished. 154 Burning houses, vessels, &c. with in- tent to defraud iusurers. 155 Bury ing-grounds, regulations con- cerning. 404 Butter, inspection of. 295 CANADA THISTLE, provisions to pre- vent the spreading of. 106 Canvass of votes for public officers, by whom to be made. 23. 25. 27. 186. 191, 2 Captain-general of the militia, who shall be. 25. 335 ' I <5 - /' M INDEX. 491 Cards, playing at, prohibited. 168 selling of, prohibited. ib. Carriages, drivers of, regulated. 438 Cashiers of banks, may seize counter- feit bills and coin. 134 Casks, how to be made. 2C9. 290, 1 Casting vole, who shall have. 140 Cattle, how restrained from going at large. 458 when to be impounded. 378 how to be replevied. 379 Caution, how to be entered respecting deeds. 302 CAUSES, CIVIL, regulated. 34 to 59 Certificates, forms of, for votes. 1 87, 8 for school money. 402, 3 penalty for making false. 404 Chain men to be sworn. 441 form of oath. 367 Chaises, driving of, regulated. 438 how to be taxed. 447 Challenge of jurors in capital causes. 173 to a duel, how punished. 161 Chancery, power of courts of. 195 Chapman's ferry, fare of, regulated. 224 Charcoal, standard measure for. 479 Children, how to be instructed. 107 neglected, to be bound out by select- men, ib. stubborn, how corrected. ib. when liable to maintain parents. 3d 9 how to be instructed in factories. 320 Christians, to enjoy equal powers, rights and privileges. 29, 30 not belonging to any society, may form themselves into a society. 436 Christian sects, equality of, by law. 20. CITIES, incorporated, and provisions relating to.J'J^ rra.,*f*f,4*flQ8 to 131 CIVIL ACTIONS, regulated. ' 34 to 59 Civil process, not to be served on Lord's day.%0>/ 33G Claims against estates of deceased persons, when barred. 203 against insolvent estates, when bar- red. 210 Clams, fishery of, regulated. 227 Clerks of the supreme court of errors, who shall be. 137 of the superior court, how appoint- ed. 139 to furnish account of fines, c. to comptroller. 463 to account for court fees to comp- troller. 464 to receive and pay over bills of costs in criminal causes. 463 of t/ie county court, how appointed. 140 to furnish account of fines to county treasurer. 465 to pay court fees to county treas- urer, ib. to receive and pay over bills of costs in criminal causes. 463 of towns, how appointed. 457 duty and power of. 459 of reiigiou* societies, how appointed. 433 power and duly of. ib. of school, societies, how appointed. 397 power and duty of. ib. of school districts, how appointed. 399 power and duty of. ib. of the house of representatives. 23 of the commissioner of the school- fund. 407 of turnpike companies. 473 Coaches, drivers of, regulated. 438 how, to be taxed. 447 Codicil, containing devise of land, how witnessed. 199 Coin, gold and silver only, a tender. 1 1 counterfeiting, how punished. 156 passing counterfeit, how punished, ib. possessing counterfeit, with intent to pasV ib. passing counterfeit, how restrained. 135 Collectors of state taxes, how appoint- ed. 454. 457 names of, to be sent by the town- clerks to the treasurer. 460 power and duty of. 451 of county taxes, how appointed. 251 power and duty of. ib. of town taxes, how appointed. 457 power and duty of. 452 of religious society taxes, how ap- pointed. 434 power and duty of. ib. of school district taxes, how appoint- ed 3 " jlv and duty of. ib. COLLEGE, YALE, corporation of. 484 Commissary-general, how appointed; 337 duty of. ib. Commission to take testimony, how granted. 1r*C f~l t~ u; to take answer of garnishee. 241 of sewers and scavengers. 409 on money. See Compensation. Commissions, how to be made out. 26 Commissioner of school-fund, duty and power of. 405 Commissioners on insolvent estates. 210 of sewers. 409 on turnpike roads. 470. 472 on ferries. 221 on toll-bridges. 26'7 Commitment of delinquents, by justices ofthepeace^ 172 of defendants,\for want of bail. 62 of principal, b\bail. 63 Committee, eng'wmng, to be appoint- ed by house of representatives. 258 Committees of religious societies. 433 of school societies. 397 of school districts, to remove encroachments. _/ 362 INDEX. Committees. of courts of equity. 138 health. 420 Common barrator, who may be pro- ceeded against as such. 477 Common field.*, regulated. 215 Common lands, proprietors of, how to proceed. 304 for trespass on, how to sue. 466 Common nuisances, how punished and abated. 361 Communities, how to sue and be sued. 131 may appoint agents or attornies to prosecute or defend. 132 Companies, incorporated, shares in, how attached. 36 how levied on, by execution. 58 Compensation to assessors of taxes. 450 for making discovery of, and giving information against, capital offend- ers. 176 to clerk of commissioner of school- fund. 388 to clerk of comptroller. ib. to clerk of senate. 387 to clerk of treasurer. 388 to clerks of house ofrepresentatives.387 to clerks of superior and county courts, for receiving and paying over costs. 463, 4 to clerks of superior court, for re- ceiving and paying out public mon- ey. " 464 to collectors of state taxes. 456 to commissioners on ferries. 224 to commissioners on turnpike roads. 472 to members of courts-martial. 353 for taking up and securing drifts. 469 to fence-viewers on common-fields. 215 for making discovery of, and in- forming against, persons guilty of forgery, or horse stealing. 176 to health officers. 424 to judge-advocate. 353 to judge on trial of habeas corpus. 265 to judges on appeals from commis- sioners.. 210 to militia called out by sheriff. 415 to pay-master-general, to printers of public acts. 408 to representatives. 387 to select-men for services on com- mon fields. 215 to senators. 387 to speaker of house of representa- tives, ib. to surveyor-general and his depu- ties. 441 to witnesses in criminal causes from without the state. 174 Complaint for secret assault, how to be made. 407 for offences punishable by commit- ment to work-house. 482 Comptroller, how appointed. 27 oath of. 364 salary of. 388 power and duty of. 27. 460. See also, 90. 449, 450 to draw orders for school money. 403 to settle accounts of commissioner of school-fund. 407 to settle accounts of state's attornies. 463 to settle accounts of clerks of courts, ib. to furnish town-clerks with blank forms for returns of lists. 445, 6 to assist in canvassing votes. 2.S. 25. (27. 191, 2 may not be a member of the gene- ral assembly, vacancy in office, how supplied. 187 Concealment of pregnancy and secret delivery of bastard child. 152 of death of bastard child. 153 of estate of deceased persons. 203 Confession of judgment taken by jus- tices of the peace. 146 Confinement of lunatics and distracted persons. 275 Congress, members of, may not be members of general assembly. 32 Connecticut river, fishing in, regulated. 227 Conservators of idiots and lunatics, how appointed. 274 Constables to be appointed, annually, by each town. 132. 457 power and duty of. 132. See also 62. 148. 174, 5. 167. 177. 311. 319. 327. 386. 455. 384, 5. 428. 442. oath of. 132. 364. fees of. 3913 authorised to command assistance. 133 to summon jurors. 45. 46 to remove inhabitants of other states, by warrant. 281 to sell creatures impounded. 379 to make presentment of breaches of the laws relating to the sabbath and to taverns. 386. 444 CONSTITUTION of the United States. 5 of this state. 20 Contagious diseases, how prevented. 419 Con'empt of court, how punished. 174 for not obeying writ of habeas corpus. 265 Continuance of actions, when neces- sary. 38. 39. 40. 237 Contracts, when to be in writing. 246 gaming, void. 248 by persons under overseers, void. 276 by Indians, when void. 279 usurious, void. 476 fraudulent, void. 247 Conveyance of lands, by deed, how to be made. 301 fraudulent, void. Convicts, importation of, prohibited. 133 INDEX. 493 Co-parcenert, action of account be- tween. Corn-measures, standard of. 477 Corporations^ Kfw to sue and be sued. 131 private 'rights in, how attached. 36 how sold on execution. 58 Correction, houses of, provisions con- cerning. 480, 1, 2 Costs in civil actions, how to be al- lowed. 53 in criminal causes, how to be paid. 175 against the treasurer, how to be paid. 463 Costs, double, when to be paid. 94 363. 467. 473 Counterfeited bills and coins, treasur- er may seize and retain. 133 cashiers of banks may seize and retain. 134 justices of thejpeace may seize, de- face and retain. may examine and enquire concern- ing. how the parties shall proceed, how prevented. Counterfeiting bills and coins, how punished. Counterfeiting public seals, how pun- ished. GJ* 160 COVJVTIES, stated, and name County courts, ho-w-constituted. ' 139 jurisdiction of. iFrtAflf ib. howto proceed in absence of judges. 140 how formed, when all the judges are disqualified. 148 special, how called. 