PUBLIC ACTS OF THE STATE OF CONNECTICUT, PASSED MAY SESSION, 1839. PUBLISHED AGREEABLY TO A RESOLVE OF THE GENERAL ASSEMBLY, UNDER THE SUPERINTENDENCE OF THE SECRETARY OF SAID STATE. State of eonnectfcut, ss : OFFICE OF THE SECRETARY OF SAID STATE, JUNE, 1839. HARTFORD : PRINTED AT THE COURANT OFFICE. 1839. PUBLIC ACTS. CHAPTER I. An Act providing for the safe keeping of the Arms be- longing to the State of Connecticut. SECT. 1. BE it enacted by the Senate and House of Representatives in General Assembly convened, That it shall be the duty of the commanding officer of any com- Duty of com- pany to which the arms of this State have been distri- "^o'f compa- buted, to place the same in charge of an agent appoint- n' 68 s to the ed or to be by him appointed for keeping the same, and state, that are whenever said arms shall have been used, to cause the distributed,&c. same to be immediately returned to said agent, who shall &"/ thereupon take charge of, thoroughly clean and safely deposite said arms in some secure place ; and said agent shall suffer said arms to be used for company exercise or review only and for any failure, to perform the du- ties imposed by this act, said commanding officer shall be liable, on satisfactory proof of such failure to be de- prived of his commission by the General Assembly ; and such agent shall be paid in the manner provided in the fourth section of the " Act in addition to and alteration of an act entitled an act to authorize the distribution of arms belonging to the State of Connecticut." SECT. 2. It shall be the duty of the selectmen of each Duty of select- town in which said arms are deposited, annually, or as m fi '" towns often as the quarter master general shall direct, to armsare depo- inspect the condition of said arms, and to report to the 8ited - quarter master general any failure of any commanding officer or agent aforesaid, to perform the duties imposed by this act, and the quarter master general is hereby authorized and empowered, if in his opinion it shall ap- pear that the provisions of this act are not complied with, to cause said arms to be returned to the arsenal ; 2013140 BANKS. Duty of justi- an d it shall also be the duty of any justice of the peace, ud f grw^ju! or grand juror, to report to the quarter master general ton to report, a ll violations of this act. SECT. 3. Be itfurtlier enacted. That all laws, incon- sistent herewith, are hereby repealed. Approved June 7th, 1839. WILLIAM W. ELLSWORTH. Confirming CHAPTER II. An Act to Confirm the Doings of Towns and the As- sessors in certain cases. BE it enacted by the Senate and House of Representa- tives in General Assembly convened, That whenever any town in this State, may have appointed its assessors and board of relief at its annual meeting in the month of October, and at said meeting holden by adjournment on a subsequent day in said month, may have filled any va- cancy in the list of said officers, occasioned by death, removal, refusal or incapacity from sickness, or whenev- er the assessors in any town, may have omitted to sign or return an abstract of the assessment list of their re- spective towns, or to lodge the same in the town clerk's office of said town, by the first day of December in each year, the assessment list of said town, shall not for such cause, be adjudged void. And all taxes which have been or shall hereafter be levied and imposed according to said assessment list, may notwithstanding, be levied and collected. Provided, that no claim, which is the subject of any suit or action now pending, shall in any manner be affected by the provisions of this act. Approved June 7th, 1839. WILLIAM W. ELLSWORTH. CHAPTER HI. An Act in alteration of an Act entitled " An Act to es- tablish the Stamford Bank ;" passed May, 1834. SECT. 1 . BE it enacted by the Senate and House of Representatives in General Assembly convened, That the The debts of debts of said corporation, whether by bond, bill or note, the ba "50 s ^ a ^ not at an y t ' me exceed ^^7 P er cent, over and be- be* yond the total amount of the capital stock actually paid BANKS. in, and of the monies deposited in said bank for safe y nd *a * i i ,i i / ^i i ^i c i mount of cap- keeping ; and that so much of the eighth section of said itai paid in and act as provides that such debts shall not exceed the ^^^ for amount of such capital stock and deposits be, and the same hereby is repealed. SECT. 2. If on the failure of said corporation, the debts thereof by bond, bill or note as aforesaid, shall ex- ceed fifty per cent, over and beyond the total amount of the capital stock of said bank actually paid in, and of the monies deposited in said bank for safe keeping at the time when such excess of indebtedness was contracted, then the president, directors and cashier of said corpora- If n failure of tion, who have caused or assented to such excess, shall excess*"^ S ^n- be liable as joint and several debtors to pay the notes and debtedness ex- bills of said corporation of the denomination of one hun- crat. as If dred dollars and under ; and that the 12th section of the ? ai f.~r ho said act of which this is an alteration, except the two provisos, be, and the same is hereby repealed. Approved June 1, 1839. WILLIAM W. ELLSWORTH. CHAPTER IV. An Act in alteration of an Act entitled an Act to incor- porate the Tolland County Bank. SECT. 1. BE it enacted by the Senate and House of Representatives in General Assembly convened, That the last clause in the sixth section of said act, be so amended as to read as follows : The debts of the corporation, whether by bill, bond or note, shall not at any time ex- ceed fifty per cent, over and above the capital stock ac- tually paid in, and the monies deposited in said bank for safe keeping ; and all acts or parts of acts, inconsistent herewith, are hereby repealed. SECT. 2. Be it further enacted, That the provision in said act, requiring the directors of said bank to give bonds, be, and the same is hereby repealed. Approved May 24th, 1839. WILLIAM W. ELLSWORTH. BANKS. CHAPTER V. An Act to incorporate the Plainfield Savings Bank. SECT. 1. BE it enacted by the Senate and House of The Plainfield Representatives in General Assembly convened, That 111 ' Arnold Fenner, Erastus Lester, Sessions Lester, William A. Lester, Isaac K. Cutler, Jeremiah S. Webb, Ira Hyde, Nathaniel Frinck, Allen Harris, Abel Kennedy, William P. Darbe, Daniel Wheeler, Daniel Wheeler, jr., Joseph S. Gladding, William Storrs, George Kenyon, John Dun- lap, Morey Burgess, Sanford Boyden, Lyman Spalding, Gardner Rouse, Henry Douglass, Samuel Humes, John Wheeler, Jesse H. Medbury and William Dyer, be, and they are hereby incorporated by the name and style of the Plainfield Savings Bank, and that they and such others as shall be duly elected members of said corpora- tion, shall be and remain a body politic and corporate, by the name and style aforesaid. Amount to be SECT. 2. Said corporation shall be capable of receiv- receiyed of one J n g from any person or persons, any deposite or depos- n^more'inany i tes of money not exceeding two hundred dollars, either one year. directly or indirectly, from any individual in any one year, and to use and improve the same at their discre- tion, as hereinafter provided. Toioanmoney SECT. 3. All deposites of money received by said on mortgage of corporation, shall be used and improved to the best advan- ate ' c * tage, by loaning the same, by order or consent of a ma- jority of the directors, on mortgage of real estate or other The funds how undoubted security, and in a manner not inconsistent vested, &c. with the laws of this State ; and the funds of said corpo- ration may be vested by purchase in bank stock in any bank in this State ; or in the State of Rhode Island, or any other public stock of any State, or of the United States ; and said society may dispose of the same, from time to time, to such an amount as will meet the demand for deposites ; and the income or profits thereof, shall be applied and divided among the persons making the de- posites, their executors or administrators, in just propor- tions, with such reasonable deduction as may be charge- able thereon, and the principal of such deposite or de- posites, may be withdrawn, by the owner or owners thereof, or by any other person or persons duly author- ized for that purpose, on giving notice of such intention in writing, and lodging the same with the secretary of said corporation, at least four months previous to with- drawing such deposite or deposites. SECT. 4. Said corporation shall at their annual meet- The members ing in June, elect by ballot, any other person or persons, cS^w^ia to be members of said society, in case of any vacancy, so in number, that the members shall not be reduced below twelve in number. SECT. 5. Said corporation may have a common seal, Ma y have , a , J , , common seal, and all deeds, grants, covenants, and agreements, made & c . by any person by their authority and direction, accord- ing to the bye-laws of said society, shall be good and valid ; and said corporation may sue and be sued, may defend, and shall be held to answer by said corporate name. SECT. 6. A meeting of the members of said society When to meet i 11 i 111 i T?I r- i i i f T quorum how shall be held at said Plamfield, in the month of June an- formed to e. nually, and at such other times as they shall judge expe- ^ th ^ ir % dient, and any seven members of said corporation, the annual meet- president, a vice-president, treasurer or secretary being in fr one, shall be a quorum. And said corporation at their annual meeting, shall elect a president, vice-president, five directors, and all other such officers as to them shall appear necessary, which officers shall continue in office one year, and until others are chosen in their room. SECT. 7. No president, vice president or trustee of President, &c. said corporation, shall be entitled to, or receive any compensation compensation for his services, and no member thereof for services, shall be the hirer or borrower, or surety for any hirer or borrower, (of the funds of said corporation,) or any part thereof. SECT. 8. Said corporation shall have the power of To make bye- making bye-laws for the more orderly managing of the laws &0 - business of said corporation, provided the same are not repugnant to the constitution and laws of this State. SECT. 9. Arnold Fenner, Esq. is hereby authorized to Who to call call the first meeting of said corporation, by causing per- [? fim meet ~ sonal notice to be given to the members thereof, of the time and place of holding said meeting, in the month of June, 1839. SECT. 10. It shall be the duty of the president and directors of said corporation, to make annual report of the deposites and dividends declared and made. Provi- ded always, that this act, or any part thereof, may be altered, amended or repealed, at the pleasure of the General Assembly. Approved June 1st, 1839. WILLIAM W. ELLSWORTH. CITIES. CHAPTER VI. An Act in addition to an " Act to Incorporate the City of Bridgeport." Common coun- BE it enacted by the Senate and House of Representa- drai^and ^"- tives in General Assembly convened, That whenever the signatethepia- court of common council of said city, shall judge it con- wfdthTf said ducive to the health of the inhabitants, to open and es- drains, &c. tablish drains in said city, said court of common council may designate the places where such drains shall be opened, and the depth and width and manner of build- ing thereof. And such drains may be opened through lands of individual proprietors, also through public high- T -j . .v ways, and said court of common council may employ Liquidate the . J , 7 , . . . J . r J expense, appor- suitable persons to open such drains, and from time to tion and assess time cleanse and repair the same, and may adjust and the costs, &c. i. i i i /. , . , liquidate the expense thereof; and apportion and assess the same, upon the several proprietors of lands, through which drains are made, and also upon the proprietors of such grounds as are drained thereby, and such assess- ments shall be collected in the same manner and form . as is prescribed in the forty-sixth section of the act to the gS domgs of which this is an addition ; and the same powers are here- the common by granted and same duties enjoined. Provided always, council may .r V 3 - f i n L i i _i i r- apply to the that it any person shall be aggrieved by the doings of next county the common council under this act, he or they, shall court mode of , ., ... ,. / .,1 i \ . service and have the privilege of preferring their complaint to the time, &c. nex t county court in the county of Fairfield against said city, by leaving a copy of such complaint, with the city clerk, at least twelve days before the sitting of said court, and if said court on hearing such complaint, shall be of opinion that any part of such expense so incurred, ought to be borne by said city, said court shall order that said complainant be relieved from the payment of such part, or the whole of such expense, as to them may appear just and equitable ; and if it should appear that such complainant hath actually paid any sum or sums of money, which ought to be refunded, said court may grant execution in favor of such complainant against said city. Approved May 29th, 1839. WILLIAM W. ELLSWORTH. CITIES. CHAPTER VII. An Act altering the limits of the City of Bridgeport. SECT. 1. BE it enacted by the Senate and House of Representatives in General Assembly convened, That from and after the passing of this act, all that part of the pre- sent city of Bridgeport, lying and being upon the east- erly side of Pequonoc river and Bridgeport harbor, shall cease to be, and no longer form a part of the city of Bridgeport, and that the inhabitants dwelling within said part shall thereafter be released from, and no longer sub- ject to the government, laws or regulations of said city. And that all the inhabitants, being electors of this State, dwelling within the original limits of said city, exclusive of the said part hereby set off, shall be and remain a body politic and corporate, by the name of the mayor, alder- men, common council and freemen of the city of Bridge- port, with all the powers, rights, and privileges, now by law conferred on them, so far as the same are consistent with the provisions of this act, and no further. SECT. 2. Whereas, said city of Bridgeport have here- tofore subscribed to the capital stock of the Housatonic rail road company, the sum of one hundred and fifty thousand dollars in the whole ; and to raise money for the payment in part of said stock so subscribed, have caused scrip to be issued, to the amount of one hundred thousand dollars, payable at a future day, and bearing interest; and it is expected that further scrip will be is- sued to raise money for the balance of said subscriptions, Liability of n f i mi i i i those set off Be it further enacted, That the inhabitants residing in f or their ratea- said part hereby set off from said city, shall be, and re- ble share of the *i- i_i / ? i c i i scrip to aid the main liable tor the payment to said city, of their just and rail road, &c. rateable share of said sum so subscribed to said stock, a ? d olhe . r P re - T i ^ V *. tr^nn. ., '.M V10U3 llebts&C. according to the assessment list or lbJ9, together with to be ascertain- the interest which has accrued, or which shall hereafter ed by the com- .' f . nion council, accrue upon their said share, at the same rate of interest &c. duty of payable by said city upon said scrip, at the same times selectmen, and in such proportional sums as said city shall be liable, according to the tenor of said scrip so issued, and to be issued as aforesaid, to pay and redeem the interest and principal thereof, and that the inhabitants of said part so set off as aforesaid, shall also be, and remain liable to pay to said city their just and rateable share, according to the assessment list aforesaid, of all other debts now out- 2 10 CITIES. standing against said city ; and the county court for the county of Fairfield is hereby authorized, upon the application of the common council of said city, within sixty days from the passage of this act, to liquidate and ascertain the sums so to be paid by the said inhabitants residing in said part hereby set off, and when so liqui- dated and ascertained, the selectmen of the town of Bridgeport for the time being, shall have power, and au- thority is hereby given to them, and they are hereby di- rected to assess the sum to be paid by said inhabitants residing in said part hereby set off, as their proportion of the outstanding debts of said city, exclusive of the debts on account of the subscription to said stock, upon the polls and rateable estate of said inhabitants, and cause a warrant to be issued for the collection thereof, signed by a justice of the peace, and directed to the collector of said city for the time being, who shall proceed with, and collect said tax and pay over the same to the treasurer of said city, in the same manner as though said tax had been laid by said city. And so in like manner, the sums to be paid by said inhabitants as their proportion of the sum subscribed to the stock of said Housatonic rail road company, and the interest thereon, may be assessed upon the polls and rateable estate, and from time to time collected of said inhabitants as the same shall become payable, according to the provisions of this act : and the sums so to be assessed and collected as aforesaid of said inhabitants, shall be assessed upon the assessment lists last perfected before such assessment shall be made. SECT. 3. Be it further enacted, That the fire engine fndViM^^b 8 nouse rece ntly erected by said city, and the three fire whom^wnecl engines hitherto owned by said city, and the stock so ~dd h W di subscribed by said city in the Housatonic rail road com- pany, shall belong to, and be owned by said city, and said inhabitants residing in the part hereby set off, in proportion to the amount of their assessment lists of 1839, and upon the application of either party, the county court for the county of Fairfield is hereby author- ized, and fully empowered to divide said property be- tween the said parties accordingly. East Bridge- SECT. 4. For the purpose of holding, managing and portincorpora- disposing of said property, said inhabitants residing and d-po* >f -po* > to reside jn lhe gaid part go nereby get off> are nere by made and constituted a body politic and corporate, by the name of East Bridgeport, with power by that name to sue and be sued, plead and be impleaded, defend and be defended in any court of record or elsewhere, and to CITIES. 11 appoint such agents and officers, and adopt such regula- tions, acts and bye-laws, as they shall deem necessary for the management and disposition of said property, or any part thereof. SECT. 5. The first meeting of said corporation may The first meet- be called by either two of the selectmen of the town of e d g and^proceel Bridgeport, they causing notice of the time and place of ded with, holding such meeting to be published at least two weeks previous thereto, in some public newspaper printed in said city of Bridgeport, and at which said meeting, the first or senior selectman of said town, present at such meeting, shall preside, and no person shall be permitted to vote at said meeting or any other meeting of said cor- poration, who shall not be legally qualified to vote in town meeting. SECT. 6. Said inhabitants, so residing in said part Appropriation ii /r L 11 i 1-1 i ofincomes,pro- hereby set on, snail be at liberty to appropriate said pro- ceeds, &c. perty or the income or proceeds thereof to the purposes of schooling or any other lawful purpose as they see fit. Approved June 5th, 1839. WILLIAM W. ELLSWORTH. * '.'.*!'' : ;''' " '. ; ' ' * > ? .,(."''' ; ' *.''.* WHEREAS, it appears to this Assembly, that two mistakes have intervened in an act of the present session, enti- tled " an Act altering the limits of the city of Bridge- port," passed at the present session ; and whereas it is the wish of all parties in interest, that said mistakes should be corrected Resolved by this Assembly, That the first of said mistakes be corrected by substituting in the second sec- tion, the figures 1838 for 1839, and by substituting in the same section, the word ninety for the word sixty, and that this resolution be regarded as a part of said act. CHAPTER VIII. An Act in addition to an Act entitled " An Act to se- cure the City of Hartford from damage by fire." Passed May, 1 799. SECT. 1. BE it enacted by the Senate and House of Materials of Representatives in General Assembly convened, That all buildings which shall be hereafter erected in the city of buildings erec- Hartford, within the fire limits, so called, to be warmed her c 'tf 'of or heated by a chimney, fire-place, stove or pipe or any Hartford shall fire heat, or to be used for curing or drying any provis- 12 CITIES. wewere ions or other articles, by means of fire, shall have their fire or fire heat outer walls composed entirely of brick or stone, and mor- ^? ^ ^ in tar ? an d all additions that may be made to any building said buildings ' , , , . " , r i i & c . already erected, or that may be hereafter erected within said limits, to be warmed, heated or used as aforesaid, shall have their outer walls composed entirely of brick or stone, and mortar. Provided however, that such buildings may be otherwise constructed, by licence of the court of common council of said city. Penalty for the SECT. 2. Every person who shall erect, add to, or cause to be erected or added to, any building within the aforesaid limits, contrary to the provisions of this act, shall forfeit the same amount, and be liable to be assessed in the same manner as is prescribed by the act to which this is an addition, for violating the provisions of said act. Approved June 1st, 1839. WILLIAM W. ELLSWORTH. CHAPTER IX. An Act in addition to an Act to secure the City of New Haven from Fire. BE it enacted by the Senate and House of Representa- tives in General Assembly convened, That a strip of flats in New Haven harbor, situated within the canal basin, and adjoining the northerly side of the basin wharf, one hundred feet wide, and extending from the east wall at the west gate, through said basin wharf, to the west wall at the east gate, through said wharf, shall be, and the same is hereby exempted from the provisions of the act to which this is an addition. Provided, that this act shall not take effect until the same shall have been approved by the freemen of the city of New Haven, in legal meet- ing assembled. Approved May 25th, 1839. WILLIAM W. ELLSWORTH. CHAPTER X. An Act to amend the Charter of the City of New Haven. BE it enacted by the Senate and House of Representa- tives in General Assembly convened, That it shall be the duty of the clerk of the city of New Haven, to cause all CONSTITUTION. 13 the bye-laws of said city, hereafter enacted, to be pub- lished, as is by law provided ; and to make entries at- tested by him of such publication, and of the publication of the present bye-laws of said city, upon the records thereof; and a certified copy by the clerk of said city, of any such entry, shall be evidence of such publication. Approved May 30th, 1839. WILLIAM W. ELLSWORTH. CHAPTER XI. An Act proposing to the people an Amendment of the Constitution. Whereas, at a General Assembly of the State of Con- necticut, holden at Hartford, on the first Wednesday of May, A. D. 1837, the House of Representatives passed a resolution proposing an amendment to the constitution of this State, which amendment was continued to the session of said Assembly, held at New Haven, on the first Wednesday of May, 1838, and published with the laws of said sesson of 1837 ; and whereas, at the said session of 1838, tw T o thirds of each House of the General As- sembly approved of said amendment in the manner pre- scribed in said constitution, which amendment is in these words, to wit : " Every white male citizen of the United States who shall have resided in this State one year ; attain- ed 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 dollars in this State ; or having been enrolled in the militia, shall have performed military duty therein for the term of one year next preceding the term he shall offer himself for admis- sion ; 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 admission ; and shall sustain a good moral character ; shall, on his taking such oath as may be pre- scribed by law, be an elector. Now, therefore, SECT. 1. BE it enacted by the Senate and House of Representatives in General Assembly convened, That the Constables to constables in the several towns in this Stale shall warn ill 6 etch the electors in their respective towns to meet on the first town to meet. Monday in October next, at 9 o'clock in the morning of Monday of o? said day, for the purpose of signifying as hereinafter pro- tobemext, at 9 14 CONSTITUTION. o'clock, A. M., vided, their approbation or disapprobation of the propo- disapprovesaid sed amendment ; which meeting shall be held at the amendment. sam e places, and the same notice thereof shall be given, ceT'how ap- as is provided in the first section of an act entitled " an pointed. ac t providing for the appointment of electors of presi- dent and vice-president of the United States ;" and the presiding officer shall be appointed in the manner pre- Who to present scribed in said act. mSt r C the SECT ' 2 " II shaH be the dut y f the town clerk to P re - meetings-duty sent to said meeting, said proposed amendment to the ficeir idmS f constitution ; and after due consideration thereof, the electors present shall be called upon by the presiding officer to bring in to him their respective votes by ballot, regarding said amendment. Those in favor of approving and adopting said amendment, shall give in a ballot with the word " Yes" written thereon ; and those who dis- approve thereof shall give in a ballot with the word How to ap- " No" written thereon ; which said ballot shall be ex- prove or dis- am ined, sorted and counted by the presiding officer, as- approve votes , J , ' to be declared, sisted by the town clerk and selectmen, and the number &c - of each, declared in open meeting by said presiding offi- cer. Duty of the SECT. 3. The presiding officer in said several town presiding ofli- meetings shall under their hands respectively make du- retuni f of vote f P^ cate certificates of the number of votes so given and &c. ' ascertained as aforesaid in favor of approving and adopt- ing said amendment, and also of those disapproving of its adoption, in words at full length, one of which shall be deposited in the office of the town clerk in the town in which such meeting shall be held, and the other within ten days after the day of holding said meeting, shall be delivered, sealed up, to the secretary of this State, or to the sheriff of the county to which such town belongs, and said sheriff shall deliver, or cause it to be delivered to the secretary of this State, within fifteen days after the day of said meeting, which certificates shall be in the form following, to wit : " At a meeting of the electors of the town of legally warned and held on the first Monday of October, 1839, for the purpose of receiving the votes of said elec- tors, upon the adoption of a proposed amendment to the constitution of this State, relating to the admission of electors, there were given in favor of adopting said amendment votes, and against the adoption of the same votes. Certified by A. B. presiding officer. CONSTITUTION. 15 And the superscription of said certificate shall be as follows : " To the secretary of this State Votes of the electors of the town of upon the proposed amendment to the constitution, taken and sealed up by A. B. presiding officer." And the secretary of this State shall transmit, on or before the first Monday in September, 1839, blank forms for the return of votes, to be given pursuant to this act, to the town clerks of the several towns in this State, for the use of said towns. SECT. 4. The votes so returned to the secretary, shall Votes by be counted by the treasurer, secretary, and comptroller, ^.- on or before the first Monday in November, 1839, who, yassedtobede- on or before the fifteenth day of November, 1839, shall jj^Jo_! transmit a certificate under their hands, of the number of ty of the gov- votes so returned, in favor of approving and adopting ernor ' said amendment, and also of the number of votes so re- turned, disapproving of the adoption of the same, to the person administering the government of this State, who within twenty days after the receipt of said certificate, shall issue his proclamation, reciting such certificate, and if it shall appear therefrom, that a majority of said votes are in favor of approving and adopting said amendment, he shall so declare in such proclamation, and that a ma- jority of the electors present at such meetings aforesaid, have approved said amendment, and that the same is valid, to all intents and purposes, as a part of the consti- tution of this State. And if it shall appear from said eertificate, that a majority of said votes are not in favor of approving and adopting said amendment, but are op- posed to the same, he shall so declare in said proclama- tion, and that a majority of the electors present at such meetings, have not approved said amendment ; and said proclamation shall be published in all the newspapers printed in this State, and recorded in the public records thereof. Approved May 29th, 1839. WILLIAM W. ELLSWORTH. 16 COURTS. CHAPTER XII. An Act to repeal an Act entitled " an Act in alteration of an act entitled " an Act for constituting and regu- lating Courts, and for appointing the times and places of holding the same," passed in 1836 ; and for other purposes. SECT. 1. BE it enacted by the Senate and House of R Representatives in General Assembly convened, That so much of said act as directs that the superior court, with- Superior court in and for the county of Middlesex, be holden at Had- to beholden at dam, in said county, on the first Tuesday in September, Haddamonthe . ' , . V i j ..i i 4th Tuesday in be, and the same is hereby repealed ; and that said supe- Aueust. r j or court, shall instead thereof, be holden at Haddam, in said Middlesex county, on the fourth Tuesday in August. SECT. 2. That all causes, matters, and things now pen- ding in the superior court, for said county, may be pro- ceeded with, heard, and determined at the next term of said superior court as herein established, in the same manner as if the time of holding said court had not been altered. Approved, May 31st, 1839. WILLIAM W. ELLSWORTH. CHAPTER XIII. An Act concerning the County Court. SECT. 1. BE it enacted by the Senate and House of The judge of a Representatives in General Assembly convened, That dSSffto" whenever the judge of the county court shall be disqualifi- set in a cause ed to sit in a cause pending before said court, which is wd d ' ng courn not appealable, his place shall be supplied by the county howto proceed, commissioners, with such justice of the peace of the coun- ty, as they shall select, in which case the first commis- sioner shall preside, and if either of the commissioners court^S s . ha11 be . dis q ua 'fied to sit in a cause, or perform any du- sionere are di*. ties, which would otherwise be by law within his juris- SrSftoJ " Action, his place shall be filled by such justice of the peace cause how to in said county, as the judge of the county court shall se- proceedinsuch j ect . ^d if the judge of the county court and one of the commissioners are thus disqualified, their places shall be DEPOSITIONS. 17 filled by the other commissioner, with such justices of the peace of the county as he shall select, in which case the said commissioner shall preside ; and if the judge of the court and both of the commissioners are thus dis- qualified, the court shall then be constituted of three justices of the peace of the county, to be selected by the sheriff of the county. SECT. 2. That all acts inconsistent with this act, be, and the same are hereby repealed. Approved June 7th, 1839. WILLIAM W. ELLSWORTH. CHAPTER XIV. An Act in relation to Depositions. SECT. 1. BE it enacted by the Senate and House of Representatives in General Assembly convened, Whenever a commission in any suit depending in any court of the United States, or in any court of any other State of the *" testimony United States, to obtain the testimony of any witness ^aSton residing in this State, to be used in such suit, shall have have issued in issued from the court before which such suit is pending, to proceed!""* on producing the same to a judge of the superior or county courts, a judge of probate, a justice of the peace, or any notary public, and on due proof being made to such officer, that the testimony of any witness residing in this State, is material to the party desiring the same, such officer shall issue a summons to such witness, requiring him to appear before the commissioner named in such commission to testify in such suit. SECT. 2. If any person shall refuse or neglect to ap- ^ witness re- pear before said commissioner, at the time and place p^or to tes mentioned in the summons, or if on his appearance, he fy,J>ow to pro- shall refuse to testify, the said officer, issuing such sum- mons, shall have the same power to cause such witness to attend and testify, as is provided in the forty-sixth section of the act, " entitled an act for the regulation of civil actions." SECT. 3. Any judge of the superior or county courts, Who has P W - or of any court of probate or notary public, in this State, shio^ 6 ^ shall have the same power, and shall proceed in the same compel witnes- manner, to take depositions to be used in any court of this State or of the United States, or of any other State of the United States, and to cause a witness to attend 3 18 CIVIL ACTIONS. and testify in obedience to a summons issued by him, as now is or may be hereafter provided by law, in relation to justices of the peace. Fees of wit- SECT. 4. Any person attending as a witness before any nesses and evi- officer, authorized by law to take depositions, shall re- dence required, ce i ve the same fees as now is, or hereafter shall be pro- vided by law, in relation to witnesses attending before any court in a civil suit, and before any compulsory process shall issue to cause any witness to attend and testify be- fore said officer, it shall appear to the officer taking the deposition, or in the case of a commissioner, to the officer issuing the summons, that such witness has been duly summoned, and the amount of his fees tendered to him, by the officer serving the same. Approved May 22d, 1839. WILLIAM W. ELLSWORTH. cution. CHAPTER XV. An Act in addition to an Act entitled " an Act for the reg- ulation of Civil Actions." BE it enacted by the Senate and House of Representa- tives in General Assembly convened, That any quantity of charcoal, not exceeding twenty-five bushels, any quantity of coal other than charcoal, not exceeding two tons, any quantity of wheat flour, not exceeding two hundred pounds weight; being the property of any one person, having a wife or family, shall be exempted, and not be liable to be taken by attachment, warrant, or exe- cution, for any debt or tax whatever. Approved May 25th, 1839. WILLIAM W. ELLSWORTH. CHAPTER XVI. An Act in addition to and alteration of an Act entitled " an Act to regulate the Election of Senators, and to divide the State into Senatorial Districts for that pur- pose." SECT. 1. BE it enacted by the Senate and House of Representatives in General Assembly convened, That Electors of at the meeting of the electors of the town of East Lyme, when anyhow on the first Monday of April, A. D. 1840, and annually ELECTIONS. 19 thereafter, immediately after the choice of a representa- to vote for re P; . , , J i f. . , . r ,. i resentative and tive in said town, those electors or said town, qualified electors in the to vote in the choice of such representatives, living with- seventh aena- , , i v i 11 i ii j u tonal district m the seventh senatorial district, shall be called upon by duty of presi- the presiding officer in each of such meetings, to bring din s officer, in their ballots for a senator in the General Assembly of this State, next ensuing said election, who at the time of holding such meeting shall belong to and reside in said seventh senatorial district, and each elector present at such meeting, belonging within the limits of said district, and qualified as aforesaid, may thereupon, bring in his ballot for such person as he may choose, to be a senator for said seventh senatorial district, with his name fairly written or printed on a piece of paper. Immediately thereafter, the presiding officer as aforesaid, shall call Electors resi- upon the electors of said town of East Lyme, living Lyme" 1 within within the ninth senatorial district and qualified as afore- th ^ ninth sena- said, to bring in their ballots for a senator in the General to vote for a Assembly of this State, next ensuing said election, who s ^ na , to r. in.said , ^i + /! i i- i i 11 i i i ninth district. at the time or holding such meeting, shall belong to and reside in the said ninth senatorial district, and each elec- tor present at such meeting and belonging within the limits of said district, and qualified as aforesaid, may thereupon bring in his ballot for such person as he shall choose, to be a senator for said ninth senatorial district, with his name fairly written or printed on a piece of pa- per : and the votes so given in, shall be separately re- ceived, counted, returned, canvassed and declared, in the manner now provided by law for the choice of sena- tors. SECT. 2. The presiding officer, in the meetings of the P resid . in g ffi; i r \ * r- T? T in i cerin East electors ot said town ot .Last -Lyme, shall make out the Lyme to make certificate of the votes for senator of the seventh and return of votes . , ,. . _ . for senator m ninth senatorial districts as follows, viz. the 7th and ninth senator i- At a meeting of the electors of the seventh senatorial en in said 8 last district, in the town of East Lyme, legally warned and Lyme-,form of held on the first Monday of April, A. D. the following persons received the number of votes annexed to their respective names, for a senator for the seventh senatorial district. ivy ) Number of votes in words at iNames. \ f u i , ) full length. Also at a meeting of the electors of the ninth senatori- al district, in the town of East Lyme, legally warned and held as aforesaid, the following persons received the 20 ELECTIONS. number of votes annexed to their respective names, for a senator of the ninth senatorial district. TVT ) Number of votes in words at Names ' | full length. Duplicate list of votes for senator of the seventh and ninth senatorial districts. Certified by A. B. presiding officer. SECT. 3. The presiding officer in making out said cer- tificate, to be returned to the secretary of State, shall in- sert the number of votes in words at full length. SECT. 4. The superscription of said certificate to be returned to the secretary of State, shall be as follows : To the Secretary of State Votes of the electors of the town of East Lyme, for senators of the seventh and ninth senatorial districts, taken and sealed up by A. B. presiding officer. SECT. 5. The votes thus returned, shall have the same force and effect as they have been heretofore entitled to, under the provisions of the act to which this is an addi- tion, any law to the contrary notwithstanding. Approved June 5th, 1839. WILLIAM W. ELLSWORTH. CHAPTER XVII. An Act in relation to the Adjournment of Electors Meetings. SECT. 1. BE it enacted by the Senate and House of In owe of foil Representatives in General Assembly convened, That if Hre to elect rep. . . i u / -i li_ ^ * i/r j c resentatives on the electors in any town, shall tail on the first Monday ot da* ^T April" Ap r il> to e ^ ect tne representative or representatives, to said meeting which said town may be by law entitled in the General turned 6 b a( jj Assembly of this State, said meeting of electors may be majority of e- adjourned by a vote of a majority of the electors pres- conT^Monday ent to tne secon d Monday in the same month, at 9 o'clock of said April, in the morning ; but said meeting shall not be a second ward" ' after t ' me adjourned f r tne purpose aforesaid. SECT. 2. The third section of an act, passed in the Repeal. vear J836, entitled "an act in addition to, and in altera- tion of the act, regulating the election of governor, lieu- ELECTIONS. 21 tenant governor, senators, members of the house of rep- resentatives, treasurer and secretary," be, and the same is hereby repealed. Approved, June 5th, 1839. WILLIAM W. ELLSWORTH. CHAPTER XVIII. An Act in alteration of an Act entitled "an Act provi- ding for the Election of Sheriffs by the People." SECT. 1. BE it enacted by the Senate and House of Representatives in General Assembly convened, Whenever j n case of a in the election of sheriff in any county, no person shall fail , ure . *? el ff* , . / i i ir-i 8 sheriff on the have received at the meeting ot the electors on the first first Monday of Mondav in April, a majority of the votes given for sher- A P r) i? the du ~ C lU *u / i *y of canvas- m in the county, the secretary, treasurer, and comptrol- sere to adver- ler shall give public notice of the fact, by publishing the ^ notice of j.r ' J r the facts, and same immediately, with the names or the persons who how a plural- received the votes of the electors, in one or more news- Y f votes * papers, published in the county in which such failure of trial, election shall happen, or if there be no newspaper pub- lished in such county, in one or more newspapers pub- lished in a county adjacent thereto; and thereupon, the electors in such county shall, on the second Monday in May then next, at the same hour and place, in their re- spective towns, proceed to choose a sheriff. And the person who shall have been ascertained on the return and canvass of the votes, and in the revision of the same by the General Assembly, to have received the greatest number of votes, shall hold and exercise the office of sheriff, as provided in the act to which this is an altera- tion. SECT. 2. So much of an act, entitled " an act provi- ding for the election of sheriffs," as is inconsistent with this act, is hereby repealed. Approved June 5th, 1839. WILLIAM W. ELLSWORTH. 22 ELECTIONS. CHAPTER XIX. An Act to provide for the Registration of the Names of Electors. SECT. 1. BE it enacted by the Senate and House of Representatives in General Assembly convened, The town d erk and selectmen of the several towns in this State, tyf- shall at least ten days before the first Monday in April in each year, make out correct alphabetical lists of all the persons qualified to vote for the several officers to be elected at that time, designating by placing in distinct columns or otherwise, the names of the electors author- ized to vote for all said officers, or only a portion of the same, and specifying which officers ; and shall at least ten days before said election, cause such list to be posted upon three or more public places in their respec- tive towns. Town clerk, SECT. 2. The town clerk and selectmen shall be in befin session to session at some convenient place for a reasonable time, examine quail- within four days next preceding the meetings for the fectore 'nLni objects aforesaid, for the purpose of receiving evidence ner of giving of the qualifications of persons claiming a right to vote in ;ice, &c. guc | 1 e i ec ti onSj an d of correcting the list of voters ; and such session shall be held for one hour at least on the day of such election, and before the opening of the meet- ing at the place where said meeting shall be held ; and notice of the time and place of holding the said sessions shall be given by the town clerk and selectmen, upon the list posted up as aforesaid. Provided, that whenever an adjourned meeting of the electors shall be held, in pursuance of the law for the choice of one or more rep- resentatives of the town in the General Assembly, that on the day of each of such adjourned meetings, there shall be a session of at least one hour previous to the opening of the meeting, of the town clerk and selectmen, for the purposes aforesaid ; and such session shall be at the place of holding said meeting. board a f to un- SECT. 3 - If 't shall appear to said board that any per- quaiified elec- son whose name is on said list is not a legally qualified tors, &c. elector, it shall be their duty to erase the name of such person from said list : and it shall be the duty of said board to add to said list the name of any person whom they shall find to be a legally qualified elector, which shall have been omitted in making out the same. ELECTIONS. 23 SECT. 4. If any person shall give a false name, or any Forfeiture for false answer, to the board of town clerk and selectmen, 2 o e ver ' when in session as provided in this act, he shall forfeit the sum of twenty dollars, to be paid into the State treasury. SECT. 5. The moderator of any electors' meeting Moderators du- shall receive the votes of all persons whose names are check' 'electors on the lists of voters as certified by the town clerk and names-checks selectmen, and he shall not receive the vote of any per- bookt^b^iod- son whose name is not on said list ; and the name of ged with town each elector at the time of voting, shall be checked by c the town clerk or one of the selectmen, or by one or more persons appointed by them : and the original list of voters as made out by said board, and the list or lists used on the day of the election, with the marks and checks upon the same, shall be lodged with, and carefully pre- served by, the town clerks of the several towns. SECT. 6. Every legally qualified elector of any town in this State, having resided in the State the time re- XyToTeleS quired by law, shall be authorized to vote in any other tion where & town in the State for governor, lieutenant governor, cers^cenffi^ secretary, treasurer and comptroller ; and any such cates where elector shall be authorized to vote in any town in the s congressional district in which he resides, at any election for a member of congress in said district ; and any such elector shall be authorized to vote in any town in the county in which he resides, at any election for sheriff for said county. Provided, if such elector offers his vote in any other town than the one in which he may lawfully vote for representatives, he shall produce a certificate from the town clerk of the town in which he shall have been admitted an elector, of such his admission. And said town clerk and selectmen, in addition to the sessions prescribed by this act, shall be in session during the time of voting, for the purpose of registering the names of such legally qualified electors only, as reside in other towns than the one in which they offer to vote ; and the certificates required by law to be produced by such electors, shall be placed in the possession of the town clerk, who shall preserve the same. SECT. 7. The town clerk and selectmen shall be sworn Town clerks, to a faithful performance of the duties prescribed in this &CM to ^ , -c -i II *V f . i , sworn penal- act, and it the town clerk, or any member of the board ty for refusing of selectmen, shall, without iust or reasonable cause, to < famd c i v i J f , , . . . punished by refuse or neglect to discharge any or the duties herein fine of $200. prescribed, he shall, on conviction, be subject to a fine of fifty dollars, payable to the treasury of the county where 24 said officer resides, and if either of them shall be guilty of fraud in performing said duties, he shall be liable to a fine of two hundred dollars, payable to the treasury of the State: SECT. 8. All acts and parts of acts inconsistent here- with, are hereby repealed. Approved June 7th, 1839. WILLIAM W. ELLSWORTH. CHAPTER XX. An Act in addition to the Act entitled " an Act for the settlement of Estates, testate, intestate and insolvent." SECT. 1. BE it enacted by the Senate and House of Courts of pro- Representatives in General Assembly convened, That edloTderThe wherever a pecuniary legacy is given by will, and the sale of real es- payment thereof is charged upon the real estate of the testator ; or wherever real estate is devised to be sold and the avails to be paid over to one or more persons, and no provision is made by the will for the sale of such real estate, or no person is designated to sell the same who is alive and capable and willing to act, the court of probate within whose district such will shall have been proved and established, shall have power to order the sale of such real estate, or so much thereof as may be necessary to effectuate the intention of the testator, to- gether with incidental charges. in what ca- SECT. 2. When it is necessary that any real estate of esTate h is r< to r be a d eceas ed person should be sold for the payment of sold to pay debts, and said estate is incumbered by mortgage, and is cuSere? b"y also subject to the widow's dower, the court of probate mortgage, and which has jurisdiction over the estate, may with the ^ - ! consent f the widow, certified in writing, which certifi er, the court of cate shall be recorded in the records of said court, order orderlh^saie, the ? ale of th . e whole equity of redemption, without ex- and upon what cepting the right of dower, and on sale being made, and 3ns> the avails ascertained, said court shall have power to order the value of the widow's interest in the equity of redemption to be deducted from said avails and paid over to her in gross, in lieu of dower therein ; the value of which interest shall be assessed by said court, or by one or more indifferent freeholders, under oath, appoint- ed by said court for that purpose. Approved June 1st, 1839. WILLIAM W. ELLSWORTH. EAST WINDSOR. 25 CHAPTER XXI. An Act in addition to an Act entitled " an Act prescrib- ing the number of Jurymen for each town in this State." BE it enacted by the Senate and House of Representa- 7j 77 7 mi .c ^L c East Lvme to lives in General Assembly convened, Inat the town ot select six jurors East Lyme, in the county of New London, shall be and an , d Ly 6 to . , / V^-.i . i , i select thirteen. is hereby entitled to select six jurymen and no more, in the manner and for the i purposes prescribed in the act regulating civil actions ; and the town of Lyme shall hereafter be entitled to thirteen jurymen and no more. Approved June 3d, 1839. WILLIAM W. ELLSWORTH. CHAPTER XXII. An Act declaring valid the doings of a Town Meeting therein named. WHEREAS the town of East Windsor, hath heretofore designated and determined other places than the sign posts in said town, at which notifications of town meet- ings in said town should be set up ; and whereas, there have been divers omissions in notifications for town meetings in said town, to give notice otherwise than ac- cording to the general provisions of the statute, by post- ing notices on the sign post or sign posts ; therefore BE it. enacted by the Senate and House of Representa- tives in General Assembly convened, That none of the Confirming the doings of the meetings of said town of East Windsor, *? 1 \ f* *I1" heretofore held, whether said doings relate to the ap- East Windsor. pointment of town officers, the granting of taxes, or the transaction of any other business whatever, shall be deemed invalid by the omisions aforesaid, but such meet- ings and all their doings, if in other respects regular and conformable to law, shall, and are hereby declared to be valid. Approved May 20th, 1839. WILLIAM W. ELLSWORTH. 26 FIREMEN'S SOCIETY. CHAPTER XXIII. An Act to incorporate the Firemen's Benevolent Society of the Cky of Hartford. SECT. 1. BE it enacted by the Senate and House of Representatives in General Assembly convened, That Firemen's be- William Hayden, James B. Shultas, James B. Crosby, nevoient socie- Allen S. Stillman, Randolph Stockbridge, Horace Sex- Hartford, c S- ton, Daniel Studley, Henry Benton, 2d. f William H. corporated. Hoadley, Walter Loveland, Thomas J. Scott, John D. Russ, George M. Bartholomew, John Carter, and all others, who are or may be associated with them hereafter, be and they hereby are, with their successors and assigns, made and established a body politic and corporate, by the name, style and title of the firemen's benevolent so- ciety of the city of Hartford, and that they and such oth- ers shall be and remain a body politic and corporate, by the same name, style and title forever. Object of said SECT. 2. Said corporation is formed for the purpose lon ' of aiding such of its members (or the widows and chil- dren of such of its members,) as may stand in need of its assistance, and such other objects connected therewith, as may conduce to the comfort, interest and respecta- bility of the firemen of the city of Hartford. May have a SECT. 3. Said corporation may have a common seal, how m and^nrl wn ich they may change and renew at pleasure ; they chase property may also purchase, hold, possess and enjoy, to them, their f io,daMo8ue succes sors and assigns, any goods and effects, lands and and'besued, tenements, provided that the same shall at no time, exceed the sum of ten thousand dollars, and the same to sell and dispose of at pleasure ; also to sue and be sued, plead and be impleaded, defend and be defended, answer and be answered unto, in any court of record or else- where. Power to hold SECT. 4. Said corporation shall have power to hold JSt'SewSi meet . in g s > appoint all needful officers, to make bye-laws make bye laws, relative to the admission, expulsion, and to the taxing of its members, relative to the meetings of the society, the duties of its officers, and the management and disposition of its property ; and generally to make any bye-laws ne- cessary to carry into effect the objects of the society, not repugnant to the laws of this State, or of the United States. FUNDS, SURPLUS. "27 SECT. 5. This act shall be subject to be altered, amend- ed or repealed, at the pleasure of the General Assembly. Approved June 7th, 1839. WILLIAM W. ELLSWORTH. CHAPTER XXIV. An Act in addition to an Act entitled " an Act accept- ing the Deposite of a portion of the Surplus Funds be- longing the United States ;" providing for the safe keeping thereof, and appropriating the interest accru- ing therefrom for the promotion of Education, and other purposes. SECT. 1. BE it enacted by tJie Senate and House of Representatives in General Assembly convened, That in Providing for a case of the division of any town which has received, or firpius'fundin shall hereafter receive or hold a proportion of the money townsthat shall which hath been or shall be received from the United hereafter. 6 States, by virtue of the act of Congress, entitled " an act to regulate the deposites of the public money," and in case of the division of said money on the securities there- for, betwixt the towns so constituted, it shall be lawful for the treasurer of this State, to deliver up the receipt of such town in his hands, and in lieu thereof, to receive new receipts for the same, of the agents of such towns respectively. And said towns on receiving the said money or securities therefor, shall enjoy the same rights, and be subject to the same liabilities touching the same, as other towns possess, and are subject to, by virtue of the act, to which this is an addition. SECT. 2. That the several towns in this State, and J v ^f s for each of them, which have not received their proportion whichhavenot of the surplus funds belonging to the United States, de- recei ved their A. i I i c* ii ii i proportion of posited with this State, be, and they are hereby authori- the surplus zed and entitled to receive the same, on the terms speci- fu p d ~- to re ' fied in the act to which this is in addition ; and whenever upon the same any town which has not received its said proportion of te f ms which j c j u 11 - T + ^1 r- i n other towns said funds, shall signify to the treasurer of this State, its have received desire to receive the same, on the terms specified in the u - act aforesaid, it shall be the duty of said treasurer, within a reasonable time thereafter, to collect of the person, persons or corporation, to which it may have been loan- ed, under the first section of said act, that proportion of said fund, to which said town may be entitled on the 28 GAOLS AND GAOLERS. terms and according to the provisions and requirements of said act. Treasurer au- SECT. 3. When the money which has been loaned, or whaMcondi ma y hereafter be loaned by the treasurer of this State, tions) to give under the act aforesaid, shall have been received by him, landlTnrartof ^ e * s hereby authorized and empowered to execute re- ged to this lease deeds of any real estate which may have been State, /fee. mortgaged to this State, as security for payment of mon- ies so loaned by him, which release deeds shall discharge all liens created on said real estate, in favor of this State, by the mortgage aforesaid. Howtheagents SECT. 4. That the agent or agents, if the town shall deposite fond' so direct, of the town deposite fund, be, and they are are authorized hereby authorized to loan the money in their hands, be- be] The su P erior court may and shall have au- iu a court of thority as a court of equity, to cause partition to be made equity. of any real estate held by any persons as joint tenants, tenants in common or coparceners; which partition LIENS. 31 shall be recorded in the records of the town or towns in which said lands may be situated. Approved May 29th, 1839. WILLIAM W. ELLSWORTH. CHAPTER XXIX. An Act in addition to an Act entitled " an Act securing to Mechanics a Lien on Land and Buildings," and the Act in addition thereto. SECT. 1. BE it enacted by the Senate and House of Representatives in General Assembly convened, That the Liens on build- lien upon land and buildings, created by the acts to in s s . l whom which this is in addition, be and the same hereby is ex- whl" manner!" tended to the claims of sub-contractors for the perform- ance of labor alone, or for such labor, together with the furnishing of materials, upon any dwelling house, or other building or edifice, hereafter erected or repaired, when- ever the amount of such claim, or claims due any one person or firm, shall equal the sum of fifty dollars, which said lien shall remain and be proceeded with in the man- ner provided in said acts. Provided, that no such claim shall be a lien on such building, except as hereafter provided, unless the agreement made by the sub-con- tractors with the original contractors, shall be in writing, nor unless the proprietor, or the person originally con- tracting for the erection or repairing of any such building or edifice, shall assent in writing to said agreement. SECT. 2. The lien created by this act shall not remain HOW long said on the land and building to which the same shall attach, lie " sh * n ^ for a longer period than sixty days after such building is whattermsand finished or such contract terminated, unless the person requisites, claiming the same, shall lodge with the town clerk of the town in which said building is situated, a notice or cer- tificate in writing, describing the premises and the amount claimed as a lien on the same, which notice when left, shall be recorded by the town clerk with deeds of land. SECT. 3. No lien shall attach to any land and build- Amount of lien ings in favor of any sub-contractor, or sub-contractors, in favor of Sll . c -j . ' i , i ' contractors. If as aforesaid, to a greater amount in the whole, than the more than one amount due to the original contractor. And when there sub-contractor, are several sub-contractors and the amount due to them tioned Pr i? r the from the original contractor or contractors, exceeds the ^f bte f xce 1. d , i j i 11- f i the value of the amount due to said original contractor, the lien or said property piedg- sub-contractors who shall have complied with the pro- ** 32 MILITARY. visions of this act, shall be in proportion to the amount of the debts respectively due to them by the original contractor. SECT. 4. Whenever any contractors for the erection 1 1 u w 10 pro- i tut "i i ceed when con- of any building shall become insolvent, the amount due to sucn contractor for the same, after notice in writing to the person or persons from whom said amount is due, of the insolvency of said contractors, shall be retained as a fund in the hands of such person or persons, subject to the payment of the claims of all persons, entitled to a lien by the provisions of this act, and the superior or county courts in the county in which such building shall be erected or repaired, shall have power, on application of any person interested, to direct the manner in which said claim shall be paid. SECT. 5. The superior and county courts shall have full powers as courts of chancery, to determine all ques- tions arising under this act, and the acts to which this is an addition. Approved June 7th, 1839. WILLIAM W. ELLSWORTH. CHAPTER XXX. An Act to repeal certain Acts therein mentioned. BE it enacted by the Senate and House of Representa- tives in General Assembly convened, That the act enti- tled " an act to authorize the distribution of the arms belonging to the State of Connecticut ;" and the " act in addition to and in alteration of an act entitled " an act to authorize the distribution of the arms belonging to the State of Connecticut," except the fourth section of the last mentioned act, be, and the same are hereby re- pealed. CHAPTER XXXI. An Act in addition to and in alteration of an Act entitled " an Act for forming and conducting the Military force." SECT. 1. BE it enacted by the Senate and House of Representatives in General Assembly convened, That on days of regimental or battalion inspection or review, the companies shall take rank, and be drawn up, in accord- MILITARY. 33 ance with the system of tactics, published by the depart- ment of war, under the authority of an act of Congress, of the second of March 1829, and established bylaw as the system of discipline and field exercise for the militia of this State. SECT. 2. That all acts which are inconsistent with this act, be, and the same are hereby repealed. Approved June 7th, 1839. WILLIAM W. ELLSWORTH. CHAPTER XXXII. An Act in addition to an Act entitled " an Act for form- ing and conducting the Military Force." SECT. 1. Be it enacted by the Senate and House of Rep- resentatives in General Assembly convened, That every free, able-bodied white male citizen of this State, or res- militia, ident therein, who shall be of the age of eighteen and under the age of forty-five years, shall be enrolled in the militia, and every such citizen, although exempt by law from the performance of military duty, shall be enrolled in the standing company of infantry, within whose bounds he may reside, by the commanding officer thereof, and shall be included in the military returns, provided, that nothing herein contained, shall be so con- strued as to render any person subject to military duty, now exempt therefrom by law. SECT. 2. That each captain or commanding officer of Du *y of P- i_ n i r. ,, \_- taina to make a company shall make a return of the state of his com- returns to the pany, comprehending all the men belonging thereto, or commanding j * u 11 i xi j 11 *t officer of the required to be enrolled therein, and all their arms, equip- regiment, &c. ments, and ammunition, to the commanding officer of the onorbeforethe regiment or battalion, on or before the first day of June, nuaiiy. W annually. SECT. 3. That each commanding officer of a regiment Duty of com- or battalion, shall make a return of the state of his regi- Srs 'of regil ment or battalion, to the commanding officer of the brig- m ?. nts and bat - j i f ^i f j r T i 11 i tahons to make ade, on or before the first day of July, annually, and returns to bri- every commanding officer of a brigade shall make out adie 1 r general j r r i_ c L i i - bv the first of duplicate returns of the state of his brigade, one of July, & c . which he shall transmit to the commanding officer of the Duty of brip- division to which he belongs, and the other to the adju- make g returas! tant general, in the month of July, annually. 5 34 MILITABY. If a company SECT 4. When it shall appear to the commanding of- js without com- f. r u ,i r xu . i missioned offi- ficer of a regiment or battalion, that any company within ^ r ' eld l ki comman d i g without a commissioned officer, he shall, for the purpose of obtaining the return of such compa- ny, require in writing, the selectmen of the town or towns in which said company is situated, to make out and return to him, within ten days, a list of the names of all the persons liable by law, to duty or to be enrolled therein. Fines incurred SECT. 5. That the fines and penalties incurred, for for neglecting neglecting to make returns in the manner, and within to make re- , . .. , , , . , ,, . ' ,, ,. turns. the time prescribed by this act, shall be as follows : each captain or commanding officer of a company, who shall neglect to make returns, for each instance of such neglect, ten dollars ; each commanding officer of a regi- ment or battalion, who shall neglect to make returns, for each instance of such neglect, twenty-five dollars ; each commanding officer of a brigade, who shall neglect to make returns, for each instance of such neglect, fifty dol- lars ; every brigade major and inspector, who shall neg- lect to make the returns required of him by law, for each Penalty on se- instance of such neglect, fifty dollars ; the selectmen of ierting n 'to n re- any town neglecting to return a list of the men in any turn a list of company without officers, shall, for each instance of such company w?th* neglect, forfeit and pay, a fine of not more than fifty or out officers. \ ess than ten dollars ; and the burden of proof, shall, in all cases, be on the defendant, which fines and forfeitures are to be prosecuted for by the officer to whom the re- spective returns should be made, in any court of compe- tent jurisdiction, and paid into the treasury of the State. Approved June 7th, 1839. WILLIAM W. ELLSWORTH. CHAPTER XXXIII. An Act in addition to an Act entitled " an Act for form- ing and conducting the Military Force." Quarter mag- SECT. 1. BE it enacted by the Senate and House of retura n th r e a di8- Representatives in General Assembly convened, That the tributed arms quarter master general cause to be returned to the arse- rader 2*5* n3L ^ ^ a * ms distrib uted under the distribution act of 1837 not ac- 1837, which have not been accepted by any company or p t^JS companies entitled to the same, or which are not in use in use o y ocUQ i i company. by said company or companies. MILITARY. 35 SECT. 2. It shall be the duty of any and all persons, Arms loaned to , , . . , . c , % , J .. f ., be returned on who have in violation or law, loaned any portion ot the O r before the public arms, to return the same to the arsenal, on or be- wth July 1839, fore the 20th of July 1839, in as good condition as when taken therefrom, ordinary wear only excepted. SECT. 3. The quarter master general is hereby author- Quartermaster ized to furnish arms to such light infantry and rifle com- general to fur- , -II i msh arms to pany or companies, as have not received the same under certain compa- said distribution act, in such proportion to each company, nies,&c. as he may deem just and proper ; provided the same are furnished from such arms as may hereafter be returned to the arsenal, if a sufficient number should be returned ; and provided bonds, such as he shall approve, are given, for the safe keeping and return of said arms, when re- quired, and in as good condition as when taken, ordinary wear only excepted. SECT. 4. The comptroller of the State is hereby au- n^^jjjj^ thorized and empowered, to draw an order on the trea- anorderonthe surer annually, for the sum of three dollars, for the stor- g^^o/field age of any field piece, in the hands of any artillery com- pieces? &c. C pany, on a certificate of a majority of the selectmen of the town, where such piece is located, that the same has been kept for the year preceding, in a building or enclo- sure devoted exclusively to that purpose, and that no injury has arisen to such field piece, by reason of the improper storage of the same. SECT. 5. That the furnishing of harnesses for artillery Whotofumish companies, be hereafter dispensed with, and the com- artmCTy^eom- manding officers of said companies be authorized and panics, and in empowered to hire harnesses for the use of said compa- v nies, on days of exercise and review, the expense of which shall be paid by an order on the treasurer ; pro- vided in each case, an account of such expense be ap- proved by a majority of the selectmen as aforesaid, and be presented at the time of presenting said storage ac- count. SECT. 6. It shall be the duty of the commanding offi- Duty of com- c ^.,, . J , ,. . manding offi- cers or artillery companies, on days or exercise or re- cers to return view, to cause their pieces to be returned to their re- thei f field ,P ie - *. , - ces to gun hou- spective gun houses with all convenient dispatch, after ses, and clean- said companies shall have been dismissed ; and immedi- "*' &c * ately thereupon, to cause the same to be thoroughly cleaned ; and it shall be the duty of any justice of the peace or grand juror, to report to the quarter master general, all violations of this act. SECT. 7. No field piece in the hands of any artillery %! company, shall be used, except for company exercise or company 36 MILITARY. dae and review re view, unless by written permission of some general or for'damage 1 , * field officer, living in the county in which said field piece ** is located, or by written permission of the majority of the selectmen of the town in which the same is kept ; provided, that when such permission is given by said selectmen, the town in which they reside, shall be liable for the return of the same, in as good condition as when taken, and when such permission is given by a general or field officer, such officer shall incur the same liability. Said field pieces shall remain in the respective towns in which they are now located. has a tw> mp fieid SECT. 8. In all cases where an artillery company is pieces the furnished with two field pieces, and but one is used, either quarter paster f QT com p anv exercise orreview,or when but one is need- general 18 CHI" i i i 1*11 powered to ed, the quarter master general is authorized and empow- returaeTto*the ere( ^ to cause one f sa >d pieces to be returned to the arsenal. arsenal. Approved June 7th, 1839. WILLIAM W. ELLSWORTH. CHAPTER XXXIV. An Act in addition and alteration of " an Act for form- ing and conducting the Military Force of this State." SECT. 1. BE it enacted by the Senate and House of Representatives in General Assembly convened, That warrants tocol- a ^ warrants granted for the collection of military fines, feet military imposed by virtue of the act to which this is an addition, shall be directed to the sheriff of the county, his deputy, or to either of the constables of the town where the de- linquent dwells. SECT - 2 - M fines levied b 7 a military officer, by vir- of military tue of the eighth section of " an act relating to the mili- tia," enacted 1835, shall be collected and appropriated in the same manner as is provided by the twenty-seventh section of the act, to which this is an addition. Repeal SECT. 3. All laws and acts of this State, inconsistent with this act, be, and the same are hereby repealed. Approved May 25th, 1839. WILLIAM W. ELLSWORTH. PROBATES. 37 CHAPTER XXXV. An Act in addition to an Act entitled "an Act providing for the support of State Paupers," and to repeal an Act therein mentioned. SECT. 1. BE it enacted by the Senate and House of Representatives in General Assembly convened, That The ge i ectmen whenever the selectmen in any town in this State, shall of any town, receive notice that any person who is a State pauper, f^ 61 notlce of . . t i / i the sickness and whom it is the duty of the State by law to support, & c . of a pau- is reduced by sickness, or other cause to necessitous cir- P 61 " in . necessl - * . in! i c tons circum- cumstances, it shall be the duty of such selectmen to stances, shall furnish such pauper with the necessary support after frrnish support such notice, and such town shall not be liable for the previous support of such pauper ; and if such selectmen shall immediately after such notice shall have come to their actual knowledge, give notice by mail, or other- wise, to the comptroller of public accounts, such town Iv^notice^to shall be entitled to reimbursement from the State, in the the comptrol- manner, and to the extent provided in the act to which ler ' &c> this is in addition, for the expense which they shall have incurred, after notice to said selectmen as aforesaid. SECT. 2. That all parts of the act to which this is in addition, and all other acts inconsistent herewith, be, and the same are hereby repealed. Approved June 7th, 1839. WILLIA!M w. ELLSWORTH. CHAPTER XXXVI. An Act in addition to an Act entitled " an Act for the regulation of Civil Actions." BE it enacted by the Senate and House of Representa- tives in General Assembly convened, That whenever ei- if the judge of ther of the obligors, or the surviving obligor in an admin- P[ bate ! s "" , , i j i II t .i i > V i f obligor in an istration bond, shall be the judge of probate, m and for administration the district where said bond was given, and be the sue- bond how to cessor of the judge to whom said bond was given, it shall be lawful for any person or persons interested in said bond, and who have a right of action thereon, to bring their said action in the name of the judge of an adjoin- 38 PROBATES. ing probate district, and said judge of said adjoining dis- trict, shall have the same powers and perform the same duties in the premises, and the parties in interest shall have the same rights under him, as he or they would have, if said judge of said adjoining district was the suc- cessor of the judge to whom the said bond was given. Approved May 29th, 1839. WILLIAM W. ELLSWORTH. CHAPTER XXXVII. An Act to constitute the -town of Redding a Probate District. Probate district BE it enacted by the Senate and House of Representa- of Redding, tives in General Assembly convened, That the town of Redding be, and the same is hereby constituted a pro- bate district, by the name of the district of Redding. Provided however, that all matters and business, begun or entered in the court of probate for the district of Dan- bury, shall be completed therein, in the same manner as though this act had not been passed. Approved May 24th, 1839. WILLIAM W. ELLSWORTH. CHAPTER XXXVin. An Act in addition to an Act entitled " an Act for con- stituting and regulating Courts, and for appointing the times and places for holding the same." BE it enacted by the Senate and House of Representa- East Lyme to tives in General Assembly convened, That the town of constitute a East Lyme, in the county of New London, shall belong part of the pro- . i J * , r TVT bate district of to, and constitute a part of the probate district of New New London. London ; Provided, that all matters and business begun or entered in the court of probate for the district of Lyme, shall be completed therein, in the same manner as if this act had not been passed. Approved June 3d, 1839. WILLIAM W. ELLSWORTH. PROBATES. 