140. CRIMES. Manslaughter. Perjury, with intent to take life. A rson, thereby causing death. Burning any building, thereby caus- ing death. May hem. Putting out eye, &c. with intent to disfigure. Rape. Abuse of female children. Attempt t'i commit rape. to kill or rob. Administering poison with intent to murder or cause miscarriage. Secret delivery of bastard child. Concealment of death of bastard child. Kidnapping. against public property. Destr9ying magazines, &c. Burning state-house, &c. forging public securities, &c. ugai'iLSt private property. Robbery. Burglary. Robbery or burglary with personal abuse Breaking store, &c. with intent to 135 ftfl steal. Breaking dwelling-house in day time. Arson Burning vessels, office, &c. Burning one's house, &c. with intent to defraud insurers ib. 156 special, IHJW caiicu. it\j /\ sw ucnu.uu insurers. may appoint clerks and treasurers. ib/Wiwbestroying vessel, with intent to may establish rules of practice. 141 may make orders of notice. 148 may admit attornies. 141 may appoint attornies for the state, ib. shall take care of county property, ib. times and places of holding, presiding judge of>Jto have casting County surveyors, how appointed. County taxes, how laid and collected. County treasurer's duty. 464. 478 Court-houses to be built by counties. 251 Courts, how constituted. <"*,/, 13 6 Supreme court of^rrors.l Ytfifltn/ ib. 142 140 441 250 Superior court. County courts. W r( l\lU ,C7' 139 Courts of probate. 143 Justices' courts. 146 may make orders relative to notice. 148 shall have seals. 146 martial, how constituted. S49 CRIMES against the sovereignty of the state. Mf OOt Treason. 151 Misprision of treason. ib. against the lives and persons of in- dividuals. Murder. 151 defraud insurers. Forgery. Counterfeiting coin. Possessing counterfeit coin with intent to pass. Selling counterfeit bills, to have the same passed. Making plates for counterfeiting bills. Possessing counterfeit bills, with in- tent to pass. Possessing blank counterfeit bills, with intent to fill up and pass fraudu- lently. possessing plates for forging bank bills. Horse-stealing. Stealing from the person at a fire. Stealing from the person. Breaking and stealing from a build- ing in the day time. Simple theft. receiving and concealing stolen goods. against public iustice. Perjury. J fy^ 4^3 Subornation of perjury. Bribery. ib. ib. ib. ib. ib. 152 ib. ib. ib. ib. ib. ib. 153 ib. 153 154 ib. 154 ib. ib. ib. 155 ib. ib. ib. ib. ib. 156 ib. ib. 157 ib. ib. ib. 158 ib. ib. ib. ib. 159 159 ib. ib. 1 94 INDEX. CRIMES. Embezzling and altering records,&c. 160 Counterfeiting public seals. ib. Effecting escape of prisoners from new-gate. ib. Resistance of officers. ib. Barratry. ib. against public peace. Challenge to a duel. 161 Delivering a challenge. ib. Riot. ib. O bstructing proclamation against riot.ib. Continuing together after procla- mation. 162 Destroying turnpike property in night season. ib. Breaking windows, &c. in night season. ib. Breach of peace. ib. against chastity. Sodomy. 163 Bestiality. ib. Adultery. ib. Incest. ib. Bigamy. 164 Fornication. ib. Lascivious carriage. ib. against morality and decency. Blasphemy. ' 164 Profane swearing. 165 Distributing obscene books. ib. Introducing obscene books into fam- ilies, ib. Drunkenness. ib. Disintermeut of deceased persons, ib. against public policy, l*cr*6 302 how to be recorded. ib. Default of defendant, when to be taken. 37 Degrees of kindred, in which marriage is unlawful. 163 Delinquents, where to be tried. 171 when bailable. ib. if committed, how to be bailed. 172 when to be bound over to court. ib. when to be indicted by grand-jury. 173 when entitled to peremptory chal- lenge of jurors. ib. evidence required in capital cases, ib. in cases of forgery. ib. direction of court to jury, in trials of. 174 .when entitled to writ of error. ib. how to be punished, for second and third conviction. 171 female, how punished. ib- costs of prosecuting, how to be paid. 175 Demand on execution, how to be made. . . 55 INDEX. 496 Demand. ' ' in foreign^ttachment. 241 Demand* against estate of deceased persr-.i-, how barred. 203 against insolvfnt et;ites. 210 mutual, when to be set off. Dnnurrer, to be decided by the court. 50 DeMSiiions, when and how to be tak- en. 47 not to be written by persons inter- ested, ib. witnesses, how compelled to give. ib. how to be opened, commissions, to take. ib. Deputation to serve writs by justices. 35 special, By sheriffs Dfputy-fhen/s, how appointed. 416 number for each county. ib. how to be removed. Dfjuily-survtyors, how appointed. 440 Derby bank. 81 Derby ferry, fare of, regulated. at the narrows, fare of, regulated. 226 Descent offends, rules, of. 207 Do- -if. of lands, how to be witnessed. 199 lapsed, how disposed of. ib. Devisees, when witnesses to wills, de- vise to be void. ib. DETAINER, FORCIBLE, mode of pro- ceedings. 235 v fyrectors of turnpike companies. 473 ^Discipline, military, rules of. 331 Discharge, must be pleaded specially. 43 of military officers, how made. 355 Disclosure by defendant in equity, not conclusive 198 by garuishee, on scire-facias. 241 on foreign attachment. ib. by persons suspected to be infected with the small-pox. 425 Discontinuance of highways, how or- dered. 272, 3 Disinlejyient of dead bodies, prohib- ed. 2 rrtrff 165 Distracted perrons, how disposed of. 275 Distribution of the powers of govern- ment. 22 of intestate estates, how made. 206 of laws, how made. 408 of school money among school dis- tricts. 401 Distributors of intestate estates. 206 Districts, school, established. 398 povvtr of. 399 Disturbance of public worship, prohib- ited. 386 at meetings in the field. 327 of town-meetings, &c. 326 D h-!sion of intestate estates. 20C DIVORCE, when to be granted. 178 1) w to proceed in applications for. ib. mode of giving notice. ib. L'''iii'>ny 179 DpGs, how restrained. ,, 179 t*r when may be killed. 180 to wear cellars, or ;nny be killed. ib. owners of, liable for damages. ib. Double costs, when to be paid. 94. 363. (467. 473 Double damages, when allowed. 363. 467 DOWER, when widow is entitled to. 180 how to be set out. 181 tenant in, to Ke<_ \> estate in repair, ib. notice, when t; be given of refusal to accept provision in a will in lieu of. 181 jointure, a bar to. ib. Drams and water-courses, in turnpike roads. 472, 3 Drivers of carriages, how regulated. 438 Drunkards, common, liable to be com- mitted to the work-house. 481 Drunkenness, how punished. 165 Duelling, how punished. 161 DUTIES on writs and petitions. 182 on appeals. ib. on continuances. ib. on licences to retail liquors. ib. on sales at auction. 183 receivers of, to acjcmmt for. appropriated. *-/ 1 >> L CfQCpf 185 Eagle bank, incorporated. 83 East-Haddam ferry, fare of, regulated.224 East- H.iver, fishery in, regulated. 232 East-Windsor ferry, fare of, regulated. 226 Education of children, regulated. 107 Etgfd-mile river in Lyme, fishery in, regulated. 231, ELECTION, when to take place. 185 place of. ib. meetings for, how warned. ib. presiding officer, how designated, ib. of representatives. 186 of senators. ib. of governor. ib. oflieutenant-governor. ib, of treasury and secretary. ib. votes, how returned and counted. ib. when majority of votes necessary. 187 vacancies in certain offices, how fil- led, ib. forms of certificates of votes. 187, 8 secretary to distribute blank forms. 189 penalty for unduly voting. ib. undue influence prohibited. ib. bribery punished. ib. illegally obtained, void. ib. disturbance at, prohibited. ib. mode of voting . 1 90 of senators of the United States. ib. **. of representatives in congress. 191 ** vacancy, how filled. ib. notice how given to persons elected. 192 persons accepting, when to give no- tice. 193 forms ofcertificates of votes. ab. Electors, qualifications of. 28, 9 496 INDEX. Electors. ' privilege of, from arrest. 29 eligibility of, to office. ib. privileges of, how forfeited. ib. how admitted. 194 when admitted, to be enrolled. 195 to be sworn. ib. form of oath. 195.363 admitted in another town, must pro- duce certificate. 195 must have resided four months where they offer to vote. ib. Ely's ferry, fare of, regulated. 225 Embesslement of property of deceas- ed persons. 203 of records, &c. 160 Encroachments on highways, how re- moved. 362 on turnpike roads, how removed. 475 Enfield ferry, fare of, regulated. 226 Engrossing cummittee to be appoint- ed by house of representatives. 258 Entailment of lands, effect of. 301 Entry on lands, time of, limited. 309, 10 forcible, mode of proceeding in. 235 Equity, courts of, how to proceed. 195 suits in, how to be served. 196 orders of notice, how to be given. ib. facts found to appear of record. ib. may pass titles to land. ib. may direct guardians to execute con- veyances for their wards. ib. may appoint guardians for minors. ib. may direct the taking of depositions to perpetuate testimony. 197 may grant writs of injunction in va- cation. r*MfJ F ib. writs of error from decrees in, when they will lie. ib. new trials may be granted. ib. amendments of bills, Sic. may be made. ib. discovery on oath not conclusive. 198 Error, writs of, at law, when they can brought tcf^tofM^J/ 54 how signed. 55 bonds for prosecution. ib. how served. ib. how served on petitioners for high- ways, ib. proceedings on reversal. 54 in matters of equity. 197 in criminal causes. 174 Escape of prisoners from new-gate, ef- fectingJW^i** &* rf f 160 from pounds. 380 ,JSscheats, how to be proceeded with. 198 Essex borough, incorporated. 98 Estate, how long to be holdon by at- tachment. 37 real, conveyance of. 301,2 when to be sold for taxes. (> 455, 6 Estates, testate, how settled. M& & 199 intestate, how settled. ffifatl} 201 insolvent, how settled. 209 12 of deceased persons, when to be sold for payment of debts. 205 Evidence, how perpetuated. 197 by depositions, how to be taken. 47 of records, how made out. 48 of public writings, how made out. ib. in trials for treason. 31 in capital cases. 173 in prosecutions for forging or putting offforged bank bills. ib. of importing convicts. 133 of secret assault. 408 of certain trespasses. 466 of damage done in the night seasofi. 470 of encroachment on highway. 362 Examiners of electors, who shall be. 194 when and where to meet. ib. mode of proceeding. ib. to be sworn. 195 form of oath. 195. 364 Excessive bail and fines, not to be re- quired or imposed. 21 Executions, how to be directed and returned. 55 how to be served on personal estate, ib. estate exempted from. ft 56. 376 when to be levied on the body.* Wfiff 57 copy of, to be left with gaoler. ^ when and how to be levied on land. levy of, to be recorded and returned. 58 when to be levied on estate attached. 37 when on body of debtor committed to prison. 5!: when may be directed to an indiffer- ent person. ib. how levied on shares of incorporat- ed companies. 58 in what cs.se not to issue, till bond is lodged with clerk. 39 when to be staid, in case of insol- vent estates. 211 Executive of the United States. 11 of this state. 24 officers, oath of. 31 Executors to prove the will, or refuse the trust. 200 penalty for neglect. ib. oa refusal of, administrator to be appointed. ib. to give bonds. 201 to make inventory. 202 penalty for neglect ib. how to proceed against persons em- bezzling the estate. 203 to give notice to bring in claims. n of members of general as- sembly. 24 Factor, &c. of absconding debtors, how to proceed against. 237 Fai.Jield county, constituted. 136 False iritnesx, with intent to take life, bow punished. 151 Fast-days, labor on, prohibited. 386 Ftel a, id -incites, standard of. 478 FEES on appeals from commissioners. 2! 1 of assistants to the state's attornies. 396 of attornies, taxable. 394 of city courts, taxable. 115 of clerks of county courts. 389 of clerks of superior court. 388 of clerks of superior and county courts in criminal causes. 395 of collectors of taxes for levying warrants. 455. 393 of constables. 391,2 for taking up and securing drifts. 469 of county courts. 388 offence-viewers. 215 on trial of forcible entry and de- tainer. 396 of gaolers. 394 of grand-jurors. ib. on trial of habeas corpus. 265 of health officers. in laying out and viewing highways. 393 of inspectors of provisions, of jurors. - 389 of justices of the peace. 391 of justices of the peace in criminal 395 115 396 395 297 393 394 380. 219 ?9.390 _. , f 391 of sheriffs. I Yfi 1,1 ^ 391, 2, 3 of sheriffs in criminal causes. 395 of state's attornies. 395, 6 on trial of summary process to ob- tain possession of land. ,, 308 causes. of mayor or alderman, taxable. of notaries public. of officers in criminal causes. of packers of provisions. of parties in civil actions. for petitions, taxable. of pound-keepers. of pn.^ate courts. of si'crr-tary^of the state. Fees. of superior court. of surveyors of provisions. of town-clerks. 394. of witnesses in civil causes. of witnesses in criminal causes. for writs, taxable. See Compensation. Salary. Fellows of Yale-College. Female convicts, how punished. Font covert, how to convey her lands. may make a will. FENCES to be made, by owners of particular inclsures. what are lawful and sufficient. how adjoining proprietors shall make. when one makes the whole, how to proceed. how to be divided. how to'proceed, when divisional, is not in repair.^^^*-^^ ^'e6$~ when one opens his enclosure. when they cannot be placed in the line. of common fields regulated. Fenci-viewers to be appointed by ""towns. by proprietors of common fields. to decide on sufficiency of fences. to regulate fences in common fields. oath of. fees of. FERRIES, by whom to be kept and maintained. how to be famished. how to be tended. lawful fare of, only to be taken. rate of fare of, to be set up. commissioners of, how appointed. their power and duty. compensation of commissioners. fares of, regulated. ?%-f *^ 224- Fie'ds, common, regulated. Field compass to be kept bysurveyor- general and deputies. Fines, how collected and accounted for. in qui tarn suits, how collected. Fish, inspection of. FISHERIES, how regulated.; >;<' if ^ of clams and oysters in towns. in Connecticut river. in Eight-mile river in Lyme. in Key's brook in Killingly. in Nachaug river. in New- Haven East n,ver in Ousatonnic river, z in Paukatuck river. in Quinebaug river. in Selden's cove. in Selden's creek inLvme. 297 450 395 394 484 171 304 199 213 ib. ib. 214 ib. ib. 2\5?^/ r 457 215 213 217 366 215 219 ib. 220 221 ib. 224 , 227 Y* 215 440 465 ib. 288 227 (L 231 232 231 228 233 230 2.51 283 INDEX. IsHEKIES. O/ * in Shetucket river .2 Y*L 48l FISHERIES. 230 in rrumner s creel^in Middlctoirn. 231 in Thames river, t- ^^ I/ 2:32 in Wilh'mantic river. 231 in Windsor-ferry river.l /ot^Jl.Jfc/ 229 on flats. 235 in ponds. ib. Flour, inspection of. 289 FORCIBLE ENTRY AND DETAINER, how to proceed in. 235 FOREIGN ATTACHMENT, mode of proceeding in. ibf ft& 237 how writ shall be served. ib. how suit may be defended. ib. when suit shall be continued. 238 demand to be made on execution. ib. when scire-facias shall issue. ib. how scire-facias shall be tried. ib. when judgment shall be rendered against garnishee. 239 when agent, &c. shall be discharged from principal. ib. when execution shall be stayed. ib. mode of proceeding, when debt is assigned. 240 when costs shall be taxed. ib. commission to take disclosure. 241 limitation of scire-facias. ib. how agent or debtor shall be cited in to disclose in original siyt.. ib. Foreigners not to hold lands J-Ml^if 301 how to gain settlements in towns. 279 Forgery of public securities. 154 of private securities. 155 FORM of attachment. 242 of bond to be given by administra- tors or executors. 201 of bond for prosecution, of bond on writ of replevin. ib. of bond on writ of replevin by one not a party to the suit. ib. of execution from justice of peace. 243 if execution from superior or coun- ty court. 243, 4 f'l notice to quit possession of land. 307 of subptena for witnesses. 244 of summons. 242 of warrant for collecting taxes. :245 of warrant or writ of replevin. 244 other forms may be used. 246 Forms of certificates of votes. 187, 8. 193 of certificates relative to scholars and schools. 402, 3 Fornication, how punished. 164 Foriiine-teHers, liable to be commit- ted to work-house. 481 FRAUDS AA-D PERJURIES, how pre- vented. " 246 FRAUDULENT CONVEYANCES, void. 247 Freedom of speech and of the press, secured. 20 Funeral charges, how to be paid, estate is in-oK 212 Gamblers may : be bound to gaod be- havior. -23*> how punished. 168 GAMING, how prevented. 248 contracts void. money lost at, may be recovered back. ib. billiard and E O tables may be de- stroyed. 249 keeping implements of, how punish- hed. ' 168 GAOL, to be kept in each county. 250 expence of, how defrayed. " ib. sheriff to be keeper of. -25 1 liberties of, how established. 252 removal of prisoners from, in case of sickness. 256 to be used under authority of the U- nited States. ib. counties liable for escape from. ib. provision for, when there is none in county. ib. debtors in, how to be supported. 253 not to be confined with criminals. ib. Garnishee- how proceeded against, 237 to (242 Gates on turnpike roads, when to be set open. 471. 473, 4 GENERAL ASSEMBLY, how constitu- ted. 22 stated sessions of. ib. powers of each house of. how to proceed with public bills. 25" adversary petitions to be referred to joint committees. 25o each house of, to make debenture. ib. public acts of, when to take effect, ib. petitions to, regulated. 375 when and how to choose a governor. 25 what officers shall not be members of. 32 oath to be taken by members of. 31 General issue*, when may be pleaded. 42 Goods, lost, how to be proceeded with 439 attached, when to be levied on by execution. 37 exempted from execution. 56 Government, powers of, distributed. 22 GOVERNOR, how elected. 24 term of office. ib. qualifications of. ib. power and duty of. 25, 6 salary of. 387 may appoint a secretary, may appoint notaries public, may administer oaths. ib. captain-general of militia. 