39 CHAPTER XXXIX. An Act to constitute the town of Gfoton a Probate District. BE it enacted by the Senate and House of Representa- tives in General Assembly convened, That the town of p robatedistrict Groton be, and is hereby constituted a probate district, of Groton. by the name of the district of Groton. Provided however, that all matters and business, begun or entered in the court of probate for the district of Stonington, shall be completed therein, in the same manner as if this act had not been passed. Approved May 25th, 1839. WILLIAM W. ELLSWORTH. CHAPTER XL. An Act in addition to an Act entitled " an Act for con- stituting and regulating Courts, and for appointing the times and places of holding the same." BE it enacted by the Senate and House of Representa- tives in General Assembly convened, That where any Ajudgeofpro- i c . J ,. . , f * bate named as person who is, or may afterwards become judge of pro- executor in a bate, is named as executor in any last will and testament, wil1 . m ?y e *?~ the cognizance of which belongs to such judge of pro- amfhow. Wl ' bate, he may notwithstanding, execute such will ; in which case, the cognizance thereof shall appertain to the judge of probate of an adjoining district, who may by Jaw act, and shall be proceeded with, as in cases where a judge of probate is disqualified to act by reason of in- terest in a deceased person's estate. Approved May 20th, 1839. WILLIAM W. ELLSWORTH. 40 PROVISIONS. CHAPTER XLI. An Act in addition to an Act entitled " an Act for regu- lating Salaries and Fees." BE it enacted by the Senate and House of Representa- v . tives in General Assembly convened. That the salaries and I Of S 111 prOniiii' p '. , i c* 1111 e* courts. fees of the courts of probate in this State, shall be fur- ther established as follows, viz : For each order of notice to settle administration ac- count fifty cents. For each order of notice to a guardian to settle his account fifty cents. For each order to sell land, by authority of the Gene- ral Assembly fifty cents. For an order of notice or decree, removing or appoint- ing a trustee each fifty cents. For taking bond of trustee twenty-five cents. For taking all other bonds whenever necessary each twenty-five cents. For each order of notice to a trustee to settle his ac- count fifty cents. For hearing and adjusting the accounts of a trustee seventy-five cents. Approved June 5th, 1839. WILLIAM W. ELLSWORTH. CHAPTER XLII. An Act in addition to an Act entitled " an Act to regu- late the inspection of Provisions and other articles of Commerce." SECT. 1. BE it enacted by Hie Senate and House of All owners mil- ^ P resenta ^ ves in General Assembly convened, That lew, or m'anu- ev ery owner, miller or manufacturer of flour, which is flo'STthis put Up for - sale ' ? ri t nin tnis State shall cause the initial state.putupfor letters of his Christian name and his surname, at length, mSkbar'rdso? tO be branded . r marked on one head of every barrel half barrels* so and half barrel, in which such flour is put up, in perma- put up. nent and legible characters, and the quantities marked in figures. RAIL KOADS. 41 SECT. 2. That no owner, miller, or manufacturer of flour, shall put up such flour, or cause the same to be put barrel, &c. with up for sale, in any barrel or half barrel, either head of Jk^SLuSd which has been previously branded or marked, and used branded, &c. as the head of a barrel or half barrel of flour destined to market, unless such brands or marks shall have been first erased from such head. SECT. 3. Every person who shall violate the provisions Forfeiture of of either the foregoing sections of this act, shall forfeit f and pay the sum of twenty-five dollars, one half to any person who shall prosecute the same to effect, and the other half to the treasurer of the town, in which such offence is committed. Approved May 25th, 1839. WILLIAM W. ELLSWORTH. CHAPTER XLIH. An Act to aid in the construction of the Housatonic Rail Road. SECT. 1. BE it enacted by the Senate and House of Representatives in General Assembly convened, There TWO commis- shall be annually appointed by the General Assembly, sionere on the . . J A i TT -i 11 Housatomc rail two commissioners on the Housatonic rail road, whose road to be an- duty it shall be, at least once in each year, and oftener if nuaiiy appoin- .,',,,, J i i , , ted their duty they shall deem necessary, to examine the said road, and -their compen- all the books and accounts of said company, and report to sat i n ~J,? c ? n ' ., n , , r " 1-11 cy how filled. the General Assembly annually, the amount which they shall ascertain to have been actually expended by said company in the construction of said road ; and said com- pany shall pay said commissioners a reasonable compen- sation for their services ; and if either of said commis- sioners shall die or resign, or refuse to accept the said ap- pointment, the vacancy so occasioned, shall be filled by the appointment, by the person administering the office of governor, of some person to hold said office of com- missioner, till the rising of the next General Assembly. SECT. 2. Said company are hereby authorized and Empowered to empowered to issue bills or notes of the corporation, j? sue notes .f . r i i , -i , ' the corporation signed by the president, and countersigned by the trea- to be obligatory surer thereof, promising the payment of money to any . n the cor P ra - i L i i i -11 J i ii i tlon assigna- person or order, or bearer, which bills or notes shall be ble, &c. 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 ex- 6 42 RAIL ROADS. change, Provided however, that all bills or notes issued as aforesaid, shall be approved by said commissioners, which approval shall appear on said bills ; and that the whole amount of such bills at any time outstanding against the company, shall never exceed one fourth of the amount which shall at that time have been actually expended by said company in the construction of said rail road. Security to note SECT. 3. The whole stock, franchise, and income of inca^'of re! sa '^ company, and all real estate which now is, or here- fusal or failure after may be owned by said company, and all personal S^^vTto estate which may be owned by said company, at the proceed. time of any failure to pay any such note, shall be, and is hereby declared to be pledged and mortgaged to the commissioners to be appointed by virtue of this act, and to their successors in the said office, as security for the redemption and payment of all notes which shall be is- sued by said company, by virtue of this act ; and in case said company shall, at any time hereafter, on lawful de- mand, during the hours of business, at a place of busi- ness of said company, to be always kept open for that purpose, in the city of Bridgeport, fail to redeem in the lawful money of the United States, any note issued by said company, by virtue of the provisions of this act, ac- cording to the tenor thereof, the holder of such note, mak- ing such demand, may cause the same to be protested for non-payment, by a notary public, in the usual man- ner ; and the said commissioners, on receiving such pro- test, shall forthwith give notice in writing to said com- pany to pay the same, and if said company shall omit to do so for twenty days after such notice, said commission- ers shall immediately thereupon, (unless they shall be sat- isfied that there is good and legal defence against the payment of such note or notes,) give notice in two or more newspapers, printed in this State, that all the notes so issued by said company will be redeemed out of the property pledged in their hands as aforesaid, for the se- curity of the same. And the said commissioners shall thereupon proceed to sell or dispose of (in such manner as they shall judge most for the interest of the holders of such notes,) so much of the stock, or real or personal estate of said company, as shall be necessary to pay and redeem all of the said notes, which shall at that time be outstanding against said company, together with the cost and expense attending such sale, and out of the proceeds of such sale, to pay to the holders of such notes, the amount thereof, with interest from the time of the de- mand, and failure to pay as aforesaid. ROADS AND BRIDGES. 43 SECT. 4. This act shall not take effect in regard to said company, till the stockholders thereof, at a legal meeting called for that purpose, shall have assented to the provisions of the same, and the said act may be at any time altered, amended, or repealed by the General Assembly. Approved May 29th, 1839. WILLIAM W. ELLSWORTH. CHAPTER XLIV. An Act in addition to and in alteration of an Act enti- tled " an Act relating to Highways and Bridges." SECT. 1. Be it enacted by the Senate and House of Rep- resentatives in General Assembly convened, That when- Acting orVeful ever any town shall neglect to construct or build any sing to build a public road or bridge, laid out by the county court, which g]^ {f t it is the duty of said town to construct or build, it shall be by the county the duty of the county court for the county in which said |J t y jJSj road lies, to order the said road or bridge to be construct- such case-also d or built, and to grant a warrant against said town, to state's^attor- collect the sums expended, or the cost of constructing nies & sheriffs or building said road or bridge, in the same manner as is ^ c c now by law provided for the repairing any public road or bridge already constructed ; and it shall be the duty of the State's attornies and the sheriffs of the respective counties, to make complaint of any neglect as aforesaid, which may come to their knowledge. SECT. 2. All acts and parts of acts inconsistent here- with, be and the same are hereby repealed. Approved June 7th, 1839. WILLIAM W. ELLSWORTH. CHAPTER XLV. An Act to repeal the Acts therein mentioned. BE it enacted by the Senate and House of Representa- tives in General Assembly convened, That the act enti- Repeal of the tied "an act to encourage the growth and manufacture bounlyoifsSk. of silk," passed in 1832, and the act in alteration there- to, passed in 1834, be, and the same are hereby repealed. Approved June 7th, 1839. WILLIAM W. ELLSWORTH. 44 SALARIES AND FEES. CHAPTER XLVI. An Act in addition to an Act entitled " an Act for regu- lating Salaries and Fees." SECT. 1. BE it enacted by the Senate and House of Representatives in General Assembly convened, That no What witness, witnesses shall be summoned in any criminal prosecution tobe a paM OI by in behalf of a prisoner, at the expense of the State, the State. except such as shall be contained in a list, which shall be shown to and approved by the judge or justice, before whom such prosecution is pending. loweeT^cept SECT< 2 " Be ** f urther ^acted, That no sheriff or in certain cases other officer, or indifferent person, shall be allowed com- fees^shaif ^be pensation for more than one keeper on one process, ex- taxed, cept in special cases, to be approved by the court, who shall receive not to exceed one dollar for every twelve hours, and in that proportion in lieu of all other expenses. Keepers' fees shall not be taxed in any case, unless the court on enquiry, find that such services were necessary. dk,wed r "n y bm SECT. 3. No attorney fee shall be charged in a bill of of costbeforea cost taxed by a justice of the peace in a criminal prose- justice. ' J cution. One dollar al- SECT. 4. Be it further enacted, That there shall be al- ney forsaking lowed to State's attornies, for making out all bills of bill of cost, &c. costs arising in one prosecution, one dollar, and no more. County court SECT. 5. Be it further enacted, That the county courts do a ilars a twentv may tax for an assistant attorney in criminal trials, a fee two cents for of two dollars and twenty-two cents, neytn criminal SECT. 0. Be it further enacted, That the superior causes. court may tax in favor of the counsel for the accused, in the^u^nor 868 capital trials, the fees allowed to the State's attorney, and court may tax his assistant in such cases, provided it shall appear to the for council of . , . ' , i i prisoner. court, that the prisoner is poor and unable to pay his counsel. SECT - 7 - Be it further enacted, That there shall be allowed to State's attornies, for drawing an information or indictment, one dollar, when such information or in- dictment does not exceed one page of twenty-eight lines, ten words to a line, and half a dollar for each succeeding page. Provided however, that in no instance, shall any part of such information or indictment, after the second count, be taxed, and that a second count shall not be al- lowed, unless the same shall be approved by the court. SALARIES AND FEES. 45 SECT. 8. Be it further enacted, That in criminal trials, JJ fe no fees shall be allowed to bystanders, called as witness- dereaa witness- es. es - SECT. 9. Be it further enacted, That there shall be Allowance to taxed for furnishing each prisoner in State cases, with board 8 oFpris- diet, washing, fuel, lights, and attendance, such sum oners &c - as shall from time to time, be allowed by the county court, not exceeding, when more than three persons in any gaol at the same time, two dollars per week. SECT. 10. Be it further enacted. That it shall be the sheriffs to de- i ... /. i_ -ir * i c ^L -i. j. liver convicts duty of shenfls, to execute warrants for the commitment to the warden of convicts to the Connecticut State prison, by deliver- of state prison ing such convicts to the warden of said prison or his where S kept - agent, at the gaols of the several counties, and said war- lees of sheriff, den shall cause such convicts to be transported to said prison, at the expense of the State, and there confined, pursuant to their respective sentences. For executing each warrant, the sheriff shall receive a fee for each pris- oner, one dollar, and no more. SECT. 11. Be it further enacted, That all orders, drawn Orders ontrea- by a justice of the peace, on the town treasurer for bills surers of towns j. J . ..." . .. . c . for costs-items of cost, in criminal prosecutions, shall specify the items of fees to be of such bills of cost, and such treasurer shall pay such cost to the persons severally entitled to receive the same. SECT. 12. Be it further enacted, That no court, judge or justice, shall tax or allow any item in bills of cost in criminal cases, except such as are authorized by the ex- press provision of some statute law. SECT. 13. Be it further enacted, That the judges of Judges of su- the supreme court of errors shall have power to make ^ d e "jJJJJiS from time to time, rules to correct, or guard against abusesoftaxing abuses in the taxation and allowance of bills of costs C( against the State, and the county courts shall conform to such rules, so far as they are applicable to their courts. SECT. 14. Be it further enacted, That so much of any statute of this State, as is inconsistent with this act, be, and the same is hereby repealed. Approved June 7th, 1839. WILLIAM W. ELLSWORTH. 46 SCHOOLS. CHAPTER XLVII. An Act in addition to an Act entitled " an Act for regu- lating Salaries and Fees." SECT. 1. BE it enacted by the Senate and House of Fees of the Representatives in General Assembly convened, That the rXrlnd cuumy fees of clerks f tne COUnty and Superior Courts, for en- court in certain tering each action, which at the first term of the court shall be discontinued or withdrawn, shall be fifteen cents. Repeal. SECT. 2. That so much of said act, and all other acts, as is inconsistent herewith, be and the same is hereby repealed. Approved June 7th, 1839. WILLIAM W. ELLSWORTH. CHAPTER XL VIII. An Act in addition to an Act entitled "an Act relating to Sheriffs." BE it enacted by the Senate and House of Representa- tives in General Assembly convened, That the sheriff of 4 ^ e C0unt 7 f Fairfield may appoint for said county, Fairfieicoun any number of deputy sheriffs, not exceeding eleven ; and so much of the act to which this is an addition, as is inconsistent herewith, be, the same hereby is repealed. Approved June 5th, 1839. WILLIAM W. ELLSWORTH. CHAPTER XLIX. An Act in addition to " an Act for the regulation of School Societies, and for the support of Schools." BE it enacted by the Senate and House of Representa- tives in General Assembly convened, That whenever the lfcommittee& committee and clerk of any school district, shall omit to clerk neglect to , . J . , '. . enumerate the return to the committee of the school society, the enu- iaw^uires merat ' on ^ children in thejr respective districts, within bTwhora^and the time prescribed by law, it shall be the duty of one of whentheyshail t ne committee of such school society to make such enu- be enumerated . , r , , _,, * tf c 11 and returned, meration, before the 15th day of September following, SCHOOLS. 47 and lodge the same with the treasurer of such society, * ^"j^^. of and on their return to the comptroller, shall indorse a compensation certificate thereof, according to the following form, viz. for su . ch enu : meration, and how paid. " Whereas no return of the number of children be- tween four and sixteen years of age, has been received from the committee or clerk of the school district in said society, I therefore as one of the committee of said school society, have enumerated said children, and do find that on the 1st Monday of August, A. D. there were residing within said district and belonging thereto, the number of persons between the ages aforesaid, none of which are contained in the within return. A. B. school society committee." Sworn to this day of A. D. 18 before me, C. D. justice of the peace. And for making such enumeration, said committee shall be entitled to receive five cents for each child so enumerated, to be paid from the next dividend belong- ing to said school district, which may thereafter be re- ceived from the town deposite fund. And the enume- ration and return so made, shall be as effectual to all intents, as if made in the form heretofore prescribed by law. Approved June 5th, 1839. WILLIAM W. ELLSWORTH. CHAPTER L. An Act concerning Schools. SECT. 1. BE it enacted by the Senate and House of Representatives in General Assembly convened, That each Powers of u i .1 i 11 i_ i A. I_T i i * schoolsocieties. school society shall have power to establish and maintain common schools of different grades, to build and repair school houses, to lay taxes, and make all lawful agree- ments and bye-laws to secure the free, equal, and useful instruction of all the youth thereof. SECT. 2. No school district shall hereafter be formed No . sc ^ l l is - ,. . . i- strict hereafter out of any existing district or districts, with less than to be formed forty children between the ages of four and sixteen, nor ?". e of ^ . e *' i 11 . ,. ,. , ' s . . isting districts shall any existing district, by the formation of a new one. of less than 40 be reduced below the same number. children, &c. SECT. 3. Whenever any school district shall be form- JStLrfrehESi ed or altered in any school society, it shall be the duty society in form- ing a district&c 48 SCHOOLS. of the committee of the society to fix and describe the boundary lines of such district, and cause the same to be entered on the records of the society ; and in any case where such boundary lines are not now fixed and de- scribed, it shall be the duty of said committee, on appli- cation of the district, to designate and define the same, as above specified. All school dis- SECT. 4. Every legally constituted school district shall body corporate 8 , be a body corporate, so far as to be able to purchase, &c. ' receive, hold and convey any estate real or personal for the support of schooling in the same, to prosecute and defend in all actions relating to the property and affairs of the district, and to make all lawful agreements and regulations for the management of schools within said district. Meetings of SECT. 5. There shall be a meeting in each school dis- whenYehS trict annually on the last Tuesday of August, at the where notice school house of such district, or, if there be no school whom. 8 1 by house, at such other place as the district committee may designate ; and notice thereof shall be given at least five days previous, by the district committee, in one or more newspapers published therein, or by putting the same on the school house, or on the sign post, or on such other places, and in such other mode as the district may de- signate for this purpose. Meetings how S EC T. 6. A special meeting shall be held in each dis- warned. . ~ , . . = trict whenever called by the district committee, in the manner specified in the case of annual meetings ; and it shall be the duty of said committee, or any member thereof, or in case of failure or refusal of the same, of the clerk of said district, to call a meeting on the written application of any five residents therein who pay taxes ; and every notice of a district meeting, shall state the purpose for which said meeting is called. wt to vote for SECT. 7. At the annual meeting of any district the officers not legal voters thereof shall elect, in addition to the officers heretofore re- now required, a committee, to consist of not more than quired, to be, ^ . . ... . i elected and three residents of the district ; and said committee shall their duties. discharge all the duties now required of the district com- mittee appointed by the school society ; shall employ unless otherwise directed by the district one or more qualified teachers ; provide suitable school rooms ; visit the schools by one or more of their number, twice at least, during each season of schooling; see that the scholars are properly supplied with books, and in case they are not, and the parents, guardians, or masters have been notified thereof by the teacher, to provide the same SCHOOLS. 49 at the expense of the district, and add the price thereof to the next school tax or rate of such parents, guardians, or masters ; suspend during pleasure or expel during the current season from school, all pupils found guilty on full hearing of incorrigibly bad conduct ; and give such in- formation and assistance to the school committee and visiters of the society, as they may require, and perform all other lawful acts as may from time to time be re- quired of them by the district, or which may be necessary to carry into full effect the powers and duties of school districts. SECT. 8. Each school district shall have power at the Powers of i ] f. i .. i ! i it. school districts annual, or any lawful meeting, to build, or otherwise to provide provide suitable school rooms ; to employ one or more rooms, employ teachers ; to fix the different periods of the year at which of^schopT, ap- the school shall be taught ; and to appropriate such por- propn'ation of c ,t i_i- . , v , f Bchool money, tions ot the public moneys accruing to such district tor & c . the use of schools, to such parts of the year as the con- venience of the district may require ; provided that no school district shall after the first day of January next, be entitled to any portion of the public money, unless the school or schools of such district have been kept by a teacher or teachers duly qualified, for at least four months in the year and until the district committee shall certify that the public money received by such district, for the year previous, had been faithfully applied and expended in paying the wages of such teacher or teachers, and for no other purpose whatever. SECT. 9. The inhabitants of school districts in lawful er on to r ^ meeting assembled, shall have power to lay taxes on all estate in dis- the real estate situated in their respective districts, and ^ upon the polls and other rateable estate, except real collected. estate situate without the limits of such district, of those persons who are residents therein, at the time of laying such tax, and said real estate shall not be taxed by any school district besides the one in which the same is situ- ated ; and said tax shall be made out and signed by the district committee from the assessment list of said town or towns, to which said district belongs, last completed or next to be completed, as said district may direct, and be collected by the collector of the district in the same manner as town taxes. SECT. 10. Whenever real estate situated in one school Assessments district, is so assessed and entered in the grand list in common with other estate situated out of said district, that there is no distinct and separate value put by the as- 7 50 SCHOOLS. sessors upon the part lying in said district, then said dis- trict wishing to lay a tax as aforesaid, may call upon the assessors for the time being of the town in which such district is situated, to assess, and they are hereby author- ized and directed on such application, to assess the value of that part of said estate which lies in said district, and to return the same to the clerk of said town : and notice thereof shall be given by the district committee in the same way and manner as school meetings are warned ; and at the end of fifteen days after said assessment has been lodged as aforesaid, said assessor and society's committee shall meet in such place in said district as said committee shall designate in their notice, and shall have the same power in relation to such list as the board of relief have in relation to lists of towns. When such list shall be equalized and adjusted by said assessors and society's committee, the same shall be lodged with the town clerk, and said assessment shall be the rule of tax- ation for said estate by said district, for the year ensuing ; and said assessors shall be paid by said district, a rea- sonable compensation for their services. Duty of visitors SECT. 11. The visiters or overseers appointed by any or overseers school society, may prescribe rules and regulations for appointed by . " J l .. , , , .. P ,. choolsocieties. the management, studies, books, and discipline of the schools in said society, and may appoint two persons, one or both of whom shall be a committee to examine into the qualifications of all candidates who may apply for employment as teachers in the common schools of such society, and shall give to such persons, with the evidence of whose moral character and literary attain- ments they are satisfied, a certificate setting forth the branches he or she is found capable of teaching, provi- ded that no certificate shall be given to any person not found qualified to teach reading, writing and arithmetic, thoroughly, and the rudiments at least, of grammar, geography, and history ; to visit each of the district schools in said society, during the first two weeks after the opening of such schools, and also during the two weeks preceding the close of the same, at which visits the committee may examine the record or register of the teacher, and all other matters touching the literature, dis- cipline, mode of teaching, and improvement of the school; and subject to the rules and regulations of the school vis- iters, may exercise all the powers, and discharge all the duties of said visiters ; and such committee shall receive one dollar each per day, for the time actually employed in discharging the duties of their office, and such other SCHOOLS. 51 compensation as said society may allow, to be paid out of the income of the town depositefund accruing to said society, or in any other way which said society may provide. SECT. 12. No teacher shall be employed in any school ^^" v* id f supported by any portion of the public money, until he th*publufmo- or she has received a certificate of examination and ap- ney s to b? ex " , , . . c . . , . , r ammed, &c. probation, signed by a majority or visitors of the school receive a cer- society, or by the committee by them appointed, nor shall g,^^* ' 1 b r any teacher be entitled to draw any portion of his or her er commence! wages, so far as the same is paid out of any public money ^^j her appropriated by law to schools, unless he or she can pro- duce such certificate, dated previous to the opening of his or her school ; provided that no new certificate shall be necessary, when the teacher is continued in the same school more than a year, unless the visiters or overseers shall require it. SECT. 13. It shall be the duty of every teacher in any Duty of school common district school, to enter in a book, or a register teachers - to be provided by the district clerk, the names of all the scholars attending school, their ages, the date when they commenced, the length of time they continue, and their daily attendance, together with the day of the month on which such school was visited by the school visiters of the society or committee by them appointed, which book, or register, shall be open at all times to the inspection of all persons interested, and be delivered over by the teacher at the close of the term, to the district clerk, together with a certified abstract, showing the whole number of pupils enrolled, the number of males and females, and the average daily attendance ; and it shall be unlawful to pay any teacher more than two- thirds the amount due for any term of tuition, until said book and abstract shall be placed in the hands of the district clerk, as aforesaid, and certified to under oath. SECT. 14. Any school society, in lawful meeting, may Powers of authorize the committee of the society to draw an order lf^ l socw " on the society treasurer, in favor of such districts, or parts of districts, as have kept their schools in all respects ac- cording to law, for their proportion of all the public money appropriated to the use of schools, in the hands of said treasurer either according to the number of per- sons between the ages of four and sixteen in such dis- tricts or parts of districts, or according as the amount of attendance for a period of six months' schooling in such districts or parts of districts, shall bear to the whole 52 SCHOOLS. amount of attendance in all the districts for the same period. If the expense SECT. 15. Whenever the expense of keeping a com- mon school by a teacher or teachers duly qualified, shall the amount of exceed the amount of all monies appropriated by law to propriateT lay defray the expense of such school, the committee in such law, how to district for the time being, may examine, adjust, and al- low all bills of expense incurred for the support of said school, and assess the same upon the parents, guardians, and masters of such children as attended the same, ac- cording to the number and time sent by each. Contingent ex- SECT. 16. Whenever the contingent expenses of any ^om e8 repa?r g school district, arising from repairs of school house or books, &c., not its appendages, books, costs, damages, or any other fa oro'yrar? to source, shall not exceed the sum of twenty dollars in one be included' in year, the same may be included in the above assessment. ^hoohHstricts SECT. 17. Any school district, in lawful meeting warn- power as to li- ed for this purpose, is hereby authorized to lay a tax, pens^howpaldl not exceeding thirty dollars the first year, or ten dollars any subsequent year, on the district, for the purpose of establishing and maintaining a common school library and apparatus for the use of the children of such district, under such rules and regulations as said district may adopt ; and any sum of money thus raised, shall be as- sessed and collected in the same manner as other dis- trict taxes. Union districts SECT. 18. Any two or more adjoining school districts, powers? may associate together and form a union district, with power to maintain a union school, to be kept for the ben- efit of the older and more advanced children of such as- sociated districts, if the inhabitants of each of such dis- tricts shall, at legal meetings called for that purpose, agree to form such union by a vote of two thirds of the legal voters present. Union districts SECT. 19. Any union district thus formed shall have to have corpo- all the corporate powers of school districts, and shall hold rate powers, . ,. A . . & c . r its first meeting on such notice, and at such time and place as may be agreed upon by the associated districts respectively by a vote of the same at the time of form- ing the union. Annual meet- SECT. 20. The annual meeting of such union district diLicte, when S . ha11 be held a * SUch time and P IaC6 > and U P n SUch n " held what no- tice, as the district may at its first meeting prescribe ; h W and notice of a11 s P ec al and adjourned meetings shall be given as provided for in the case of school districts. rVof SECT ' 2L The I 6 g al V0ters of such union district sha11 union districts, have power to designate, and purchase or lease, the site SCHOOLS. 53 for a school house for the union school, and to build, hire, or purchase a building for such school house, and to keep in repair and furnish the same with fuel, furniture, and other necessary articles for the use of said school, and to assess and collect a tax for the above purpose, in the same manner as is prescribed by law for other school districts ; and in case the district shall not be able unan- imously to agree on the location ot the union school house, the school society committee shall, on application, determine the same. SECT. 22. The committees of the respective districts Who to be the forming the union district, shall constitute the school S^dtatriSl committee of said district, with power to appoint their and their pow- own clerk, treasurer and collector and said officers ei shall have all the powers, and discharge all the duties in reference to such district, as the same officers have in case of school districts. SECT. 23. The committee aforesaid shall also deter- Further dutieg mine the ages and qualifications of the children of the and powers of associated district, who may attend the union school, and mf tt ^ lon C m " make all rules and regulations for the studies, books and discipline of the school, subject to the approbation of the visiters of the school society in which said union district ' may be located, and to any votes that may be passed in any legal meeting of said district. SECT. 24. Such union school shall receive such pro- what public portion of all money accruing to the use of each of the school-money associated districts, as the children between the ages of SytunTn four and sixteen attending the union school from each of districts also said districts, bear to the number attending the district e school in each and the expense of sustaining the school beyond the amount thus received shall be borne by the union district, in such manner as the legal voters of the same shall prescribe ; and a tax or rate for this purpose shall be assessed and collected in the same manner as in the case of any other school district. SECT. 25. The visiters or overseers of schools, shall Duty of school have the same power and perform the same duties in re- union'dis^ricts. lation to such union schools, as are prescribed to them in relation to other district schools. SECT. 26. No child shall be excluded from any school No , ch . ild to be supported in all or in part out of any money appropriated any^ch^CTf or raised by law for this purpose, in the district to which said *** is such child belongs, on account of the inability of the pa- S^pS^'m*" rent, guardian, or master of the same to pay his or her {1^""? by tax or assessment for any school purpose whatever; and p re f use t o draw an order on the treasurer, for SPIRITOUS LIQUORS. 55 such proportion or amount of school money as said soci- eties may be entitled on the first days of October and March next respectively. Provided, the returns of said societies shall in other respects conform to the statute law of this State. Approved June 5th, 1839. WILLIAM W. ELLSWORTH. CHAPTER LII. An Act relating to the sale of Spiritous Liquors. SECT. 1. BE it enacted by the Senate and House of Representatives in General Assembly convened, That no Spiritous li- person or persons, shall, from and after the first Monday and^o^to be of January next, sell, directly or indirectly, any wines or sold, spiritous liquors, in any town in this State, without lib- erty granted by the town in manner as is hereafter pro- vided by this act. SECT. 2. The several towns in this State, at a town Towns to a- meeting legally warned and assembled for that purpose, any time in the month of January annually, be, and they are hereby authorized by a major vote of the legal voters present, which vote shall be by ballot, to grant liberty to any person or persons, to sell wines and spiritous liquors within their respective towns, under such regulations as they may severally adopt. SECT. 3. No person or persons, except taverners, shall Who may sell sell directly or indirectly, by an agent or otherwise, to drankln Ws ol any person or persons, or permit to be sold, any wines hershop,house, or spiritous liquors, to be drunk in his or her house, shop, pendencies' de ~ distillery, or dependencies. SECT. 4. If any retailer or taverner, or any other per- $20 penalty for son or persons, shall sell any wines or spiritous liquors, Vlolatlon - without liberty granted as aforesaid, or in any way, con- trary to the provisions of this act, or the regulations that the town in which the offence is committed, shall have prescribed, such person or persons, being thereof duly convicted, shall forfeit and pay for each offence, the sum of twenty dollars, to the treasury of the town, where such offence shall have been committed. SECT. 5. On complaint to the selectmen of any town, Duty of select, from a source entitled to credit, of a violation of this act, !J^|~p dut y ? f it shall be the duty of such selectmen to investigate the " same, and if it shall appear that such complaint is true, 56 TURNPIKES. they shall notify agrand juror of such town, who shall pros- ecute the same ; and the grand jurors of the respective towns shall also prosecute any violations of this act, on satisfactory evidence being furnished of such offence, by any other person or persons, than selectmen. Provided nevertheless, that nothing contained in this act shall be so construed as to prevent any taverner, legally licenced, from selling wines or spiritous liquors, during the contin- uance and according to the true intent and meaning of such licence ; nor shall any thing contained in this or any other public act, be so construed as to authorize a tavern- er to sell any wines or spiritous liquors, to be drunk in any other place than within his public house. SECT. 6. Be it further enacted, That all public acts relating to the sale of, spiritous liquors, inconsistent with the provisions of this act, be, and the same are hereby repealed. Approved June 7th, 1839. WILLIAM W. ELLSWORTH. CHAPTER LIH. An Act in addition to an Act relating to Turnpike Roads. BE it enacted by tJie Senate and House' of Representa- tives in General Assembly convened, That whenever it shall so happen, that the judge of the county court can- not act, on account of interest, either of the commis- sioners, in their respective counties, may perform all the duties, and exercise all powers conferred on judges of the county court, by the first and third sections of the act entitled " an act in addition to an act relating to turnpike roads," enacted in 1 835. Approved June 7th, 1839. WILLIAM W. ELLSWORTH. TURNPIKES. 57 CHAPTER LIV. An Act in addition to an Act relating to Turnpike Roads. BE it enacted by the Senate and House of Representa- tives in General Assembly convened, That in all cases, in which the toll for sheep and swine, is not specifically prescribed, by the charter or any subsequent grant of any turnpike incorporation in this State, the toll for each sheep or swine, passing on the road, at each gate at which full toll is payable, shall be five mills, and two and a half mills at each gate, at which half toll is payable, and no more. Approved June 7th, 1839. WILLIAM W. ELLSWORTH. CHAPTER LV. An Act in addition to an Act relating to Turnpike Roads. SECT. 1. BE it enacted by the Senate and House of Rep- resentatives in General Assembly convened. That in all cases in which the toll for a one horse waggon, is not specifically prescribed by the charter or any subsequent frant of any turnpike or bridge incorporation in this tate, the toll for each waggon, drawn by one horse, whether the body be hung on springs or not, for passing on the road or bridge, whether loaded or not, shall be six cents and one quarter at each gate where full toll is payable, and three cents where half toll is payable, and no more. SECT. 2. That the act in addition to an act relating to turnpike roads, passed in 1838, be, and the same is hereby repealed. Approved June 7th, 1839. WILLIAM W. ELLSWORTH. 8 58 WOKTHINGTON. CHAPTER LVI. An Act in alteration of an Act incorporating the Borough of Worthington passed May session, 1834. SECT. 1. BE it enacted by the Senate and House of Alteration of Representatives in General Assembly convened, That the the borough of borough of Worthington be reduced to the following limits, and that the same shall hereafter be the limits of said borough, any law to the contrary notwithstanding, viz : Beginning at a point in Capt. Normand Peck's barn lot, bearing south five degrees, west fifteen rods and thir- teen links, from the south west corner of said Peck's barn, running east to the north west corner of Alfred Ed- wards' house lot, on the east side of the Hartford and New Haven turnpike road ; thence along the north line of said Edwards' lot, continuing the course to a point in a lot of Col. Frederick Dunham, deceased, seventy-one and one half rods from the Hartford and New Haven turnpike road ; thence southerly to the south east corner of Col. Wm. Bulkley's house lot ; thence westerly to the south east corner of Zenas Richardson's garden, on the west side of said turnpike road ; thence continuing the same course westerly, forty rods from said road ; thence northerly to the first mentioned point. SECT. 2. Be it further enacted, That so much of the said act of which this is an an alteration, as is inconsistent herewith, be, and the same is hereby repealed. Approved May 25th, 1839. WILLIAM W. ELLSWORTH. PROPOSED AMENDMENTS TO THE CONSTITUTION. 59 GENERAL ASSEMBLY, MAY SESSION, 1839. Resolved by the House of Representatives, That the fol- lowing be proposed as an amendment to the constitution of this State, which when approved and adopted in the manner by the constitution prescribed, shall, to all intents and purposes, become a part thereof. Judges of the courts of probate, shall be appointed in the several districts of this State, by the electors residing in said districts, in such manner and for such term of office, not exceeding three years, as shall be prescribed by law. Resolved, That the foregoing proposed amendment be continued to the session of the General Assembly, to be holden at New Haven in May next, and be published with the laws passed at the present session. HOUSE OF REPRESENTATIVES, JUNE 5th. Passed A. CATLIN, Clerk. R. H. MILLS, Clerk. GENERAL ASSEMBLY, MAY SESSION, 1839. Resolved by the House of Representatives, That the fol- lowing be proposed as an amendment to the constitution of this State, which when approved and adopted in the manner by the constitution prescribed, shall, to all in- tents and purposes, become a part thereof. Justices of the peace shall be appointed in the several towns in this State, by the electors residing in said towns, in such manner, and for such term of office, not exceeding three years, as shall be prescribed by law. Resolved, That the foregoing proposed amendment be continued to the session of the General Assembly, to be holden at New Haven, in May next, and be published with the laws passed at the present session. HOUSE OF REPRESENTATIVES, JUNE 5th. Passed A. CATLIN, Clerk. R. H. MILLS, Clerk. 60 PROPOSED AMENDMENT TO THE CONSTITUTION. GENERAL ASSEMBLY, ) MAY SESSION, 1839. 5 The joint committee on the Judiciary, to whom was referred a communication from the secretary of this State, in relation to a proposed amendment of the consti- tution, concerning the qualifications and admission of electors, have had the same under consideration, and respectfully report as follows : It is provided by the constitution, in relation to amend- ments of the same, that they shall be proposed by a ma- jority of the House of Representatives, be continued to the next session of the legislature and be published with the laws ; that they be passed by a vote of two-thirds of both houses in General Assembly ; that the secretary of the State transmit the same to the town clerks of the several towns in the State ; that the town clerks of the several towns, should present the same to the inhabitants thereof, for their consideration, at a town meeting legal- ly held and warned for that purpose. It is further pro- vided, that " if it shall appear in 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 part of this constitution." x In relation to the proposed amendment of the constitu- tion, referred to in the communication of the secretary, it appears that the same was proposed by a vote of a ma- jority of the House of Representatives, duly continued and published, and passed at the session of the General Assembly then next, by a vote of two-thirds of each house, and by the secretary duly transmitted to the town clerks of the several towns. Thus far the provisions of the constitution have been complied with. The consti- tution however, requires, that the amendment shall be presented to a town meeting, " legally warned and held for that purpose." It appears, that in relation to a por- tion of the towns, no vote was taken on the proposed amendment; and in relation to those towns where votes were taken, it does not appear that the meeting was warned for that purpose ; and if in the case of any town, a meeting were so warned, as there was no provision by law for warning such meeting, the committee are of opinion, the same cannot be considered as having been legally warned. They are therefore of opinion, that the votes which have been heretofore given, in the several PROPOSED AMENDMENT TO THE CONSTITUTION. 61 town meetings, in relation to this amendment, are to be rejected. As however there is no provision by the con- stitution as to the time when any proposed amendment shall be acted upon by the several towns ; and as the legislature is authorized to provide by law, the mode of ascertaining whether such amendment has been approved by a majority of the inhabitants of the State, in town meeting legally assembled, the committee are of opinion that no difficulty exists in providing by law, during the present session of the General Assembly, for submitting to the inhabitants of the several towns, the said amend- ment in pursuance of the constitution ; and if the same shall be approved by a majority of the electors present in the several towns, in town meeting, legally warned, they are of opinion that said amendment may be consi- dered as part of the constitution. In accordance with these views, the committee have prepared a bill for a public act, of which they recom- mend the passage. Which is respectfully submitted, per order of the committee. JOHN A. ROCKWELL, Chairman. PROPOSED AMENDMENT TO THE CONSTI- TUTION. At a General Assembly of the State of Connecticut, holden at Hartford, on the first Wednesday of May, eight hundred and thirty- seven Resolved by the House of Representatives, That the fol- lowing be proposed as an amendment to the constitution of this State, which, when approved and adopted in the manner provided by said constitution, shall, to all intents and^ purposes, become a part thereof, viz : Every white male citizen of the United States, who shall have resided in this State one year, 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 dollars, in this State ; or having been enrolled in the militia, shall have performed military duty therein for the term of one year next preceding the time he shall offer himself for admission, or being liable thereto, shall have been by 62 PROPOSED AMENDMENTS TO THE CONSTITUTION. 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 sus- tain a good moral character, shall, on his taking such oath as may be prescribed by law, be an elector. Resolved, That the foregoing proposed amendment of the constitution of this State, be, and the same is hereby continued to the next session of the General Assembly, to be holden at New Haven, on the first Wednesday of May next, and that the said proposed amendment be published with the laws passed at the present session. J. C. PALMER, ) ni 1 TT [ Clerks. LEWIS HYDE, \ HOUSE OF REPRESENTATIVES, 1837. Passed J. C. PALMER, Clerk. House of Representatives, May 5, 1838. Laid on table, order of day for Tuesday next. H. DUTTON, Clerk. Ordered to be made the order of the day for 15th May, at 2, P. M. ; further postponed to 22d May, at 2, P.M. House of Representatives. Passed by yeas and nays by a majority of two thirds. H. BUTTON, Clerk. In Senate, ayes and nays taken, and passed by a ma- jority of two thirds. H. T. HUGGINS, Clerk. ERRATA. Page 32 at the the close of the 30th chap- ter add "Approved June 7th, 1839. WILLIAM W. ELLSWORTH." STATE OF CONNECTICUT, ss. SECRETARY'S OFFICE, viz: June 25th, 1839. I HEREBY CERTIFY, That I have compared the printed copy of the acts contained in this pamphlet, with the original acts, as engrossed and passed by the Legisla- ture, and find the same to be correct. ROYAL R. HINMAN, Secretary of State. INDEX . A* PACKS. Arms, owned by the State, - '.'' **, ', ., 3 commanding officers liable for, when, 7 1 . 3 in what case arms to be returned to arsenal, j" 3 act concerning, repeal of, - - i j ' 32 Amendment of constitution, law concerning, .' 13 Amendments of constitution, **?. - 13,59,60,1,2 Assessors, &c. omitting to sign abstract, returns, &c., - 4 B. &e&ntti INDEX. c. City of Bridgeport, incorporation of, - 8, 10 powers and privileges of, . 8 altering limits of said city, 9 of Hartford, how buildings to be erected, . 11 penalty for violation of, - 12 of New Haven, to secure from fire, . . 12 to own a strip of flats in the harbour, &c., - 12 to amend the charter of said city, . . 12,13 Clerks of courts, 46 Constitution, amendments of, - 13, 59, 60, 1, 2 duty of constables to warn meeting, - 13 duty of town clerks and presiding officers, 14 who to count votes, &c., - - - r 14 WMJ iii /'! birr// forms of return of votes, , f . . - 14 votes by whom canvassed, &c., - 15 Constables, duty of, >>, . '. *$ Courts, 16, 29, 30, 32, 37, 38, 44, 46, 56 superior court at Haddam on 4th Tuesday of August, 16, 44 County court, -' - - 16,28,29,56 if judge is disqualified, how to proceed, - 16 if judge and commissioners disqualified, how to proceed, - 16 D. Depositions, to be taken under a commission, when, 17 witness refusing to appear or testify, how to pro- ceed, -.. , t . . 17 who is empowered to compel witness to testify, 17 fees of witness in certain cases, - ' r . 18 Jyji:~( : .in O- >'>(. ,M.MKt .ij -UMII E. East Lyme, probate district of v. . 38, 25, 18, 19, 20 East Windsor, confirming doings of town meeting, - 25 INDEX. Ill Elections, .... 18, 19, 20, 21, 22, 23 East Lyme, how and where to vote for senators^ 18, 19 who to certify votes for senators and how, 19 form of re turns in East Lyme, ' '-J ' 19, 20 Electors meetings, how adjourned, tl^/uv '.yif- * c,-^".- 20 to adjourn but once to elect representatives, - 20 Election of sheriffs by the people, - >? "i - 21 if no choice of sheriff on 1st Monday of April, to have but one adjournment, - 21 plurality to elect on second trial, - 21 Electors, names of, to be registered, - 22 who to make lists of voters, &c., ^ . , T t 22 lists of names, how and where posted, &c., ,. 22 town clerk, &c., when to be in session, - 22, 23 notice of session of board how given, - 22 who empowered to erase names of unqualified voters, - - - - 22 penalty for gi v ing a false name, '. . 23 moderators' duty in receiving votes, 17 i"J - 23 check book to be kept and where deposited, . 23 who may vote on days of election, I*>3f*fl I'-Ji 1 '* 23 town clerks, &c. to be sworn, - 23 Engine companies, - -" ' ' 1( * r ' 10,11 Estates, settlement of, - - - -"w^m 24 probate courts to order sale of real estate to pay legacies, when, - - 24 when may sell, if encumbered by dower and mortgage, 24 exempt property from execution, ' .^ . 18 twenty.fi ve bushels of charcoal, two tons of hard coal &c. to be exempt, j_ ,. - . , 18 .. Executor of a will, being judge of probate, how to exe- cute said will, . 39 Execution, property exempt from, - - 18 M - - . - ,lo o!lih -q t rsba.r:-J[ Fairfield county sheriff may appoint eleven deputies, 46 Fees of witnesses, ; . . c l ^ ! 18 IV INDEX. Foe?, of probate judge," in criminal cases, Fire Engines in Bridgeport, how owned, damage by fire in Hartford, Firemen's Benevolent Society in Hartford, objects and powers of, Flour, how put up for sale, Fugitives, how tried, - G. Gaols, State's Attornies when to discharge prisoners, 28 Grand jurors when to complain, &c., . '. 55 Groton probate district, - 39 K. Habeas Corpus as to fugitives, ... 29 Hartford, damage by fire, &c., . . ,?-.-.-? 11 Firemen's Benevolent Society in Hartford, -*.*_ 26 Harwinton town meetings confirmed, - -; 29 Highways and bridges, .... . ^ 43 Housatonic rail road, - - - - 41, 42 J. Judges, ... .16, 45, 56 Jury, trial by, . - ''*&' B< ".'t* . 29 Jurors in Lyme and East Lyme, - - 25 Justices of the peace, when to complain, . 4 when to act as judges of the county court, . 16 when may not tax cost of counsel, - *. 44, 45 Lands, partition of, . . . . 30 Lien on buildings by mechanics, ... 31 Lyme, entitled to 13 jurymen, ... 25 * INDEX. B3 Militia, - - - - - 3, 32, 3, 4, 5, 6 warrants how directed to collect fines, - 36 appropriation of military fines, - 36 who shall be enrolled, .... 33 duty of captains, colonels, generals, &c., to make returns, .... 33 a company without commissioned officers, how to proceed, - - - - 34 penalty &c. for neglecting to make returns, - 34 selectmen neglecting their duty, penalty for, - 34 duty of quarter master general as to State arms, 34, 35 arms loaned, storage of field pieces, harnesses, j ' 40 <* Quarter master general, duty of, . -i*v>. -i*> 3 selectmen to report, &c., - 3 VI INDEX. R. Rail road, Housatonic, i ' 41 two commissioners, their duty and pay, &c., *!;: 41 may issue notes, assignable, &c., (.'.?-j^ 41, 2 Redding probate district, - - 38 Registration of names of electors, . - ..--'to 22 Repeal of laws, 5, 16, 21, 24, 29, 32, 36, 43, 46, 56, 58 Roads, commissioners of county court when to act as judge, - 56 toll for sheep, swine, and one horse wagons, - 57 S. Salaries and fees in criminal cases, - 44, 5 in probate courts, - - ; . " 40 Schools, - 46, 7, 8, 9, 50 committee neglecting to enumerate children how to proceed, T rrt j form of certificate, - - ., 7 . : |- compensation and pay for enumerating, powers of school societies, no district formed of less than forty children, duty of committee in forming a district, school districts bodies politic, - l t * ij3 meetings of districts when and where held, no- tice, &c., - - - ' il J meetings how warned, - - 1 ' who to vote for officers, duties of new officers, powers of districts to employ teachers, &c., power of taxing, and how collected, - duty of visiters, &c., - - lot' 2'*jp : requisites before a teacher enters a school, duty of school teachers, school societies, powers of, - contingent expenses how paid, : union districts how formed, . . - to have corporate powers, &c., INDEX. Vll Schools, annual meeting when held, what notice, -al.vu 52 powers of voters in union districts, ><*. i ;!: o 52 union district committee, and their power, ;>--<, 53 what school money for union district, &c., - 53 visiters of union districts, - 53 poor children and their privileges, - 53 governor to fill vacancies in board of commis- sioners, . -' . ><>* i-if'lf- 54 failure of visiters to make returns, provided for, 54 Selectmen, duty of, - - 3, 34, 37, 55 in Bridgeport, duty of, io^ht . roil*. 9 Senators, how voted for in East Lyme, . - 19 Sheriff of Fairfield may appoint eleven deputy sheriffs, 46 Sheriffs, election of, - - - - 21, 29 Silk, act concerning, repeal of, - - - 43 Stamford bank, regulation of, - - ". 4 State paupers, how supported, &c. - *.\ 37 State's attorney, when may discharge prisoner from gaol, 28 Superior court, when may tax costs of counsel, - 44 when to sit at Haddam, - 16 Surplus fund of the United States, safe keeping of, - 27 provisions of said act, . . ' . 27,8 Spiritous liquors, when and how sold, ^ - 55 towns to govern sale of liquors, - 55 who may sell to be drank in shop, house, &c. 55 penalty for violation, 55 duty of selectmen and grand jurors, - ' -W. 55 T. Taxes, .. ' . 'I 4, 49,53 Toll on turnpike roads, .... 57 Tolland county bank, .... 5 Towns, doings of, confirmed, ^'V - - 4 Town clerks, - . . . 14 22, 3 meetings in East Windsor, confirmed, . . 25 in Harwinton, do. . . 29 Treasurer of State to execute release deeds, . 28 Vlll INDEX. Turnpike roads, - .... 56, 57 toll for sheep and swine, ... 57 toll on one horse wagons, 57 W. Witness to testify under a commission, when, 17 fees of witness in such case, - - 18 fees in criminal causes, - - 'jViri 44,45 Worthington, borough of, - - ,. % >h 58 alteration of the bounds of said borough, - 58 PUBLIC ACTS OF THE STATE OF CONNECTICUT, PASSED MAY SESSION, 1840. PUBLISHED AGREEABLY TO A RESOLVE OF THE GENERAL ASSEMBLY, UNDER THE SUPERINTENDENCE OP THE SECRETARY OF STATE. 0tate of {ftonnatirat, 00 : OFFICE OF THE SECRETARY OF STATE, JUNE, 1840. HARTFORD : PRINTED BY CASE, TIFFANY & CO., PEARL STREET 1840. PUBLIC ACTS. CHAPTER I. An Act in relation to Agricultural Societies. SECT. 1 . BE it enacted by the Senate and House of Representatives in General Assembly convened, Every incorporated County Agricultural Society now existing, or which may be hereafter incorporated in the manner hereinafter specified, which shall have raised by contri- bution or 'tax upon individuals, not less than the sum of deties UU to d each one hundred dollars in any one year to be thereafter ex- Ji^" 13 ^^ e r |: pended for the uses of the Society, during the then cur- ceed $200 out of rent year, shall be entitled to receive in the month of annually ^nTon September of that year, out of the Treasury of the State, what conditions, a sum equal to the amount so raised by said Society : Provided, that no such society shall receive from the treasury, more than the sum of two hundred dollars in any one year. SECT. 2. The County Treasurer of each county in this State, in which there is now existing no incorpora- ted Agricultural Society, shall notify a public meeting County Treagur , to be held at such place as he may direct, in the county er to_caii county town, or one of the county towns of such county, on the an^wife^-^pu 6 " fourth Monday of August next, to form County Socie- P 0860 *"' &c - ties for the purpose specified in this act, and all the resi- dents in such county, who shall attend at the time and place aforesaid, shall be and they are hereby empower- ed (if they see fit) to form themselves into such a socie- ty, and upon complying with the provisions of this act, shall be a body politic and corporate ; may choose a President and other officers; may enact by-laws regula- ting the affairs of such corporation, not inconsistent with the laws of this State, and compel the due observance AGRICULTURE. thereof by suitable penalties ; may sue and be sued, and do all things necessary for the well ordering of the affairs of the corporation : Provided, that before any such cor- TO lodge with poration shall be entitled to the privileges of this act, secretary of they sna ll lodge with the Secretary of this State a copy State a copy of ., J . . . , - . 9 rJ articles of corpo. or their articles or corporation. SECT. 3. Every Agricultural Society which shall Agricultural so- c ^ m tne sa '^ allowance out of the public treasury, shall, cieties, how and in the month of September annually, file in the office of returns to s'ecre- the Secretary of State, a certificate signed by the tary, under oath, p res id en t and Treasurer of said Society, specifying under oath, the sum actually raised by said Society as aforesaid. And the Comptroller of public accounts is hereby authorized and directed to draw an order on the Treasurer in favor of said Society, for the sum to which such Society may be entitled. SECT. 4. Every Agricultural Society which shall receive the said allowance from the Treasury of the turai "slues' State, Sna ^ on and ec ^ ma de m tne manner prescribed in the foregoing section of this act, except that in lieu of the words " as stated in this power," used in said section, the stock- holder so offering to vote, shall state the character and amount of the intetest (if any) owned by any other per- son, copartnership or body politic in such stock. SECT. 4. The directors collectively, of any bank in this State, shall not be indebted to such bank on notes HOW much di- and bills discounted at such bank for their benefit, or for indeb r ted n to y any the benefit of any or either of them, to an amount exceed- ing one third of the capital stock of such bank actually paid in : Provided however, that nothing herein contain- ed, shall be so construed as to extend or increase the amount for which any director of any bank may be in- debted or liable to such bank, as the same is limited by the 3d section of the act in addition to an act entitled " an act concerning banks," passed in the year 1838 : Non-residents an< J no person not a resident of this State, shall be eligi- tore anVbMk ^ e or qualified to act as a director of any bank in this in this State. State. SECT. 5. Be it further enacted, That the first sec- {toTS^ISSS tion of an act > entitled "an act relative to incorporated relative to incor- banks," empowering the several banks in this State to porated banks." . . issue post notes, be, and the same is hereby repealed. Approved June 8th, 1840. WILLIAM W. ELLSWORTH. CHAPTER VII. An Act in addition to " An Act to incorporate the Windham County Bank." BE it enacted by the Senate and House of Representa- tives in General Assembly convened, That the directors 1 1 e ' re . of the Windham County Bank, be, and they are hereby . empowered to reduce the capital stock of said Bank, to face the capital a sum not less than seventy-five thousand dollars, exclu- sive of what is or may be invested therein by this State, and of such subscriptions as are authorized by the act incorporating said bank, and to adopt such measures for effecting the same as the interest of the bank, and of the public may require Provided, That such reduc- tion shall, in the first instance, be effected from the stock ^onstoc- owned by said bank, and that no stockholder, shall be ed by said Bank. required to release his stock in said bank without his consent. ,-' Approved June 4, 1840. WILLIAM W. ELLSWORTH. CHAPTER VIII. An Act in further addition to " an Act concerning Book Debts." BE it enacted by the Senate and House of Representa- tives in General Assembly convened, That the action of book debt, subject to the same regulations and restric- book he debt 10 ma/ tions as are now by law provided for such action, shall be ^rusrof a remedy concurrent and co-extensive with the action S^*"" 1 lands ' of general assumpsit for the use and occupation of houses, lands, tenements, or other real estate. Approved June 4, 1840. WILLIAM W. ELLSWORTH. 12 CIVIL ACTIONS. CHAPTER IX. An Act in addition to an Act for the Regulation of Civil Actions. BE it enacted by the Senate and House of Represen- tatives in General Assembly convened, That the reports ^ tnc judicial decisions of other States and Countries, other states, may be judicially noticed by the Courts of this State, when to be evi- j / IL i c L c A deuce in this as evidence of the common law of such fetates or Btsae - Countries, and of the judicial construction of the Stat- utes, or other laws thereof. Approved June 5, 1840. WILLIAM W. ELLSWORTH, CHAPTER X. An Act in addition to the Act entitled " An Act con- cerning Crimes and Punishments." SECT. 1. BE it enacted by the Senate and House of Representatives in General Assembly convened? That nr> writs of error to writ of error, brought to reverse the judgment rendered mem for any ca upon a conviction for any capital offence, shall supersede ^!en ffe to c< bl the execution of such judgment or sentence, unless the brought, &c. same shall be made returnable to the first term of the Supreme Court of Errors next succeeding the rendition of such judgment, to which by law, the same can be made returnable, or unless the same shall be signed and allowed by such judges of said Court as shall, at the time of such allowance, constitute a majority of said Court, qualified to act therein. SECT. 2. Whenever, by reason of the pendency of tio e ofsuch ecu suc ^ w " t ^ error duly allowed and served, such judg- judgment who ment or sentence shall not be executed at the time as- exe?ution. w &c. f signed therefor by the Superior Court rendering the COURTS. 13 same, and said judgment shall not be reversed on such writ of error, said Supreme Court of errors, after the final determination of such writ of error, whether by judgment of affirmance, discontinuance, or otherwise, shall fix and appoint the time for the execution of such judgment or sentence, and the clerk of said Court shall issue a writ of execution therefor, pursuant to the order of said Supreme Court of errors. Approved June 4, 1840. WILLIAM W. ELLSWORTH. CHAPTER XI. An Act in addition to " an act for constituting and regu- lating courts, and for appointing the times and places of holding the same." BE it enacted by the Senate and House of Representa- westbrook a lives in General Assembly convened, That the town of bate disufct pr of Westbrook shall be, and constitute a part of the probate district of Say brook. Approved June 4, 1840. WILLIAM W. ELLSWORTH. CHAPTER XII. An Act prescribing the duties of Clerks of the County and Superior Courts, in certain cases. BE it enacted by the Senate and House of Representa- Duty ofcierksof lives in General Assembly convened, That whenever conty courtL to any person shall be sentenced by the County or Superi- fyaVden of state or Courts, to commitment in the Connecticut State Prison, of an sen Prison, it shall be the duty of the Clerks of said Court, Prison tamedi- to give immediately after the rising of said Courts, no- ^'ng of tc 8 aid tlie tice of such sentence, by mail, to the Warden of said courts. Prison. Approved June 4, 1840. WILLIAM W. ELLSWORTH. 14 COURTS. CHAPTER XIII. An Act in alteration of an act entitled " an Act for con- stituting and regulating Courts, and for appointing the times and places of holding the same." SECT. I . BE it enacted by the Senate and House of Representatives in General Assembly convened, That the omratfo^call 1 present Probate District of Stratford, shall hereafter be fr1ct Pr of a Bridgt ca ^ 6( ^ an< ^ known by the name of the Probate Dis- port. " trict of Bridgeport. SECT. 2. That the town of Stratford, be. and the approbate "ofs- same is hereby constituted a Probate district by the in". name of the Probate district of Stratford. Provided, however, that all matters and business begun and enter- ed in the Court of Probate for the former district of Stratford, shall be completed therein in the same manner as though this act had not been passed ; and provided, also, that the books, papers, files, records and effects of the original district of Stratford, shall be and remain in the district of Bridgeport. SECT. 3. That so much of the act of which this is an alteration, as is inconsistent herewith, be, and the same is hereby repealed. Approved June 4, 1840. WILLIAM W. ELLSWORTH. CHAPTER XIV. An Act in alteration of an Act entitled " an Act for constituting and regulating Courts and for appointing the Times and Places of holding the same." SECT. 1 . BE it enacted by the Senate and House of Representatives in General Assembly convened, That the COURTS. 15 County Court within and for the county of Fairfield, !j e e r ? f r h ^ ing shall hereafter be holden on the second Tuesday of Au- County courts gust, at Danbury in said county, and on the last Tuesday ty. ai of December, at Fairfield, in said County ; and the Su- perior Court within and for said County shall hereafter be holden on the fourth Tuesday of September, at Dan- bury in said County, and on the second Tuesday of February in Fairfield, in said County, instead of the times now fixed by law ; and so much of the act afore- said as appoints the times of holding said County Court on the first Tuesday of January, and the times of hold- ing said superior Court on the last Tuesday of October, and on the Tuesday next following the first Monday of April, is hereby repealed. SECT. 2. Be it further enacted,, that all suits, mat- A11 suitg now ters and causes, now pending in, or returnable to, or pending or , . , , . . ,H ', brought within which shall, at any time within the next twenty days 20 days after the after the rising of this Assembly, be made returnable to sem^yftobetri- said County or Superior Courts as now established, shall ea in said courts. be entere 1 and proceeded with, at the next terms of said County or Superior Courts respectively as herein estab- tablished, in the same manner as if the times of hold- ing said Courts had not been altered. Approved June 4, 1840. WILLIAM W. ELLSWORTH. CHAPTER XV. An Act concerning the Supreme Court of Errors. SECT. 1. BE it enacted l>y the Senate and House of of Errors for Representatives in General Assembly convened, That the wfam to be hold- next session of the Supreme Court of Errors, in the en- county of Hartford, be holden in said County on the first Tuesday of July, 1840, instead of the time now by law prescribed for that purpose. SECT. 2. All process made or to be made returnable ^" C ro ^ ss a ff; i * (* i t~\ i / i i i lunjcQ io to the session or said Court, as heretofore by law, to be court as of the holden on the second Tuesday of June, 1840, and all j U ne,"&4 to meet on the election is held, and before the opening ot the electors day of election, meeting, for the purpose of admitting and registering as aud their duty- electors, those applicants only, legally qualified to be so admitted, who have attained the age of twenty-one years, since the last meeting of the board. SECT. 6. Duplicate copies of said corrected lists shall be made, authenticated by the signatures of said board, or a majority of them, one of which shall, on the Saturday next preceding the day of said Congressional election, be lodged in the office of the town clerk for _, .,..' . & , i 11 i / Duplicate lists, public inspection, and the other shall, before the open- authenticated by ing of the polls on the day of said meeting, be delivered mad^MdvviJre to the presiding officer thereof, who shall conform there- J,^e -~* e * e ~ of to in receiving the votes of the electors at such meeting, persona on said f ' ,, i i i A i list only names except so far as the same may be altered in the manner O f voters to be hereinafter prescribed, and he shall receive the votes of ^ ked> and all persons whose names are on said list, and he shall not receive the votes of any persons whose names are not on said lists, and the names of the electors voting shall be checked in the manner prescribed in the act entitled " an act to provide for the registration of the names of the electors of this State ;" and said list and checks there- on, shall be preserved in the manner specified in said act, and said board shall be in session during the time of voting, for the purposes only, which are specified in the proviso to the 14th section of said act. SECT. 7. Said board, while in session under the pro- Board to examine visions of this act, may examine witnesses and applicants ^ScaTtTunder ap ~ under oath, if thev see fit, and any person so examined, Oa !j 1 > wl ' en -iJ , i -u" r !/ i .r i suiity of wi|f ui who shall be guilty ot wilful false swearing, upon con- false swearing viction thereof, shall suffer the punishment prescribed by perjury 3 , & ty ' law for the crime of perjury. SECT. 8. All offences against the provisions of this act, shall be punished in the manner provided for the offences under like offences in the act entitled " an act to provide for j^i^ how the registration of the names of the electors of this State." SECT. 9. All acts and parts of acts relating to elec- tion, and the admission of electors, and inconsistent here- with, are hereby repealed. Approved June 8, 1840. WILLIAM W. ELLSWORTH. 20 ELECTIONS. CHAPTER XIX. An Act to provide for the Registration of the names of the Electors of this State. SECT. 1. BE, it enacted by the Senate and House of Representatives in General Assembly convened, That the selectmen and town clerk of each town in this State, who to consti- shall constitute a board to make Registration of the Jester names' names of the electors in such town, and to ascertain and and determine determine who are entitled to vote therein, for all the &c. namerfufe officers to be elected on the first Monday of April an- nually, and also of all who are entitled to vote at each successive election of electors of President and Vice President of the United States, commencing on the first Monday of November next ; and said board shall be called the board of Registration. SECT. 2. The town clerk shall officiate as clerk of who to officiate said board, and in case of his absence, said board may board-to be ""* appoint any other person clerk thereof, who shall be sworn board sworn to a faithful discharge of duty ; and the mem- swom form of _ , , , ,. <= ^ ' . . oath bers ot the board, belore they enter upon the duties herein prescribed, shall take the following oath : You each of you solemnly swear, (or affirm, as the case may be,) that you will faithfully, impartially, and according to your best judgment, perform the duties of a member of the board of Registration for the current year, in con- formity with the laws of this State. So help you God. SECT. 3. It shall be the duty of the board in each boMd, of wh'en to town, to meet by the first Monday of March annually, re e votere to* an ^ proceed forthwith by diligent inquiry, to ascertain make ji list of the names of all the electors in such town, who are le- Tod^^when'and gaily qualified to vote for all the officers to be chosen at how authentica- the next gtate e ] ect i on) ^ a i so o f those who are enti- tled to vote only for a portion of them ; and they shall complete separate alphabetical lists of such names, and lodge the same, authenticated by the signatures of the members of said board, or a majority of them, in the office of the town clerk, for public inspection, on or be- fore the third Monday of the same month. SECT. 4. In order to ascertain who are legally enti- tled to vote at the election of electors of President and Vice President of the United States in November next, ELECTIONS. 