25. 335 power and duty of as such. 335 to 255 when may adjourn general assembly. 25 when may appoint senators in con- gress. 191 may require new bonds from sher- iffs. 414 may remove, incase of refusal. ib. may make new appointment. ib. INDEX. GOVERNOR. may take bonds of the treasurer. 462 may fill vacancy in office of com- missioner of school fund, happening during recess of general assembly. 407 in office of sheriff. 28 in office of treasurer, secretary and comptroller. 187 in office of commissioner on turn- pike roads. 471 may offer a reward for making dis- covery and giving information a- gainst capital offenders. 176 GRAND JURORS to he appointed by towns. 259 their duty. ib. penalty for not accepting office. ib. penalty for neglect 01 duty. 260 penalty on towns for neglecting to appoint. ib. may meet to advise. ib. when to be summoned by courts. ib. single, when to present. 26 1 Grand-jury, indictment by, when ne- cessary. n 21 Grist-mills, toll of, regulatedi rJi n 356 Guards, governor's. 354 of new-gate. 357 GUARDIANS, age for choosing of. 262 and how appointed. ib. bonds to be taken of. 263 when and how removed. ib. may be called to account. ib. may make partition of lands. ib. may release mortgages. ib. may sell lands, by order of court. ib. where to apply for order of sale. 264 Guilford borough, incorporated. 97 HABEAS CORPUS, writ of, when and how to be issued. 265 when it may be suspended. 21 Haddam-island ferry, fare of, regulat- ed. 224 Hartford Bunk. 64 Hartford city. 108. 122. 124. 126. 130 Hartford county, stated and named. 135 Hartford and New-Hacen turnpike company, right of to trees, stones, &c. on their road, established. 475 Hau-kf.rs, &c. prohibited to sell for- eign goods. 374 and feathers and indigo. Haywards to be appointed by towns. 457 duty of, to impound swine. 380 Health, board of, how constituted. 419 committee, how appointed. ib. officers, how appointed. ib. duty and power of.iMrte 420 to 427 Hearse, and pall, how to be provided. 404 Heirs, on distribution, to give bonds to refund. 208 Hereditary emoluments, privileges and powers, not to be granted. 22 tiigganumrferry, fare of, regulated. 224 { ten HIGHWAYS to be maintained by towns. 266 towns liable for deficiency of. ib. when railings to be erected on. 267 how to be laid out, by select-men. 268 how to proceed in laying out by couuty court. 269 how to be laid out in cities and bor- oughs. 27-2 how discontinued by select-men. ib. how discontinued by county court. 273 how to be repaired by towns. ib. when county court may give order to repair. encroachment on, prohibited. 362 how removed. ib. H orst-racins:, prohibited. 167 Horses used in racing, forfeited. ib. Horse stealing, how punished. 168 H ouse of representatives, how consti- tuted. 22 officers of. 23 quorum of. ib. to make its own rules. 24 to keep a journal of proceedings. ib. members' of. privileged from arrest, ib. debates of, to be public. ib. to appoint engrossing committee. 258 to make its debenture. ib. Houses, licenced, how regulated. 442 unlicenced, prohibited. 444 *> of correction, how established and regulated. 480 to 482 Hue-and-vy, by whom to be receiv- ed and put forth. 132 IDIOTS, conservators of, how appoint- ed. '271 estate of, how to be managed. -. ib. Idle persons, how taken care of. 276 liable to be committed to work- house. 481 Illegitimate children, how supported. 91 Impeachment, power of. 30 trial of, how conducted. ib. what officers liable to. 31 judgment in cases of. ib. Impounding cattle. 377 Imprisonment, when allowed for ff debt. 36.57//fe for crimes. 172 J Hi-tat, how punished. 163 Incuinbrance on highways, how re- moved. 361 Indentures of apprenticeship* 318 INDIANS, how protected. TK/^jo 278 Indictment by grand-jury, when nr- cessary. 21 when courts shall summon grand- juries. IT.; Indifferent persons, when to serve civ- il process. 35 Infectious diseases, spreading of, how prevented. 419 Informations for offences to be made 500 INDEX. Informations. by grand-jurors and attornies for the state. 261 for breaches of sabbath, how made. 386 Informing officers, duties of, when part of fine, &c. is given to some per- son, i-c. 170 INHABITANTS, how to gain settlements in towns. 279 foreigners, how to gain settlement, ib. of other states, how to gain settle- ment, ib. of one town, how to gain settlement in another. 280 paupers, how to be removed. 281 of other states, how removed. ib. may be warned to depart. ib. penalty for not departing. ib. of other states, not to be entertained in this. 282 paupers not to be brought into this state. ib. Inn-keepers, how appointed and reg- ulated. 442 Inquest, in case of sudden death. 177 I-tis: :ie persons, how to be taken care of. 274 Insolvent estates, how to be settled. 209 3el wer and duty of. ib. assistant, how appointed. ib. ,i!ii' duty of. ib. ''/ R CE, how prevented. 2 297 if] , rate of.* k Mrt3L 476 .. settled. 199 1 lie made out." 202 i to be given. . 42 in fact, when tried hy court. 50 by , 45 /rn.-tors, how to be sued .ire out of state. 39 nints to have account against each other. 34 of courts of probate, of justices of the peace. Jurors to try issues in fact, how to be appointed, how drawn, and-summoned. additional, how summoned, how designated. I V< Us 3> penalty for non attendance, talesmen, how returned, may give in special verdict, to be under charge of an officer, penalty for misconduct, number of, to be appointed in each town. ifat f7 298, 9 Jury, right of trial by, to remain in- violate. 22 Justices of the peace, appointment of. 28. 149 continuance in office. * ib. ib- civil jurisdiction. ^''^JL 30 41. 146 criminal jurisdiction. 147 what offices incompetent to hold. 148 fees of. 391. 395 powers and duties of in particular ca- ses. 34. 39, 40. 52. 53. 91. 134. 147. 163. 166. 172. 177. 179. 182. 190. 200. 228. 235. 2. ;9. 242, 3. 249. 255. 268. 277. 297. 302. 307, 8. 316. 319. 326, 7, 374.381,2. 383.385, 6.391.395.407,8. 410. 416. 425, 6. 434. 444. 445. 469. 470. 479. 482. ' INDEX. 501 Kf-eptr of new-gate prisen, how ap- pointed. 357 power of. ib. of the seal of the state, secretary to be. 27. 408 Kenny s ffrry, fare of, regulated. Key's brook, in Killinsly, fishery in, regulated. 232 Kidnapping, how punished. 153 Killingworth^ borough of, incorporat- ed. 97 Kindred, prohibited to intermarry. 163 to support poor relations. 369 King'sferry, fare of, regulated. LANDS, tenure of. 299 patents of, valid. 301 given to public uses, to remain to such uses 301 limitation to prevent perpetuities. ib. rule in Shelley's case, abolished. ib. collateral warranties, when void. ib. aliens cannot hold ib. deeds of, how to be executed. 302 to be acknowledged ib. caution, when and how to be enter- ed ib. deeds of, to be recorded. ib. leases of, to be in writing 303 to be acknowledged and recorded ib. deeds of, from Indians, void ib. from persons out of possession, void. ib. partition of, how made ib. deeds of, by married women, how executed. 304 executors, power of, to sell. ib. possession of, when recovered by summary process. 307 title of, to be tried in county where situated 41 common and undivided, how man- aged. ttifqrp 304 Lapsed legacy, how disposed of. Lascivious carriage, how punished 164 Laws to be made in support of free suffrage. of other states, how proved 48 of United States, how distributed. 408 of this state, how published and dis- tributed, ib. style of. revised, confirmed. 485 when to take effect. 485, 6 Leases of lands to be in writing, and recorded. 303 LEATHER, tanning of, regulated. 308 manufacture of, regulated ib. penalty for fraudulently stamping of 309 Legacy, lapsed, how disposed of. 199 given to witnesses to wills, void. ib. Legislative pou-er, where vested. Legislature, how constituted. 22 how elected. If!.! how to proceed. 257 Lery of executions, manner of, direct- ed. 55 Lewd and dissolute persons, liable to be commit red to work-house. 48J Libel, in prosecution for, truth may be given in evidence. 20 Liberty of speech and of the press. ib. LIBRARY COMPANIES, incorporated 309 Licence to tanners of leather. 308 to tavern-keepers 442, 3, 4 Licensed houses, regulated. 442 Lien of taxes on lands 456 Lieutenant-general of militia, who shall be. 335 Lieutenant-governor, how chosen. 25 salary of 387 to be president of the senate*. 26 when to exercise powers of govern- nor ib. lieutenant-general of militia. 335 LIMITATION^ of entry upon lands. 309 not to AJqJfc^tinst Indians. 279 of actions upon specialties. 310 on simple contracts ib. of trespass on the case. ib. of express contracts, not in writ- ing 311 of slander. ib. of trespass ib. on penal statutes. ib. against officers for neglect. ib. of writs of error. ib. of petitions for new trial. ib. of time to commence a new action after reversal 311 time of defendants absence not to be computed ib. of scire-facias against garnishee. 241 of granting administration 209 of proving will ib. of exhibiting claims against the es- tate of deceased persons. 