2t and at each succeeding one, said board shall meet in each town, on the Tuesday next following the first Board when to Monday of October, 1840; and on the Tuesday next f e pres I ident C Md following the first Monday of October quadriennially ^ e c u Pr | s ^ 1 of thereafter, and proceed as before named, to make out make ust, how an alphabetical list of all the electors who are entitled Seated a a nd ei to vote at such elections, which list shall be authentica- jSl lodgedaild ted in the manner named in the preceding section, and lodged in the office of the town clerk, on or before the third Monday of the same month. SECT. 5. True copies of said lists, attested by the clerk of the board, shall, on or before said third Monday . of March, and said third Monday of October, be posted electors? where up in such places as the inhabitants of the town, at any an * when posted, lawful meeting, may direct. And in case of failure to designate such places, the board shall cause copies of such lists to be posted upon three or more public places, in their respective towns. SECT. 6. It shall be the duty of the board in each town, to meet at such convenient place as they may ap- point, on the last Monday in March annually, and on the last Monday of October, 1840, and on the last Mon- day of October quadriennially thereafter, at 10 o'clock, A. M. on said days, to correct and revise such lists, and they shall remain in session for that purpose, and for the purpose hereinafter prescribed, till five o'clock, P. M. Board of Regis- jj.r -j j Lit Vi TL c tration, when 01 the said days, with the liberty 01 any necessary recess and where to during said time ; and said board may adjourn from {j^^.I^ho time to time, but shall be in session on the Saturday next ?y pp'y * ,. ,, !_.: i f A -i i XT said board, &c. preceding the said nrst Mondays or April and JNovem- ber, fiom 10 o'clock, A. M. till 2 o'clock, P. M., and longer if necessary to perfect said list, and to examine and decide upon all applications to be admitted to the privilege of elector, and to administer the oath by law provided, to those so found to be qualified. Any person claiming to be an elector in such town, shall have a right to apply to said board for the registration of his name, and also for that of any other person or persons, omitted in the Registry, and may also object to the registration of the name of any person, (either inserted by the board, or proposed to be inserted,) on the ground that such person is not legally entitled to vote in said town. Said board shall make such erasures from, and such additions to the lists, as they shall find to be necessaiy to render the same a complete and perfect registry of the electors of such town, entitled to vote at those elections, which 22 ELECTIONS. lists shall also be authenticated as aforesaid. Provided, that the name of no person shall be erased from the lists, till he shall have had a fair opportunity to be heard thereon. SECT. 7. The board shall give notice of the time and place of holding their sessions to correct and revise the Registry lists, upon the lists posted up as before directed, nouceof d timf ive an( ^ ^y advertising the same in one or more newspapers, and place to re- if any are published in the same town. And in addition vise the list. &c. . *. r-ii i t / i .,1 ill what notice to to the sessions ot the board before named, they shall felsio~non ( the a n kl a session on the day of election, before the open- wYere^d whS ' n & ^ tne e l ectors> meeting, and at the place where said and who then to meeting is held ; and whenever an adjourned meeting red> of the electors of any town shall be held for the choice of a representative or representatives to the General Assembly, said board shall also, at said place, hold a session on the day of election, previous to the opening of the meeting ; which said sessions shall be only for the purpose of admitting and registering, as electors of such towns, those applicants legally qualified to be so admit- ted, who have attained the age of twenty-one, since the last session of the board. SECT. 8. Duplicate copies of said corrected lists, shall be made, one of which shall, on the Saturday next preceding the said first Monday of April and November wheSgedami as a f resa id, be lodged in the office of the town clerk, hen duty of for public inspection ; and the other shall, before the t e och"ckname1 opening of the polls on the said first Monday of April wh e om! rsandby ( or at an y a djourned electors' meeting) and on said first Monday of November, be delivered to the presiding offi- cer of such electors' meetings, who shall conform there- to in receiving the votes for all officers to be elected at said meetings or at any adjourned meeting of the elec- tors, for choice of representatives, except so far as the same may be altered in the manner by this act pre- scribed. And said presiding officer shall receive the votes of all persons whose names are on said lists of voters as certified by said board, and he shall not receive the vote of any person whose name is not on said lists. The name of each elector, at the time of voting, shall be checked by the town clerk or one of the selectmen, or by one or more persons appointed by them. SECT. 9. The original official list of voters, as made d'Su eimu?M out b y the board and tne li st or ' sts used on the day of to be lodged with election, with the marks or checks upon the same, shall, '- by the presiding officer of said meeting, within twenty- ELECTIONS. 23 four hours after the final adjournment of the same, be adJo lodged in the office of the town clerk, where the same shall be kept on file and carefully preserved. SECT. 10. If any member of the board of Registra- tion, or if any presiding officer of an electors' meeting, or any clerk, appointed to perform the service specified in this act, shall without just or reasonable cause refuse or neglect to discharge any of the duties herein pre- ^ a *|Lj > % i i 11 f* scribed, he shall, on conviction, be subject to a fine of officiate, &c. i i i j 11 11 i * t* 1 penalty for fraud two hundred dollars, payable to the treasury of the m said officers, county in which said officer resides ; and if said mem- &c ' ber, presiding officer or clerk, shall be guilty of fraud in performing said duties, he shall be subject to a fine of five hundred dollars, payable to the treasury of this State, or to imprisonment in the county gaol, for a term of time not exceeding six months, or to such fine and imprisonment both, at the discretion of the court having cognizance of the same. SECT. 11. If any person shall wilfully give a false name, or any false answer to the board of Registra- tion, when in session, he shall forfeit the sum of fifty dollars, to be paid into the treasury of the State ; and f n e g n f Li^nfme if any person whose name is not on the Registry list, r answer to the i n ., r t -I board. &c. pen- Shall vote or attempt to vote at either or the elections aity for voting named in this act, on the assumed name of any other w, & alse person, whose name is on said list, he shall, on convic- tion, be subject to a fine of one hundred dollars, payable to the treasury of this State, and to one year's imprison- ment in the county gaol. SECT. 12. The Selectmen and Town Clerk of the several towns in this State, in lieu of the time now by law provided for that purpose, shall meet at the place of Se holding electors' meetings, or at such other place as shall C1 rks >&c- be designated by said towns, or the Selectmen thereof, on the last Monday of March annually, and on the last Monday in October, 1840, and on the last Monday in October quadriennially thereafter, at nine o'clock. A. M., of said days, for the purpose of examining and deciding upon all applications, to be admitted to the privileges of an elector, and shall continue in session for that purpose, and for the purpose herein before prescribed, till five o'clock, P. M., of said days, if so long a time be neces- sary, and may adjourn said meetings from time to time : Provided, That no person shall be admitted an elector on the said first Mondays of April and November, ex- 24 ELECTIONS. ing. cept such as have attained to the age of twenty-one years, after the last meeting of the board. SECT. 13. The board for the admission of electors, may, at their discretion, examine applicants, for said Board may ex- privilege, and witnesses who appear before them, under amine applicants ,1 / i n . . i and witnesses on oath ; and if any person shall in giving his testimony be- for faiTe d swea J r I - ty f re suc ^ board, be guilty of wilful false swearing, 'such person shall, upon conviction thereof, suffer the punish- ment prescribed by law, for the crime of perjury. SECT. 14. Every legally qualified elector of any town in this State, having resided in the State the time re- quired by law, shall be authorized to vote in any other town in the State for Governor, Lieutenant Governor, Secretary, Treasurer, Comptroller, and Electors of President and Vice President of the United States ; and any such elector, who may lawfully vote for Rep- resentatives in any town in the Congressional District in which he resides, or who shall have resided for the period of four months next preceding in such Congres- sional District, shall be authorized to vote in any town in the Congressional District in which he resides, at any election for a Member of Congress in said district ; and any such elector who may lawfully vote for Represen- tatives in any town in the county in which he resides, for whom, and^ or who shall have resided in such county for the period eieciots at to vote, of four months next preceding, shall be authorized to vote in any town in the county in which he resides, at any election for Sheriff for said county : Provided, If such elector offers his vote in any other town than the one in which he may lawfully vote for Representatives, he shall produce a certificate from the Town Clerk of the town in which he shall have been admitted an elect- or, of such his admission. And said Town Clerk and Selectmen, in addition to the sessions prescribed by this act, shall be in session during the time of voting, for the purpose of registering the names of such legally qualified electors only as reside in other towns than the one in which they offer to vote ; and the certificates re- quired by law to be produced by such electors, shall be placed in the possession of the Town Clerk, who shall preserve the same. And said board of registration shall also be in session during the time of voting, for the pur- pose of registering the names of such persons only as are electors resident in said town, entitled to vote for Representatives therein, and who have theretofore been admitted or registered as electors of said town, and ELECTIONS. 25 have been omitted on said list by mistake ; but no per- son whose name has been refused registration at any former meeting of the board, shall be permitted to make application for the registration of his name, during said p ena ity for time of voting. And if any person, being an elector, ! town >r oi shall vote in more than one town on the same day for same day, &e. Representatives or Senator, or for either of the officers named in this section, he shall, on conviction thereof, suffer imprisonment in the county gaol for the term of one year, and be subject to a fine of fifty dollars, paya- ble to the Treasury of this State. SECT. 15. The board of registration shall receive for Board of reg* their services such compensation as the town may direct, p^d?"' 110 payable out of the Town Treasury. SECT. 16. Any person who shall wilfully tear down or deface any Registry list, which shall have been posted f^g. up by order of the board of registration, in any town, try Hats, &c. shall, on conviction thereof, be subject to a fine of seven dollars, payable to the Treasurer of the Town. SECT. 17. The act to provide for the registration of the names of electors, passed May session 1839, and also the act passed May session, 1838, entitled " an act to amend the act entitled an act to regulate the election of Senators, and to divide this State into districts for that . , . , , Acts repealed by purpose, passed in 1831 ; and also all other act or parts this act. of acts relating to elections and the admission of elect- ors, inconsistent herewith, are hereby repealed : Pro- vided, That all offenders against said act or acts, or any of them, may be prosecuted, convicted and punished in the same manner as if said act or acts were not repeal- ed. Approved June 5th, 1840. WILLIAM W. ELLSWORTH. 26 ELECTIONS. CHAPTER XX. An Act respecting the duties of Presiding Officers of Electors' Meetings. SECT. I. BE it enacted by the Senate and House of Rep- resentatives in General Assembly convened, That it shall be the duty of every presiding officer of an electors' meet- tag t officer pr at ld ~ ing in any town in this State, to make out in the form fo ec makr e tripif prescribed by law, triplicate lists of the votes given for cate lists of each of the following officers, viz : Governor, Lieuten- ' hovT re^ ant Governor, Treasurer, Secretary, Comptroller, Sen- rfoT ator, Sheriff, Member of Congress, and Electors of ^fu? P res 'dent and Vice President of the United States, nish blanks to whenever said officers are to be chosen ; two of which lists shall be disposed of in the manner now provided by law: the other of said lists of votes, shall be sealed up by the presiding officer, directed to the Secretary of this State, and within two days after said electors' meeting, said presiding officer, shall cause the same to be deposit- ed in the Post office in said town, or if there be none, in the Post office of an adjoining town, for transmission by mail ; and it shall be the duty of the Secretary of this State, to furnish the necessary blank returns to the sev- eral towns. SECT. 2. In all cases where the word " duplicate" occurs in the forms prescribed by law for the return o votes to the Secretary of this State, the word " tripli- cate" shall be substituted. SECT. 3. Any sheriff who shall refuse to receive any Refusal of sher- official returns of votes for Electors of President and ^ 8 teTfor C E!e e ct- Vice President, which shall be returned to him from ore . of Pre ?i dent any town in the county, of which he is sheriff, within and Vice Presi- ,1 * . -i i i i r i i dent, and neglect te time prescribed by law for their return, or having wSTitafcit rece * e ^ the same within said time, shall neglect or re- . fuse to return said votes, or cause the same to be re- turned to the Secretary of this State, within fifteen days after said meeting, at which said votes were given, shall forfeit and pay to the Treasury of this State, the sum of two hundred dollars. ESTATES. SECT. 4. All acts and parts of acts inconsistent here- with, are hereby repealed. Approved June 5th, 1840. WILLIAM W. ELLSWORTH. CHAPTER XXI. An Act to provide for the making of Partition in certain cases, SECT. 1. BE it enacted by the Senate and House of Representatives in General Assembly convened. That in all cases in which the interest of any deceased tenant in Lands i common, or joint tenant in any lands or tenements, shall Tenantcy 01 of a have been by such tenant devised, so as to vest a free- Deceased person; , , , ' ... , , devised, how hold estate or estates therein in any devisee or devisees partition maybe thereof, with contingent interest by way of remainder, whom. 8 1 by substitution or executory devise in any other person or persons, born or unborn, the Court of Probate before which the will of such deceased tenant, in common or joint tenant is proved, or the Superior Court, which would have appellate jurisdiction thereof may, on the application of the surviving co-tenant of the premises, after reasonable notice to the devisee or devisees of such freehold estate or estates in the premises, and such other notice as such Court shall prescribe, if any, appoint a suitable person or persons, not exceeding three, to make partition of the premises ; and the person or persons so appointed, after being sworn to the faithful performance of the duties of their appointment, shall proceed to make partition thereof between such surviving co-tenant, and the person or persons having vested or contingent in- terests under such devise ; and the doings of the per- sons so appointed, when returned to and accepted by such Superior Court, or the Court of Probate, if ap- pointed by such Court, shall be binding and conclusive, not only on such co-tenant and the persons, respective- ly, having vested freehold interests as aforesaid, but upon all other persons, who may, by virtue of such de- vise, become entitled to any interest in such lands or ESTATES. tenements by way of remainder, substitution or execu- tory devise as aforesaid, and their heirs and assigns re- spectively. SECT. 2. Be it further enacted, That partition may be made in like manner, on the application of any de- visee or devisees of a freehold interest or interests in the lands or tenements holden in common as aforesaid, between such co-tenant and the devisee or devisees aforesaid, and between such devisees respectively. Approved June 6th, 1840. WILLIAM W. ELLSWORTH. CHAPTER XXII. An Act to prevent the commission of Waste in certain cases. BE it enacted by ilue Senate and House of Represen- tatives in General Assembly convened, That persons having no greater interest in real estate than for years or for life, which said interest is created by the act of the party and not by the act of the law, shall have no j.rty* C not f to he right to commit waste upon the premises, beyond what commit waste on tenants for years or life created by operation of law rty ' c ' may do, unless expressly authorized by the contract un- der which such interest is created, any law or usage to the contrary notwithstanding. Provided nevertheless, that all lights now vested in any tenant, for years or for life, shall remain as if this act had not been passed. Approved June 6th, 1840. WILLIAM W. ELLSWORTH. ESTATES. 29 CHAPTER XXIII. An Act to authorize a cession of Jurisdiction in certain Lands to the United States. Whereas, the United States, having purchased of James L. Morris, a certain tract of land, situated in Stonington borough, State of Connecticut, for the site of a Lighthouse, the said lot bounded as follows, viz ; on the east by the Salt water, on the south by lands of Elisha Faxon and Elisha Faxon Jr., on the west by a drift-way or street running northerly and southerly, and on the north by lands owned by Daniel Smith, William W. Rodman and Doct. William Hyde, containing by estimation, one and one half acres, be the same more or less : BE it enacted by the Senate and House of Represen- tatives in General Assembly convened, That the Govern- or be, and he is hereby authorized and directed to cede T & e Governor to ...... r i ' a i i i ce e la"" 8 to the the jurisdiction or this State, over the above mentioned united state* in tract of land to the United States, by deed of cession v$S255l. rv a under his hand and the seal of the State, countersigned by the Secretary of State, and in the form prescribed in the act passed in October, 1817, entitled "an Act to authorize a cession of Jurisdiction in certain lands to the United States, and for other purposes," reserving to the State the right of serving and executing within the limits of said tract, all legal process, both civil and crim- inal. Approved June 4th, 1840. WILLIAM W. ELLSWORTH. 30 ESTATES. CHAPTER XXIV. An Act concerning the Sale of Estates of Insolvent Debtors. BE it enacted by the Senate and House of Represen- tatives in General Assembly convened, That whenever the Court of Probate shall order the sale of the estate of an insolvent debtor, assigned for the benefit of cred- itors or any part thereof, the Judge may, on application mipied for bin- by tne trustee, authorize another person to sell such es- efit of creditors, tate or any part thereof, upon such person's first giving bond to such court with sufficient surety, conditioned that he will faithfully discharge said trust and pay to said trustee the sum for which such estate shall be sold ; and at any sale made by such person so authorized, the trustee may be purchaser : Provided, that whenever an application shall be made to a Court of Probate by any trustee for the appointment of another person to sell such estate, the said Court shall order said trustee to give notice by advertising in a newspaper or other- wise, as said Court shall direct. Approved June 5th, 1840. WILLIAM W. ELLSWORTH. CHAPTER XXV. An Act concerning Suits on Mortgages. SECT. I. BE it enacted by the Senate and House of Representatives in General Assembly convened, That ^ecuniir ainst wnenever anv rea l estate has been, or shall be mortgag- mortgagor before ed to secure the payment of any debt or debts, and such Sebt n isdfief 5 a mortgagee or other person holding such mortgage, by a^Tnterat? to ass ig nm . ent or otherwise, shall commence and prosecute bar farther prog- any action of ejectment to recover the possession of ESTATES. 31 such mortgaged premises, or any part thereof either against such mortgagor, or any other person or persons holding the same under him, at any time when no part of such debt or debts or interest thereon, shall be due and payable according to the tenor of such mortgage, it shall and may be lawful for the defendant in such suit, or such mortgagor, or his heirs or assigns, or any other person, whose duty it may be to pay such debt or debts, to tender the same with the interest which shall be due thereon, and the costs of such suit, to the person or persons authorized or entitled to receive the same, and such tender duly and legally made, shall be a bar to the further prosecution of such suit or action. SECT. 2. Whenever any real estate has been or shall be mortgaged as aforesaid, and such action of ejectment shall be commenced and prosecuted when a part only of H owto proceed, such debt or debts, or the interest thereon shall be due, if a part of sa i<{ ,. ^ f , mortgage money and payable, according to the tenor of such mortgage, bedue,&c. it shall and maybe lawful for the defend ant in such suit, or the mortgagor or his' heirs or assigns or any other person or persons, whose duty it may be to pay such debt or debts, to tender such part of the same as may be then due and payable with the interest which shall have accrued thereon, and the costs of such suit, to the person or persons duly authorized or entitled to receive the same, and such tender duly and legally made, shall be a bar to the further prosecution of such suit. SECT. 3. Whenever any such action of ejectment if mortgagee re - shall have been commenced, and such tender shall be [^receive^ta- made as is herein before set forth, and such mortgagee terest after the or other person or persons authorized or entitled to re- ceive such debt or debts as aforesaid, shall refuse to re- ceive the same so tendered, the holder of such debt or debts shall not be entitled to recover any interest there- after accruing thereon. Approved June 6th, 1840. WILLIAM W. ELLSWORTH. 32 FIRE, LOSS BY. CHAPTER XXVI. and who to be iable. An Act for the better security of the inhabitants of this State against losses by Fire. BE it enacted by the Senate and House of Represen- tatives in General Assembly convened, That in all suits and actions against any person or persons, or against any incorporated company, for the recovery of damages LOBS by fire, by on account of any injury to any property, whether real gin^pirooTof 611 or personal, occasioned by fire communicated by any and 'liability jbr, locomotive engine while upon or passing along any rail ami who to he i i i / r- road in this State, the fact that such fire was so commu- nicated shall be taken as full prima facie evidence to charge with negligence the corporation, person, or per- sons who shall at the time of such injury by fire, be in the use and occupation of such rail road, either as own- ers, lessees, or mortgagees, and also those who shall at such time, have the care and management of such en- gine, unless such person, persons, or corporations shall show that no negligence was at such time justly charge- able to them or those in their employment. Approved June 8th, 1840. WILLIAM W. ELLSWORTH. CHAPTER XXVII. An Act in addition to an Act entitled " an Act relating to Guardians and Minors." SECT. 1. BE it enacted by the Senate and House of Representatives in General Assembly convened, That all persons, whether of full age or not, except married wo- Devisors. (ex. L u L i i i -n cept married wo. men whose husbands are living, may, by their last will m!y afpotet 11 and testament, executed in the same manner as the guardians to i aw requires for the devise of land, appoint a guardian their minor cnil- ^ ,. . . ' , dren, fcc. or guardians to their minor children, born or unborn ; INCORPORATED COMPANIES. 33 and the person or persons so appointed, shall, upon giv- ing bond to the judge of the Court of Probate where such will is proved, with sufficient surety for the faithful discharge of his or their trust, have the same power over the person and estate of such child or children, as guardians appointed by the Court of Probate by law now have. SECT. 2. The Courts of Probate shall have power to courts of Pro- i ,. ,. , , ff. . bate may remove remove such guardians, tor good and sufficient reasons guardian for shown, and to appoint others in their place, who shall cause> &c- give bond, with sufficient surety, for a faithful discharge of their trust as aforesaid. SECT. 3. Always provided, That where the custody of such child or children, shall have been committed to ^othefmay 6 ^ the mother, by the Superior Court or by the General p? int such e uar - Assembly, she alone shall have the power of appointing such guardians, who shall receive said trust, subject to the above control of the Court of Probate, and also sub- ject to the same provisions and restrictions, and to the same power of modifying or revoking said trust in the General Assembly and the Superior Court, as said trust was subject to in the hands of said mother, at the time of her decease. Approved June 4th, 1840. WILLIAM W. ELLSWORTH. CHAPTER XXVm, An Act relating to Incorporated Companies. BE it enacted by the Senate and House of Represen- tatives in General Assembly convened, That no incorpo- rated company of this State, which may have failed to comply with the requirements of its charter, in giving notice of its meetings, or which has neglected to pass by-laws to regulate the mode of warning, and the times and places of holding such meetings, shall in consequence Confirmatory c i j- i J c c -i Ux c j U actln favor of thereof be dissolved, or forfeit the rights conferred by incorporated its charter ; nor shall its proceedings subsequent to such com P ame8 - failure or neglect, be on that account void ; but such company may be convened by notice to be given in the 5 34 INSOLVENT DEBTORS. manner prescribed by its charter for the first meeting of such company, or by a notice, specifying the time and place and object of such meeting, signed by the acting president, or if there is no such president, then by the secretary or clerk of such company, published in a news- paper printed in the county where such officer signing said notice lives, at least three weeks successively before such meeting ; and if no newspaper be published in said county, such notice shall be so published in some news- paper printed in an adjoining county ; and at such meeting it shall be lawful for such company by a major vote, to confirm all or any of its former acts, votes, by- laws, appointments and proceedings, not inconsistent with its charter or the laws of this State Provided, that nothing in this act shall revive any corporation whose powers have expired from any causes other than those above named, nor any corporation which shall have in fact abandoned and ceased to exercise the franchises granted by its charter. Approved June 6th, 1840. WILLIAM W. ELLSWORTH. CHAPTER XXIX. An Act for the further relief of honest and Insolvent Debtors. SECT. 1. BE it enacted by the Senate and House of Representatives in General Assembly convened, That it shall be lawful for any poor debtor who is unable to pay Poor debtors to the debt or demand against him in favor of any creditor court S S or creditors, to make application to the County Court in dutyTdebtoVto ^ e count y where such debtor resides, to administer to give notice &c. such debtor the oath provided by law for poor imprison- ed ^d wn^~ ed debtors, in the form prescribed in the fifteenth sec- tion of the Act entitled " an Act concerning gaols and gaolers," substituting the word " liable" for the word " imprisoned" in said form. And such debtor shall cause notice to be given to such creditor or creditors, or any of them, if inhabitants of this State ; otherwise to the attorney of such creditor or creditors, or any of them, to appear and show reason, if any they have', why such duty of Court, &c. INSOLVENT DEBTORS. 35 oath should not be administered : which notice shall be signed and served as other process returnable to said Court, and at least twelve days inclusive before the ses- sion thereof; and said Court shall proceed to inquire into the matter, and to examine the applicant on oath touch- ing the same, and if no sufficient reason appear or be shown by such creditor or creditors to the contrary, shall administer to said debtor the oath aforesaid, and cause a record to be made of the same. SECT. 2. Be it further enacted, That such debtor shall not thereafter be liable to be imprisoned on any execution issued, or which shall be issued on any judg- ment then in force, or which may thereafter be recov- ered before the Court aforesaid, or any other Court in this State, on any claim founded on contract, existing at the time of the administration of such oath, in favor of any creditor so notified, or under any writ of attach- ment on such judgment or claim, unless such creditor shall allege in his writ on such claim, and satisfy the court rendering such judgment, that such debtor has property to the amount of seventeen dollars at least, over and above what he is by law permitted to retain on the administration of such oath, on which inquiry the debtor shall be a competent witness. SECT. 3. Be it further enacted, That if any person committed to gaol on any execution issued on the judg- ment of a justice of the peace, or an alderman of the city, or of any appellate court, from the judgment of a justice of the peace or alderman, shall take the poor debtor's oath before a justice of the peace, pursuant to the provisions of the act entitled " an Act concerning gaols and gaolers," and the acts in addition thereto, such debtor shall thereupon be discharged from imprisonment, and no review shall be allowed in said cause. SECT. 4. Be it further enacted, That such debtor shall not thereafter be liable to be imprisoned on any other execution issued or to be issued, or on any other judgment then in force, or on any judgment thereafter rendered, on any cause of action within the original juris- diction of a justice of the peace, founded on contract, existing in favor of the same creditor, at the time of the administration of such oath, or any writ of attachment on such judgment or claim, unless said creditor shall al- lege in his writ on such claim, and satisfy the court ren- dering such judgment, that such debtor has property to the amount of seventeen dollars at least over and above Exemption from imprisonment of such debtors &c. Any person com- mitted to gaol on execution of a Justice of Peace, Alderman &c. taking the poor debtor's oath shall be discharg- ed and no review allowed. On what debts such debtors may afterwards be imprisoned, &c. 36 INSOLVENT DEBTORS. Review, notice, what, and how given by credi- tors. Court of re- view, by whom held. ' In cases in which a review may be had, after oath of the debtor im- prisoned on exe- cution debtor is entitled to the oath debtor not to be imprisoned on any other PJC- cution or debt then existing in favor of said creditor, &-c. When a creditor may examine poor debtor on oath touching his property &c. penalty of false swearing of the debtor. what he is by law permitted to retain on the adminis- tration of such oath, on which inquiry the debtor shall be a competent witness. SECT. 5. Be it further enacted, That in all other cases in which a review is by law allowed after the adminis- tration of the poor debtor's oath, notice of his intended review, shall be forthwith given by the creditor in wri- ting to the debtor, and application therefor, shall be made and the same shall be returnable to the court of review within five days after such oath shall have been admin- istered ; and such court of review may be held either by the Judge of the County Court alone, or by a Judge of Probate and Justice of the Peace residing in the county in which the debtor is imprisoned. And in case such notice is not given, or such application is not made and returned within the period aforesaid, such debtor shall be no longer detained. SECT. 6. Be it further enacted, That in all cases in which a review may be had, after the administration of the poor debtor's oath, to any debtor imprisoned on exe- cution, if the creditor shall not apply for a review, or having applied, if the court of review shall decide that the debtor is entitled to the oath, such debtor shall not thereafter be liable to be imprisoned on any execution in favor of such creditor for any other debt then exist- ing, or under any writ of attachment on such judgment or claim, unless such creditor shall make allegation and satisfy the court rendering such judgment, of the ability of the debtor in manner and form as is in the second sec- tion of this act provided. SECT. 7. Be it further enacted, That the provisions of the first section of the Act entitled " an Act abolish- ing imprisonment for debt, and to repeal the act therein mentioned," shall extend to all persons who may be ar- rested in any action founded on contract, whether such person shall have been a resident of this State or not, for any time prior to such arrest. SECT. 8. Be it further enacted, That in all cases in which a defendant in any such action shall apply for the administration of the poor debtor's oath as provided in this act, or in the several acts herein before mentioned, the plaintiff in such action shall have a right by himself, or his agent or attorney, to examine such defendant on oath, touching his property or the disposal thereof; and if any such debtor shall be guilty of false swearing, he MILITIA. 37 shall be deemed guilty of perjury, and shall, on convic- tion, suffer the pains and penalties thereof. Approved June 8th, 1840. WILLIAM W. ELLSWORTH. CHAPTER XXX. An Act in addition to an Act entitled " an Act pre- scribing the number of Jurymen for each town in this State." BE it enacted by the Senate and House of Represen- tatives in General Assembly convened, That the town of westbrook en- Westbrook, in the county of Middlesex, shall be, and is titled to eve ju- hereby entitled to select five Jurymen, and no more, in the manner and for the purposes prescribed in the act regulating civil actions ; and the town of Saybrook shall hereafter be entitled to select fourteen Jurymen and no more. Approved June 4th, 1840. WILLIAM W. ELLSWORTH. CHAPTER XXXI. An Act in addition to " an Act for forming and con- ducting the Military Force." BE it enacted by the Senate and House of Represen- tatives in General Assembly convened, That a court W , c 1 1 , a rt m ap " martial for the trial of field officers of the Horse Artil- tiais of Horse lery and Light Artillery, shall be appointed by the Major tHierj\ lght Ar ~ General of the Division to which they are attached. Approved June 5th, 1840. WILLIAM W. ELLSWORTH. 38 NOTES AND BILLS OF EXCHANGE. CHAPTER XXXII. An Act in addition to an Act entitled " an Act concern- ing Promissory Notes and Bills of Exchange." BE it enacted by the Senate and House of Represen- tatives in General Assembly convened, That whenever any negotiable promissory note or bill of exchange shall Negotiable , J u i 4 vT- o* j *u *u- j j c notes and bins be payable in this State, and the third day of grace on payabf e a onthird suc ^ note or bill shall fall upon a day appointed by the day of grace Governor of this State as a day of public fasting or when to be paid . i ,,1 -, '* j if said pay day thanksgiving, then, and in such case, said promissory anks - ay. iving n or fa^t 8 " note or bill of exchange, shall be held to be due and payable on the day next preceding such day of fasting or thanksgiving. Approved June 6th, 1840. WILLIAM W. ELLSWORTH. Directors of sa ' d ^' n et .y iTiuy ioa.li 10 banks, &c. fio,eoo. , CHAPTER XXXIII. An Act in addition to an Act entitled " an Act to incor- porate the Norwich Savings Society." BE it enacted by the Senate and House of Represen- tatives in General Assembly convened, That the Direc- tors of said society may, at their discretion, loan any of the moneys of said society, to either of the incorpora- ted banks in this State, notwithstanding the members of said Savings Society may be stockholders in such bank ; _ o / i i IITJ not and no director of said society, so being a stockholder as aforesaid, shall by reason of any such loan, be dis- qualified from acting as a director in said Savings So- ciety, any thing in said act to which this is an addition, to the contrary notwithstanding. Provided, that the amount so loaned to all, or either of said banks, shall not exceed at any one time, ten thousand dollars. Approved June 4th, 1840. J WILLIAM W. ELLSWORTH. 39 CHAPTER XXXIV. An Act in addition to an Act entitled " an Act to regu- late the election of Senators, and to divide this State into Districts for that purpose." BE it enacted by the Senate and House of Represen- tatives in General Assembly convened, That the town of gait of tbe ittb Westbrook, in the county of Middlesex, shall be and f r - t atorial Dis " remain a part of the nineteenth Senatorial District. Approved June 4th, 1840. WILL i AM W. ELLSWORTH. CHAPTER XXXV. An Act in addition to an Act entitled " an Act relating to Oaths." SECT. 1. BE it enacted by the Senate and House of Representatives in General Assembly convened, That the moderators of school society meetings, in such meet- ings, and the clerks of the several school societies in this State, shall be empowered to administer all the Who oaths required by law to be administered to school nunister^aths society and school district officers and to school teachers. ^nd^scho'S SECT. 2. There shall be administered to each school di st" c t officers ,ii .,1 .ii. r f 11 ,. Form of oath. society clerk an oath, m the lorm following to wit : You, A. B., being chosen clerk of the school society in the town of do swear, (or affirm, as the case may be,) that you will faithfully execute the duties of such clerk, according to your best skill and according to law. So help you God. And the like oath, mutatis mutandis, shall be administered to each school district clerk. SECT. 3. Be it further enacted, That the moderator of each school district meeting be, and he hereby is era- 40 SCHOOLS. powered, in such meetings, to administer to the clerk of such district, the oath by law in such case provided. Approved June 8th, 1840. WILLIAM W. ELLSWORTH. CHAPTER XXXVI. ed and settled. An Act in addition to an Act entitled * an Act for the regulation of School Societies, and for the support of Schools." SECT. 1. BE it enacted by the Senate and House of Representatives in General Assembly convened, That Linesand bounds whenever the boundary lines of any school district, which shall be within the limits of two or more school societies, shall not have been fully defined and settled, it shall be the duty of the several committees of such school soci- eties, to designate and define such boundary line so far as the same may be within the limits of such societies respectively. HOW boundary SECT. 2. Whenever any such school district shall, at a lines of school school district meeting, duly warned and held, request aite"ed te and ay by e any alteration to be made in the boundary line of such whom. district, the sa^me may be made by the school society within the limits of which such proposed alterations are included. Approved June 8th, 1840. WILLIAM W. ELLSWORTH. SALARIES AND FEES. 41 CHAPTER XXXVII. An Act in addition to an Act respecting the Sales of Per- sonal Property Attached. BE it enacted by the Senate and House of Represen- tatives in General Assembly convened, That in all cases where the plaintiff or defendant may apply to a judge HOW to proceed of the Superior or County Court, for an order to sell &*!?*" personal property taken by attachment, according to the JhedecJ^e^a"- provisions of the act to which this is in addition, and it taching officer, shall appear to such judge, that the officer by whom said property was attached, has deceased, or has been in any other way removed from office, such judge may designate and appoint the Sheriff of the county where such property was so attached, or either of his Deputies, to make sale of said property in the manner prescribed by said act. Approved June 4th, 1840. WILLIAM W. ELLSWORTH. CHAPTER XXXVIII. An Act in addition to the Act entitled " an Act for regu- lating Salaries and Fees." BE it enacted by the Senate and House of Represen- tatives in General Assembly convened, That each tales- Taleaman for man, while necessarily attending the County or Superi- serving on the i j i j i ii i Jury to receive or Court, having been duly returned and empannelled 75 cents per day. in the jury, shall receive for each day's attendance at SALARIES AND FEES. either of said Courts the sum of seventy-five cents, which shall be paid by the State. Approved June 8th, 1840. WILLIAM W. ELLSWORTH. s CHAPTER XXXIX. An Act in addition to u an Act for regulating Salaries and Fees." BE it enacted by the Senate and House of Represen- tatives in General Assembly convened, That whenever in what case a sheriff or other officer shall have necessarily employ- Jfficereay*- r ed an assistant or assistants in the arrest of any person tio'rfo^St- 88 d u ty charged with the commission of any crime, and the wts. necessity of such employment shall be fully proved by the oath of such sheriff or other officer before the court in which the question may arise, such court may at its discretion, allow in the bill of cost, a reasonable sum as a compensation to such assistant or assistants. Approved June 6th, 1840. WILLIAM W. ELLSWORTH. CHAPTER XL. An Act declaring valid the doings of a Town Meeting therein named. Whereas the town of Goshen, hath heretofore desig- nated and determined other places than the sign post in said town, at which notification of town meetings in said town should be set up; and whereas there was an omission to set up a notification for the annual town meeting in October, 1839, at all the places so designated GOSHEN. 43 and determined, but notification of said meeting was in all other respects according to law ; therefore, BE it enacted by the Senate and House of Represen- tatives in General Assembly convened, That none of the ConflrminR do _ doings of said town meeting, in October, 1839, either in ings of town the appointment of town officers, the granting of taxes ^n" 1 ^ m or the transaction of other business, shall be deemed void by reason of said omission ; but the doings of said meeting, if in other respects conformable to law, are hereby declared valid. Approved June 4th, 1 840. WILLIAM W. ELLSWORTH. STATE OF CONNECTICUT, ss. ) SECRETARY'S OFFICE, viz ; June 25th, 1840. $ I HEREBY CERTIFY, That I have compared the print- ed copy of the acts contained in this pamphlet, with the original acts, as engrossed and passed by the Legisla- ture, and find the same to be correct. ROYAL R. HINMAN, Secretary of State. INDEX. A. Agricultural societies, . . '.. . 3 Assessors and board of relief, duty of, , , .5 B. Banks, . . * . ; v 7, 9, 10, 11 Bills of exchange, . . . . ';. -, . 38 Board of Registration, duty of, . . . .18 powers of, i- r . y . 18 to be sworn, . . .18 Book debt, to recover rents, &c. . . % 11 Bridgeport probate district, . \ . . .14 C. Charter of the city of New Haven amended . 16 Civil actions, de sale of property at the post, 6, 1 1 Civil actions, de judicial decisions, &c. lj ,' ' ' ." 12 Clerks of courts, duty of, . . . 11 Commissioners of banks, duty of, . . 7 Comptroller de agricultural societies, . t .>.; . 4 Companies, incorporated, how revived, . . 33 Congress, representatives to, how elected, . . 18 Constables, duty of, in Hartford and New Haven, at election, ... . . . t . 17 Corporations de assessment, . . . 5, 6 Courts, . . . 8, 12, 13, 14, 15, 41 County court in Fairfield county, time of holding same, 15 Crimes and punishments, . . . .12 Debtors, insolvent, rights of, . . . ... 30 Debtor's personal estate, sale of, on execution, . . 6 Devisees, in certain cases, rights of, . . 27, 28 E. Elections in Hartford and New Haven regulated, 17 meeting to be opened at 7 o'clock, A. M. . 17 by whom warned, . . . .17 46 INDEX. Electors, . . . . . . 17, 18 Electors' meeting, to fill a vacancy in Congress, 18, 19 duty of board of registration, . . 18, 19 offences under this act, how punished, . 19 Electors, registration of, . . .20 who to form the board of registration, . . 20 powers of said board, . . .20 when to meet, and their duty, . . .20 who to vote for President of the U. S., &c. . 20 oath of the board, form of . >;...',' 20 when to meet on election of President, . 21 copies of lists of electors, where and when posted, 21 board when to meet to revise the list of electors, 21 to give notice to revise the list, . *& 22 duty of presiding officer, . : .' . 22 penalty of officers refusing to officiate, * It' 23 penalty for fraud in said officers, . . 23 qualification of electors to vote, . . 24 penalty for defacing lists, . . ; V < . 25 penalty for voting in two or more towns, . 25 Electors' meetings, duties of presiding officers, . . 26 to make triplicate lists of votes, . 26 Estates. . . .-. . .6 Execution, notice to sell personal estate, . . 6 Execution, who to issue, in supreme court, . .13 F. Fire engines on rail roads, damage by, . . 32 who to be liable for such damage, . . 32 Goshen town meetings validated, . . .42 Governor to cede jurisdiction of land to the U. States, in Stonington, . . . . .29 Guardians may be appointed by the devisors of land, when, 32 when the mother may appoint, . . 33 H. Hartford, election in, . . . .16 Horse Artillery, ... .37 Insolvent debtors, estates of, assigned, &c. . . 30 Incorporated companies, how revived, &c. . 33, 34 Insolvent debtors, . . . . 34, 35 INDEX. 47 J. Jevvitt City Bank, . ' !> r. . .| . 7 Joint tenants and tenants in common, . ri '. !r 27 Jurisdiction to the U. S. of land in Stonington, . 29 Jurymen in Westbrook, ,' . . . 37 Jurymen, fees of as jurors, . . - ?\>i 41 Light artillery, 37 OT. Militia, de court martials in certain cases, . . 37 court, how appointed, . . .37 Minors Devisors of land may appoint guardians, . 32 Mortgages, suits on, , v . , . . . .30 when mortgage debt is not due, . 31 when a part of said debt is due, . .31 in case the mortgagee refuses a tender of mortgage money, . . .31 3V. New Haven city charter, amendment of, ;,-,,. . 16 Notes and bills of exchange, ... 38 Norwich savings society, . . . .38 O. Oaths, f ^ . . . . 39 who may administer to school district officers, &c. 39 form of oath, . . .39 P. Partition in certain cases, . , . .27 President and vice-president, election of, . . 20, 24 Presiding officers of electors' meetings, duty of, . 26 Probate courts in Bridgeport and Stratford, . 14 Probate of Saybrook to include Westbrook, . . 13 Probate courts, duty of in partition of lands, . 27 Probate court, duty of to appoint trustees, &c. . 30 Probate courts, power to remove and appoint guardians, 33 Property attached, death of officer, &c. . . 41 K. Representatives to congress, how elected, " . . 18 meetings, how warned, ... 18 48 INDEX. Representatives, time given in the warning to fill a vacancy, 19 Registration board, when to meet and duty of, ^ y 18 Registration board, duty of, . . . .20 S. Salaries and fees, . . . - : 0& 41,42 Savings society of Norwich, ... 38 School district boundary line, how settled, . . 40 Secretary of state to countersign deed of cession, . 29 Secretary of state, de agricultural societies, . . 4 de elections, . . /. 26 Selectmen in Hartford and New Haven, duty of, .17 Selectmen, duty of, at elections, . . . 20,24 Sheriff, when may employ assistants, &c. . . 42 Sheriffs, duty of, and election of, . . 24, 26 in case of the death of sheriff, how to proceed, . 41 Society, agricultural, . '. . . .3,4 Stratford probate district, . . . .14 Superior court, duty of, in partition of lands, . . 27 Superior court, when held in Fairfield county, . 15 T. Talesman on the jury, fees of, . . .41 Taxes, assessment of, . . . . 5 Tenant for years, rights of, &c. . . .28 Towns, elections in, . . ._. . 17,26 Town clerk, duty of, . . :. . 17,20,24 Town meeting validated, . . . . 42 Treasurer of the county, de agriculture, . .3,4 Treasury of the state, .... 3 W. Warden of state prison, . . . .13 Waste in certain cases, .... 28 Westbrook part of probate district of Saybrook, . 13 Windham county bank, . . . .10,11 Writs of error, de capital offences, . . .12 Westbrook to have five jury men, ... 37 Westbrook a part of the 19th senatorial district, . 39 PUBLIC ACTS STATE OF CONNECTICUT, PASSED MAY SESSION, 1841. PUBLISHED AGREEABLY TO A RESOLVE OF THE GENERAL ASSEM- BLY, UNDER THE SUPERINTENDENCE OF THE SECRETARY OF STATE. Stole of (Eonnettknt, so : OFFICE OF THE SECRETARY OF STATE, JUNE, 1841, HARTFORD: PRINTED BY J. HOLBROOK, STATE STREET. 1841. CHAPTER I. An Act confirming the doings of the Assessors and Board of Relief in certain cases. Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened, That the several provisions of the act passed in 1833, entitled " An Act confirming the doings of the Assessors and r VI ""* r c T r c n u j ^u Act of 1833 re- Board ot Keliei in certain cases be, and the same enacted confir- are hereby re-enacted and extended to all cases to wing the doings which the same would be applicable if said Act were ^ c Assessors ' now first enacted : Provided, that no claim which is the subject of any suit or action now pending, shall be in any manner affected by the provisions of this Act. Approved, June 10th, 1841. WILLIAM W. ELLSWORTH. CHAPTER II. An Act in addition to, and in alteration of an Act entitled "an Act to incorporate the East Haddam Bank. Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened, That the annual meeting of the Stockholders of said Bank for The Stockhold- the choice of Directors, shall be held on the Monday ers when to hold next preceding the last Tuesday of August, eighteen * eir meet pg ujj j r , j -jj for the choice of hundred and forty one, and on said dav in each sue- Directors &c BANKS. ceeding year thereafter ; and the term of office of the Directors elected at the last annual election shall expire on said day, and the Directors elected on said day shall continue in office for the period of one year, and that so much of said Act as is incon- sistent with the provisions of this Act be, and the same is hereby repealed. Approved, June 7th. 1841. WILLIAM W. ELLSWORTH. CHAPTER III. An Act in alteration of an Act, entitled " an Act to incorporate the Thompson Bank." SECT. 1 . Be it enacted by the Senate and House of Representatives in General Assembly convened, That hereafter the annual meeting of the Stock- holders of the Thompson Bank, be held on the sec- The time of hoi- on( ^ Tuesday of October in each year, instead of the Meeting aTthe m ' st Tuesday of January, in each year, and that the Thompson terms of office of the present Directors of said Bank, Bank, &c. an( j j ne t erms o f office of the President and Cashier of said Bank, now in office, expire upon the election of the new Board of Directors on the second Tues- day of October next, any thing in said Act to the contrary notwithstanding. SECT. 2. Be it further enacted, That so much of said Act, entitled " an Act to incorporate the Thompson Bank," as is inconsistent with the provis- ions of this Act, be, and the same is hereby repealed. Approved, June 2d, 1841. WILLIAM W. ELLSWORTH. BOROUGHS. CHAPTER IV. All Act in addition to, and in alteration of the Act, entitled " an Act to incorporate the Merchants Bank." Whereas, it has been shown to this Assembly by the Merchants Bank at Norwich, that by reason of the payment of the bonus required to be paid by the charter of said Bank, and by losses heretofore sus- tained by said Bank, their capital stock does not now amount to the sum of fifty dollars on each share of said stock, as by said charter is provided. Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened, That the Directors of said Bank be, and they hereby are em- Capital stock of powered to reduce the capital stock of the same to tlie Merchants' a sum not less than one hundred and twenty thou- Bank reduced sand dollars, and the shares of said stock to a sum not less than forty dollars each. Approved, June 9th, 1841. WILLIAM W. ELLSWORTH. CHAPTER V. An Act in addition to the Act entitled " an Act in- corporating the Borough of Killingworth." SECT. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, That Austin Olcott, Esq. of said borough of Killing- worth, and in case of his absence for the space of thirty days after the passing of this Act, George Carter, Esq. be, and he is hereby authorized and em- powered to call a meeting of the freemen of the said borough to be holden for the choice of officers, at BOROUGHS. the Academy in said borough at such times in the months of May or June, A. D. 1841, as he or they may direct. A notification signed by said Olcott, How to organ- or m case ^ n * s absence as aforesaid, by said Car- ize the Borough ter, specifying the object, time, and place of said of Killing worth, meeting, and set upon the public sign post in said borough, at least five days before the day appointed for said meeting shall be sufficient notice. The said Austin Olcott, and in his absence the said George Carter shall preside at the meeting aforesaid, until a Warden shall be chosen and sworn. The freemen of said borough when con- vened as aforesaid, shall have power to appoint all such officers as they are authorized by law to ap- point at their annual meeting, and the officers so appointed shall continue in office until the next an- nual meeting of said corporation, and until others are chosen and qualified in their stead. SECT 2. And be it further enacted, That the name of the said borough of Killingworth be chan- ged to that of Clinton, and that this Act take effect from the time of its passage. Approved, May 27th, 1841. WILLIAM W. ELLSWORTH. CHAPTER VI. An Act in alteration of an Act entitled " an Act to incorporate the City of Bridgeport. Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened, That the TK , n r n enlistment of such Fire Companies as are now au- Ihe time ol en- , . , , , . r Hstment of Fire thonzed by law in said City, shall take place at Companies^in such time or times as the Court of Common Coun- SheJT'take cil of said Cit 7' mav fr m time to time d^ect, in- place. stead of the time or times now specified by said BOROUGHS. act of incorporation or by any act in addition to or alteration of the same. Approved. June 7th, 1841. WILLIAM W, ELLSWORTH. CHAPTER VII. An Act in addition to an Act entitled " an Act in- corporating the Borough of Norwalk." SECT. 1 . Be it enacted by the Senate and House of Representatives in General Assembly convened, That the Warden and Burgesses of said Borough m owered to shall have power to form and continue an addition- form an addi- al Fire Company for the further protection of the tional Fire corn- property of said Borough, to enlist or appoint a suf- jJX in Jf "iXr- ficient number of men not exceeding twenty-five, to walk, &c. fill up the same, and to make all necessary by-laws for the regulation thereof. SECT. 2. Be it further enacted, That the sever- Repealing Re- al resolves of the General Assembly passed in the So^iSTand years 1809, 1828, and 1833, incorporating the Nor- 1833*, de 'Nor- walk Fire Company, be, and the same are hereby walk Fire Corn- repealed. Approved, May 27th, 1841. WILLIAM W. ELLSWORTH. COURTS. CHAPTER VIII. An Act in addition to an Act, passed in 1840, enti- tled " an Act in addition to an Act entitled ' an Act for the regulation of Civil Actions.' " Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened, That in all cases in which any personal property taken on warrant or execution prior to the first day of Au- gust, 1840, has been sold pursuant to the posting of the officer at the end of twenty days from the time Quieting act for of posting excluding from the time of computation, illegal sales of j^g fay o f suc \ l p OS tj n or as well as the day of sale, personal prop- i n i i i /- i c A erty by officers, an " in a " cases in which, since the first day of Au- previous to the gust, 1840, any personal property so taken, has ??n of ^"f U3t> been sold pursuant to the law in force prior to that 1840 which re- , ,. lates to the time date, at the end of twenty days from the time ol of posting only, posting such sales, if in all other respects legal, shall not be deemed invalid by reason of such erroneous computation and posting, but the same are hereby confirmed and declared to be valid in law : Provi- ded, nevertheless, that nothing herein contained, shall affect any suit commenced before the present session of the General Assembly, in which the va- lidity of any such sale may be brought in question. Approved, May 25, 1841. WILLIAM W. ELLSWORTH. CHAPTER IX. An Act to constitute the town of Salem a Probate District. Be it enacted by the Senate and House of Repre- Town of Salem sentat i ves { n General Assembly convened, That the constituted a _ <-_ , y . . Probate district, town of fcalem be, and the same is hereby constitu- COURTS. ted a Probate District, by the name of the District of Salem : Provided, however, that all matters and business begun or entered in the Courts of Probate for the District of Colchester and New London shall be completed therein in the same manner as though this act had not been passed. Approved, June 9th, 1841. WILLIAM W. ELLSWORTH. CHAPTER X. An Act in alteration of an Act entitled "an Act for constitution and regulating Courts, and for ap- pointing the Times and Places of holding the same." Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened, That the town of Canton be, and hereby is constituted a Pro- bate District by the name of the District of Can- ant ? n Pr bate ton : Provided, that all matters and business begun or entered in the Court of Probate for the District of Simsbury, shall be completed therein, in the same manner as if this act had not been passed. Approved, June 7th, 1841. WILLIAM W. ELLSWORTH. 10 COURTS. CHAPTER XI. An Act to constitute the town of Ridgefiold a Probate District. Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened, That the town of Ridgefield be, and the same is hereby con- Pr stituted a Probate District, by the name of the Dis- rro- . '. J bate District, tnct of Ridgefield : Provided, however, that all matters and business begun or entered in the Court of Probate for the District of Danbury, shall be completed therein, in the same manner as though this act had not been passed. Approved, June 10th, 1841. WILLIAM W. ELLSWORTH. CHAPTER XII. An Act in addition to an Act entitled " an Act for constituting and regulating Courts, and for ap- pointing the Times and Places of holding the same." SECT. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, It shall be the duty of the Clerks of the Superior Court, within one week after the termination of the Clerks'of the winter or spring term of said Court in their respec- Superior Court tive Counties, to transmit to the Chief Judge of the to transmit a list Supreme Court a list of cases pending for trial in of cases for trial the Court f Errors next to be holden in their sev- m the Court of i >-, ,. Errors, to the eral Counties, with the names of the attorneys of Chief Judge, record in each case, together with such other infor- &c., with the niation as they may possess as to the number of names of the at. , i L j ^ i i i / -j tomies on rec- tnals expected to be had at the next term of said ord in each case, Court ; and if upon such return the Chief Judge COURTS. 1 1 shall deem it expedient, he may, at his discretion, &c. power of order that the cases which do or may stand for trial P" 'VL^! . 1111 I 1 * * ' in any county shall be tried in some adjoining coun- Counties, &c. ty, to be by him designated, during the time said Court of Errors shall hold their then session in the county so designated ; notice of which order shall be given by said Judge by causing a copy thereof to be deposited in some Post Office convenient to him, and directed to said Clerk to be transmitted by mail, and a like notice to be published in some pub- lic newspaper printed in the county from which said cases are to be removed, or if there be no newspaper printed in said county, then in a paper printed in some adjoining county, at least 4 weeks before the session of said Court in which said trials are to be had ; and the Supreme Court ot Errors may thereafter proceed to hear and render judge- ment, and issue execution in said cases in the coun- ty so designated, as they now may do in the county where said cases originated ; and upon notice of the result from the presiding Judge, the Clerk of the county from which said cases were transmitted may enter up judgement and issue execution in said cases in the same manner as if judgement had been rendered in said county. SECT. 2. From and after the first Tuesday of August next, all writs of error brought to the Su- preme Court shall be served and returned to the w , w . Clerk of said Court at least thirty days before the Error shall be sitting of the Court to which the same are made re- served and re. turnable, and being so returned may be transmitted ^, rn f d l , th . j- c , . J , Clerk of said to an adjoining county for trial in the same manner Court, as cases arising on motions in error, or motions for a new trial. SECT. 3. And said Supreme Court of Errors may make such further rules as may be necessary The c urt em - to carry more fully into effect the provisions of this ^ake^rules to act. enforce the pro- visions of this Approved, June 9th, 1841. WILLIAM W. ELLSWORTH. 12 COURTS. CHAPTER XIII. An Act concerning the Supreme Court of Errors. SECT. 1 . Be it enacted by the Senate and House of Representatives in General Assembly convened, The Supreme That the next session of the Supreme Court of Er- inHaVtford rr0rS rors ' in the count y of Hartford, be holden in said County, when county, on the first Tuesday of July, A. D. 1841, to be holden. instead of the time now by law prescribed for that purpose. SECT. 2. All process made or to be made re- turnable to the session of said court as heretofore by law to be holden on the second Tuesday of June, A. D. 1841, and all business or matters pending before said court, shall be proceeded with, heard and de- termined at said session, to be holden on said first Tuesday of July, A. D. 1841. SECT. 3. This Act shall be in force from the passage thereof. Approved, June 9th, 1841. > WILLIAM W. ELLSWORTH. CHAPTER XIV. An Act in addition to an Act, entitled " an Act for constituting and regulating Courts," and for ap- pointing the times and places of holding the same. SECT. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, Bounty uourt to . er ? s ^ a '" ^ e tnre e Judges of the County Courts be e]cted Ur an- m tn * s State, who shall be appointed annually by the General Assembly. SECT. 2. The County Courts in each county COURTS. 13 shall hereafter be held by one of the Judges of said Tne County court, assigned for that purpose, as is hereinafter County 1 "^ ^e provided. held by one SECT. 3. The Judges of said court, or a major- Judge. ity of them, shall meet annually at such time and place as the senior judge may appoint, and when so met, shall assign the counties in which they shall re- Jud s e! f to meet 1111-1 ., , J . annually, ct/c., spectively hold said courts tor the year then ensuing ; t o assign the and whenever the judge assigned to hold any term Counties for of the county court, shall by reason of sickness or a ^ Jud s e to , {_ j / , . hold Courts for other cause, be prevented from attending at the time tne yeart & c> j n and place appointed therefor, he may by an order case of sickness, in writing under his hand, direct the adjournment of &c -' ho io _^ d - such term of said court to some future time, to be when' the^enior by him appointed ; and in case the judge so assign- Judge may ad. ed shall be prevented from attending as aforesaid, journ Courts as. and shall fail to make such order for the adjourn- j^ es ofl a ui ment of said term of said court, then and in that Court. case, the senior judge of said court not so assigned, may direct in like manner, to what time said court shall be adjourned, and the same shall be adjourned accordingly. SECT. 4. And if any judge assigned as aforesaid, j t a j u d ge to hold a court in any county, shall die, or be unable should die or be from sickness or any other cause, to hold said court, unab l e to hld or to hold the same without great inconvenience, l c c ^ l \ c ' v l ar y the senior judge may vary said assignment, and de- the assignment signate another judge to hold said court in lieu of the f saitl Courts, one so assigned. SECT. 5. The judges of said court when so con- vened as aforesaid, may appoint attornies for the State, clerks and assistant clerks of said court for the respective counties ; and in case a vacancy shall occur in either of said offices when said judges shall j u dg e8 when not be so convened, the senior judge of said court convened.to ap. may appoint such attorney, clerk, or assistant clerk, P, 01 " 1 attornies, I i j u i j u n u u clerks, &c., to who on giving bond as by law required, shall hold fi) [ va c anc j es in said office until the same shall be filled by said judg- said offices, &c. es ; and if at any time during the sitting of any coun- ty court, the judge holding said court shall consider it necessary, he may appoint an attorney or assistant clerk to execute the duties of such office, at such term of said court, and for a period not exceeding thirty days thereafter, as such judge may order and direct. 14 COURTS. The Judges SECT. 6. And the judges of said court when so when convened convene( j as aforesaid, shall have power to estab- to make and ... r i_ alter rules of hsh, modify, or alter rules of practice in their re- practice, in said spective courts, and to make such regulations as they Courts, &.c. deem expedient, relative to the admission of To regulate the J - admission of at. attormes by the county courts for the several coun- tornies, &c. ties in this State. SECT. 7. When any writ of injunction shall be granted by any judge of said county court, when the same shall not be in session at the time of grant- A writ of in. m g su d wri ^ m tne county where the same is made junction grant, returnable, the judge of said court so granting said ed out of term, wr j t m ay, if he see cause therefor, designate either &c. how dissol- r. .1 -j c . , , V- ved power of * * ne J u "S es * sai " court to whom application may Judge, &c. be made to dissolve said injunction : and the judge so designated shall have the same power in the prem- ises as the judge by whom said writ may have been granted. SECT. 8. Be it further enacted, That the Coun- Powers of said ^ Courts as constituted by this act, shall and may, Court, &c. except as hereinafter provided, exercise all the pow- ers, and shall be subject to all the duties exercised by and imposed upon the said courts as now constituted. SECT. 9. All applications that shall be made after the twentieth day of June, A. D. 1841, for the appointment of a conservator of any lunatic, idiot, or distracted person, either by the relations of such idiot, lunatic, or distracted person, or by the select- men of any town, shall after the notice now pro- vided by law in such case, be made to the court of probate in the district to which such person shall be- Conservators of &' an< * ^ conservator appointed by such court lunatics, idiots, f probate shall give bond with surety, payable &c., to be ap. to the judge of such court and his successor in said e8 0in oV ed pTo J ba d t!; office for the faithful discharge of his trust, and such &c., and the ' c urt of probate may upon the application of such bond taken to conservator, order the sale of the estate of such bTte^&cfmTy idiot ' lunatic or distracted person, and all the pow- order the sale of ers now vested in the county court in relation to the lunatics estate, persons or estate of such idiot, lunatic, or distracted Sufi* P er son, shall hereafter be vested in such court of probate, provided that such notice be given as is by law required on the settlement of intestate estates, and provided always, that any person who shall be aggrieved by any order of the court of probate in COURTS. 15 the matters aforesaid, may within thirty days after the making of such order, appeal therefrom to the county court next to be holden within and for the county in which the court of probate making such order shall have been held, upon giving bond to the judge of such court of probate to prosecute his ap- peal to effect and to make good all damages in case he shall fail so to do. SECT. 10. There shall be appointed annually by the General Assembly three county commissioners in each county, who shall have all the powers, and per- Three County form all the duties, now belonging to the county Commissioners court, by the 23d section of the act to which this is to be appointed an addition ; by the llth section of the act relating annually-their r ~ D o w c rs * to sheriffs, and by the act entitled an act concerning goals and goalers and the several acts in addition thereto. SECT. 11. Each of said county commissioners within the county for which he shall be appointed shall and may exercise the same power and authori- ty which are now by law granted to a judge of the county court in relation to the administering of the Commissioners oath by law provided for poor imprisoned debtors, to administer also such power as is granted by the act entitled an ? aths . to . P r , j j-,- A ',i j i , imprisoned debt act in addition to an act entitled an act relating to ors ^ & Ctj w h en ; turnpike roads, by the act directing proceedings in turnpike roads, forcible entry and detainer, by the act respecting the forcible entries, sale of personal property attached, and by the act authorizing judges of the county courts to make or- ders of notice in certain cases. SECT. 12. When any petition shall be preferred to any county court for the laying out, alteration, or discontinuance of any highway, unless the parties shall agree as to the judgment that shall be rendered in such case, said petition shall be heard and decided p et j t j on f or ] by the county commissioners at such time and place, ing out, altera- and with such notice to those interested therein as l i on or said county court shall order and direct, and said " commissioners shall and may exercise all the powers whomto be tried now by law exercised by committees for laying out County Courts highways, and no trial as to the necessity and expe- "^ y A Set * s f ]de ri u u- u u 11 u JL thedoingsof diency or laying out such highways, shall be had be- Commissioners, fore said county court, but said court may set aside when. the doings of such commissioners for any irregular sfoUffL. 7X or improper conduct in the performance of the du-V'S/7^^ 16 COURTS. ties to them belonging. Provided, that in all appli- cations for laying out highways now pending, in which a committee or committees for laying out said highways shall have been appointed, such com- mittee or committees shall proceed to lay out the same in the same manner as if this act had not been passed. SECT. 13. No commissioner shall be disqualified from performing his duty as such in any case under erisbtereste'din tne preceding section by reason of his being related the event of a to either of the petitioners therein ; but if either of suit, how to pro- sa \d commissioners shall be directly interested in the event of said case, such county court may and shall -/--/: ^/ appoint another person or persons in the place of said commissioner or commissioners so disqualified. .' .2- 1 SECT. 14. Whenever the judge assigned to hold /If a judge of the an y term of the county court shall be disqualified to dTs^u'alifieTto " act "* tne tr ' a ' ^ anv case P enc "ng in said court, the act in a case in parties in said case by themselves or their attornies said court, how by a written agreement filed in such case, may con- to proceed. sent ^^ guc j 1 j u( jg e shall act and judge therein and thereupon ; he shall be fully authorized to act and judge in the same. SECT. 15. When the judge so assigned shall be so disqualified, and the parties shall not consent that When the com- ne sna ]j ac t an d judge therein as aforesaid, said case try 8 cases r by the if not appealable shall be heard and decided by the disqualification county commissioners, or a majority of them, not of a judge of the disqualified to act in such case, but if one only of county court, .? . . , , ,.~ , . , J , Ct said commissioners shall be so qualified, said case shall be continued to the next term of said court. SECT. 16. The salaries of said judges shall be eight hundred dollars a year, payable at the times and in the manner provided by law for the payment of the salaries of the judges of the superior court and supreme court of errors. The county commission- ers shall be allowed for their services as such three Salaries of judg- dollars per day, and the same fees shall be allowed es of co. court, to the j ud an( j c ] k f th t of pro b ate on when payable, .1 .. $3 per diem to ine appointment ot a conservator and taking bonds, commissioners as are now allowed on the appointment of an ad- for their servi. ministrator and taking bonds ; and on the granting ccs, feestojudge _r /. r and clerk of * an , ord er of sale and the allowance of a conser- ' prwbate 1 . - valor's account, the same fees as are now allowed for t* <. k -Nthe like services in relation to an administrators ac- COURTS. 17 count and granting an order for the sale of the estate of a deceased person. SECT. 17. This act shall be in force from and after the 20th day of June, A. D. 1841, and there- upon all acts and parts of acts inconsistent herewith Act when in shall be repealed. Provided, however, that the force, repeal of judges who may be appointed under this act may other acts- meet and make the assignment of counties to the judges of said court as provided by the second sec- tion of this act. Approved, June 9th, 1841. WILLIAM W. ELLSWORTH. CHAPTER XV. An Act in alteration of an act entitled " an Act for constituting and regulating Courts, and for ap- pointing the times and places for holding the same. SECT. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, That no commissioner appointed by any court of probate to receive and decide upon claims against any estate represented to be insolvent, or against the estate of any insolvent debtor assigned for the benefit of his creditors, shall be disqualified to dis- charge any duty as such commissioner, by reason of any relation by blood or marriage, or of landlord or ?, ela ! lon by . J J . . e '. . . blood' or mar- tenant to any person having a claim upon, or inter- r i age not to dis. est in such estate, if no objection be made on that qualify any com. account by any person claiming an interest in such missloner . :| a ' j-r J ^i , .1 , r i insolvent estate. estate as creditor, or otherwise, at the time of such or estate &ss \ sn , appointment ; provided nevertheless, it shall be the ed to creditors, duty of the court of probate on the application of t( ? act > &c - if not any creditor or other person claiming an interest as gudTby aper- aforesaid, at any time before the time limited by son in interest. such court for the exhibition of claims to remove In what case any commissioner or commissioners so appointed 2lf?^iK*i"k , i/ i i 'i-ii / t sioners snail D6 who may be found to be within the degrees of rela- removed. 3 18 COURTS. tionship by blood or marriage, to any creditor or person interested as aforesaid, which by the act to which this is an addition, constitute a legal disqualifi- cation of a judge. SECT. 2. If such relationship shall not be dis- covered by such creditor or claimant until after the expiration of the time limited for the exhibition of claims against the estate, application for such remo- val of such commissioner or commissioners, may be made to said court of probate at any time before In case such re. tne acceptance by said court of said commissioners lationshipshould report. And in case any commissioner shall be so not be known removed it shall be the duty of the court of pro- whenob'ec* ^ a * e * appoint other commissioner or commission- tion may be ers, in the place of the person or persons so remo- made. If a com- ved. And such commissioner or commissioners so move d n t e o r firith e e appointed, being duly sworn, shall with the remain- vacancy. m g commissioner or commissioners on said estate, if any there be, give due notice of the times and places of their meetings as the court of probate shall pre- scribe, and shall proceed to examine and allow such claims only as shall have been exhibited to the com- missioners on said estate, within the period limited and allowed by said court of probate for the exhibi- , tion of claims against the same. SECT. 3. Be it further enacted. That in all cases in which the commissioners or either of them ap- pointed bfc any court of probate to receive, and de- cide upon claims against any such estate, shall for any reason be legally disqualified to act therein, the appointment and proceedings of such commissioner or commissioners, shall not by reason of such dis- The nets of, dis- qualifications be holden to be void, but such appoint- ment and P roce edings before the acceptance of the report of such commissioner or commissioners, by the court of probate, may be set aside by such court, and shall be subject to appeal, by any person agriev- ed, as in other cases. SECT. 4. Be it further enacted, That in all ca- No objection ses \ n wn j c h gjjy commissioner or commissioners having been i 11 j. ,.,, *, _ . made, and the le g allv disqualified as aforesaid, shall have been ap- time of appeal pointed by any court of probate, and their doings commfiio^ra return . ed to ^ accepted by such court, without doings to be objection, and no proceedings shall have been had for valid. setting aside the same and the time limited by law COURTS. 19 for appealing therefrom shall have elapsed, without such appeal, the doings of such commissioner or com- missioners shall not by reason of any such disqual- ification, be holden to be void, but the same are hereby confirmed and declared valid to the same extent as they would be if such disability had not existed. But nothing herein contained shall be con- strued to effect any suit now pending, in which the validity of the proceedings of such commissioner or commissioners may be brought in question. Approved, May 27th, 1841. WILLIAM W. ELLSWORTH. CHAPTER XVI. An Act in Addition to an Act for constituting and regulating Courts, and for appointing the times and places of holding the same. Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened, That whenever in any county where more than one term is by law designated for holding the Superior and A judge of the County Courts therein, the state of the business Superior Court . * . i 11 j- . or Co. Court pending in such courts shall require an adjournment may a dj ourn to of the same pursuant to the 15th and 18th sections such term as of the act to which this is an addition, the Judge P ublic conven - holding such court, may adjourn the same to be held at such of said terms as he shall consider will most promote the public convenience. Approved, June 9th, 1841. WILLIAM W. ELLSWORTH. 20 CRIMES AND PUNISHMENTS. CHAPTER XVII. An Act in addition to an Act entitled, " An Act for constituting and regulating Courts and for appoint- ing the times and places of holding the same." Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened, That the t town of Portland shall be. and constitute a part of rortlanu a part , .. r /-*, i of the Probate the Probate district of Chatham. District of Chat- ham - Approved, June 9th, 1841. WILLIAM W. ELLSWORTH. CHAPTER XVIII. An Act in addition to an Act concerning Crimes and punishments. SECT. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, That the Supreme Court of Errors shall be, and they hereby are authorized to make and establish The Court of rules by which the expenses necessarily incurred in Er j rs au u hon " prosecutions for criminal offences before the Superi- rules foiTexpen- or Court and not particularly provided for by stat- ses in criminal ute, shall be taxed and allowed in the bills of cost in cases, before the sucn cases re gard being had so far as may be in such Supreme court, ... ,i 1111 ^ r and how taxed, taxation to the sums by law taxed and allowed for &c. other costs in criminal prosecutions. SECT. 2. Whenever any expenses shall be neces- sarily incurred in such prosecution for which no particular provision shall have been made by such Expenses not rules nor by statute, such sums shall be taxed and provided for by allowed for such expenses as the Superior Court be- -Tobe a tax r ed e if *?** which such P rosecution sha ll be had shall con- just and reason- s ^er to be just and reasonable, to be paid out of the able. public treasury, from which the cost in such case CRIMES AND PUNISHMENTS. shall be payable, but the same shall not be taxed, against the defendent in such case. SECT. 3. Whenever in any prosecution for a criminal offence before any County Court,expenses The ru ] eso f tne shall be necessarily incurred, not particularly provi- Superior Court ded for by statute, but for which, when incurred in taxing such in prosecutions before the Superior Court, the Su- ded tS forb P sat~ preme Court of Errors shall have provided by rules u t e in criminal as aforesaid, the same may be taxed and allowed by cases, to be the such County Court in conformity to such rules so es- jf cV'cotfrt" tablished as aforesaid. SECT. 4. In all cases when a requisition has been or shall be made by the Governor of this State upon the Executive authority of any other State for the delivery of any fugitive from justice, the neces- when a re q u isi- * /-i + j ^u i f tlon sna11 be sary expenses of such requisition and the removal of ma d e by the such fugitive shall be ascertained and allowed by the Governor of this Superior Court for the county within which the State on the Ex- i j u f -V u 11 L 11 j i ecutive of an- crime charged against such fugitive shall be alledged ot h er state for to have been committed, and shall be paid from the an offender, the treasury of the State. Provided, however, that no ex penses to be such expenses shall be taxed and allowed, unless the gj ate ^ allow. application to said Superior Court for such allowance ed by the Supe. shall be within one year after such expenses shall rior Court in the have been incurred. S3&. committed. Approved, May 28th, 1841. WILLIAM W. ELLSWORTH. CHAPTER XIX. An Act in addition to an Act entitled an Act con- cerning Crimes and Punishments. SECT. 1. Be it enacted by the Senate and House Nine-Pin alleys of Representatives in General Assembly convened, whethenmore or That if any person or persons shall have or keep in less pins are his or her or their custody or possession, or in any used, on penalty house or building, or its dependencies, or in any place i . , ," . . ,. T . ._. J j ,, in his, her or their occupation, any Nme-Pm Alley, CHIMES AND PUNISHMENTS. so called, or place for playing Bowles, skittles, or Nine-Pins, whether more or less than nine-pins are used in such play. Every such person so offending shall be punished by fine not exceeding fifty dollars nor less than seven dollars. SECT. 2. The selectmen or a major part of the selectmen of any town may, by an instrument in writing under their hands authorize such an alley to be kept at any place, when satisfied the same will be used solely for the purposes of health and recreation, in which case said penalty shall not be incurred, and it shall be their duty to revoke said authority, when- ever such alley shall be used contrary to the inten- tion of this act. SECT. 3. One half of the penalty recovered and actually received from any person for violation of this act, shall be paid over, under the order of the court having cognizance of the offence to the person who shall complain, and furnish evidence to any in- forming officer of such violations. SECT. 4. This Act shall take effect from and after the first day of July, 1841. The selectmen of a town em- powered to au- thorize the keeping such al- leys" for health and recreation. One half of such penalty how disposed of When to take effect. Approved, June 10th, 1841. WILLIAM W. ELLSWORTH. CHAPTER XX. An Act in addition to the Act entitled an Act con- cerning Crimes and Punishments. Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened, That if any person or persons shall willfully and designedly with intent to cheat and defraud another, utter or pass as money any false token made and executed after the general similitude of bills or checks of banking companies or corporations, intended as mon- ey, and purporting to have been issued by, or drawn upon a banking company or corporation which has COUNTY WORK HOUSES. 23 no existence, or if existing has never authorized such The altering or drafts or checks thereon, or been furnished with eyTn^ SsTto." funds for the payment thereof, and shall by means ken in simili. of such false token knowingly and fraudulently ob- t"de of bills or tain from any other person any money, goods, mer- S^companii chandise or other property, or any release or dis- & c . how furn- charge of any debt or obligation, or the giving up of ished. any promisory note or other evidence of debt, or any valuable thing whatever, the person or persons so offending, being duly convicted thereof shall be punished'in the manner provided in the 1 14th section of the act to which this is an addition, or shall suffer imprisonment in the Connecticut State Prison, for a term not less than one year nor more than three years at the discretion of the court having cognizance of the offence. Approved, June 10th, 1841. WILLIAM W. ELLSWORTH. CHAPTER XXI. An Act for the establishment and government of County Work Houses, or Houses of Correction. SECT. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, That whenever any gaol in this State, shall have been fitted and provided with suitable and adequate ac- commodations appurtenants thereto, to be used as a county work house or house of correction, the judge of the county court and the county commissioners for the county in which such gaol shall be situated shall certify the same under their hands, or the when gaols hands of a majority of them, and shall cause such be used as coun- certificate to be recorded in the records of such ty work houses, county ; and after such certificates shall have been &c> so made and recorded, it shall and may be lawful, to commit to such gaol all persons by law subject to imprisonment in such county work house or house of 24 COUNTY WORK HOUSES. correction, pursuant to the several provisions here- inafter contained. SECT. 2. Whenever any such certificate shall have been so made and recorded, it shall be the duty of the clerk of such county court, to cause the same to be published in the several newspapers printed in The duty of sa id county ; or if there shall be no newspaper prin- county clerks. ^ e( j m ga j^ coun ty, then the same shall be published in such newspaper or newspapers printed in any ad- joining county or counties, as said judge and county commissioners, or a majority of them shall order and direct. SECT. 3. The judges of the county court and the county commissioners in their respective coun- ties, may from time to time, make and establish rules Who to estab- c ' J . . r u i lisb rules to reg. wf the regulation and government of such work ulate such work house or houses of correction, and shall prescribe houses. an( j (Ji rec t as t o t ne labor to be performed by the persons committed to the same, and the discipline to be enforced therein. SECT. 4. The deputy gaoler approved as is pro- vided by the act in addition to and alteration of an act entitled an act, concerning goals and goalers, passed May session, A. D. 1837, shall be the master or keeper of such work house or house of correc- Who to keep , ., . , , . . said work hou- tlon an " sai d J u< Jg e an d county commissioners may, ses who to ap. if they shall see cause therefor, appoint an assistant pomt an assist. ma ster or keeper of such work house or house of ant master or *, ., j j. ., keeper and di. correction ; and may prescribe and direct as to the rect as to duties, duties to be performed by them respectively; and &c., to give said master or keeper, and said assistant master or bonds, &c. sub. i i i i i i i ject to removals, keeper, when required by said judge and county &c. commissioners, shall respectively give bonds with surety to the treasurer of the county, for the faithful execution of the duties of his office, and shall be sub- ject to be removed therefrom by said judge and county commissioners, when they shall consider and adjudge that there is sufficient cause for such re- moval. SECT. 5. Whenever a country workhouse or Who to appoint nou se of correction, shall have been provided as inspectors of aforesaid in any county, the judge of the county the^powerT COUr * ^ the commissioners for such county, shall &c., term of a ppoint three inspectors of such work house or said office. house of correction, whose powers and duties in re- COUNTY WORK HOUSES. 25 lation thereto, shall be the same as are in and by said act, in the proceeding section mentioned, in case of the inspectors of common gaols ; and such in- spectors shall hold said office, until others shall be appointed in their stead. SECT. 6. An account of the receipts and expen- ditures of such county work house or house of cor- Am'ts f expen- rection, shall be carefully kept, and shall be adjusted ceipmobekept and settled by said inspectors as often as once in each by whom re- year, and a copy of said accounts, so adjusted, shall adjusted once in be lodged with the county treasurer ; and said in- spectors may direct as to the manner in which said accounts may be kept by said master or keeper of said work house or house of correction. SECT. 7. Said inspectors of such work house or house of correction, shall cause an account to be kept as accurately as may be, of the avails of the labor of each person committed to the same, except Am'ts of each' convicts for crime, who may be sent to the county persons labor to work house, as provided in the 10th section of this be ke P l > avails act, and shall apply such avails, first, to pay the board how a PP lied . &c and support of such person so confined ; and the balance thereof to pay the costs of trial and com- mitment and the fine, if any there be, imposed upon said delinquent ; and if any balance shall be still remaining, said inspectors shall apply the same at their discretion, for the support of the family of such delinquent, or otherwise for his benefit. SECT. 8. All persons liable by law to be com- mitted to any town work house or house of correc- tion, under and pursuant to the act authorizing towns to erect work nouses or houses of correction, who shall have been duly convicted under said act, be- fore any justice of the peace having jurisdiction thereof, upon the complaint of a grand juror of said Who m be town, may at the discretion of such justice, be sen- committed to tenced to be committed to the town work house or the town work house of correction, if any there be in such town, or !l u ,l e , or count y . ill f* * WOrK nOUS6 to the county work house or house of correction, time of commit. there to be kept at labor for a time not exceeding ment, &c., right sixty days, and until the costs of prosecution and ' a PP eal vvnen - commitment shall be satisfied ; and any person who shall be a second time convicted, and sentenced to such confinement, may be confined for a time not ex- ceeding one hundred and twenty days, and until 4 26 COUNTY WORK HOUSES. When inspect. ors may dis- charge prison- er*, &c., and upon what terms. such costs of prosecution and commitment shall be paid and satisfied. Provided, however, that any per- son who shall be convicted as is in this section provi- ded, may appeal from the judgment of said justice of the peace to the county court next to be held within and for the county in which such justice court shall have been held on giving bond with sufficient surety to prosecute such appeal to effect, and that the per- son so convicted shall be of good behavior, and shall keep the peace. SECT. 9. Whenever the inspector of such county work house or house of correction, shall be of opinion that any person who may have been com- mitted to the same, under the preceding section of this act, has so conducted himself whilst so confined, that he should be no longer imprisoned, or when the health of such person so committed shall be such as to require that he should be discharged before the expiration of said time of imprisonment, said inspec- tors shall be, and they hereby are authorized and empowered to discharge such person from impris- onment, upon his paying and satisfying what may remain due and unsatisfied, of the costs of prosecu- tion and commitment, including his support whilst so confined ; or in case said inspectors shall be of opinion that any person so committed is unable to pay and satisfy or give security for such costs said inspectors may cause the note of said person to be taken for such costs, payable to the treasurer of the town for which such commitment shall have been made ; and discharge him from imprisonment ; and such town shall be held liable to pay and satisfy to the treasurer of the county, any balance that may remain due and unsatisfied, for the support of such person while so confined as aforesaid, and upon pay- ment thereof shall be entitled to receive such note as aforesaid. For crimes com SECT. 10. Whenever any person shall be con- mitted after the victed of any crime committed after the passage of passage of this this act, and now punishable by imprisonment in any PUn " common S a l> sucl1 person, at the discretion of the justice of the peace, or other court before which such conviction shall be had, may be punished by imprisonment in such common gaol, or in the county work house or house of correction as such DEEDS OF REAL ESTATE. 27 justice of the peace or other court shall in such case consider expedient. And upon any conviction fora crime hereafter committed, not punishable by im- prisonment, if the person so convicted shall fail to pay any fine which may be lawfully imposed, or to pay the costs of prosecution, he shall be com- mitted to such county work house or house of cor- rection, until such fine and costs shall be paid or satisfied, or until he shall be discharged from such imprisonment in due course of law. SECT. 11. Whenever any person so confined ^hen the in- shall be holden only for the payment of fine and specters may costs, and shall have no means to pay or satisfy the take the note of same, the inspectors of such county work house or anoffender i &c - house of correction, at their discretion, may take the note of such person for such fine and costs, payable to the treasury by law liable for the payment of such cost, and he shall thereupon be discharged from such imprisonment. Approved June 10th, 1841. WILLIAM W. ELLSWORTH. CHAPTER XXII. An Act to confirm Deeds and other Conveyances of Real Estate, and for other purpose. Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened, That all Confirmation of ''_ , , . bonds and deeds deeds and other conveyances ol real estate, and in- without seals, struments which purport to have been intended as &c. bonds with condition under seal, which have been executed without seal, shall be valid as though the same had been sealed : Provided that this act shall not affect any suit now pending. Approved, June 9th, 1841. WILLIAM W. ELLSWORTH. DISTRICT SSENATORIAL. CHAPTER XXIII. An Act in further addition to, and alteration of an Act, entitled "an Act to Regulate the Election of Senators, and to divide this State into Senatorial Districts for that purpose." Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened, That here- after District number four shall consist of the towns The Towns for- of New Haven, Hamden and Woodbridge. District number five shall consist of the towns of Milford, Orange, Derby, Oxford, Middlebury, Wa- terbury, Bethany, Wolcott and Southbury. District number six shall consist of the towns of Guilford, Branford, North Branford, East Haven, North Haven, Madison, Wallingford, Meriden, Cheshire and Prospect. Approved, June 10th, 1841. WILLIAM W. ELLSWORTH. ming Districts No. 4, No. 5 and 6. District No. 9, of what towns composed. District No. 10, of what towns to consist. District No. 18, of what towns formed. CHAPTER XXIV. An Act in addition to, and in alteration of an Act, entitled " an Act to Regulate the Election of Sen- ators, and to divide this State into Districts for that purpose." Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened, That here- after District number nine shall consist of the towns of Lyme, Colchester, Lebanon, Montville, Salem, Bozrah and East Lyme. District number ten shall consist of the towns of Fairfield, Bridgeport, Stratford, Huntington, Wes- ton, Trumbull, Monroe and Westport. District number eighteen shall consist of the towns of Middletown, Durham, Chatham and Portland. ESTATES. District number nineteen shall consist of the towns District No. 19, of Haddam, Chester, Clinton, East Haddam, Kil- lingworth, Saybrook and Westbrook. Be it further enacted, That the acts in relation to the election of Senators in Westport and in East Lyme respectively, entitled an Act in addition and alteration of an Act, entitled "an Act to regulate the election of Senators, and divide the State into Sen- atorial Districts for that purpose, enacted 1835," and an Act entitled an Act in addition to, and alteration of an Act, entitled "an Act to regulate the election of Senators, and to divide the State into Senatorial Repealing Districts for that purpose, enacted 1839," be, and the same are hereby repealed. Approved, June 10th, 1841. WILLIAM W. ELLSWORTH. CHAPTER XXV. An Act in addition to an Act, entitled "an Act for the Settlement of Estates, Testate, Intestate, and Insolvent." Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened, That whenever it shall appear to the Court of Probate in which the estate of any deceased person shall be in a course of settlement, that such estate consists wholly of personal property, and that after setting out to the widow of said deceased, if any there be, such necessary household furniture and other goods, by law exempt from execution, and such allow- ance for the support of the widow and family of said Sa ' e of personal deceased, as said Court of Probate shall consider ^4^**' proper, the residue of said estate will not be more f or the benefit than sufficient to pay and satisfy the debts and tax- of particular es against said deceased, due this State, the funeral P ersons - charges and the expenses of the last sickness of said deceased, with the charges of settling said estate, '30 ESTATES. said Court of Probate may order notice given to all persons interested in such estate, to appear before said Court to be heard in the premises, and if no sufficient cause be shown to the contrary, said Court shall ascertain the amount of such debts, charges and expenses, and after making such allowance for the support of said widow and family, as said Court shall deem proper, and setting out to her necessary household furniture and other goods, exempt from execution, shall order the sale of so much of said es- tate as will pay such debts, charges, and expenses as aforesaid ; and if upon due return of sales of such estate it shall be found that the whole of the same will be required for the purposes aforesaid, the set- tlement of said estate may be completed and closed without the appointment of commissioners to liqui- date the claims against said estate. Provided how- ever, that nothing herein contained shall deprive any creditor of said estate of the right of appeal from such orders or decrees of said Court of Probate. Approved, June 2d, 1841. WILLIAM W. ELLSWORTH. CHAPTER XXVI. An Act in addition to an Act, entitled "an Act for the Settlement of Estates, Testate, Intestate, and Insolvent." Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened, That If an Executor whenever the executor of any last will and testa- or Administra. ment, or the administrator of the estate of any de- Kfore thVse?" ceased P er sn has died or resigned, or been removed tlement of an ^ rom SEU d office of executor or administrator, or shall estate is closed, hereafter die, resign, or be removed from such office Judge X Pro h before the segment of the estate of such deceased bate in such person shall have been fully completed, the Court of case. Probate to which the settlement of such estate may ESTATES. 31 appertain, may appoint an administrator in the place of such administrator, or an administrator with the will annexed, in the place of such executor, who shall have died, resigned, or been removed from of- fice as aforesaid, notwithstanding the time by law limited for the granting of administration upon such estate shall have expired before such appointment. Approved, May 25th, 1841. WILLIAM W. ELLSWORTH. CHAPTER XXVII. An Act in addition to an Act, entitled "an Act for the Settlement of Estates, Testate, Intestate, and Insolvent." Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened, That the bond required to be given by any person appealing from the order, sentence, denial, decree or judgment payable, on an of a Court of Probate, or from the report of the a PP eal f " rom an commissioners in allowing or rejecting a claim or de- &c of S a Court 6 ' mand upon an insolvent estate, shall be made paya- O f Probate, &c, ble to the Judge of Probate and his successor in office. Approved, May 31st, 1841. WILLIAM W ELLSWORTH. 32 FRAUDULENT CONVEYANCES. CHAPTER XXVIII. An Act in addition to an Act, entitled "an Act in addition to an Act against Fraudulent Convey- ances." Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened, That whenever any person shall be aggrieved by the do- ings of commissioners, in allowing or rejecting any claim or demand upon any estate assigned for the benefit of creditors, pursuant to the Act in addition A person ag. to an Act, entitled "an Act against fraudulent con- grieved by do. veyances," and the matter in demand shall exceed ings of Commis- J ' , , sioners on es. the sum ot seventy dollars, such person so aggrieved, tate assigned for may within fifteen days after the report of the com- dover * missioners shall have been returned to the Court $70, may ap. f Probate, appeal to the next Superior Court of peal to Superior the County within which the debtor who shall have Court, &c. so assigned his estate, had his place of residence at the time of such assignment. Provided, however, that sufficient bond with surety shall be given by the party so appealing, payable to the Judge of Pro- bate, or his successor in office, to prosecute the ap- peal to effect, and answer all damages in case he shall not make his plea good, and the trial in said Supe rior Court of any issue in fact formed by the plead- ing of the parties, shall at the request of either party be by the Jury. Approved, May 28th, 1841. WILLIAM W. ELLSWORTH. GENERAL ASSEMBLY. 33 CHAPTER XXIX. An Act to provide for the Organization of the General Assembly. SECT. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, That it shall be the duty of the presiding officer in the meeting of electors in the respective towns in Elections to re- this State for the choice of Representatives to the turn to the See- General Assembly, to make return to the Secretary [J^names 'of 6 of State of the name or names of the person or Representatives persons who may be chosen by entering the same chosen, and in on the certificate of votes for Senators now by law what manner - required to be made and transmitted to the said Secretary. SECT. 2. Whenever the Representative or Rep- resentatives of any town shall be chosen at an ad- journed Elector's Meeting, it shall be the duty of If chosen at an the presiding officer, within two days thereafter, to toremeeting, 60 cause a certificate of the election of the person or duty of presid- persons so chosen to be deposited in the Post Office in g officer when in such town, or, if there be none, in the Post Of- J^iJ^JJng. fice of an adjoining town, directed to the Secretary of State. SECT. 3. It shall be the duty of the Secretary of State, before the meeting of the General Assem- bly, to make a Roll of the members of the House of Representatives, whose names shall have been re- turned by the presiding officer of the Elector's Secretary of meetings in manner aforesaid, or (in case of the omis- State to make sion of such return) of whose election he shall re- ^^ ^ ceive the certificate of such presiding officer at any resentatives, time before the meeting of the House of Represen- and how to be tatives, in which Roll the names of the members Jfemberdf'tJe shall be arranged in the order of the respective House, &c. Counties as heretofore customarily practised ; and a certified copy of the Roll so prepared from the certificates of the presiding officer of the Electors meetings shall be delivered by the Secretary to a member of the House of Representatives for the use of the House in the organization thereof. SECT. 4. It shall be the duty of the Secretary 5 34 LANDS. Secretary of o f State to prepare for the use of the Senate, be- S R l V f pl Z are fore the meeting of the General Assembly, a like a Koll ot the T 11 / i i ri_o i Senate, of the Koll ot the members ot the senate, whose election Senators de. shall have been duly canvassed and declared by the dared elected. B oarc j o f Canvassers, as provided in the Constitu- tion of this State. Approved, June 10th, 1841. WILLIAM W. ELLSWORTH. CHAPTER XXX. An Act in addition to an Act, entitled "an Act pre- scribing the number of Jurymen for each town in this State." Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened, That the Number of Ju- town ^ Poland, in Middlesex County, shall be, rymen in Port, and is hereby entitled to select nine Jurymen and land. no more, in the manner and for the purposes pre- scribed in the act regulating Civil Actions, and that the town of Chatham shall hereafter be entitled to select nine Jurymen and no more. Approved, June 9th, 1841. WILLIAM W. ELLSWORTH. CHAPTER XXXI. An Act in addition to an Act, entitled " an Act con- cerning Lands." SECT. 1. Be it enacted by the Senate and House of Repi-esentatives in General Assembly convened, LEATHER. 35 That no award of arbitrators hereafter made pur- When an award porting to decide the right or title, in, or boundary sh^fb^cfmis of any real estate shall be admissable as evidence for sable evidence the proof of such right, title, or boundary, unless the { 9 decide the submission of the parties to such arbitration be un- der their hands and seals, attested by two witnesses and acknowleged before a magistrate, or other proper officer, in the manner required by law for the acknowledgment of deeds; nor unless such award be in writing and under the hands and seals of the arbitrators. SECT. 2. Every such submission and award shall be recorded at length by the Register or Town Clerk Submission and of the town where such real estate lies, and shall award to be not be accounted good and effectual against any recorded &c - person or persons, but the parties to the same and their heirs, unless recorded as aforesaid. SCOT. 3. This act shall not be so construed as to ratify or impair, or in any way affect any award heretofore made. Approved, May 20th, 1841. WILLIAM W. ELLSWORTH. CHAPTER XXXII. An Act authorizing the inspection of Leather, Hides and Skins. Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened, That the several Cities in this State be, and they are here- by authorized to ordain by-laws regulating the in- make by-laws spection of Leather, Hydes and Skins, within their f r inspecting respective limits : Provided, that no penalty imposed J** e ^ J 8 for the violation of such by-law shall exceed the sum not to exceed of twenty dollars for any one offence. $20 for an of. fence. Approved, June 9th, 1841. WM. W. ELLSWORTH. 36 MUSIC. A School Fund debt fully paid, may be dischar- ged in writing by the Treasur- er &c., witness, ed and recorded &c. CHAPTER XXXIII. An Act relating to the discharge of Mortgages to the School Fund. Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened, That whenever a debt due to the State or the Treasurer thereof, for the benefit of the School Fund, shall be fully paid, and the same has been secured by mort- gage of real estate in this State, a written discharge of such mortgage under the hand and seal of such Treasurer, witnessed by two witnesses, ac- knowledged before any officer authorized to take the acknowledgment of deeds, and recorded in the records of the town where the land lies, shall be as effectual to disincumber the property from such mortgage as if the same was released by deed of quit claim. Approved, June 10th, 1841. WILLIAM W. ELLSWORTH. Capt. General empowered to form Bands of Music, one Band to each Regiment. Each Band to consist of not less than 12 or more than 25 persons, to fur- nish themselves with instru- ments to CHAPTER XXXIV. An Act entitled an Act for the organization of Reg- imental Bands of Music. SECT. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, That the Captain General be authorized and empowered to form to each of the Regiments of Militia in this State, or to so many of them as he shall think prop- er, a Band of Music. SECT. 2. Each Band so established, shall con- sist of not less than twelve, nor mere than twenty- five musicians, all of whom shall furnish themselves with suitable instruments, and shall choose a Captain MUSIC. 37 and other proper officers, who shall receive war- choose them. rants from the Commander of the Regiment to ^2211 which said Band shall be attached. warrants. SECT. 3. The commanding officer of each Regi- irr I ment to which any Band formed by the provisions , . . i 11 i i i i ii i -i out said Bands. of this Act shall be attached, shall order out said Band whenever said Regiment shall be called out. SECT. 4. The commanding officer of a Band or- ganized by the provisions of this Act, shall order said Band to assemble for practice and instruction The Captains of i A i j i v. i 11 j- ^ said Bands may at such other times and places as he shall direct, not or( j er out sa jd exceeding two days in each year, and shall have the Bands two days same power over the members of said Band for the j. n each y. ear imposition and collection of fines, and for all other ^ p^Jr uT purposes, as the commander of the companies of the collect fines &c. Militia of this State have over the members of the same. SECT. 5. Every person while he continues a member of a Band thus organized, shall be exempted from the performance of Military duty in any com- pany of the Militia of this State, and shall be subject Members to be to all and the same fines and penalties to which the exempted from members of said Militia companies are subject, and d ut ^ ^J-lsub. have the rights of notice and appeal from fines in the ject to fines, same manner as said Militia companies ; and all fines & c -> ^ ppe ^' collected from the members of said Band, shall be appropriated. appropriated for the benefit of the Band in which said fines are collected, for purchasing and keeping in repair Musical Instruments, and for teaching and instructing its members in the science of music. Approved, June 10th, 1841. WILLIAM W. ELLSWORTH. 38 NEW HAVEN. CHAPTER XXXV. All Act to amend the charter of the City of New Haven. SECT. 1 . Be it enacted by the Senate and House of Representatives in General Assembly convened, That the Court of Common Council of the city of New Haven, shall have power from time to time, as public convenience may require, to designate and fix The Common the width, course, heighth and level of Gutters, in and Council m New U p On the streets and high-ways in said city, and to Haven, powers ., , , J . ., J c ,, of: to fix width caus e the same to be paved at the expense of the of gutters in N. adjoining proprietors ; and the several provisions of Haven : to pave the Act entitled " an Act regulating the side walks in the cities of Hartford, New Haven, and Mid- dletown," are hereby extended to, and shall govern the proceedings of said Court of Common Council in relation to gutters, except so far as the same may be inconsistent with the provisions of this act. SECT. 2. The act to amend the charter of the city of New Haven, passed May session 1840, is Repealing the nere by repealed. Provided, nevertheless, that this act of 1840 : as- act shall not be in force, unless the same shall be sent required of assented to by the Mayor, Aldermen, Common to ^aHdate this Council and Freemen of said city, at a meeting legal- act, ly holden for that purpose, and the evidence of their assent transmitted to the Secretary of this State, to be recorded in the public records thereof, on or be- fore the first day of August, 1841. Approved June 9th, 1841. WILLIAM W. ELLSWORTH. M:W HAVEN. 39 CHAPTER XXXVI. An Act for the farther protection of the New Ha- ven Burying Ground, styled in the Act of incorpo- ration the New Burying Ground in New Haven. Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened, That any person who shall without the consent of the corpo- ration, wilfully and wantonly destroy, mutilate, de- face, injure or remove any tomb, monument, grave stone or other structure placed in the new burying ground in New Haven, or any wall, fence, railing, Damages done gateway, or other work for the protection or orna- ^ t H I ^e n & b c l j r in ment of said burying ground, or for the protection ; n g ground, to or ornament of any lot, tomb, grave stone, or other be punished by work within the limits of said burying ground, or fine or im P ri8 - shall wilfully and wantonly destroy, remove cut, break or injure any tree, shrub or plant, within the limits of said burying ground, or shall discharge any gun, or other fire arms within the limits, or against any part of the same, its inclosure, works or orna- ments, except on funeral solemnities, under command of a military officer, every such person so offending, shall be punished by a fine not less than one, nor more than fifty dollars, or by imprisonment in a common jail not exceeding ninety days, or by such fine and imprisonment both, at the discretion of the court having cognizance of the offence. Provided, that no Justice of the Peace for any such offence, shall inflict a greater punishment than a fine of seven dollars and imprisonment not exceeding thirty days ; 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. Approved, May 31st, 1841. WILLIAM W. ELLSWORTH. 40 PElJLAttS. CHAPTER XXXVII. An Act for the regulation of Pedlars. SECT. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, That any person going from house to house, either on foot or otherwise, carrying to sell, or exposing to r> . .. r sale, any goods, wares or merchandise, which are Description of a , i r r pedlar within the growth or manufacture or any foreign country, the Statute. or any jewelry, plated ware or essences, or any cot- ton, woolen or silk goods, (excepting only sewing silk, cotton and linen threads, woolen yarn and stock- ings, knit from such thread or yarn) which are the growth, produce or manufacture of the United States, shall be deemed a pedlar. SECT. 2. Any person who shall be a pedlar without having a license therefor, agreeably to the e s?i a .' ty incorporated with local limits, or such proportions ot the same as have not been specially incorporated, shall constitute a school society, and as such shall be Powers of. a k oc iy corporate, and respectively' have power to establish and maintain common schools of different grades ; To purchase, receive, hold and convey, any real or personal property for school society purposes ; To build and repair school houses ; To lay taxes ; To sue and be sued ; and To make all lawful agreements and regulations for the useful education of all the children of the society. Annual meet- SECT. 2. Every school society shall hold an an- mg when held. nua j mcetm g on t ne second Monday of September, or on the first Monday of October in each year, for the choice of officers, and the transaction of any business relating to such society, and shall also hold Special meeting a special meeting whenever the same shall be duly called. Who may call, ^ ne scn l committee of the society, or if there be no committee, the clerk may call a special meet- ing whenever they shall think necessary or prop- er, and they shall call a special meeting on the written request of any ten residents therein qualified to vote, which request shall state the object of call- ing the same. Place for hold- * n . . ,, . ing Society A " s ciety meetings shall be held at the usual meeting. place of holding the same, unless some other place SCHOOLS. 45 shall have been designated at a regular meeting of the society. Notice of the time and place of every annual meeting, and of the time, place and object of every special meeting, shall be given at least five days in- clusive previous to holding the same. The school society committee, or if there be no such committee, the clerk shall give the notice of Notice of meet- any society meeting, either by publishing the same j^ 8 ' ^eiT'and in a newspaper printed in the society, or by put- where given, ting the notice on a sign post therein, or in some other mode previously designated by the society. But if there be no such newspaper, nor sign post, nor other mode designated, such school committee or clerk may give the notice in such mode as they may deem proper, and the person or persons call- ing or notifying any such meeting, shall furnish the clerk of the society with a copy of such notice, on or before the day of holding the same. Every person residing in the society qualified to vote in town meeting, may vote in school society Who may vote, meeting. Every meeting may choose its own moderator, and may adjourn from time to time to meet at the Ad J urnment - same or any other place. SECT. 3. Every school society at the annual officers when meeting shall choose a clerk, a school committee of chosen, one or three persons, a board of school visitors not exceeding nine persons, a treasurer and a collector, who shall hold threir respective offices until the next Tenure of. annual meeting, and until others are chosen or ap- pointed. Whenever any vacancy shall occur in any office in the society by death, removal or otherwise, the JjgJ 110168 how school committee for the time being may fill the same in their own number or otherwise, and make return to the clerk of the society. And any person legally chosen or appointed, who shall refuse or neglect to discharge any duty imposed by this or any other act in relation to Pen ? ll y f r not schools, or the education of children, shall forfeit servingl the sum of five dollars, to be collected by the treas- urer of the society for the use of schools. SECT. 4. The clerk shall be sworn to a faithful c)erk must be discharge of the duties of his office by the modera- sworn, tor of the meeting, or by a justice of the peace ; 46 SCHOOLS. Shall keep a record of the notices and the pro- Duties and pow. ceedings of the society, a copy of which, duly at- ers - tested, shall be legal evidence in all courts ; Shall preserve on file all reports made to the so- ciety, and perform all other duties appropriate to his office. School commit- SECT. 5. The school committee shall have the tec. care and management of any property or funds be- longing to the society, and shall lodge all bonds, leas- Powers and du- & p j ^u t j CSi es, notes and other securities, with the treasurer, except so far as the same has been, or shall be, en- trusted to others by the donor or grantor, or by the General Assembly, or by the society. They shall pay to the treasurer all money which they may collect and receive for the use of schools ; They shall settle and describe the boundary lines of any new school district, or of any existing dis- trict, or parts of a district within their limits, where the lines are not now settled and described, when applied to by the district, and shall cause the same to be entered on the records of the society ; They shall designate the time, place, and object of holding the first meeting of any new district ; They shall give due notice of all meetings of the society ; They shall make return of the number of per- sons over four, and under sixteen years of age in said society, to the comptroller, and draw orders on the same for any portion of public money due to said society, as hereinafter prescribed ; They shall draw all orders on the treasurer of the society, and perform all other lawful acts which may be required of them by the society, or which may be necessary to carry into full effect the pow- ers of school societies. Treasurer must SECT. 6. The treasurer, when required, shall give bonds. give bond in such amount as shall be prescribed by the society, and with such sureties as shall be ap- proved by the school society committee, for the faithful discharge of his duty : Powers and du- Shall receive and take care of all money, leases, ties. bonds, notes and other securities of the funds or property of the society, except those specially en- trusted to others by the donor or grantor, or by law, and deliver and pay over the same to the order of SCHOOLS. 47 the committee, and render his account at the annual meeting. SECT. 7. The collector shall collect and pay to Collector. ^ the Treasurer all taxes or rates laid by the society, and by a warrant from a justice of the peace shall have the same power to collect and levy such taxes in and beyond the limits of such society, as collect- ^ GIS ors of town taxes, and be liable in the same way for refusal or neglect. SECT. 8. The board of visitors shall prescribe School visitors rules and regulations for the management, studies, must prescribe books, classification and discipline of the schools in ru the society ; Shall themselves, or by a committee by them appointed for this purpose, examine all candidates Examine teach- as teachers in the common schools of such society, crs. and shall give to those persons with whose moral character, literary attainments, and ability to teach they are satisfied, a certificate setting forth the Give certificates branches he or she is found capable of teaching: Provided, that no certificate shall be given to any person not found qualified to teach reading, writing, arithmetic and grammer thoroughly, and the rudi- ments of geography and history ; Shall visit all the common schools of said society Visit schools. twice at least during each season for schooling, once within four weeks after the opening, and again within four weeks proceeding the close, the school, at which visits they shall examine the register of the teacher, and other matters touching the school house, library, studies, discipline, mode of teaching, and improvement of the school ; Shall annul by a major vote of said visit ors, the Annul certifi- certificates of such teachers as shall be found un- cate8 ' qualified, or who will not conform to the law and the regulations adopted by the visitors ; Shall make out returns of the condition of each Make returns to common school within their limits, in such particu- bo . ar ^ of com ' , . , f. I . . nussioners. Jars, and at such times, as the board or commission- ers of common schools may specify and direct ; And shall submit to the society at their annual Submit an an. meeting, a written account of their own doings, and nual Re P rti of the condition of the several schools within their limits for the year proceeding. The board of visitors may appoint a committee of 48 SCHOOLS. School of a higher order. Appoint sub one or two persons, to exercise all the powers, and committee. perform all the duties of said visitors, subject to their rules and regulations ; and such committee shall re- Compensation, ceive one dollar each per day for the time actually employed in performing said duties, and such other compensation as the society may direct, to be paid out of the income of the town deposite fund, or in any other way which said society may provide. SECT. 9. Whenever a common school of a high- er grade, for the older and more advanced children of either sex, shall be established and maintained by any society, such school shall be subject to the man- agement of the board of visitors, unless otherwise directed by the society, and shall receive such pro- portion of all money provided for the support of common schools in such society, as the number of scholars attending such high school shall be to the whole number attending all the other common schools of the society. SECT. 10. Every school society may establish and maintain a library for the use of the children thereof, under such rules and regulations as said so- ciety may adopt, and such library may be kept to- gether at some convenient place, or be distributed into several parts, for the convenience of the several districts. SECT. 11. Whenever the boundary line be- tween any two school societies is not clearly settled and defined, it shall be the duty of the school com- mittees of such societies to settle and define the same ; and in case they cannot agree, said commit- tees shall appoint some disinterested person or per- sons to settle and define said line, whose decision shall be final ; and the boundary line thus settled and defined, shall be entered on the records of the two societies. School Society Library. Boundary lines how settled. School districts how formed &c. II. SCHOOL DISTRICTS. SECT. 12. Each school society shall have power to form, alter, or dissolve school districts within its limits, and any two or more societies may form a district of adjoining portions of their several socie- ties, and may alter and dissolve the same ; and such SCHOOLS. 49 district shall belong to the society in which the To what 80C " e - school house shall be situated. Provided, that no **" new district shall be formed with less than forty NO district with persons, over four, and under sixteen years of age ; less than forty nor shall any existing district, by the formation of a chlldren< new one, be reduced below the same number of like persons. Provided further, That no alteration shall be made in the limits of any district incorporated by incorporated special act of the General Assembly, unless such al- district how al- terations be asked for or confirmed by a meeting of tered> said district warned for that purpose. SECT. 13. When any two or more districts shall 4-*.^ proper. be consolidated into one, the new district shall own ty of the several all the corporate property of the several districts. districts. When a district shall be divided, the funds and prop- , ,. , . , , ' , r u i Property of di. erty, or the income and proceeds thereof, belonging v ided districts. to such district, shall be distributed among the seve- ral parts, in proportion to the number of persons between the ages of four and sixteen in each, and in case the distribution shall not be made before the district is divided, and the several parts cannot agree, the committee of the school society shall dis- tribute the same. SECT. 14. Every school district shall hold an Annual meeting annual meeting on the first Tuesday of September when held- in each year, for the choice of officers, and for the transaction of any other business relating to schools in said district, and shall also hold a special meeting ~ i L 11 i j i Special meeting whenever the same shall be duly called. The district committee may call a special meeting whenever such committee shall think necessary or when called, proper, and shall call a special meeting on the written and by whom, request of five residents therein qualified to vote, which request shall state the object of calling the /' same. _, District meetings shall be held at the district Place ofho i d . school house. If there be no school house, the ing meetings, committee shall determine the place of meeting. If there be no committee, the clerk shall determine the same. If there be no committee and no clerk, the committee of the society to which such district be- longs shall determine the place of meeting, which shall in all cases be within the limits of the dis- trict. Notice of the time and place of e\ery annual Nonce of annu. 50 SCHOOLS. al meeting. Of special meet- ing. Who shall give notice. Manner in which notices shall be given. Who may vote. Adjournment. Names, &c. of districts must be recorded. Boundary lines, how settled. Powers of school districts, Purchase &c. property. Build &c. school houses. Maps and globes. School library. Teachers. meeting, and of the time, place, and object of every special meeting of the district, shall be given at least five days inclusive, previous to holding the same. The district committee, or if there be no such committee, the clerk, or if there be no committee and no clerk, then the committee of the society shall give the notice of a district meeting either by pub- lishing the same in a newspaper printed in the dis- trict, or by putting the notice on the district school house, or on the sign post within the district, or in some other mode previously designated by the dis- trict ; but if there be no such newspaper, school house, nor sign post, nor other mode so designated, then the committee of the school society to which such district belongs, shall determine how and where the notice shall be given. Every person residing in the district qualified to vote in town meeting, may vote in district meet- ings. Every meeting may choose its own moderator, and may adjourn from time to time, to meet at the same or some other place. SECT. 15. The name or number and limits of every school district, shall be entered on the records of such district, and on the records of the school so- ciety to which such district belongs. Whenever the boundary lines of any district are not clearly settled and defined, the school commit- tee of the society in which the district is situated, shall settle and define the same ; and when parts of such district lie in two or more societies, the com- mittee of the school society in which any such part is situated, shall settle and define the boundary lines of such part. SECT. 16. Every school district shall be a body corporate, and shall have power to sue and be sued ; To purchase, receive, hold and convey any real or personal property for school purposes ; To build, purchase, hire and repair school houses, and to supply she same with fuel, furniture and other other appendages and accommodations ; To purchase maps, globes, black boards, and other school apparatus ; To establish and maintain a school library ; To employ one or more teachers ; SCHOOLS. 51 To lay taxes, and to make all lawful agreements La y taxes - and regulations for establishing and conducting schools, not inconsistent with the regulations of the Regulation of school society to which such district belongs. schools. SECT. 17. Each school district shall choose, at nff . f , . . (Jmcers or the annual meeting, a committee of not more than school districts, three residents of the district, a clerk who shall be sworn, a treasurer and collector, who shall hold their Tenure of of- respective offices until the next annual meeting, and fice> until others are chosen or appointed ; and any per- son so chosen who shall refuse or neglect to perform p , f the duties of the office, shall pay five dollars to the serving, treasurer of the district, for the use of said district ; provided that any new district may choose their of- ficers at their first, or at any subsequent meeting called by a committee of the society, who shall hold their office till the next annual meeting of school dis- tricts. SECT. 18. In case any district at the time for the annual meeting, shall fail or neglect to appoint all or Vacancies, how any of the officers required by this act, or any va- filled - cancy shall occur by death, removal from the dis- trict, or otherwise, it shall be the duty of the com- mittee of the school society to which such district belongs to make such appointment, and to fill such vacancy, on receiving written notice thereof from any three members of the district, and lodge the name or names of such officers so appointed, with the district clerk. District commit- SECT. 19. The district committee shall give no- Q^ e notice of tice of all meetings of the district in the manner pre- district meet, scribed ; in i 8 - Shall, unless otherwise directed by the district, ^ ploy te employ one or more qualified teachers ; provide Provide school suitable school rooms, and furnish the same with fuel rooms. properly prepared ; Shall visit the schools by one or more of their Visit schools. number, twice at least, during each season of school- ing ; Shall see that the scholars are properly supplied gee that bookg with books, and in case they are not, and the pa- are provided, rents, guardians or masters, have been notified there- of by the teacher, shall provide the same at the expense of the district, and add the price thereof to SCHOOLS. Snspend or ex- pel bad pupils. Give informa- tion, &c. Clerk, treasurer and collector. Powers and du- ties of. Site of school house, how de- termined. the next school tax or rate of such parents, guar- dians, or masters ; Shall suspend during pleasure, or expel from school during the current season, all pupils found guilty on full hearing, of incorrigibly bad conduct ; And shall give such information and assistance to the school committees and visitors of the society, as they may require, and perform all other lawful acts as may be required of them by the district, or which may be necessary to carry into full effect the pow- ers and duties of school districts. SECT. 20. The clerk, treasurer and collector of each school district shall exercise the same powers, and perform the same duties in their respective dis- tricts, as the clerk, treasurer and collector of school societies do in their respective societies. SECT. 21. The vote of two thirds of any legal meeting shall be necessary to fix the site of a new school house, or to change the site of an old one ; but if such vote of two thirds cannot be obtained in favor of any site, the committee of the school society, or the committees of the school societies, in which such district is located, on application of the district, shall fix the site, and make return thereof to the clerk of the district, and to the clerk of the society in which such site shall be. Union districts. How formed. Powers of. Annual meet- ing. UNION DISTRICT. SECT. 22. Any two or more adjoining school districts may associate together and form a union district, with power to maintain a union school, to be kept for the benefit of the older and more advanced children of such united districts, if the inhabitants of each of such districts shall, at legal meetings called for that purpose, vote to form such union. SECT. 23. Any union district thus formed shall have all the powers of other school districts, and shall hold its first meeting for the choice of officers and the transaction of any other business on such notice, and at such time and place as may be direct- ed by the committees of the districts thus united. SECT. 24. The annual meeting of such union dis- trict shall be held at such time and place, and upon such notice, as the district may presci ibe ; and no- SCHOOLS. tice of all meetings shall be given as provided for in Notice of school the case of school districts. J^jfi how SECT. 25. Every union district may choose a Officers, committee of one or three persons, a clerk, a treas- urer, and a collector, who shall have all the powers, Powers of. and discharge all the duties in reference to such dis- trict, which like officers have and discharge in other school districts. SECT. 28. The union district committee shall Management determine the age and qualification of the children and superinten- who may attend the union school, and make rules ^^, of union and regulations for the studies, books and discipline of the school, subject to the regulations of the visit- ors of the school society to which said union district belongs, and to any vote of the district. SECT. 27. Every union shool schall receive Pr p rtion of c if , c public money such proportion ot ail money accruing to the use of belonging to each of the united districts, as the number of chil- union school. dren attending the union school from each of said districts, is to the number attending the district school in each ; and the expense of sustaining the school beyond the amount thus received, shall be Ex Pfnse of, be- borne by the union district, in such manner as the celpts of public legal voters of the same shall prescribe ; and a tax money, how or rate for this purpose may be assessed and collect- borne - ed in the same manner as in the case of any other school district. III. TEACHERS. Teachers must SECT. 28. No teacher shall be employed in any have certificate school supported by any portion of the public money, of qualification, until he or she has received a certificate of examin- ation and approbation, signed by a majority of the board of visitors, or by all the committee by them appointed, nor shall any teacher be entitled to draw any portion of his or her wages, so far as the same is paid out of any public money appropriated by law to schools, unless he or she can produce such certifi- cate, dated previous to the opening of his or her When a new school ; provided that no new certificate shall be certificate is not necessary, when the teacher is continued in the same re< i uired - school more than one term, unless the visitors shall require it. SCHOOLS. Must keep re- gister. Make out an abstract of the SECT. 29. It shall be the duty of every teacher in any common district school, to enter in a book, or a register to be provided by the clerk at the ex- pense of the district, the names of all the scholars attending school, their ages, the date when they com- menced, the length of time they continue, and their daily attendance, together with the day of the month on which such school was visited by the school vis- itors of the society, or committee by them appointed, which book, or register, shall be open at all times to the inspection of all persons interested, and be de- livered over by the teacher at the close of the term, to the district clerk, together with a certified ab- stract, showing the whole number of pupils enrolled, the number of males and femals, and the average daily attendance ; and it shall be unlawful to pay any teacher more than two-thirds of the amount due for any term of tuition, until said book and cer- tified abstract shall be placed in the hands of the district clerk. Income of the school fund to be divided among the school societies according to enumeration. District com- mittee must make an enu- meration in August, annu. ally. Who may be enumerated. Who shall not be enumerated IV. STATE APPROPRIATION; TAXATION; EXPENSES. SECT. 30. The income of the school fund, after deducting all expenses attending its management, shall be divided by the comptroller of public ac- counts, with the advice of the commissioner of the school fund, and distributed among the several school societies, in proportion to the number of persons be- tween four and sixteen years of age, as ascertained by the school committee of each society, in confor- mity with the provisions of this act. The district committee shall annually, in the month of August, ascertain the name of every per- son over four, and under sixteen years of age, who shall belong to such district on the first Monday of said month, and compose a part of the family of his or her parents, guardians, or employers, together with the names of such parents, guardians, or em- ployers, and shall make return of the same to the committee of the school society to which such dis- trict belongs, on or before the first day of Septem- ber ; provided, that in such return, no person shall SCHOOLS. 55 be included who are residing in such district to at- tend private school, or for other temporary purpo- ses ; but such persons shall be enumerated in the district where their parents or guardian resides. when the clerk In case of the absence or inability of the district of the district committee to make the enumeration and return ma y make the above required, it shall be the duty of the clerk of enumeration - . the district to do the same, in the manner and within the time before described. When one of Whenever the committee and clerk of any school tne society's district, shall omit to return to the committee of the make" th^'me! school society, the enumeration of children in their respective districts, within the time prescribed by law, it shall be the duty of one of the committee of such school society to make such enumeration, be- fore the tenth day of September following, and to return the same to the committee of such society ; Compensation and for making such enumeration, said committee- for making enu- man shall be entitled to receive five cents for each meration. child so enumerated, to be paid from the next divi- dend belonging to said district, which may there- after be received from the town deposite fund. The return The return above required to be made to the u d st s ^ e orn i f ied committee of the society, shall be subscribed by the beforTa^magis. person making the same, and sworn to before a ma- trate. gistrate, according to the following form : " I do hereby certify, that I have carefully enumer- ated according to law, all persons between the ages Form of return> of four and sixteen, within the school district, and do find, that on the first Monday of August, A. D. there were residing within said district, and belonging thereto, the number of persons, between the ages aforesaid. A. B. " On this day of A. D. personally appeared, the above named and made oath the to truth of the above return by him subscribed. Before me, C. D. Justice of the Peace." The committee of the school society shall exam- ine and correct the returns made to them, so that must examine no person be enumerated twice in different districts, and correct re. or be improperly returned, and shall prepare and e tc transmit to the Comptroller of Public Accounts, on or 56 SCHOOLS. before the fifteenth of September annually, a certi- ficate, in which the number of persons shall be in- serted at full length, and which shall be sworn to, Form of return, according to the following form, to wit : " We, the committee of the school society in the town of do certify, that from the returns made to us, under oath, as by law provided, we find that on the first Monday of August, A. D. there were residing within said society, and belonging thereto, the number of persons, between the ages of four and sixteen years ; and from the best information we have obtained, we verily believe that the said number is correct. ) School society ) committee." " On this day of A. D. person- ally appeared the above named committee, and made oath to the truth of the above certificate, by them subscribed. Must lodge re- C. D. Justice of the Peace." turn with treas- urer of aociety. The gchool gociety comm ittee shall lodge the re- Comptroller tu r ns made to them, with the treasurer of the so- ehall draw or- c i e ty- deronthe SECT. 31. The Comptroller of Public Accounts, treasurer m fa- on application of the committee of any school socie- vor of school so- . J cieties. ty, shall draw and order on the treasurer for the amount which such school society may be entitled to, of all moneys appropriated by law for the benefit, support and encouragement of common schools, which may be in the treasury on the first days of March and October annually ; provided, that no or- der shall be drawn in favor of any society, until the committee of such society shall certify in writing, under their hands, in the words following, to wit : " We, the committee of the school society, in the town of do certify, that the schools in said society, have been kept for at least four months in the year, ending the thirtieth day of September last, by teachers duly examined and ap- proved, and have been visited according to law ; and that all the moneys drawn from the public treasury SCHOOLS. 57 by said society, for said year, appropriated to school- ing, have been faithfully applied and expended, in paying the wages of said teachers, and for no other purpose whatever. Dated at the day of A. D. ) School society ] committee. To the Comptroller of Public Accounts." Whenever the school in any school district shall not be kept according to law, the committee of the Modification of society, to which such district belongs, shall, in their certificates certificate or certificates to the Comptroller for the when a district year following, state such fact, and also the number of j^ s t n a c b c e e r di nff children enumerated in such district ; and the Comp- t o law. troller, when application is made for the school mon- eys payable to such society, for said year, shall de- duct from the whole number of children enumera- ted in such society, the number contained in such district, and shall draw an order, for the benefit of the remaining districts in such society. SECT. 32. Every school society, in lawful meet- ing, may authorize the committee of the society to School money draw an order on the society treasurer, in favor of to b ^ distributed such districts as have kept their schools in all re- according to the spects according to law, for their proportion of enumeration, or all the public money appropriated to the use of the sch o1 . at - , i , i i !*.{. -ii tendance in schools, in the hands or the treasurer, either in pro- eacn> portion to the number of persons between the ages of four and sixteen in such districts, or to the num- ber of persons who shall have attended the common school or schools in said district during the year pre- ceding ; Provided, That whenever, by the foregoing rules Small districts of distribution, the share of school money for any may be allowed small district for any one year, will not amount to fifty dollars - fifty dollars, it shall be in the power of the society to which such district belongs, to grant and allow out of the school money to such small district, so much as will give to the same any sum not exceed- ing fifty dollars. And provided further, That no school district Condition on shall be entitled to any portion of the public money, which school unless the school in such district has been kept by a d^ 01 ^ 1 teacher or teachers duly qualified, for at least four money 8 58 SCHOOLS. months in the year, and visited twice during each season of schooling, by the visitors of the school so- ciety, nor until the district committee shall certify that the public money received by the district, for the year previous, has been faithfully applied and expended in paying the wages of such teacher or teachers, and for no other purpose whatever. SECT. 33. If any money appropriated to the School money U se of schools, shall be applied, by a school society, be ^recovered "b* or a scno l district, to any other purpose, the same Comptroller for shall be forfeited to the State, and it shall be the duty the use of of the Comptroller to sue for such money, in behalf schools. O f tne St a t e) t be applied to the use of schools. SECT. 34. If any committee shall, at any time, . r fraudulently make a false certificate, by which mon- Penalty for ma- L n u j c ^u e ..u o* king false certi- e y shall be drawn from the treasury of the fetate, ficate. each person so fraudulently making such false certi- ficate, shall forfeit the sum of sixty dollars to the State, to be recovered by action of debt, on this statute ; and it shall be the duty of the Comptroller to bring a suit to recover the same. SECT. 35. Whenever the expense of keeping a Expense of common school by a teacher or teachers duly quali- schopls over fied, shall exceed the amount of all moneys provided public money j o d e f ra y the expenses of such school, the committee may be assess- J . y j n 11 u-ii c ed by commit- ma y examine, adjust, and allow all bills of expense tee, on the pa- incurred for the support of said school, and assess rents or guardi- j ne same upon the parents, guardians, and masters ansofthe chil- f i i-A , j *u (jren. i sucn children as attended the same, according to the number and time sent by each. SECT. 36. Whenever the contingent expenses of Contingent ex- any school district, arising from repairs of school penses under house or its appendages, books, costs, damages, or twenty dollars .1 i 11 may be assess. an 7 other source, shall not exceed the sum of twen- ed on parents, ty dollars in one year, the same may be included in the aforesaid assessment. SECT. 37. No child shall be excluded from any SilxSude'd"!) * common scno l in the districts to which such child account" of pov" belongs, on account of the inability of the parent, erty of parents, guardian, or employer of the same to pay his or her tax or assessment for any school purposes whatever; and the selectmen, or a majority of the same, of the town or towns in which such child shall reside, shall be a board with power to abate at their discretion the taxes or assessment of such persons, as are una- SCHOOLS. 