203 210 saving for creditors out of the state 203, 4 of exhibiting claims accruing after debtor's decease. 204 of suits to recover claims disallow- ed by executor or Administrator. ib. of suits by judgment creditor against bail or surety 63 of suits to recover the amount of a counterfeit bill or note 134, 5 of suits to recover money lost at play. 248 of suits for maintenance of bastard child 93 of prosecution for treason, and new- gate offences :;11,12 for other offences 312 of complaint or action for forcible entry or detainer. 236 of prosecutions for breach of law regulating pounds. 380 1 INDEX. ^IMITATION. for breach of law for observance of the sabbath. 386 of process against horse used in rac- mg. 167 not to run in favor of persons fleeing from justice. 312 in favor of master or guard of new- gate. 360 Limits of gaol, how established. 252 Lines of loicns, when to be perambu- lated. 95 Litchfield county, stated and named. 136 Logs, how to proceed with, in Con- necticut river, &c. 468 LORD'S DAY, observance of. 385-7 Lost goods, IIOAV to proceed with. 439 Lotteries, prohibited. . 166 Lumber, how to proceed with, on Con- necticut river, &c. W.', Lunatics, how to be taken care of. 274 when to be confined i M|f 4^7 2~ 5 Maintenance of paupers, by towns. 369 by the state. 371 of unlawful suits, prohibited. 312 Magazines, public, destruction of. pun- ished. 153 MANDAMUS, writ of, when to be grant- ed 314 peremptory, when to issue. ib. power of court, on return of. ib. Manslaughter, how punished. 151 MANUFACTURING COMPANIES, priv- ilege of JbdiuZft'*- fh 316 MARRIAGE, intention of, how to be published. 316 who mayjoin persons in. ib. penalty for joining in, without publica- tion. 317 without consent of parents, &c. ib. certificate of, to be lodged with town- clerk. ib. penalty for neglect, ib. Master of new-gate prison, how ap- pointed. 357 power and duty of. ib. of work-house, how appointed. 480 power and duty of. ib. MASTERS, how apprentices shall be bound to 318 how to proceed with refractory ap- prentices 319 how to bring back runaway appren- tices. ib. abusing apprentices, how proceed- ed against ib. to instruct children in manufacto- ries ^20 Masters of vessels, penalty on, for ex- porting articles not inspected, &c. of work-housf'p, duties of to account semi- annually. 481 Masts, when to be taken up in Con- necticut river. 469 293 4HO Mayhem, how punished. 151 MEASURES and WEIGHTS, regulated. .477 MEDICAL society, incorporated jW**:522 ? convention. ib. " institution of Yale-College. 323,4 l Meeting-houses, how to be built. 434 MEETINGS, disturbance of, how pun- ished. 326 order in, how preserved. ib. questions in, to be decided by major vote. 327 Meetings, religious, in the field, li- quors not to be sold within two - miles of. 327 penalty for breach of the law ib. duty of informing officers. ib. MEMORIALS io the general assembly /7^f7V 375 M iddle-H addam-land ing ferry, fare of. 224 regulated Middlesex county, stated and named 136 MiddletoicH bank, incorporated. 71 ' city e*C ftrry, fare of, regulated 224 horse-boat may be kept at. 222 Mile-stones, penalty for defacing. 467 MILITIA, of whom t9 consist. 328 how enrolled. r^4^ ib. how armed., f fa . ib. exempts /*** .y* .4ty4f>, 329 how arranged and officered. 2 ftt-46f ib. colors and music, how furnished. 330 adjutant-general, his duty. ib. how to make returns. 332 rules of discipline. ~ 331 officers, how to take rank.i/g/^/^ ib. brigade -inspector, duty of ib. of this state, of whom composed. 332 exempts. fw. ib. how enrolled. 333 minors, how enrolled. ib. organization of-jTr-C <"f r 334 how officered. zW 6 r*- ib. companies, when to be enlisted. 335 officers, how appointed. ib. adjutant-general, how appointed. 336 quarter-master-general, how ap- pointed. ib. commissary-general, how appoint- ed. 337 how armed. 338 uniform of. ib. exercise of. ib. review of. 339 inspection of. 340 warningof. ib. enrolment of. ib. divisions and brigades, review of. 341 prohibited firing, except by order. ib. disorders of, how punished. music to assemble for instruction. ib. ilnes for non-appearance and defi- ciencies. ib. how fines are to be imposed. how appeals may be made ib INDEX. 50.3 MILITIA. warrants to collect fines. 344 fines, how disposed of. ib. soldiers unable to equip themselves, how equipped. 345 Quakers, be sold. 264 M i.sprision of treason, how punished. 151 M iiiinttis to commit principal on ap- . plication of bailor t fctsv 64 Moderators of meetings, how appoint- ed. 326 power to preserve order. ib. to have casting vote. 327 Mountebanks, &c. how punished. 169 Murder, how punished. 151 Nachaug river, fishery in, regulated. 231 NEW-GATE PRISON, established. 357 overseers of, how appointed. H^/un***^ ib. ' master of, how appointed. ib. duty and power of. ib. to render his account. ib. duty and power of overseers of. 357, 8 to settle accounts annually. 358 to make rules. ib. when to discharge or retain prison- ers for costs. 359 escape of prisoners from, how pun- may be used as a prison^y the United States. b^^Mt^ ib. keeper and guard of, protected from arrest, ta^*^ Jg" ib. New- Haven Bank. / 69 City. L >-. .C rfz-.fff !Q8 County, stated and named. 135 New-London Bank., 78 'Ofy.'tMf ]**** 109 County, stated and named. 136 ferry, fare of, regulated. 224 horse- boat may be kept at. 223 0. New trials, when granted, at law. in equity. 197 Night season, trespasses committed in, how prosecuted. Night-walkers, liable to be committed to work-house. Nonsuit, when it may be made. Norwich Bank. * Notaries public, how appointed. NOTES PROMISSORY, when negotia- ble. 470 481 40 73 109 259 360 Notice, to quit possession of land, form of. 307 NUISANCES in highways defined. 361 how punished, i faff.**, ib! how removed. -.fa<+t. t /./ ffo ib. in rivers, defined. ' 362 how punished. ib. how removed. ib. by obstructing navigation, how punished. 363 in Connecticut river, how punished, ib. OATH, form of, for aldermen. 1 1 !i appraisers of deceased persons' es- tates. 366 appraisers of land on execution. ib. arbitrators. 368 assessors of taxes. 366 attornies. ib. auditors in account and book-debt. 368 auditors of state account!:. ib. bailiffs of boroughs. 103. 364 \ 504 INDEX. OATH. board of relief and equalization, members of. 366 burgesses of boroughs. 102 chainmen. 367 clerks of boroughs. 102, 3 clerks of cities. 118, 9 clerks of city courts. 114.365 clerks of civil authority. 436 clerks of county courts. 365 clerks of probate. ib. clerks of proprietors of common and undivided land. 305 clerks of representatives, house of. 368 clerks of societies,, 366 clerks of senate. % M 1UO 368 clerks of superior court. 365 clerks of towns. ib. commissioners on the estates of in- solvent debtors. 283 commissioners on the estates of in- solvent persons deceased. 368 commissioners of sewers. 366 committees in chancery. 368 committees to lay out highways. 269. 367 common council men. comptroller, constables, county surveyors, courts-martial, members of distributors of estates. electors. examiners of electors, executive officers, fence -viewers. OATH. town-treasurers, treasurer of the state, tything-men. voir dire. 366- 364 366 368 102 365 118 364 364 367 351 367 363, 4 364 31 366 gangers. ib. general assembly, members of. 3 1 grand-jurors. 366 grand-jurors empanneled in court. 364 haywards. 366 inspectors of provisions. 36t>. lO.j judge-advocates. 352 judicial officers. 31 jurors in civil causes. 364, 5 jurors in criminal causes. 364 jury in forcible entry and detainer. 367 jury to reassess damages on high- ways, ib. jury of inquest. 365 "leather sealers. 366 masters or owners of vessels, as to provisions for exportation. 293 mayors of cities. 118 plaintiff in attachment directed to an indifferent person. 35 poor imprisoned debtors. 254 referees. .368 scavengers. 366 sealers of weights and measures. ib. secretary of state. 364 society treasurers. '366 surveyors of highways. ib. surveyors of provisions. ib. '.M 1+10 wardens of boroughs, witnesses. form of administering, when affirmation may be substi- tuted ib. may be administered by surveyors to chainmen. 442 Observance of Lord's day. 385 Offences, described and punished. 151 to 170 Officers not to draw or fill up writs. 418 shall indorse fees on execution. ib. Ousatonic ricer, fishery in, regulated 228 lumber floating down, how proceed- ed with. 468 Overseers of spendthrifts. 276 of new-gate. 357 of poor. 370 of work -houses, duties of. 480 Oyer of book account. 94 Oysters, fishery of, regulated. 227 Packers, how appointed 286 to give bonds with surety. ib. not to use steel yards and weights unsealed 291 fees of. 297 Pamphlets, obscene, prohibited. 165 Parents, duty of, to educate their children. ' 107 Parties, oath of, admissible in actions of book debt. 93 when may be required in actions of trespass 467. 470 death of, when not to abate writ. 42 may manage their own causes. 141 Partition of lands may be made by guardians. 263 by tenants in common, how to be made. 303 Paukatuck river, fishery in, regulated. 233 PAUPERS, when to be supported by relations. 369 how supported by towns. ib. by the state. , . .3 371 how to be removed/**** 3 **/ fn 281 Peace, breach of, how punished. 162 how preserved. 147 PEDLARS, &c. prohibited to deal in foreign goods. 374 how to be proceeded against, ib. prohibited to deal in feathers and indigo. 375 Perambulation of bounds of towns, when required. 95 Perishable property, ship-wrecked, how disposed of. 483 Perjuri, how punished. 151. 159 subornation of, how punished. 1 ">'-* INDEX. PETrt-iows to the general assembly, regulated. 375 to court of equity, regulated. 196 Petty-chapmen, &c. prohibited te sell foreign goods. PEWS, sales of, how to be made. 376 when exempted from execution. ib. Phoznix Bank, incorporation of. Pleading double, when allowed. 43 Pleadings regulated. Z*v< /j, 42 Poison, administering of, how pun- ished. 152 Political power, source of. 20 Poi/v, how taxed. b&J 448 when exempted. ' ib. Poor, when to be supported by rela- tions. 369 by towns. ib. by the state. how to be removed. 281 select-men, overseers of. 370 Poor debtors, how relieved- 253 Pork, inspection of. Possession, adverse, of lands, for fif- teen years, to bar entry. 309 POST-GUIDES, when and by whom to be erected. 377 penalty for neglect. ib. POUNDS, where, and by who^n, to be erected, and maintained, i r#t S3 377 ' , escape from. o - 380 4 breach of, how punisted.zfct.ro 379 Poundage fees. 380 Practice, rules of, to be made bj su- preme court. 137 county court. 141 Pratt" s ferry, fare of. 225 Presentment for crimes, by whom to be made. 259261 when necessary. 2 1 President of the senate, lieutenant- governor to be. 26 his rights, powers and authority. ib. pro tempore, when to be elected. ib. when he shall administer the gov- ernment. 27 Press, liberty of, not to be restrained. 20 Prisoner, how to. be supported in gaoLJn" *fc *M 9%- 252 for debt, not to be confined with criminals. 253 entitled to liberties of prison, poor, how to be relieved. 253 in work-houses, escaping, how pun- ished. 480, 1 expense of supporting, how defray- ed. 481 Privilege from arrest, when allowed. 24 Privileged debts, what. 212 Priority of debts r when allowed to the state. ib. Private ways, how laid out.jJUi/ 271 Probate courts, constituted. ifW_ YV 143 districts established, t'' f ~ '" ' Process, to whom to be directed. 35 when may be directed to indifferent person. ib. summary, to recover possession of lands and houses. 307 Proclamation to be read to rioters. 384 Profane su-eartng, prohibited. 165 PROHIBITION, rule to shew cause, when to be granted. 314 mode of trial. 315 writ of, when to issue. ib. disobedience of, how punished. ih. Promises, when lo be in writing. 246, 7 Promissory note.*, when negotiable. 360 Proof necessary to convict of treason. 31 necessary to convict of any capital offence. 173 of importing convicts. 133 of secret assault. 408 in certain actions of trespass. 467 in prosecutions for damage done in the night season. 470 against owner of enclosure for en- croachment on highway. 362 relative to infection of small-pox. 425 Property, private, not to be taken for public use, without compensation. 21 Proprietors of common lands, how to manage. 30 Prosecution for crimes, limitation of. 311. (312 qui tarn, limitation of. 311 bond for. 35.55.309.245 not to exonerate special bail. 63 new, when to be given. 40 Prostitutes, common, liable to be com- mitted to work-house. 481 Q/ PROVISIONS, inspection of. 286 to 297" 1 && Public worship, disturbance of, pun- ished. 386. Publishment of intention of marriage. 316 Puppct-sheu'9, exhibition of, prohibit- ed. 169 Quakers, how excused from military duty. 345 Qualifications of electors. 28, 9 Quarantine, how to be assigned. 421 Quartering of soldiers in time ofpeace. 22 Quinebaug river, fishery in, regulated. 2SO Quorum of each house of assembly. 23 in meetings of corporation of Yale- College. 484 Quo WARRANTO, writ of, when and how to be granted. 315 how to be proceeded with. ib. Railings to be erected on roads and bridges. 267 damages for defect of, how paid. ib, on turnpike roads. 471 Rams, how restrained. 413 Rape, how punished. 152 attempt to commit, how punished, ib. Receipts, and expenditures of Yale- College., annual account of. 484 / / f . -*- '/ INDEX. R err/j C r of stolen goods, how punished. 159 J Ln-ord of revised statutes, what shall he. 485 RKCOKDS of justices of the peace, how preserved. 381 public, to be kept by secretary. 27. 408 proof of. 48 Rigi'slcr, or town-clerk, to record votes of towns. 459 to record births, deaths, &c. ib. deeds of lands, &c. 459. 460. Ri-tations. of poor persons, when bound to maintain them. 369 Religion, duty and right of all men in relation to. 29 Religious worship, free to all persons. 20 duty and right of. 2>X <* *4 29 disturbance of, prohibited. 386 Remanding of actions, when to be directed. 52 Removal of paupers, how to be order- ed. 281 of inhabitants of other states. ib. Repairs and improvements on turn- pike roads. 47 1 RKFLEVIA*, writs of, when to be grant- ed. 382 bonds for prosecution, what, to be given ib. mode of proceeding'. ib. of goods attached, how to proceed in. 383 of stock of incorporated companies, ib. of ^oods attached by stranger to the suit. 383,4. Reporter of judicial decisions, appoint- ment of. * 138 salary of. 388 Representatives, house of, constituted. 23 officers of. ib. members of, how elected. 186 majority of, to be a quorum. 23 power of 24 to keep a journal. ib. when yeas and nays of, to betaken, ib. Reprieve, when, and for what time, may he granted by governor. 26 Rescue of cattle driving to pound, how punished. 379 Resistance of officers, how punished. 160 Reversal of judgments, how to pro- ceed in cases of. 54 Revised statutes, confirmed. 485 Tecord of. ib. when to take effect. ib. Revocation of wills, how to be made. 200 Rt.rurd. See Compensation. Rights, declaration of. 20, 1,2 RIOTS, how to be suppressed. how punished 161 Rivers, obstruction of, how prevented. 362 Robbery, how punished. 154 Rocky-kill ferru, fare of. 225 'Rule in Shelley 1 * ease, abrogated. 301 Rules af practice to be established by supreme court. 137 by county courts. 141 SABBATH, or LORD'S DAY, ,secular bu- siness prohibited on. 585 diversions, prohibited. ib. meeting in companies, prohibited. 38ft limitation of prosecutions for breach, ih. civil process void, when served on. ib. disturbance of public worship, pun- ished. ib. duty of ty thing-men, grand-jurors, &c. in relation to. ib. proprietors and drivers of stages. &c. not to carry passengers. 387 persons keeping seventh day, not li- able to penalties for breach of. ib. Sales at public auction, duties on. 60 of real estate of deceased person to pay debts. 205.211 of lands to pay taxes. 455 of minors' lands, by guardians. 264 SALARIES of the officers of govern- ment. ?kWL 387, S See Compensation. Fees. Salvage of ship- wrecked property. 482, 3 Sat/brook ferry, regulated. 223 fare of. 224 Scanticferry, fare of. 226 Scavengers, commission of. 409 Scire-fadas, writ of, may be by at- tachment. 37 when may issue against executor or administrator. 42 against bail. 63 against select-men. 271 Scholars, enumeration of. 402 expense of instructing. 404 @ SCHOOLS, provisions for the support S91t of. 396 to 407 visitors of. 400 of a higher order, institution and objects of. ib. School districts, establishment of. 398 general powers of. z h4f#$i 399 calling and warning meetings of. 400 incorporated, dissolution or altera- tion of. 398 annexation to other districts. ib. School-fund, made permanent and ap- propriated 30 interest of, to be paid to the state- treasurer. 401. 406 dividends, apportionment of. 402 *-i i duties of commissioner ofcVrMOS, 6, 7 vacancy in his office, during recess of general assembly, how filled. 407 School-houses, building and repair- ing of. 397 fixing site of. 398, 9. 40fr School-masters, examination and ap- probation of. 400 School money, misapplied, to be for- feited. 404 i It* iJS T DEX. 0.0: ScJiool money. making false certificate ibr draw- ing, penalty for. ib. School societies, dehorn ieTOHsi'sl. 3.96 annual meeting of. ib. o timers of. 397 funds of, to be taken care of, by the committee. 401 power of, in relation to burials, &c. 404 Sealers of weights and measures, duties of. 479 Seal of the state, to be kept bv the sec- retary. 27. 408 Seals of the several courts. 1 46 Search-warrant, issuing of. 21 Secession from a society or denomina- tion of Christians. 30 SECRETARY OF STATE, election of. 27. 186 oath of. 364 vacancy in office of, how supplied. 1 37 general powers and duties of. 27. 408, 9 to be keeper of the seal. 27. 408 <^- highways, to cause the public acts to be print- fl8 * ?** may dividi Select-men. duty of, to settle the accounts of towns. 