59 ble to pay the same, or any part thereof; and said Their school selectmen shall draw an order for the amount of such abatement, upon the treasurer of the town in which such persons reside, in favor of said district. SECT. 38. Whenever a district shall impose a District tax tax, the same shall be levied on all the real estate how levied, situated therein, and upon the polls and other ratea- ble estate, except real estate situate without the limits of such district, of those persons who are res- idents therein, at the time of laying such tax ; and said real estate shall not be taxed by any school dis- R e al estate not trict besides the one in which the same is situated ; taxed but once, and said tax shall be made out and signed by the dis- trict committee, from the assessment list of said town or towns, to which said district belongs, last comple- Mad j , out from j i * -j j- \ A j- grand list. ted, or next to be completed, as said district may di- rect. SECT. 39. Whenever real estate situated in one Assessment of district, is so assessed and entered in the grand real estate, list in common with other estate situated out of said when ' value district, that there is no distinct and separate value put by the assessors upon the part lying in said dis- grand list, trict, then said district wishing to lay a tax as afore- said, may call on one or more of the assessors for the time being, of the town in which such property is situated, to assess, and they are hereby authorized and directed on such application to assess, the value of that part of said estate which lies in said district, and to return the same to the clerk of said town ; and notice of such assessment shall be given by the Notice f as - district committee in the same way as a notice for S( school meetings ; and at the end of fifteen days after said assessment has been returned as aforesaid, said assessor and society's committee shall meet in such place in said district as said committee shall desig- nate in their notice, and shall have the same power in relation to such list as the board of relief have in relation to lists of towns. When such list shall be perfected by said assessors Assessment and society's committee, the same shall be lodged must be with the Town Clerk, and said assessment shall be the lodged with rule of taxation for said estate by said district for the town clerk> year ensuing; and said assessors shall be paid by said district, a reasonable compensation for their ser- vices. (JO SCHOOLS. V. BOARD OF COMMISSIONERS. SECT. 40. His Excellency the Governor, the Commissioner of the school fund, ex-officio, and eight persons, one from each county in the State, to Board of com- be appointed annually by the Governor, with the tiS. h W advice and consent of the Senate, shall constitute, and be denominated the Board of Commissioners of Common Schools ; and the Governor is authorized to fill any vacancy occasioned by death, resignation or otherwise. SECT. 4 1 . The Board of Commissioners of Com- mon Schools, shall submit to the General Assembly annual report!*" an annua l report, containing, together with an ac- count of their own doings ; First, a statement, as far may be practicable, of Condition of the condition of every common school in the State, each school. and of the means of popular education generally ; Second, such plans for the improvement and bet- ter organization of the common schools, and all such P rovemenT matters relating to popular education, as they may deem expedient to communicate ; Third, an accurate statement of the items of ex- Expenses of pense incurred or authorized by said Board of Corn- board, missioners of Common Schools. They may require of the school visitors of the turns froin ire "" severa ^ school societies, semi-annually, returns of the school visitors, condition of each common school within their lim- its ; and they shall prescribe the form of all such re- turns, and the time when the same shall be corn- Must transmit pleted, and transmit blank copies of the same to the clerk of each school society. Appoint Secre. Thev ma y a PP int their own Secretary, who tary. shall devote his whole time, if required, under their direction, to ascertain the condition, increase the in- terest, and promote the usefulness of common schools. Compensation SECT. 42. For the compensation of the Secre- of Secretary. tary, the Comptroller of public accounts is directed to draw an order on the treasurer for such sum as the Board of Commissioners of Common Schools may allow for his services, provided the same does not exceed three dollars per day, and his expenses, SCHOOLS. 61 while employed in the duties of his office, to be paid out of any money not otherwise appropriated. VI. CONFIRMING AND REPEALING SECTION. SECT. 43. That "an act for the regulation of school societies and for the support of schools," ex- cept the 19th section thereof, the several acts in ad- dition to, and in alteration thereof, passed in the AII actg re years 1824, 1828, 1829, 1835, and 1840, "an specting school act relative to the committees of school districts, and societies and directing the manner in which the meetings of school ^ hools > re P ea1 ' societies and school districts may be warned," passed in 1823, an act in addition thereto passed May ses- sion 1837, "an act relating to school societies and special school society meetings," passed May session 1837, "an act to provide for the better supervision of common schools," passed May session 1838, "an act concerning schools," passed May session 1839, and an act passed May session 1841, in addition to an act entitled "an act concerning schools," be, and the same are hereby repealed. Provided nevertheless, That all rights vested in any person or persons by virtue of any of the acts hereby repealed, shall remain unimpaired and unal- A11 cioin ^ s j J , V". . , , commenced and tered by this act ; and that all matters commenced j n progress, con- by virtue of any of the laws aforesaid now depending firmed. or unfinished, may be prosecuted and pursued to final effect, in the same manner as they might have been, if this act had not been passed. Approved, June 10th, 1841. WILLIAM W. ELLSWORTH. (>2 SPIUITOUS LIQUORS. CHAPTER XLI. An Act in addition to, and in alteration of an Act, entitled " an Act relating to the Sale of Spiritu- ous Liquors." Whereas, in the construction of the proviso in the 5th section of the act entitled "an act relating to the sale of Spirituous Liquors," passed in the year 1839, doubts have arisen whether said proviso was in- tended to apply only to those who at the time of the passage of said act were licensed as taverners, or to all persons who should thereafter be licensed as aforesaid in like manner. Therefore , f SECT. 1 . Be it enacted by the Senate and House Explanation of . y . , , an act passed oj Representatives in General Assembly convened, 1839, relating to That nothing in said act contained shall be so con- the sale of spir. s t rue( j as to prevent any person who now is, or ituous liquors , , A , , , ,. J r regarding tav- hereafter shall be, duly licensed as a taverrter, from eners. selling wines or spirituous liquors during the contin- uance, and according to the true intent and meaning of such license. SECT. 2. In all prosecutions for a violation of Jurisdiction of the provisions of the 4th section of the act to which justices of the this is an addition, Justices of the Peace may hold peace over sec. jurisdiction, and may impose the fine therein named, tionmentiomed. J , . i _u c *\. .ii. subject to appeal on the part of the accused, to the county court, the same as in other criminal prose- cutions. SECT. 3. The civil authority and selectmen of Who may h- an y town may, if they shall deem it expedient, li- cense to sell as J * J . . , . 11 apothecaries, for cens e one or more persons in said town to sell wines medicinal pur- and spirituous liquors as apothecaries, to be carried poses and may awa y an( j use d f or medicinal purposes ; and may revoke. &c. i i> i i i revoke such license at their pleasure any thing in the act to which this is an addition, to the contrary notwithstanding. SECT. 4. The several towns in this State, at a Towns may town meeting specially warned and held in the pass by-laws as month of January,-in each year, for the purpose of to the sale of v > \ ., . . f /. liquors in tav- "censing, regulating or prohibiting the sale of wines ems vote by or spirituous liquors in such town for the year en- SEPULTURES. 63 suing, and for no other purpose, may pass by-laws regulating or prohibiting the sale of wines or spirit- uous liquors by taverners, to be drunk in the tav- ern by them kept. The vote on the adoption of ballot vote re- any such by-law shall be by ballot, and if the same quired viola, shall be adopted by a majority of the voters at such tion of such by- meeting, equal in number to a majority of the whole ^f^t number of electors whose names shall have been re- an agent, gistered as qualified to vote for representative or representatives in such town, at the next preceding election, such by-law shall be deemed and declared to be passed, otherwise not. And if any taverner in such town shall violate any such by-law, he shall forfeit and pay for every such offence, the sum of seven dollars, to be recovered by action of debt, in the name of said town, before any Justice of the Peace residing therein. And the town at such meeting may by a major vote appoint an agent or agents, to prosecute all offences against such by-law. R ,. SECT. 5. Be it further enacted, That all acts, c i au se. or parts of acts, inconsistent with the provisions of this act, be, and the same are hereby repealed. Approved, June 10th, 1841. WILLIAM W. ELLSWORTH. CHAPTER XLII. An Act concerning Burying Grounds and places of Sepulture. SECT. 1 . Be it enacted by the Senate and House of Representatives in General Assembly convened, That liberty be and hereby is granted to any indi- viduals in any town in this State, to associate for A "y P ersoni * the purpose of procuring and establishing a burying togetherTo 8 ^ ground, or place of sepulture, and being so associa- tablish burying ted, they shall, on complying with the provisions of grounds, and this Act, be considered a body politic and corpo- corpc"' rate ; may choose a President and other officers, how. TAXES. may enact by-laws for regulating the affairs of such corporation, not inconsistent with the laws of this State, and compel the observance thereof by suita- ble penalties ; may sue and be sued, and do all acts necessary and proper for the well-ordering of the affairs of such corporation. Provided, however, that before any such association shall be entitled to the pjivilege of this act, they shall lodge with the Secretary ot this State a copy of their articles of association, and they shall also cause the same to be recorded in the Records of the town where such burying ground may be situated. SECT. 2. Whenever any part of such burying ground shall have been designated and appropria- Not to be taken ted by the proprietors thereof, as the burying place w y ar e rant U orsold ^ an ^ P art i cu l a r person or family, the same shall by credi'tors. not be liable to be taken or disposed of by any war- rant or execution, for any tax or debt whatever, nor shall the same be liable to be sold to satisfy the demands of creditors where the estate of such own- er shall be insolvent. Approved, June 2d, 1841. % WILLIAM W. ELLSWORTH. CHAPTER XLIII. An Act in addition to an Act, entitled "an Act Pro- viding for the Collection of Taxes." Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened, That the several provisions of the act passed in the year Re.enacting 1832, entitled "an Act in addition to an Act, entitled EJSSifa* an Act P rovidin g for the collection of Taxes," be, 1832. and the same are hereby re-enacted and extended to all cases to which the same would be applicable if said act were now first enacted. Provided, that no claim which is the subject of any suit or action TOLL BRIDGES. 65 now pending, shall be in any manner affected by the provisions of this act. Approved, June 10th, 1841. WILLIAM W. ELLSWORTH. CHAPTER XLIV. An Act in addition to an Act, entitled "an Act rela- ting to the Collection of Executions against Turn- pike and Toll Bridge Companies." SECT. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, That whenever a receiver of the tolls of any turn- pike company, or toll bridge company, has been, or shall be appointed, pursuant to the provisions of the Funds to repair act to which this is an addition, such portion of the toll bridges or tolls collected by said receiver, as the Judge of the ined, by W county court in the county where the gate at which whom expend- such tolls are collected is situated, shall from time to ed - time order and direct, shall be expended in the ne- cessary repairs of the road or bridge, for passing which the said gate is authorized to be erected, and the said repairs shall be made by such person or persons as said Judge may appoint for that purpose. SECT. 2. And said Judge shall adjust and settle the accounts of such receiver, at such times as he may deem expedient, and thereupon order the un- t y C ourts toTe". expended balance in his hands to be paid to the tie the account creditor or creditors in the execution, until the sums of receivers at mentioned therein for debt and costs, and the inter- est thereon, together with the officers fees for serv- & c . ing the same, shall have been fully paid and satisfied. Approved, May 25th, 1841. WILLIAM W. ELLSWORTH. 9 STATE OF CONNECTICUT, ss. ) SECRETARY'S OFFICE, July 12th, 1841. \ I HEREBY CERTIFY, That I have compared the printed copy of the Acts contained in this pamphlet, with the original Acts, as engrossed and passed by the Legislature, and find the same to be correct. ROYAL R. HINMAN, Secretary of State. INDEX. A. Arbitrators on land titles, award of, when evidence, 35 Assessors, confirming doings of, 3 Awards on titles to land, - 35 B. Bands of music how formed, - - - - 37 fines how appropriated, - - - 37 Bank of East Haddam, choice of Directors in, - - 3 Bank at Thompson, meetings in, 4 Bank at Norwich, to reduce stock, - 5 Bank Merchants, to reduce stock, - 5 Beef and pork, how fatted and packed, - - - 42 how branded, - . 42 duties of inspectors and packers, - - 42 Borough of Killingworth, how to organize, 5 Borough of Norwalk, to form a Fire Company, 7 Bridgeport Fire Company, &c., . 6 Burying Ground in New Haven, damages in, - 39 penalty for, . 39 C. Canton probate district, . 9 Civil actions, to quiet acts of Sheriffs, &c., - 8 Chatham, Jurymen in, - - 34 Cities authority to regulate inspection of leather, - 35 Clerks of Superior Court, duty of, . 10 Conveyances confirmed, - <-* . 27 68 INDEX. Court of Errors, how furnished with copies, - 10 Courts, 8,9,10,12,17,19,20 Court of Errors when holden in Hartford, 12 Courts, Judges of, when disqualified to act, 1 7 Courts, when more than one term, how adjourned, 19 County Court, new organization of, 12 County Work Houses, 23 Crimes and punishments, r~*\?S t) L?' 21 ' 22> 23 Aw-.7 u ?i-& fftu ~ !:?$ ft*-^.' -ty Av/7^ /& wv / Deeds and bonds, without seals, confirmed, - - 27 Districts Senatorial, No. 4, 5 and 6, - - 28 Districts for Senators, - - 28, 29 E. East Lyme, election of Senators, "act repealed," - 29 Estates, settlement of, ufrv^fl.J^^- - 29,30,31 Executions on personal property, how posted, 8 F. Fire Company at Bridgeport, how warned, &c., 6 Forgery of checks, or bills on banking companies, &c., - 22 Fraudulent conveyances, - - - 32 aggrieved by Commissioners, may appeal, &c., 32 O. General Assembly, organization of, - 33 Governor's duty as to fugitives, expenses of, - 21 H. Houses of correction, - - - 23, 24 Inspection of provisions, . . - 42 J. Jurymen in Portland, number of, 34 INDEX. 69 K. y Killingworth, Borough of, incorporated, - - ' 5 L. Leather, inspection of, - 35 m. Merchants Bank, to reduce stock, - 5 Mortgages to School Fund, how released, - 36 New Haven, city of, to level gutters, &c., - 38 assent to said act, when and how made, - 38 New burying ground in New Haven, - 39 Ninepin alleys prohibited, - - - - 21,22 Norwalk, Borough of, to form a fire company, - 7 P. Pedlars, law concerning, - 40 who is a pedlar, *s : - - 40 penalty for peddling, - 40 duty to be paid, - 40 form of license, - 40 qualifications to obtain a license, 40 Portland, Jurymen in, - 34 Presiding officers at elections, duty of, - - 33 Portland, probate of Chatham, 20 Probate of Chatham, to include Portland, - 20 Probate of Ridgefield, - - 10 Probate of Canton, .... 9 Probate of Salem, ..... 8 Probate Courts, . . . . .29 R. Representatives election of, returns to Secretary, &c., 33 Ridgefield Probate District, incorporated, . . 10 S. Salem Probate District, incorporated, . . 8 70 INDEX. Secretary of State to make Rolls of Senate and House, 33 Senatorial Districts number 9, 10, 18 and 19, . . 29 School Fund, mortgages how released, &c., . . 36 School law repealed, by "an act concerning common schools,", 44 Schools, . . . . . ; . . 44 School Societies, . , , . . . .44 School Districts, . . . . ... . 48 union districts, . . ' . . . . .52 school teachers, 53 State appropriation, 54 taxation and expenses, " . , . . . 54, 55 Submission and award of arbitrators when recorded, . 35 Supreme Court of Errors to make rules, &c. . . 20 Spirituous liquors, sale of. * . 62 Sepulture, places of, . . .... 63 T. Teachers of schools, . . .... 53 Thompson Bank when to hold meetings, ... 4 Treasurer of State, when may discharge mortgages, . 36 Taxes, collection of, . . ... 64 Turnpike and toll bridge companies, executions against, 65 U. Union School Districts, . . ... 52 W. Westport, election of Senators in, . . .29 Work houses, or houses of correction, . .23 Writs of Error, how served and returned, . . .11 PUBLIC ACTS, PASSED BY THE GENERAL ASSEMBLY OF THE STATE OF CONNECTICUT, MAY SESSION, 1842. PUBLISHED, IN CONFORMITY WITH A RESOLUTION OF THE GENERAL ASSEMBLY, UNDER THE SUPERINTEN- DENCE OF THE SECRETARY OF STATE. State of Connecticut, 00. : OFFICE OF THE SECRETARY OF STATE, 1842. HARTFORD. PRESS OF ELIHU GEER, 26* STATE STREET. MDCCCXLII. PUBLIC ACTS. CHAPTER I. An Act in addition to an Act entitled " An Act in relation to Agricultural Societies." Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened, That the several County Agricultural Societies which may hereafter be entitled to receive money from the Agricultural So- State Treasury by virtue of the act of which this cieties to file is an addition, may receive the same, and file the ce . rtlfi cates, &c., .% J . . within the requisite certificate at any time during the months months of Sept. of September and October in each year. Any and Oct - in eaoh act, to which this is an addition, to the contrary >( notwithstanding. Approved, June 7th, 1842. CHAUNCEY F. CLEVELAND. CHAPTER II. An Act to Incorporate Wadsworth Atheneum. SEC. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, That Daniel Wadsworth, Thomas Day, David Persons Watkinson, Thomas S. Williams, Alfred Smith, incorporated. John M. Niles, Erastus Smith, William H. Imlay, James B. Hosmer, David F. Robinson, Charles H. Olmsted, Henry A. Chittenden, Robert Watkinson, Albert W. Butler, Cyprian Nichols, Charles Bos- 4 WADSWORTH ATHENEUM. well, John L. Boswell, John Olmsted, Sheldon P. Thatcher, Elizur T. Goodrich, Albert Day, Calvin Day, Elijah H. Owen, Amos M. Collins, William L. Collins, Erastus Collins, Charles Collins, James Ward, Roswell B. Ward, William A. Ward, James Dixon, Newton Case, Edwin D. Tiffany, Leander C. Burnham, Roswell C. Smith, Thomas K. Brace, Joseph Trumbull, Hezekiah B. Chaffee, Daniel P. Crosby, Ezra White, Jr., Austin Dunham, George Burnham, William L. Wright, James G. Bolles, George Goodwin, Jr., Charles Goodwin, John War- burton, Joseph Morgan, Gideon Welles, Elihu Geer, Ellery Hills, Leonard H. Bacon, Gurdon Fox, P. F. Robbins, Joseph Winship, Sanford B. Grant, Philip Ripley, Edward Bolles, Lucius H. Childs, C. C. Lyman, Henry Barnard 2d., Charles Hos- mer, Jona. Seymour Brown, William H. Turner, Curtis Judson, Silas B. Hamilton, Waterman Rob- erts, Charles Brainard, Charles H. Brainard, Roswell Brown, Thomas Smith, Denison Morgan, Stillman Niles, Jonathan Watson, William T. Lee, Charles Abernethy, David Clark, Charles Seymour, John Butler, Alexander H. Pomroy, William Hunger- ford, William R. Cone, James H. Welles, Stephen Spencer, George Beach, Jr., John H. Preston, Da- vid S. Brooks, George M. Bartholomew, James H. Holcomb, James C. Walkley, Ezra Clark, Jr., Geo. Sumner, Allen Porter, Thomas C. Perkins, Elipha- let Terry, Joseph Church, Daniel Dewey, Enoch C. Stanton, Ezra S. Hamilton, John H. Webb, Chas. Mygatt, Samuel Woodruff, Francis Parsons, Geo. Burgess, Simeon L. Loomis, Junius S. Morgan, Harvey Seymour, Thomas S. Parker, John Parker, Miles A. Tuttle, Edmund B. Hull, Asahel Saun- ders, Ralph Saunders, John G. Mix, Lemuel Hum- phrey, Lucius H. Woodruff, James C. Woodruff, Samuel Kellogg, William Kellogg, Mason Gross, Daniel W. Clark, Roland Mather, David S. Dodge, Esek J. Preston, Edwin Taylor, S. G. Boughton, Calvin Spencer, Robert S. Seyms, George Seyms, Noah Wheaton, Oliver E. Williams, Thomas S. Williams, 2d., Thomas M. Day, Amariah Brigham, William B. Ely, Sheldon Woodbridge, Collins Stone, Henry B. Camp, Laurent Clerc, Charles L. Porter, Bela Turner, Virgil Cornish, Gurdon Rob- WADSWORTH ATHENEUM. bins, Jr., and their successors and associates shall be, and hereby are, created and constituted a body Name of politic and corporate, by the name of " Wadsworth corporation. Atheneum" and by that name they and their suc- cessors shall have perpetual succession ; shall be capable of suing and being sued, pleading and being impleaded, in all suits at law and in equity ; may have a common seal, and may alter the same at pleasure. And whereas, Daniel Wadsworth of the city of Hartford, has granted to Thomas S. Williams and Alfred Smith, in trust for said Corpo- ration, a lot of land lying between an alley on the north, and Charles Brainard's land on the south, and between Main street on the west, and land of said Wadsworth on the east, as a site for a build- ing to be constructed in three divisions, to be sep- arately used, one for a Gallery of Fine Arts, another for the Library and other accommodations of the Hartford Young Men's Institute, and the third for the use of the Connecticut Historical Society, with power and authority to said Society to allow or General P owers - grant room or accommodations in their division for the use of the Natural History Society of Hartford, on such terms and to such extent, as said Historical Society shall think proper, or in case either of the above objects should be abandoned, or transferred elsewhere, then the part so left vacant to be applied to other objects of general interest, free of charge, except for insurance, taxes, (if any) preservation and repairs of the building ; said corporation is hereby empowered to take from said trustees a conveyance of said land, with all the privileges and appurtenances thereto belonging ; and to hold the same pursuant to the terms of said grant, and for the uses and purposes therein expressed, and there- by intended ; and said corporation is also hereby empowered to make contracts, and to adopt con- tracts made for the erection, and finishing of said building with suitable out buildings, and fences on said land, and for repairs and rebuilding of the same when needed ; for insurance thereon, for the furnishing thereof and for the purchase of paintings, engravings, statues, and other works of art, to be placed therein ; and generally to do all acts neces- sary and proper to carry into full effect the objects WADSWORTH ATHENEUM. Prov Capital stock. Privileges of stockholders. Pro vis and purposes for which said land was granted ; and said Corporation is also empowered to receive and hold other personal property, not exceeding ten thousand dollars in amount or value ; which property may be loaned or otherwise disposed of, and the interest or principal applied for the objects and purposes aforesaid, as occasion may require. Provided, however, that said Corporation shall have no power to alienate or mortgage said real estate, or any part thereof. SEC. 2. The capital stock of this Corporation shall be held by those who have, or shall become subscribers thereto, in the following manner. Said stock shall be divided into two classes of shares : First, those of one hundred dollars each, which shall be assignable and transferable ; and secondly, those of twenty-five dollars each, which shall become extinct upon the death of the subscriber. Every such subscriber, to the amount of twenty-five dollars or more, shall be a member of said Corpora- tion, and in all meetings of the share-holders, he shall be entitled to give one vote on every share of twenty-five dollars ; and every holder of a share or shares of one hundred dollars, shall have the right to give four votes on every such share of one hun- dred dollars held by him. Every subscriber to the amount of fifty dollars shall be entitled to the privi- lege of admission to the Gallery during his life, subject to such rules and regulations as may be prescribed by the trustees hereinafter mentioned for that purpose. Every holder of a share of one hundred dollars shall be entitled to such privilege while he remains a holder, and every holder of shares amounting to two hundred dollars or more, shall be entitled to the same privilege, and such privileges in the other institutions connected with this Corporation, as may be agreed upon by said trustees and the directors of said institutions respec- tively. Provided, That in the case of the subscrip- tions which have been or shall be made to said stock by, or in the name and behalf of any copartnership, or by any joint subscribers, who are not copartners, such copartners, or joint subscribers, may deter- mine and designate, by a writing under their hands, who of their number shall have, enjoy, and exer- WADSWORTH ATHENEUM. cise the same powers, privileges, and rights, which individual subscribers, to a like amount, are entitled to have, enjoy, and exercise. SEC. 3. The concerns of said Corporation shall be managed by a board of trustees, under such regulations as may be prescribed by the by-laws thereof; which board shall consist of eleven trus- tees, to be elected annually by the share-holders, E , lev , en ; Truste s ' J J . ' elected annually, and of subscribers to the capital stock to the to be managers. amount of five hundred dollars, who shall, by virtue of their subscriptions, be trustees for life. SEC. 4. The share holders of said Corporation, in a general meeting thereof, shall have power to ordain and establish such rules, and by-laws, as they may deem expedient, relative to the time, place, and manner, of holding their meetings, with f, . ,, - , . ., Power to ordam the notice to be given thereof ; relative to the by-laws, &c. officers of the Corporation, and of the board of trustees and their duties ; relative to a quorum in meetings of the share holders, and of the trustees ; relative to the mode of transfer of the transferable shares ; and generally for carrying into effect the powers hereby granted, not otherwise specifically provided for. Provided, Such rules and by-laws be not repugnant to the provisions of this Charter, or the laws of this State. SEC. 5. If it shall so happen that an election of any annual officer or officers of said Corpora- When no elec- tion, or board of trustees, shall not take place in tion is held ' r - . ; ' , , poration not dis- any year at the time appointed therefor, the Corpo- so ived therefor. ration shall not, for that reason, be dissolved ; but such election may be held thereafter, and such officer or officers, may exercise his or their official functions until a new election be made. SEC. 6. All the estate, real and personal, which" may at any time be owned by said Corporation, Estate exempt shall be exempt from taxation so long as the same from taxation - shall be used, and the avails and income thereof shall be devoted to, and expended in, the objects and purposes herein before specified. SEC. 7. The first meeting of the share holders shall be holden at such time, in the month of June, Firs * meeting, 1842, and at such place, in the city of Hartford, as h shall be designated for that purpose by Thomas Day and John M. JMiles, or either of them, who shall Act, &c. revocable. BANKS. cause at least five days previous notice thereof to be given in two or more newspapers printed in said city. SEC. 8. The exemption from taxation, provi- ded for by the 6th section of this act, shall be sub- ject to the future action and control of the General Assembly : and all parts of this act may, by said Assembly, be amended, altered, or repealed. Approved June 1, 1842. CHAUNCEY F. CLEVELAND. Amount of Discount to a Director, &c. limited. CHAPTER III. An Act in addition to and in alteration of sundry Acts relating to Banks. SEC. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, That no Bank in this State shall directly or indi- rectly loan to any director or officer thereof, or to any company or corporation of which such director is a member or stockholder, any of its funds, or discount any paper on which such director or officer is the maker, acceptor or endorser, except to an amount not exceeding three thousand dollars, in any Bank whose capital actually paid in does not exceed one hundred thousand dollars ; and to an amount not exceeding five thousand dollars, in any Bank whose capital actually paid in exceeds one hundred thou- sand dollars, but does not exceed three hundred thousand dollars ; and to an amount not exceeding six thousand dollars in any Bank whose capital actually paid in exceeds three hundred thousand dollars, but does not exceed five hundred thousand dollars ; and to an amount not exceeding eight thousand dollars in any Bank whose capital actually paid in exceeds five hundred thousand dollars, but does not exceed six hundred thousand dollars ; and to an amount not exceeding ten thousand dollars BANKS. 9 in any Bank whose capital actually paid in exceeds the sum of six hundred thousand dollars. Nor shall any such director or officer to whom loans are made, contrary to the provisions of this section, hold or exercise the office of director or officer of such Bank after the next annual election of directors in such Bank. Provided that this section shall not take effect until four months after the rising of this c f ec C1 Assembly. SEC. 2. The directors of any Bank in this State shall not make or declare any dividend except from the earnings of such Bank, which shall Dividends not to remain after deducting therefrom all losses, all sums be made except due from the Bank for bonus, plates, paper, vault from earnin s s - expenses, charter expenses, furniture and all notes and drafts which shall have been due for six months or more, and not abundantly secured, and such amount of discount as shall at the time of making such dividend be the market rate in the city of New York on all uncurrent or depreciated Bank or post notes, or Bank, Insurance, City, State or other corporate stocks owned by such Bank : and the directors voting for any dividend made and declared not in conformity with the provisions of i i 11 / < -i m Penalty. this section, shall forfeit and pay to the Treasurer of this State, the sum of five hundred dollars, for which such directors shall be jointly and severally liable, and it shall be the duty of the directors in making any dividend to take the question thereon dividends, how by yeas and nays, which shall be recorded on the to be taken. record of the Bank. SEC. 3. No Bank shall hereafter make any loan Stock when not , ,, . to be pledged. or discount on pledge or its own stock. SEC. 4. No stock in any Bank shall be voted on at any meeting of the stockholders of such Bank, Votes on stock - except transferable stock ; and such stock shall not be voted on by proxy. SEC. 5. No Bank shall hereafter issue any bills Bills issued, but such as are made payable at the Bank where where payable. issued. SEC. 6. There shall be annually appointed three Bank Commissioners by the General Assem- bly, whose duty it shall be to visit and examine the Commissioners several Banks in this State, the several Savings In- t Appointed, . _, , , . . ,. , T T and their duties. stitutions in this State, and the affairs 01 the Housa- 2 10 BANKS. Reduction of Capital Stock, how made. Repeal of other Acts. Forfeiture for violation. tonic Rail Road Company, at their discretion, agreeable to the provisions of an act concerning Banks, passed A. D. 1837, who shall report an- nually to the General Assembly the result of their examination, and an account of their charges for services and expenses to be paid by said Banks, Savings Institutions, and Rail Road Company, in proportion to their respective capitals. SEC. 7. The directors of the several Banks in this State, under the supervision of the Bank Com- missioners, are hereby empowered to reduce the capital stock of any Bank to such sum and such number of shares as the Bank Commissioners may determine, at any time when the General Assembly is not in session, a vote of the stockholders in a meeting legally warned and held for that purpose having first been obtained and the Bank Com- missioners shall make return of such proceedings to the session of the General Assembly next following for approval, and if approved, such reduction shall thereupon be made. SEC. 8. That the Act passed May Session, A. D. 1835, providing that no Bank in this State shall be permitted to retain as surplus earnings more than five per cent, on the amount of the capital stock actually invested in said Bank in addition to the bonus required by the act of incorporation, and the act passed May Session, 1838, entitled "an Act in addition to an act entitled an act concerning Banks," and all acts or parts of acts requiring Banks or the Cashiers thereof to make any return from said Banks to the Comptroller of this State, except the return of the amount of the capital stock, the amount owned by resident and non-resident stockholders, and all acts or parts of acts inconsis- tent with the provisions of this act, be, and the same are hereby repealed. SEC. 9. Any Bank whose directors shall know- ingly violate either or any of the provisions of the several sections of this act, except section second, shall forfeit and pay to the Treasurer of this State a sum not less than five hundred dollars, nor exceeding one thousand dollars for every such violation. SEC. 10. That it shall be lawful for the stock- holders of any Bank at the annual meeting for the ^^ BANKS. 11 choice of directors, or at any special meeting which Privilege of any five stockholders owning not less in all than S^^^d^ff one hundred shares of stocks, are authorized to call, condition of to examine the books, accounts and securities of Banks such Bank and the expenditures of the same, by a committee or otherwise, and it shall be the duty of the Cashier to produce and exhibit all such books and papers as may be demanded for said purpose and the stockholders are hereby authorized at . .*' . . and restrain the any such annual or special meeting to adopt rules action of Direc- and regulations for the conducting the affairs of the tors - Bank, for restraining or directing the action of the directors, or cashier, or other officers of the Bank, Provided that such rules and regulations shall not be inconsistent with the laws of this State, or the provisions of the charter of the Bank. SEC. 11. That no Bank Commissioner shall owe or be indebted to any Bank in this State as Ba]lk Commis- maker, drawer, endorser, or in any other manner sioners, how whatever, and upon its appearing to the satisfaction dls q uallfied - of His Excellency, the Governor, that any Bank Commissioner at any time after twenty days from the passage of this Act, is or shall be indebted to any Bank in this State, he shall declare the office of such Bank Commissioner vacant, and shall appoint some other person in his place to execute and dis- charge the duties of a Bank Commissioner. And it shall be the duty of the cashier of each Bank to which any of the said Commissioners shall be so Ca ,| ]iprg to ive indebted as aforesaid, to give notice thereof to His notice. Excellency the Governor. And no Cashier, Direc- tor, or officer of any Bank in this State, shall hold . the office of a Bank Commissioner. Approved, June 9, 1842. CHAUNCEY F. CLEVELAND. 12 BANKS. CHAPTER IV. An Act to repeal an Act entitled "An Act to In- corporate the Mechanics Bank in New Haven." Whereas, the Mechanics Bank, in the city of New Haven, has refused to pay its proportion of the salaries and expenses of the Bank Commissioners, agreeable to the requirements of the Statute, in such case made and provided. Therefore : SEC. ]. Be it enacted by the Senate and House Provisional re- J Representatives in General Assembly convened, peal of Char- That, unless the said Mechanics Bank pay its said ter ~~ proportion of the salaries and expenses of the Bank Commissioners, agreeable to the requirements of the Statute, in such case made and provided, on or before the fifteenth day of July, 1842, said propor- tion to be ascertained by the Bank Commissioners, then the Act entitled " An Act to Incorporate the Mechanics Bank in New Haven" shall be, and the same is hereby repealed. SEC. 2. The avails, and all the property of said Bank, of every name and description, provided said proportion as specified in the preceding section is not paid as required in said section, shall go into the hands of two Receivers, to be appointed by the Governor of this State, and shall be appropriated in the following manner, viz : First, to the payment c 11011 ^ tne cnar g es an d expenses of settling its concerns. Second, to the payment of the Bank notes and bills in equal proportions. Third, to the payment of all deposites by the Treasurer of the State, or by other persons. Fourth, to the payment of all the other liabilities in equal proportions. Lastly, the surplus shall be paid and distributed among the stock- holders in proportion to the amount of their stock. Approved, June 9, 1842. CHAUNCEY F. CLEVELAND. BANKS. 13 CHAPTER V. An Act to Incorporate the Bridgeport Savings Bank. SEC. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, That Benjamin Wheeler, Birdsey G. Noble, W. B. Dyer, Mark Moore, Samuel Simons, W. H. Noble, Josiah Hubbell, Stephen Hawley, Sherwood Ster- ling, Willys Stillman, Smith Tweedy, David Perry, Samuel Stratton, Gideon Thompson, Henry Shel- ton, Wilson Hawley, Thomas Ransom, Lemuel Coleman, Joshua Lord, Scuyler Seeley, Starr Beach, Elihu Beach, be, and they hereby are, incorporated by the name and title of the Bridgeport Savings ^ of corp - Bank ; and they, and such others as shall be duly elected members of said corporation, shall be and remain a body politic and corporate, by the same name, style, and title forever. SEC. 2. Said corporation shall be capable of receiving from any person or persons disposed to obtain or enjoy the advantages of said incorporation, any deposite or deposites of money not exceeding Limitation of /ijijii/. .',.., ,. ' individual de- four hundred dollars from any one individual in any pos i te s. one year, and to use and improve the same accord- ing to the provisions of this act. SEC. 3. All deposites of money received by said corporation, shall be used and improved to the L oans> how best advantage, by loaning the same by order or made and se- consent of a majority of the directors, on mortgage cured> of real estate or other undoubted security, and in a manner not inconsistent with the laws of this State ; and the funds of said corporation may be vested by Funds may be purchase of Bank stock in any Bank in this State; invested in Bank and the said corporation may dispose of the same " from time to time, to such an amount as will meet the demand for deposites, and the income or the profit thereof, shall be divided and applied among the persons making the deposites, their executors or Dmdcnd8 - administrators, in just proportions, with such rea- sonable deduction as may be chargeable thereon ; and the principal of such deposite or deposites may be withdrawn by the owners thereof, or by any other 14 BANKS. Notice to be given before withdrawing de- posites. Election of mem- bers. General powers. Time of meet- ings. Quorum. Officers, and term of service. Disqualification for membership in said corpora- tion. Officers not to receive compen- sation. By-Laws. person or persons, duly authorized for said purpose, on giving notice of such intention in writing, and lodging the same with the Secretary of such corpo- ration, at least four months previous to withdrawing the said deposite or deposites. SEC. 4. Said corporation, at their annual meet- ing, shall have power to elect by ballot any other persons to be members of said corporation. SEC. 5. Said corporation shall have a common seal, which they may change or renew at pleasure ; and that all deeds, conveyances, grants, covenants, and agreements, made by their Treasurer, or any other person by their authority and direction, shall be good and valid ; and said corporation shall at all times have power to sue, and may be sued may defend, and shall be held to answer, by the name and style aforesaid. SEC. 6. After the first meeting, to be holden as hereafter directed, there shall be held an annual meeting of the members of said corporation, in the month of June, annually, in the city of Bridgeport, and at such other times as they shall judge expe- dient ; and any fifteen members of said corpora- tion, the President or Vice President, Treasurer or Secretary being one, shall be a quorum ; and the said corporation, at their annual meeting, shall have power to choose a President, Vice President, mana- gers, and such other officers as to them shall appear necessary ; which officers, so chosen, shall continue one year and until others are chosen in their room ; and all officers so chosen shall be under oath, faith- fully to discharge the duties of their respective offices. SEC. 7. No member of said Corporation shall be the hirer, borrower, or surety of the funds of said Corporation, or any part thereof ; and no President, Vice President, or managers of said Corporation, shall be entitled to receive any compensation for their services. SEC. 8. Said Corporation hereby are, and for- ever shall be, vested with the power of making by- laws for the more orderly managing of the business of the Corporation. Provided the same are not repugnant to the Constitution and laws of this State. SEC. 9. William B. Dyer, Smith Tweedy, BANKS. 15 Sherwood Sterling, and Wilson Hawley, Esqrs., or any two of them, be, and they are hereby authorized . 11 i /* f i t--t i * lrst meeting-, to call the nrst meeting oi said Corporation, and how called. notice of the time and place of such meeting shall be given in the papers printed in Bridgeport ; which meeting shall be held within sixty days after the rising of this Assembly ; at which meeting said Corporation shall be organized by the choice of officers, and by transacting any other business ne- cessary to the well ordering of the same. SEC. 10. It shall be the duty of the President and managers of said Corporation to make an Annual R c P or * , _. , r . . . to be made to the annual report to the General Assembly, containing General Assem- the amount of deposites and dividends declared and % made. Provided always, That this shall be deemed a public act, and may be altered or repealed at the Act revocabl . e - will of the General Assembly. Approved, May 30, 1842. CHAUNCEY F. CLEVELAND. CHAPTER VI. An Act to Incorporate the Willimantic Savings Institute. SEC. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, That Oliver Kingsley, Jr., John Tracy, Lloyd E. Baldwin, James D. Hosmer, Joshua B. Lord, Royal ^cor n s Jennings, Samuel Lee, Horace Hall, William L. Jillson, Laban Chase, Newton Fitch, Lewis Gager, Lucian H. Clark, Amos Palmer, W. C. Clark, be, and they are hereby incorporated by the name and style of the Willimantic Savings Institute ; and that corporation, they, and such others as shall be duly elected mem- bers of said Corporation, shall be and remain a body politic and corporate, by the name and style afore- said. SEC. 2. Said Corporation shall be capable of 16 BANKS. Limitation of individual deposites. Loans, how made and se- cured. Investment of funds. Dividend of profits. Withdrawal of deposites no- tice to be given. Members, when chosen. General powers. Time of meet- ings. receiving from any person or persons any deposite or deposites of money, not exceeding two hundred dollars, either directly or indirectly from any indi- vidual in any one year ; and to use and improve the same at their discretion, as herein after provided. SEC. 3. All deposites of money received by said Corporation shall be used and improved to the best advantage, by loaning the same, by order or consent of a majority of the directors, on mortgage of real estate or other undoubted security, and in a manner not inconsistent with the laws of this State ; and the funds of said Corporation may be vested by purchase in Bank stock, in any Bank in this State ; and said society may dispose of the same from time to time to such an amount as will meet the demands for deposites ; and the income or profits thereof shall be divided and applied among the persons making the deposites, their executors or adminis- trators, in just proportions, with such reasonable deductions as may be chargeable thereon ; and the principal of such deposite or deposites may be with- drawn by the owner or owners thereof, or by any other person or persons duly authorized for that purpose, in giving notice of such intention in wri- ting, and lodging the same with the Secretary of said Corporation, at least four months previous to withdrawing such deposite or deposites. SEC. 4. Said Corporation shall, at their annual meeting in June, elect by ballot, any other person or persons to be members of said society, in case ol any vacancy, so that the members shall not be reduced below twelve in number. SEC. 5. Said Corporation may have a common seal, and all deeds, grants, covenants, and agree- ments, made by any person with their authority and direction, according to the by-laws of said society, shall be good and valid ; and said Corporation may sue and be sued, may defend and shall be held to answer, by said corporate name. SEC. 6. A meeting of the members of said society shall be held at said Willimantic, in the month of June, annually, and at such other times as they shall judge expedient, and any seven mem- bers of said Corporation, the President or Vice President, Treasurer or Secretary being one, shall _ CITIES. 17 be a quorum. And said Corporation at their Quorum. annual meeting, shall elect a President, Vice Presi- dent, five directors, and all such officers as to them shall appear necessary, which officers shall continue in office one year, and until others are chosen in Officers and their their room. term of service. SEC. 7. No President, Vice President, or trustee _. . , ~ . ill! -11 Officers not to 01 said Corporation, shall be entitled to or receive receive compen- any compensation for his services ; and no member sation. thereof shall be the hirer or borrower, or surety for any hirer or borrower of the funds of said Corpo- ration, or any part thereof. SEC. 8. Said Corporation shall have the power of making by-laws for the more orderly managing Corporation may of the business of the Corporation, provided the enact by-laws. same are not repugnant to the constitution and laws of this State. SEC. 9. Oliver Kingsley, Jr., Esq., is hereby authorized to call the first meeting of said Corpora- tion, by causing personal notice to be given the First Meeting. members thereof of the time and place of holding said meeting in the month of June, 1842. SEC. 10. It shall be the duty of the President and Directors of said Corporation, to make annual Annual re Ort3 reports of the deposites and dividends declared and made. Provided always, That this act may be altered, Act revocable. amended or repealed, at the pleasure of the Gene- ral Assembly. Approved, May 30, 1842. CHAUNCEY F. CLEVELAND, CHAPTER VII. An Act to amend the Charter of the City of Hartford. SEC. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, 3 18 CITIES. Number of Wards. Number of Al- dermen and Common Coun- cilmen. Time of Ward Meetings. Powers of the Court of Com- mon Council. Limitation of penalties, and right of voting. City Court, how constituted. That the Court of Common Council of the city of Hartford shall have power to divide said city into not less than four, nor more than six wards, for the election of Aldermen and Common Council- men of said city, and to determine and fix the lines and boundaries of said wards ; each of which wards shall choose, annually, one Alderman and no more ; and an equal number of not less than two, nor more than five Common Council men, as said city, in legal meeting assembled for that purpose, shall direct. The meetings in all the wards for the above purpose, shall be held simul- taneously at such time in the month of April, in each year, as the Court of Common Council of said city shall prescribe. SEC. 2. The Court of Common Council of said city shall have power to make by-laws, prescribing the place and manner of holding the elections for Aldermen and Common Councilmen in each wa^rd, designating the persons who shall preside at said elections, and to make all necessary by-laws for the purpose of carrying this act into effect, and to inflict penalties for the breach of such by-laws. Provided, That no penalty shall exceed the sum of thirty-four dollars ; and provided further, that all said by-laws, shall be approved by said city in legal meeting assembled, and shall be published at least three weeks successively in some newspaper in said city, before the same shall be of any validi- ty. Provided, also, that no person shall be entitled to vote in any ward meeting in said city, except such persons residing in said ward as shall be, by the laws now existing, duly qualified to vote in meetings of said city. SEC. 3. If said city shall be divided into wards, and the Aldermen thereof be elected according to the provisions of this act, and the by-laws made by said city in accordance therewith, the Court of Common Council of said city shall annually there- after, at the meeting of said Council held for the choice of Recorder of said city, by a major vote of those present at said meeting, choose and desig- nate two of the Aldermen of said city as Judges, who, with the Recorder, shall constitute the City Court of said city. CITIES. 19 SEC. 4. The Court of Common Council of the city of Hartford are hereby authorized and empow- ered to make by-laws directing whether the votes for Mayor, Clerk, Treasurer^ Auditor, Collector, and city Sheriffs, shall be received at the ward meetings, or at a general city meeting, and regula- ting the mode of receiving, and counting the same. SEC. 5. This act shall not take effect until the same shall have been accepted and approved in a city meeting of the city of Hartford, legally warned and holden for that purpose. SEC. 6. This act may at any time be altered, amended or repealed, by the General Assembly. Approved, June 3, 1842. CHAUNCEY F. CLEVELAND. Court of Com- mon Council em- powered to make By-laws regula- ting election of City Officers. Act when to take effect. Revocable, &c. CHAPTER VIII. An Act to regulate the removal of buildings within the City of Hartford. SEC. 1 . Be it enacted by the Senate and House of Representatives in General Assembly convened, That the Court of Common Council of the city of Hartford, are hereby authorized, at any legal meet- Com . ofCom _ ing thereof, by a major vote, to grant liberty to any mon Council person or persons to remove any building through may P?* 1 * e .. ! . . removal of build- any public street or streets 01 said city, under such i ngs . regulations, and within such time, as said Court of Common Council shall prescribe. SEC. 2. No building shall hereafter be removed upon or through any public street or highway Buildings not to within the limits of said city of Hartford, except by be removed and with the license of the Court of Common J Council of said city, and in such manner, and licence. within such time, as said Court of Common Coun- cil shall prescribe. SEC. 3. Every person who shall remove any building, and every person who shall aid or assist in 20 CITIES. Forfeiture for violation. removing any building, within the limits of said city, contrary to the provisions of this act, shall for- feit and pay to the Treasurer of said city, for the use of said city, the sum of fifty dollars. SEC. 4. Every person who shall remove any building upon or through any public street or high- way in said city, contrary to the provisions of this act, or the regulations and license of said Court of Common Council, shall, in addition to the above penalty, forfeit and pay to the Treasurer of said city, for the use of said city, the sum of twenty dollars, for each and every day said building shall be and remain upon any highway within said city. SEC. 5. This act shall not take effect until Act when to take approved by a vote of the city, in a city meeting effect. legally warned for that purpose. Approved, May 30, 1842. CHAUNCEY F. CLEVELAND. Further forfeiture. CHAPTER IX. An Act in addition to an Act entitled " An Act Incorporating the City of New Haven." SEC. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, There shall be a Recorder for the City of New Haven, who shall be the Chief Judge of the City Court of said city, and shall perform all the duties of a Judge of said Court instead of the Mayor of said city. And he shall also have and exercise all the other judicial powers and authority now by law appertaining to the office of Mayor of said City ; and said power and authority are hereby transferred from said office of Mayor to said office of Recorder. SEC. 2. The Recorder of said city shall be When and how annua % chosen by the Court of Common Council, at a meeting specially held for that purpose, after the annual city meeting, and he shall hold his office Recorder, his duties and powers. chosem CITIES. 21 until another be chosen and sworn. He shall take the oath provided by law to be administered to other judicial officers, and shall receive such com- Compensation. pensation as shall be established by by-law of said city. SEC. 3. In case said office of Recorder shall at any time become vacant, by death or otherwise, said Court of Common Council shall supply such ,, . rr j Vacancy, how vacancy at a meeting specially warned for that pur- supplied. pose, and the person chosen to supply said vacancy shall hold said office until the next succeeding an- nual meeting, and until another be chosen and sworn. SEC. 4. The Mayor of said city shall hereafter be the chief executive magistrate thereof ; and it shall be his duty to be vigilant and active in causing and powers. " y the laws to be executed and enforced, and he shall be conservator of the peace within said city, and shall have authority with force and strong hand, when necessary, to suppress all tumults, riots, routs and unlawful assemblies, and to arrest without war- rant, and commit to prison, for a time not exceed- ing twenty-four hours, any person or persons who may be detected in revelling, quarrelling, brawling, or otherwise behaving in a disorderly manner, to the disturbance or annoyance of the peaceable in- habitants of said city. He is also empowered to enter any house or building which he has reason- able cause to suspect to be inhabited by persons of ill fame, or to which persons of dissolute, idle, or disorderly character are suspected to resort. And if any dissolute, disorderly, or vagrant persons are found assembled in or about any such house or build- ing, he shall command all such persons immediately to disperse, if in his opinion the good order of any portion of the city require it ; and in case of neglect or refusal to obey such command, he is hereby authorized to commit any person or persons so dis- obeying to prison for a term not exceeding forty- eight hours ; and he shall have, and may exercise within the limits of said city, all the powers given to sheriffs or other officers by the 59th and 60th sections of the Act entitled " An Act concerning Crimes and Punishments," and he may at all times, if need be, require the aid of any Sheriff, Deputy 22 CHESHIRE. Sheriff, Town or City Constable or Watchman, or any or all of them, together with such other aid as may be necessary. And whenever he shall have reason to believe that great opposition will be made to the execution of his authority, he shall have power to call out the several companies of militia in said city, or any or either of them, and may exert all the force necessary to enable him to execute the laws within the limits of said city. SEC. 5. If any person shall hinder, obstruct, resist, or abuse the Mayor in the execution of his office, or when commanded to assist him therein, (being of sufficient age and ability,) shall refuse or Penalty for re- unreasonably neglect so to do, such offender, being sisting and re- thereof duly convicted, shall pay a fine not exceed- Ma n or t0 beythe * n ^> one hunted dollars, or shall be imprisoned in the county gaol not exceeding six months, or both, at the discretion of the court having cognizance of the offence. SEC. C. Every commissioned officer and sol- dier when called into service by the Mayor of said city, in manner aforesaid, shall be entitled to the same pay, and for disobeying the commands of the Pay of military sa \^ Mayor, shall be subject to the same penalty as is provided when called into service by the Sheriff of the county, by virtue of the Act entitled " An Act relating to Sheriffs." Approved, May 30, 1842. CHAUNCEY F. CLEVELAND. CHAPTER X. Whereas, the Assessors chosen by the town of Cheshire, on the first Monday in October, 1841, refused, and did not accept, or act as such Asses- sors, by reason of which other Assessors were after- wards chosen by said town, at a special meeting warned and held for that purpose, in said month of October, 1 84 1 . Therefore, COURTS. 23 Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened, That the said choice of Assessors at said special town meet- ing, and their doings as such, shall not, for the reason that they were not chosen on or before the first Monday in October, 1841, be considered or Doings of As- adjudged void, but the same, and the doings of said ses rs con- Assessors, if in all other respects conformable to law, are hereby ratified and confirmed. Approved, June 8, 1842. * CHAUNCEY F. CLEVELAND. CHAPTER XI. An Act in addition to an Act entitled " An Act for constituting and regulating Courts, and for ap- pointing the times and places of holding the same." SEC. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, That the first, second, third, fourth, fifth, sixth, seventh, eighth, fourteenth, fifteenth, and seven- teenth sections of the act passed May session, 1841, approved June 9th, 1841, entitled " An Act for constituting and regulating Courts, and for appoint- ing the times and places of holding the same," be, and the same are hereby repealed. And also, that so much of the sixteenth section of the last men- tioned act as provides that the salaries of the judges of the County Court shall be eight hundred dollars, be, and the same is hereby repealed. Also that the fourth section of an act passed May session, 1838, approved May 31st, 1838, entitled '-'An Act in alteration of an Act entitled an Act for consti- tuting and regulating Courts, and appointing the times and places of holding the same," be, and the same is hereby repealed. SEC. 2. That the several County Courts in this 24 COURTS. State shall respectively be held by one judge, resi- ding in the county, who shall be annually appointed Judge of County j-,y t ne General Assembly, and who shall have the Court ; how ap- , .1 j , , . i pointed ; his power and exercise the duties pertaining to the powers. judges of said court within the county for which he is appointed. SEC. 3. If the office of judge of the County Court shall be vacant, or the judge be disabled by sickness, at any time when the General Assembly is not in session, the clerk of said court, but if there Provision for va- be no clerk able to act, then the sheriff of such ability ' couftty shall give notice thereof as occasion may from time to time require, to the judge of some other County Court in this State, who shall there- upon have power to perform all the duties of judge in the county where such vacancy or disability has occurred, during the continuance of such vacancy When the Jud-^e or disability, and whenever the judge shall be dis- is disqualified, qualified to sit in a cause pending before said court appeakb^rthe 01 which is not appealable, his place shall be supplied case to be' tried by three justices of the peace, selected in the man- by Justices of the ner prescribed in the 39th section of the act enti- tled " An act for constituting and regulating Courts, and for appointing the times and places of holding If appealable, the same ;" and if such case shall be appealable, the plaintiff may then the plaintiff shall have power to remove it to remove the case . , & /~t j i *.- j to the Superior tne next Superior Court, as in said last mentioned Court. section provided. SEC. 4. That the County Courts, as constituted by this act, shall, and may, except as herein other- wise provided, exercise all the powers and be sub- Powers of Coun- ject to all the duties exercised by and imposed upon coiSrmld. ^d courts as now constituted. SEC. 5. This act shall be in force from and after the twentieth day of June, 1842; and there- Act when to take upon all acts and parts of acts, inconsistent here- with, shall be repealed. SEC. 6. The salaries of said judges shall be as follows, viz : for the judge of the County of Hart- ford, three hundred seventy-five dollars; for the judge of the County of New Haven, three hundred seventy-five dollars ; for the judge of the County of New London, three hundred twenty-five dollars ; for the judge of the County of Fairfield, three hundred twenty-five dollars ; for the judge of the COURTS. 25 County of Litchfield, three hundred twenty-five dollars ; for the judge of the County of Windham, two hundred fifty dollars; for the judge of the County of Middlesex, two hundred fifty dollars ; for the judge of the County of Tollajnd, one hun- dred seventy-five dollars ; which salaries shall be when and how payable at the times and in the manner provided payable, by law for the payment of the salaries of the judges of the Superior Court and Supreme Court of Errors. Approved, June 9, 1842. CHAUNCEY F. CLEVELAND. CHAPTER XII. An Act in addition to an Act entitled " An Act for constituting and regulating Courts, and for appointing the times and places of holding the same." SEC. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, That whenever in any county, in which more than one town is by law designated for holding the Su- perior and County Courts therein, an adjournment Adjournment of of such courts shall be required, pursuant to the Cour , ts in c un : ,_, 1^,1 f i i i ties navm g nalt- Joth and loth sections ot an act to which this is shire towns. an addition, the judge or judges holding such court, may adjourn the same to be held in such of said towns as he shall consider will most promote the public convenience. SEC. 2. Depositions taken to be used before the Superior or County Court, duly sealed up and Depositions may directed to such court, may be opened by a clerk be P ened b y f ,1 ci /- , ft . . Clerks of Supe- ol the superior or County Court in any county in rior ^d. County this State ; the clerk so opening such deposition Courts. certifying thereupon the time and place of his open- ing the same. SEC. 3. The act, passed May session, 1841, 4 26 COURTS. relating to adjourned terms of the Superior and Acts repealed by County Courts, and all acts, and parts of acts, in- this act. consistent with the provisions of this act, shall be, and the same are, hereby repealed. Approved, June 9, 1842. CHAUNCEY F. CLEVELAND. CHAPTER XIII. An Act respecting the Supreme Court of Errors. SEC. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, That immediately after the adjournment of the Su- preme Court of Errors in any county, there may A special session be holden in such county for the purposes herein- of the Superior a f ter specified, and for no other purpose, a session Court may be r *u ct /~i u u ' f '* f\ held upon ad- of the Superior Court by such judge of said Court journmentofthe as said Court of Errors shall designate; which Su- of UP Errors Us P er i r Court shall have the same power to render powers. judgment, and to cause execution to issue in all actions heard or decided during the preceding term of said Supreme Court, as any Superior Court would have at its regular term in the county where such action originated. SEC. 2. The clerks of the respective Superior Courts shall cause their entries and records in such Entries, &c by act i ns to conform to the orders made from time Clerks of the to time by the judge holding such special session of Superior Courts, the Superior Courts. Supreme Court SEC. 3. The Supreme Court of Errors are ^ U ^ empowered to make all rules proper to carry mto effect the true intent and meaning of this Act. Approved, June 9, 1842. CHAUNCEY F. CLEVELAND. COURTS. CHAPTER XIV. Clerks of Supe- rior Courts, &c. An Act relating to the appointment of Clerks of Courts. SEC. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, That the clerks appointed by the several County Courts agreeably to the 19th section of "An Act for constituting and regulating courts and for ap- Clerks of c ountv pointing the times and places of holding the same," Courts to be the shall be clerks of the Superior Court and of the Supreme Court of Errors, in and for their respec- tive counties ; whose powers and duties shall be the same as those now exercised and enjoyed by the several clerks of the Superior Court and Supreme Court of Errors. SEC. 2. Be it further enacted, That all acts Acts repealed by and parts of acts inconsistent with this act, be, this act. and the same hereby are repealed. Approved, June 9 ; 1842. CHAUNCEY F. CLEVELAND. CHAPTER XV. An Act to repeal an Act therein named. Be it enacted by the Senate and House of Rep- resentatives in General Assembly convened, That the Act entitled "An Act in addition to an Act entitled an Act for constituting and regulating Courts, and Act f re P ealed for appointing the times and places of holding the ^werto^emove same," passed May session, 1841, empowering the cases from one chief judge of the Supreme Court to order that the cases which are, or may stand for trial in any one county, may be tried in some adjoining county, 28 CRIMES AMD PUNISHMENTS. and for other purposes in said act specified, be, and the same is hereby repealed. Approved, June 9, 1842. CHAUNCEY F. CLEVELAND. CHAPTER XVI. An Act in addition to an Act entitled " An Act con- cerning Crimes and Punishments." SEC. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, That whenever, in any prosecution pending before the Superior or County Court, it shall be made to Depositions appear to such Court, or to the judge who shall under what or- }j ave b een designated to hold the next term of said cumstances to be /->, ., taken, and before Court, that the testimony of any witness, or wit- whom. nesses, will be required, who, by reason of sickness, bodily infirmity, or residence out of this State, can- not be had in person before such Court on the trial of such prosecution, such Court, or judge, may, upon the application of such person so prosecuted, order and direct that the deposition of such witness, or witnesses, shall be taken befere a commissioner, or magistrate, to be designated by such Court, or judge. Provided, however, that no such deposition shall be so taken until after reasonable notice shall have given**) the keen gi ven to the attorney for the State in the State's Attorney County in which such prosecution shall be so pen- tion% e s Xa ^wer ding, of the time and place, when and where such to file additional examination shall be had, and of the interrogatories interrogatories, to be propounded to the witness, or witnesses. And said attorney may, within such time as such Court or judge shall limit and appoint, file with the clerk of said Court, where such prosecution shall be pending, additional interrogatories to be pro- Depositions ad- pounded to the witness or witnesses to be examined, missibie on trial. And depositions so taken and opened, and lodged ELECTIONS. 29 on file with the clerk of said Court, within such time as said Court or judge shall direct, may be used on the trial of such prosecution. Approved, June 8, 1842. CHAUNCEY F. CLEVELAND. CHAPTER XVII. An Act regulating Elections. SEC. 1. Be it enacted by the Senate and House of Representatives in General Assembly, convened, That at the Electors' meetings in the respective towns in this State, on the first Monday in April, in Names . of E1 f- , A , . ,. fr i 11 u tors voting on the each year, the presiding officer shall cause to be fj rst Monday in made a record of the name of every person depos- April to be re- iting his vote in the ballot box provided for the re- ception of votes for Governor, Lieutenant Gover- nor, Secretary, Treasurer, Comptroller, Senator, Sheriff and members of Congress; which said re- Record to be de- cord shall at the close of the election, be deposited posited with the with the town clerk according to the provisions Town CIerk - of an act entitled " an Act in alteration of an Act regulating the Election of Governor, Lieutenant Governor, Senators, Members of the House of Rep- resentatives, Treasurer and Secretary," passed at the Special Session of the General Assembly, be- gun and held on the 21st day of December, 1836, Act as modified approved December 29, 1836 which last men- re-enacted, tioned act, as modified by subsequent acts now in force, and not repealed by the following sections of this act, is hereby revived and re-enacted. SEC. 2. Be it further enacted, That the act entitled "an Act to provide for the Registration of the Names of the Electors of this State," passedby the General Assembly at their May Session, begun and held on the first Wednesday of May, 1 840, approvd June 5th, 1840, be, and the same is hereby repealed. SEC. 3. Be ' it further enacted, That sections second, third, fourth, fifth, sixth, seventh, eighth, 30 ELECTIONS. Repealing cer- tain sections of another act. Act of 1839 repealed. Qualifications for voting for State Officers and Electors of President, &c. Representatives in Congress, and Sheriff of the County. Electors coming from other towns to produce cer- tificates and be sworn. False swearing, how punished. and ninth of the act entitled " an Act regulating special electors meeting, for the choice of Repre- sentatives in the Congress of the United States," passed by the General Assembly at their session held in May, 1840, be, and same hereby is repealed. SEC. 4. Be it further enacted, That the act entitled " an Act to provide for the Registration of the Names of Electors," passed by the General As- sembly at their session, held on the first Wednes- day of May, 1839, approved June 7th, 1839, be, and the same is hereby repealed. SEC. 5. Be it further enacted, That every le- gally qualified elector of any town in this State, hav- ing resided in the State the time required by law, shall be authorized to vote in any other town in the State for Governor, Lieutenant Governor, Secreta- ry, Treasurer, Comptroller, and electors of President, and Vice President of the United States ; and ev- ery such elector who may lawfully vote for Repre- sentatives in any town in the Congressional District in which he resides, or who shall have resided four months next preceding in such Congressional Dis- trict, shall be authorized to vote in any town in the Congressional District in which he resides at any election for a Member of Congress in said District; and any such elector who may lawfully vote for Re- presentatives in any town in the county in which he resides, or who shall have resided in such coun- ty for the period of four months next preceding, shall be authorized to vote in any town in the county in which he resides at any election for Sheriff for said county. Provided, If such elector offers his vote in any other town than the one in which he may lawfully vote for Representatives, he shall produce a certificate from the town clerk of the town in which he shall have been admitted an elector, of such his admission, and shall be sworn before the presi- ding officer of the Electors' Meeting where he of- fers to vote, (which oath said presiding officer is hereby authorized to administer,) that he is the iden- tical person named in the certificate produced, and that he has not on the same day voted in any other town in this State : and false swearing in the mat- ter above specified shall be deemed perjury, and punished accordingly ; and the certificates required ELECTIONS. 31 by law to be produced by such electors shall be Certificates to be , i-.ii f ii_ 11 u deposited with placed in the possession of the town clerk who Town Clerk. shall preserve the same. SEC. 6. The town clerk and selectmen shall be in session during the Electors meetings of their respective towns, at or near the place where such meeting is held, and if the vote of any person is Town CIerk ^ challenged, and if in the opinion of the presiding Selectmen may officer of the meeting, delay would arise by the de- decide on chai- cision of the challenge by himself, then said presi- ding officer may refer the question whether the per- son whose vote is challenged is entitled to vote, to said town clerk and selectmen by whom such question shall be immediately heard and decided, before the ballot box is closed, and reported to the presiding officer, who shall conform to such decision. The town clerk and a majority of the selectmen, and in the absence of the town clerk, a majority Quorum there- of the selectmen, shall constitute a quorum to act for> on such question, and a quorum being present, the decision of a majority of those present shall be binding. Approved June 7, 1842. CHAUNCEY F. CLEVELAND. CHAPTER XVIII. An Act relative to Students at Literary Institu- tions. SEC. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, That in all cases, where persons have left, or shall leave, their home or place where they reside, to attend any Academy, College, or other Literary In- stitution, in any town or city in this State, for the purpose of obtaining an education, that absence for such purpose, while so attending such Academy, College, or other Literary Institution, as students, 32 ELECTIONS. Residence at a Literary Institu- tion, not to con- stitute such a change of domi- cil as to subject the person to taxation, or to confer the privi- leges of an elector. shall not constitute a change of the place of resi- dence of such persons, so as to cause them to be liable to be taxed, or to be entitled to be admitted to the privilege of electors, or being electors, to vote in the town or city where such Academy, College, or Literary Institution is situated, and where a res- idence in said town or city is by law neccessary for the purposes aforesaid; but all such persons shall be subject to such liability (unless by law ex- empt therefrom) and entitled to such privileges, if otherwise duly qualified, in the town or place where they resided previous to such temporary absence for the purpose of obtaining an education as aforesaid, or in such other town to which they may have changed their home and residence during said time. SEC. 2. Be it further enacted, That so much of any former act, or acts as is inconsistent with this act, be, and the same hereby is repealed, and that this act shall take effect from the time of passing the same. Approved, June 8, 1842. CHAUNCEY F. CLEVELAND. Towns may order the ballot boxes to be opened at seven o clock in the morning. CHAPTER XIX. An Act in addition to "An Act conferring certain powers on the towns therein named." SEC. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, That the several towns in this State, at their an- nual town meetings, a notice to that effect having been inserted in the warning therefor, shall have right, if they see fit, to order that all future elec- tors meetings in said towns, respectively, shall be warned, opened and holden at 7 o'clock,, in the morning, and that the ballot box for all officers to ELECTIONS. 33 be chosen at said meetings, shall be opened at that time. SEC. 2. Any towns having passed the order named in the preceding section of this act, shall when and how have the power to rescind the same only at a future rescinded. annual town meeting ; a notice to that effect hav- ing been inserted in the warning therefor. SEC. 3. That in the towns of Hartford, New Haven, and in all other towns in which the order specified in the first section of this act shall have passed and be in force, the town clerk and select- men of said towns respectively shall meet together Board for ^^ on the day of holding electors meeting in said ting electors to towns, at 7 o'clock, in the forenoon, at the place of meet at seven i i , . i i ' f i f o clock in the holding the elections, for the purpose 01 receiving, mor ning. examining and deciding on all applications to be admitted to the privilege of electors, in lieu of meet- ing for that purpose at 9 o'clock in the morning, as required by the third section of the act entitled " An Act relative to the admission of electors." Approved May 30, 1842. CHAUNCEY F. CLEVELAND. CHAPTER XX. An Act in addition to " an Act relative to the Ad- mission of Electors. SEC. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, That the selectmen and town clerk of the several Time of meetings ,. r ii " 11 ot selectmen and towns in this State, in lieu of the time now by law Town Clerk for provided for that purpose, shall meet at the place admitting elec- of holding electors meetings, or at such other place tori ' as shall be designated by said towns, or the select- men thereof, on the last Monday of March, annually, and on the last Monday of October, 1844, and on the last Monday in October, quadriennially there- after, at nine o'clock, A. M. of said days, for the 34 ELECTIONS. Continuance of the session. Meeting may be adjourned from time to time. Towns may . make certain regulations. Town Clerk and Selectmen to de- cide on the claims of electors who have been admitted in other towns. Record to be made of persons so admitted, &c. Time and place of said meeting to be notified. Town Clerk and Selectmen may examine under oath. purpose of examining and deciding upon all appli- cations to be admitted to the privilege of an elec- tor ; and shall continue in session for that purpose until five o'clock, P. M. of said days, if so long a time be necessary, and may adjourn said meetings from time to time. And any town of this State, at their annual town meeting, notice to that effect having been inserted in the warning therefor, may provide that no person shall be admitted an elector on the first Monday of April, and first Monday of November, except such as shall have attained the age of twenty-one years after the last meeting of the said town clerk and selectmen ; and such vote, being passed by any town, shall be valid and effectual in such town ; but admissions of electors may be made on the morning of electors meeting day on the first Monday of April, and first Monday of November, in all towns where such vote has not been passed as aforesaid. SEC. 2. Be it further enacted, That at any of the meetings aforesaid, the said town clerk and selectmen shall have the power to examine and de- cide upon all applications that shall be made to them for the privilege of voting in the town where such meeting is held, by persons previously admit- ted electors in other towns, and a record shall be made and preserved of the persons so admitted to such privilege, and of the officers for which they are entitled to vote. SEC. 3. It shall be the duty of the town clerk and selectmen to cause notice of the time and place of their said meetings, to be given to the in- habitants of the town where such meetings are held, by posting such notice on the public sign-post 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 meeting. SEC. 4. The said town clerk and selectmen, when met at any time for the purposes aforesaid, or for the purpose of hearing and deciding upon chal- lenges on election days, may, at their discretion, examine applicants and witnesses under oath ; and if any person, in giving his testimony before them, shall be guilty of wilful false swearing, such person FISHERIES. 35 shall, upon conviction thereof, suffer the punish- ., i , , c .1 f lalse swearing, ment prescribed by law for the crime 01 perjury ; how pun i s h a bie! and if any person, not under oath, shall wilfully give a false name, or a false statement, to said Penalty of giving selectmen and town clerk, when so met, he shall ^ e or forfeit the sum of fifty dollars to the treasury of the State. Approved, June 10, 1842. CHAUNCEY-F. CLEVELAND. CHAPTER XXI. An Act relating to the Fishery in Bride Pond, in East Lyme. Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened, That who- Penalty for viola- ever shall violate the provision of a Resolution, Seating ^ passed by the General Assembly, May session, this fishery, 1823, respecting the fishery in Bride Pond, in East Lyme, shall be subject to a penalty of twenty-five dollars. Approved, June 8, 1842. CHAUNCEY F. CLEVELAND. CHAPTER XXII. An Act for the preservation of Game. SEC. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, That if any person shall, between the first day of February and the first day of August in any year, 36 GAME. Killing Game, &c., at certain seasons, inter- dicted. Penalty. Certain birds excepted. Forfeiture for trespass. Further penalty for violating this act. Act rcpealeJ. kill or destroy, have in possesion, sell or expose for sale, any of that species of game called Wood- cock ; or shall take or destroy the nests or eggs of the same ; or between the first day of February and the fifteenth day of September, kill or destroy, have in possesion, sell, or expose for sale, any of that species of game called Pheasants, Partridges, or Quails, or shall take or destroy the nests or eggs of the same, he shall forfeit and pay for every such Woodcock, Pheasant, Partridge, or Quail, nest, or eggs, so taken, or destroyed, the sum of one dollar to any person who shall prosecute therefor, by action, grounded on this statute. SEC. 2. If any person shall shoot at, or kill any of the birds mentioned in the preceding sec- tion, or any other bird or birds, or shall take or de- stroy the nests, or eggs of the same, (excepting Crows, Pigeons, and marine birds, all water fowls, and all birds known as birds of prey,) upon lands not owned or occupied by himself, and without license from the owner, or occupant thereof, at any time between the first day of February and the first day of August, in any year, he shall forfeit and pay to the owner, or occupant of such lands a sum not exceeding five dollars, in addition to the actual dam- ages sustained, to be recovered by such owner or occupant in an action of trespass. SEC. 3. And be it further enacted, That any person who shall be guilty of a violation of the pro- visions of this act, may be punished by fine not exceeding five dollars, or by imprisonment in a com- mon jail not exceeding ten days, or by such fine and imprisonment both, at the discretion of the court having cognizance of the offence. SEC. 4. Be it further enacted, That the Act entitled "an Act for the protection and preserva- tion of Birds and feathered game," be, and the same is hereby repealed. Approved June 8, 1842. CHAUNCEY F. CLEVELAND. IMPRISONMENT FOR DEBT. 37 CHAPTER XXIII. An Act to abolish Imprisonment for Debt. SEC. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, That no person shall be arrested, held to bail, de- Imprisonment, j. i i r> i upon process tamed, or imprisoned, upon process, mesne or final, f oun ,ied on con- founded upon contract merely, express or implied, tract, abolished : any law or custom to the contrary notwithstanding. Provided, That in all actions for tort, and in all actions for fines and penalties, or on promises to marry, or for monies collected or received by a pub- lic officer, or by any person while acting as trustee, or in any fiduciary capacity, or for any misconduct or neglect in office, or in any professional employ- ment; and in all actions on the case at common law for fraud, (and which actions on the case, are hereby authorised) alleging fraud against any per- son, in fraudulently or collusively obtaining credit ; e * ce l* m certain PIII" . it specified. Ccises* or in fraudulently contracting any debt, or incur- ring any obligation ; or in fraudulently, with intent to defraud the plaintiff in such action, concealing, removing, withholding, assigning, or conveying away from legal process, his property of any kind or choses in action ; or in fraudulently keeping back his money or means on a debt admitted or recov- ered by judgment ; or in witholding or refusing to disclose or avow his rights in actions or credits, so that they may be reached by process of foreign attachment ; in all such cases and actions, the de- fendant may be held to bail, arrested, or imprison- ed, with the same means of release and discharge of his body, as provided in such actions by existing laws. SEC. 2. Alf provisions of law, inconsistent herewith are repealed ; and this act shall take effect " to take on and from the 4th day of July, 1842. Approved, June 10, 1842. CHAUNCEY F. CLEVELAND. 38 LANDS. CHAPTER XXIV. Omission of Notarial Seal shall not invali- date acknow- ledgments. An Act in addition to an Act entitled " an Act to confirm Deeds and other Conveyances of Real Estate." Be it enacted by the Senate and House of Repre- resentatives in General Assembly convened, That all deeds of land, and other conveyances of real estate, which have been acknowledged before any Notary Public duly appointed and commissioned by virtue of the act passed in 1833, entitled " an Act au- thorizing Notaries Public to administer Oaths," on which the Notary Public, taking such acknowledg- ment, shall have omitted to place his seal of office, shall not, for such omission, be adjudged void ; but shall be valid to all intents and purposes, to the same extent as if said seal had been placed thereon. Approved, June 9, 1842. CHAUNCEY F. CLEVELAND. CHAPTER XXV. record deeds, &c., within thirty days. Penaity for neglect. An Act in addition to an Act concerning Lands. Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened, That it PI 1, shall be the duty of Town Clerks to record, or Clerks to J , , ', cause to be recorded at length, all deeds, and other instruments left for record, within a reasonable time, not to exceed thirty days from the time said deed is left for record. And if any Town Clerk shall violate the provision of this act, he shall for- ^ anc * P a Y to tne Treasurer of the town where the offence is committed, a penalty of not less than LANDS. 39 seven dollars, nor more than fifty dollars, at the discretion of the court having cognizance of the offence. Approved, June 10, 1842. CHAUNCEY F. CLEVELAND. CHAPTER XXVI. An Act to cede to the United States the jurisdic- tion of certain lands in this State. SEC. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, That his Excellency, the Governor, be, and he is hereby authorized and empowered to cede to the Governor United States, Fort Trumbull, in the town of New Sa London, and Fort Griswold, in the town of Gro- bull and ton, and the jurisdiction of the lands whereon the wold ' &c - same are situated, and of so much of the lands thereto adjoining, as in his opinion, may be neces- sary for the accommodation of the United States. SEC. 2. Be it further enacted, That the deed, Deed to be re- or instrument of such cession, shall be recorded by corded by Secre- the Secretary of State before its final delivery to the United States. Provided, However, that the p r0 viso, reser- right to serve civil and criminal process upon said s *he right to lands, be, and the same is hereby reserved. serve proc( Approved, June 9, 1842. CHAUNCEY F. CLEVELAND. 40 SPIRITUOUS LIQUORS. Repeal of laws regulating the sale of spirituous liquors. Taverners only to sell liquors to be drank on the premises. Penalty of violation. CHAPTER XXVII. An Act in relation to the sale of Spirituous Liquors. Be it enacted by the Senate and House of Repre- sentatives, in General Assembly convened, That all laws now in force regulating the sale of Spirituous Liquors be, and the same are hereby repealed. Provided, That no person or persons, excepting taverners, shall sell directly or indirectly, by an agent or otherwise, to any person or persons, or permit to be sold, any wines or distilled Spirituous Liquors to be drank in his or her house, shop, dis- tillery, or dependencies, upon penalty of forfeiting and paying the sum of Jive dollars to the treasurer of the town wherever such offence is committed, for each and every violation of this law. Provi- ded, also, That this act shall not be construed to repeal or affect, the second, third or fourth sections of the act entitled " an Act for Licensing and Regu- lating Taverns, and suppressing unlicensed houses." Approved June 10, 1842. CHAUNCEY F. CLEVELAND. CHAPTER XXVIII. An Act in addition to an Act entitled " An Act relating to Masters and Servants." SEC. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, That no child, under the age of fifteen years, shall Children under be employed to labor in any manufacturing estab- the age of fifteen r , , J 11- years not to be ushment, or in any other business m this State, ?T plo r? in un l ess su ch child shall have attended some public or private day school where instruction is given by a teacher, qualified to instruct in orthography T MASTERS AND SERVANTS. 41 reading, writing, English grammar, geography, three months and arithmetic, at least three months of the twelve empLved' * months next preceding any and every year in which such child shall be so employed. And the owner, agent, or superintendant, of any manufac- turing establishment who shall employ any child -in such establishment, contrary to the provisions of ^oLdon? r this section of this act, shall forfeit and pay for each offence, a penalty of twenty-five dollars to the treasurer of the State. SEC. 2. A certificate, signed and sworn to by the instructor of the school where any child may ^rue-tors o be have attended, that such child has received the received in evi- instruction herein intended to be secured, shall be dence - deemed and taken to be sufficient evidence of that fact in all cases arising under this act. It shall be f , , LJ f i i i f Duty ot school the duty ot the school visiters ot the several school visitors. societies, personally, or by a committee by them appointed, annually, and as often as they shall think proper, to examine into the situation of the children employed in the several manufacturing establishments in their respective societies, and to ascertain whether the requisitions of this act are duly observed, and to report all violations thereof to some informing officer, to the intent that prose- a^tofcT prose- cutions may be had therefor : and it is hereby cuted. made the duty of all informing officers to prosecute for all violations of any and all the provisions of this act. SEC. 3. No proprietor or proprietors of any cotton or woolen manufacturing establishment in this State, or person or persons carrying on the business of manufacturing in any such establish- ment as lessees or in any other manner, or person fourteeTyears^f or persons having charge of the affairs of any such age not to be establishment or business, shall employ, or suffer to em P lo y ed more , , . . , . . . I , J .. . than ten hours a be employed, or aid or assist in employing in such day. establishment, any child under fourteen years of age, a greater length of time than ten hours in any one day. And every person who shall violate any of the provisions of this section of this act, shall penah for forfeit and pay for each offence, a penalty of seven violation. dollars. 6 42 MEDICAL SOCIETY. MILITIA. Repeal of acts g EC . 4. All acts, and parts of acts, inconsis- inconsistent -,i_ ,1 c ^t,' i i_ herewith. tent Wltn tne provisions of this act, are hereby repealed. Approved, June 10, 1842. CHAUNCEY F. CLEVELAND. CHAPTER XXIX. An Act in alteration of an Act entitled " An Act to incorporate the Connecticut Medical Society." Be it enacted by the Senate and House of Reprc- ^ e P e ^ ofthe . sentatives in General Assembly convened, That the eighth section of ... . . . . f , A .' a certain act. eighth section of an Act entitled " An Act to incor- porate the Connecticut Medical Society," be, and the same is hereby repealed. Approved, June 10, 1842. CHAUNCEY F. CLEVELAND. CHAPTER XXX. An Act in addition to an Act entitled " An Act for forming and conducting the Military force." Be it enacted by the Senate and House of Repre- Quar ^ r Master sentatives in General Assembly convened, That the General! mayte Quarter Master General, the Commissary General, removed by the and the Pay Master General, who have been or , ma y be appointed under the ninth, tenth and Senate. eleventh sections of the act to which this is an MILITIA. addition, may be removed from their offices, respec- tively, by the Senate, upon the recommendation of the Governor. Approved, June 6, 1842. CHAUNCEY F. CLEVELAND. 43 CHAPTER XXXI. An Act in alteration of an Act entitled " an Act for forming and conducting the Military Force." Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened, That the Quarter Master General shall become bound to the State Treasurer, with sureties, in a bond of ten Reduction of the thousand dollars, in lieu of the twenty thousand bond of Q uarter dollars now required by the ninth section of the act of which this is an alteration. Approved, June 8, 1842. CHAUNCEY F. CLEVELAND. Master General. CHAPTER XXXII. An Act in addition to and in alteration of an Act entitled " an Act for forming and conducting the Military Force." SEC. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, That all officers, musicians and privates, of the Ten years of militia of this State, who shall hereafter perform military sen-ice military duty in said militia, according to law, for a period of ten years, and who shall, while per- ' 44 J MILITIA. Commanding- officers to keep records, and under oath, &>c., to deliver a copy to Town Clerks. Certificates to be produced to Assessors. Nominations of persons not present, for commissioned officers. forming such duty, conduct themselves in an or- derly and soldier-like manner, and be armed, equip- ped and clothed in uniform as provided by law, shall, during such time of service, and ever after, be exempt from the payment of a poll tax. SEC. 2. That the commanding officer of each brigade shall keep a record of the names of the members of his staff, and of the time when they were respectively appointed, and performed mili- tary duty. And a similar record shall be kept by each commandant of a regiment of the names of the field and staff officers of his regiment, and whether they have performed military duty in the manner specified in the preceding section. The commanding officer of each and every military company also shall keep an accurate record of the names of such members thereof as shall perform military duty therein, armed, equipped and clothed in the manner specified in the preceding section of this act, and the dates when such duty shall have been performed ; and shall, on or before the 20th day of October, in each year, make out and deliver a copy of such record, verified by his oath or affirmation, to the town clerk of the town in which such members of said military companies re- side, to be by said clerk kept on file in his office. SEC. 3. Brigade officers and their staff, claim- ing the benefit of the first section of this act, shall produce a certificate from the commandant of the brigade to which they are attached, to the assessor or assessors of the town in which they reside, show- ing that they have performed military duty for the time and in the manner prescribed by said first section. And regimental officers and their staff claiming such benefit, shall produce to such asses- sors a similar certificate from the commandant of the regiment to which they belong. And members of military companies claiming such benefit, shall produce to such board a similar certificate, showing the facts, from the town clerk of the town in which they reside. SEC. 4. That whenever any company shall nominate for commissioned officers thereof, any person or persons not present at the time such nomination may be made, every such person or MILITIA. 45 persons, shall be entitled to six days time, within w4iich to signify to the officer leading such com- pany to such choice, whether he or they accept or decline such nomination ; and in case he or they fail so to do, he or they shall be considered as declining the same. SEC. 5. That whenever any company, after being twice ordered out for choice of commissioned Providing for the officers, shall, at the expiration of six days from the appointment of . . / i i 111 commissioned second time of their being so ordered out, be des- officers under titute of commissioned officers, either in whole or failure to elect. in part, the commandant of the regiment, within the limits of which such company may be located, shall have power to nominate to the commanding officer of the brigade to which such regiment may belong, suitable persons to fill all vacancies then existing among the commissioned officers of said company ; and if such nominations shall be ap- proved by the said commanding officer of such brigade, the persons so nominated and approved, shall be commissioned by the Governor, as the officers of such company. SEC. 6. That all acts and parts of acts incon- Act3 inconsisteut sistent herewith, be, and the same are hereby herewith, re- repealed, pealed. Approved, June 10, 1842. CHAUNCEY F. CLEVELAND. CHAPTER XXXIII. An Act repealing part of the seventh section of an Act entitled " an Act in addition to an Act, entitled an Act for forming and conducting the Military Force," passed May session, 1839. Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened, That so rfthe sev much of the seventh section of the act entitled section of a An Act in addition to an Act entitled an Act for certaiu act> 46 NOTARIES PUBLIC. OATHS. forming and conducting the Military Force," passed May session, 1839, as authorizes the use of a fiejd piece in the hands of any military company for any other purpose than company exercise or review, upon permission of a majority of the select- men of the town in which the same is kept, be, and the same is hereby repealed. Approved, June 10, 1842. CHAUNCEY F. CLEVELAND. CHAPTER XXXIV. An Act in addition to an Act entitled " An Act authorizing the Governor to appoint a Secretary and Notaries Public." Commissions of Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened, That all commissions of Notaries Public, granted prior to the 8th day of May, 1842, shall expire on the twen- tieth day of June, 1 842 ; any law to the contrary notwithstanding. Approved, June 10, 1842. CHAUNCEY F. CLEVELAND. CHAPTER XXXV. An Act in addition to " An Act relating to Oaths." Commissioner of Be it enacted by the Senate and House of Repre- thorized "to !ul- sent otives in General Assembly convened, That the minister oaths. Commissioner of the School Fund, by virtue of his ORDERS OF NOTICE. OXFORD. 47 office, be, and he is hereby authorized to adminis- ter an oath at any place within this State. Approved, June 9, 1842. CHAUNCEY F. CLEVELAND. CHAPTER XXXVI. An Act respecting Orders of Notice. Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened, That in all petitions, and other matters, brought to, or pen- A Ju ^s e of tlie ding before the County Court of any County in this ^J 8 ^ orders State, any judge of the Supreme Court of Errors, of notice in mat- shall have the same power, in vacation, to make * ers P en ^ in g bc ' __. - /-1/-1 f~t ' ore tne Bounty Orders of Notice as a judge of the County Court Courts. now by law has, or may hereafter have ; and such orders shall have the same effect to all intents and purposes as if made by a judge of the County Court. Approved, June 6, 1842. CHAUNCEY F. CLEVELAND. CHAPTER XXXVII. An Act concerning the Town of Oxford. Whereas, by mistake, the town of Oxford neg- lected to lay a tax for defraying the expenses of said town, and repairing their highways, and also neg- lected to appoint a collector for the same, at their annual town meeting in the year 1841, but did lay taxes for said purposes, and appoint collectors of the same, on the first Monday of January, 1842, 48 OXFORD. - OYSTERS. &c. and appointed the collector of the state and town tax, a constable at said meeting : Therefore Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened, That said taxes laid as aforesaid, and said appointment of collector and constable, be, and the same are hereby ratified and confirmed in the same manner as if the same had been done at the annual town meeting. Approved, June 9, 1842. CHAUNCEY F. CLEVELAND. dams, &c. CHAPTER XXXVIII. An Act for the growing of Oysters. SEC. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, That it shall be lawful hereafter for the owner or owners, of any land in this State, wherein there mav ^ salt water creeks or inlets, to dam, gate, or lock the said creek or inlet, for his or their use, for an oyster pond for the growing of oysters therein. SEC. 2. The selectmen on application of the owner of any creek or inlet as aforesaid, shall visit and examine the same, and if in their opinion, the damming said creek or inlet will not injure navi- gation, or deprive the public of any rights or privi- i u .1 ,, L n leges which they now enjoy, the said selectmen shall report to a town mark off or set bounds, where a dam may be built, and report their opinion to any annual or special town meeting of the town wherein said creek or inlet is situated ; and if the town meeting shall approve of the opinion of said selectmen, to dam said creek or inlet, then the owner of said creek, or inlet, may construct a dam, gate or lock across said creek or inlet for their use as an oyster pond for the growing of oysters. Seiectmen to examme, set bounds, and OYSTERS. 49 SEC. 3. If any person or persons shall commit any injury or damage to the dams or gates of any oyster pond, or shall carry away oysters therefrom in the day time, he shall forfeit and pay to the pros- renalt ^ for in - u ecutor, for each offence, not exceeding seven dol- rv and dqnvda- lars, or be confined in the County jail or workhouse, tion - not exceeding thirty days ; and if any person shall commit damages as aforesaid, in the night season, he shall forfeit and pay twenty-five dollars, or be confined in the county jail or work-house, not ex- ceeding three months. SEC. 4. If the owner of any oyster pond in this State, shall plant or lay down oysters in his r ia |y for i , i i !_* i_.- A!. ^i plfintiuff ovsters pond, or cause it to be done, which are the growth ^ rowil ; t hi s of the waters of this State, he shall forfeit and pay State. to the prosecutor therefor twenty-five dollars, for each offence. SEC. 5. There shall not any thing in this act Act rcvocab]e) be so construed as to grant individual rights, which &c. may not be amended or repealed, by the General Assembly. Approved, June 10, 1842. CHAUNCEY F. CLEVELAND. CHAPTER XXXIX. An Act to promote the Growing of Oysters. SEC. 1. Be it enacted by'the Senate and House of Representatives in General Assembly convened, That from and after the first day of March, until the first day of November in each year, no person ^ c e h d o lir ^ 3 or persons shall take, gather, or collect, any Oysters 8 hdl * be t*- or oyster shells, in or upon any of the flats, creeks, ken. banks, rivers, harbors, or waters of this State. And any person who shall violate this act, shall for each offence, be punished by a fine of not less Petialty . than seven dollars, nor more than fifty dollars, or by imprisonment in the work-house or common 7 50 OYSTERS. PAUPERS. Jurisdiction of Justices of the Peace limited. Provision not to extend to the owners of oyster beds. Act not binding on any town which shall dk- sent therefrom. jail of the County wherein such offence shall be committed, not exceeding twenty days, or by such fine and imprisonment, both, at the discretion of the court having cognizance of the offence. Provided, That no justice of the peace, for any such offence, shall inflict a greater punishment than a fine of seven dollars and imprisonment, not ex- ceeding twenty days. Provided further, That nothing in this act shall be so construed as to prohibit any person or persons, being the owners thereof, from retaking any Oys- ters, by him or them laid down or planted, and not in or upon any natural Oyster beds, or places where Oysters naturally grow. Provided, Also, that the provisions of this act shall not extend to any town in this State which shall dissent to the same, at a legal meeting of the inhabitants of such town duly warned and holden on or before the first day of November next. Approved, June 10, 1842. CHAUNCEY F. CLEVELAND. shaii fail to be reimbursed. CHAPTER XL. An Act in addition to an Act entitled " An Act for the support of State Paupers." Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened, That, unless some one of the selectmen of any town in this State, shall, at or before the time he gives notice to the Comptroller of Public Accounts, of the necessi- tous circumstances of any person or persons claimed to be a State pauper, also make oath that he verily believes said person or persons are State paupers, said town shall not be entitled to receive any reim- PEDLERS. PROBATE DISTRICTS. 51 bursement for expenses incurred in relieving and supporting any person or persons claimed to be a State pauper, as aforesaid. Approved, June 10, 1842. CHAUNCEY F. CLEVELAND. CHAPTER XLI. An Act in alteration of an Act, entitled " An Act for the regulation of Pedlers." SEC. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, That so much of the act passed in 1841 for the Repeal of part i , / T 11 i or an Act of regulation of redlers as requires persons who are 1341. inhabitants of this State to take out a license, be, and the same is hereby repealed. SEC. 2. Nothing in this act shall be construed to exempt any person, not an inhabitant of this ^'exemptfro Slate, from the payment of the tax or license, agree- tax on license. able to the act passed in 1841. Approved, June 10, 1842. CHAUNCEY F. CLEVELAND. CHAPTER XLII. An Act to alter the name of the Probate District of Clinton. Be it enacted by the Senate and House of Repre- Name of District scntatives in General Assembly convened, That the c . han ed to KU- name of the Probate District of Clinton, be, and gw 52 PROBATE DISTRICTS. RAIL ROADS. the same is hereby altered to the name of Killing- worth. Provided, That all matters and business begun or entered in the Court of Probate, for the District of Clinton, shall be completed and finished in the Court of Probate for the District of Killingworth. Business begun to be finished in the District of Clinton. Approved, June 1, 1842. CHAUNCEY F. CLEVELAND. Roxbury consti- tuted a Probate District. CHAPTER XLIII. Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened. That the town of Roxbury be, and hereby is constituted a Probate District, by the name of the District of Roxbury. Provided, That all matters and business begun, ss begun or entered in the Court of Probate for the District in the District ot Woodbury to be ol Woodbury, shall be completed therein, in the finished therein. sam e manner as if this act had not been passed. Approved, June 6, 1842. CHAUNCEY F. CLEVELAND. CHAPTER XLIV. An Act in addition to an Act, entitled " An Act to aid in the construction of the Housatonic Rail Road." SEC. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, Commissioners, That whenever the Commissioners of the Housa- tonic Rail Road, appointed under the act of 1839, RAIL ROADS. SOCIETIES. 53 shall be required to redeem the notes by them when required approved, they are hereby authorized to sell undi- TirStoIeii vided equal parts of the property, by law pledged property and for their redemption, as well as shares of the stock stock< of said Company ; and the avails of such sale or sales, as well as the nett income of the business of said road, to apply to the payment of the same. SEC. 2. The notes of said corporation which said Commissioners are authorized to approve, may Interest allowed be made payable at a rate of interest not exceeding seven per cent. SEC. 3. Be it further enacted, That so much of the act, passed at the May Session of the General Assembly, 1839, to which this is an addi- tion, as confers banking privileges on said Com- Banking pnvi- c f 4 i ? iU f l e o es repealed, pany, except so tar lortn as relates to the notes ot except to a cer- said Company, already issued and approved, or that tain extent, may hereafter be issued and approved, at any time on or before the first Monday in June, 1844, as renewals thereof, be and the same is hereby re- pealed. Nothing in this act contained, shall be so con- strued as to confer banking privileges on said Com- pany, except as herein above excepted. Approved, June 6, 1842. CHAUNCEY F. CLEVELAND. CHAPTER XLV. An Act in addition to an Act, entitled " An Act relating to religious Societies and Congrega- tions." Whereas, doubts have arisen in the minds of some, whether the Episcopal Societies in this State have been legally organized : Be it therefore enacted by the Senate and House of Representatives in General Assembly convened, Act * of . Ep ls That the acts which have been done by ecclesias- confirmed. 163 54 SOCIETIES. tical societies of this State, organized under the Episcopal order, according to the rules and customs of said societies, shall be good and effectual in law: And that the Wardens and Vestrymen of said soci- Wardens and .. i n i r. i A . . Vestry-men con- eties sna " hereafter be a society s committee, and stituted the Soci- shall have all the powers in managing the affairs of ety's Committee. sa ^ soc i e ti e s, as are granted to the committees of all religious societies in this State by the statute in such case made and provided. Approved June 1, 1842. CHAUNCEY F. CLEVELAND. CHAPTER XLVI. An Act relating to religious societies and Congre- gations. Be it enacted by the Senate and House of Repre- Name of Society sentatives in General Assembly convened, That the changed from name of the Ecclesiastical Society of North Mil- ford > in the town of Orange, be, and the same is hereby altered to the name of the Ecclesiastical Society of Orange. Approved, June 3, 1842. CHAUNCEY F. CLEVELAND. SALARIES AND FEES. 55 CHAPTER XLVII. An Act in addition to an Act entitled " An Act for regulating Salaries and fees." SEC. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, That so much of the eleventh section of the act to Repeal of Act which this is an addition, as requires that on each re q ui . rin ? fees on . . . _, , ' petitions to Uen- petition to the General Assembly, a fee of three end Assembly. dollars and thirty-four cents be paid for the use of the State, be, and the same is hereby repealed. SEC. 2. Be it further enacted, That this act shall take effect on its passage. 2S * Approved, June 1, 1842. CHAUNCEY F. CLEVELAND. CHAPTER XLVIII. An Act in addition to "An Act for regulating Salaries and Fees." Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened, That the Sheriffs of the several counties in this State shall J m P,! D f ti nto , -ii if n Sheriffs tor dis- be entitled to receive, each, from the State treas- tributing laws, ury, the sum of five dollars a year for distributing &x - laws and public documents in their respective counties. Approved, June 8, 1842. CHAUNCEY F. CLEVELAND. 56 SALARIES AND FEES. SCHOOLS. CHAPTER XLIX. An Act to repeal certain Acts relating to Salaries and Fees. Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened, That an act passed May Session, 1838, which provides that , the fees of the clerks of the several County Courts, Act of 1838 and , , , ,. , , shall be the same as those of the clerks of the Su- perior Courts for like services ; and an act, passed May Session, 1839, which provides that the fees of the clerks of the County and Superior Courts, for entering each action which, at the first term of the court, shall be discontinued or withdrawn, shall be fifteen cents, be, and the same are hereby repealed. Approved, June 7, 1842. CHAUNCEY F. CLEVELAND. Act of 1839, re- lating to fees of Clerks of Courts repealed. CHAPTER L. Providing for Scholars in dis- tricts where no School is kept. School money may be drawn. An act in addition to and in alteration of an act concerning Common Schools. SEC. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, That whenever a- school district from inability, or other cause, shall not support a school within the same, and the scholars belonging thereto, shall at- tend the school of any other district, it shall be lawful for the school society, where the enumera- tion of the children is made and returned, to re- ceive from the Comptroller of Public Accounts, and to pay to the district or districts where such children actually attend school, the proportion of Sch(X)1 monies which are dr awn on the children so enumerated, and a certificate from the Committee SCHOOLS. 57 of the school district where such children have at- school district tended school, that the money is so appropriated, shall be presented to the commitee of the school society, to which such children belong, and shall be sufficient evidence that such money has been appropriated according to law. SEC. 2. That the annual meeting of the seve- Annual meeting ral school societies and districts, may be warned ie3 and and held on such days in the month of September or October, as the committee or clerk in their no- tice thereof may respectively designate. SEC. 3. That whenever the committee of a school society cannot agree in settling and defining the boundary lines of a school district, in conform- ais^rictThow ity with the provisions of the fifteenth section of settled. said act, said society may appoint three indifferent persons for that purpose, who shall have the same authority therein as is now conferred by said act on the said society committee, and if necessary, define the same by actual survey. SEC. 4. A school district shall be holden to pay Districts holden the wages of such teacher or teachers, as are em- to P a y teachers - ployed by the committee of such district, in con- formity to law. Books may be SEC. 5. That when the scholars are not prop- suppiied,ifdeem- erly supplied with books, the committee of the dis- ed necessaf y- trict may (if they deem necessary) provide the Re eal of the same at the expense of the district; and so much law requiring the of the nineteenth section as requires that the com- committee to i 11 i A i -i i 11 provide the same. mittee shall so provide the same, is hereby repealed. SEC. 6. That the twenty-second, twenty-third, twenty-fourth, twenty-fifth, twenty-sixth, and twen- ty-seventh sections relating to Union districts, and Repeal of laws the fortieth, forty-first, and forty-second sections of dTS-b^ard said act, relating to the Board of Commissioners and of commission- Secretary, and SO much Of the eighth Section of era and secretary . , *' . , .-,, , , " . , certain acts said act as requires the school Visitors to make re i a ting to school returns to the Board of Commissioners; and so visitors mini- much of said section as provides that the Visiting "^ySfrf ' Committee shall receive one dollar per day for their teachers under services, and so much of the twelfth section of said certa ? n contm- act as provides that no new district shall contain 8 less than forty persons over four, and under sixteen years of age ; and so much of the twenty-ninth section as makes it unlawful to pay a teacher more 8 58 SCHOOLS. SHERIFFS. than two-thirds of the amount due, until a book and abstract shall be lodged with the district clerk, be, and the same are hereby repealed. Provided, however, that so much of the act here- Proviso for union , . ,. . , ,. districts already by repealed, as relates to union districts shall con- formed, tinue in force, for the regulation of such districts already formed under said act, but not so as to au- thorize the forming of new union districts hereafter. Approved, June 10, 1842. CHAUNCEY F. CLEVELAND. CHAPTER LI. An Act in addition to an Act entitled " An Act relating to Sheriffs." Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened, That the Number of depu- number of Deputy Sheriffs, to be appointed for the ty sheriffs allow- County of Middlesex, may be as many as nine ; ed in Middlesex but shall not exceed that number : any thing in the county. L-1,,1' 11.. J , act to which this is an addition to the contrary notwithstanding. Approved, June 1, 1842. CHAUNCEY F. CLEVELAND. SHERIFFS. 59 CHAPTER LII. An Act in alteration of an Act entitled " An Act providing for the Election of Sheriffs by the People :" passed May Session, 1838. SEC. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, That so much of said act as provides that a majority of all the votes given in the counties of this State for the office of sheriff, shall be necessary for the choice of sheriff, be, and the same is hereby re- Repeal of part 11 i -i i_ u i 4.1. * J.L of an act of 1339. pealed ; and it is hereby enacted, that the person who shall receive the greatest number of votes for pi ura iity of the office of sheriff in any county, shall be declared votes shall elect. sheriff of said county, and shall hold and exercise the office of sheriff as provided in the act to which this is an alteration. SEC. 2. That the act entitled "an Act in altera- tion of an Act entitled an Act providing for the Act of 1839 re- election of Sheriffs by the People," passed May, pealed. 1839, approved June 5th, 1839, be, and the same is hereby repealed. SEC. 3. That the votes for sheriff of the re- spective counties shall be returned, canvassed, and Votes how to declared in the same manner as is provided by the be returned, &c. constitution and laws for returning, canvassing, and declaring the votes for Governor, any laws to the contrary notwithstanding. Approved, May 30, 1842. CHAUNCEY F. CLEVELAND. 60 TAXES. Act of 1832 re- enacted, &c. CHAPTER LIU. An Act in addition to an Act entitled " An Act providing for the collection of Taxes." Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened, That the several provisions of an act passed in the year 1832, entitled " an Act in addition to an Act entitled an Act providing for the collection of Taxes," be, and the same are hereby re-enacted and extended to all cases to which the same would be applicable, if said act were now first enacted. Provided, That no suit or action, now depending, shall be in any way affected by the provisions of this act. Approved, May 30, 1842. CHAUNCEY F. CLEVELAND. Application for relief, how and CHAPTER LIV. An Act in addition to an Act entitled " An Act for the Assessment of Taxes. Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened, That any, and every person, designing to take the benefit of the fifth section of "an Act in addition to and alteration of an Act entitled an Act for the Assess- ment of Taxes," shall make application for that when to be made, purpose to the Board of Relief, as in said section is specified, on or before the fifteenth day of January, and not after. Approved, June 9, 1842. CHAUNCEY F. CLEVELAND. TAXES. WEIGHERS. 61 CHAPTER LV. An Act in addition to an Act entitled " An Act for the Assessment of Taxes." Be it enacted by the Senate and House of Repre- sentatives in General Assembly 'convened, That in all cases in which the Assessors and Board of Relief in any town were not chosen on or before the first Monday in October, 1841, but were chosen at a meeting legally warned for that purpose, on the first Monday of said October, and holden, by ad- journment, at any time previous to the 20th of said October, such choice shall not, for such cause, be considered or adjudged irregular or void, but the sors, and boards same is hereby ratified and confirmed. And all of . rehef > m cei> , . , , J , . tain cases. taxes which have been or may hereafter be laid or imposed according to the assessment list made up by said assessors, may, notwithstanding, be levied and collected in the same manner as though said Doings of said Assessors and Board of Relief had been chosen on the first Monday in October, 1841 ; any thing in the act to which this is an addition, or any other act or acts, to the contrary notwithstanding. Pro- vided, That no suit or action, now pending, shall be in any manner affected by the provisions of this act. Approved, May 30, 1842. CHAUNCEY F. CLEVELAND. CHAPTER LVI. An Act for the appointing of Public Weighers. SEC. 1 . Be it enacted by the Senate and House of Representatives in General Assembly convened, That the electors in the several towns in this State, at their annual meeting for the election of select- WEIGHERS. Two public weighers may be chosen at an an- nual town meet- ing who shall be sworn. Duties of public weighers. Penalty for neg- lect, &c. Regulations to be made at said annual town meeting. Regulations to be recorded. men, and other town officers, may, by a major vote, annually appoint two or more persons belonging to said town, to be public weighers, who shall, upon accepting such appointment, be sworn to the faith- ful performance of the duties thereof. SEC. 2. It shall be the duty of either of said public weighers, upon being requested thereto by the owner or owners, or persons selling or pro- posing to sell, any hay, lead, iron, anthracite coal, plaster, or any other heavy, or bulky article of mer- chandize, usually sold by weight, immediately upon its being brought to him for that purpose, accu- rately and carefully to weigh the same ; and upon being paid his lawful fees, he shall give a certificate under his hand of the weight thereof, to the owner or other person bringing the same to be weighed ; and if any public weigher wilfully neglects or re- fuses to perform any of the duties imposed by this section, (except for the cause specified in the fourth section of this act,) he shall forfeit and pay a fine of five dollars ; one half to him who shall sue for and recover the same, and the other half to the treasury of the town. SEC. 3. The several towns in this State, that may hereafter appoint public weighers, according to the provisions of this act, shall at the same meeting, make such regulations for the locating, constructing, and inspecting of the scales, and other apparatus to be used by such weighers, as they may deem necessary for the public protection and con- venience, and shall fix and prescribe such tariff, or rate of fees to be paid to said weighers, as they may deem just and reasonable, not exceeding twelve and a half cents for each load or weighing, to be paid one half by the seller, and the other half by the purchaser ; or may, by a major vote of those present, delegate to the selectmen the powers and duties specified in this section ; and the regulations and rate of fees so established, shall be recorded in the town records, and shall not be changed during the time for which such weighers are appointed. SEC. 4. If any public weigher, duly appointed under the provisions of this act, shall give a cer- tificate of the weight of any merchandize in the WEIGHERS. 63 selling, buying, or ownership of which he has any interest, direct or remote, he shall, on conviction Penalty for giv- thereof, forfeit and pay a fine of five dollars, one in cendb cases. half to him who shall sue for and prosecute the same to effect, and the other half to the treasury of the town. Approved, June 10, 1842. CHAUNCEY F. CLEVELAND. 64 PROPOSED BILL ON TAXATION. PROPOSED BILL ON TAXATION. The joint Select Committee, to whom was re- ferred that part of His Excellency's message which relates to Taxation, and to whom was referred the petition of Jonathan Coe, and one hundred and fourteen others, inhabitants of Winchester, and sundry other petitions were referred, beg leave to REPORT : That they have examined the same, and are fully satisfied that some change in our laws on the sub- ject of taxation should take place, and recommend the ultimate passage of the accompanying Bill ; but from the importance of the subject would respect- fully recommend that the matter be postponed to the next General Assembly, and that this Report and the Bill be published with the laws of the State. An Act in addition to an Act entitled " An Act for the Assessment of Taxes." SEC. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, That all property, money at interest, and stocks now taxable by the laws of this State, shall be valued and set in the list of the owner thereof at four per cent. SEC. 2. Be it further enacted, That all laws now in force inconsistent herewith, be, and the same hereby are repealed. All which is respectfully submitted. Per order of the Committee, MARTIN WEBSTER, Chairman. PROPOSED AMENDMENT TO THE CONSTITUTION. 65 PROPOSED AMENDMENT TO THE CONSTITUTION. At a General Assembly of the State of Connecticut, holden at New Haven, on the first Wednesday of May, in the year of our Lord one thousand eight hundred and forty-two : HOUSE OF REPRESENTATIVES, May Session, 1842. Resolved, That the following be proposed as an amendment of the Constitution of this State, as a substitute for the second section of the sixth article of the Constitution, and of the amend- ments of said second section, which proposed amendments, when approved and adopted in the manner prescribed by the Constitution, shall be to all intents and purposes a part thereof to wit: Every white male citizen of the United States, who shall have attained the age of twenty-one years ; who shall have resided in this State for the term of one year next preceding, and in the town in which he may offer himself to be admitted to the privileges of an elector, at least six months next preceding the time he may so offer himself; and shall sustain a good moral character, shall, on his taking such oath as may be prescribed by law, be an elector. R. S. HINMAN, ) Clerks of the House N. J. WILCOXSON, 5 of Representatives. STATE OF CONNECTICUT, ss. > SECRETARY'S OFFICE, July 23d, 1842. > I HEREBY CERTIFY, That I have compared the printed copy of the Acts contained in this pamphlet, with the original Acts, as engrossed and passed by the Legislature, and find the same to be correct. NOAH A. PHELPS, Secretary of State. 9 INDEX PAGE Adjournment of courts in counties having half-shire towns, 25 Agricultural societies to file certificates, . 3 Assessors and boards of relief, choice of and doings of, in certain cases confirmed, 61 doings of in Cheshire confirmed, . . .23 to require certificates of military service for abatement of poll-tax, 44 Atheneum Wadsworth, incorporated, . . .3 estate of, exempt from taxation, 7, 8 privileges of stockholders in, . 6 trustees of, to be elected, . 7 Bank, Bridgeport Savings, incorporated, . . .13 annual report of to be made, . 15 deposites of, . . 13, 14 disqualification for membership of, 14 general powers of, . . .14 investment of funds of, . 13 Banks, amount of discount allowed to directors of, . 8 not to make dividends except from earnings, . 9 stockholders of, may examine their condition, . 11 may restrain the action of directors, 1 1 commissioners on to be appointed, and their duties, 9 cashiers of, to give notice of disqualification of commissioners on, 1 1 required to redeem their issues, . . .9 not to make loans, &c. on pledge of their own stock, 9 transferable stock of, only to be voted on, and that not by proxy, 9 repeal of acts concerning, . . . 10 INDEX. 67 Brigade, commanding officers of, to keep certain records, . 44 Cashiers to give notice of disqualification of bank commissioners, -* '-.'.' / . 11 to make returns to the Comptroller, , 10 Cheshire, doings of assessors in the town of, confirmed, . 23 Children under fifteen not to be employed in labor, unless instructed, ... 40 under fourteen, not to be employed in labor more than ten hours a day, . . 41 City of Hartford, laws concerning, . . 18, 19 New Haven, laws concerning, . . 20,21 Clerks of county courts shall be clerks of superior courts, &c., ... 27 of superior and county courts de opening depositions, 25 acts concerning fees of, repealed, . . 56 town to record deeds, &c., within thirty days after receiving the same, . . .38 to keep a record of the names of electors voting, 29 to preserve certificates of electors coming from other towns, . . . 31 and selectmen may decide on challenged votes, 31 may decide on applications of electors from other towns, 34 may examine under oath, . 34 Clinton, probate district, name of, changed, . .51 Commissary General, how removed, . . . 4i Commissioner of School Fund, authorized to administer oaths, . , .46 Commissioners on banks, &c., and their duties, . .9 to report to the General Assembly, 10 how disqualified, . . 11 on Housatonic rail-road, authorized to sell stock, &c. . fe| Connecticut Medical Society, .... Constitution, proposed amendment of, Court of Errors, Supreme, empowered to make rules, . judge of, may make orders of notice, 68 INDEX. Courts, county, certain acts relating to salaries of judges of, repealed, . .; . .23 judges of, their number, how appointed, and their powers, . . 24 proviso for vacancy and disability of, 24 being disqualified, and the case appealable, the case may be removed to the superior court, 24 salaries of, -. l . . 24 powers of, confirmed, . . 24 superior or county, adjournment of in counties having half-shire towns, . . 26 Debt, act to abolish imprisonment for, . . 37 Deeds, &,c., not invalidated by omission of notarial seal, 38 to be recorded by town clerk within thirty days after i delivery, . . . . .38 Depositions, previous notice of, to be given to state attorney, 28 when, and before whom to be taken, . . 28 to be used before superior and county courts, by whom opened, . . . .25 Deputy sheriffs, number of, for Middlesex county, . 58 Directors of banks, (see Banks?) Dividends of banks, not to be made except from earnings, 9 question on, how to be taken, . 9 East Lyme, fishery in Bride pond in, . . .35 Electors, admission of, .... 34 qualifications of, for voting in certain cases, . 30 acts concerning the registration of names of, repealed, . . . .29,30 coming from other towns, a record of, to be preserved, 34 to produce certificates and be sworn, 30 false swearing of, how punished, . .30 Electors meetings, board for admitting electors at, when and where to meet, . . 33 INDEX. 69 Electors meetings, when allowed to be opened at 7 o'clock, A.M., , . . ,'.. . 32 presiding officers of, to make a record of the names of voters thereat, ... 29 when authorized to administer oaths, 30 may refer the decision of challenged votes, 31 special; certain sections of an act concerning, repealed, 29 Episcopal societies, acts of, confirmed, . . .53 Fees on petitions to General Assembly, act requiring, repealed, 55 of clerks of courts, certain acts concerning, repealed, 56 Field-pieces, act authorizing the use of, for other purposes than company exercises, repealed, . 46 Fishery in Bride pond, East Lyme, . . .35 Forts Trumbull and Griswold ceded to the United States, 39 Game, act for preservation of, ... 35 Governor, when to remove bank commissioners^ . .11 authorized to cede certain lands, &c., to the United States, ..... 39 to commission officers, . . . .45 Hartford c f ity, constitution of the city court of, . 18 powers of the court of common council of, . 18 number of aldermen and common councilmen in, 18 division of, into wards, . . . 18 removal of buildings in, . . . .19 Housatonic rail-road, banking privileges of, repealed, except to a certain extent, ... 53 commissioners on, authorized to sell stock, &c., to redeem notes, . . . .53 rate of interest on notes of, . . . 53 Incorporation of Bridgeport Savings Bank, . .13 Wadsworth Atheneum, . . 3 Willimantic Savings Institute, . . 15 Judges, (See Courts,} Justices of the peace, to preside in the county courts in certain cases, .... 24 70 INDEX. Killingworth ; name of probate district of Clinton changed to, 51 Liquors spirituous, all laws relating to, repealed, . . 40 not to be sold and drank on the premises ; (excep- tions thereto,) . '*,-' '-*.... 40 Manufacturers, &c., law regulating their employment of per- sons under fourteen and fifteen years of age, 40, 41 penalty against, for violation, ' .. . .41 Mayor of New Haven, (See New Haven,) . . 21 Medical Society, Connecticut, . . . .42 Middlesex county, number of deputy sheriffs for, limited, 58 Military company, commanding officer of each, to keep cer- tain records, . 44 nomination of commissioned officers in, 44 provision for appointment of commissioned officers in, under failure to elect, 45 service, ten years of, exempting from poll-tax, . 43 Name of probate district of Clinton changed, . 51 of ecclesiastical society of North Milford, changed, 54 New Haven city, mayor of; his duties and powers, . 21 penalty for resisting, &c., 22 may call out civil and military forces, 22 recorder of; how chosen, his duties and powers, 20 compensation of, . 21 vacancy in the office of, how supplied, 21 North Milford, name of ecclesiastical society of, changed, 54 Notaries public, expiration of commissions of, . . 46 omission of seal of, not to invalidate deeds, &c., 38 Oath, presiding officer of electors meeting authorized to administer, . . . .30 to be made by selectmen with regard to state paupers, 50 Oaths, Commissioner of School Fund authorized to administer, 46 Orange, name of ecclesiastical society of North Milford changed to .... 54 Orders of notice, when they may be made by a judge of the superior court, . .47 INDEX. 7 1 Oysters, act for the growing of, ^- : fc - k'.-'itc 48 act to promote the growing of, 1 *.'v . 49 when not to be taken, . iU#: - . < . .49 Oxford, act concerning the town of, . . 47 Paupers State, selectmen to make oath with regard to, . 50 Pay Master General, how removed, . . ,^ 42 Pedlers, act concerning licenses of, . . .51 Petitions to General Assembly, act requiring fees on, repealed, 55 Probate District of Clinton, name of, changed, . .51 Roxbury constituted a . .52 Qualifications of Electors, .... 30, 65 Quarter Master General, bonds of, reduced, . . 43 how removed, . . .42 Rail-Road, Housatonic, act concerning, . .52 Recorder of New Haven, (See New Haven City,) . . 20 Regiment, commanding officer of, to keep certain records, 44 Registration of names of electors, acts concerning, repealed, 29, 30 Roxbury constituted a probate district, . . 52 Salaries of judges of county courts, . . .24 certain act relating to, repealed, 23 Savings Bank of Bridgeport, (See Bank?) . . .13 Institute, Willimantic, (See Willimantic,) . 15 School District Committees, . . . .57 districts in which no schools are kept, provision for scholars of, ... 56 boundaries of, how settled, . . .57 holden to pay teachers, . . 57 and societies, annual meeting of, . . 57 union, &c., certain laws concerning, repealed, 57 already formed, provision for, . 58 School visitors to examine into the situation of children em- ployed in manufactories, &.C., 41 to report violations of the act for prosecution, 41 72 INDEX. Secretary of State to record the deed of cession of certain lands to the U. S., / .,-', . . 39 Selectmen to make oath with regard to state paupers, . 50 (See Town Clerics.) Sheriffs, how elected, : , - i w' . .59 act requiring a majority of votes for, repealed, 59 compensation of, for distributing laws, &c., . 55 Society Ecclesiastical, of North Milford, change of name of 54 Societies Agricultural, to file certificates, . . 3 Episcopal, acts of, confirmed, . . .53 Stock capital, of banks, how reduced, . . 10 holders of, may investigate the condition of banks, . 1 1 Students, being electors, where subject to taxation and allowed to vote, . . . . 31, 32 Supreme Court, (See Court of Errors.) Tax on polls abated for military service, . . 43 Taxes, act of 1832 providing for collection of, re-enacted, 60 relief from, to be sought from the board of relief within a given time, . . . .60 laid by town of Oxford, confirmed, . . 47 Taxation, Wadsworth Atheneum exempt from, . . 7, 8 students, when and where exempt from, . 32 proposed bill on, . . . .64 Town Clerks, (See Clerks.) Treasurer of the State to receive bonds of the Quarter Master General, .... 43 United States, cession of certain lands and forts to . . 39 Votes challenged, by whom decided, . . .31 for sheriff, how to be returned, ... 59 Wadsworth Atheneum, (See Atheneum.) Wardens and vestry constituted a society's committee, . 54 Weighers public, act concerning the number, duties, &c., 62 Willimantic Savings Institute, incorporated, . .15 deposites, loans, and investment of funds, 16 dividends, general powers of, &c., . 16 annual reports of to be made, . .17 PUBLIC ACTS, PASSED BY THE GENERAL ASSEMBLY OF THE STATE OF CONNECTICUT, OCTOBER, SPECIAL SESSION, 1842. PUBLISHED, IN CONFORMITY WITH A RESOLUTION OP THE GENERAL ASSEMBLY, UNDER THE SUPERINTEND- ENCE OF THE SECRETARY OF STATE. State of Connecticnt, ss. : OFFICE OF SECRETARY OF STATE, 1843. HARTFORD. PRESS OF ELIHU GEER, 26$ STATE STREET. MDCCCXLIH. PUBLIC ACTS. CHAPTER I. An Act declaring valid the doings of a town-meet- ing therein named. Whereas, the town of Canaan have heretofore de- signaled and determined other places than the sign-posts in said town at which notifications of town meetings in said town should be set up, and whereas the selectmen of said town omitted to set up, five days before the annual meeting of said town, on the first Monday of October, 1842, a notification of said meeting, at some of the places so designated and determined, but notice of said meeting was in all other respects given according to law, Therefore, Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened, That the Election of asses- appointment of assessors and a board of relief. sors ' &c - in c& ' j u -j A. en L A u * naan confirmed. made by said town of Canaan, at the town-meeting aforesaid, shall not be deemed invalid or void by reason of the omission to set up the notifications aforesaid, but the appointments of said assessors and board of relief, if in other respects conforma- ble to law, are hereby confirmed and declared to be valid. Approved, Oct. 28, 1842. CHAUNCEY F. CLEVELAND. FRAUDULENT CONVEYANCES. CHAPTER II. An Act in further addition to an Act entitled "An Act in addition to an Act against Fraudulent Conveyances." Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened, That Courts of Pro- whenever a court of probate shall, in the settlement bate may author- o f an estate assigned by an insolvent debtor for the mheTthan^he 80 "' benefit of his or her creditors, under the said act, Trustee, to sell order the sale of any part of the real estate so as- iSeTbTan'in- si g ned > the j ud g e ma y> on application by the trustee solvent debtor, of such estate, authorize another person to sell such real estate, upon such person's first giving bond to such court, with sufficient surety, conditioned that he will faithfully discharge said trust, and pay to such trustee the sum for which such real estate shall be sold : And at any sale made by such person so authorized, the trustee may be purchaser. Provi- Noticeofsuch ded, That whenever an application shall be made sale to be publish- to a court of probate, by any trustee, for the ap- ed^m a newspa- p O i n t m ent of another person to sell any real estate, in pursuance of this act, the said court of probate shall order the said trustee to give notice by adver- tising in a newspaper or otherwise, as the court of probate shall direct. Approved, Oct. 28, 1842. CHAUNCEY F. CLEVELAND. CHAPTER III. An Act to divide the State into Districts for the Election of Representatives, for this State, in the Congress of the United States. ELECTIONS. SEC. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, That the state be, and hereby is divi led into four Division of the Districts for the choice of Representives from this State into four , -~ / i TT i n i_ Congressional state, m the Congress or the United fetates ; each Districts. District to be entitled to one Representative, as fol- lows : District number one, to consist of the counties of District No. i. Hartford and Tolland : District number two, to consist of the counties NO. 2. of New Haven and Middlesex : District number three, to consist of the counties No. 3. of New London and Windham : District number four, to consist of the counties No. 4. of Fairfield and Litchfield. SEC. 2. All existing laws relating to the elec- Existing laws, tion of Representatives in Congress, in the several ( not inconsistent . r , ,. . P ... * , herewith, ) to con- rorg-es'-ional districts as heretofore constituted, (ex- t i nue j n f orcei coot so far as the same are inconsistent with the provisions of this act,) shall continue in force and be applicable to, and operate upon the respective congressional districts as hereby constituted. SEC. 3. The first section of " An Act in alter- First section of a ation of an Act entitled an Act regulating the Elec- Act ^ tion of Senators and Representatives for this Stale, in the Congress of the United States," passed May Session, 1835, be, and the same is hereby repealed. Approved, Oct. 28, 1842. CHAUNCEY F. CLEVELAND. STATE OF CONNECTICUT, ss. SECRETARY'S OFFICE, July 4th, 1843. I HEREBY CERTIFY, That I have compared the printed copy of the Acts contained in this pamphlet, with the original Acts, as engrossed and passed by the Legislature, and find the same to be correct. NOAH A. PHELPS, Secretary of State. INDEX; OCTOBER, SPECIAL SESSION, 1842. PAGE. Assessors and board of relief in Canaan, acts of confirmed; 3 Canaan , doings of town meeting in made valid ; . . 3 Conveyances fraudulent ; act in addition to, . .4 Districts congressional ; act dividing the state into . . 4 " " how constituted ; . *. . . 5 Election of Senators and Representatives in Congress ; .5 Insolvent debtors ; assignments by . . .4 Probate Courts authorized to appoint agents other than trus- tees, to sell estate of an insolvent debtor ; 4 " " ; notice to be given on sales ordered by, . 4 Town meeting in Canaan, acts of confirmed ; . . .3 Trustees of insolvent estates may be the purchasers thereof; 4 PUBLIC ACTS, PASSED BY THE GENERAL ASSEMBLY OF THE STATE OF CONNECTICUT, MAY SESSION, 1843. PUBLISHED, IN CONFORMITY WITH A RESOLUTION OF THE GENERAL ASSEMBLY, UNDER THE SUPERINTEN- DENCE OF THE SECRETARY OF STATE. State af (fomtuctirnt, BS. : OFFICE OF SECRETARY OF STATE, 1843. HARTFORD. PRESS OP ELIHU GEER, 26$ STATE STREET. MDCCCXLHI. PUBLIC ACTS. CHAPTER I. An Act in addition to an Act entitled "An Act for the regulation of Civil Actions." SEC. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, That whenever in any action brought upon any In actions upon administration bond, or other bond, with conditions, \ n n b h?ch or where in any action at law, by reason of a plea plea's of set-off, of set-off, or other special plea therein, it shall **> are mad f e ' r ,. . the matters of become necessary to adjust and settle any matter account may be of account proper to be heard and decided by referred to auditors, the court before which such action shall audltors - be pending shall be, and they hereby are author- ized and empowered to refer such matters of ac- count to one or more auditors to be appointed by said court, to be by such auditors heard and deci- ded in such manner as said court shall order and direct ; and in case any other issue shall be joined in such action, the same shall be heard and decided as is now by law provided. SEC. 2. In all actions brought against two or One of two or more defendants for the recovery of any debt, more defendants where the plaintiff lives or resides out of this state, J5JJ*5|J set " or is a bankrupt, or insolvent, and there shall be cases. mutual debts between such plaintiff and a part only of the defendants in said suit, the said defendant or defendants to whom such plaintiff may be so indebted, shall be entitled to a set-off of such debt against the plaintiff's demand in said suit, in the same manner as though there were no other de- fendant or defendants therein. Approved, June 7, 1843. CHAUNCEY F. CLEVELAND. BANKS. which muy be hc.ld. Repealing parts of the Act of Incorporation. CHAPTER II. An Act in addition to and in alteration of an Act entitled "An Act to Incorporate the Exchange Bank." SEC. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, That it shall be lawful for any one person, co-part- of shares nership or corporation, to hold directly or indirectly, any number not exceeding five hundred shares of the capital stock of said Bank, at any one time, and to receive the dividends thereon. SEC. 2. Be it further enacted, That so much of said act as is inconsistent with the provisions of this act, and so much of the sixth section of said act as requires that not less than four of the direct- ,- ors annually chosen shall be mechanics or manu- facturers, be, and the same is hereby repealed. Approved, May 27, 1843. CHAUNCEY F. CLEVELAND. Directors em- powered to reduce capital stock. CHAPTER III. An Act in addition to "An Act to Incorporate the Windham County Bank." Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened, That the directors of the Windham County Bank be, and they are hereby empowered to reduce the capital stock of said Bank to a sum not less than sixty thousand dollars, (exclusive of what is or may be invested therein by this state, and of such sub- scriptions as are authorized by the act incorporating BANKS. said Bank,) and to adopt such measures for effect- ing the same as the interest of the Bank and of the public may require. Provided, that such reduction shall in the first instance be effected from the stock owned by said Bank, and that no stock- holder shall be required to release his stock in said Bank without his consent; Provided, also, that such reduction shall be made and completed on or re^cd before the first day of August next, and that the cashier of said Bank shall within ten days after any given, when and reduction shall have been made, forward to the to whom. Secretary of this State an attested copy of the proceedings of the directors in making such re- duction. Approved, June 2, 1843. CHAUNCEY F. CLEVELAND. CHAPTER IV. An Act relating to Savings Banks and Savings Societies. SEC. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, That the moneys or funds of the several Savings Banks or Savings Societies in this state, shall not hereafter be invested in the stock of any bank of Whatinvest- .1 i i i / ments are forbid- discount, or in the stocks or bonds of any state, den- city or other corporation, or in post-notes, except such investment be rendered necessary in order to obtain the payment of a debt previously contracted, and owing to any Savings Bank, or Savings Soci- ety, which cannot be otherwise effectually obtained. Nor shall any loan of the moneys or funds of any Savings Bank or Savings Society be hereafter made, unless the same be secured by mortgage of real Lo(mg estate in this state, unincumbered, equal in value to secured. double the amount of the loan secured thereon, BANKS. BOROUGHS. and what state- ments to make. except to an amount not exceeding in the whole ten per cent, of the amount actually on deposite in such Savings Bank or Savings Society, for the time being. SEC. 2. It shall be the duty of the treasurer, Treasurers, &c., secretary or clerk of each Savings Bank or Sa- when, to whom, vings Society, annually, on or before the second Wednesday of May, to transmit to the General Assembly a statement under oath, of the condition of the institution of which he is treasurer, secre- tary or clerk, on the first day of April, specifying the number of present depositors, the amount of deposites, the amount deposited in the past year, and the amount of deposites withdrawn, the amount and rate of dividends, the balance of profit and loss, the amount of expenses for the year, the amount of interest due and unpaid, the amount loaned on real estate, the amount loaned on stocks and other personal estate, the amount loaned on notes not secured, the amount invested in real estate, and the locality thereof, and the amount invested in stocks, bonds, or other personal estate, Penalty for neg- s P eci fy in g the nam e and quantity thereof; and if the treasurer, secretary or clerk of any Savings Bank or Savings Society shall neglect or refuse to make such statement as aforesaid, he shall forfeitand pay to the Treasurer of the state a sum not less than ten nor more than one hundred dollars, accord- ing to the nature and circumstances of the case. lect, &c. Approved, June 2, 1843. CHAUNCEY F. CLEVELAND. CHAPTER V. An Act in addition to and in alteration of an Act entitled "An Act Incorporating the Borough of Norwalk." Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened; BOROUGHS. SEC. 1. The limits of said borough shall be and Limits of Bor- they hereby are reduced and contracted, and the ou s h - boundary line thereof shall hereafter be as follows, viz: commencing at a point on the west side of the north and south highway, six rods northerly of the northwesterly of four corners, said corner being opposite and northerly of the Episcopal Academy in said Norwalk, thence running westerly, paral- lel with and at a distance of six rods northerly from the line of the public highway leading from said four corners to the Danbury road, (said line after passing the house of E. H. Street, to vary, if necessary, so as to strike said Danbury road at the southwest corner of the door yard of James Fin- ney ;) thence across said Danbury road to a point on the southerly side thereof, six rods from the corner, at the northeast comer of the door yard late of Hezekiah Rogers, deceased ; thence south- westerly, parallel with the northerly line of the highway leading from said Danbury road across the fording-place and to the old mill, and six rods dis- tant northwesterly from said line of said highway, to a point on the south line of the garden of the widow Isaac Belden ; thence east by the line of said garden on the south line of the door yard of said Belden to the Connecticut turnpike, then east across said turnpike to the south line of the highway leading east from said turnpike, and following the south line of said highway to the northeast cor- ner of the ox- pound, so called, opposite the house of William K. James ; thence on a straight line easterly across the harbor to the southwesterly cor- ner of George W. Betts' garden, at the intersection of the highway running east from the down-town road by said garden ; thence along the north line of said highway, to a point six rods east from said cor- ner ; thence northerly parallel with the north and south highway, at a distance of six rods from the easterly side of said highway, to a point on the south line of the Connecticut turnpike, six rods distance from the northwest corner of the door yard of the residence of the late Hezekiah Jarvis, deceased; thence west on said south line of said turnpike, to said corner of said door-yard ; thence in a straight BOROUGHS. Proviso. Confirming the the acts of said Borough. line to the place of beginning ; and that the inhabit- ants living within said limits shall be and continue the body politic or corporate created by the name of the Warden, Burgesses and Freemen of the Bor- ough of Norwalk, with all the powers and privileges conferred by the act to which this is in addition ; and that the inhabitants living, and the property lying without said lines herein established, shall no long- er belong to or be included in said borough. Pro- vided, that the inhabitants and property heretofoie included in said borough, and hereby excluded therefrom, be and shall remain liable to pay their and its proportion of all legal claims against said borough, existing at the time of the passage of this act : and said inhabitants and said property shall be liable to be taxed therefor by a vote of said borough: and said inhabitants may attend and vote in any meetings called for the purpose of levying any such tax : and the owners of such property and said inhabitants may do any other acts and take part in any other proceedings done or had for the extin- guishment of such claims, in the same manner as they might have done if this act had not been passed. SEC. 2. All taxes heretofore levied and collect- ed by said borough are hereby validated, and no suit for the recovery thereof against said borough, or against any officer on account of any proceed- ings in the collection of the same, shall hereafter be brought or maintained. Approved, June 6, 1843. CHAUNCEY F. CLEVELAND. CITIES. CHAPTER VI. An Act relative to the duties and powers of the Mayor of the City of Hartford. SEC. 1. Be it enacted by the Senate and House of Representatives in General Assembly convejicd, That the May or of the city of Hartford shall here- Mayor, his du- after be the chief executive magistrate thereof: ties and it shall be his duty to be vigilant and active in causing the laws to be executed and enforced ; and he shall be conservator of the peace within said city, and shall have authority with force and strong and powers, hand, when necessary, to suppress all tumults, riots, routs and unlawful assemblies, and to arrest without warrant, and commit to prison for a time not exceed- ing twenty-four hours, any person or persons who may be detected in revelling, quarrelling, brawling, or otherwise behaving in a disorderly manner, to the disturbance or annoyance of the peaceable in- habitants of said city. He is also empowered to enter any house or building which he has reason- able cause to suspect to be inhabited by persons of ill-fame, or to which persons of dissolute, idle, or disorderly character are suspected to resort. And if any dissolute, disorderly or vagrant persons are found assembled in or about any such house or building, he shall command all such persons imme- diately to disperse, if in his opinion the good order of any portion of the city require it ; and in case of neglect or refusal to obey such command he is here- by authorized to commit without warrant, any per- Ma y commit son or persons so disobeying to prison, for a term w not exceeding twenty-four hours : and he shall have and may exercise within the limits of said city all the powers given to sheriffs or other officers by the fifty-ninth and sixtieth sections of the act enti- tled "An Act concerning Crimes and Punishments;" and he may at all times, if need be, require the aid of any sheriff, deputy sheriff, town or city constable, or watchman, or any or all of them, together with such other aid as may be necessary. And when- 10 CITIES. ever he shall have reason to believe that great opposition will be made to the execution of his May call out the authority, he shall have power to call out the several companies of militia in said city, or any or either of them, and may exert all the force necessary to enable him to execute the laws within the limits of said city. SEC. 2. If any person shall hinder, obstruct, resist, or abuse the Mayor in the execution of his office, or when commanded to assist him therein, (being of sufficient age and ability) shall refuse or unreasonably neglect so to do, such offender being Penalty for resis- thereof duly convicted, shall pay a fine not exceed- ing one hundred dollars, OF shall be imprisoned in the county gaol not exceeding six months, or both, at the discretion of the court having cognizance of the offence. SEC. 3. Every commissioned officer and soldier when called into service by the Mayor of said city, r tt y of militia, in manner aforesaid, shall be entitled to the same dS*T ' * P a y> and for disobeying the commands of the said Mayor, shall be subject to the same penalty as is provided when called into service by the sheriff of the county, by virtue of the act entitled " An Act relating to Sheriffs." Approved, May 27, 1843. CHAUNCEY F. CLEVELAND. CHAPTER VII. An Act in addition to an Act entitled " An Act regulating the Streets and Buildings in the City of Hartford, and for preserving the Health of the Inhabitants thereof." SEC. 1. Be it enacted by the Senate and House . of Representatives in General Assembly convened, Common Council nni .. .1 /-< . / x-^ . j 7 . . , Common Council TU n * u o c n r* -t r i f authorized to lay L nat tne Court of Common Council of the city of out drains, &c. Hartford shall be, and they hereby are authorized CITIES. 11 and empowered to lay out, build and construct, or cause to be laid out, built and constructed, drains and common sewers in any part or portion of said city of Hartford, and to assess the expenses there- an a assess expen- of, or such part of said expenses as said Court of ses therefor. Common Council shall deem just and reasonable, upon any person or persons who are or may be, in the opinion of said Court of Common Council, in any manner benefitted thereby. SEC. 2. Whenever said Court of Common Council shall lay out, build and construct, or cause to be laid out, built and constructed, any drain or common sewer as aforesaid, they may adjust and liquidate the expense thereof, and apportion and assess the same, or such part thereof as they shall deem just and reasonable, upon snch persons as are or may be, in the opinion of said Court of Com- mon Council, benefitted by said drain or common sewer; and said assessment shall be collected, ac- Assessment, how counted for, and paid over, in the manner prescri- to be collected, bed in the ninth section of the act to which this is an addition ; and for those purposes, the same powers are hereby granted, and the same duties enjoined. SEC. 3. Said Court of Common Council shall, be, and they hereby are empowered at any time to ^Srfdraht, make such alterations and repairs in any drain or &c. common sewer laid out, built and constructed as may be made- aforesaid, as in their opinion shall be proper and necessary, and may adjust and liquidate the expen- ses thereof, and apportion and assess the same up- on individuals, in the same manner as is prescribed in the second section of this act in the case of lay- ing out, building and constructing drains or com- mon sewers; and said assessment shall be collected, accounted for and paid over in the manner prescri- bed in said second section of this act. SEC. 4. Whenever the Mayor, Aldermen and Common Council of said city shall lay out or alter any highway, street, or public walk in said city, and in the course of the proceedings it shall become necessary to appoint a committee, or call out a jury Committee to to assess or re-assess the damages to any person or assess dama ges on persons injured or aggrieved, said committee shall new street8 ' &c> 12 CITIES. consist of freeholders residing in said city, and said jurors shall be drawn from the jury-box of said city. Approved, June 1, 1843. CHAUNCEY F. CLEVELAND. CHAPTER VIII. An Act in addition to an Act entitled " An Act to secure the cities of Hartford and New Haven from damage by Fire, by regulating the mode of building." SEC. 1. Beit enacted by the Senate and House of Representatives in General Assembly convened, That the provisions and regulations of the first, fourth, fifth and sixth sections of the act entitled " An Act to secure the cities of Hartford and New Haven from damage by fire, by regulating the mode of building," to which this is an addition, shall em- brace and be in force and established in all parts of the city of Hartford embraced within the following Fire limits ex- ]j m its, to wit ; beginning on the southerly line of tended, and ' p y . . , defined. the present nre limits on Main street in said city 01 Hartford, and embracing all the land lying within fifteen rods of the west side of said Main street, as far southerly as the center of Park street, and all the land lying within fifteen rods of the east side of said Main street, as far southerly as the center of Coles street. . , SEC. 2. No barn or stable shall be hereafter &c., not toTo erected within the fire limits heretofore, or by this erected therein, act prescribed in said city, except such as shall have lse ' their outer walls entirely composed of brick or stone, and mortar, without the license of the court of common council of said city of Hartford. SEC. 3. That the owner or owners, builder or builders of any barn or stable that shall be hereaf- ter erected in said city of Hartford, contrary to the CITIES. 13 provisions of this act, shall forfeit and pay to the Penalty for so Treasurer of said city, for the use of said city, the erectin - sum of fifty dollars for every such building so erec" ted, and the further sum of five dollars a month for each and every month any such building so erected shall be continued. Approved, May 27, 1843. CHAUNCEY F. CLEVELAND, CHAPTER IX. An Act to divide the city of New Haven into Wards for the election of Officers. Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened; SEC. 1. . That the city of New Haven is hereby and shall hereafter be divided into four wards, as follows, to wit : so much of said city as lies west- Ward No. 1 erly of and extends westerly from a line passing through the centre of Whitney avenue, and a Line through the centre of Church street, from Whitney avenue to Chapel street, and as lies northerly of and extends northerly from a line passing through the center of Chapel street, from Church street to Sherman avenue, and also a line passing through Sherman avenue, westerly to its termination, and thence continued directly to West River, be and remain Ward No. 1 : so much of said city as lies Ward No. 2. southerly of and extends southerly from said last named line, passing through said Chapel street and Sherman avenue to West river, and as lies westerly of and extends westerly from a line passing through the centre of Church street, and a line passing through the center of Meadow street, be and re- main Ward No. 2 : so much of said city as lies Ward No 3 easterly of and extends easterly from said last mentioned line, passing through the centre of 14 CITIES. Ward No. 4. Elections to be held in Wards. Residence of Voters. Penalty for illegal voting. Ward officers, when and how elected. Votes how given. Vacancies, how filled. ['laces of voting, Meadow street, and the centre of Church street r and as lies and extends southerly of and from a line passing through the centre of Chapel street, from Church street to Mill river, be and remain Ward No. 3 : so much of said city as. lies north- erly of and extends northerly from said last men- tioned line, through Chapel street, and as lies east- erly of and extends easterly from said line before mentioned, passing through the centre of Whitney avenue and Church street to Chapel, be and remain Ward No. 4. SEC. 2. At the annual and other meetings for the election of city officers in said city, the free- men shall vote for officers in the several wards wherein they have statedly resided for the four weeks next preceeding such meeting; residence being for this purpose where the voter has statedly lodged ; provided, that in no case shall any free- man give his ballot in any ward, whereto he may have temporarily removed for the purpose of voting therein. And if any person shall vote for any city officers, in any ward wherein he is not entitled to vote, he shall forfeit the sum of seventeen dollars to the treasury of the city. SEC. 3. At the annual election of city officers in said city, there shall be elected one alderman and five common council men in each of said wards, by the voters of each of said wards respec- tively and exclusively. But votes for all other city officers, now elected by the freemen of said city, may be received from all the freemen of said city, given in their respective wards. And the names of all persons voted for may be on one piece of paper, written or printed. And in case of the vacancy in any office which is filled by the exclusive votes of any ward before the end of the year, the same may be filled by an election to such vacancy, by a plurality vote, for the residue of the official year, by the voters of that ward only. SEC. 4. The place of voting in Ward No. 1, shall be at the State House, in the City Hall ; in Ward No. 2, at some place in said ward westerly of the centre line of Temple street continued, and southerly of the centre line of Crown street ; in Ward No. 3. at some place in said ward easterly CITIES. 15 of the centre line of State street continued, and southerly of the centre line of Wooster street con- tinued ; in Ward No. 4, at some place in said ward easterly of the centre line of State street continued, and northerly of the centre line of St. John street continued ; said several places of voting in Wards No. 2, 3, and 4, subject to the foregoing restrictions, to be designated by the Court of Common Council b^c of said city, and to be published by direction of Council. the said Court of Common Council, at least six days before the day of election, in one or more newspapers in said city, and also to be inserted in the warnings of the city meeting. And said Court of Common Council shall, from their own number residing in Wards No. 2, 3, and 4, appoint a presi- Presiding officer, ing officer, and a substitute (in case of failure to attend) at the election in each of said Wards. And the members of the Court of Common Coun- cil, and such persons as the presiding officer may designate, residing in each ward, and present in the meeting for the choice of officers, shall assist the His duties, presiding officer in the business of the meeting, in the receiving, entering, counting and disposing of the votes therein received. The presiding officer Names of voters in each ward shall order the names of the freemen to be enrolled, as they vote, to be enrolled. SEC. 5. The poll for the reception of votes on the day of election, shall be open from 9 o'clock Polls, time of in the forenoon, till 3 o'clock in the afternoon. And ppjning and cios- imniediately after the poll is closed, the votes shall "' be counted, and a certificate of the true result in R esu i to f e j ec . each ward, shall be forthwith transmitted under the tion, how and hand and seal of the presiding officer in each ward, w ^ ere transmit- together with the votes received, and list of persons voting, to the presiding officer in Ward No. 1, at the City Hall : which certificate shall be received as evidence of the result in each ward. The per- sons having the greatest number of votes for the several offices, shall be declared duly elected, as well those for whom all the freemen of the city may vote, as those voted for by the several wards. And in case of an equality of votes, so that any i n cas e of equal particular officer named be not chosen, the presid- votes > office to ba ing officer in Ward No. 1, shall in presence of filled by Iot> 16 CITIES. Judges of City Court, how and when elected. City meeting when and where held. Powers. Special Ward elections. Penalties for illegal voting. those assembled, forthwith designate by lot which of those having such equal vote is chosen. SEC. 6. From the four Aldermen chosen in the several wards as aforesaid, the Court of Common Council shall elect two to be judges of the City Court, within one week after the annual election. And thereupon, said presiding officer shall, on the day of election, immediately declare the result, as above ascertained, in regard to all officers to be chosen at the annual city election. After the clos- ing of the poll for the officers to be chosen, the City meeting at the City Hall in Ward No. 1 , where all the freemen of said City may be present and participate, may proceed to transact any other busi- ness that may come before them. And said City meeting in Ward No. 1, shall not be adjourned until the ballots are counted, and the result ascertained and declared as aforesaid. From a special election in any one Ward, the result shall be certified to the next Court of Common Council, which shall desig- nate by lot, on any equal vote. SEC. 7. All penalties for illegal voting in said city meetings now provided, and all laws now exist- ing in relation to said city and its powers and proceed- ings, not inconsistent herewith, shall not be vaca- ted, or in any way affected by the passage of this act. This act to be a Public Act ; provided that this act shall not take effect until the 20th day of June, 1843. Approved) June 3, 1843. CHAUNCEY F. CLEVELAND. CHAPTER X. An Act in addition to an Act entitled "An Act Incorporating the City of Middletown." SEC. 1 . Be it enacted by the Senate and House of Representatives in General Assembly convened, CITIES. 17 That there shall be a Recorder for the city of Mid- Recorder, his dletown, who shall be the Chief Judge of the City J J" Court of said city, and shall perform all the duties of a Judge of said court, instead of the Mayor of j-aid city. And he shall also have and exercise all the other judicial powers and authority now by law appertaining to the office of Mayor of said city, and said power and authority are hereby transferred from said office of Mayor to said office of Recorder. The Recorder of said city shall be annually chosen when chosen. by the Court of Common Council, at a meeting specially held for that purpose, after the annual city meeting, and he shall hold his office until another be chosen and sworn ; he shall take the oath pro- Tobe sworn vided by law to be administered to other judicial officers, and shall receive such compensation as shall Compensation. be established by by-law of said city. In case said office of Recorder shall at any time become vacant Vacancy, how by death or otherwise, said Court of Common Coun- s u PP lied - cil shall supply such vacancy at a meeting specially warned for that purpose, and the person chosen to supply said vacancy shall hold said office until the next succeeding annual meeting, and until another be chosen and sworn. SEC. 2. That the Mayor and Aldermen of said Mayor and AI- city of Middletown shall have, severally, the same dcrmen, their ... . , . ...' y" ij duties and pow- power within said city to disperse and apprehend er3 . rioters, to keep the peace, and to require sureties therefor, and the same criminal jurisdiction over all crimes and offences whatsoever, committed within the limits of said city, that Justices of the Peace have or may have in the towns where they reside, subject to any appeal that is now, or shall hereafter be allowed from Justices of the Peace in criminal cases. And where said Mayor or Aldermen have jurisdiction, they shall have the same power, sever- ally, that Justices of the Peace have to issue process against the offender or offenders, and a summons and capias for witnesses, and may at all times, if need be, require the aid of any sheriff, deputy sher- iff, city sheriff, town or city constable or watchman, or any or all of them, together with such other aid as shall be necessary. And the Mayor, or in his absence the senior Alderman present shall, in all ca- 3 IS COMMUNITIES. ses, have and exercise the same powers and duties which were conferred on the Mayor of the ciiy of New Haven, by an Act passed 1842, entitled "An Acl in addition to an Act entitled An Act Incorpor- Penaity for resis- ating the City of New Haven." And all persons who tance of, &c. shall resist, delayer refuse to obey the legal require- ments of the Mayor or either of the Aldermen of said city of Middletown, shall be subject to the same penalty as is provided by the last mentioned act for like offences ; and every person called into ser- vice by the Mayor or acting Mayor, shall be paid as provided by the sixth section of said act. SEC. 3. The Court of Common Council shall at their next meeting after the passage of this act, and at each annual meeting of said Court thereafter, appoint from the Common Councilmen, by ballot, thl " ee g r{lnd J UI " rS for the cit y wh sha11 b<3 heandow appointed. and who shall have and exercise the same powers Their powers, an( j duties within the said city as grand jurors have and exercise within their respective towns. And said grand jurors shall perform the duties of their office until others are chosen and sworn in their stead. Approved, June 7, 18-43. CHAUNCEY F. CLEVELAND. CHAPTER XI. An Act in addition to an Act entitled "An Act enabling Communities to enforce and defend their Rights." SEC. 1. Be it enacted by the Senate and House .of Representatives in General Assembly convened, Conveyances That all conveyances of property that have been made to Trustees heretofore, or that shall be hereafter made to the effcotuU^a'iaw- trustees of the community in Enfield in this state, called Shakers, or to the trustees of any such 19 community in said town, and to their successors in office, according to the forms and usages in like cases adopted, shall be good and effectual in law, to convey such property to said trustees and their successors in office, for the uses and purposes in said conveyances mentioned. SEC. 2. That all conveyances of property that Also such con- have been heretofore or that shall be hereafter veyancesmade by made by the trustees of said community, for the said Tl ' ustees - time being, duly executed by them in the manner prescribed by law, shall be good and effectual to convey the property therein described to the purchaser or purchasers thereof, and shall be as obligatory upon said trustees and their successors in office, as similar conveyances are upon the grant- ors therein named. SEC. 3. That all suits in law or equity brought Suits may be y ai id by said community to enforce any legal claim or Bought by and demand, or to recover the possession of any prop- Trustees!" erty to them belonging, may be brought and prose- cuted to final judgment and execution in the names of the trustees of said community for the time being: and any legal claim or demand against said community may be in like manner enforced by making said trustees for the time being defendants in such suits; and in case any or all of said trustees Such guit not to during the pendency of any such suit or suits, be abated by the should die or be removed from office, such suit or ll '' ilth L. rcmov ^ ,. , , . , or anv Trustee suits shall not for that cause abate, but such death during the or removal being suggested upon the record, said pendency thereof, suit or suits may be prosecuted to final judgment and execution by or against their successors in office. Approved, June 2, 1843. CHAUNCEY F. CLEVELAND. 20 COURTS. CHAPTEK XII. An Act in addition to "An Act authorizing the Superior Court, to grant Divorces." Powers of Be it enacted by the Senate and House of Repre- Superior Court sentatives in General Assembly convened, That the Di^rces Superior Court shall have power to grant a divorce extended. to any man or woman lawfully married, for habitual intemperance or intolerable cruelty, according to the provisions and mode of proceeding in the second, third and fourth sections of the Act to which this Act is an addition. Approved. June 6, 1843. CHAUNCEY F. CLEVELAND. CHAPTER XIII. An Act in alteration of an Act entitled "an Act for constituting arid regulating Courts, and ap- pointing the times and places of holding the same." Time of holding SEC. 1. Be it enacted by the Senate and House inTdr fieid OUrt f Representatives in General Assembly convened, County. That in future the Superior Court for the County of Fairfield, shall be holden on the first Tuesday of October, annually, instead of the fourth Tues- day of September ; any law to the contrary not- withstanding. Time of holding SEC. 2. That in future the County Court for n said Count y of Fairfield, shall be holden on the second Tuesday of December, annually, instead of the last Tuesday of December ; any law to the con- tra 7 notwithstanding, dookou SEC. 3. That all writs and processes which COURTS. 21 have already issued, or which may issue before the first day of July, 1843, made returnable to the said Superior Court on said fourth Tuesday of Septem- ber next, and also all appeals to said Court which have so been taken, shall be entered in the docket of said Superior Court, and proceeded with in the same manner as if the same were made returnable or taken to said Court so to be holden on the first Tuesday of October aforesaid. , Approved, June 6, 1843. CHAUNCEY F. CLEVELAND. CHAPTER XIV. An Act in addition to " an Act for constituting and regulating Courts, and for appointing the times and places of holding the same." SEC. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, That no county commissioner shall be disqualified Relationship to from performing the duties of his office, in any case, P ar *! 8 not todis ' f ..... * . qualify by reason of any relationship he may sustain to County Commis- either of the parties in such case. sioners. SEC. 2. That whenever, in any case, by reason Duties when to of the disqualification, refusal, sickness or death of be , discharged by . i f *, . . . . other commis- either of the commissioners, such commissioner 8 i one rs. shall fail to act, then, in such case, the duties of the commission shall be discharged by the other commissioners. SEC. 3. That the oath or affirmation to be ta- ken by the commissioners, and by all persons who may be selected as aforesaid to act as such, before entering upon the duties of their office, shall be as follows: "You solemnly swear, (or affirm, as the case Oath required to may be,) that you will truly and faithfully, and ac- be taken> cording to your best skill and judgment, perform the duties of the commission to which you are appointed : so help you God" 22 COURTS. Repeal. g EC . 4. That all acts or parts of acts, inconsis- tent with the provisions of this act, be, and the same are hereby repealed. Approved, June 7, 184-3. CHAUNCEY F. CLEVELAND. CHAPTER XV. An Act in addition to an Act entitled "An Act constituting and regulating Courts, and appoint- ing the times and places for holding the same." Be it enacted 5y the Senate and House of Repre- Bozrah constitu- sentatives in General Assembly convened, That the town of Bozrah be, and hereby is, constituted a Probate District, by the name of the District of Bozrah. Provided, however, that all matters or business begun or entered in the Court of Probate for the District of Norwich shall be completed therein in the same manner as if this act had not been passed. Approved, June 3, 1843. CHAUNCEY F. CLEVELAND. ted a Probate District. Proviso. East Lyme con- stituted aF District. CHAPTER XVI* An Act in addition to an Act entitled " An Act constituting and regulating Courts, and for ap- pointing the times and places of holding the same." Be it enacted by the Senate and House of Rep- reacntativea t General Assembly convened, That the COURTS. 23 town of East Lyme be, and hereby is constituted a Probate District, by the name of the district of East Lyme. Provided, however, That all matters Proviso, or business begun or entered in the court of Pro- bate for the district of New London shall be com- pleted therein, in the same manner as if this act had not been passed. Approved, June 2, 1843. CHAUNCEY F. CLEVELAND. CHAPTER XVII. An Act in addition to an Act entitled " An Act for constituting and regulating Courts, and for appointing the times and places of holding the same." SEC. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, Provisions of an That the provisions of the ninth section of the act A f P assed J841 > i i A i- i i A relating to con- cntitled " An Act in addition to an act entitled An senators of luna- Act for constituting and regulating Courts and for tics, &c.,exten- appointing the times and places of holding the same," passed May Session, 1841, relating to the appointment of conservators of lunatics, idiots or distracted persons, shall be extended and apply to all persons who by age, sickness, or from any other cause, shall become incapable of taking care of themselves or managing their affairs. SEC. 2. Be it further enacted, That the settle- Conservators' ac- ment of all accounts of conservators appointed by COUIIts ' settie- .,_ ~ iiii r i tie ments where to the County Courts, shall nereaiter be made belore be made. . the Court of Probate in the district in which the ward resides, and that all the matters appertaining to conservatives and their wards, heretofore within Cognizance of the jurisdiction of the County Court, shall be done conservative mat- , J ,. ii>i ! n r r i ters transferred to and performed by the respective Courts of Probate courts of Probate in the district where the ward resides. 24 COURTS. Doings of Courts SEC. 3. Be it further enacted, That all matters certain rasescon- a d proceedings heretofore had before any Court firmed. of Probate in the state, relating to the appointment of conservators, to any persons named in this Act, or settling their accounts, and for the sale of lands, are hereby affirmed and declared valid, in the same manner as if said ninth section of said act had originally been extended in the same manner as the same is extended by this act. Other acts of said SEC. 4, Be it further enacted, That all settle- Courts confirmed. mentg O f accounts by the Courts of Probate in this state, or resignations accepted by said courts, of con- servators appointed by the County Courts, are hereby affirmed and declared valid, in the same manner as if this act had been passed at said May session, 1841. Repeal. SEC. 5. Be it further enacted, That so much of the act passed this session entitled " An Act in ad- dition to an act relating to Guardians and Minors," as is inconsistent with the provisions of this act, be and the same are hereby repealed. Approved, June 7, 1843. CHAUNCEY F. CLEVELAND. CHAPTER XVIII. An Act in addition to an Act entitled " an Act for constituting and regulating Courts, and for ap- pointing the times and places of holding the same." Rocky Hill Be it enacted by the Senate and House of Repre- coiwtitutedapert sentat j ves j n (} enera i Assembly convened, That ot the 1'robate .1 / n i TT-II t n i ,. District of the town of Rocky Hill shall be, and constitute a Hartford. part of the Probate District of Hartford. Approved, June 7, 1843. CHAUNCEY F. CLEVELAND, COURTS. CRIMES AND PUNISHMENTS. 25 CHAPTER XIX. An Act regulating proceedings in the Court of Probate. Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened, That in 11 u u 1 * j *U J * f *u Publication of all cases, where by law it is made the duty or the p ro bate notices. Court of Probate to direct notice to be given by advertisement in a public newspaper, such notice may be published in any newspaper printed in the county where said court is holden, or in any adjoin- ing county, as the court may direct. Approved, June 2, 1843. CHAUNCEY F. CLEVELAND. CHAPTER XX. An Act in addition to an Act entitled "An Act concerning Crimes and Punishments." Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened, That if Persons guilty of any married person, his or her lawful wife or hus- ^ e cnme of , J , , . ,. i 11 i . Bisamy commit- band being alive, shall marry any other person in e d in other states, any other state or country, in violation of the laws if residing in thereof, or if any single person shall in any other punished here. * state or country, in violation of the laws thereof, marry any married person, his or her lawful wife or husband being alive; and if any persons so unlaw- fully married shall come into this state and here cohabit and live together as man and wife, every person knowingly offending in either of the cases aforesaid, shall be punished by imprisonment in the Connecticut state prison, not less than two years nor more than five years. Provided, that such Proviso. 4 26 CRIMES AND PUNISHMENTS- DEEDS. marriage, if it had been contracted within the limits of the state of Connecticut, would have been in violation of the laws thereof. Approved, June 2, 1843. CHAUNCEY F. CLEVELAND. CHAPTER XXI. An Act in alteration of an Act entitled "An Act concerning Crimes and Punishments." Be it enacted by the Senate and House ofRepre- Discretionary sentatives in General Assembly convened, That power of Courts whenever any person under the age of seventeen in sentencing i 11 i i i i Juvenile Offend- years shall be convicted by any court in this state, e - of an offence the punishment of which in whole or in part is or may be imprisonment in the state prison, it shall be discretionary with such court, in lieu thereof, to sentence such convict to imprison- ment for the same term in the county jail of the county where such conviction is had. Approved) June 6, 1843. CHAUNCEY F. CLEVELAND. CHAPTER XXII. An Act to confirm Deeds and Bonds. Be it enacted by the Senate and House of Repre- Deeds, &c., and sentatives in General Assembly convened, That all titTe C ar d deeds and other conveyances of real estate, and made valid. instruments which purport to have been intended ELECTIONS. 27 as bonds with or without condition under seal, which have been executed without seal, shall be valid as though the same had been sealed : Pro- Proviso. vided, that this act shall not affect any suit now pending. Approved, June 6, 1843. CHAUNCEY F. CLEVELAND. CHAPTER XXIII. An Act in addition to an Act entitled "An Act to regulate the election of Senators, and to divide this State into districts for that purpose." Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened, That the R oc ky Hill to town of Rocky Hill, in the county of Hartford, belong to the shall be and remain a part of the First Senatorial &*?* District. Approved, June 7, 1843. CHAUNCEY F. CLEVELAND. CHAPTER XXIV. An Act to punish Illegal Voting. Be it enacted by the Senate and House of Rep- resentatives in General Assembly convened, That if Penalty for Ille- any person shall vote for Representative, Senator, &1 Sheriff, or Member of Congress, in any town where by law he is not entitled so to vote, the person so 28 EQUITY. unlawfully voting, shall pay a fine of seventeen dollars to the treasury of the state. Approved, May 27, 1843. CHAUNCEY F. CLEVELAND. CHAPTER XXV. An Act in addition to an Act regulating Proceed- ings in Equity. SEC. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, In cases of tempo- That whenever any temporary injunction shall be rary injunctions, .' . ' , r the sales of per- granted to restrain the sale of personal property sonai estate lev- levied upon by virtue of any writ of execution, ied upon bvexec- .1 j . !_''''* utioD, to be ad- the J ud g e or court grar.tmg such injunction may joumed. order and direct the officer levying such execution, to adjourn such sale for such time or times and in such manner as such judge or court shall deem proper ; and the sale of such property shall be by said officer adjourned accordingly. The levying offi- g EC <% When any such injunction has been or cer may ad]ourn , , ..,/ u j r j- such sales during shall be granted without such order for adjourn- the continuance ment, the officer levying sucli execution may from lon> time to time whilst such injunction shall be in force, adjourn such sale for such period of time as the circumstances of the case may require ; and whilst such sales shall be so adjourned as aforesaid, the lien created by such levy shall be and remain in full force. Approved, June 2, 1843. CHAUNCEY F. CLEVELAND. FENCES. 29 CHAPTER XXVI. An Act in addition to and in alteration of an Act entitled " An mon Fields." entitled " An Act concerning Fences and Com- SEC. 1. I3e if. enacted by the Senate and House of Representatives in General Assembly convened, That whenever there is not, or shall not have been Division of fen- a division fence between any two adjoining pro- ces ' how to ^ prietors, whose lands are otherwise enclosed in sev- erally ; or when, by distribution, sale or otherwise, a particular enclosure shall be divided between two or more proprietors, and either shall desire to have a division fence erected between him and the adjoin- ing proprietor or proprietors, and the parties con- not agree, it shall be lawful for any two of the fence viewers of the town where such land is situated and if the same is situated in more than one town, How made, when then for one fence viewer from each town in which the l ? nd ? are sit ~ ... . , . .,,.... ,. . uated in more it is situated to view said dividing line, first giv- than one town, ing reasonable notice of the time when they will meet for that purpose, to said proprietors ; and if said fence viewers shall deem it reasonable that such fence should be erected at the expense of each of said adjoining proprietors, they shall divide and stake Fence viewers to out said line and assign to each his portion thereof, divide the line, and fix and limit a time within which the fence f n r the' 1 erection thereon shall be erected ; and it shall be the duty of fences. of each proprietor to erect on the portion of said line so set to him, a lawful fence. And if either of said proprietors shall make his portion of said fence, and the other proprietor or proprietors shall neglect to build his or their portion, within the time On neglect of el- limited as aforesaid, said fence viewers may build ther proprietor, the same, or may authorize or direct the proprietor ^ maTerea "the who has erected his portion, to build the same, and fence, &c. when said fence is so built, by said fence vieijtfers, or by said proprietor, they or he may recover the expense thereof, and the fees of the fence viewers ^. m< ) ( V v a aiHSl; n . < i i defaulting pro- thereior, m an action of deot on tms statute. prietors. 30 FENCES. Division of exis- g EC . 2. Whenever by sale, distribution, parti- tion or otherwise, a particular enclosure shall be r or has been divided between one or more proprie- tors, and the parties interested cannot agree re- specting a division of the existing fences, it shall be lawful for any owner of any such divided por- tion of such enclosure, to call out any two of the fence viewers in the town where such fences are How made and situated j and if the same are situated in two apportioned. iownS) one o f said fence viewers shall be from each town, and said fence viewers shall view said lines of division fence, and make such divis- ions and apportionments thereof as may be neces- Award of Fence sary to do j ust i ce to a u t j ie par ti e s, and shall award viewers ; that such of the parties pay, and such others re- ceive such sums, as in the judgment of such fence viewers shall be just and reasonable, to be recover- To be in writing ed in an action of debt. Such award shall be in and recorded. writing, signed by said fence viewers, describing such division and apportionments, and limiting a time for the payment of the sums awarded, and shall be recorded in the records of the town or towns where such fences are situated. And said apportionments and award shall not be invalid, in consequence of any inaccuracy, if the location of such division, the respective parties and the sums awarded, can be understood. How to proceed, SEC. ^' ^ sna ^ not De lawful for any person to when enclosures throw his or her enclosure open to the commons open^Ihe'cor. without the assent of a majority of the fence view- mons. ers of the town or towns where the same is situa- ted, in writing first obtained and recorded in said town or towns. Common field* SEC. 4. Nothing herein contained shall extend vroSfrtlu to ^closures in common fields. Act. SEC. 5. So much of the Act to which this is in addition and alteration as is inconsistent herewith, is hereby repealed. Approved, June 7, 1843. CHAUNCEY F. CLEVELAND. FENCES. FISHERIES. 31 CHAPTER XXVIf. An Act in addition to an Act entitled " An Act concerning Fences and common Fields." SEC. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, That in making a worm or crooked rail fence be- Wormfence,hw tween adjoining proprietors, each proprietor shall lobeset - be allowed to set one half of the width on each side of the dividing line, upon the land of the adjoin- ing proprietor ; provided it does not exceed three Proviso> feet from the dividing line. SEC. 2. So much of the second section of the Repeal, act to which this is an addition and alteration as is inconsistent with the provisions of this act, be, and the same is hereby repealed. Approved, June 6, 1843. * CHAUNCEY F. CLEVELAND, CHAPTER XXVIII. An Act in addition to an Act entitled " An Act for encouraging and regulating Fisheries." Be it enacted by the Senate and House of Rep- resentatives in General Assembly convened, That if Use of Net* in any person or persons shall set, use or draw any Ousatonic river, drift, drag or gill net, or aid or assist therein, in, foroTfansT upon or across any part of the Ousatonic river, prohibited, below New Milford falls in said river, at any time between the first day of April and the first day of July in each year, such person or persons shall for- feit and p.-iy a fine of fifty dollars to the treasury Penalty. of the county where the offence shall be commit- ted. And every such drift, drag or gill net so set, Nets $< set to FOREIGN ATTACHMENT. be deemed nuis- used or drawn in said river, contrary to the provis- y ions of this act > sha11 be deemed a common nuis- ance, and may be taken, abated or destroyed by any person or persons as such. Approved, June 6, 1843. CHAUNCEY F. CLEVELAND. CHAPTER XXIX. An Act extending Process of Foreign Attachment, SEC. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, That The concealed ef- whenever the goods or effects of a debtor are con- fects, &c.ofa ce aled in the hands of his attorney, agent, factor or debtor, snb]ected , / i to the process of trustee, so that they cannot be found or come at to Foreign Attach- be attached, or where debts are due from any per- son to a debtor, it shall be lawful for any creditor to bring his action against such debtor, and insert in his writ a direction 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 return- able, with such debtor's attorney, agent, factor, trustee, or debtor, or at the place of his or their Copy, how and usual abode ; and it shall be the duty of the officer when to be left, serving such writ to leave a copy thereof according to such direction, and from the time of leaving such Goods, &c.,there- copy, all the goods and effects in the hands of such g- attorney, agent, 'factor, or trustee, and any debt due = from such debtor to the defendant, shall be secured in their hands to pay such judgment as the plaintiff shall recover, and may not otherwise be disposed of by such attorney, agent, factor, trustee or debtor. Manner of pro- St:c. 2. That the proceedings under the above ceeduig*. section of this act shall be the same as are prescri- bed by the act entitled " An Act authorizing the coFection of debts by Foreign Attachment," and the sveeral acts in addition thereto and alteration GUARDIANS. 33 thereof, and nothing in this act shall be construed to authorize the taking, by virtue of any foreign at- tachment, any debt under ten dollars which shall Debts under ten have accrued by reason of the personal services or ' Approved, June 7, 1S43. CHAUNCEY F. CLEVELAND. CHAPTER XXX. An Act in addition to the Act entitled "An Act relating to Guardians and Minors." SEC. 1. Be it enacted by the S nate and House of Kejtife$entativfi in General Assembly convened, That it shall be the duty of all guardians of minors Guardians to to render their accounts against their wards for rencler lheir > . . i c i counts annually. adjustment, together with the particulars 01 the estate of such wards, before the Courts of Probate respectively having cognizance thereof, at least once in every year during the continuance of their _ .. ,.''.. .. i ti i Court when to guardianship : and in case any guardian shall have m t ke order neglected to render his account and statement as therefor, aforesaid, it shall be the duty of said court to make order therefor. SEC. 2. Be if, farther enacted, That whenever Balances how it shall appear, on the adjustment of the account of di s p<>s (> d O f and any guardian as aforesaid, that there is a balance of the money of the ward in the hands of such guardian, it shall be the duty of the Court of Pro- bate to order such guardian to place the same at interest, in the name of the ward, on good mortgage security of at least double the value of the amount lent on such mortgage, or by deposite in some savings bank in this state, or to lay out the same in 5 GUARDIANS. - JURYMEN. the nurture, education, or advancement in marriage of such minor, as the Court of Probate shall direct or approve, and to render his account thereof at such time as such court shall prescribe. Account of sales, SEC - 3- That a]l persons appointed by the &c., to be made Court of Probate to sell the lands of minors, who annually. nave go j d the Sam6j s j m ]j renc l er to tne Court of Probate, once in each year, his or her account against his or her ward, together with the particu- lars of the fund or property in his or her hands. And if the person so authorized to sell shall neglect annually to render such account, it shall be the duty of said Court to make an order directing him or her so to render his or her account. Conservators, SKC. 4. All conservators appointed by the Court when and where of Probate or County Court, shall render annually to the court where they were respectively appoint- ed, his or her account with his or her ward, and of the particular situation of the ward's estate. Approved, June 2, 1843. CHAUNCEY F. CLEVELAND. CHAPTER XXXI. An Act in addition to and alteration of an Act entitled " An Act prescribing the number of Ju- rymen for each town in this State." Be it enacted by the Senate and House of Rep- resentatives in General Assembly convened, That Number of Jury, the town of Westport in the county of Fairfield, meninWestport. gj^jj ^ &nd j g hereby entit ] ed to se l ect nme J ury . men and no more, in the manner and for the pur- poses prescribed in the Act regulating Civil Actions ; and the town of Fairfield shall be entitled to thirteen Fair " Jui 7 men and no more ; any law to the contrary notwithstanding. Approved, June 6, 1843. ? * CHAUNCEY F. CLEVELAND. JU HYMEN. JURORS. 35 CHAPTER XXXII. An Act in addition to an Act entitled " An Act prescribing the number of Jurymen for each town in this State." Be it enacted by the Senate and House of Itep- rcscnfutivcs in General Aswnbl.i) convened, That Number of Jury- the town of Rocky Hill, in Hartford county, shall JgJ* be, and is hereby entitled to select six jurymen and no more, in the manner and for the purposes pre- scribed in the act regulating Civil Actions ; and that the town of Wethersfield shall hereafter be en- Number in titled to select twelve jurymen, and no more. Wethersfield. Approved, June 7, 1843. CHAUNCEY F. CLEVELAND. CHAPTER XXXIII. An Act in alteration of an Act entitled " An Act concerning Grand Jurors." Be it enacted by the Senate and House of Ttcp- resentativcs in General Assembly convened, That Three Grand Ju- any three grand jurors of any town may and shall rors to cons ! it l ute . J ,, . J * a quorum With have and exercise all the powers granted to the rui powers. whole of the grand jurors of any town, by virtue of the sixth section of an act entitled " An Act relating to Grand Jurors." Approved, Junel, 1843. ' CHAUNCEY F. CLEVELAND. 36 MILITIA. CHAPTER XXXIV. An Act in addition to and alteration of sundry Acts for forming and conducting the Military Force. SEC. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, ocd ~ ^ hat the P rovisions of tne Act of 1832 > to which military conimis- tnis ls m addition, empowering the Captain General ions during to grant commissions to persons chosen to office in companies organized during the recess of the General Assembly, be extended to officers chosen by any company of militia in this state. Retum to be SEC. 2. Returns of officers of military compa- made to the Ad- nies chosen during the recess of the General As- sembly, shall be made to the Adjutant General; and if within fifteen days there shall be no objec- tions or remonstrance to the same, commissions may be granted as aforesaid. Remonstrances to g EC . 3. That in case of any remonstrance be referred to the A - . - re- Major General, against granting commissions to officers chosen during the recess of the General Assembly, the same shall be referred to the Major General com- manding the division in which the election was held; who, after having first given notice to all persons interested, shall hear and decide in the matter of said choice, and if found to be illegal, order a new election. SEC. 4. That so much of the acts for forming and conducting the Military Force as is inconsistent with the provisions of this act be and the same is hereby repealed. Approved, June 7, 1843. CHAUNCEY F. CLEVELAND, RAILROADS. 37 CHAPTER XXXV. An Act relating to the Housatonic Railroad Company. SEC. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, That the Housatonic Railroad Company be, and Company author- it is hereby authorized, for the purpose of discharg- iz ? d to sel1 for - ing its liabilities, to sell or dispose of all or any part e * ' "' of its surplus and forfeited stock, in such way and at such rates, and on such terms as shall be deter- mined on by the stockholders of said Company, at a special meeting to be called for that purpose by the board of directors, notice of which meeting signed by the secretary, shall be given by publica- tion thereof, at least ten days inclusive, before the day of holding such meeting, in the newspapers published in Bridgeport and Litchfield. Provided, Proviw. That no part of said surplus and forfeited stock shall be sold at a less rate than fifty dollars per share, and that the amount of such sales shall be sufficient to redeem the whole amount of notes outstanding against said company, certified by the commission- ers on said road : and that the avails of such sales shall be placed in the hands of said commissioners, and be by them applied to the redemption of such certified paper; and provided further, that such sale shall be made and completed on or before the first day of September next. SEC. 2. And be it further enacted, That the purchasers of so much of said surplus and forfeited stock as shall be sold in pursuance of this act, shall be entitled to a dividend of three and a half per Rate of dividend cent, annually, payable in semi-annual dividends out of the net earnings of said road before any dividend shall be declared or paid to the other stockholders of said company. SEC. 3. Be it further enacted, That in case said stock of said Company is not disposed of prior to said first day of September, as herein before pro- 38 KAIL HO ADS. vided, and said Company, shall not at that time have redeemed the entire amount of certified paper issued by said Company, or provided for the same to the satisfaction of the holders thereof, it shall be Commissioners, tne duty f tne commissioners on said road, to sell how and when to for cash on or before the first day of December next, sell the property ^ wno j e o f tne property vested in them for the re- ot the Company. ] ' > demption of said certified paper, or so much thereof as shall be necessary to redeem the same, agreea- bly to the provisions of the acts now in force rela- ting to said Housatonic Railroad Company, and shall forthwith apply the avails to the redemption Avails, how to be rr j applied. oi said paper. SEC. 4. And be it further enacted, That in the event of a sale of the property of said company, or any part thereof, by the commissioners, by virtue of the provision of the act, entitled "An act to aid in the construction of the Housatonic Railroad," and the act in addition thereto, the purchasers Company how or- thereof shall have the right to organize a company ganizcd, in event according to the provisions of a statute law of this state, entitled " An act relating to Joint Stock Cor- porations," entitled to all the privileges and subject to all the liabilities specified in said act. The cap- Capital atock, i ta ^ stoc k of said Company may consist of any number of shares of one hundred dollars each, not exceeding the capital stock of the Housatonic Rail- road Company. SEC. 5. Be it further enacted, That so much of the act passed May, 1 839, or of any other act, as authorizes said Housatonic Railroad Company Banking powers to issue notes payable on demand, intended for cir- of said Company culation, or to utter, issue, or emit any bill of cre- dit, or make or endorse any bond, promissory wri- ting or note, bill of exchange, or order to be issued as a general currency ormedium of trade, as in lieu of money, be and the same is hereby repealed ; and this act may at any time be altered, amended or repealed by the General Assembly. Approved, June 7, 1843. CHAUNCEY F. CLEVELAND. RAILROADS. 39 CHAPTER XXXVI. An Act in addition to an Act entitled "An Act to aid in the construction of the Housatonic Rail- road." SEC. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, That the commissioners appointed upon said road, Bond to be given pursuant to the act to which this is in addition, by Commission- shall, before entering upon the duties of their ap- J jjJjJjfthJ pointment. give bond to the Treasurer of this State Superior S Court. in the sum of forty thousand dollars, with one or more sufficient sureties, conditioned for the faithful discharge of their duties as commissioners as afore- said, which said bond shall be approved by one of the Judges of the superior court, before the same shall be effectual ; and a failure to give such bond On failure, office within thirty days after the rising of this Assembly to become vacant, shall be deemed a refusal to accept said appoint- ment. SEC. 2. Before said bond shall be approved by such judge, five days notice shall be given to the Notice to be president of said corporation to appear before said ^prova! J judge at such time and place as shall be designated, to be heard relative to the sufficiency of the pro- posed sureties on such bond. SEC. 3. In case of a breach of said bond, suit , . Provision for may be brought in the name of such Treasurer, in breach ofbond. any county where either of the obligors reside, for the benefit of all persons interested in the subject matter thereof. Approved, June 7, 1843. CHAUNCEY F. CLEVELAND. 40 SCHOOLS. SECRKTAKY. CHAPTER XXXVII. An Act in addition to an Act relating to Common Schools. Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened, That On division of a wnenever anv school district shall be divided ac- Schooi District, cording to the provisions of the 1 3th section of "An the property ^cl re | a ti n g to Common Schools," and the only or thereof how ... / i i- i 11 f divided. principal property or said district shall consist of a school house and real estate therewith connected, which cannot be divided between the several parts of such district without great inconvenience, the committee of the school society, instead of dividing such school house and real estate, shall set such school house to one part, and award that the other part or parts shall receive from the part to which such school house and real estate is set, such sum of money as shall in the judgment of such committee be just and right ; and such award shall be binding upon the several parts of such district. Approved, June 6, 1843. CHAUNCEY F. CLEVELAND. CHAPTER XXXVIII. " '*''' An Act in addition to and in alteration of an Act entitled " An Act relating to the office and duty of the Secretary of the State." Be it enacted by the Senate and House ofRepre- o th sentatives in General Assembly convened, No pub- State, how to be hcation of the laws of the state, by the publisher published in of any newspaper, shall be deemed a compliance wspaper8 ' with the second section of the act to which this is in addition and in alteration, unless the said laws are published in the columns of said newspaper, in SOCIETIES. 41 the regular edition thereof, and in every number of the edition in which said laws or any of them are published, and in the usual type in which the read- ing matter of such paper is printed; and that one copy of each number or paper so printed shall be transmitted to the Secretary of this State. Approved, June 7, 1843. CHAUNCEY F. CLEVELAND. CHAPTER XXXIX. An Act in addition to an Act relating to Religious Societies and Congregations. ]3e it enacted by the Senate and House of Rep- resentatives in General Assembly convened, That Societypriviieges Jews who may desire to unite and form religious extended to societies, shall have the same rights, powers and privileges which are given to Christians of every denomination by the act to which this is in addition, and the several acts in addition thereto and altera- tion thereof. Approved ', June G, 1843. CHAUNCEY F. CLEVELAND. CHAPTER XL. An Act in addition to an Act entitled "An Act relating to Religious Societies, and Congrega- tions. Whereas, Doubts have arisen in the minds of 6 42 TAXES. some whether the Methodist Episcopal Societies in this state have been legally organized : Be it therefore enacted by the Senate and House of Representatives in General Assembly convened, Doings of Meth- That the acts which have been done by ecclesiasti- odist Societies cal societies of this state, organized under the Methodist Episcopal order, or under the Protestant Methodist order, according to the rules and disci- pline of said societies, shall be good and effectual in law, as the acts of societies legally organized under the act to which this is in addition. Approved, June 6, 1843. CHAUNCEY F. CLEVELAND. CHAPTER XLI. An Act in addition to an Act entitled " An Act for the assessment of Taxes." SEC. 1. Beit enacted, by the Senate and House of Representatives in General Assembly convened, Cashiers, &c. That the cashiers of the several banks and the see- when and how letaries and clerks of the several insurance and sorsof taxable" turn Pke companies established in this state shall, stock, &c. by the twelfth day of October, annually, 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 or owners thereof on the books of such bank, or insurance or turnpike company, so far as the residence of such owner or owners may be known to said cashier, secretary or clerk, on the first Monday of October, annually ; and if any cashier, secretary or clerk, shall neglect or re- fuse to furnish such information, he shall forfeit and pay to the treasurer of each town where said TAXES. 43 stock is liable to be taxed, whose assessor or asses- sors shall not be so informed, the sum of fifty dol- Penalty for neg- lars, to be recovered in an action of debt in the lectorrefu sai- name of the town treasurer : Provided, that putting p roviao . a letter into the post-office containing such infor- mation, addressed to the assesessor or assessors of any town where such owner or owners reside, shall be deemed to be a compliance with the provisions of this section. SEC. 2. That if any owner or owners of any share or shares of the capital stock of any bank in this state, shall transfer such share or shares to any other person or persons, with the intent of evading the provisions of the act to which this is an addition, such owner or owners shall forefeit and pay to the Penalty for eva- treasurer of the town in which he, she or they sive transfer of *4tOf*K reside, a sum equal to one per cent, of the rateable value of the share or shares of stock so transferred, to be recovered in an action of debt on this statute, before any court proper to try the same. SEC. 3. So much of the act to which this is an Repeal, addition as is inconsistent with the provisions of this act is hereby repealed ; Provided, that this act shall not affect any penalty already incurred, or any suit or action now pending. Approved, June 3, 1843. CHAUNCEY F. CLEVELAND. CHAPTER XLII. An Act confirming the doings of the Assessors and Board of Relief, in certain cases Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened, That the Reviving an Act several provisions of the act passed in 1833 entitled of 18 f 3 ' a 5 ld r . II*. A i i > extending ita "An Act in addition to an Act entitled An Act provisions. providing for the collection of Taxes," be, and the 44 TAXES. same are hereby re-enacted and extended to all cases to which the same would be applicable, if said act were now for the first time enacted : Pro- vided, That no claim which is the subject of any suit or action now pending, shall be in any manner affected by the provisions of this act. i . j^ l __ . ( ft i . . Approved, Jane 2, 1843. CHAUNCEY F. CLEVELAND. CHAPTER XLIII. An Act in alteration of an Act entitled "An Act for the assessment of Taxes." SEC. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, That so much of the second section of the act of Repeal. which this is an alteration, as provides that the polls of all white male persons from twenty one to seventy years of age, shall be set in the list at twenty dollars each, be, and the same hereby is repealed. SEC. 2. That the polls of all white male per- i oils, how to be r L n set in the list, sons from twenty-one to seventy years of age, shall be set in the list at ten dollars each. Approved, June 7, 1843. CHAUNCEY F. CLEVELAND. TOWNS. CHAPTER XLIV. An Act to make valid the doings of a Town meet- ing therein named. Whereas, the town of Berlin, at the annual meet- Preamble, ing of said town, on the first Monday of October, A. D., 1842, did choose and appoint the usual number of selectmen for said town, for the year then next ensuing, viz: Edwin Barnes, Elijah Hart and Benjamin Wilcox, Esquires, and whereas the said Edwin Barnes has removed from said town, and it has pleased Providence to remove the said Benjamin Wilcox by death, leaving but one select- man for said town, to wit the said Elijah Hart, and whereas, at a meeting warned by the said Eli- jah Hart, then sole selectman for said town of Ber- lin, warned in all other respects according to the requirements of law, and holden at the usual place of holding said meetings in said town, on the 22d day of May, 1843, Samuel Hart, 2d, and Shubael Risley were chosen and appointed by a majority of the electors present at said meeting, selectmen to fill the said vacancies until the next annual meeting of said town, now, therefore, J3 r ; it enacted by (he Senate and House of Repre- sentatives in General Assembly convened : That none Doings of town- of the doings of the said meeting of the said town eetin | in ^er- of Berlin, so warned and holden at said Berlin on the 22d day of May, A. D. 1843, relative to the choosing and appointing said two selectmen, shall be deemed invalid because the said meeting was warned by one selectman, but such meeting, and all their doings, if in other respects regular and conformable to law, shall and are hereby declared to be valid, and the said selectmen duly chosen and appointed. Approved, June 6, 1S43. CHAUNCEY F. CLEVELAND. 46 TOWNS. CHAPTER XLV. An Act in addition to an Act entitled " An Act accepting the Deposite of a portion of the surplus Funds belonging to the United States, providing for the safe-keeping thereof, and appropriating the Interest accruing therefrom for the promo- tion of Education and other purposes." Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened, That the treasurers of the several towns in this state be, and they are hereby authorized, upon the receipt in full of the principal and interest of any loan of any part of the town deposite fund, with the assent of the managers of said fund for such town, to execute an Town Treasurers authorized to as- assignment oi any security held for such loan, and sign mortgage^ in convey to such assignee the legal title to the prem- ses> ises mortgaged to secure the payment of such loan. Approved, June '2, 1S43. CHAUNCEY F. CLEVELAND. PROPOSED AMENDMENT OF THE CONSTITUTION. 47 PROPOSED AMENDMENT OF THE CONSTITUTION. At a General Assembly of the State of Connect- icut, holden at Hartford on the first Wednesday of May, in the year of our Lord one thousand eight hundred and forty-three : Resolved, That the following be proposed as an amendment of the Constitution of this State, as a substitute for the second section of the sixth arti- cle of the Constitution, and of the amendments of said second section ; which proposed amendment when approved and adopted in the manner prescri- bed by the Constitution, shall be to all intents and purposes a part, thereof, to wit : Every white male citizen of the United States, who shall have attained the age of twenty-one years, who shall have resided in this state for the term of one year next preceding, and in the town in which he may offer himself to be admitted to the privileges of an elector, at least four months next preceding the time he may so offer himself, and shall sustain a good moral character, shall on his taking such oath as may be prescribed by law, be an elector. Resolved, The foregoing proposed amendment to the Constitution of this State be continued to the next session of the General Assembly to be held at New Haven on the first Wednesday of May next, and be published with the laws of this State passed at the present session. CHARLES W. BRADLEY, Clerk of the House of Representatives. THOMAS COWLES, Assistant Clerk. STATE OF CONNECTICUT, M . ) SECRETARY'S OFFICE, July 4th, 1843. ) I HEREBY CERTIFY, That I have compared the printed copy of the Acts contained in this pamphlet, with the original Acts, as engrossed and passed by the Legislature, and find the same to be correct. NOAH A. PHELPS, Secretary of State. INDEX. or INDEX to Acts passed at the October Special Session, 1842, see page the Laws of that session, published at the commencement of this pamphlet.] of A. Actions civil; act concerning -"' 8; Assessors and board of relief; confirm- ing the doings of - - - 43 Assesso/'s to be notified of taxable stock, by cashiers ; - - 42 Attachment foreign ; act extending process of - - - - 32 Auditors in matters of account; - 3 B. Banks; Exchange, ... 4 Windham County, ... 4 Cashiers of required to notify assessors; - - -42 and societies savings ; act relating to - - - - 5 Bank stock; fraudulent transfer of 43 Berlin, doings of a town meeting in confirmed ; - - - - 45 Bigamy committed in other states when punishable in this state ; 25 Bond of commissioners on Hous- atonic Railroad, - - .39 Bonds ; auditors may decide on accounts involved in - - 3 Bonds and deeds executed without seal ; act to confirm - - 26 Borough of Norwalk ; limits of - 6 doings of confirmed ; - - 8 Bozrah constituted a probate dis- trict; 22 C. City of Hartford ; common council to lay out streets, drains, &c. in 11 duties and powers of the mayor of 9 City of Middletown; addition to act incorporating - - - 16 duties, &c., of recorder, mayor and aldermen in - - - 17 City of New Haven ; act dividing into wards the - - - 13 election of officers in - 14 Commissions in recess; Governor empowered to grant military - 36 Communities; act relating to - - 18 Conservators of lunatics, &c., pro- visions of act concerning ex- tended; 23 Constitution; proposed amend't to 47 Conveyances made to or by trustees of Shakers effectual in law ; - 19 County Commissioners not disqual- ified by relationship to parties ; oath of, &c.; - - - - 21 Court County, conservators' ac- counts transferred from, to pro- bate courts; - - - -23 in Fairfield county ; time of holding 20 Court Superior in Fairfield county ; time of holding - - - 20 power of extended in granting divorces; - - - - 20 Courts; additions to and altera- tions of acts constituting and regulating - ... 20-24 discretionary powers of, in sen- tencing juvenile offenders ; - 26 Courts of Probate ; regulating proceedings in - 25 Crimes and Punishments ; addition to act concerning ... 25 alteration of former act - 2t D. Deeds and bonds without seal ; act to confirm - - - - 26 Deposile fund ; change of securities in town ----- 46 Divorces; power of superior court extended in granting - - 20 Drains, fyc. ; common council of Hartford authorized to lay out 10 E. East Is/me constituted a probate district; 22 Equity; act regulating proceed- ings in 28 50 INDEX. F. Fairfield county; time of holding courts in - - - - 20 i Fairfield ; number of jurymen allowed to the town of - - 34 Fences and common fields; acts con- cerning - 29,31 Fences; worm or crooked rail - 31 \ Fire limits in Hartford extended and defined; - - - - 12; Fisheries; act concerning - -31, Foreign Attachment; extending process of - - - - 32 Fraudulent concealment of property; 32 j transfer of bank stock; - - 43 O Grand Jurors, number and mode of appointing in Middletown ; - 18 number constituting a quorum of 35 | Guardians and Minors; act relating to 33 repealing part of act relating to 24 j H Hartford ; addition to act concern- ing streets and buildings in 10 duties and powers of the mayor of 9 fire limits extended and defined . in ... 12 Hous atonic Railroad Company; acts concerning - - 37, 39 authorized to sell forfeited stock ; 37 bond required ofcommissioners on 39 I. Injunctions on sale of personal estate; order on - - - -js J. Jncs; society privileges extended to 41 Jurors Grand; number, &c. - 18, 35 Jurymen; Acts relating to the number of ... 3^ 35 Juvenile offenders ; punishment of 26 L. Laws of the state, publication of in newspapers ; 40 M. Major Generals to hear and decide contested military elections ; 36 May or of Hartford; duties and pow- ers of - .9 of Middletown ; - " " 17 Mettwdist Societies, doings of made valid; ... - - 42 Middktown; in addition to an act incorporating the city of - 16 Military force ; in addition to and al- teration of sundry acts relating to 36 Military officer .chosen in recess- regulations concerning - - 36 KT. New Haven; act, to divide in to wards the city of - 13 election of city officers in - - 14 Newspapers; regulating the publica- tion of the laws in - - 40 Norwalk, limits of the borough of reduced; . _- - - 7 O. Oath of county commissioners; - 21 Ousalonic River; fishery in - 31 P. Penalty for illegal voting ; - - 27 Poll-tax how to be set in the list ; 44 Probate Courts; conservators' ac- counts to be settled by - - 23 doings of in certain cases, con- firmed ; - - - - - 24 guardians to render annual accotints to - - - - 33 Probate district of Bozrah constitu- ted; of East Lyme constituted; - 22 of Hartford ; Rocky Hill com- prised in ... 24 Probate notices, publication of where to be made ; - - - - 25 Publication of laws in newspapers ; - 40 R. Railroad Company; acts relating to Housatonic - - 37-39 Recorder of Middktown; duties and powers of - - - - 17 Rod;y Hill constituted a part of the probate district of Hartford ; 24 annexed to the first senatorial distrct; 27 number of jurymen allowed to 35 S. Savings Banks and Societies ; in- vestments and loans of - - 5 treasurers of to make statements ; 6 School Districts, real estate of, how to be divided in case'of separa- tion; 40 Secretary of State; relating to the duties of 40 Senatorial District; Rocky Hill constituted a part of the first - 27 Set off; defendant when entitled to a .... 3 Shakers in Enfield ; conveyances made to or by trustees of - 19 Society privileges extended to Jews ; 41 Superior Court; (See Courts.} T. Taxes; in addition to an act for assessment of - 42 INDEX. 51 Taxes; in alteration of act, &c., de 44 Town of Berlin ; confirming the doings of - 45 Toxn dcposite fund; change of securities in - - - -46 V. Voting; act to punish illegal - 27 W. Wards; dividing New Haven into 13 elections, how held in - - 14 Weslport ; number of jurymen al- lowed in ... - 14 Wethersfield ; number of jurymen allowed in - - - 35 1! It - PUBLIC ACTS, PASSED BY THE GENERAL ASSEMBLY OF THE STATE OF CONNECTICUT, MAY SESSION, 1844 PUBLISHED IN CONFORMITY WITH A RESOLUTION OF THE GENERAL ASSEMBLY, UNDER THE SUPERINTEN- DENCE OF THE SECRETARY OF STATE. STATE OF CONNECTICUT, ss. : OFFICE OF THE SECRETARY OF STATE, JUNE, 1644. NEW HAVEN : Printed by Babcock & Wildman, (Palladium Office.) MDCCCXLIV. PUBLIC- ACTS. CHAPTER I. An Act in addition to an Act entitled " An Act concerning Banks." SEC. 1 . Be it enacted by the Senate and House of Representatives in General Assembly convened, That in case any person or persons, on request of the bank commissioners, shall refuse to com- ply with any of the provisions of the twelfth section of the act to which this is an addition. , , , . , . , Bank Co the bank commissioners may apply to either sioners judge of the Superior Court or to the judge of j the County Court in the county in which such 0^^""";^ bank is located or has its banking-house, who in certain cases, shall thereupon cause such person to come be- fore him, and shall inquire into the facts set forth in such application, and may thereupon, for any sufficient reason shown to said judge, cause such Penalty for a re- person to be imprisoned in the common jail in with the provi said county, until he shall comply with the pro- j,"t io f the 12 * visions of said twelfth section of said Act : but it shall not be in the power of the bank commis- sioners, for any such refusal, to suspend the operation of any bank. SEC. 2. The bank commissioners shall not Pom , _ 111 / Commissioners- disclose the names ot the debtors 01 any monied not disclose corporation examined by them, nor impart any debtors 6 information obtained by them in the course of such examination, excepting so far as may be- come necessary in the performance of their duties. SEC. 3. All acts and parts of acts inconsistent Repealing act* with the provisions of this Act, shall be, and the ^e r "wuh nt same are hereby repealed. Approved, June 6, 1844. BANKS. CHAPTER II. An Act in addition to and alteration of an Act to Incorporate the Fair-field County Bank. SEC. 1 . Be it enacted by the Senate and House of Representatives in General Assembly convened, Abolishing the That the tenth and eleventh sections of said Act, BranciiBank. j^ an( j fa e same are hereby repealed, and the Branch of said Bank is abolished. SEC. 2. That the stockholders of the Danbury Bank, their successors and assigns, shall be and remain a corporation and body politic, by the D^nbl^Bank. nan *6 of The President, Directors and Company of the Danbury Bank, to be located in and to transact their business at Danbury, in Fairfield county; and by that name shall be and herby are made capable to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended in all courts ; and the said corporation and the officers and stockholders thereof shall have the same powers, rights and privileges conferred on said Fairfield County Bank by said Act to which this is in addition, which are not inconsistent with the laws of this state, and shall be subject to the same restric- tions, limitations and duties as are imposed by said Act, excepting as is herein otherwise provi- ded for. SEC. 3. That the capital stock of said Danbury wheL ltal aBd C b 1 Bank sna ll consist of one moiety of the capital whom distribu- stock of said Fairfield County Bank, and the same shall be divided, assigned and distributed to said Danbury Bank, on or before the first Mon- day of July next, by one of the bank commission- ers of this state and two disinterested persons to be selected by the directors of said banks. The residue of the stock of the said Fairfield County Bank shall be and remain the stock of the Fair- field County Bank ; and the proprieters of shares so to be assigned shall be the stockholders of said Danbury Bank. The affairs of said Danbury Bank shall be managed by not more than seven nor less than five directors, to be chosen by the BANKS. stockholders in general meeting, not less than four of whom shall be residents in said Danbury ; and the first meeting of the stockholders for the choice of directors shall be holden at the banking- house, in Danbury, on the first Monday of July Directors, when next. The directors chosen at said meeting shall chosen. continue in office until the second Tuesday of June, 1845, and the annual meetings of the stock- holders shall ever after be holden on the second Tuesday of June, in each year, and notice thereof shall be published in a newspaper printed in Danbury, or elsewhere in the county of Fair- field, and in such other manner as the directors may order. SEC. 4. All the estate, property, rights of property, moneys and assets whatsoever, belong- ing to the Fairfield County Bank, on the first Fairfieid coun- Monday of July next, shall be equally divided {L^eofwh^n'fo between said two banks : the one moiety thereof be divided - to the Fairfield County Bank, and the other moiety to said Danbury' Bank, by the directors of said two banks ; and in case said directors cannot agree in making such division, then the same shall be made by one of the bank commis- sioners of this state, and two disinterested persons to be selected by said directors. SEC. 5. All the bills, notes, demands and liabilities whatsoever of the Fairfield County Bank, owing or outstanding on said first Monday of July next, shall thereafter be paid on demand, Bills > no ts, &c. /i f -j i- i L ^1 i f j when and where by either ot said banks, at their place of doing paid, business, where the same shall be presented for payment : and said banks are hereby made joint- ly and severally liable in any proper action for the recovery of such demands ; and when so paid, the same shall not be put in circulation or re-is- sued upon any pretence whatever, but the same shall be cancelled or destroyed by the two boards of directors; and said banks shall respectively account each with the other of them, relative to and of and concerning all payments to be made by either of them, in pursuance of the provisions hereof; and in thus accounting, each of them shall be liable for one half of all payments so made. This act shall take effect on the first Monday of July next. BANKS. SEC. 6. This Act, and every part thereof may Act revocable, at anv t j me fo e altered, amended or repealed by the General Assembly. Approved, May 31, 1844. CHAPTER III. An Act in alteration of an Act incorporating the Whaling Bank. Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened, That any Amount of person may hold of the capital stock of the Whal- stock which may ing Bank actually paid in, an amount not exceed- ing ten thousand dollars ; and so much of the third section of an Act incorporating the Whaling Repealing a Bank as limits the amount which any person may X.ct l 'of incorpo hold to five thousand dollars, be, and the same is hereby repealed. Approved, June 7, 1844. CHAPTER IV. .b An act concerning Banks, Be it enacted by the Senate and House of Representatives in General Assembly convened, Repealing the That so much of the fourth section of an Act prohibition of . .., , .. . , ,. . Act of 1842, re- entitled " An Act in addition to and m alteration C 8 Cy of sundry Acts relating to Banks" passed May proxy. session, 1842, as provides that the stock in the banks of this state shall not be voted on by proxy, be, and the same is hereby repealed. Approved June 6, 1844. CITIES. CHAPTER V. An Act to repeal an Act entitled " An Act to Divide the City of New Haven into Wards for the Election of Officers." Be it endcted by the Senate and House of Repre- sentatives in General Assembly convened, That the Act entitled " An Act to Divide the City of New Haven into Wards, for the Election of Officers,'* passed at the session of the General Assembly in Act of ists May, 1843, be, and the same is hereby repealed. pe This Act shall take effect from the day of its passage. Approved, May 9, 1844 CHAPTER VI. An Act relative to the City of New Haveri; SEC. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, That from and after the first day of September, A. D. 1844, the fire limits of said city shall include all the land within the following boundary, and also a strip of land one hundred and fifty feet wide, without and beyond said boundary, in all its parts, including the corners in the various angles of the same, to wit : beginning near the residence of the late Gilbert Totten, at the north Fi ru fS tnrou ^ out tne ^ re ^ m ^ s herein established, ex- herem establish- cepting that portion of said fire limits specially excepted by " An Act in addition to an Act to secure the city of New Haven from Fire," approv- ed May 25, 1839. SEC. 3. From and after the first day of July, 1844, no building situated within the fire limits of said city shall be used or occupied for either of the following purposes, viz : coach, carriage or waggon-maker's shop, joiner's or carpenter's shop, sash or blind factory, clock-maker's shop Common Coun- t> i 1,1 i if cii may permit or tactory, cabinet makers shop, chair makers use'd'fo 8 * certain sn P blacksmith's shop, brass or iron foundry, specified P ur P o- bakery, pottery, for planing, sawing or turning by machinery, tallow chandler's or soap-boiler's shop, without permission first obtained from the common council of said city, unless such building shall have been used for the same purpose before said first day of July, 1844. And each and every person who shall violate either of the provisions of this section, shall forfeit and pay to the treasur- er of said city, a penalty not less than one hundred dollars nor more than one thousand dollars, ac- cording to the nature and aggravation of the offence. SEC. 4. No building shall hereafter be erected bi Erectwn of within the fire limits of said city which shall be * in any way attached to or connected with (either CITIES. by doorway, platform, shed or otherwise) any other building having therein a chimney, fireplace or stove, unless the outer walls of such first named building shall be composed entirely of brick and mortar or stone and mortar. And each and every person who shall violate either of the provisions of this section, shall forfeit and pay to the treasurer of said city a penalty not less than one hundred dollars nor more than one thousand dollars, according to the nature and aggravation of the offence. SEC. 5. The Court of Common Council of said common coun- city may authorize the alteration by taking down, cil ma y author- u -ij- u A u u- ^u / lze the removal rebuilding or changing the cnimmes therein, (or of any building, in such other way as they may deem proper,) of &c ' any building in said city, and may also authorize the removal of any building within said city to such place as they shall designate. And each and every person who shall remove any building through any street in said city, or who shall pro- cure or cause such removal, or shall aid or assist therein, without permission first obtained from said common council, shall severally forfeit and pay to the treasurer of said city a penalty not less than twenty dollars, nor more than one hun- dred dollars, and also a further penalty of ten dollars for everyday he or they shall permit such building to remain in any street in said city, without license, as aforesaid. SEC. 6. Whenever the number of common councilmen of said city shall exceed twelve, the Court of Common Council thereof, at their first Number to con- meeting after each annual city meeting, may de- sututea( i uc > n " n - termine the number of members (not less than seven) which shall constitute a quorum for the transaction of business. SEC. 7. Whenever the proprietor or proprie- tors of any premises in said city shall neglect to raise, level and grade, or to pave or flag any sidewalk, in such manner and within such time as the common council of said city shall pre- Maye ' mployper . scribe, the said common council may employ | ons to J" avc ,. or J r J flag sidewalks, some person or persons to do the same, and may &c., and assess ascertain and adjust the expense and assess the ei same to such proprietor or proprietors. The col- lector of taxes for said city shall have full power 10 CITIES to collect the assessments thus made, from the proprietors respectively, to be paid within the time limited by said common council, in the same manner as is by law prescribed for the collection of taxes of this state. All amounts thus assessed, and also all sums apportioned and assessed by said common council, to any proprietor or pro- Amount assess- prietors for building any gutter in front of any ed, a lien upon r . . ., ., G i 11 i v ,. i* the premises, premises in said city, shall be a lien respectively upon the premises upon or in front of which such gutter or pavement may be situated. The mayor or one of the aldermen of said city shall issue his warrant directed to said collector, set- ting forth the name or names of the person or warrant to is- persons against whom such assessment may be made, either for pavement or gutter, and the amount assessed to each ; directing said collector to collect such assessments respectively, from the goods and chattels of such person or persons, and for want thereof, from the sale of said premi- ses upon which such assessments may be a lien, as aforesaid, and the title thus conveyed by said collector shall be good and valid in law. SEC. 8. The mayor and aldermen of said city Hacks, &c. li- shall constitute a board for the licensing and reg- ulating of hacks, carriages and other vehicles for the conveyance of passengers, for hire, in said city, and also for the drivers thereof; and the regulations of said board, not inconsistent with the laws of this state, when recorded upon the records of the common council of said city by the city clerk, (who shall be the clerk of said board,) and published once or more in each of two suc- cessive weeks, in a newspaper printed in said city, shall have the force of laws of this state ; and such regulations and the said publication thereof may by proved in all courts by a copy, certified by said clerk, of said record, and of the certificate of such publication entered by said clerk on said record. Each and every owner or driver of any hack, carriage, or other vehicle used for the conveyance of passengers for hire in said city, without such license, and each and every person who shall violate any provision of any regulation so made, recorded and published as aforesaid, shall severally forfeit and pay to CITIES. 11 the treasurer of said city a penalty of twenty dollars. SEC. 9. This Act shall not take effect until . j. -i .. /> > j -A i Act when to take approved in a legal meeting of said city, the effect, warning for which shall specify such purpose ; and each section shall be acted upon separately and shall be in force or not, as the same may be approved or rejected by such meeting, and shall take effect as soon as thus approved, or such parts thereof as shall be thus approved. Approved, June 4, 1844. CHAPTER VII. An Act in addition to and in alteration and amendment of the Charter and of the several Acts in relation to the City of Hartford. Be it enacted by the Senate and House of Representatives in General Assembly convened, That the Court of Common Council of the city of Hartford shall have power to make by-laws jj n to b ^ e g c relative to the regulation of public hacks and coaches in said city, in the same manner and un- der the same restrictions and limitations as by the charter of said city the by-laws specified therein are authorized to be made. Approved, June 6, 1 844. 12 CITIES. CHAPTER VIII. An Act in addition to and alteration of an Act entitled " An Act altering the limits of the City of Bridgeport." Whereas, in pursuance of the second section of the Preamble. Act aforesaid, the County Court for the coun- ty of F airfield, at the term of said court held at Danbury, on the second Tuesday of August, 1 839, on the application of the common council of the city of Bridgeport, liquidated and ascer- tained the sum to be paid by the inhabitants residing in the part of said city set off by the Act aforesaid, to which this is in addition, as their proportion of the liabilities of said city ; and whereas, the selectmen of the town of Bridgeport have omitted to assess the sums to be paid by said inhabitants upon their polls and rateable estate, according to the provisions of the Act aforesaid ; and whereas, doubts have arisen in consequence of said omission whether the provisions of said Act setting off said part can now be carried into full effect : SEC. 1. B? it enacted by the Senate and House of Representatives in General Assembly convened, That whenever the mayor, aldermen, common council and freemen of the city of Bridgeport shall lay a tax according to the provisions of the by-laws of said city, to pay any portion of the liabilities of said city which were liquidated by the County Court as aforesaid, it shall be the duty of the selectmen of the town of Bridgeport, for the time being, or a majority of them, within select men 10 thirty days after the laying of such tax, to assess Sent ' s ' upon the polls and rateable estate of the inhabi- tants residing in the part set off from said city as aforesaid, according to the assessment list of said town last perfected, before such assessment shall be made, a sum bearing the same proportion to the amount of said tax as the amount of the lia- bilities (which, according to the decision of said court, it was the duty of the inhabitants of the COURTS. 13 part so set off to pay) bears to the remaining portion of the liabilities aforesaid. And so from time to time, when said city of Bridgeport shall have laid taxes for the purpose aforesaid, it shall be the duty of the selectmen of said town, for the time being, to make assessments as aforesaid, until the whole of said liabilities, with the inter- est, shall have been provided for. SEC. 2. That it shall be the duty of said se- lectmen, or a majority of them, to make out rate- ^^ t e "at^ bills of the assessments aforesaid, under their bills > and , , cau . se . a warrant to be hand, and cause a warrant to be issued tor the issued, &c. collection thereof, signed by a justice of the peace and directed to the collector for the time being, of the city of Bridgeport, who shall proceed with and collect the same, and pay the amount so col- lected over to the treasurer of said city, in the same manner as though said tax had been laid by said city. SEC. 3. That so much of the Act aforesaid, to i. i .r . jj-.- . ! Act inconsistent which this is in addition, as is inconsistent with herewith, re- the provisions of this Act, be, and the same is P ealed - hereby repealed. Approved, June 7, 1844. CHAPTER IX. An Act in addition to an Act entitled " An Act for the regulation of Civil Actions." Be it enacted by the Senate and House of Representatives in General Assembly convened, That no justice of the peace shall have jurisdic- Justices of the tion of any civil action in which he shall have quaMe drawn the writ or declaration himself : Provided, That this Act shall not be in force until the first Proviso - day of September, 1844, and shall not affect any suit then pending. Approved, June 6, 1844, act 8 " 14 COU RTS. CHAPTER X. An Act concerning Courts. SEC. 1 . Be it enacted by the Senate and House of Representatives in General Assembly convened, That whenever any judge of a County Court Appealable ca- shall be legally disqualified to act as judge in *d 8 tol3uperio*r any action pending before said court, which is XgeV^wnty a PP ea lable, either party shall have power to Courtis disquai- remove said cause to the next Superior Court in the county, upon giving bond with surety to the adverse party, to prosecute such removal to effect ; and the party so removing said cause shall enter the same in the Superior Court in the same manner as is by law provided in case of appeals : and such Superior Court shall have power to proceed to final judgment in said cause, in the same manner as if said cause had been brought there by appeal. SEO. 2. Whenever any judge of a County Court shall be legally disqualified to act as judge If objections on . ,/ ,_*,, , . ., *, , account of the in any matter pending before him, provided the bSved'byThe P artie s or their attornies shall file a written pa>eMhe judge Agreement to waive all objections to his acting in such matter, such judge may thereupon pro- ceed to hear and try the same. SEC, 3. If such judge shall not act in such matter under the provisions of the preceding Or nominate a ,. . -, **% justice of the section, or if he shall decline to try any matter n7s a st e ead *" in pending before him, by reason of his having been counsel therein, or for other sufficient reason, the same may be heard and tried before any justice of the peace for the county wherein such court Proviso. * s held* to be named by such judge : Provided, the parties or their attornies shall file their writ- ten consent that such justice may so act. SEC. 4. In all the cases mentioned in the two Provisional hear- P rece dmg sections of this Act, if any matter shall ing and decision not be heard and decided under the provisions by county com- , i /, ^, in-i-i i i i i i i. . thereof, the same shall be heard and decided by one of the county commissioners for said county, to be notified by the clerk of the court. COURTS. 15 SEC. 5. All acts and parts of acts inconsis- ^ontulent act * tent herewith, are hereby repealed. herewith. Approved, June 6, 1844. CHAPTER XI. An Act in addition to an Act entitled " An Act in addition to and alteration of an Act for the Settlement of Estates, testate, intestate and insolvent," approved May 31, 1838; and also in addition to an Act entitled " An Act in addi- tion to an Act entitled ' An Act in addition to an Act against Fraudulent Conveyances,'" approved May 28, 1841. Be it enacted by the Senate and House of Rep- resentatives in General Assembly convened, That in all cases of appeal to the Superior Court, ac- cording to the provisions of said acts, from the fuufon^ed toa doings of commissioners on any insolvent estate J?ertain U case r s S If or estate assigned for the benefit of creditors, if appeal from com- the claim or demand be for debt on book, the' court before which the same shall be pending shall have power to appoint not more than three able, judicious and disinterested men, to audit and adjust the said accounts, who shall have the same power, and be sworn and proceed in the . ,. , r . v i Auditors to be same manner as auditors in the action of book sworn, fcc. debt ; and their award being returned into court, the appropriate judgment shall be rendered in pursuance thereof. Approved, June 6, 1844, 16 COURTS. CHAPTER XII. An Act in addition to and alteration of an Act regulating Proceedings in Equity. SEC. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, Granting power 'That whenever, upon any petition returnable to to judge" of Su- , , c, . f*i i 11 perior Court to the Superior Court, & temporary injunction shall dissolve iiyunc- ^^ haye been granted b y a j udge Q f the County Court, the defendant in such case may prefer his petition to dissolve the same to either judge of the Superior Court, as well as to the judge by whom such injunction shall have been granted ; and the judge of the Superior Court to whom such petition shall be preferred shall have the same power and authority to dissolve such injunction, as though the same had been originally granted by him. SEC. 2. When any temporary injunction shall when and to ^ ave been granted by any judge of the Superior whom paid pow- Court, and by reason of sickness or any other ermaybe trans- - A -L n ^ i. 4. / i: j ferred cause it shall not be convenient tor such judge to hear and decide upon an application to dissolve the same, such judge, or in case of his absence or disability, the chief judge of the Supreme Court of Errors may order and direct that the same shall be heard and determined by some other judge of said court, and thereupon the judge so designated and appointed shall have the same power and authority in the premises, as though said injunction had been originally granted by him. SEC. 3. The costs of an application to dissolve f anv injunction may taxed and allowed at their discretion, by the court, whenever a final decree shall be made in such case. Approved, May 31, 1844. COURTS. 17 CHAPTER XIII. An Act relating to the Partition of Real Estate. SEC. 1. Bi it enacted by the Senate and House of R ipresentatives in General Assembly convened, That in all proceedings in partition, cognizable by the Superior or County Courts, either at law or in equity, whenever in the opinion of such court the interests of all in the common estate will be best promoted by a sale of such estate Extending power and division of the moneys arising from such sale eou S n U t? en courts among the parties in interest, such court shall ' e n stat Pg rtition of have power to order such sale and make such di- vision, and to appoint and empower some judi- cious person or persons to make sale thereof, at such time and in such manner as such court shall prescribe, and to make, prescribe and enforce all other orders and decrees proper and necessary to effect such sale and division, and protect the rights of all the parties in interest. SEC. 2. The moneys arising from such sale Moneys arising shall be divided among the parties interested in [oTe e ftvided how the subject matter of such proceedings, in pro- portion to their respective interests therein ; and such court shall have power to make and enforce all such orders and decrees as it shall deem ne- cessary to protect the rights of all such parties. Provided, that the provisions of this Act shall Proviso, not apply to any such proceedings now pending in court, unless, in the opinion of such court, the, interest of all such parties will thereby be pro- moted. Approved, June 6, 1844. 18 ELECTIONS. CHAPTER XIV. An Act to repeal an Act entitled " An Act relative to Students at Literary Institutions." Be it enacted by the Senate and House of Rep- resentatives in General Assembly convened, That the Act entitled " An Act relative to Students at Act of 1842 re- Literary Institutions," passed at the May Session of the General Assembly, 1842, be, and the same is hereby repealed. Approved, May 20, 1844. CHAPTER XV. An Act regulating the Time of holding Electors' Meeting for the choice of Presidential Electors. SEC. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, That in case of a passage of an act of Congress, providing for a uniform day for tfte choice of contingent act of presidential electors in each of the United States, the meetings of the electors of this state for the choice of presidential electors, now required by law to be held on the first Monday of November, 1844, shall be held on the day provided in such law of Congress ; and all existing provisions of law now applicable to said first Monday of No- vember, shall be in force and be understood to apply to said day so designated in said Act of Congress. SEC. 2. Be it further enacted, That it shall be the duty of the Governor of this state, immedi- Goveroor to ately upon the fact being made known to him ake proclama- f x iL -i i. * j 4*1 on, designating ot tne passage and enacting of such law 01 Lon- grass, to make public proclamation of the same, and to declare to the people of this state in such ELECTIONS. 19 proclamation, the day designated and established by such law of Congress for the choice of presi- dential electors ; and upon the issuing of such proclamation, the day by law established for the choice of such electors shall be taken and understood to be the day declared in such proc- lamation ; any law to the contrary notwithstand- ing. Approved, June 6, 1844. CHAPTER XVI. An Act regulating Special Electors' Meetings for the choice of Representatives in the Con- gress of the United States. SEC. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, That the warnings for meetings of the electors of this state, to fill any vacancy in the represen- tation of the people of this state in the Congress of the United States, shall be given at least w ^f en fourteen days previous to the day of such elec- tion. SEC. 2. The board of registration of the sev- eral towns in this state shall meet in their respective towns at such convenient place as they may appoint, on the Monday of the week preceding the week on which the meetings spec- ified in the preceding section of this Act are to be Board of r i i i i ,1 j . tration ; time of holden, having given at least two days previous meeting-notice notice thereof, by posting the same on the sign- sLslon^nK posts in their respective towns. And said board J urnments - may adjourn from time to time, but shall be in session, if necessary, on the Saturday next pre- ceding said electors' meeting, from ten o'clock, A. M. to two o'clock, P. M., and longer, if neces- sary for the proper discharge of their duties. SEC. 3. Said board shall be organized and Board how or . sworn in the manner provided in the Act entitled P"fci. " An Act to provide for the Registration of the 20 ELECTIONS. Names of the Electors of this State"; they shall ? with n res p P eTt have before them a copy of the list of electors to list of elector.^ qualified to vote in said town, and which was used at the next preceding electors' meeting in said town, and shall, during said week, have the same power to correct and revise said list, and to examine and decide upon all applications to be admitted an elector, and to administer the oath to those so found to be qualified, as they now by law have during the week next prece- ding the first Monday of April in each year. SEC. 4. At all times during the week prece- When not in ses- ding such congressional election, while the board sion, list to be are no t in session, said list, as altered by them, clerk. shall be left in the office of the town clerk for public inspection. SEC. 5. Said board shall hold a session on the day of such congressional election at the place where such election is held, and before Kectirs to be the opening of the electors' meeting, for the ute n r"d d on dr ti purpose of admitting and registering as electors day of election, those applicants legally qualified to be so admit- Who shall be * e d 5 but no person whose name has been refused refused. registration at any former meeting of the board authorized by this Act, shall be permitted to make application for the registration of his name at said session. implicate lists, SEC. 6. Duplicate copies of said corrected wTan^SLed list sna11 be mad e authenticated by the signa- f tures of said board, or a majority of them one of which shall, on the Saturday next preceding the day of said congressional election, be lodged in the office of the town clerk, for public inspec- tion, and the other shall, before the opening of the polls on the day of said meeting, be delivered fe r qu!red g to ffi con r . to ^ e P res iding officer thereof, who shall conform form thereto, thereto in receiving the votes of the electors at such meeting, (except so far as the same may be altered in the manner hereinafter prescribed,) and he shall receive the votes of all persons whose names are on said list, and he shall not receive the votes of any person whose names are not on Names of voters said lists. And the names of the electors voting to be checked. i n i_ i * shall be checked in the manner prescribed in the Act entitled " An Act to provide for the Registra- tion of the Names of the Electors of this State"; ELECTIONS. 21 and said list and checks thereon shall be preserv- ^ved be pr * ed in the manner specified in said Act. And said board shall be in session during the time of vo- ting, for the purposes only which are specified in the proviso to the 14th section of said Act. SEC. 7. Said board, while in session under the provisions of this Act, shall examine wit- Board to exam . nesses and applicants under oath, if they shall in * under oath, . j -i . ' ., J when required. thereto be required by any elector of said town ; and any person so examined who shall be guilty of wilful false swearing, upon conviction thereof, shall suffer the punishment prescribed by law for the crime of perjury. SEC. 8. All offences against the provisions of Breaeh of Act this Act shall be punished in the manner provi- how punishable. ded for the like offences in the Act entitled " An Act to provide for the Registration of the Names of the Electors of this State." SEC. 9. All acts and parts of acts relating to Repealing ac election and the admission of electors and incon- n Trewuh? nt sistent herewith, are hereby repealed. Approved, June 6, 1844. CHAPTER XVII. An Act in addition to an Act entitled " An Act to regulate the Election of Senators and to divide this State into Districts for that purpose." Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened, That the Naugatucktobe- town of Naugatuck, in the county of New Haven, senatorial 6 DV- shall be and remain a part of the Fifth Senato- trict rial District. Approved, June 4, 1844. 22 ELECTIONS. CHAPTER XVIII. An Act to provide for the Registration of the Names of the Electors of this State. SEC. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, who to consti- That the selectmen and town clerk in every town tute the board, in tllis gtate ^n constitute a board to make registration of the names of the electors in such town, and to ascertain and determine who are entitled to vote therein for all the officers to be elected on the first Monday in April, annually, register names an d a ^ so ^ a ^ wno are entitled to vote at the and Determine nex t and each successive election of electors of & c .- Name v of President and Vice President of the United States ; and said board shall be called the Board of Registration. SEC. 2. The town clerk shall officiate as clerk of said board, and in case of his absence, said board may appoint any other person clerk there- of, who shall be sworn to a faithful discharge of M h cie?kff ci the duty ; and the members of the board, before they anTBoTrd^'U ent er upon the duties herein prescribed, shall sworn form of take the following oath : You each of you sol- emnly swear [or affirm, as the case may be] that you will faithfully, impartially and according to your best judgment, perform the duties of a mem- ber of the Board of Registration, for the current year, in conformity with the laws of this state : so help you God. SEC. 3. It shall be the duty of the board in each town, in the month of March, annually, by diligent inquiry, to ascertain the names of all the Duty of the electors in such town who are legally qualified to vote for a11 tne officers to be chosen at the to h imke V0 i ter8 ~f nex ^ s ^ate election, and also of those who are names-wh'ere entitled to vote only for a portion of them ; and Lmfho^ a b u"hen- they shall complete separate alphabetical lists of such names, and lodge the same, authenticated by the signatures of the members of said board, or a majority of them, in the office of the town clerk, for public inspection, on or before the third Monday of the same month. ELECTIONS. 23 SEC. 4. In order to ascertain who are legally Board when to entitled to vote at the election of electors OfJ^SdSSS President and Vice President of the United v j ee . President , , , .. of the United otates, at the next and at each succeeding elec- states, to make tion of such electors, said board shall in the cater^ndTod'-e month of October next preceding any such elec- cllri?? e offi^ef B tion, proceed as before named, to make out an alphabetical list of all the electors who are enti- tled to vote at such elections ; which list shall be authenticated in the manner named in the prece- ding section, and lodged in the office of the town clerk, on or before the third Monday of the same month. SEC. 5. True copies of said lists, attested by Copies of list of ,1 i i , .j r j i 11 i_ / . i Electors, when the clerk ot the board, shall, on or before said and where post- third Monday of March and said third Monday ed- of October, be posted up in such places as the inhabitants of the town at any lawful meeting may direct ; and in case of failure to designate such places, the board shall cause copies of such lists to be posted upon three or more public places, in their respective towns. SEC. 6. It shall be the duty of the board in each town to meet at such convenient place as they may appoint, on the last Monday in March, annually, and on the Monday of the week next preceding any election of electors of President and Vice President, at ten o'clock, A. M. on said days, to correct and revise such lists ; and they shall remain in session for that purpose and for i . 'ii -ii i i Board of Regis* the purpose hereinafter prescribed, till 5 o clock, tration, when and P. M. of the said days, with the liberty of any ne- 7ev?M ItetTtc.- cessary recess during said time ; and said board t % o ho sa TYo I S may adjourn from time to time, but shall, if ne- &c - cessary, be in session on the Saturday next prece- ding the day of any of the elections aforesaid, from ten o'clock, A. M. till two o'clock, P. M. and longer, if necessary to perfect such list, and to examine and decide upon all applications to be admitted to the privilege of an elector, and to administer the oath by law provided to those so found to be qualified. Any person claiming to be an elector in such town shall have a right to ap- ply to said board for the registration of his name, and also for that of any other person or persons omitted in the registry, and may also object to 24 ELECTIONS. the registration of the name of any person, (either inserted by the board or proposed to be inserted) on the ground that such person is not legally entitled to vote in said town. Said board shall make such erasures from and such additions to the lists as they shall find to be necessary to render the same a complete and perfect registry of the electors of such town, entitled to vote at those elections ; which lists shall also be authen- ticated as aforesaid. Provided, that the name of no person shall be erased from the lists, till he shall have had a fair opportunity to be heard thereon. SEC. 7. The board shall give notice of the time and place of holding their sessions to correct and revise the registry lists upon the lists posted Jivl notice ofUp, as before directed, and by advertising the r^fse n< th P e ac ns same m one or more newspapers, if any are & c .-what nc- published in the same town. And in addition to hofci iusfsrion on the sessions of the board before named, they shall tfon f-Vh^re! " no ^ a session on the day of election, before the to h be r^tered* P enm g f tne electors' meeting, and at the place ' where said meeting is held ; which said session shall be for the purpose of admitting and regis- tering as electors of such towns, those applicants only, legally qualified to be so admitted, who shall have attained the age of twenty-one years, or shall have become qualified by virtue of a residence in the town, since the last meeting of the board. SEC. 8. Duplicate copies of said corrected lists shall be made, one of which shall, on the Duplicate copies c, , , . , where lodged oaturday next preceding any day ot election as o? ^sidi^o 1 ^ aforesaid, be lodged in the office of the town clerk cf e r c S to"r n 8 aH1 t e o S bl^ OT P u ^ lic inspection ; and the other shall, before checked and by the opening of the polls on the respective days whom. v -i *s ! i i IT .1 J 01 election, as aforesaid, be delivered to the pre- siding officer of such electors' meetings, who shall conform thereto in receiving the votes for all officers to be elected at said meetings, except so far as the same may be altered in the manner in this Act prescribed. And said presiding offi- cer shall receive the votes of all persons whose names are on said lists of voters, as certified by said board, and he shall not receive the vote of any person whose name is not on said lists. The ELECTIONS. 25 name of each elector, at the time of voting, shall be checked by the town clerk or one of the se- lectmen, or by one or more persons appointed by them. SEC. 9. The original official list of voters, as The listof nameg made out by the board, and the list or lists used . use ,? at elections . i i f i .11 i to be lodged in on the day 01 election, with the marks or checks Towncierk-sor upon the same, shall, by the presiding officer of ? y ce four m nou?s said meeting, within twenty-four hours after the j ? ft u e r r nm ent? &t. final adjournment of the same, be lodged in the office of the town clerk, where the same shall be kept on file and carefully preserved. SEC. 10. If any member of the Board of Reg- Penalty on offi . istration, or if any presiding officer of an elec- cers refusing to tors' meeting, or if any clerk appointed to per- penaXyW fraud form the service specified in this Act, shall, w ith- insaidofflces ' &c - out just or reasonable cause refuse or neglect to discharge any of the duties herein prescribed, he shall, on conviction, be subject to a fine of two hundred dollars, payable to the treasury of the county in which said officer resides ; and if said member, presiding officer or clerk shall be guilty of fraud in performing said duties, he shall be subject to a fine of five hundred dollars, payable to the treasury of this state, or to imprisonment in the county jail for a term of time not exceed- ing six months, or to such fine and imprisonment both, at the discretion of the court having cog- nizance of the same. SEC. 11. If any person shall wilfully give a Penal for glr . false name or any false answer to the Board of ing a false name n A i- i. i- i- 11 f c -j. ^i or answer to the Registration, when in session, he shall forfeit the board, & c ., sum of fifty dollars, to be paid into the treasury of the state ; and if any person whose name is not on the registry list, shall vote or attempt to vote at either of the elections named in this Act, penalty for on the assumed name of any other person, whose n name is on said list, he shall, on conviction, be subject to a fine of one hundred dollars, payable to the treasury of this state, and to one year's im- prisonment in the county jail. SEC. 12. The selectmen and town clerk of-, , i i - f i nut y f Select- the several towns in this state, in lieu 01 the time men and Town now by law provided for that purpose, shall meet at the place of holding electors' meetings, or at such other place as shall be designated by said 4 26 ELECTIONS, towns or the selectmen thereof, on the last Mon- day of March, annually, and on Monday of the week next preceding any election of the Electors of President and Vice President of the United States, at nine o'clock, A. M. of said days, for the purpose of examining and deciding upon all ap- plications to be admitted to the privileges of an elector, and shall continue in session for that pur- pose, and for the purpose hereinafter prescribed, till five o'clock, P. M. of said days, if so long a time be necessary, and may adjourn said meet- ings from time to time : Provided, that no person shall be admitted an elector on any day of elec- tion, except such as shall have attained the age of twenty-one years, or shall have become quali- fied by virtue of a residence in the town, since the last meeting of the board. SEC. 13. The board for the admission of elec- amine applicants tors, may, at their discretion, and shall, at the in- SndMoSth 8 " * stance of any person an elector in the town where iwr t fn/ r falSC tne board may sit, examine applicants for said privilege, and witnesses under oath ; and if any person shall, in giving his testimony before such board, be guilty of wilful false swearing, such person shall, upon conviction thereof, suffer the punishment prescribed by law for the crime of perjury. SEC. 14. Every legally qualified elector of any town in this state, and a bonafide resident therein, shall be authorized to vote in any other town in the state, for Governor, Lieutenant Governor, Secretary, Treasurer, Comptroller and Electors of President and Vice President of the United States ; and any such elector who may lawfully vote for Where electors Representatives, in any town in the congressional what^cTr's' district in which he resides, or who shall have re- quaiifications 'of sided for the period of four months next preceding electors to vote, . i . , ,. . , ,, , , ,& c . m such congressional district, shall be authorized to vote in any town in the congressional district in which he resides, at any election for a Member of Congress, in said district ; and any such elec- tor who may lawfully vote for Representatives, in any town in the county in which he resides, or who shall have resided in such county for the pe- riod of four months next preceding, shall be au- thorized to vote in .any town in the county in ELECTIONS. 27 which he resides, at any election for Sheriff for said county : Provided, if such elector offers his vote in any other town than the one in which he may lawfully vote for Representatives, he shall produce a certificate from the town clerk of the town in which he shall have been admitted an elector, of such his admission. And said town clerk and selectmen, in addition to the sessions prescribed by this Act, shall be in session during the time of voting, for the purpose of registering the names of such legally qualified electors only as reside in other towns than the one in which they offer to vote ; and the certificates required by law to be produced by such electors, shall be placed in the possession of the town clerk who shall preserve the same. And said Board of Reg- istration shall also be in session during the time of voting, for the purpose of registering the names of such persons only as are electors resident in said town, entitled to vote for Representatives therein, and who have theretofore been admitted or registered as electors of said town, and have been omitted on said list by mistake ; but no person whose name has been refused registration at any former meeting of the board shall be per- mitted to make application for the registration of Penalty for Vo . his name during said time of voting. And if any tin in more than , . , i it ,i_ one town on the person being an elector shall vote in more than same day, &, one town on the same day for Representatives or Senator, or for either of the officers named in this section, he shall, on conviction thereof, suffer imprisonment in the county jail for the term of one year, and be subject to a fine of fifty dollars, payable to the treasury of this state. SEC. 1 5. Whenever an adjourned meeting of the electors of any town shall be held for a choice of a Representative or Representatives to the General Assembly, said Board of Registration shall also, at the place where said meeting is held, hold a session on the day of election, pre- vious to the opening of the meeting ; which said session shall be only for the purpose of register- Adjourned Meet- ing the names of such electors as shall have be- 'S^ol^'^ieg- come qualified to vote for Representative or Rep- ho^ l S % and resentatives in said town, since the last meeting 28 ELECTIONS. of the electors of said town by completing a four months' residence therein. And the Board of Registration shall receive for their services under this Act, such compensation as the town may direct, payable out of the town treasury. SEC. 16. Any person who shall wilfully teai down or deface any registry list which shall have Penalty for de- been posted up bv order of the Board of Regis- facing &c., reg- r . * , ,, . , ' istryiists. tration in any town, shall, on conviction thereof , be subject to a fine of seven dollars, payable to the treasury of the town. SEC. 17. So much of the Act passed in 1842, entitled " An Act regulating Elections," as re- quires a record of every person depositing his vote, and so much of the same as re-enacts any part of the Act passed at the special session of Q eneral Assembly begun and held on the twenty-first day of December, 1836, which is in- consistent with this Act, and also so much of the said Act of 1842 as is inconsistent with this Act, and all Acts or parts of Acts relating to elections and admission of electors, inconsistent herewith, are hereby repealed. Provided, that all offend- ers against said Act or Acts, or any of them, may be prosecuted, convicted and punished in the same manner as if said Act or Acts were not repealed. Approved, June 6, 1844. FERRIES. JURYMEN. 29 CHAPTER XIX. An Act in alteration of an Act entitled " An Act relating to Ferries," and in alteration of " An Act in addition" thereto. Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened, That the Aitenn? the fare fare for a man, horse and load, at Enfield and suffiefdFeri'y Suffield Ferry, at the mouth of Fresh Water brook, in future be six and a quarter cents ; and and for each four-wheeled carriage, drawn by one horse, in future be twelve and a half cents ; and that so much of said Acts as is inconsistent Repealing acu with the provisions of this Act, be, and the same '"health? 1 is hereby repealed. Approved, May 31, 1844. CHAPTER XX. An Act in addition to an Act entitled " An Act prescribing the number of Jurymen for each town in this State." Be it enacted by the Senate and House of Repre- sentatives in General Assembly convend, That the Number of Jury .- T i TVT TT in meninNauga- town of Naugatuck, in New Haven county, shall tuck. be and is hereby entitled to select seven jurymen and no more, in the manner and for the purpos- es prescribed in the Act regulating Civil Actions ; and that the town of Waterbury, in New Haven Number in w. county, shall hereafter be entitled to select twelve terbury - jurymen, and no more. Approved, June 4, 1844. 30 NOTARIES. PETITIONS. CHAPTER XXI. An Act in addition to an Act entitled " An Act authorizing the Governor to appoint a Secre- tary and Notaries Public." Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened, That all commissions of Notaries Public granted prior to when to expire. ' the second day of May, 1844, shall expire on the 20th day of June, 1844 ; any law to the contrary notwithstanding. Approved, May 31, 1844. CHAPTER XXII. An Act in addition to an Act concerning Peti- tions and Memorials to the General Assembly. Be it enacted by the Senate and House of Rep- Notice to be giv- resentatives in General Assembly convened, That Ing'c^rt^peu- no petition for the incorporation of a railroad or tions. canal company, or for an alteration in the chart- er of any such company, shall hereafter be heard by the General Assembly, unless public notice thereof shall be given by advertisement, setting, forth the route, as near as may be, of such pro- posed railroad or canal, or the proposed alteration of such charter, in some newspaper printed in the county where such railroad or canal, or some part thereof is located or proposed to be located, or if there be no newspaper printed in such county, then, in a newspaper printed in an ad- joining county, at least three weeks before the first day of the session in which such hearing is Proviso. had. Provided, that nothing herein shall be so construed as to dispense with any other notice required by law. Approved, June 7, 1844. PROBATE DISTRICTS. 31 CHAPTER XXIII. An Act in addition to an Act entitled " An Act constituting and regulating Courts, and ap- pointing the times and places for holding the same." Be it enacted by the Senate and House of Rep- resentatives in General Assembly convened, That Avon constitute^ the town of Avon be arid hereby is constituted a a Met Probate District, by the name of the District of Avon. Provided, however, that all matters of business begun or entered in the Court of Probate Pr for the District of Farmington shall be completed therein, in the same manner as if this Act had not passed. Approved, June 6, 1844. CHAPTER XXIV. An Act in addition to an Act entitled " An Act for constituting and regulating Courts, and for appointing the times and places of holding the same." Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened, Thai; the beiong ga to C the town of Naugatuck shall be and constitute aJfiS&ti part of the Probate district of Waterbury. Pro- vided, however, that all matters and business begun Provi80 - or entered in the Court of Probate for the district of New Haven shall be completed therein, in the same manner as if this Act had not been passed. Approved, June 4, 1844. 32 PROBATE DISTRICTS . S ECRETARY CHAPTER XXV. An Act in alteration of an Act entitled " An Act in addition to the Act entitled ' An Act rela- ting to Guardians and Minors.' " Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened, That whenever any guardian shall have rendered his nuai U acco a un S ts a of account against his ward, and upon adjustment when notrequir- of such account by the Court of Probate it shall appear that the whole estate of such ward is less than five hundred dollars, in such case it shall not be the duty of the guardian to render his account thereafter annually, but such guardian shall render his account thereafter when thereto required by the Court of Probate. Approved, May 28, 1844. CHAPTER XXVI. An Act relating to the Books and Papers of the late " Connecticut Land Company." Be it enacted by the Senate and House of Rep- resentatives in General Assembly convened, That secretary topre-^ s ^ a ^ ^e ^ e ^ utv f tne Secretary of this State serve the books, to preserve the original books and papers of the copies."" 10 ve late Connecticut Land Company, in some safe and convenient place in the state-house in Hart- ford ; and when requested he shall make and attest copies thereof, in the same manner as other copies of records and papers in his office are authenticated, which shall in all cases be admitted as legal evidence. Approved, June 6, 1844. SLAVES. 33 CHAPTER XXVII. Ail Act to repeal an Act therein mentioned and for other purposes. Whereas, it has been decided by the Supreme Court of the United States, since the passing of the Act of 1838, entitled "An Act for the Preamble. Fulfilment of the Obligations of this State im- posed by the Constitution of the United States, in regard to Persons held to service or labor in one State escaping into another, and to secure theRight of Trial by Jury, in the cases therein mentioned," that both the duty and the power of legislation on that subject pertain exclusively to the JNational Government ; therefore, Be it enacted by the Senate and House of Rep- .. y > ~ Repealing act of resentatwes in (jreneral Assembly convened, 1 hat isas, and act in the Act aforesaid and the Act in alteration there- of,Ta39 n ' of, passed in 1839, be, and the same are hereby repealed. SEC. 2. No judge, justice of the peace, or other officer appointed under the authority of Prohibiting ar. this state shall be authorized, as such, to make, st or detention ' of fugitive slaves. issue or serve any warrant or process lor the arrest or detention of any person claimed to be a fugitive from labor or service, as a slave, under the laws of any other state or country, escaping into this state, or to grant a certificate of the title of any claimant to the service of any person so claimed to be a fugitive as aforesaid, with a view to his detention or removal out of this state : and any warrant, process, or certificate so issued or granted by any judge, justice of the peace or other y . officer of this state, shall be utterly null and void, and shall constitute no justification for any acts done under the same. Provided, nevertheless, that Provlgo< nothing in this Act t contained shall be construed to impair any rights which 1 by the Constitution of the United States may pertain to any person to whom labor or service may be due by the laws of any other state, from any fugitive escaping into this state, or to prevent the exercise in this 5 34 SOCIETIES. state of any powers which may have been con- ferred by Congress, on any judge or other officer of the United States in relation thereto. Approved, June 6, 1844. CHAPTER XXVIII. An Act to Incorporate the Philological Society. SEC. 1 . Be it enacted by the Senate and House of Representatives in General Assembly convened, That James Murdock, William Tully, A. B. Cha- incorpo- p m? j os i a h W. Gibbs, Romeo Elton, Theodore D. Woolsey, Edward E. Salisbury, Charles Win. Bradley, James L. Kingsley, Erasmus D. North, and William A. Larned, their associates and suc- cessors, be, and are hereby created, constituted and declared to be a body politic and corporate, by mton. f corp ' tne name of tne Philological Society ; and by that name they, their associates and successors, may and shall have perpetual succession, shall be capable of suing and being sued, pleading and being impleaded, defending and being de- fended in all courts and places whatsoever ; and also to purchase, receive, hold and convey any Limitation of es , J / tate. estate, real or personal, to an amount not exceed- ing twenty-five thousand dollars ; and may have and use a common seal, such as they may devise, and the same alter at pleasure ; may elect offi- cers and establish rules relative to the admission of future members, and may ordain, establish, Empowered to and put in execution such by-laws and regula- rnake by laws, tions not contrary to the provisions of this char- ter, the laws of this state or of the United States, as shall be deemed necessary or expedient for the government of said corporation. when no eiec- ^ ECt ^" ^ ^ sna ^ so happen that an election tionishcid,cor- of any annual officer or officers of said corpora- poration not die- . V ,, , , , , ^, *. oived therefor, won shall not take place in any year at the time appointed therefor, said corporation shall not for TAXES. 35 that reason be dissolved, but such election may be held thereafter, and such officer or officers may exercise his or their official functions until a new election be made. SEC. 3. All the estate, real and personal, Egtate exempt which may at any time be owned by said corpo- from taxation. ration shall be exempt from taxation, so long as the same shall be used and the avails and income thereof shall be devoted to and expended in the objects and purposes of philological science. SEC. 4. The first meeting to organize said Time of holding corporation under the provisions of this charter, f n r g mary mcet " shall be holden on Tuesday, the 4th day of June, 1844, at the residence of James Murdock, at 8 o'clock, P. M. SEC. 5. This Act, or any part thereof, may be altered or repealed, at the pleasure of the Gen- Ac eral Assembly. CHAPTER XXIX. An Act to confirm the proceedings of a meeting of the Commissioners of the County of Mid- dlesex, and the Representatives of the towns of said County. Whereas, at a meeting of the Commissioners of Middlesex County and the Representatives of preamble, the towns in said county, held at Haddam, in the county aforesaid, on the 25th day of De- cember, 1843, it was voted that a tax of seven and a half mills on the dollar be laid on all the polls and rateable estate of said county, on the lists of 1843, to be collected and paid into the treasury of said county, on or before the first day of July, 1844, (five and a half mills of which being for the purpose of erecting a jail in the town of Haddam aforesaid, in such 1 1 manner that it will answer the purpose of a jail and county work-house, and two mills of 36 TAXES. which being for the ordinary expenses of said county,) and inasmuch as there are doubts whether the proceedings of said meeting and the tax so laid as aforesaid were in all respects according to law, in consequence of the as- sessment lists of 1843, of the several towns aforesaid not having then been made, corrected and completed so as to be the rule for the county tax aforesaid to be levied and appor- tioned thereon, according to law. Therefore Be it enacted by the Senate and House of Representatives in General Assembly convened, That the proceedings and vote of the meeting of Confirming tax the commissioners and representatives aforesaid, laid on list not n ,1 -^jj^i completed. so far as the same were intended to lay a tax on the polls and rateable estate of said county, on the list of 1843, shall not be deemed to be inval- id in consequence of said list not having then been made, corrected and completed, as by law required, but the same shall be, and hereby are f declared to be as valid to all intents and purpo- ses as if the list of 1843, in each town in said county had been and then was in all respects completed and perfected as by law required. Proviso. Provided, however, that nothing herein contained shall be so construed as to validate any other de- fect, if any, in the proceedings of the said com- missioners and representatives. Approved, June 7, 1844. CHAPTER XXX. An Act in addition to an Act entitled " An Act for the Assessment of Taxes." Be it enacted by the Senate and House of Persons of coi- Representatives in General Assembly convened. or exempt from rpv. . ,1 , , , n j uxauon. -lhat the personal and real estate of any person of color in this state shall be exempt from taxa- TAXES. 37 tion. Provided, that this Act shall not be con- strued to effect any list heretofore made and com- Proviso - pleted, or any tax which is now or may hereafter be laid thereon. ^ ..i *&&*> ;.ii; "k> Approved, June 7, 1844, CHAPTER XXXI. An Act confirming the Assessment of Taxes. Bz it enacted by the Senate and House of Rep- resentatives in General Assembly convened, That the several provisions of the Act passed in 1833, Act of 1833 re _ entitled " An Act in addition to an Act entitled enacted and pro- * An Act providing for the Collection of Taxes/ " eended. be, and the same are hereby re-enacted and ex- tended to all cases to which the same would be applied if said Act were now for the first time enacted ; and that the provisions of this Act shall be applicable to the proceedings of assess- ors and board of relief of cities as well as towns. Provided, that no claim which is the subject of Proviso. any suit now pending, shall be in any manner af- fected by the provisions of this Act. Approved, June 6, 1844, CHAPTER XXXII. An Act in addition to an Act entitled " An Act for the due Observation of the Sabbath or Lord's-day, and days of public Fasting and Thanksgiving." Be it enacted by the Senate and House of Rep- resentatives in General Assembly convened, That 38 TOWNS. the provisions of the fifth and sixth sections of p^ovu n ien n s g of h nnthe aforesaid Act be, and the same are hereby Act therein nam- exten( J e( J to ^ p u b}j c meetings of all Tempe- rance meetings, ranee Societies, or any meeting for the promotion of the cause of temperance in this state. Approved, June 7, 1844. CHAPTER XXXIII. An Act to make valid the doings of a Town Meeting therein named. Preamble. Whereas, at the annual town meeting of the town of Meriden, held on the first Monday of October, A. D. 1843, the town clerk of said town being absent, the selectmen of said town appointed a clerk pro tern, in place of one being appointed by said meeting, as the law in such cases provides ; now therefore Be it enacted by the Senate and House of Rep- resentatives in General Assembly convened, That meelfngfn'S tne appointment of said clerk pro tern, and all den made valid, the doings of said annual town meeting, in all other respects done in accordance with law, shall, and are hereby declared to be valid and binding as they would have been had said clerk pro tern. been appointed by said meeting. Approved, May 21, 1844. TOWNS. 39 CHAPTER XXXIV. An Act providing the mode of establishing Dis- puted Lines between Adjoining Towns. Be it enacted by the Senate and House of Representatives in General Assembly convened, That in all cases wherein a dispute exists or hall exist in regard to the divisional line be- tween any two adjoining towns, or any part or parts of such line, and a majority of the select- men of one of said towns shall not be able to agree with a majority of the selectmen of the other of said towns, as to the place or places of such divisional line, or part or parts thereof, it shall be the duty of the Superior Court, upon ^henl. application, to appoint a committee of three i u- to appoint a com- t f r . . j. . * , j n j ,1 mitlee to fix dis- uicious and disinterested persons to nx and estab-puted lines, lish said disputed line, or part or parts thereof, and to erect and establish suitable monuments to designate the same. And when said commit- tee shall have so fixed and established said line. _ . ' Committee to or part or parts thereoi, and erected and estab- make report lished such monuments, they shall make report of their doings to said Superior Court ; and when said report shall have been accepted by said Superior Court, and the same, together with the record of the acceptance thereof shall have been recorded in the records of said towns respective- ly, or lodged for the purpose of being so recorded with the town clerks of said towns respectively, by any of the selectmen of either of said towns, said line, or part or parts thereof so fixed and established, shall forever thereafter be deemed and taken to be the true divisional line between said towns. And it shall be in the discretion of said Superior Court to allow or refuse costs to fo^co 1 * atdu- or against either of said towns, or apportion the cr etion. same between them, as to said court may seem equitable. Said court may issue execution for the recovery of said costs as occasion shall re- quire. Provided nevertheless, that before said committee shall proceed to fix or establish said 40 TURNPIKES. line, or part or parts thereof, or monuments as aforesaid, notice shall be given by said commit- tee to said towns respectively, of the time and place of their meeting to attend to the duties of their appointment, at least twenty days previous to the time of such meeting ; the service of which selectmen to be not i ce shall be upon a majority of the selectmen notified. of each of said towns respectively, and also by setting the same upon one sign-post at least, in each of said towns. And all parties interested shall be entitled to be heard before said com- mittee. And provided further, that before said committee shall proceed to fix or establish said line, or part or parts thereof, as aforesaid, they committee, lobe shall be sworn faithfully and impartially, accord- ing to the best of their abilities, to execute the du- ties of their appointment. Approved, June G, 1844. CHAPTER XXXV. An Act in addition to an Act entitled " An Act relating to Turnpike Roads." Be it enacted by the Senate and House of Rep- resentatives in General Assembly convened, That Directors of whenever the gate or gates on any turnpike road L"eTwhe C n m a p n a ci are thrown open by the commissioners on such notified ^ make road '. in consequence of such road not being repairs. kept in good and sufficient repair, upon the com- plaint and application of twenty electors of the town, or either of the towns through which the said road passes, to the selectmen of the town or any of the towns in which the said road is out of repair, to have the same repaired, said select- in case of neg- men shall notify .the directors of such company, InorizeT re"- or an y one of such directors of such complaint ; ^d charge r oTer and if after such complaint and notice said corn- expense to the pany shall neglect or refuse to put said road in company. . * repair, to the acceptance ol the commissioners WINES AND 8PIRITOU8 LIQUORS. 41 thereon, for the term of thirty days, the select- men of such town or towns shall, if so directed by a legal meeting of the inhabitants of such town or towns, repair such portion of the said road as is within the limits of the said town or towns respectively, at the expense of such town or towns, and to make an account of the expense of such repairs and lodge the same with the treas- urer of the town where such expense accrued. And said treasurer shall thereupon notify the di- rectors or one of the directors of said company, or ^e the secretary or agent thereof of such bill of ex- pense : and no company against whom such ex- penses have accrued as aforesaid, shall shut, erect or keep up any toll-gate, or claim or re- ceive any toll on such road until they have first paid said bill or bills of expense to the town or towns having made the repairs aforesaid. Approved, June 4, 1844. CHAPTER XXXVI. An Act to prohibit the retailing of Wines and Spiritous Liquors on public days and at other times. Be it enacted by the Senate and House of Repre- sentatives in General Assembly convened, That & c a ., c when" an'd hereafter, no person or persons shall directly or ^"* f rb ' d indirectly sell or offer for sale at retail, any wines or spiritous liquors in the open fields, commons, highways or turnpikes, or at any tent, booth, stage- stand, or other place erected or located for a tem- porary purpose on a public day, or on days of camp-meetings, or on any temporary occasion penalty, whatever, on penalty of a fine of seven dollars for each offence, to be paid into the town treasury where the offence is committed, on conviction thereof by due process of law. SEC. 2. No gaoler or innkeeper connected with inhibition to any gaol shall be allowed to keep for sale on his 6 42 WINES AND SPIRITOUS LIQ.UORS. premises, after the first Monday of January next, or after the expiration of his present license, any wines or spiritous liquors, or allow the same to be kept for sale by others, or to be given to any pris- oner, except as medicine, or when prescribed by Penalty. a physician ; and any breach of this section shall subject such gaoler to a fine of seventeen dollars, for the use of the town where such gaol is located, to be recovered before any court having cogniz- ance of the offence. It shall be the duty of constables and inform- Constabies u> ing officers to make complaint of any person or ompiaint. persons who shall vio i ate this Act ; and any jus- tice of the peace is authorized to entertain such complaint. '' Approved, June 7, 1844. 43 PROPOSED AMENDMENT TO THE CONSTITUTION. At a General Assembly of the State of Connecti- cut, holden at New Haven, on the first Wednes- day of May, in the year of our Lord one thou- sand eight hundred and forty-four : Resolved, by the House of Representatives, That the following be proposed as an amendment of the Constitution of this state, as a substitute for the second section of the sixth article of the Con- stitution, and of the amendment of said second section ; which proposed amendment, when ap- proved and adopted in the manner prescribed by the Constitution, shall be to all intents and purposes a part thereof, to wit : Every white male citizen of the United States, who shall have attained the age of twenty-one years, who shall have resided in this state for a term of one year next preceding, and in the town in which he may offer himself to be admitted to the priviliges of an elector at least six months next preceding the time he may so offer himself, and shall sustain a good moral character, shall, on his taking such oath as may be prescribed by law, be an elector. Resolved, That the foregoing proposed amend- ment to the Constitution of this state, be continued to the next session of the General Assembly of this state, to be holden at Hartford, on the first Wednesday of May next, and be published with the laws of this state passed at the present session. HOUSE OF REPRESENTATIVES, ) June 1st, 1844. \ Passed. Yeas 132, Nays 12. Luc's. G. PECK, Clerk H. of R. CHARLES H. TUTHILL, Ass't Clerk H. of R. STATE OF CONNECTICUT, ss. ) SECRETARY'S OFFICE, June 28th, 1844. j I HEREBY CERTIFY, That I have compared the printed copy of the Acts contained in this pam- phlet, with the original Acts, as engrossed and passed by the Legislature, and find the same to be correct. DANIEL P. TYLER, Secretary of State. INDEX A. Actions removeable from county court when the judge is disqualified ; 14 civil ; act concerning . . . .13 Amendment to the constitution; proposed ... 43 Assessment of taxes ; acts concerning . . . 36, 37 Auditors on settlement of estates ; powers and duties of . 15 Avon constituted a probate district ;. ",.-.. * 31 B. Bank incorporated ; Danbury ... 4 Fairfield County ; addition to and alteration of an act incor- porating ... 4 Branch of abolished ; . . . , 4 stock by proxy, repealed ; act to prohibit voting on . 6 Whaling ; alteration of act incorporating Banks ; act in addition to an act concerning . . act concerning . . . . .6 Bank Commissioners ; proceedings in case of refusal to answer questions of, &c. . . . ,3 Board of registration. (See Registration.) Bridgeport; act relating to city of . . . 12 selectmen of to make assessment on liquidated liabilities ; 12 c. Colored persons exempt from taxation ; real estate of .36 Commissioners bank, power of limited ; . . . 3 county, to try certain cases ; . . .14 on insolvent estates ; appeals from . , 15 and representatives of Middlesex co. ; act to confirm proceedings of . . , ,,... Common council in Hartford empowered to make by-laws ; in New Haven, may authorize removal of buildings ; quorum in court of may employ persons to pave, &c. Connecticut Land Company ; act relating to books and papers of . Constitution; proposed amendment to . . . Conveyances fraudulent ; act in addition to an act concerning Costs, taxation of on injunctions ; on settlement of disputed lines ; . . Court of common council (See Common Council.) 46 INDEX. ^_^^^^ ^.^ - Court county, appealeable actions removed from when the judge is disqualified ; . . . 14 superior, authorized to appoint auditors in certain cases of appeal from commissioners ; . 15 to appoint a committee to fix disputed lines 39 jurisdiction of in removed cases ; .14 Courts; act concerning ... 14 superior and county, extending power of in partition of es- tates ; .... 17 D. Danbury Bank incorporated ; . 4 E, Elections ; repealing acts relating to . . 18, 21, 28 Ekctors, lists of names of to be preserved by town clerk ; 22 25 to be posted; . ' ' ;,_ , 23 names of to be checked ; . . . .20 Electors' meetings for choice of presidential electors ; act de time of holding; . . . .18 special, for choice of representatives in congress ; act de . . .19 list of names of electors to be used in 20, 22 25 presiding officers of, to conform to corrected lists ; 20, 24 Enfield and Suffield ferry, fare at, altered ; , . .29 Equity; act concerning proceedings in . . . i*.> 1 Estate real; act relating to the partition of . '.^ . 17 of persons of color exempt from taxation ; . ' 36 Estates ; act in addition to and alteration of an act de settlement of 15 F. Fairfield County Bank ; act in addition to and alteration of act to incorporate. . . 4 Ferry ; fare at Enfield and Suffield '"V : . . 29 Fire limits in New Haven ; . . . . 8 Fraudulent conveyances ; act in addition to an act concerning 15 G. Gaols ; wines and spiritous liquors prohibited from being sold in 41 Governor to make proclamation of time for holding certain electors' meetings ; contingent duty of .18 Guardians and minors ; act concerning . . .32 II. Hacks in Hartford ; common council authorized to make by-laws concerning .... 11 in New Haven ; mayor and aldermen authorized to license and regulate a-iu ... 10 Hartford; act in addition to and alteration and amendment of char- ter and acts relating to city of . 11 INDEX. 47 I. Injunctions ; judges of superior court authorized to dissolve . 16 J. Judge of county court when disqualified, appealable actions may be removed ; .... 14 Judges of county or superior courts, power of in certain cases re- lating to banks ; . . . . 3 of superior court empowered to dissolve injunctions ; . 16 Jurymen, number of in Naugatuck and Waterbury; . 29 Justices of the peace ; may try certain cases; . > 'i> ' "'<.' 14 when disqualified to act ; ^ Y . . 13 L.. Land Company Connecticut ; act relating to books and papers of 32 Lines between adjoining towns ; act concerning disputed . : . 39 Liquors and wines ; act concerning spiritous . . .41 Lists of electors to be made out ; separate . . 22, 24 to be posted ; . . .22 to be kept by the town clerk ; . 20, 25 to be revised and corrected ; . ( r 20,23,24 names on to be checked at the polls ; . 20, 25 penalty for defacing, when posted ; ,28 M. Memorials and petitions to the general assembly ; act concerning 30 Meriden ; confirming acts of a town meeting in . .38 Middlesex county ; act to confirm proceedings of commissioners and representatives of 35 Minors and guardians ; act concerning ''. . . 32 N. Name or answer to the board of registration ; penalty for a false 25 Naugatuck made a part of the 5th senatorial district ; . 21 number of jurymen in . . .29 made a part of the probate district of Waterbury ; 31 New Haven; act relative to the city of fire limits in, defined ; 8 removal of buildings in . . ^ . 9 licensing of hacks, &c. in . 10 quorum of common council in . . .9 into wards repealed ; act dividing . '--* 7 Notaries public; act vacating commissions of .. .30 o. Oath to be taken by board of registration ; form of . . 22 board of registration, when required to examine under 21, 26 48 INDEX. P. Petitions and memorials to the general assembly ; act concerning 30 Philological Society ; act to incorporate the . . .34 Presidential electors ; act de time of holding meeting for election of 18 ; lists to be made out of those qualified to vote forj 23 Probate district ; Avon constituted a of Waterbury ; Naugatuck included in 4 31 Proxy voting on bank stock, repealed ; act to prohibit K .'^ ^ 6 R. Registration, board of, constituted ; . . .22 duties and powers of . . 19 28 penalty for refusal to perform duties of . 25 times and places of meeting of . 19 27 compensation of . .28 oath of . . . .22 Registry lists. (See Lists, Electors.) . , Roads ; towns when directed to repair turnpike . . 40 S. Secretary of state to preserve books, &c.j of Connecticut Land Co. 32 Slaves prohibited ; arrest or detention of . . . 33 Society; act to incorporate the Philological . . .34 Spiritous liquors and wines ; act concerning sale of . 41 Students at literary institutions ; act repealing an act de . 18 Svffield and Enfield ferry, fare at, altered ; . 29 T. Taxation rf costs on injunctions; . .'. . .16 on settlement of disputed town lines ; . 30 ; real estate of persons of color exempt from . 36 Taxes ; acts relating to assessment of 36, 37 Temperance societies; provisions of a certain act extended to . 37 Towns ; act concerning disputed lines between adjoining . 39 Town clerk to be clerk of the board of registration ; . .22 ; list of electors to be deposited in office of . 2225 Turnpike roads ; act relating to . . .40 V. Voters. (See Electors.) Voting in more than one town on the same day ; penalty for,. 27 on stock by proxy, act prohibiting repealed ; ; 6 w. Wards, act dividing city of New Haven into repealed ; 7 Waterbury ; number of jurymen in .29 Whahng Bank, charter of altered; ... 6 Wines and spiritous liquors ; act concerning sale of .41 A 000111 855