458 to draw orders for payment of debts, ih. to report to town account of expen- ditures. il'. to assess inhabitants when towns neglect. -I"*.' 1 to be overseers of the poor, and their duty. 370 480 ed, published and distributed. 258. 408 rule of distribution. 408, 9 to publish abstracts from comptrol- ler's report. 409 to make return to adjutant-gene- ral of general and field officers, dis- charged or appointed. 356 rotes to be returned to. 23. 24. 186. (191,2 to assist in canvassing votes. 23. 25. 27. 191,2 to transmit to town-clerks blank forms for the return of votes. 189 to give notice to persons chosen senators of this state. 186 to give notice to persons chosen senators and representatives in con- gress. 192 to present public acts to the gover- nor. 258 to attest commissions. 26 when to convene the senate. 27 authorized, to give certified copies of records of supreme court of er- rors remaining in his office. 137 to certify revised statutes. 485 salary of 388 fees of. 391 may not be a member of the gene- ral assembly. 32 Secretary's office, record of court-mar- tial to be deposited in. 354 petitions and memorials to be re- turned to, within what time. 375,6 SECRET ASSAULT, provisions for the detection and punishment of. 407, 8 Selderfs cove, fishery in, regulated. 231 creek, in Li/me, fishery in, regulated. 233 (Select-men. t-> be appointed by towns. 31. 457 to be overseers of work-houses, when may remove foreigners to towns where they last resided. 372 to exhibit accounts to comp- troller for support^ of slate paupers, when may prosecute for' mainte- nance of bastard children, when may bind out children, to decide on qualifications of elec- tors. 29.19-1 may remove encroachments on 3G2 ide fence between adjoin- 373 92 107 ing proprietors. 21-1 may direct how to make fences when they cannot be made in the line. ib. may lay, out highways or private ways. 268 may discontinue ways laid out by them. 272 may appoint overseers of spend- thrifts. 276 may remove persons not inhabitants of this state. 281 may warn such persons to depart. ib. may, with civil authority, ice. choose jurors. 45 shall erect post-guides. 377 shall erect pounds. ib. power of, to suppress riots. 384 to constitute, with the civil author- ity, board of health. 419 shall erect sign-posts. 4:l~ to receive value of lost goods, when no owner appears. 440 power of, to proceed against negli- gent collectors. 452 may, with civil authority, abate taxes. 453 when may appoint collectors. 454 shall provide standard weights and measures for their towns. 478 to socure property wrecked. 482 Senate, of this state, of whom to con- sist. 23 when to be convened to choose a president, pro tempore. 27 Senators in congress, how appointed. 6 in this state, how elected. 23. !" Servants, how bound out. 318 refractory, how punished. 31 f> abused by masters, how relieved. fp?i ?to 3 503 INDEX. Service of writs, how to be made. 36 on communities. 131 Set-off, of mutual debts, when to be made. 43, 4 Settlement of inhabitants in towns. 279 to (282 of estates. 199 to 212 SEWERS, commission of, when to be granted. 409 FEWI.-VG-SILK, manufacture of, regu- lated. 412 Shires in incorporated companies, how attached. 36 Low sold on execution. 58 SHEEP, owners of, how^nay keep them in n I _**// . It-fit J A-iq 413 ib. ib. 301 27 ib. SICKNESS, spreading of, how pre- vented. 419 to 427 SIGX-POSTS to be erected in each flocks, may not run at large. penalty for neglect. ' a* ib. towns may erect additional.l/^Cy^ ib- i notices on what, to be published. 428 when used by officers out of Iheir precincts. SLAVES, how emancipated. how supported. ib. not to be imported. penalty for exportation of. ib. negro and mulatto children born of, to be free. 428 Slave-trade, prohibited. Small-pox, spreading of, how pre- vented. SOCIETIES, RELIGIOUS, established. 430 how persons may join. 431 meetings of, how to be holden. 433 . may appoint officers. ib. iflay fill vacancies of officers. 435 powers of. 0-f 433 may lay and collect taxes. f APTA* to be marked. rams, how to be restrained. Shelley's case, rule in, abrogated SHERIFFS, how appointed, term of office. may not be members of the general assembly. 32 to give bonds, with surety. 414 to be sworn. ib. bonds, when and how to be renew- ed, ib. to be commissioned. ib. power of. t, fot Itfff *** 41 5 duty of. '' 416 forfeiture for not paying money collected. ib. writs against, to be served fourteen days before court. ib. no appeal in suits on receipts, ex- cept from justice of the peace. ib. may appoint deputies, to be appro- bated by county court. ^'&/j{ lated. number of deputies in each county. ib**k**itailers of, how licensed, deputies to continue after death of. 417 duty on licence for selling, perquisites to be taken from depu- ties, ib. [[17= In sect 13. line 3. for thirty Tead/orfy.] may take no reward for appointing gaolers 417. 8 may depute each other. 418 may not draw writ shall indorse fees on execution?, penalty for indorsing unlawful fees, shall not take more than one securi- ty for an execution, to be removed for taking unlawful fees. 419 deputies removable by county court. ib. refusing to pay money collected, to be removed. " ib. travelling fees allowed to deputy. ib. no appeal in suits on receipts to. ib. Shetucktt river, fishery in, regulated. 230 bt/![!-i 9 /C.V ib. 434 who may be voters in. ib. penalty for unlawful voting. 435 how to provide for public worship, ib. estate of, how to be managed. ib. when in different towns, how to pro- reed, ib. new, how to be formed. 436 Sodomy, how punished. 163 Speaker of the house of representa- tives, how chosen. Special bail, when to be given. 62 Speech, liberty of. 20. 24 SPIRITOCS LiacoRs, selling of, regu- lated. 436 ib. 437 penalty for selling of, without li- cence, ib. duties of state attornies, ix. to pros- ecute, ib. licence, not to authorize any person to sell to be drunk in his own house, ib. act not to extend to tavern-keepers, ib. T -'.OB-DRIVERS, &c. regulation of. 43!) Statidurd of weights and measures, established. 477 Slate attornies. how appointed. 141 duty of, 141. 463 Statement of funds of the state to be published. STATE PAUPERS, how to be supported.371 (to 374 Statutes, public, how passed. 257, 8 when to take effect.. 258 publication of. fW&J rtvised, confirmed. 485 record of. ib. when to take effect, - ib. rr- INDEX. 609 es, pv ted, printed, of other states, legal evi- dence. 48 Slea/ing from the person. loo from the person at a fire. ib. from a building, in the day time. ib. STRAYS AND LOST GOODS, how to proceed with. 439 Stonington borough, incorporated. 96 Sturdy beggars, liable to be commit- ted to work-house. 481 Subornation of iierjury, how punished. 159 Suffrage, free, laws to be made in sup- port of. 29 Summons, form of. 242 Superior court, established. 138 jurisdiction of. ib. special, how to be called. ib. may appoint clerks in each county. 139 assistant clerks, if necessary. ib. may order times of pleading. ib. may adjourn the session. ib. when no judge of, attends, how to proceed. (* ib. times and places of holding.wt/J/ 142 Supreme court of errors, constituted. 136 causes in, when to be tried. 137 clerks of. Q. ib. jurisdiction of. r#i /}/ ib. to assign their circuits. ib. to institute rules of practice. ib. if no judge of, attend, to be adjourn- ed. ib. to assign reasons publicly. 138 to appoint a reporter. ib. Sureties of the peace, when may be required. 147 Surveyor-general, how appointed. 440 shall appoint a deputy in each'coun- ty. ib. duties and powers of. 441 compensation of. ib. SURVEYORS, county, how appointed, ib. power of. ib. compensation of. ib. of highways, how appointed, and duty of. 273 Survivor of ac/ ions, when. 42 Swearing, profane, how punished. 165 Su'itit, not to be suffered to go at large. 381 without the permission of towns. 382 fees for poundage of. 380 Tanners of ka//iw^regulation of. 308 TAVERNS, provisions relating to. 442 to (444 not to be kept without licence. 444 Tavern-keeper/, how licenced and regulated. 2 hi fa 442 not to suffer minors, &c. to sit drink- ing in their houses. r> 443 not to suffer tipling. J fo/ ^J3 ib. not to sell liquors on Lord's day. ib. not to keep implements of gam- bling, or suffer it. ib-. Tavern-k/'pci-s. may be admonished by select-men. 443 licence of, may be revoked. ib. justices of the peace may not be. 148 TAXES, assessment of, how to be madejfe4^**q'!if4 4-1-1 to 450 assessors, how appointed, and their duty. 444 board of relief, how appointed, and their duty. 445 duty of town-clerks to transmit ab- stracts of 'lists tcf comptroller. ib. valuation of property, how to be made. "Q 446 abatement of polls. * hCpt 448 exemption of polls. assessment of professions. ib. exemption of miiysters of the gos- non-residents, how assessea. ib. trustees, how assessed. ib. estate of married women to be set in the list of their husbands. ib. penalty for false lists. ib, omissions, how corrected. ib. board of equalization constituted. ib. power of. 450 lists, when equalized, to be general list of the state. ib, duty of town-clerk relative to al- terations, ib. compensation to assessors. ib. penalty on towns for not appointing them. ib. on assessors refusing to serve. ib. assessment list in each town, to be the rule for taxes. ib. TAXKS, collection of. 451 to 456 duty of treasurer. 451 of the collectors. ib. collectors, how proceeded against, for neglect. ib. how to proceed against select-men, ib. how to proceed against towns. 452 how to proceed against sheriffs. ib. how select-men may proceed against collectors. ib. abatement of, allowed to towns. 45. : how to be made out. ib. towns liable for inhabitants unable to pay. ib. remedy, when estate of select-men, &c. \y taken. il>. town?, and other communities, how to collect. l.v; when and how new collectors may be appointed. o/ / ib. power of collectors. * /^CJ^I 45:> mode of proceeding. ib. fees of collectors. ib. mode of selling lands. i!>. lien on lands. 456 compensation to collectors ol <:ivpe. : ; v .ti r INDEX. Tenants in common, may maintain actions against each other. 34 how to make partition. 303 Testaments, by whom, and how to be made. 199 TESTATE AND INTESTATE ESTATES, settlemeat of. 199 to 21 2 Thames nrer, fishery in, regulated 232 Thanksgiving days, secular business on, forbidden. 386 Theatrical exhibitions^prohibiteA. 169 The//, how punished, \htff9 158 Timber, damages for cutting of. 466 floating down Connecticut river, &c. how to be ta'ken care of. 468 Times and places of holding courts, established. 1425 Tylltin-mi.n, duly of. 386 Tolland couhAfctated and'namedx" 136 Tolls, rates of, on turnpike roads, established. '174 TOWN-CLEUKS, how chosen. 459 duty and power of. 459. See nlo 29. 194.381.439 to record deeds of lands. 459 to keep the books of the town. 460 to return to treasurer name of state collector. ib. TOWNS, number of representatives from. 22, 3 may hold meetings. 457 may appoint officers. may make regulations. 458 may make by-laws to restrain cat- tle, &c. ib. duty of, to lay taxes to defray ex- penses. 459 power of, to enforce collection of taxes. 454 to establish and regulate work- houses. 480 two or more authorized to join in maintaining work-houses. 482 Toirn-wcr.lings, how to be warned and holden. 457 may be adjourned. ib. special, how called. ib. 7;-(i7.to/i, how punished. 151 Treasurer of the stale, how elected. 27. (186 oath of. 364 salary of. .i!'.!J vacancy in office of, how supplied. 187 may not be a member of the gen- eral assembly. to give bond with surety. 462 duty of. 27. 462 accounts . to assist in canvassing votes. 23. 25. ~ Treasurer ofthestalt. to prescribe forms for stating ac- counts of turnpike companies. 475 to report statement of turnpike ac- counts to general assembly. ib. to keep standard weights and measures. 477 to try weights and measures by standards. 4715 Treasurers of counties, duty of. of towns, duty of. 465 of school societies. 397 of school districts. 399 TREASURY DEPARTMENT establish- ed, and regulated. 460 to 465 duty of comptroller. 460 duty of the treasurer of the state. 462 duty of the auditors of public ac- counts, ib. duty of the clerks of the superior and county courts. 463 duty of state attornies. ib. duty of county treasurers. 464 duty of town treasurers. 465 Treble damages, in forcible entry and detainer. ~ -J."H~. for injuring a prisoner. 253 on removing actions on plea of title. 53 for negligent driving of carriages. 438 for carrying away bay-berries. 466 for injury to bridges, &c- 4fi7 for vexatious suits. -177 TffJib rtihie, when forfeited. 158. 'J-". 278. 4iy Trfcs tint? f.tonts <>n Hartford and .\ew-IIaven turnpike road 475 y.s on cutting timber, how proceeded against. 4GC for destroying or carrying ;nv;i\, bay-br-rri( -. ib. by throwing down bars arid fences. 4G7 by setting lire that runs on another's land. ih. mode of proof in such case. ib. by destroying bridges. ib. by destroy ing shell-fish about bridges, ib. by defacing mile-stones and post- guides, ib. when committed in niglit, how pun- ished. 468 committed on land, without color of right. ib. defendant, if unable ^o pay dama- ges, how punished. 1 t&fr<~3 ib. in taking lumber floating down Connecticut and Ousatonic rivers. 46C, ft TRESPASSES, committed in night sea- son, how detected and prevented. 470 Trial of issues in fact, to be by the jury. 4 '- when by the court. 50 Truth may be- given in evidence, in prosecutions for libel?. 21 INDEX. 511 Tumblers, &c. how punished. 169 TURNPIKE ROADS, commissioners on, to be appointed annually. 470 powers and duties of commission- ers. 470, 1 accounts of, to be annually stated and adjusted. avoiding gates on. 473 bridges on, when to he built by the company. ib. rates of toll on, established. iKi'fjz 474 persons exempted from toll on. ib. encroachments on, how removed. 475 Undivided and common lands, how managed. 304-7 Uniform of militia, how established. 355 ffnion bank, incorporation of. 67 United States, oflicers of, may not be members of general assembly- 31 USURY, how restrained. 476 penalty for taking. ib. parties, when examined on oath. ib. Vacancy in office of sheriff. 28 treasurer, secretary and comptrol- ler. 187 overseer. 277 quarter-master-general, commissa- ry-general, and pay-master-gene- ral. 338 commissioner of the school-fund. 407 society officers. 435 town-officers. 458 commissioners on turnpike roads. 471 ^fellows of Yale- College. 484 Vaccination, general, provision for. 427 Vagabonds and vagrants liable to be committed to work-house. 481 Value, treble, when forfeited. 158. 249. (278. 418. Verdict, special, when may be given by the jury. 49 Vessels, destroying of, with intent to defraud, how punished. Vessels, wrecked, how secured. 482 Vested rights, saving of, in revised statutes. 485 VEXATIOUS SUITS, how prevented. 477 Visitors of schools, how appointed. 400 duty of. ib. board of, to superintend instruction of children in manufacturing estab- lishments-. 320 Voir-dire oath, form of. 368 Voters, who may be, in town-meet- ings. 457 in society meetings. 434 Warner's ferry, fare of. 224 Warrant to search or seize. 21 of execution. 175 for collecting taxes, form of. 245 to apprehend persons charged with secret assault. 407 with offences punishable by CQIH- TnitTnent to work-hou*p. 482 Water-courses in highways, how open- ed. 273 f WEIGHTS AND MEASURES, to be r'l't rv kept by the state treasurer, as stan- dards. 477 by the several county treasurers. 478 by the select-men, for the use of their respective towns. ib. duty of sealers of. 47y not sealed, the use of, prohibited. ib. standard measures for charcoal, ; ./W - f?-/ fruits, vegetables and shell-fish. ib. Whipping, when to be inflicted. 159. 281. (282. 357. Widow, dower oi\ 180,1 to keep estate in repair. 181 to give notice of her refusal to ac- cept provision in a will. ib. Wilful desertion, cause of divorce. 178 WMiinantic river, fishery in, regulated. 231 Wills, who can make. 199 mus,t be in writing. ib. how to be witnessed. 1 ib. how revoked. * 200 how proved. lh/f/ ib. Windham county, named and stated. 136 Windsor-ferry river, fishery in, regula- ted. 229 Wine measure, standard of. 478 Withdraw of action, when it may be made. 40 Witnesses, in civil causes, how com- pelled to appear, and testify. 46, 7 P/ how compelled to give depositions. 47, 8 ^'^ fees of. 393 in criminal causes, how compelled to appear and testify. 174 fees of. 395 living without the state, compensa- tion to 174 in capital causes, number of neces- sary 173 to wills, may make oath to them out of court. 200 a WORKHOUSES, towns empowered to *~yi i / establish and regulate. 480 duties of overseers of. ib. escape of prisoners from. 480, 1 expence of supporting prisoners in. 481 persons liable to be committed to. 481, (2. 468 warrant to apprehend such per- sons. 482 two or more towns authorized to join in maintaining. ib. Worship, religious, free to all per- sons. 20 disturbance of, prohibited. 386 WRECKS, persons and property be- longing to, how protected, secured and disposed of. 482, 3 Writ of summons.. 3-1 attachment. 34. 5 sr ire -facia?. 37. 42. 63. 271 W liNDEX. HYtt, error. mandamus, prohibition, quo warranto. replevin, habeas corpus. tt'nts, what to contain, how signed, n how served. "L Y~t Vf when to be returned. YALE-COLLEGE, governor, lieuten- 54. J74. 197 ant-governor and six^senjor sena- 314 tors, to be fellows of.l*i>i 6flf 484 ib. vacancies in office of other fellows, 315 how supplied. ib. 382 quorum in meetings of corporation 265 of. ib, 34 annual account of president and fel- ib. lows of. ib. 36 medical institution of. 323, 4, 5 37 Yeas and nays, when to be^ entered 242 on journal. 24. 2$ University of California W REGIONAL LIBRARY FACILITY SOUTHERN REGI 405 Hilgard Avenue, Los Angeles, CA 90024-1388 Return this material to the library from which it was borrowed. 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